Parish settlements and the practice of appeals ... / Jellinger C. Symons.

  • Symons, Jelinger C. (Jelinger Cookson), 1809-1860.
Date:
1846
Catalogue details

Licence: Public Domain Mark

Credit: Parish settlements and the practice of appeals ... / Jellinger C. Symons. Source: Wellcome Collection.

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    GROUNDS OF OBJECTION TO MARRIAGE SETTLEMENTS. 153 the degrees of consanguinity [or affinity, as the case may be, which renders marriage illegal] ; therefore their said marriage was and is null and void according to the form of the statute in that case made and provided. And we, &c. The evidence of the relationship may be given by the parties, the parents or relatives, or any one cognizant of the fact; the time of the marriage will be admitted by the order of examination. Marriages within the prohibited degrees of consanguinity alone, which have been solemnized before the act, are void only if voided by an ecclesiastical court. Objections to the husband’s settlement.—These fall under the head of the settlement which may be set up. Where the objection is that the husband had a subsequent settle¬ ment, it may be thus stated: Form 12. That since the said C D, the husband of the pauper A B, gained [or acquired] the said settlement in this our parish of , on the day of , a. d. 1830, as in the said examination is alleged, he the said C D, on the day of , a. d. 1842, gained a settlement in the parish of B, in the county of , by [,here state the settlement.] And we, &c. Where the wife has gained a settlement since her hus¬ band’s death.—This may be similarly stated, alleging his death, and the settlement subsequently gained by the widow “ whilst sole and unmarried.” The objection requires evi¬ dence of the death of the husband, unless it is admitted; and of the subsequent settlement, in the way stated under its head hereafter. Section XII.—Statement of a Marriage Settle¬ ment WHEN ALLEGED BY APPELLANTS. A woman’s marriage settlement defeats any one pre¬ viously gained, be it what it may, and may be thus stated as a ground of objection to any such : — Form 1.— Where the husband is dead. That the said pauper A B, after the time when she is alleged in the said examination to have gained the said settlement in our pa-