Marriage (1849) (WA)

WESTERN AUSTRALIA.

ANNO DUODECIMO

VICTORIA. REGINA:.

No. XL

An Ordinance to provide for the Solemn- ization and Registration of Marriages of persons belonging to certain Denomi-

nations of Christians, not being Members PreArable•

of the Church of England.

HEREAS it is expedient to make special provision for the

W solemnization and registration of marriages by ministers

of

12th Viet. No. 11. 1849.

of the Roman Catholic Church, and of the Presbyterian Church of Scotland, and of the Wesleyan Methodist Society, and of the Con- gregational or Independent and Baptist denominations in this colony; Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, that from and after the date of the passing of this Ordinance all marriages between persons, both or one of such persons being members or a member of or holding com- munion with any of the aforsaid denominations, and making a decla- ration to the effect hereinafter mentioned, which marriages shall be had and solemnized within this colony by a Priest or Minister of the Boman Catholic Church, duly empowered by his Superior, or by an Ordained Minister of the Presbyterian Church of Scotland, or by an Ordained Minister of the Wesleyan Methodist Society duly appointed by the British Conference of the Wesleyan Methodists, or by an ordained or officiating minister of the Congregational or Independ- ent Denomination, or by an ordained or officiating minister of the Baptist Denomination, shall be adjudged, esteemed and taken to be of die same force and effect as if such marriages had been solemnized

Parties to sign the deela- by clergymen of the Chuach of England, according to the rites and ration contained in tidied. ceremonies of the Church of England ;—Provided always, that fromule.

and after the passing of this Ordinance no such marriages as afore- said shall be had and solemnized until both or one of such persons, as the case may be, shall have signed a declaration in writing in du- plicate, stating that they, or he or she, as the case may be, are or is members or a member of, or hold communion with the Roman Ca- tholic Church, or Presbyterian Church of Scotland, or the Wesleyan Methodist Society, or the Congregational or Independent or Baptist Denominations respectively, according to the form hereunto annexed anti marked with the letter A.

Certificate in duplicate. IL AND be it enacted, that the minister or priest by whom any such marriage as aforesaid shall be solemnized, shall immediately upon the solemnization thereof, certify such marriage by a writing under his hand in duplicate, subjoined to or endorsed upon the de- claration in duplicate hereinbefore mentioned, specifying in such certificate the names and descriptions of the parties between whom and of the witnesses in whose presence the said marriage has been had and solemnized, and the time and place of the celebration of the same, according to the form hereunto annexed and marked with the letter B; and such certificate in duplicate shall be also signed forth- with by the parties entering into such marriage and by the witnesses

to

1849.              12th Viet. No. 11.

to the same, according to the said last mentioned form, and the one copy to party, mete

minister or priest officiating shall deliver one duplicate of such Registrar,

declaration and certificate to the persons married, or co one of them,

and shall transmit the other duplicate of such declaration and

certificate to the Registrar of Births, Deaths, and Marriages of the

district.

III.     AND be it enacted, that as often as any such duplicate Duplicate Certilkato to

certficates of marriage are transmitted to any Registrar of a distict, he	t	ar	transcribed by	Regis.
the same shall be by such Registrar carefully transcribed into his register book, and shall be sukequently by him transmitted to the Registrar General, who shall also transcribe the same in like manner as he is directed by the Ordinance to provide for the registration of births, deaths and marriages in the colony of Western Australia to transcribe the registers of marriage therein referred to.

IV. AND be it enacted, that every minister or priest who is tpoennD lty lf oor inoot toroarmit-

hereby required to transmit a duplicate of the declaration and cer- tifiatteec or inneglecitccor; tificate of marriage as aforesaid to the Registrar of the district, and rutsil to ad.= can-

shall neglect to do so within one calendar month after the solemni- fca	e.
zation 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.

V.     AND whereas in respect to the said Congregational or I n d e- ritis taerres t:lot:t

pendent and Baptist Denomination, there is not in the said colony or Baptist Denomination. be a minister of the Independent and Baptist Denominations shall be allowed to celebrate marriages under this Ordinance, unless his name and the name and description of the Church or Chapel of which he professes to be the minister be rigistered in the office of the Registrar of Births, Deaths and Marriages of this colony, together with a declaration signed by the trustees of such Church -or Chapel,

any established form of Church Government nor any Ecclesiastical

authority to which in case of doubt reference can be made as to the

right of any individual to assume the character of a minister of

either of the said Denominations; and whereas it is necessary to

provide the means of ascertaining what person shall for the purposes

of this Ordinance be considered ministers of such Independent and

or

12th Viet. No. 11. 1849.

or if there be no trustees by the deacons Of the same, 'to the effect that the person whose name shall be so registered is the ordained and officiating minister of -such Church or Chapel, arid that such minister is not engaged in any secular pursuit except the education of youth, and further that the Church or Chapel is not used for any purpose but for the worship of God or the education of youth.

Death or Dearture, Sce.,of such Minister to be name shall have been so registered as aforesaid shall - die or depart VI. AND be it enacted, that whenever any minister *hose

registered. from this colony, or cease to be minister of such registered Church

or Chapel as aforesaid, the fact of such death, departure, or cessation of ministry shall within ninety days thereafter be registered in like manner by the said trustees or deacons, in the registry office afore- said, or in default thereof such trustees, or such deacons, if there be no such trustees, shall on conviction before any two or more Justices of the Peace forfeit and pay a penalty or sum not exceeding ten pounds.

AND be it enacted, that if from and after the-pascinof minister, whose name shall not have been so registered as aforesaid, or if any person whose name shall have been so registered, but who subsequently shall have ceased to be a minister of the Church or Chapel for which he shall have been registered, shall celebrate any marriage within the limits of the said colony, such person shall on conviction before any two or more Justices of the Peace forfeit and pay for every such offence a penalty or sum not exceeding twenty pounds. the-passing-of

Penalty for unregistered VII.

inister, celebrating this Ordinance any person professing to be an Independent or Baptist

Marriage.

VIII.     AND be it enacted, that every district Registrar shall be

Begistrar's Yee, how re- •

coverable. entitled to demand and receive for every such transcription as

aforesaid of any certificate of marriage the like fee as he is entitled to 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 fur 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 Majest y , intituled " an Act to provide a summary remedy in certain cases - of breach of con-

tract."

IX

1849.            12th Viet. No. 11.

IX.     AND be it enacted, that the ninth, tenth, and twenty- 9th, lath, & 29th sections

ninth sections of an Ordinance passed in the tenth year of the of lath 'Viet. NO. /8 to

reign of her present Majestiy, intituled " an Ordinance to repeal an

the existing laws respecting the solemnization of matrimony and to make other regulations respecting the same ," shall, with ex-

ception of the reference in the said ninth section to a

Registrar's certificate) be deemed to apply to all marriages solem- nized or performed under the authority of this Ordinance, in like manner as if the said sections had been herein set forth at length and incorporated herewith.

X. AND be it enacted, that all penalties and forfeitures imposed n 1?ec overy and aPPr°Pria'

by this Ordinance shall be recovered and applied in the	n	of Penalues.
manner directed- 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 solomnization of matrimony, and to make other regulations 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.

AND be it enacted, that whenever the word Registrar Meaning " the word

occurs in this Ordinance, it shall be deemed and taken to mean the Registrar. XI.

Registrar of Births, Deaths and Marriages.

CHARLES FITZGERALD,

GOVERNOR AND COMMANDER-IN-CHIEF

Passed the Council

9th May, 1849. 3

THOMAS N. YULE,

Acting Clerk of the Council.

SCHEDULES

12th Viet, No. 11. 1849.

SCHEDULES REFERRED TO.

A

Form of Declaration.

I, A. B. (or we, as the case may require), do hereby declare that I

am (or we are) a Member (or Members) of, or hold communion with

the Roman Catholic Church (of other Church or Denomination, as the case may be), and that I believe that there is not any impedi- ment of kindred or alliance or other lawful hindrance to my intended Marriage; and that I, A. B. (or C. D., as the case may be) have (or has) had my (or his or her) usual place of abode for the space of Fifteen Days last past within the District of And further [if the case require it] that I, A. B. (or C. D.) not being a Widower (or Widow), am (or is) under the age of Twenty-one Years, and that the consent of G. H., whose consent to my (or his or her) Marriage is required be law, has been obtained thereto [or that there has been a judicial approval thereof.]

1849.              12th Vict. No. 11.

B.

Form of Certificate.

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Married in the

according to the rites and ceremonies of the Roman Catholic Church

(or other Church or Denomination, as the case may by,) by me

Signed-Priest or Minister.

This Marriage

A. B.

was solemnized

between us

C. D.

In the presence}

of us

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