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but Murray Ball in his celebrated Clergyman's Legal Handbook. p. 115,
Says, -
"It", that is, the fee, "is payable,
by custom, when the Ceremony has been performed (Stein 178) and under the Church Building Act it is conceived
that the accustomed fee is legally recoverable, and such
fees may be sued for and recovered by the Incumbent,
Clerk and Rector, as legal fees."
As to Registrars
the law recurs quite plain. See Registration Act, 547 William II, cap. 86. Sec. 35. The fee is
for every search (for not more than one year, and 6d for every additional year; and
for a certificate.
As throwing some light upon the subject I copy here an entry which I made in my official Diary on the 14th October 1872:- "W.W. Saunders the Registrar of the Cathedral informs Rector that on the Marriage of Mr. Torrey, of East Point, the question was raised as to whether the Colonial Chaplain had a legal right to charge any fee for performing the marriage ceremony. Mr. Saunders having, by the Colonial Chaplain's direction applied to Mr. Torrey for the fee was refused, and upon Mr. Torrey meeting Dr. Irwin in the street he taxed him with the illegality of his demand. Dr. Irwin replied that he had never heard the question...
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