The said seventeenth section of the Marriage Act is hereby repealed.

In case any father guardian or mother, whose consent is made necessary by the said Act to the marriage of a person under age, shall be non compos mentis, or in case any such guardian shall unreasonably or from undue motives refuse or withhold his consent to a proper marriage, then it shall be lawful for any person desirous of marrying in any of the above-mentioned cases, to apply by petition to a Judge of the Supreme Court in a summary way, and in case the marriage proposed shall, upon examination, appear to be proper, such Judge 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 mother of the person so petitioning had consented to such marriage.