The Odessa Marriage Act, 1867


A PRIVATE MEMBER' S BILL

By Gwen Hambly

It was my Great-Aunt who first interested me in family history, as she wrote accounts of many of the experiences of her long life. It was only after she died in 1981, aged nearly 102, that I read what she had to say about her parents' marriage; she had never spoken about it to me. "They were married, like another couple, by a Presbyterian Minister, who failed to follow the required legal proceedings so they were informed the marriages were illegal: As babies were on the way, the marriages had to be put right by Act of Parliament." This sounded so intriguing I decided to find out what had happened.

Her father, Richard, was born in Yorkshire, and his father was persuaded by a plausible gentleman that a fortune could be made in Russia by salvaging the brass cannon left lying on the battlefield of Balaclava, so he advanced the money to finance the enterprise and sent his son to accompany the gentleman to Odessa while Richard was negotiating with the authorities, the said gentleman absconded with the money, leaving Richard without even an overcoat. As he knew French and German he went to work for a Frenchman who had a workshop for repairing agricultural machinery, and soon became his chief clerk. Once he was established he wrote to his fiancee to come to Odessa to marry him. "The very month (March) tells you what to do", and they were married in April, 1866. The first thing to do was to obtain a copy of their marriage certificate, so I wrote to St. Catherine's House enclosing the appropriate remittance and a few weeks later the certificate arrived. Everything appeared to be in order. They had been married in the British Consulate General in Odessa by the Minister of the English Presbyterian Church in the presence of the Consul General, Richard's employer, and two other witnesses. Next I had to find out about Private Member's Bills, so I went to the Reference Library and spoke to the Librarian. My luck was in; a book listing Private Member's Bills had recently been published, and soon a copy was in my hands. There it was in black and white, "The Odessa Marriage Act, 1867." I discussed with the Librarian the possibility of seeing the Act and he suggested I should 'phone the House of Commons Library. As soon as I got home I 'phoned the Library, only to be told that all Private Member's Bills were kept in the House of Lords, so I rang their Library. Would it be possible to come and see a Private Member’s Bill? Certainly, if I knew the year and the reference, and would I like to make an appointment? So I did, for the following week. I was instructed to go to a certain door. I was expected, issued with a pass, and ushered to the lift which took me up to the Library. There was a long polished table in the room with two other people sitting at it, and the Librarian indicated my place There it was, “An Act for removing Doubts as to the Validity of certain Marriages between British Subjects at Odessa”, with “La Reyne le veult” written at the top.

Richard and Emma had married as soon as she arrived in Odessa, too soon it seems, as she had not complied with the residence qualifications. Because the non-compliance had arisen “by reason of the Inadvertence of the Consul” and not because of any wilful neglect on the part of Richard and Emma, the marriage was to be held as valid.

So it was the Consul and not the Presbyterian minister who was at fault. Today it would not matter, of course, but just think of the shame of having an illegitimate child in the 186Os. I wonder how many families can claim a special Act of Parliament?




La Reyne le veult

(Crest)

ANNO TRICESIMO
VICTORIA REGINAE
CAP.II



An Act for removing Doubts as to the Validity of certain Marriages between British Subjects at Odessa.


WHEREAS by an Act of the Session of the Twelfth and Thirteenth Years of the Reign of Her present Majesty, Chapter Sixty-eight, and intituled An Act for facilitating the Marriage of British Subjects resident in Foreign Countries, Provision is made for solemnizing in Foreign Countries, or Places where there may be a British Consul duly authorized in that Behalf, Marriages between Persons both or one of whom are or is British Subjects or a British Subject.

And whereas certain Marriages have been solemnized at Odessa in the Empire of Russia by or in the Presence of Eustace c. Grenville Murray Esquire, Consul General, between Persons being both or one of them Subjects or a Subject of this Realm:

And whereas Doubts are entertained as to the Validity of certain of the said Marriages by reason of a Noncompliance by the Parties thereto with the Provisions of the said Act as to Residence:

And whereas such Noncompliance has arisen by reason of the Inadvertence of the Consul to the Provisions of the said Act, and not in consequence of any wilful Neglect or Default on the Part of the Parties to the said Marriages:

Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows

(Legalization of certain Marriages at Odessa notwithstanding Noncompliance with recited Act)

1. All Marriages solemnized at Odessa previously to the passing of this Act by or in the Presence of the said Eustace C. Grenville Murray (both or one of the Parties to such Marriages being Subjects of this Realm) shall, notwithstanding any Noncompliance with the Provisions of the said Act of the Twelfth and Thiteenth Years of Her present Majesty, Chapter Sixty-eight, be held to be as valid as if all the Provisions of the said Act had been duly complied with.

(Evidence of Solemnization of Marriage)

2. Where in the Copy of an Entry of any Marriage certified as required by the said Act such Marriage purports to have been Solemnized by or in the Presence of the said Eustace C. Grenville Murray, the Production of such Copy, or of any certified Copy thereof, shall be Evidence of such Marriage having been solemnized by or in the Presence of the said Eustace C. Grenville Murray.

(Short Title)

3. This Act may be cited for all Purposes as “The Odessa Marriage Act, 1867”.


(signed) J.G. Shaw-Lefevre
Cler: Parl.




Journals House of Commons Volume 122, 1867



20th-21st February Marriages (Odessa) Bill Bill 40

Mr Secretary Walpole presented a Bill for removing Doubts as to the Validity of certain Marriages between British Subjects at Odessa: And the same was read for the first time; and ordered to be read a second time Tomorrow; and to be printed.

21st-22nd February

The Order of the day being read, for the second reading of the Marriages (Odessa) Bill; Ordered, that the Bill be read a second time tomorrow.

22nd-23rd February

The Marriages (Odessa) Bill was, according to Order, read a second time; and committed to a Committee of the whole House, for Monday next.

25th February

The House, according to Order, resolved itself into a Committee on the Marriages (Odessa) Bill; and after some time spent therein, Mr Speaker resumed the Chair; and Mr Dodson reported, That the Committee had gone through the Bill, and directed him to report the same, without Amendment.
Ordered, That the Bill be read the third time upon Thursday next.

28th February

The Marriages (Odessa) Bill was, according to Order, read the third time.
Resolved, That the Bill do pass.
Ordered, That the Clerk do carry the Bill to the Lords, and desire their concurrence.

11th March

Mr Speaker acquainted the House, That a Message had been brought from the Lords, by one of their Clerks, as followeth:
The Lords have agreed to the Marriages (Odessa) Bill, without any Amendment.

29th March

A Message was delivered by Colonel Clifford, Yeoman Usher of the Black Rod:
Mr Speaker, The Lords, authorised by virtue of Her Majesty’s Commission, for declaring Her Royal Assent to several Acts agreed upon by both Houses, desire the immediate attendance of this Honourable House in the House of Peers, to hear the Commission read.
Accordingly, Mr Speaker, with the House, went up to the House of Peers:- And being returned; Mr Speaker reported, That the House, at the desire of the Lords, authorised by virtue of Her Majesty’s Commission, had been at the House of Peers, where a Commission under the Great Seal was read, giving, declaring and notifying the Royal Assent to the several Acts therein mentioned; and that the Lords, thereby authorised, had declared the Royal Assent to the said Acts, as follow:

Marriages (Odessa) Bill

An Act for removing Doubts as to the Validity of certain Marriages between British Subjects at Odessa.


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