Page:Every Woman's Encyclopedia Volume 1.djvu/132

 LAW 112 by special licence at any time or any place, or with the registrar's certificate or licence at the registrar's office. Roman Catholics, Quakers, Jews, and other persons who are not members of the Church of England, who wish to be married in their own places of worship, must do so by certificate or licence, and by securing the attendance of the registrar. Marriage by Banns The usual and generally the cheapest way of getting married is by banns. The minister is entitled to have seven days' notice in writing before publishing the banns, but may dispense with it when the parties are known to him. The banns must be published on three several Sundays ; in practice they are con- secutive, although this is not absolutely necessary. Residence in a parish since yesterday is quite sufficient to entitle a person to give notice as a parishioner for the publication of banns. If such notice is accepted without inquiry, then fifteen days' residence from the first to the last publication of the banns will entitle the parties to be married. When the parties dwell in different parishes the banns must be published in each parish. People who live in places w^hich have no parish church must publish their banns in the adjoining parish. If the marriage is not solemnised within three months, the banns must be republished. The incumbent is entitled to " the accus- tomed fees," which vary according to cir- cumstances, the position of the parties, the officiating clergyman, and the locality in which the church is situated. From two to five guineas would represent the fees for the average middle-class marriage, while the extreme .poor pay a shilling for a copy of their " marriage lines." A marriage by banns published under false names would be void if the mispublica- tion was made to the knowledge of both parties ; if, however, it was done in ignorance, or one party was innocent of the deception, it would probably be valid. A marriage by licence under a false name in the absence of fraud may be valid, but if a licence was obtained in one name and used for another person, the marriage would be void. Foreign and Colonial Banns The publication of banns abroad is not confined to the mere announcement of the intending marriage given from the pulpit of the parish churches of the contracting parties ; in France, for example, the banns must be published at the town hall, not only of the contracting party, but also of that of the parent or guardian, whose consent is requisite for the lawful celebration of the marriage. In some parts of Germany publication is also made in the newspapers, not necessarily the local press. In the Colonies, banns, as a general rule, must be published for three consecutive Sundays and during Divine Service ; but in Nova vScotia the banns may be published at three several meetings on two or more Sundays. And in the North- West Terri- tories banns must be proclaimed at least once in some religious assembly. In Ja- maica no minister of religion who is not a marriage officer may publish banns, but ministers of religion may be appointed marriage officers for that purpose. Licences In each diocese the archbishop and bishops, through their officers and suri;ogates, grant ecclesiastical common licences which dispense with banns. Before the grant of such licence one of the parties must swear by affidavit that he or she has had his or her usual place of abode for fifteen days past in the parish. The residence must be a genuine residence, though not necessarily unbroken ; to engage a room without occupying it would not be sufficient to justify a person in swearing to the fact of residence. The cost of a common licence varies from /2 to ;^3. At the Vicar-General's Office, 3, Creed Lane, Ludgate Hill, E.C. ; the Faculty Office, 23, Knightrider Street, Doctor's Commons ; and the Bishop of London's Office, at i, Dean's Court, Doctor's Commons, the cost of a licence, inclusive of stamps, is £1 2s. 6d ; and may be obtained by one of the contracting parties between 10 a.m. and 4 p.m.; Saturdays, 10 a.m. to 2 p.m. To be continved in Part 2 oj Every Woman's Encyclopedia. DEFINITION OF LEGAL WORDS USED Age of Consent. — For males, 14 ; for females, 12. Surrogate. — A deputy of aft ecclesiastical Judge, most commonly of a bishop or his chancellor, ivith power to issue marriage lice^ices. Caveat. — A process to stop procedure, a 7varning to a registrar not to proceed. Accustomed Fees. — Fees to which the clergy are entitled for performing the marriage ceremony^ and zvhich must necessarily depetid on the position of the parties, the situation of the church, and the style in ivhich the ceremony is conducted. Marriage Oiiicer.— In the Colonies, either a tninister of religion, as in Jamaica; a resident magistrate, as in Cape Colony ; or a layman appointed for that purpose by the Governor of the Colony. Infant. — A person of either sex under twenty-one years of age. Parol. — By word of mouth, or by luriting not under seal. Adoptive Act. — One which in the first instance only applies to London, but luhich may be adopted by local authorities in other parts of the Kingdom. The Notification of Births Act is an instance in point, and parents should inquire from the medical officer if it applies to their district.