§ A Message from the Commons, brought up by Mr. Wilks and others, informed their Lordships, that a proviso in the 18th Clause of the Marriages' Bill, to this effect:—"Provided that at the time of such marriage each of the parties shall declare to the Superintendent Registrar, 'I do solemnly declare that I have conscientious scruples against marrying in any church or chapel, or with any religious ceremony,'" although struck out by way of amendment on the third reading, had, by mistake of the Clerk, been retained and engrossed, and appeared in the Bill as printed by order of their Lordships, and read a first time. Their Lordships were therefore requested to expunge that proviso, the same not forming part of the Bill as passed by the Commons.
§ The Messengers having withdrawn,
§ Viscount Melbournequoted two precedents—the one of a message in 1797, brought up by Mr. Wilberforce, the other 2 by Sir George Hill, in 1803, and moved, in conformity with the practice followed in those cases, that the proviso alluded to be expunged, that the Bill be reprinted, and that a message be sent to the Commons to inform them that the proviso had been struck out.
The Earl of Shaftesburythought the proper way would be, as the House of Commons had sent up an incorrect Bill, to move that it be returned to them.
The motion was agreed to, and ordered accordingly, and the aforesaid proviso was ordered to be expunged, and a Message sent to the Commons to acquaint them therewith. Then the Bill was read a first time, ordered to be printed, and to be read a second time.
The Bill was then read a first time, and ordered to be read a second time on Monday next.