Clandestine Marriages Act 1836 No 10a (NSW)

No. VI.

Cour t .

An Act to prevent Clandestine Marriages and to

provide for the issuing of Licenses.	[5th
August,	1836.]

W H E R E A S it is expedient and necessary to provide aga ins t t h e

mischiefs and inconveniences tha t may arise from the Clan­

destine Marr iages of Minor s for t h e prevent ion thereof be it	enacted
by H i s Excel lency the Governor of New South W a l e s wi th t h e	advice
of t he Legislat ive Council thereof T h a t no mar r i age shall be	solem­

nized where ei ther of the par t ies no t be ing a widower or widow shal l

be unde r t h e age of twenty-one years w i thou t t he consent of the	father
of such of t he par t ies so unde r age (if then l iving) be ing first had	and

obta ined or if dead of t he gua rd ian or guard ians of the person of t he pa r ty so unde r age lawfully appoin ted or one of t h e m and in case the re shal l be no such gua rd ian t hen of t h e mother (if l iv ing and unmar r i ed ) or if t he re shall be no mothe r l iving and u n m a r r i e d then of a guard ian or guard ians of the person appointed by the Supreme

2. A n d be it enacted That if any person shall from and after t he pass ing and publ ica t ion of th is Act solemnize m a t r i m o n y between any persons one or both of whom shall be u n d e r t he age of twenty- one years wi thou t such consent as aforesaid first had and obtained every person knowing ly and wilfully so offending and be ing lawfully convicted thereof shall be deemed and adjudged to be gui l ty of felony and shall be t r anspor t ed beyond the seas for t he t e r m of seven years Provided tha t all prosecut ions of such felony shall be commenced

wi th in t h e space of t h ree years .

3. A n d be it fur ther enacted Tha t in no case whatsoever shall
any suit or proceedings be had in any Ecclesiast ical Cour t in order to

compel a celebrat ion of any mar r i age in Facie Eeclesiw by reason of

any cont rac t of m a t r i m o n y whatsoever w h e t h e r per verba de p r a s e n t i

or per verba de fu ture any law or usage to t he con t ra ry no twi ths tand ing . 4. A n d be it enacted for avoiding all fraud and collusion in

ob ta in ing licenses for mar r iages in such cases as the publ ica t ion of b a n n s m a y be dispensed wi th T h a t before any such license be g ran ted one of t he par t ies shall personal ly swear before t h e Sur roga te or o ther person hav ing au tho r i t y to g ran t the same t h a t he or she believeth t h a t t he re is no impediment of k indred or al l iance or of any other lawful cause nor any suit commenced in any Ecclesiast ical Cour t to bar or h inde r t he proceeding of t h e said m a t r i m o n y according to t he t enor of t he said license and where ei ther of t h e par t ies no t be ing a widower or widow shall be unde r t he age of twenty-one years t h a t t h e consent of the person or persons whose consent to such mar r i age is r equ i red u n d e r t he provisions of th i s Act has been obta ined the re to Provided always t ha t if the re shall be no such person or persons hav ing au thor i ty to give such consent t h e n upon oa th m a d e to t h a t effect by t h e pa r ty

r equ i r i ng such license it shall be lawful to g r a n t such	license	no twi th ­
s tand ing the want of such consent.

5. A n d in order to preserve t he evidence of mar r iages and to m a k e t h e proof thereof more cer tain and easy a n d for t he direction of Clergymen in t he celebration of mar r iages and regis ter ing thereof Be i t enacted Tha t from and after t he pass ing and publ ica t ion of th is A c t all mar r iages shall be solemnized in t h e presence of two or more credible witnesses besides the Minis te r who shal l celebrate t he same and t h a t immedia te ly after t he celebrat ion of every mar r i age the same shall be certified as in m a n n e r now by law directed.

6. Provided always and be it fur ther enacted Tha t no th ing in

th i s A c t contained shall extend to any marr iages amongs t t he people

bo th the par t ies to any such mar r i age shall be of t he people called called Quake r s or among persons professing the Jewish religion w h e n Quake r s or persons professing the Jewish rel igion respectively.