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(Assented to 28th March 1891.)
An Act to consolidate the Acts relating to
enacted by the Governor, Council, and Assembly of this Island and by the authority of the same as follows:
1. This Act may be cited as "The Marriage Act, 1891."
Publication of banns &c.
2. It shall be lawful for any Minister of the Christian religion ordained or other wise set apart to the ministry of the Christian religion, according to the usage of the persuasion to which he may belong, publish within this Island, 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 Sunday, in the face of the con- be done. gregation, before whom such Minister shall officiate in the Parish of which both or one of the parties to be married shall dwell; and shall contain the Christian and other Hame 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; and if the parties to be
Banns of mar.
riage may be published by any Christian Minis er
When and how to
married shall dwell in different parishes, the banns shall be published in like manner in both such parishes, and if the said parties shall be of different persuasions, 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; 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 to which one of the parties shall belong, it shall 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 are 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 : Provided that whenever the form and ceremony used shall be other than that of the Anglican Church in this Island each of the parties shall in some part
of the ceremony make the following declarations :
"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
Declaration to be made by the par
"I call upon these persons here present to ties. "witness that I, A. B., do take thee, C. D., "to be my lawful wedded wife (or husband.)" And provided also, that there be no lawful impediment to the marriage of such parties.
3. No Minister shal! be obliged to publish Notice to the banns between any person whomsoever, unless Minister before the persons to be married shall two days at publication of the least before the time required for the first hanns. 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 as aforesaid, and of the time during which they have dwelt in such parish or parishes and it shall not be lawful for any Minister to sclemnize any marriage solemnised within after three calendar months from the last three months from publication of banns of such marriage; and last publication of in all cases where three 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 banns anew in manner and form aforesaid, as if no banns had ever been published between them.
Marriage to be
4. No such Minister as aforesaid, who If such parties be shall solemnize any marriage after due pub- under age, Minislication of bauns as aforesaid, between per- ters not liable to
penalty unless the sons both or one of whom (not being amarriage forbidden widow or widower) shall at the time of such marriage be under legal age, shall be answerable, or responsible, or liable to any pain, penalty, or proceeding for having solemnized such marriage without the consent of the parents or guardians, or other persons (if any) whose consent is required by law, unless such parents or guardians, or other person, or one of them, shall forbid the marriage, If forbidden, and and give notice thereof to such Minister notice given, the marriage void.
before he has solemnised 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.
Licenses for mar5. Where by any law now in force, or riage to extend to which may hereafter be in force in this cases herein men- Island, licenses for marriage without the tioned.
publication of banns may be granted or issued by the Governor or any civil authority herein, it shall be lawful for the parties intending marriage, or either of them to require that such license shall authorize the solemnization of the marriage, in respect of which, such license is applied for in any place where, and by any minister by whom such marriage could have been solemnized by virtue of this Act, it banns thereof had been published as aforesaid.
When consent of 6. In case any parent or guardian whose the Chief Judge may consent is necessary to a marriage, shall be be obtained in loco non compos mentis, or absent from the Coloparentis, &c. ny, or otherwise incapable of consenting, or shal unreasonably or from improper motives withhold his, her, or their consent to any marriage; or in case there shall be no person 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 judge of this Island 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 judge shall judicially declare by his order, in writing, that such marriage is proper, and may be solemnized forthwithand 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.
7. After the solemnisation of any mar
the written banns
riage under or by virtue of this Act, it shall On a question of not be necessary, in support of such mar- marriage, proof of riage, or in any action, suit, or proceeding, not required, and where the same may come into question, to evidence to the give any proof of the actual dwelling of the contrary not to be parties married, or of either of them before received. the inarriage, 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.
8. In no case whatsoever shall any suit or
proceeding be had in any Court or before compel the celebraany jurisdiction whatsoever, to compel the tion of marriage celebration of any marriage, by reason of not permitted. any promise or marriage contract entered into, or by reason of seduction, or of any cause whatsoever, any law or usage to the contrary notwithstanding: provided always, that nothing herein contained shall