Births, deaths and marriages registration amendment (1849) (WA)

WESTERN AUSTRA LIA.

ANNO DUODECIMO

VICTORIA, BEGINS

No. XIII.

An Ordinance to amend an Ordinance inti- tuled " An Act to provide for the Regis- tration of Births, Deaths and Marriages, in the Colony of Western Australia.

HEREAS it is expedient to amend the law relating to the Preamble.

Wregistration of marriages : Be it therefore enacted, by His

Excellency the Governor of Western Australia and its Dependencies,

by

12th Viet. No. 13. 1849.

4th and 5th Viet. No. 9 by and with the advice and consent of the Legislative Council

repealed, save as to mar- thereof, that so much of an Ordinance passed in• the fourth and fifth ringes la Registrar's

cifice. years of the Reign of Her present Majesty, intituled "an Act to pro- vide for the Registration of Biiths, Deaths and Marriages, in the colony of Western Australia," as relates to the Registration of Mar- riages, shall, save and except as to all registrations, matters and things already done under the said Ordinance, and save and except as to marriages solemnized in a Registrar's office. be and the same is hereby repealed.

Certificate in duplicate. II. AND be it enacted that any Minister of the Church of

England by whom any marriage shall be solemnized after the passing

of this Ordinance, shall immediately upon the solemnization thereof

certify such marriage by a writing under his hand according to the

form hereunto annexed and marked with the letter A; and such

certificate in duplicate shall be also signed forthwith by the parties

entering into such marriage and by the witnesses to the same, accord-

07,0 to party, one to .ng One to the said form and the minister shall deliver one duplicate of such certificate to the persons married, or to one of them, and shall ,

transmit the other duplicate of such certificate to the Registrar

of Births, Deaths, and Marriages of the district.

Certificate to be trans- M. AND be it enacted, that as often as any such duplicate

enbed by Registrar. certficates of marriage are transmitted to any Registrar of a district,

the same shall be by such Registrar carefully transcribed into his

register book, and shall be subsequently by him transmitted to thea

Registrar General, who shall also transcribe the same in like

manner as he is directed by the said recited Ordinance to transcribe

the registers of marriage therein referred to.

Penalty for neglect to IV. AND be it enacted, that every minister who is hereby re-

transmit or deliver Cer-

tificate.

quired to transmit a duplicate of the certificate of marriage as afore- said to the Registrar of the district, and shall neglect to do so within

one calendar month after the solemnization or performance of any

such ceremony, or who being duly required to deliver any such certificate, shall refuse or neglect so to do, shall be liable for every such offence to forfeit and pay a sum not exceeding fifty pounds.

Registrar's Fee, bow re-

V. AND be it enacted, that every District Registrar shall be

said of any certificate of marriage the like fee as he is entitled to

demand

ceverable.

entitled to demand and receive for every such transcription as afore-

1849.             12th Viet. No. 13.

demand and receive in and by the said Ordinance for the registration of any marriage ; and in case of neglect or refusal to pay the same, then to sue for and recover the amount in a summary way before any two Justices of the Peace in like manner as wages are recoverable by an Ordinance passed in the sixth year of the Reign of Her present Majesty, intituled "an Act to provide a summary remedy in certain cases of breach of contract."

AND be it enacted, that all penalties and forfeitures imposed by this Ordinance shall be recovered and applied in the manner di- u" °I I'd"	rtec ove r y, and p	p propria.
'
rected by an Ordinance passed in the tenth year of the Reign of Her present Majesty, intituled "an Ordinance to repeal the existing laws respecting the solemnization of matrimony, and to make other regu- lations respecting the same ;"—Provided that no such penalty or forfeiture shall be sued for after the expiration of two years after the day on which the same shall be alleged to have been incurred.

VI.

VII. A-ND be it enacted, that all marriages solemnized in the nanages in Registrar's .r a

Registrar's office shall continue to be registered in the manner direc- °thee. ted by the said first above recited Ordinance.

CHARLES FITZGERALD,

GOVERNOR AND COMMANDER-IN-CHIEF

Passed the Council

gili May, 1849. 3

THOMAS N. YULE,

Acting Clerk of the Council.

SCHEDULE

12th Viet. No. 13. 1849.

SCHEDULE REFERRED TO.

SMOOtlillni■

A

Form of Certificate.

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Married in the

according to the rites and ceremonies of the Church of England by me

Signed , Minister.

This Marriage	A. B.
was solemnized
between us	C. D.

In the presence

of us 3

Printed by authority of the Government, by E. Stirling, Perth.