MAR THE BUSINESS ENCYCLOPIEDIA 129 of age must first obtain the consent of his father. If he or she has not a father then the consent of a guardian must lie obtained, or in the absence of a g,uardian the consent of the mother. In the case of a marriage by licence one of the parties will be required to make oath either that no consent is necessary or that it has been given, but the consents are presumed in the case of a marriage by banns.
Marriage in Church qf England may be by BANNS (q.v.) or by licence. With regard to a marriage in a church it should be noted that it will be absolutely valid even though the parties are infants, have not at any time resided within the parish, have not obtained the necessary consents, and have even obtained a licence by an absolutely false affidaN it. On the other hand a marriage by banns can be avoided if, with the consent of the other party, one of the parties to the marriage has had the banns published in a wrong name. Such a case occurred where an infant, one Bower Wood, had the banns published, m ith his intended wife's consent, in the name of John Wood. Where it is desired to dispense with the formality and delay of banns a marriage niay be celebrated in a church by licence. This licence is granted by the Archbishop of Canterbury in respect of places within the ecclesiastical province of Canterbury, and, elsewhere, by the bishop of the diocese. In London, m hich is. ithin the province of Canterbury, such a licence costs .V.2, 2s. Gd. A licence will only be granted for a marriaffe in the church of a parish wherein one of the parties has resided for fifteenClays immediately before. If the marriage is not solemnized within three months after the grant of the licence no minister can proceed to the soleinnizati.iq of the marriage until a new licence has been obtained, unless by duly pn'o fished banns. By Special Licence of the Archbishop of Canterbury a marriage may be celebrated at any hour of the night or day, and at any place, whether consecrated or not. Such a licence may be obtained, without either of the parties havina complied with any conditions as to residence, at Doctors' Commons in 'London, the cost being about J230. Though special licences are now granted with some liberality, it would yet seem that they are primarily intended for the convenience of persons of rank, such as " peers or peeresses in their own right, their sons and daughters, dow ager peeresses, privy councillors, the judges, baronets, knights, and members of parliament." In a Regi.strar'8 Office a marriage can now be celebrated without any religious ceremony.. Notice niust first be given, in the prescribed form, by one of the parties to the intended marriage if both have continuously resided in the registrar's di:strict during the seven days immediately preceding the notice. If each of the parties has so long resided in different districts a notice niust be given to each registrar. Twenty-one days after this notice the marriage can take place, and during this period the notice is publicly exhibited in the registrar's office.
In NoncoVormiet Chia-dirs.—Persons who desire to be married in a
nonconformist church should first obtain a registrar's certificate and licence for the marriage to be solemnised in the particular church they choose. The registrar need not be present at the ceremony, but it should be solemnised in the presence of a " duly authorised person," and in a building registered for solemnising marriages. When handino. over the certificate and licence the registrar must also give to one of tire parties intending to contract ths marriage printed instructions for its due solemnisation. The duly authorised person already referred to as the one before whom the marriage must be contracted is defined by the Marriage Act, 1898, as a person " certified as having been duly authorised for the purpose by the trustees or other govern ing body of the building, or of some registered building in the same registra tion district." Where any one has been so authorised, the trustees or governing body must, within a certain time, certify his name and address to the Registrar-General and to the district superintendent registrar. In every marriage so solemnised each one of the parties contracting the marriage must in some part of the ceremony make the following declarations :—" I do solemnly declare that I know not of any lawful impediment why I, A. 13., may not be joined in matrimony to C. D." And each of the parties must also say to the other the words following :—" I call upon these persons here present to witness that I, A. B., do take thee, C. D., to be my lawful wedded wife [or husband]," or in lieu thereof the words following :—" I, A. 13., do take thee, C. D., to be my wedded wife [or husband]." These declarations are required to be made in the presence of the authorised person or two or more witnesses. In the case of the solemnisation of such a marriage, the certificate or certificate and licence required by law must be delivered to the authorised person in whose presence the marriage is solemnised. Immediately after the marriage he must register in duplicate certain prescribed particulars in the marriage register books; and every such entry is to be signed by the authorised person, and by the parties to the marriage, and by two witnesses. The contracting parties have always, notwithstanding the foregoing, a right to require the attendance at their marriage of the district registrar ; and nothing in the above Act, which has thus made special provision for nonconformist marriages, is to be taken to relate or have any reference to marriages solemnised in accordance with the practice and usages of the Society of Friends or of persons professing the Jewish religion.
A penalty of xi° to i?50, with hard labour, is imposed upon any authorised person who refuses or fails to comply with the enactments or regulations for the time being in force with respect to the solemnisation and registration of marriages. For particulars of these enactments and regula tions reference should be made to the Act of 1898, and to the Rules made in pursuance thereof. See HUSBAND AND WIFE; DIVORCE.