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.

    360/377 (page 309)
    148 alleged marriage was and is null and void according to the form of the statute in that case made and provided, and then being in full force and effect. And we, &c. The parties themselves, and the register book of banns showing the absence of a proper entry, will afford evidence in this case. Form 4.— Where the names were fraudulently assumed before 4 Geo. 4, c. 76, or wholly differed. [Copy preceding form to the asterisk, then as follows] by banns, who were therein and thereby described, and afterwards married as aforesaid, under the names of and , which said names were not the proper names of the said A B and C D, or of either of them, nor were they names the said A B or C D had ever been called or known by, but were fraudulently and with intent to deceive and to frustrate the law, then assumed by the said A B and C D for the purposes aforesaid [omit these words where the names wholly differed but there was no fraud] therefore, &c. as in Form 3. If in this case the names wholly differ, though it arose by accident, proof is required only of the fact, without proof of fraudulent intent, for it wholly invalidated the banns at the time, and therefore the marriage to which banns were essen¬ tial. Where the names only partially differ, as the alteration merely of a letter or letters, leaving the word sounding the same or a Christian name were omitted, then fraudulent intent must be shown ; just as much as if the marriage had taken place since 4 Geo. 4, c. 76. The production of the entry in the register or a certified copy will be the best evi¬ dence of the variance, and the admission of either party of the fraudulent intent. The fraud of other parties will not invalidate the marriage. Form 5.— Where both parties wilfully marry without banns or license, since 4 Geo. 4, c. 76. (November 1, 1823) (a). That the said A B and C D knowingly and wilfully intermarried on the day of , a.d. 18 >5, as in the examination mentioned, without due publication of banns or license [if since March 1, 1837, add—or certificate of notice], from a person or per¬ sons having authority to grant the same, first had and obtained, according to the form of the statute in that case made and provided. Therefore the said marriage was and still is null and void. And we, &c. (a) Still in full force as to church marriages.