After the expiration of the twenty-one days, or of seven days, if the marriage is by licence (that is, from the surrogate), it may be solemnized in the registered building stated in the notice, between and by the parties described in the no tice and certificate according to such form and ceremony as they may see fit to adopt : every such marriage to be so lemnized with open doors between eight and twelve in the forenoon, in the pre sence of some registrar of the district in which the building is situate, and of two witnesses.
In some part of the ceremony, and ie the presence of registrar and witnesses, each of the parties is to declare " I do solemnly declare, that I know not of any lawful impediment why I, A. B., may not be joined in matrimony to C. D." And each of the parties is to sajtto the other- " 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)." Provided also, that there be no lawful impediment to the marriage of such par ties (§ 20).
Persons who object to marry in a registered place of worship may, after due notice and certificate issued, contract and solemnize marriage at the office of the superintendent registrar, and in his presence and in that of some registrar of the district, and of two witnesses, with open doors, and between the hours afore said, making the declaration and using the form of words as above (§ 21). After any marriage solemnized, it is not neces sary, in support of such marriage, to give proof of the actual dwelling of either of the parties previous to the marriage with in the district for the time required by the act, or of the consent of any person whose consent is required; nor is evi dence admissible to prove the contrary in any suit touching the validity of such marriage (§ 25). The registrar before whom any marriage is solemnized ac cording to the provisions of this act may ask of the parties to be married the seve ral particulars required to be registered touching such marriage (§ 36). Every person knowingly and wilfully making any false declaration, or signing any false notice or certificate required by this act, for the purpose of procuring any mar riage, and every person forbidding the issue of any superintendent registrar's certificate by falsely representing himself or herself to be a person whose consent to such marriage is required by law, knowing such representation to be false, is to suffer the penalties of perjury (§ 38).
If any person and wilfully in termarry under the provisions of this act, —in any place other than the church, chapel, registered building, or office, or place specified in the notice and certifi cate,—or without due notice to the super intendent registrar,—or without certifi cate of notice duly issued,—or without licence, in case a licence is necessary,— or in the absence of a registrar, where the presence of a registrar or superin tendent registrar is necessary, the mar riage of such persons, except in certain excepted cases, is null and void (§ 42); as under 4 Geo. IV. c. 76, § 22, a mar riage would not be void unless both par ties knowingly and wilfully concurred in marrying contrary to the provisions of the 42nd section. If any valid marriage be had under the provisions of this act by means of any wilfully false notice, certificate, or declaration made by either party to such marriage, as to any matters to which a notice, certificate, or declara tion is required, the attorney-general or bolicitor-aeneral may sue for a forfeiture of all estate and interest in any property accruing to the offending party by such ' marriage c0 43). Consent to marriage may be withdrawn upon good reason; but it would rather appear that this can not be done merely because the parent or guardian has changed his mind. The question of consent is not however of such vital importance as under the first Marriage Act (26 Geo. H. c. 33, § 11), which made marriages without consent of parents, &c. absolutely void. Under 4 Geo. IV. c. 76, § 23, and 6 & 7 Wm. IV. C. 85, § 43, a false statement as to consent subjects the fraudulent party to the penalties of perjury, and to a for feiture of all estate and interest in any properties accruing by the marriage, but leaves the marriage itself in full force.
These statutes do not extend to mar riages contracted out of England, or to marriages of the royal family, which are regulated by a particular statute, 12 Geo. HI. c. 11.