VIII. No. 3. church or chapel wherein the banns have been proclaimed; PART I. but it is not provided that marriages may be solemnized by CLASS licence in such adjoining church or chapel as aforesaid: And whereas it is provided, that all marriages thereto- Stat. 5 fore, but it is not provided that marriages thereafter so- G. 4. c. 32. lemnized in other places within the said parishes or chapelries than the said churches or chapels, on account of their being under repair, or taken down in order to be rebuilt, shall not be liable to have their validity questioned on that account: And whereas it is provided, that the Ministers who have so solemnized the same shall not be liable to any ecclesiastical censure, or to any other proceeding or penalty whatsoever; but it is not provided that the Ministers who shall thereafter solemnize such marriages shall not be liable to such censure or other proceeding or penalty: And whereas it is expedient that marriages heretofore and hereafter solemnized in such place so licensed as aforesaid, during the repair or rebuilding of any church or chapel, or if no such place shall be so licensed then in a church or chapel of some adjoining parish or chapelry, whether by banns lawfully proclaimed, or by licence lawfully granted, should not have their validity questioned on account of their being so solemnized: And whereas it is expedient that the Ministers who shall have so solemnized the same should not be liable to any ecclesiastical censure, or to any other proceeding whatsoever: Therefore be it enacted, and it is hereby enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the Proviso passing of this Act, all marriages which have been here- for martofore solemnized or which shall be hereafter solemnized riages in any place within the limits of such parish or chapelry so churches, licensed as aforesaid for the performance of Divine Serv- &c. under ice during the repair or rebuilding of the church of parish, or chapel of any chapelry, wherein marriages have been usually solemnized, or if no such place shall be so licensed, then in a church or chapel of any adjoining parish or chapelry in which banns are usually proclaimed, whether by banns lawfully published in such church or chapel, or by licence lawfully granted, shall not have their validity questioned on account of their having been so solemnized; nor shall the Ministers who have so solemnized No eccle the same be liable to any ecclesiastical censure, or to any other proceeding whatsoever. where repair, &c. siastical censure. PART I. VIII. No. 3. Licences II. And be it further enacted, That all licences granted CLASS by any Archbishop, Bishop, or other Ordinary or person having authority to grant such licences for the Solemnization Stat. 5 of Marriages in the church of any parish or chapel of any G. 4. c. 32. chapelry wherein marriages have been usually solemnized, shall be deemed and taken to be licences for the solemnization of marriages in any place within the limits of such parish or chapelry which shall be licensed by the Bishop of churches, the diocese for the performance of Divine Service during ed to places the repair or rebuilding of any such church or chapel, or if herein men- no such place shall be so licensed, then in the church or tioned, chapel of any adjoining parish or chapelry wherein marchurch, &c. riages have been usually solemnized. for marriages in &c. extend while under re III. And be it further enacted, That all banns of marpair, &c. riage proclaimed, and all marriages solemnized according to Proviso for the provisions of this Act, in any place licensed as aforesaid, banns pro- within the limits of any parish or chapelry, during the remarriages pair or rebuilding of the church or chapel of such parish or solemnized chapelry, shall be considered as proclaimed and solemnized in such in the church or chapel of such parish or chapelry, and shall be so registered accordingly. claimed & licensed places. No. 4. 26 G. 2. c. 33. Anno 6 GEO. IV. cap. 92. An Act to render valid Marriages solemnized in certain Churches and Public Chapels in which Banns have not usually been published. [5th July 1825.] WHEREAS since the making of an Act passed in the twenty-sixth year of the reign of his late Majesty King 44 G. 3. c. George the Second, intituled An Act for the better prevent 77. ing Clandestine Marriages, and since the making of an Act passed in the forty-fourth year of the reign of his late Majesty King George the Third, intituled An Act to render valid certain Marriages solemnized in certain Churches and Public Chapels in which Banns had not usually been published, before or at the time of passing an Act made in the twenty-sixth year of the reign of his late Majesty King George the Second, intituled " An Act for better preventing "Clandestine Marriages," divers churches and chapels have been erected and built within that part of Great Britain called England, Wales, and the town of Berwick upon Tweed, which have been duly consecrated, and divers marriages have been solemnized therein since the passing of the said last mentioned Act; but by reason that in such churches and chapels banns of matrimony had not usually been pub lished before or at the time of passing the said first men- PARTI. tioned Act, nor any authority obtained for solemnizing CLASS marriages therein under the provisions of an Act passed VIII. No. 4. in the fourth year of the reign of his present Majesty King Stat. 6 George the Fourth, intituled An Act for amending the Laws G. 4. c. 92. respecting the Solemnization of Marriages in England, 4 G. 4. c. such marriages have been or may be deemed to be void: 76. May it therefore please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That all Marriages In what already solemnized in any church or public chapel in that case marpart of Great Britain called England and Wales, and the herein town of Berwick upon Tweed, erected since the making of mentioned the said Act of the twenty-sixth year of the reign of his said good in late Majesty King George the Second, and consecrated, shall be as good and valid in law as if such marriages had been solemnized in parish churches or public chapels having chapelries annexed, and wherein banns had usually been published, before or at the time of passing the said first mentioned Act. in such II. And be it further enacted, That it shall and may Marriages be lawful for marriages to be in future solemnized in all in future churches and chapels erected since the passing of the said solemnized Act in the twenty-sixth year of the reign of his late Majesty churches, King George the Second, and consecrated, in which churches &c. valid. and chapels it has been customary and usual before the passing of this Act to solemnize marriages; and all marriages hereinafter solemnized therein shall be as good and valid in law as if such marriages had been solemnized in parish churches or public chapels having chapelries annexed, and wherein banns had usually been published before or at the time of passing the said Act. III. And be it further enacted by the authority afore- Registers said, That the registers of marriages solemnized or to be of such marriages solemnized in the said churches or chapels, which are evidence. hereby enacted to be valid in law, or copies thereof, shall be received in all Courts of Law and Equity as evidence of such marriages, in the same manner as the registers of marriages solemnized in parish churches or public chapels in which banns were usually published before or at the time of passing the said Act of the twenty-sixth year of the reign of his said late Majesty King George the Second, or copies thereof, are received in evidence: Provided nevertheless, Proviso as that in all such Courts the same objections shall be available to evidence. VIII. PART I. to the receiving such registers or copies as evidence, as would CLASS have been available to receiving the same as evidence if such registers or copies had related to marriages solemnized in such last mentioned parish churches or public chapels as G. 4. c. 92. aforesaid. No. 4. Stat. 6 where not been usually published before IV. And be it further enacted by the authority aforesaid, Registers of marriages That the registers of all marriages solemnized in any such solemnized public chapel where banns had not been usually published in chapels before or at the time of passing the said Act of the twentybanns had sixth year of the reign of his said late Majesty King George the Second, which marriages are hereby enacted to be valid in law, shall, within three months after the passing of this Act, be removed to the parish church of the parish in which 26 G. 2. to such chapel shall be situated; and in case such chapel shall be removed be situated in an extraparochial place, then to the parish church. church next adjoining to such extraparochial place, to be kept with the marriage registers of such parish, and in like manner as parish registers are directed to be kept by the said Act of the twenty-sixth year of the reign of his said late Majesty King George the Second. to parish CLASS IX. STATUTES RELATIVE TO TITHES. Anno 28 HEN. VIII. Cap. 11. For the Restitution of the First Fruits in Time of Vacation to the next Incumbent. FORASMUCH as in the Statute of the payment unto the King's Majesty, his heirs and successors, of the first fruits of spiritual promotions, offices, benefices, and dignities within this realm, and other the king's dominions, express mention and declaration is not had ne made, from what time the year shall be accounted, in which the first fruits shall be due and payable to his Highness, that is to wit, whether immediately from the death, resignation, or deprivation of every Incumbent, or from the time of admission or new taking of possession in every such promotion. II. And also by reason that in the same Statute it is not declared who shall have the fruits, tithes, and other profits of the said benefices, offices, promotions, and dignities spiritual, during the time of vacation thereof, divers of the IX. Archbishops and Bishops of this realm have, not only when PART I. the time of perceiving and taking of tithes (that is to say, CLASS wool, lamb, corn and hay, and tithes usually paid at the holy No.1. time of Easter) hath approached, deferred the collation of Stat. 28 such benefices as have been of their own patronage, but also H. 8. c. 11. have, upon presentations of Clerks made unto them by the just Patrons, protracted and deferred to institute, induct, and admit the same Clerks, to the intent that they might have and perceive to their own use the same tithes growing during the vacation; so that through such delays (over and above the first fruits, which be justly due to the King's Highness) they have been constrained also to lose all or the most part of one year's profits of their benefices and promotions, and to serve the cure at their and their friends proper costs and charges, or utterly to forsake and give over their benefices and promotions, to their great loss and hinderance: first fruits Fruits tak en during be See 1 Eliz. Vin. Ab. III. For reformation whereof be it ordained and enacted The time by the King our sovereign Lord, with the assent of the Lords from which Spiritual and Temporal, and the Commons, in this present are due to Parliament assembled, and by the authority of the same, the King. That the said year, in which the first fruits shall be paid to Fruits the King's Grace, shall begin and be accounted immediately the vacaafter the avoidance or vacation of any such benefice or pro- tion of a motions spiritual afore rehearsed; and that the tithes, fruits, shall be rebenefice, oblations, obventions, emoluments, commodities, advantages, stored to rents, and all other whatsoever revenues, casualties, or pro- the next fits, certain and uncertain, affering or belonging to any arch-Incumbent. deaconry, deanery, prebend, parsonage, vicarage, hospital, c. 4. s. 24. wardenship, provostship, or other spiritual promotion, bene- Co. pl. fice, dignity, or office, (chauntries only except,) within this f. 368. b. realm, or other the King's dominions, growing, rising, or v. 13. 375 coming, during the time of vacation of the same promotion-378. spiritual, shall belong and affere to such person as shall be thereunto next presented, promoted, instituted, inducted, or admitted, and to his executors, towards the payment of the first fruits to the King's Highness, his heirs and successors; any usage, custom, liberty, privilege, or prescription to the contrary had, used, or being, in any wise notwithstanding. IV. And it is also enacted by the authority aforesaid, The forThat if any Archbishop, Bishop, Archdeacon, Ordinary, or the Ordiany other person or persons to their uses and behoof, at any nary which time heretofore sith the first day of May last past, have per- receiveth ceived, received, or taken, or at any time hereafter do per- the fruits ceive, receive, or take the fruits, tithes, obventions, obla- during the tions, emoluments, commodities, revenues, rents, advantages, vacation, feiture of a benefice of |