Marriage Act 1834 No 7a (NSW)

No. II.

An Act to remove Doubts as to the Validity of certain Marriages had and solemnized within the Colony of New South Wales and to regu­ late the registration of certain Marriages

Baptisms and Burials. [4th July, 1834.]

Colony of New South Wales and whereas it is expedient t h a t such

W H E R E A S Marr iages which have been h a d and solemnized wi th in the

doubts should be quieted and t h a t the Law respect ing such Marr iages should be declared for t he future Be it therefore declared and enacted by H i s Excel lency the Governor of N e w Sou th Wales with t h e advice of t he Legislat ive Council thereof T h a t all Marr iages before t he pass ing and publ icat ion of th i s Act had and solemnized by ordained or officiating Minis te rs of t he Church of Scot land as by law established or by ordained or officiating Pr ies ts or Minis ters of t he R o m a n Catholic Church shal l be and shal l be adjudged esteemed and t aken to have been of t h e same force and effect as and no other t h a n if such Mar ­ riages h a d been h a d and solemnized by Clergymen of t he Church of E n g l a n d according to t he r i tes and ceremonies of t h e Church of Eng l and .

doubts may hereafter arise concerning the val idi ty of

2. A n d be it fur ther enacted Tha t from and after t h e passing

and publ ica t ion of th i s Ac t all Marr iages between persons bo th or one of such persons be ing members or a member of or hold ing com­ m u n i o n wi th t he Presby te r ian Church of Scotland or t h e R o m a n Cathol ic Church respectively and m a k i n g a declarat ion to t he effect hereinafter ment ioned which Marr iages shall be had and solemnized wi th in th is Colony by an ordained Minis ter of t he Presbyte r ian Church of Scotland or by a Pr ies t or Minis ter of t h e R o m a n Catholic Church duly empowered by his proper superior respectively shall be and shal l be adjudged esteemed and t aken to be of t he same force and effect as and no o ther t h a n if such Marr iages were h a d and solemnized

by Clergymen of t h e Church of E n g l a n d	according to t he r i tes	and
ceremonies of t h e Church of E n g l a n d	Provided always t h a t from	and

after t he pass ing of th i s Act no such Mar r i age as last aforesaid shall be had and solemnized un t i l bo th or one of such persons as the case m a y be shal l have signed a declarat ion in wr i t ing in dupl icate s ta t ing t ha t they or be or she as t h e case may be are or is members or a member of or hold communion wi th t he P resby te r i an Church of Scotland or t he R o m a n Catholic Church respectively according to the

whom any such Mar r i age as aforesaid shall be solemnized shal l imme­ diately upon the solemnizat ion thereof certify such Mar r i age by a wr i t ing under his h a n d in dupl icate subjoined to or endorsed u p o n the declaration in dupl icate hereinbefore ment ioned specifying in such certificate t h e names and descriptions of t he par t ies between whom and of the witnesses in whose presence t he said Mar r i age has been had and solemnized and the t ime and place of t he celebration of t h e same according to t he form he reun to annexed and marked wi th t he le t ter B and such certificate in duplicate shall be also signed for thwi th by t h e part ies en t e r ing in to such Mar r i age and by the witnesses to t h e same according to t he said las t -ment ioned form and the Min i s te r or P r i e s t officiating shal l deliver one dupl icate of such declarat ion and certificate to t h e persons marr ied or to one of t h e m and shall t r ansmi t t he

form he reun to annexed and m a r k e d wi th t he let ter A .

3. A n d be i t fu r ther enacted T h a t t h e Minis ter or Pr ies t by

t h e o ther dupl icate of such declarat ion and certificate to the Regis t ra r

of t h e Supreme Cour t .

4 . A n d be i t fur ther enacted Tha t a certificate of every Bapt i sm

or Bur ia l solemnized or performed by any ordained Minis te r of t h e Presbyter ian Church of Scotland or Pr ies t or Min is te r of t he R o m a n

Catholic C h u r c h shall be t r ansmi t t ed by t h e Minis ter or Pr ies t

officiating wi th all convenient speed to t h e Regis t ra r	of t h e	Supreme
Court .

5. A n d be it fur ther enacted Tha t as often as any such dupli­ cates and certificates of Marr iages and certificates of Bapt i sms and Bur ia l s arc t r ansmi t t ed to t he Reg i s t r a r of t he Supreme Cour t as hereinbefore directed t h e same shal l be by h i m safely k e p t from damage a n d be so a r ranged as to be resor ted to when required and one general a lphabet ical list shal l be m a d e in books to be kept for such purpose of t he names of all persons and places there in respectively which wi th t h e said dupl icates and certificates as aforesaid shall be open to publ ic search a t all reasonable t imes on p a y m e n t of one shi l l ing for each n a m e searched for by t h e pa r ty or par t ies searching who shall s ta te a t t h e t ime of such search t he n a m e or names of t h e person or persons sought for A n d certified copies of such duplicates and certificates respectively shall be received and t aken in all Cour t s of L a w and E q u i t y w i th in t he said Colony as evidence of t he Mar r i age Bap t i sm or Bur i a l of t h e par t ies respectively named the re in and for every such copy as aforesaid a sum of one shi l l ing and no more shal l

be paid by the pa r ty r equ i r ing t he same.

G. A n d be it fur ther enacted That from and after the pass ing
of th i s A c t so m u c h of a cer ta in Act of t h e said Governor and Council

passed in t he s ixth year of t h e re ign of H i s la te Majesty K i n g George

t h e F o u r t h in t i tu led " An Act for the belter regulating and preserving

" Parish and other Registers of Births Baptisms Marriages and

" Burials in New South Wales and its Dependencies including Van

" Diemen's Land'1''	as relates to any certificate of Mar r i age Bap t i sm or
Bur ia l as in th is Act is ment ioned shal l be a n d t h e same is	hereby
repealed.

S C H E D U L E S	R E F E R R E D	TO.
A.

F O R M O F D E C L A R A T I O N .

I A . 15. ( o r wo as t h e case m a y r e q u i r e ) do h e r e b y d e c l a r e t h a t I a m (o r wo a r e ) a

m e m b e r (o r m e m b e r s ) of o r ho ld c o m m u n i o n w i t h t h e P r e s b y t e r i a n C h u r c h of S c o t l a n d (o r

t h e R o m a n C a t h o l i c C h u r c h . )

( S i g n e d )	A.	15.
C.	D .

B .

F O R M O F C E R T I F I C A T E .

I E. F . M i n i s t e r ( o r P r i e s t ) of ( h e r e desc r ibe t i ie R e s i d e n c e a n d C h u r c h of t h e

M i n i s t e r o r P r i e s t ) do h e r e b y ce r t i fy t h a t A. B. of a n d C. D . of

( h e r e de sc r ibe t h e r e s idence of t h e p a r t i e s m a r r i e d ) w e r e j o i n e d t o g e t h e r in w e d l o c k b y m e

on t h e d a y of 1 8 a t in t h e p r e s e n c e of

( h e r e de sc r ibe t h e n a m e s a n d r e s i d e n c e s of t h e r e spec t ive wi tnesses t o t h e m a r r i a g e c e r e m o n y

w h o i n t e n d t o s u b s c r i b e t h e cer t i f i ca te . )

( S i g n e d ) E. F. M i n i s t e r ( o r P r i e s t . )

W i t n e s s e s	G.	I I .
I .	K .

No. I I I .