88 Marriage

AuthorRalph Hone
Pages#3

CHAPTER 88.

MARRIAGE.

ARRANGEMENT OF SECTIONS.

SECTION.

  1. SHORT TITLE.

  2. INTERPRETATION.

  3. NON-COMPLIANCE WITH THE ACT PREVENTS A MARRIAGE FROM HAVING ANY LEGAL EFFECT.

  4. WILFUL NON-COMPLIANCE RENDERS THE MARRIAGE VOID.

  5. EFFECT OF NON-OBSERVANCE IN OTHER CASES.

  6. APPOINTMENT OF OFFICERS FOR THE PURPOSE OF ENSURING THE REGISTRATION OF MARRIAGES AND THEIR LEGALITY.

  7. MINISTER OF RELIGION MAY APPLY TO BE A MARRIAGE OFFICER.

  8. REGISTRAR A MARRIAGE OFFICER Ex OFFICIO.

  9. SAFEGUARD FOR CONSCIENTIOUS OBJECTIONS.

  10. REGISTRARS TO GIVE SECURITY.

  11. POWER ENABLING REGISTRAR TO APPOINT A DEPUTY.

  12. MARRIAGE OFFICERS AT LIBERTY TO RESIGN.

  13. MARRIAGE OFFICERS CEASE TO BE QUALIFIED WHEN CEASING TO ACT FOR A CONGREGATION.

  14. EXCEPT WHEN ONLY TEMPORARILY ABSENT.

  15. APPOINTMENT OF MARRIAGE OFFICERS.

  16. METHODS OF SOLEMNIZING MARRIAGE.

  17. PROCEDURE BY REGISTRAR'S CERTIFICATE.

  18. PROCEDURE BY MARRIAGE OFFICER'S CERTIFICATE.

  19. PROCEDURE BY MARRIAGE LICENCE.

  20. PROCEDURE WHEN THE CONSENT OF A PARENT OR A GUARDIAN IS REQUIRED.

  21. PROCEDURE TO BE FOLLOWED IF A MARRIAGE IS OPEN TO OBJECTION.

  22. CERTIFICATES AND LICENCES Do NOT OPERATE AFTER THREE MONTHS FROM THE DATE OF ISSUE.

  23. DECLARATIONS MUST BE MADE BY THE PARTIES THAT THERE IS NO LAWFUL IMPEDIMENT TO THEIR MARRIAGE IN ORDER THAT THE LATTER MAY BECOME BINDING IN LAW.

  24. MARRIAGE MAY BE CONTRACTED BEFORE A REGISTRAR.

  25. MARRIAGE CONTRACTED BEFORE A REGISTRAR MAY BE SUBSEQUENTLY SOLEMNIZED IN CHERCH.

  26. MARRIAGE OFFICERS TO OBTAIN THE PARTICULARS REQUIRED FOR REGISTRATION.

  27. REGISTRATION OF MARRIAGES IN TIlE MARRIAGE OFFICER'S MARRIAGE REGISTER BOOK.

  28. TRANSMISSION OF DUPLICATE REGISTER TO THE REGISTRAR GENERAL.

  29. DUPLICATE REGISTER rTO BE FILED AND PRESERVED.

  30. CORRECTION OF OMISSIONS IN REGISTERS.

    SECTION.

  31. RECOGNITION OF MARRIAGES in Articulo Mortis DOES NOT HAVE ANY LEGAL RETROSPECTIVE EFFECT AND DOES NOT ANNUL AN EXISTING WILL.

  32. DEPARTMENTAL RULES MAY BE MADE BY THE REGISTRAR GENERAL.

  33. GENERAL REGISTER OFFICE.

  34. COPIES OF CERTIFICATES TO BE SEALED.

  35. FORMS, BOOKS, ETC., TO BE SUPPLIED TO OFFICERS.

  36. TiHE REGISTRAR GENERAL TO BE THE REGISTRAR GENERAL OF MARRIAGES.

  37. THE REGISTRAR GENERAL ENTRUSTED WVITH THE SUPERVISION AND CONTROL OF MARRIAGE REGISTRATION.

  38. CUSTODY OF REGISTERS.

  39. INDEX REGISTERS.

  40. RIGHT TO SEARCH REGISTER.

  41. ISSUES OF CERTIFIED COPIES.

  42. MARRIAGE OFFICERS TO BE UNDER OBLIGATION TO REGISTER MARRIAGES.

  43. REGISTRATION WORK BY MARRIAGE OFFICERS.

  44. OBLIGATION OF REGISTRARS AND OF MARRIAGE OFFICERS IN THEIR CAPACITY AS REGISTRARS.

  45. EXPENSES.

  46. EVIDENCE BY MEANS OF CERTIFIED COPIES AND DUPLICATES.

  47. PENALTY FOR NON-COMPLIANCE WITH THE PROVISIONS OF THIS ACT.

  48. PRESUMPTION IN FAVOUR OF MARRIAGES WHEN SOLEMNIZED UNDER THIS ACT.

  49. MARRIAGE IMPOSSIBLE WITHIN THE PROHIBITED DEGREES.

  50. RULES.

  51. ALTERATIONS.

    SCHEDULES.

    SCHEDULE A-NOTICE OF MARRIAGE.

    SCHEDULE B-PUBLIC NOTICE.

    SCHEDULE C-REGISTRAR'S CERTIFICATE.

    SCHEDULE D-NOTICE FOR BANNS.

    SCHEDULE E-FORM OF WORDS TO BE USED IN THE PUBLICATION OF BANNS.

    SCHEDULE F-MARRIAGE OFFICER'S CERTIFICATE.

    SCHEDULE G-FORM FOR MARRIAGE LICENCE.

    SCHEDULE H-FORM FOR DECLARATION OF OBJECTIONS.

    SCHEDULE K-MARRIAGE REGISTER.

    SCHEDULE L-MARRIAGE REGISTER (MARRIAGE in Articulo Mortis).

    SCHEDULE M-CONSENTS REQUIRED TO THE MARRIAGE OF AN INFANT.

    CHAPTER 88.

    MARRIAGE.

    AN ACT RELATING TO MARRIAGE.

    [8th June 1908.] 1. This Act may be cited as The Marriage Act.

  52. In this Act, unless the context otherwise requires'general register office' means the general register office for the keeping of registers of marriages solemnized in the Colony as appointed by this Act;

    'marriage officer' means a marriage officer under this Act;

    'registrar' means a registrar of marriages under this Act.

  53. A marriage hereafter solemnized in the Colony otherwise than under the provisions of this Act shall have no legal effect.

  54. If both the parties to a marriage knowingly and wilfully acquiesce in the solemnization of the marriage ceremony between them(a) by or before a person not being a marriage officer;

    (b) otherwise than in the presence of two witnesses besides the marriage officer solemnizing or witnessing and registering the marriage, the marriage shall be void.

  55. Except as aforesaid, and except as in section 31 of this Act provided with respect to marriages under that section, no marriage otherwise lawful which has H 4 of 1908.

    27' of 1909.

    10 of 1924.

    28 of 1936.

    13 of 1952.

    12 of 1957.

    39 of 1964.

    43 of 1964.

    Short title.

    Interpretation.

    Noncompliance with the Act prevents a marriage from having any legal effect.

    Wilful noncompliance renders the marriage void.

    Effect of nonobservance in other cases.

    Appointment of officers for the purpose of ensuring the registration of marriages and their legality.

    27 of 1909, s. 2.

    been actually solemnized shall be declared void on the ground that any of the conditions by this Act directed to be observed have not been duly observed:

    Provided that nothing in this section shall alter the effect of section 51 of this Act.

  56. -(1) It shall be lawful for the Governor from time to time to appoint, and remove at pleasure, officers to be called registrars of marriages, and also marriage officers who shall be such persons as may be entitled to appointment under the provisions of this Act as marriage officers.

    (2) Unless otherwise ordered by the Governor, magistrates shall in their respective districts be ex officio registrars of marriage. Other persons appointed to be registrars shall act in such district as the Governor may determine.

    (3) Appointments, removals and orders authorised by the Governor, or made under this Act, shall be notified in the Gazette and shall take effect from the date therein named.

  57. Any minister of religion whether acting for one congregation or having the local superintendence of several congregations may apply to the Registrar General to be registered as a marriage officer and upon the publication in the Gazette of such registration shall as long as such registration remains in force be a marriage officer for the purposes of this Act, and for the purpose of construing the provisions of this Act shall be deemed to be appointed under this Act:

    Provided that the Governor may exclude any minister so applying from being registered as a marriage officer and also may remove the name of any minister from the register:

    Provided also that no marriage shall be solemnized except ii the presence of or by a registrar or a marriage officer or a. minister of religion registered under this Act as a marriage officer.

  58. The Registrar General shall be ex officio a marriage officer for the Colony and every registrar shall be ex officio a marriage officer for his district, but they shall not act as such otherwise than subject to the provisions of sections 21 and 24 of this Act.

    Minister of religion may apply to be a marriage officer.

    27 of 1909, s. 2.

    43 of 1964, Third Schd.

    Registrar a marriage officer ex officio.

    13 of 1952, s. 2.

  59. No minister of religion who is a marriage officer shall be required to act as a marriage officer with respect to any marriage which is contrary to the rules of the religious denomination to which he belongs.

  60. A registrar other than a magistrate shall before entering on the duties of his office give security for the due execution of his duties in such sum as the Governor may from time to time require.

  61. --(1) A registrar shall, subject to the approval of the Governor, appoint by writing under his hand a fit person to act as his deputy in case of his illness or absence.

    (2) Such deputy shall hold office during the pleasure of the registrar by whom he is appointed, and shall be removeable from his office by the Governor and such deputy while so acting shall have all the powers and duties and be subject to all the penalties herein declared concerning registrars.

    (3) In the event of the incapacity or absence of any such deputy the Registrar General shall, subject to the approval of the Governor, appoint a fit person to act as registrar until the registrar resumes the duties of his office, or until a new appointment to the office of registrar is duly made.

    (4) In case a registrar dies, or otherwise ceases to hold his office, his deputy shall act as registrar in his place until the appointment of another registrar is made and notified by the Governor.

  62. It shall be lawful for any marriage officer other than a magistrate to resign his appointment as such. Any such resignation shall be notified in the Gazette, and shall take effect from the date of publication.

  63. Every marriage officer who owes his appointment to the fact of his being a minister of religion acting for a congregation, or having the local superintendence of several congregations, shall, if he ceases to act or to have such superintendence, ipso facto vacate his appointment as marriage officer, and shall notify the Registrar General that he has ceased to act or to have such superintendence as aforesaid:

    Safeguard for conscientious objections.

    Registrars to give security.

    Power enabling registrar to appoint a deputy.

    Marriage officers at liberty to resign.

    Marriage officers cease to be qualified when ceasing to act for a congregation.

    27 of 1909, s. 2.

    Provided that nothing in this section shall be regarded as applying to a marriage officer intending to be absent temporarily as mentioned in section 14 of this Act and who has duly notified to the Registrar General his intention to cease temporarily to act for or have local superintendence over a congregation.

    Except when 14.-(1) Any marriage officer intending to cease only temporarily temporarily from acting for a congregation or from absent. having local superintendence of any one or more congregations shall notify the Registrar General of such intention, and shall make such arrangements for the custody of all marriage register books supplied to him as shall be satisfactory to the Registrar General.

    (2) Any marriage officer ceasing to act for or have local superintendence over a congregation...

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