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Who to give Consent in case of incapacity of Parents and Guardians.
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XX. Provided always, and be it enacted, That if the Father or Fathers of the Parties to be married, or one of them, so under Age as aforesaid, shall be non compos mentis, or the Guardian or Guardians, Mother or Mothers, or any of them, whose Consent is made necessary as aforesaid to the Marriage of such Party or Parties, shall be non compos mentis, or in Parts beyond the Seas, or shall unreasonably or from undue Motives refuse or withhold his, her, or their Consent to a proper Marriage, then it shall be lawful for any Person desirous of marrying in any of the before-mentioned Cases to apply by Petition to the Lord Chancellor or the Lords Commissioners of the Great Seal of Ireland for the Time being, or Master of the Rolls, who shall be empowered to proceed upon such Petition in a summary Way; and in case the Marriage proposed shall upon Examination appear to be proper, the said Lord Chancellor, Lords Commissioners of the Great Seal for the Time being, or Master of the Rolls, shall judicially declare the same to be so; and such judicial Declaration shall be deemed and taken to be as good and effectual to all Intents and Purposes as if the Father, Guardian or Guardians, or Mother, of the Person so petitioning, had consented to such Marriage.
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