169
Y.
to
cate may be for bidden.
Age lawfully appointed, or One of them, and in case there be no such Guardian, then the Mother of such Party, if unmarried, shall have Authority to give Consent to the Marriage of such Party; and such Consent is hereby required for the Marriage of such Party so under Age unless there be no Person authorized to give such Consent resident within the said Colony.
Issue of Re- V. Every Person whose Consent to a Marriage is required as aforesaid gistrar's Certifiis hereby authorized to forbid, in Manner as hereafter provided, the Issue of the Marriage Registrar's Certificate; and in case the Issue of any such Certificate be so forbidden, the Notice and all Proceedings thereupon shall be utterly void: Provided always, that (subject to the Provisions hereafter mentioned) if either of the Parties intending Mar- riage allege that the Person forbidding the Issue of such Certificate is not authorized by Law so to do, the Marriage Registrar shall examine into such Allegation, and if he be satisfied that such Person is not authorized as aforesaid, shall act in like Manuer, and the like Procced- ings may be had under this Ordinance in relation to such Marriage as if the Issue of such Certificate had not been forbidden by such Person. Form of Cer. VI. The Certificate to be issued by the Marriage Registrar under the Provisions of the Third Section of this Ordinance shall be in the Forin of Schedule B to this Ordinance annexed, or to the like Effect.
VII. Any Person authorized in that Behalf may forbid the Issue Certificate may of the Marriage Registrar's Certificate by Writing at any Time before the Issue of such Certificate the Word "Forbidden" opposite to the Entry of the Notice of such intended Marriage in the Marriage Notice Book, and by subscribing thereto his or her Name and Place of Abode and his or her Character in respect of either of the Parties by reason of which he or she is so authorized, and the said Word Forbidden" SO written and subscribed as aforesaid shall be deemed a Protest within the Meaning of this Ordinance.
tificate.
How issue of
be forbidden.
References by
VIII. la all Cases where the Marriage Registrar shall not be the Registrar in satisfied that the Person forbidding the Issue of the Certifiente is Cases of Doubt. authorized by Law so to do, the said Marriage Registrar shall apply by Petition to the Supreme Court of Hongkong, and the said Petition shall state all the Circumstances of the Casc and pray for the Order and Direction of the Court concerning the same, and the said Supreme Court or any Judge thereof shall be empowered to examine into the Allegations of the Petition and the Circumstances of the Case in a summary Way; and if upon such Examination it shall appear that the Person forbidding the Issue of such Certificate is not authorized by Law so to do, sneh Supreme Court or a Judge thereof shall declare that the Person for- bibling the Issue of such Certificate is not authorized as aforesaid, and that then and in such case such Certificate shall be issued and the like Proceedings may be had under this Ordinance in relation to such Marriage as if the Issue of such Certificate had not been forbidden by such Person.
IX. After the Issue of the Certificate of the Marriage Registrar, Mar- After Issue of Certificate, Mar- riage may be solemnized between and by the l'arties described in such riage may be sol- Certificate or Certificates according to such Form and Ceremony as they emnized in the may see fit to adopt. Provided nevertheless that such Marriage shall l'resence of Mar be solemnized between the Hours of Six in the Morting and Soven in riage Registrar and two Witness- the Evening in the Presence of the Marriage Registrar, to whom shall be es at prescribed delivered such Certificate or Certificates as aforesaid and of Two or Hours, according more Witnesses, and that in sorne Part of the Ceremony each of the Ceremonies Partics shall declare, "I do solemnly declare, That I know not of any the Parties may lawful Impediment why I, 4. B., may not be joined in Matrimony "to C. D.," or shall declare to the like Effect; and each of the Parties
to
adopt,
Places where
shall say to the other, I call upon these Persons here present to "witness that I A. B. do take thee C. D. to be my lawful wedded
44
Wife [or Husband] or other Words to the like Effect. Provided also that there be no lawful Impediment to the Marriage of such Parties.
X. And such Ceremony shall be solemnized in some Public Place of Ceremony is to Christian Worship, or at the Office of the said Registrar, unless in such be solemnized. Cases where the Governor of the said Colony shall by Special License for that Purpose authorize such Solemnization to be had at some other Place. When the XI. When a Marriage is net solemnized within Three Calendar Marriage is not Months after the Notice shall have been so entered by the Marriage in Three Months Registrar, the Notice and C'ertificate which may have been issued there- after Notice, new upon and all other Proceedings thereupon shall be utterly void; and Notice required. no Person shall proceed to solemnize the Marriage nor shall any Mar- riage Registrar register the same until new Notice shall have been given and Entry made, and Certificate thereof given, at the Time and in the Manner aforesaid.
solemnized with-
Marriages to
be registered.
XII. After the Solemnization of any Marriage under this Ordinance, the Marriage Registrar present at the Solemnization thereof shall forth. with register such Marriage in dupliente, that is to say, in a Book to be called the Marriage Register Book" according to the Form of Schedule C. to this Ordinance annexed, and also in a Certificate attached to the
Marriage Register Book, as a Counterfoil; and the Entry of such Mar- ringe in both the Certificate and the Marriage Register Book shall be signed by the Person by or before whom the Marriage has been solemnized, if there be any such Person, and by the Marriage Registrar present at such Marriage, whether or not the Marriage is solemnized by him, and also by the Parties married, and attested by Two Witnesses; and every such Entry shall be made in Order from the Beginning to the End of the Book, and the Number of the Certificate shall correspond with that of the Entry in the Marriage Register Book.
XIII. The Marriage Registrar shall separate the Certificate fron
Certificates of
to
the Marriage Register Book, and transmit it, at the End of every Marriage to be Month, to the Colonial Secretary of the Colony, or to such other Person transmitted as the Governor thereof may appoint for the Purpose; and the Marriage Colonial Secre
tary, &c., &c. Registrar shall keep safely the said Register Book until it be filled, and shall then transmit the same to the said Secretary or other Person to be appointed as aforesaid, to be kept by him with the Records of his Office.
XIV. After any Marriage has been solemnized under this Ordinance. Proof of Resi- it shall not be necessary in support of such Marriage to give any Proof dence of Parties in respect to the Dwelling of the Parties or the Consent of any Person, or Consent not whose Consent thereunto is required by Law, nor shall any Evidence be essay to es- tablishMarriage. given to prove the contrary in any Suit touching the Validity of such Marriage.
XV. It shall be lawful for the Marriage Registrar before whom any Registrar may Marriage is solemnized according to the Provisions of this Ordinance to ascertain Parti- ask the Parties to be married the several Particulars required to be' registered touching such Marriage.
culars.
XVI. Every Person who shall enter a Protest with the Marriage Persons vexn- Registrar against the Issue of any such Certificate on Grounds which tiously, protes-
liable ting such Marriage Registrar, or the Supreme Court, or a Judge thereof, or Costs and Da other Person, to whom on the Refusal of such Certificate an Application mages.
is authorized by this Ordinance, declares to be frivolous and such as ought not to obstruct the Issue of the Certificate, shall be liable for the Costs of all Proceedings in relation thereto, and for Dumages, to be recovered by Suit by the Party against whose Marriage such Protest was entered.
Searches may
XVIL Every Marriage Registrar or other Person who shall have the Custody for the Time being of a Register Book of Marriages under be made and Cer- this Ordinance shall at all reasonable Times, without Fee, allow Searches tificates given.
to be made of such Register Book and shall give a Copy certified under his Hand of any Entry or Entries in the same.
XVIII. And every Person who shall wilfully destroy or injure or Penalty for fal cause to be destroyed or injured any such Register Book, or the sifying or des- Counterfoil Certificates thereof, or any Part or certified Copy thereof, or troying Register
Book. shall falsely make or counterfeit or cause to be falsely made or counter- feited any Part of such Register Book or of such Counterfoil Certificates or of certified Copies thereof, or shall wilfully insert or cause to be inserted in any Register Book or Counterfoil Copy or certified Copy thereof any false Entry of any Marriage, or shall wilfully give any false Certificate, or shall certify any Writing to be a Copy or Extract of any Register Book or Counterfoil thereof knowing the same Register Book or Counterfoil Copy to be false in any Part thereof, shall be guilty of Felony.
rected.
XIX. Any Person charged with the Duty of registering any Mar- Accidental Er- riage who shall discover any Error to have been committed in the Form rors may be cor- or Substance of any such Entry may within One Calendar Month next' after the Discovery of such Error in the Presence of the Parties married, or in case of their Death or Absence in the presence of Two other credible Witnesses who shall respectively attest the same, correct the erroneous Entry according to the Truth of the Case by entering in the Margin without any Alteration of the original Entry and shall sign the Marginal Entry and add thereunto the Day of the Month and Year when such Correction shall be made, and he shall make the like Marginal Entry at- tested in the like Manner in the aforesaid Counterfoil Certificate thereof.
false Oath or De-
XX. Every Person who shall knowingly and wilfully make any false Punishment of Oath or false Declaration or sign any false Notice or Certificate required Persons making by this Ordinance for the Purpose of procuring any Marriage to be claration. solemnized, and every Person who shall forbid the Issue of any Marriage Registrar's Certificate by falsely representing himself or herself to be a Person whose Consent to such Marriage is required by Law, knowing such Representation to be false, shall, on Conviction, be liable to suffer the Penalties of Perjury.
XXI. Every Prosecution under this Ordinance shall be commenced within the Space of Two Years after the Offence committed.
Limitation of Prosecution.
Governor
in
XXII. The Governor of the Colony aforesaid with the Advice of the Executive Council thereof may from Time to Time appoint reasonable Executive Com- Fees to be taken by Registrars of the Parties intending Marriage for to appoint receiving and publishing Notices of Marriage, and for issuing Certificates, by Registrars. entering Protests, and registering Marriages under this Ordinance.
Fees to be taken
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