Marriage (1847) (WA)
WESTERN AUSTRALIA.
AN NO DECIMO
VICTORIA, REGINA..
No. XVIII.
An Ordinance to repeal the existing Laws respecting the Solemnization of Matrimo- ny ; and to make other regulations re- specting the same.
HEREAS an Act was passed in the fourth and fifth years of Preamble.
Wthe reign of Her present Majesty, entitled "an Act to re-
gulate the solemnization of Matrimony in the colony of Western
| 10th Viet. No. 18. | 1847. |
Australia:" and whereas it is expedient to repeal the same, and to
make other regulations in lieu thereof ;—Be it therefore enacted, by his His Excellency the Governor of Western Australia and its De- pendencies, by and with the advice and consent of he Legislative Council thereof, that the said Act shall be and th same is hereby
4th & 5th Viet. No.10 re- repealed, save and except so far as relates to any act, matter,
pealed. or thing heretofore done under the provisions of the said Act, or
to any penalty or forfeiture which shall have been incurred under
the said Act.
| Alteration of titles. | II. AND be it enacted, that the word Registrar and Registrar- General shall throughout this Ordinanc be deemed and taken to mean the Registrar and Registrar-General respectively of Births, Deaths, and Marriages. |
| Exception of marriages |
AND be it enacted, that notwithstanding any thing in this Ordinance contained, marriage may be solemnized by persons in holy orders of the Church of England according to the rites and ru- bric of that Church ;—Provided always that the Registrar's certificate
| according to the Church | III. |
of England.
| Proviso, certificate may be | if tendered shall be used and stand instead of publication of |
| used for banns, and pre- | |
| sence of Registrar re- | banns; and that marriages may be solemnized in any place employed |
| quired. | for public devotion according to the forms of the Church of England ; Provided also, that every such marriage be solemnized in the pre- sence of a Registrar or his Deputy, and- of two Witnesses. |
| License may be issued by |
AND be it enacted, that licenses or dispensations for marriages according to the rights of the church of England without banns, may be issned by any person having episcopal authority or the jurisdiction of Ordinary within this colony, or in the absence of of such jurisdiction or authority, by the Governor or any other per- son appointed for that purpose under the hand of the Governor, and of whose appointment notice shall be given in the Goverment Gazette ; and for every such licence it shall be lawful to demand and receive the sum of two pounds, to be appropriated in like manner as fees for the like license in England; Provided always, that before any such license shall be issued, the like declaration shall be made and subscribed be-
| Ordinary, or Governor, | IV. |
or person authorised.
| Proviso, dedlaration re- | fore the person issuing the same as is hereinafter required in the case |
| quired. | of a registrar's license; and that in all proceedings at law or otherwise having relation to any marriage under any such license, proof of any such marriage shall be deemed proof of such declaration having been |
| made, unless evidence of the-contrary be adduced. |
1847. 10th Viet. No. 18.
V. AND be it enacted, that in every case of marriage to be so- Notice necessary, unless
| lemnized in this colony after the passing of this Ordinance (unless | for | by license or |
| ban | ||
| banns' | ||
| by such license as aforesaid, or by a Registrar's license, or after pub- lication of banns by a Minister of the Church of England, or in pursuance of some proceeding heretofore taken under the provisions of the said Act hereby repealed) one of the parties shall give notice under his or her hand, in the form of schedule A to this Ordinance annexed, or to the like effect, to the Registrar of the district within which the parties shall have dwelt for not less than seven days then next preceding, or, if the parties dwell in the districts of different Registrars, shall give the like notice to the Registrar of each district ; provided that if either party shall have dwelt in the place stated in the notice during more than one calendar month, it may be stated therein that he or she hath dwelt there one month and -upwards. |
| VI. | AND be it enacted, that the Registrar. shall file all such Notice to be filed, and | copy suspen ded in office |
| notices and keep them with the records of his office, and shall also r 21 days. | fo |
| forthwith enter a true copy of every such notice fairly im a book to be for that purpose furnished to him at' the public expence by , the Colonial Secretary, to be called the Marriage Notice Book ; and the marriage notice book shall be open at all reasonable times without fee to all persons desirous of inspecting the same; and every such notice, or a true and exact copy thereof under the hand of the Re- gistrar, shall be suspended in some conspicuous place in his office during twenty-one successive days before any marriage shall be solemnized in pursuance of such notice. |
VII. AND be it enacted, that after the expiration of twenty-one After 21 daps from entry
| days from such entry, the Registrar, upon being requested so to do | fterntaofitclo:lobirdeabe issned |
| by or on behalf of the party by whom the notice was given, shall issue under his hand a certificate in the form of schedule B to this Ordinance annexed, or to the like effect, provided that no /awful impediment be shewn to the satisfaction of the Registrar why such certificate should not issue, and provided that the issue of such certifi- cate shall not have been sooner forbidden in manner hereinafter mentioned. |
VIII. AND be it enacted, that any person authorised in that be- certificate may be for-
half may forbid the issue of the Registrar's certificate by writing at an y bidden.
time before the issue thereof the word "forbidden" opposite to the entry of the notice of such intended marriage in the marriage notice book,
| 10th Viet. No. 18. | 1847. |
and by subscribing thereto his or her name, and his or her place of abode, and his or her character in respect of either of the parties, by reason of which he or she is so authorised; and in case the issue of any such certificate shall have been so forbidden, the notice and all proceedings thereon shall be utterly void ; and every person whose consent to a marriage by certificate is hereinafter required, is hereby authorised to forbid the issue of the Registrar's certificate.
| Consent of Parent or IX. AND be enacted, that the father, if living, of any party under | Guardian. |
twenty-one years of age (such party not being a widower or widow), or, if the father shall be dead, the guardian (-7 guardians of the per- son of the party so under age lawfully appoi . Aed, or one of them, and in case there shall be no such guardian then the mother, if unmarried, of such party, shall have authority to give consent to the marriage of such party ; and such consent is hereby required for the marriage of such party so under age, whether by license, by whomsoever is- sued, or by certificate.
Court may give officialIn certain cases, Civil X AND be it enacted, that the father or mother, guardian or consent. guardians of any party desirous to be married and under age as
aforesaid, shall be "non compos mantis," or shall be absent from the colony, or if any such guardian or guardians shall from undue mo- tive refuse his, her, or their consent to a proper marriage, it shall be lawful for such party so desirous of being married to apply by petition to the Civil Court of this colony, which is hereby empowered to pro- ceed upon such petition in a summary way, and in case the marriage proposed shall upon examination appear to be proper, the said Court shall judicially declare the same to be so ; and such judicial declara- tion shall be deemed to be as good and effectual to all intents and purposes as if the guardian or guardians of the person so petitioning had consented to such marriage.
Registrar may grant li- XI. AND be it enacted, that every Registrar shall have authority
| acegnesIns.:Int | ur nen |
| 1r itoffurEning7arrnid to grant licenses for marriage in any place of worship (save as here- | |
| building. | inatter excepted) or other public building within his district, or in |
his office, in the form of schedule C to this Ordinance annexed; to grant any license for any marriage according to the rites of the Church of England, or for any marriage to be solemnized in any building usually employed for public devotion according to such rites.
1847. 10th Viet. No. 18.
XII. AND be it enacted, that before any license or certificate Declaration.
for marriage shall be granted by any such Registrar, one of the par- ties intending marriage shall appear personally before such Registrar, and in case the notice of such intended marriage shall not have been given to such Registrar, shall deliver to him the certificate of the Registrar or Registrars to whom such notice shall have been given, and such party shall make and subscribe a Solemn affirmation or declaration that he or she believeth that there is not any impe- diment of kindred or alliance, or other lawful hindrance to the said marriage, and that one of the said parties bath for the space of fifteen days immediately before the day of the grant of such license bad his or her usual place of abode within the district within which such marriage is to be solemnized, and where either of the parties, not being a widower or widow, shall be under the age of twenty- one years, that the consent of the person or persons, whose consent to such -marriage is required by law, has been obtained thereto, or in lieu thereof a judicial approval as Lereinbefore provided.
XIII. AND be it enacted, that any person may enter a caveat Caveat.
with the Registrar against the grant of a license or certificate for the marriage of any person named therein • and if any caveat be So entered and be duly signed by or on behalf of Le person entering the same; to- gether with his or her place of residence, and the ground of objection, on which such caveat is founded, no license or certificate shall be gran
ed until the Registrar•hall have examined into the matter of the caveat, and is satisfied that it ought not to obstruct the grant of a license or certificate for the said marriage, or until the caveat be withdrawn by the party who entered the same ; provided that in cases of doubt it shall be lawful for the Registrar to refer the matter of any such caveat to the Registrar-General, who shall decide upon the sane; provided likewise, that in case of the Registrar refusing the grant of the license or certificate, the person applying for the same shall have the right of appeal to the Registrar-General, who shall there- upon either confirm the refusal or direct the grant of the license or certificate.
XIV. AND be it enacted, that no marriage after such notice as Marriage not to be ee-
| aforesaid, unless by virtue of a license, shall be solemnized or re cs- | l:cork:oleic/tall 21 days |
| tered until after the expiration of twenty-one days after the day of the entry of such notice as aforesaid. |
| 10th Viet. No. 18. | 1847, |
License and certificate XV. AND be it enacted, that whenever a marriage shall not he to be void after 3 months. had within three calendar months after the date of a Registrar's
licence issued therfor, or within three calendar months after the no- tice shall have been so entered as aforesaid, such license, and such notice and any certificate granted thereupon, shall be utterly void ; and no person shall proceed to solemnize the marriage, nor shall any Registrar register the same, until a new license shall have been issued, or a new notice given and certificate granted in man-.
ner aforesaid.
| Certificate to be exhib- | XVI. AND be it enacted, that the Registrar's certificate, or in |
ited to Minister, and deli- case the parties shall have given notice to the Registrars of different
vexed to Registrar.
districts, the certificate of each Registrar, shall be exhibited to the officiating Minister, and shall be delivered to the Registrar present at the marriage.
| solemnization of mar- XVII. AND be it enacted, tAat immediately after the issue of a | btae. Registrar's license, or after the expiration of the said period of |
twenty-one days, if the marriage is to be by certificate, marriages may be solemnized in the Church, Registrar's office, or other public building stated in the Registrar's license or notice of such marriage between and by the parties described in the license, or notice and certificate according to such form Or ceremony as they may see fit to adopt; Provided that every such marriage shall be solemnized with open doors, between the hours of eight in the forenoon and four in the afternoon, in the presence of the Registrar of the district within which such Church, office, or other building is situate, or of his de- puty, and of two or more credible witnesses ;— Provided also that in some part of the ceremony, and in the presence of such Registrar, or his deputy, and of such witnesses, each of the parties shall declare.—
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.—
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 thee, C. D., to be my lawful wedded wife (or husband)—
Provided also, that there be no lawful impediment to the marriage
of such parties.
Proof of consent or resi- XVIII. AND be it enacted, that after any marriage shall have dity of marriage.deuce not requisiteto van- been solemnized, it shall not be necessary in support of such mar-
riage to give any proof of the actual residence of either of the parties
1847. 10th Viet. No. 18.
previous to the marriage within the district wherein such marriage was solemnized for the time required by this Ordinance ;—or of the consent of any person whose consent thereunto is required by law ; nor shall any evidence be given to' prove the contrary in any suit touching the validity of such marriage.
XIX. AND be it enacted, that every marriage under this Ordi- Marriages cognizable.
nance shall be good and cognizable in like manner as marriages before the passing of this Ordinance, according to the rites of the Church of England.
XX. AND be it enacted, that it shall be lawful for the Registrar Registrar may examine
before whom any marriage is solemnized according to the provisions parties'
of this Ordinance, to ask of the parties to be married the several par-
ticulars required to be registered touching such marriage.
XXI. ANI) be it enacted, that all marriages celebrated in this Former marriages deela-
colony before the passing of the said Act hereby repealed, i n what_ red valid. have existed at the time of such marriage.
soever form and place, and by whomsoever the same were solemnized,
shall be as valid to all intents and purposes as if the same had been
solemnized, under the provisions of the said repealed Act, or of this
XXII. AND be it enacted, that every person who shall enter a party entering frivolous
caveat with the Registrar against the grant of any license, or issue of caveat liable to costs and evidence that the Registrar-General has declared such caveat to have been entered on frivolous grounds as aforesaid.
any certificate, on grounds which the Registrar-General shall declare damages.
to be frivolous, and that they ought not to obstruct the grant of the
license, or issue of the certificate, shall be liable for the cost of the
proceedings, and for damages to be recovered in a special action upon
the case by the party against whose marriage such caveat shall have
been entered ; and that a copy of the declaration of the Registrar-
XXIII. AND be it enacted, that every person who shall know- False declaration, &c.,
ingly and wilfully make any false declaration, or sign any false punished as perjury.
notice or certificate required by this Ordinance for the purpose of procuring .any marriage, and every person who shall forbid the
| 10th Viet, No. 18. | 1847. |
issue of any Registrar's certificate by representing himself or herself to be a person whose consent to such marriage is required by law, knowing such representation to be false, shall suffer the penalty of perjury.
nage contrnry to Ordi-Solemnization of Mar- XXIV. AND be it enacted, that if' any person shall knowingly nance to be felony. and wilfully solemnize any marriage (except marriages by license or
banns by a Minister of the Church of England) in any other place than the Church, office or building specified in the notice and cer- tificate, or Registrar's license as aforesaid, or in the absence of a Registrar of the district in which such Church, office or building is situated, or of his deputy, shall be guilty of Felony ; and any person Who shall knowingly and wilfully solemnize any marriage (except marriage by license or banns by Ministers of the Church of England) within twenty-one days after the entry of the notice to the Registrar as aforesaid, or after the expiration of three calendar months after the date of such entry, if the marriage is by certificate, or if the marriage is by a Registrar's license, after the expiration of three calendar months after the date of such license, shall be guilty of Felony.
| Registrar imporperly issu- | t. | r |
| ing certificate | solemn- XXV. AND be it enacted, that every Registrar, who shall know- |
izing marriage guilty of ingly and wilfully issue any certificate for marriage after the expira-
felony,
tion of three calendar months after the notice shall have been entered as aforesaid, or before the expiration of twenty-one clays after the entry of the notice, or any certificate, the issue of which is forbidden as aforesaid by any person authorised to forbid the issue o e ,the Re- gistrar's certificate, or who shall knowingly and wilfully solemnize in his office any marriage herein declared to be null and void, shall be guilty of Felony.
Limitation of prosecutions, XXVI. AND be it enacted, that every prosecution under this
two years. Ordinance shall be commenced within the space of two years after
the offence committed.
Marriage void in certain XXVII. AND be it enacted, that if any persons shall knowingly
cases of illegality. and wilfully intermarry contrary to the provisions of this Ordinance
in any place other than the Church, office or building, specified in the notice and certificate, or Registrar's license as aforesaid, or (such intermarriage not being by license or banns by a Minister of the Church of England) without either certificate or Registrar's license,
1847. 10th Vict. No. 18.
or shall knowingly and wilfully intermarry in any case in the ab- sence of a Registrar, or his deputy, the marriage of such persons shall be null and void.
XXVIII. AND be it enacted, that if any valid marriage shall be In certain cases Advocate
| had between parties, one of whom is a minor under the provisions of Znuerreao | n | l f im | a | t Les:: °Tut; |
this Ordinance by means of any wilfully false notice, certificate, or ding Party.
declaration made by either party to such marriage, as to any matter
to which a notice, certificate, or declaration is herein required, it
shall be lawful for Her Majesty's Advocate-General to sue for a for-.
feiture of all estate and interest in any property accruing to the
offending party by such marriage; and the proceedings thereupon
and consequences thereof shall be the same as are provided in the
like case by the twenty-third, twenty-fourth and twenty-fifth sections
of an Act of Parliament passed in the fourth year of the reign of
His late Majesty King George the Fourth, intituled "an Act for
amending the Laws respecting the solemnization of Marriages in
England."
| other person shall knowingly and wilfully solemnize, or if any riage ofmanors goo. | XXIX. | AND be it enacted, that if any Minister, Registrar, or penalty for illegal Mao. |
witness shall knowingly and wilfully attest, any marriage without consent of parents or guardians, where such consent is hereby re- quired, between parties one or both of whom has not or have not attained the age of twenty-one years, every person so offending shall forfeit and pay for every such offence, such sum, not exceeding five hundred pounds, as any superior Court of Record shall in its discre- tion award in that behalf; and that every such forfeiture shall be recoverable in any such Court at the suit of Her Majesty's Advocate- General by information or action of debt at any time within two years after the offence committed ; and shall be appropriated to the use of Her Majesty, Her Heirs and Successors, for the public uses of this colony.
XXX. AND be it enacted, that every Registrar shall be entitled Registrar's Fees.
to demand and receive for his own use and benefit the several fees
mentioned in Schedule D to this Ordinance annexed.
| 10th Viet, No. 18. | 1817. |
XXXI. AND be it enacted, that this Ordinance shall corn-. mence and take effect on the first dayof November next.
FREDERICK CHIDLEY
GOVERNOR AND COMMANDER-IN-CHIEF.
Passed the Council
| 9th Nov., 1847. | j |
WALKINSHAW COWAN,
Clerk of the Councils.
1847. 10th Viet. No. 18.
SCHEDULES TO WHICH THE 10TH VICT. No. 18 REFERS.
SCHEDULE A.
To the Registrar of the District of
I hereby give you notice that a Marriage is intended to be had within three calendar months from the date hereof between me and the other party herein named and described (that is to say)—
P I la
| 1)=1 | i | `r.' |
| .i* | :-. | . | °6):a |
| 2 | ii | -d | .5, |
| ,Name | Condition. | Rank or | Age. | Dwelling | Length of | 0 | ..d | 17; | a.. |
,Nae.
| Profession. | place. | residence. tg ..2. n | .ca, |
| gii | 5 | .r., |
| - | S | r |
| .= 9. | 1:3 | .., | • |
| EF' | , | ^ cs 0 |
| c.) 0 2 | P pi 010. | ' |
| . •James Smith | Widower | Carpenter. of fun | more than |
| age. | a month. |
| *Martha Green | Spinster | Minor. |
| Witness my hand this | day of | 184 |
| (Signed) | *JAMES SMITH. |
*(The Italics and Blanks in this Schedule to be altered and filled up according to fact.)
| 10th Viet. No. 18. | 1847. |
SCHEDULES TO WHICH THE 10TH VICT. No. 18 REFERS.
SCHEDULE B.
| I | , Registrar of the District of | , do hereby |
ceitify that on the day of , notice was duly entered in the Marriage Notice boa of the said District of a Marriage
intended between the parties therein named and described, delivered under the hand of James Smith, one of the parties (that is to say)----
| (•a | 14 0 |
| 0 ••• | 0,0 0 | |
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| 9 & | . , | .4 | s rge |
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| i e Ts; | 1 r' 5 |
| Name. | Condition. | Rank or | Age. Dwelling | Length of | o -,...ti | g .r- |
| a :a | ii).-- |
| Profession | place. | residence. | lit-- 0 | 0:5 . |
| 11 ''' | — li | |||
| -riEl g | e t". • | |||
| ft..,, o | ".G en. 9. t? | |||
| o0.0 | .thtecor | |||
| -8 V, 2 | At '4: (17:7. |
| ,.lames Smith • | Widower | Carpenter. | of full | more than |
| age. | a month. |
| Martha-Green | -Spinster | Minor. |
| • |
Date of Notice entered The issue of this Certificate has not been
6th August, 1847.
| Date-of Certificate given | forbidden by any person authorised ,to |
| 27th August, 1847. | forbid the issue thereof, |
Witness my hand this twenty-seventh day of August, 1847.
| (Signed) | Registrar. |
This Certcate will be void unless the Marriage is solemnized on or before the sixth day of November, 1847.
*(The Italics and Blanks in this Schedule to be altered and filled up
according to fact,)
1847. 10th, Viet. No. 18.
SCHEDULE C.
.1■4•10.-.1111•4....
| A. , B., Registrar, of | , to ; C. .D. of |
| and B. T., of | , sendeth, greeting |
| Whereas ye are minded, as it is said, , | to enter int.o.a | e |
tract of Marriage under the provisions of an Ordinance passed in the Tenth year , of the reign of Her Majesty Queen.Victoria, intituled "an Ordinance to repeal the existing Law. s , respecting . the Solemni- zation of Matrimony, and to make other regulations respecting the same ;" and are desirous that the same may be speedilyiland,p2tglicly Solemnized ; and whereas you, c D. (or B .E.) have made and sub- scribed a declaration under your hand that you believe:there is no
impediment of kindred or alliance, or other . laufalhindrande to the
said Marriage, and, that . C. D. (or B. F.) have (or."(lzas").,had your (or " his," or "her") usual place of abode for the.spape of Fif- teen days last past within the District of , and . that ,you C (or B. -F.) not. being a 'Widower (or "Witioth")'nre (Or "is) under -the age of Twenty-one years, and that the consent of G. H., whose consent to your (or"his," or "her")Marriage is requsted by law has been obtained thereto (or " that there has been a Judicial approval thereof") ;I do hereby grant unto youfull license by the authority in that behalf given to me by the said Ordinance, to proceed to solem- nize such Marriage in the aforesaid District of ; provided that the said Marriage be publicly solemnized in the pre- sence of the Registrar of the said district and of two Witnesses within three calender months from the date hereof in the (here describe the Building in whcih the Marriage is to be solemnized), between the hours of eight in the forenoon, and four in the afternoon.
| Given under my hand | day of |
| (Signed) | A. B. |
Registrar.
| 10th Viet, No. 18. | 1847. |
SCHEDULE D.
£. s. d.
| For every Declaration and entry thereof | 0 | 2 | 0 |
| For every Notice and entry thereof | 0 -2 0 | |||
| For every Certificate |
| |||
| License | 2 0 0 | |||
| Marriage by Rigistrar at his Office |
| |||
| Attendance at Marriage, if by License |
|
| Do. | if by Certificate or Banns | 0 | 5 | 0 |
Travelling expenses, ls. 6d. per mile for not exceeding six miles, and is. a mile beyond that ; distance reckoned one way only.
| For receiving a Caveat | 0 5 0 |
Printed by authority of the Government, by E. Stirling, Perth.
0
0
0