Marriage.
[CAP. 181
marriages duly celebrated according to the personal law and religion of the parties.
(2) The parties to any such customary marriage may, however, if they so desire and provided they have not living any other undivorced spouse, contract with each other a marriage under this Ordinance. In such cases the marriage under this Ordinance shall not be deemed to prejudice the previous customary marriage.
[37]
which
in articulo
mortis may and conditions
be celebrated,
40. (1) It shall be lawful for any competent minister to celebrate a marriage, without the previous delivery to him of the certificate of the Registrar or the Governor's special licence, (as required by subsection (2) of section 20) where the marriage is between two persons who have lived together in unlawful concubinage and one of them is in articulo mortis : Provided that no such marriage shall be valid unless the following conditions are observed—
(a) no such marriage shall be celebrated unless both the parties are able to signify their consent thereto and do so in the presence of two witnesses;
(b) no such marriage shall be celebrated where either of the parties is under twenty-one years of age, not being a widower or widow, unless the person whose consent is required is present and gives his or her consent verbally;
(c) no such marriage shall be valid which would be null and void, on the ground of kindred or affinity, in England or Wales; and
(d) the minister celebrating any such marriage shall, within seven days from the celebration thereof, forward to the Registrar, to be filed in his office, a certificate in the prescribed form. The certificate shall be signed by the minister, and, where practicable, by the persons so married, and by the witnesses to the marriage, and, if either of the parties is unable to sign, the minister shall certify accordingly.
(2) No marriage in articulo mortis shall revoke any will or codicil previously made by either of the parties to such marriage, but such will or codicil shall have the same validity as if such marriage had not taken place.
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Marriage.
[CAP. 181
marriages duly celebrated according to the personal law and religion of the parties.
(2) The parties to any such customary marriage may, however, if they so desire and provided they have not living any other undivorced spouse, contract with each other a marriage under this Ordinance. In such cases the marriage under this Ordinance shall not be deemed to prejudice the previous customary marriage.
[37]
which
in articulo
mortis may and conditions
be celebrated,
40. (1) It shall be lawful for any competent minister Cases in to celebrate a marriage, without the previous delivery to marriage him of the certificate of the Registrar or the Governor's special licence, (as required by subsection (2) of section 20) where the marriage is between two persons who have lived celebration. together in unlawful concubinage and one of them is in articulo mortis : Provided that no such marriage shall be valid unless the following conditions are observed—
.
(a) no such marriage shall be celebrated unless both. the parties are able to signify their consent thereto and do so in the presence of two witnesses; (b) no such marriage shall be celebrated where either of the parties is under twenty-one years of age, not being a widower or widow, unless the person whose consent is required is present and gives his or her consent verbally;
(c) no such marriage shall be valid which would be null and void, on the ground of kindred or affinity, in England or Wales; and
of its
3 of 1893,
ss. 2, 8 and 4.
Form 7.
(d) the minister celebrating any such marriage shall, within seven days from the celebration thereof, forward to the Registrar, to be filed in his office, First a certificate in the prescribed form. The certificate Schedule. shall be signed by the minister, and, where prac- ticable, by the persons so married, and by the witnesses to the marriage, and, if either of the parties is unable to sign, the minister shall certify accordingly.
(2) No marriage in articulo mortis shall revoke any will or codicil previously made by either of the parties to such marriage, but such will or codicil shall have the same validity as if such marriage had not taken place.
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