Ord. 2-1839. 25. And be it enacted that this Ordinance shall be deemed and taken to be a public Ordinance and shall be judicially taken notice Public ordinance. of by all Judges, Magistrates, and others without being specially pleaded. MARRIAGE ORDER IN COUNCIL IN FORCE IN THIS COLONY FROM At the Court at Windsor, the 7th Day of September, 1838. WHEREAS since the abolition of slavery throughout the British colonies, plantations, and possessions abroad the marriage laws of the said colonies, plantations, and possessions have been found inappropriate to the altered condition thereof and inadequate to the increased desire for lawful matrimony therein: And whereas it is expedient and necessary to amend the said marriage laws and to adapt the same to the altered state and condition of society in the said colonies, plantations and possessions : of, before marriages. 2. It is therefore hereby ordered by the Queen's Most Excellent Banns, publication Majesty, by and with the advice of her Privy Council, that from and after the taking effect of this Order it shall be lawful for any minister of the Christian religion, ordained or otherwise get apart to the ministry of the Christian religion, according to the usage of the persuasion to which he may belong, to publish within. the colonies of British Guiana, Trinidad, St. Lucia, the Cape of Good Hope, and Mauritius, or any of them, banns of marriage between persons desirous of being joined together in matrimony, and such publication shall be made in an audible manner some time during public divine service on a Sunday in the face of the congregation before whom such minister shall officiate in the parish in which both or one of the parties to be married shall dwell, and shall contain the Christian and other name and surname and place of abode of each of the said parties, and shall be so published by some such minister for three Sundays preceding the solemnization of the marriage during the morning service if there be service in the morning, or if there shall be no morning service then during the evening service. 3. And if the parties to be married shall dwell in different Publication of banns parishes the banns shall be published in like manner in both such in different parishes parishes; and if the said parties shall be of different persuasions 'See Order in Council 20th Feb., 1839; 3rd April, 1840; Ord. 4, 1848; Acts 12, 1856; 16, 1860; 9, 1882; 13, 1857; 21, 1875; 40, 1892. and churches 7th Sept., 1838. Order in Council, the banns shall be published in like manner before each of the congregations to which the said parties may respectively belong, whether both the said congregations shall assemble in the same parish or not. Publication banns in extra-parochial places. of 4. And where one or both of the parties shall dwell in any extraparochial place, then if there be a congregation of the persuasion to which any such party shall belong assembling for public divine worship as aforesaid in such extra-parochial place the banns of the party or parties dwelling in such extra-parochial place shall be published in manner aforesaid in such extra-parochial place. of 5. And if there shall be no such congregation in such extrachial places, con- parochial place then the banns of such of the parties to be married as shall dwell in such extra-parochial place shall be published in manner aforesaid in some parish next adjoining to such extraparochial place. Tublication banns in extra-pare tinued. clamation. Certificate of pro- 6. And in cases where the banns shall have been published in different places the officiating minister at either of the said places shall on the request of both or either of the parties whose banns shall have been published as aforesaid give to the party requiring the same a certificate of the banns having been duly published in the place of which he is an officiating minister, and on the production of such certificate to the officiating minister of the other place where the banns were published or of such certificates to any other such minister as aforesaid in the parish or extraCelebration of mar- parochial place to which one of the parties shall belong it shall riage. Declaration by par ties. be lawful for such minister where the banns were published on receiving such certificate from such other minister where the banns were published, or for such minister as aforesaid to whom the certificates of such ministers of both places where the banns were published [shall be produced] on receipt of such certificate or certificates (as the case may be) to solemnize matrimony between the said parties according to such form and ceremony as shall be in use or be adopted by the persuasion to which the minister solemnizing such marriage shall belong. 7. Provided that whenever the form and ceremony used shall be other than that of the United Church of England and Ireland (1) each of the parties shall in some part of the ceremony make the following declaration : "I do solemnly declare that I know not of any lawful impediment why I, A.B., may not be joined in matrimony to C.D., here present." And each of the parties shall say to the other: "I call upon these persons here present to witness that I, A.B., do take C.D. to be my lawful wedded wife (or husband)." 8. And it is hereby further ordered that no minister shall be and abode of parties. obliged to publish banns between any person whomsoever unless Notice of namnes 1 See Order in Council, April 3. 1810. 7th Sept., 1838. the persons to be married shall two days at least before the time Order in Council, required for the first publication of such banns respectively deliver or cause to be delivered to such minister a notice of their true Christian and other names and surnames, and a description of their place or respective places of abode in such parish or extra-parochial place as aforesaid, and of the time during which they have dwelt in such place or places. of be three months 9. And that it shail not be lawful for any minister to solemnize Marriage to any marriage after three calendar months from the last publica-publication tion of banns of such marriage; and in all cases where three banns. calendar months shall have elapsed without the marriage having been solemnized, the publication of such banns shall be void; and before the said parties can be married by banns it shall be necessary to republish the banns anew in manner and form aforesaid as if no banns had ever been published between them. of 10. And be it further enacted that no such minister as aforesaid Murriage of minors, who shall solemnize any marriage after due publication of banns as aforesaid between persons both or one of whom (not being a widow or widower) shall at the time of such marriage be under legal age, shall be answerable or responsible or liable to any pains penalty, or proceeding for having solemnized such marriage without the consent of the parents or guardians or other person (if any) whose consent is required by law, unless such parents or guardian, or other person or one of them shall forbid the marriage, and give notice thereof to such minister before he has solemnized the same; and in case such marriage shall be forbidden as aforesaid and such notice shall be given as aforesaid the publication of the banns for such marriage shall be absolutely void. 11. And it is hereby further ordered that where by any law in Special licences. force or which may hereafter be in force in any of the Colonies to which this order applies by which licences (1) for marriage without the publication of banns may be granted or issued in any such Colony by the Governor thereof or any other civil authority therein, it shall be lawful for the parties intending marriage or either of them to require that such licence shall authorise the solemnization of the marriage in respect of which such licence is applied for in any place where and by any minister by whom such marriage could have been solemnized by virtue of this Act if banns thereof had been published as aforesaid. 12. (2) And whereas it may happen that in some of the Colonies Marriage officers, to which this order applies or in some parts thereof respectively appointment of. there may not be any such minister as aforesaid or not a sufficient number of such ministers to afford convenient facilities for marriage, and it is expedient to provide for such cases, it is therefore further ordered that in every such case and whenever the same shall happen in any of the said Colonies it shall be lawful for the As to Special Licences see Act 9, 1882. 7th Sept., 1838. Order in Council, Governor of such Colony to appoint by writing under his hand and official seal one or more such fit and proper person or persons as he shall from time to time deem necessary or expedient, to be called the marriage officer, to solemnize marriages within such part or parts of the Colony in which such appointment shall be mape as the Governor shall from time to time direct; and it shall be lawful for the Governor at any time and from time to time to revoke and cancel any such appointment or appointments, and to alter, vary, enlarge, or contract the district or districts in which any person so appointed shall have power or jurisdiction to celebrate marriage for any cause which to him shall seem meet; and every such appointment shall specify the part or district within which the person thereby appointed shall have power and jurisdiction to celebrate marriage. Marriage before marriage officer. Marriage of minors before officer. Declaration spouses before offi cer. 13. And until some law shall be made, passed, allowed, and promulgated for regulating marriages by persons so appointed, it shall be lawful for the Governor and he is hereby required to direct, declare, and promulgate the manner by which the intention of parties to marry before any such marriage officer shall be made public. 14. Provided, always, that it shall not be lawful for any such marriage officer to solemnize marriage between persons one or both of whom shall be under lawful age (unless in the case of a widow or widower) after such marriage shall be forbidden, and notice thereof given to him by any person having lawful authority to forbid the same. by 15. Provided, always, that in every marriage before any such marriage officer not celebrated according to the form of the United Church of England and Ireland the parties shall in some part of the ceremony respectively make the declarations herein before set forth as in the case of marriage by any such minister as aforesaid. 16. Provided, also, that every such minister as aforesaid may nevertheless publish banns and celebrate marriage under and by virtue of this order in any part or district within which any such marriage officer shall have power or jurisdiction to celebrate marriage as fully as if no such marriage officer had ever been appointed. Marriage officer coordinate with ministers. When consent of parents, &c., cannot sent may be given. 17. And whereas it may happen that the parents or parent, be had, judicial con- guardians or guardian, of one or both of the parties to be married may be non compos mentis or absent from the Colony or otherwise incapable in law or in fact of consenting or may be induced unreasonably and improperly to withhold his, her, or their consent to a proper marriage, or may be dead, it is therefore hereby ordered that in case any such parent or guardian whose consent is necessary to a marriage shall be non compos mentis or absent from the Colony or otherwise incapable as aforesaid of consenting or shall withhold his, her, or their consent to any marriage or in case there shall be no one capable of consenting, it shall be lawful for any person desirous of marriage, to whose marriage such consent is necessary but cannot be given or is withheld, to apply by petition to the chief civil judge or person officiating as such for the time being of the Colony, who is hereby empowered to proceed upon such petition in a summary way; and in case the marriage proposed shall upon examination appear to him to be proper the said chief civil judge or person officiating as such shall judicially declare by his order in writing that such marriage is proper and may be solemnized forthwith; and every marriage duly solemnized in pursuance or under the authority or direction of such order shall be as good, valid and effectual to all intents and purposes whatsoever as if such consent as aforesaid had been duly given thereto. Order in Council, 7th Sept., 1838. Matters not necessary to be proved in duly solemnized. 18. And it is hereby further ordered that after the solemnization of any marriage under or by virtue of this Act it shall not be regard to a marriage necessary in support of such marriage or in any action, suit, or proceeding when the same may come into question, to give any proof of the actual dwelling of the parties married or of either of them before the marriage or that the banns were published or that the marriage was solemnized in the place and by a person where and by whom the same ought to have been published and solemnized respectively, nor shall any evidence be received to prove the contrary. pel marriage. 19. And it is hereby further ordered that in no case whatsoever Actions to shall any suit or suit or proceeding be had in any Court or before any jurisdiction whatsoever to compel the celebration of any marriage by reason of any promise or marriage-contract entered into or by reason of seduction or of any cause whatsoever which shall arise after the taking effect of this order, any law or usage to the contrary notwithstanding. of marriage. com 20. Provided, always, that nothing herein contained shall pre- Damages in default vent any person aggrieved from suing for or recovering damages in any Court or by any proceeding wherein and whereby damages may be lawfully recovered for breach of promise of marriage or for seduction or other cause as aforesaid. 21. And in order to preserve evidence of marriages and to make Hours for marriage. the proof thereof certain and easy and for the direction of such ministers and marriage officers as aforesaid in the registration thereof, it is hereby further ordered that from and after the passing and taking effect of this order all marriages (except marriages by special licence to marry at any time and place where such special licences can be lawfully granted) shall be solemnized with open doors between the hours of eight in the forenoon and four in the afternoon, in the presence of two or more credible witnesses beside the minister or marriage officer who shall solemnize the that immediately after the solemnization of every marriage an entry thereof shall be made in a marriage-register book to be kept for that purpose by some such minister or marriage officer as same; and Register of marriages. |