Marriage (1856) (WA)

WESTER AUSTRALIA.

ANNO DECIMO NONO VICTORIIE REGINJE.

No. X.I.

An Ordinance to amend and consolidate the

Laws affecting the Solemnization of Mar-

riage in the Colony of Western Australia.

HEREAS it is expedient to amend and consolidate the Laws Western Australia :—Be it therefore enacted, by His Excellency W relating to the Solemnization of Marriage in the colony of Preamble.

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 time at which this kOrdinance shall . . Existing Ordinances

come into operation, the Ordinances enumerated in the Schedule „pealed.

hereto, marked A, be, and the same are hereby respectively

repealed, save and except as to marriages had and solemnized, and

things lawfully done, by virtue of any such Ordinances, prior to the

commencement of this Ordinance.

19th Viet. No. 11.

II.     THAT no marriage shall be celebrated except by some

No marriage to be	nister of religion, ordinarily officiating as such, whose name, desig-
solemnized except by	nation, and usual residence shall have been registered, and shall
duly registered min-	then continue registered in the Office of the Registrar-General , in
isters of religion.	Perth, in the said colony.

PROVIDED that where the parties to be married shall, ordinarily resides, sign a declaration in the form set forth in the schedule hereto, marked B, the marriage may be celebrated between such parties by such District Registrar, in the form of words set forth in the Schedule hereto, marked C,to be repeated and signed by the parties to such marriage respectively.

Provision for marri- III.

age by District Re-	before the Registrar of the district within which the intended wife
gistrar.

THAT no marriage shall be celebrated until after a decla before some surrogate for licenses, or before the Minister or District Registrar celebrating the marriage, by each of the parties to be married, in the form set forth in the Schedule hereto, marked D.

No marriage to be IV.

solemnized until de-	ration upon oath, or solemn affirmation shall have been made
claration made.

After declaration V. THAT every marriage which shall be celebrated by any such

marriage legal but	officiating Minister or District Registrar as aforesaid, after oath or
not valid if omit-	solemn affirmation so made as aforesaid, shall be a legal and valid
ted.	marriage, to all intents and purposes, and no other marriage, except as hereinafter provided, shall be valid for any purpose ; and that a certificate of every such marriage, under the hand of the minister celebrating the same, shall be by him transmitted, within one ca- lendar month after the celebration of such marriage, to the Registrar of the District where such marriage was celebrated.

Marriage in fact not VI. PROVIDED that no marriage in fact shall be avoided bS,

to be avoided by rea-

reason only of the same having been celebrated by a person not

son of person not be-

being a Minister or ordinarily officiating minister of religion, if either

ing a minister.

of the parties to the marriage shall, at the time, bond fide have be-

lieved that he was such ordinarily officiating minister.

THAT every marriage shall be celebrated in the presence of two witnesses, at least, who shall sign a certificate, which shall be also signed by the Minister, or District Registrar, celebrating the marriage, and by the parties thereto, and shall be legibly written (or partly written and partly printed) in the form contained in the schedule hereto,marked E ; and such Minister or District Registrr

VII.

Two witnesses.

1856.             19th Viet. No. 11.

shall deliver a copy of such certificate immediately after the mar-Copy signed. by min-

riage, signed by himself, to one of the parties to the marriage. inter.

VIII.      THAT nothing in this Ordinance shall extend, or be con-

strued to extend,to any marriage between parties both of whom shall Jews and Quakers.

be Quakers or Jews: Provided, however, that a certificate of every

such marriage shall, within one calendar month next following, be

transmitted to the Registrar of the District within which it was cele-

brated, by the person celebrating the marriage, or by one of the

parties thereto, stating the date and place of such marriage, and the

name, designation, and usual residence of each of those parties.

IX.     THAT every marriage celebrated between parties being Valid if celebrated

both Quakers or both Jews, shall be as legal and valid as if duly ac accord og to their

solemnized under the provisions of this Ordinance, if such marriage a'

was, when celebrated, a valid marriage, according to the usages of

the Quakers or the Jews, as the case may be.

X.    THAT no marriage shall be solemnized, except in some Either in place of

recognized place of Public Worship, or in the office of the District worship or Regis- by His Excellency the Governor ; and that no marriage shall be Tame. solemnized before eight a.m., or after four p.m.

THAT if either party to any intended marriage, not being a widower or widow, shall be under the age of twenty-one years, such

XI.

marriage shall not take place without production to the Minister or Minors must door written consent of

District Reaistrar, about to celebrate the same, of the written con- parent or guardian,

sent of the father of such party, if within the colony ; or; if not

within the colony; then of a guardian appointed by the father ; or

if there be no such guardian in the colony, then of the mother

of such party, if within the colony ; or,where there is no such pa-

rent or guardian in the colony, or he or she is incapable of duly

consenting, by reason of distance, habitual intoxication, or mental

incapacity, then the written consent of some Justice of the Peace,

who shall, previous to giving such consent, make due inquiry into

the facts and circumstances of the case, and satisfy himself that no

valid objections exist to such marriage.

XII. THAT when any marriage shall be celebrated upon the which must c en-

production of such written consent as aforesaid, a statement of the dorsed ou certiate.	fie
fact of such consent shall be endorsed on the certificate of such mar- riage, and on the copy thereof, signed respectively by the Minister or District Registrar celebrating the same.

19th Viet. No. 11.. 1856.

Marriage not vitiated XIII. THAT no marriage shall be deemed to have been unduly

identity of parties be ration made respecting the same, where the identity of the partiesestablishes' by mere error if celebrated by reason only of any mere defect or error in the deck-

to the marriage shall not be in question.

XIV. THAT every marriage celebrated in the colony ofW shaelsltebiet,

Existing=nieces Australia, before the commencement of this Ordinance, by any Mi.

untouched;° nister of religion or person ordinarily officiating as such,

and be deemed to have been, from the time of the celebration thereof, a perfectly legal and valid marriage (notwithstanding any non-compliance with forms or other irregularity attending the cele- bration) to all intents and purposes.

XV.     PROVIDED that nothing in the previous section, or in the

themselves, and for'unless invalid in fifth section of this Ordinance, shall legalize any marriage declared other specified causes. or made (or which shall hereafter be declared or made) invalid by

any competent court, or by Colonial Ordinance ; nor any marriage where either party thereto had another wife or husband then living; nor any marriage which would have been or would be void, but for those sections, by reason of relationship, kindred, or alliance, or of fraud or incapacity to contract marriage ; nor any marriage where (the same being at the time of its, celebration invalid) either of the parties thereto shall afterwards, and before the commencement of this Ordinance, have intermarried with some other person.

THAT a copy of the Registry in the Office of the Re. deemed as evidence in all proceedings, civil and criminal, of the fact of such marriage having been duly celebrated, until the contrary is shewn.

XVI.

Registrar's office

copy evidence of	gistrar General, and under his hand, of any marriage, shall be
marriage.

XVII.     THAT every Minister, District Registrar, or other

Minister of Religion

who shall marry mi-	person who shall celebrate, or profess or attempt to celebrate, the
nors contrary to	marriage in the case of any person under the age of twenty-one
thisOrdinanee guilty	years, not being a widower or widow, without such written consent
of a misdemeanour—
£500 fine.	as aforesaid, knowing him or her to be under that age, or knowing that the consent produced is not by the appropriate person, or who shall wilfully celebrate, or profess or attempt to celebrate, any mar- riage in any other case, contrary to the provisions of this Ordinance, or where the provisions of this Ordinance have not been complied with, shall be guilty of a misdemeanor, and, being convicted there'd, shall be liable to a fine not exceeding Five Hundred Pounds, either alone, or with imprisonment, with or without hard labour, for any term not exceeding five years, as the Court may award.

18.56. 19th Viet. No. 11.

XVIII.	THAT any person who shall wilfully make any false False affirmation	r. this	O Hance
Ord

statement, upon oath, or by solemn affirmation, before any Surro- deerjury.

gate, Minister, or District Registrar, shall be deemed guilty of P

perjury, and be liable to prosecution and punishment accordingly.

XIX.     THAT every person who shall wilfully marry a person La ymanabetting an

under the age of twenty-one years, not being a widower or irregular marriage widow (and whom he or she shall know to be under that age) guilty of inisdemea- without previously obtaining such consent as is hereinbefore re-"

quired to be obtained prior to -the celebration of marriage with a minor, or who shall induce, or endeavour to induce, any Minister, District Registrar, or other person to celebrate such marriage, and every person who shall abet or assist the offender in any such act, knowing the same to be illegal, shall severally be guilty of a misde- meanor, and be liable to such punishment by fine, not exceeding Five Hundred Pounds, or imprisonment, with or without hard 2500.

labour, for any term not exceeding five years, or both, as the Court

may award.

XX.     THAT if any person shall forge, or assist in forging, or

procure to be forged (or shall utter or assist in uttering or cause to The forging parent's

be uttered as true, knowing the same to be forged) any consent or consent to minor'swriting purporting to be a consent of or by the father, guardian, or marria ge,

mother of a person under the age of twenty-one years, or to be the or of Registry copy,

consent of a Justice of the Peace, empowered as aforesaid, under

the provisions of this Ordinance, or any certificate or writing, pur- or of certificate,

porting to be a certificate, under the provisions of this Ordinance, orany copy. of registry, or writing, purporting so to _be, or shall sign or guilty of felony.

transmit to any Registrar any certificate, or writing purporting so to Sentence.

be, containing, to his or- her knowledge, any false statement

therein, the person so offending shall be guilty of felony, and be

liable to imprisonment, with or without hard labour, at the dis-

cretion of the Court, for any term not exceeding five years.

THAT no marriage shall be affected by reason of the omission by the Minister celebrating the same, to cause his name,	The irregularity of any minister; though
it subject him to
designation, or usual residence to be registered according to the	punishment under
provisions of this Ordinance ; but every Minister, or person offi-	Section 17, shall not
ciating as such, who shall celebrate any marriage, knowing that his	vitiate the marriage.
name, designation, or usual residence, has not been so registered, or is not then duly registered, shall be liable to be dealt with under the 17th section of this Ordinance ; or, if the omission was acci-

XXI.

19th Viet. No. 11. 1856. •

dental, or by inadvertence, to a fine not exceeding Twenty Pounds, to be recovered by proceedings in a summary way before two Justices of the Peace.

XXII. THAT if any Minister or other person, having celebrated any marriage, shall fail to comply with the provisions of this Ordi- nance or any of them, respecting the certificate to be transmitted to the District Registrar, he shall be liable to a fine of not less than

Pena of mime . .s-

Penalties

ters. Ten Pounds, and not exceeding Fifty Pounds, to be recovered by proceeding in a summary way before two Justices of the Peace ; and in cases within the 8th section of tins Ordinance, where no person shall have celebrated the marriage other than the parties thereto themselves, the like penalty shall attach to the husband, in case the certificate thereby required shall not be duly transmitted.

Definition of word XXIII. THAT wherever the words " Registrar General" and

"Registrar General" District Registrar" occur in this Ordinance, they shall be deemed t

and construed to mean the Registrar . General of Births, Deaths, and, in the said colony respectively.

XXIV. THAT sections A, .E, F, and I of the schedule

Sections A, E, F,of the "Shortening Ordinance,1853," shall be incorporated with and and. I of Shortening taken to form part of this Ordinance, to all intents and purposes, in

Ordinance incorpo- as fulland ample a manner as if' the said sections had been intro- rated. duce d and fully set forth in this Ordinance.

Commencement of XXV. THAT this Ordinance shall commence and take effect

Ordinance. on the first day of August now next ensuing.

A. E. KENNEDY,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Legislative Council this

12th day of June, 1856.

HENRY WAKE FORD,

Clerk of the Council.

1856.              19th Viet. No. 11.

Schedule A.

Ordinances Repealed.

No. 18 of the 10th Victoria ; passed the 9th day of November, 1847. No. 11 of the 12th Victoria ; passed the 9th day of May, 1849. No. 12 of the 12th Victoria ; passed the 9th day of May, 1849.

Schedule B.

Form of Declaration' to authorize Marriage before a District

Registrar.

We, A. B., of (usual place of residence and designation or employ- ment) and C. D., of (usual place of residence and designation or em- ployment), do hereby declare that we are desirous ofTheing malted, but that we object to be married by a minister of religion, (or, "but that there is no minister of religion accessible for the purpose of solemnizing our marriage.")

Signed by the parties this (Signatures.)

day of 18

Before me,

District Registrar.

Schedule C.

Form of Marriage before a District Registrar.

I, A. B., of (usual place of residence and designation or employment)

do hereby declare in the presence of C. D., Registrar of Marriages

19th Vict. No. .11. 1856,

for the district of that I take E. F., of (usual placeof

residence and designation or employment) to be my lawful wife, and

I the said E. F. do declare that I take the said A. B. to be my law_ ful husband.

(Signatures.)

Schedule D.

Declaration before Surrogate, Minister, or District Registrar.

1, A. B., of (usualplaceof residence and designation or employment)

being duly sworn, do on my oath declare, (or if objecting to take an

oath, " do solemnly and sincerely declare and affirm ") that I be-

lieve there is no impediment or lawful objection, by reason of any kindred, relationship, or alliance, or any former marriage, or the want of consent of parents or guardian, or any other lawful cause,

to my being married to C. D., of (usual place of residence and desig-

nation or employment) daughter of E.F., of (usual place of residence

and designation.)

(Signature of A. R)

And I the said C. D. on my oath declare (or," do solemnly and sincerely declare and affirm") that I believe there is no impediment or lawful objection, by any such reason or other lawful cause as aforesaid, to my being married to the said A. B.

(Signature of C. D.)

Declared; or sworn, by both the parties

named this day of

18

Before me,

(Signature and designation.)

GO

Schedule E.

-14	Certcate . of Marriage.
tt

HH	•
O

When and Under or above Residence at Father's Name Rank or Pro-

No. where mar- Name and the age of 21 Condition. Rank or the time of and fession of

Tied. Surname. years. Profession. marriage. 0 . Surname. Father.

*ea

H

°

°

H

H Ch

0 d

0

5- .;

H

1.1

0	a
H

C3	Married in the	, according to the rites and ceremonies of	by
0

5,

me, after oath (or, "declaration") duly made as by Law required.

5,1

H H

This Marriage was	in the
solemnized between	presence

us, of us,