the-ordinances-of-the-legislative-counci-1890 — Page 294

258 ORDINANCE No. 1 OF 1852 .


Marriage.

Appointment 2. It shall and may be lawful to and for the said Governor of the said Colony
of Registrars.
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 .
Certificate of 3. Any Marriage Registrar upon being requested so to do by or on behalf of the
notice to be is
sued on request .
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 :
Proviso. 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
Inspection and without fee to all persons desirous of inspecting the same, and such Registrar shall
publication of
notices. 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.
Who to give 4. The father, if living, of any party under twenty-one years of age, such party
consent if par
ties under age.
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.
Issue of Regis 5. Every person whose consent to a marriage is required as aforesaid is hereby
trar's certificate
may be forbid
den. 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.
Form of certifi 6. The certificate to be issued by the Marriage Registrar under the provisions of
cate.
the third section of this Ordinance shall be in the form of schedule B to this Ordinance
annexed, or to the like effect.