258
Appointment of Registrars.
Certificate of notice to be issued on request.
Proviso,
Inspection and publication of notices.
Who to give consent if parties under age.
Issue of Registrar's certificate may be forbidden.
Form of certificate,
ORDINANCE No. 1 of 1852.
Marriage.
2. It shall and may be lawful to and for the said Governor of the said Colony from time to time to nominate and appoint fit and proper persons to act as such Registrars, and from time to time to remove such Registrars and appoint others in their place.
3. Any Marriage Registrar upon being requested so to do by or on behalf of the party by whom the notice was given, and one of the parties intending marriage having made oath or declaration as hereinafter required, shall issue under his hand a certificate of such notice having been given and of such oath or declaration having been made; Provided no lawful impediment according to the law of England be shown to the satisfaction of the Marriage Registrar why such certificate should not issue, and the issue of such certificate have not been sooner forbidden, in manner hereafter mentioned, by any person or persons by this Ordinance authorized in that behalf: Provided always, that where by such oath or declaration it appears that one of the parties intending marriage (not being a widower or widow) is under twenty-one years of age, the Marriage Registrar shall not issue such certificate until the expiration of fourteen days after the giving of such notice; and it is further provided, that the Marriage Registrar shall file all such notices and keep them with the records of his office, and shall also forthwith enter a true copy of all such notices fairly into a book to be called the "Marriage Notice Book," which shall be open at all reasonable times without fee to all persons desirous of inspecting the same, and such Registrar shall publish all such notices of marriage by causing a copy of such notices to be affixed on one of the entrance doors of the Supreme Court.
4. The father, if living, of any party under twenty-one years of age, such party not being a widower or widow, or, if the father be dead, the guardian or guardians of the person of the party so under 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.
5. Every person whose consent to a marriage is required as aforesaid is 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 marriage 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 manner, 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.
6. The certificate to be issued by the Marriage Registrar under the provisions of the third section of this Ordinance shall be in the form of schedule B to this Ordinance annexed, or to the like effect.
258
Appointment of Registrars.
Certificate of notice to be is- sued on request.
Proviso,
Inspection and publication of notices.
Who to give consent if par ties under age.
Issue of Regis- trar's certificate may be forbid. den.
Form of certifi- cate,
ORDINANCE No. 1 or 1852.
Marriage.
2. It shall and may be lawful to and for the said Governor of the said Colony from time to time to nominate and appoint fit and proper persons to act as such Registrars, and from time to time to remove such Registrars and appoint others in their place.
3. Any Marriage Registrar upon being requested so to do by or on behalf of the party by whom the notice was given, and one of the parties intending marriage having made oath or declaration as hereinafter required, shall issue under his hand a certi- ficate of such notice having been given and of such oath or declaration having been made; Provided no lawful impediment according to the law of England be shewn to the satisfaction of the Marriage Registrar why such certificate should not issue, and the issue of such certificate have not been sooner forbidden, in manner hereafter mentioned, by any person or persons by this Ordinance authorized in that behalf: Provided always, that where by such oath or declaration it appears that one of the parties intending marriage (not being a widower or widow) is under twenty-one years of age, the Marriage Registrar shall not issue such certificate until the expiration of fourteen days after the giving of such notice; and it is further provided, that the Marriage Registrar shall file all such notices and keep them with the records of his office, and shall also forthwith enter a true copy of all such notices fairly into a book to be called the "Marriage Notice Book," which shall be open at all reasonable times without fee to all persons desirous of inspecting the same, and such Registrar shall publish all such notices of marriage by causing a copy of such notices to be affixed on one of the entrance doors of the Supreme Court.
4. The father, if living, of any party under twenty-one years of age, such party not being a widower or widow, or, if the father be dead, the guardian or guardians of the person of the party so under 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 au- thorized to give such consent resident within the said Colony.
5. Every person whose consent to a marriage is required as aforesaid is 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 manner, and the like proceedings may be had under this Ordinance in relation to such mar- riage as if the issue of such certificate had not been forbidden by such person.
6. The certificate to be issued by the Marriage Registrar under the provisions of the third section of this Ordinance shall be in the form of schedule B to this Ordinance annexed, or to the like effect.
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