Marriage Act 1842 (SA)

V I C T O R I B R E G I N B.

No. 12,

AIL Actfor rcgulatiny IMurriages in the l?rowince of South Australia.

HEREAS it is expedient to regulate the Law of Marriage in

W the Province of South Australia:-

Be it thcrcfore Enacted by His Excellency George Grey Esquire $ ~ ~ $ ~ $ ~ ~; t

Governor and Commander-in-Chief of the Province of South Australia celebrated b C~WQ-

men of the Zhmchea

by an41 with the advice and conseit of the Legislative Council thereof Bng,md and Seat-

That after the first day of June in the year of our Lord one thousand 1	and shall be valid. In
marriages solemnized

eight hundred and forty-two all marriages celebrated by clergymen after pubfiration

of the Unitcd Church of England and &eland and of the Church of banns bmoa to bo published three

according to such laws for marriages to be' celebrated agreeably to the

of Scotland shall if celebrated according'to the usages and foms of &lodoys before t6e

these Churches respectively be deemed +id: Provided that in all marfias~ t h ~ aenoe of the c o n p - m-

cases where marriage is solemnized aftp the publication of banns mtion.

such publication shall take place on three aistinct Sundays previously

to the marriage of the parties either immediately before the com- mencement or during the time of ~ i v h e Service, and when the

congregation shall have assembled and b present: And provided Marriagm ma? be

that the production of the Deputy R e g i h r ' s certificate as herein- solemnized on pro- duction of Deputy

after provided shall dispense with the nece$sity of the publication of R

e g k t d s certificate.

banns or of any such licence or dispens&on as is next hereinafter

mentianed.

*

11. And be it further Enacted That sucb licences or dispensations L i c e n c ~ t o m a ~

without puhliceticm of

as the case may be to marry without publidation of banns as may be a anns may be issued

issued according to the Ecclesiastical L&s of the United Church ~ $ i ~ ", ~ t; : ~ ~ { h ~; f

of England and Ireland may be issued 'by the proper authorities , I ~ ~ I & U. ~.

the farms and usages .of the	ne Church: Provided allvays that
no such licence or dispasal	1 for marriage shall be issued in any
case in which eyxy person w3	ie consent to any marriage by licence
would have been required b!	aw in angland bcfore the passing of
&his Act shall not have prev	isly given his or her consent to such
m-e.

III. h d ' b e it Enacted I at the Society of Friends commonly

d e d "Quakers " and also	kons professing the Jewish Religion
may continue to contract	eolemnize marriage according to the
usages of the said society m	,f the said persons respectively as by
bw established in England bc	ie the passing of this Act, and every
avch marriage is hereby d	tared and confirmed good in law:
Provided that the parties to s	1 marriagc be both of the said society
or both persons professing the	kish Rehgion respectively: Provided
also that notice to the Depu	:Registrar shall have been given and
the Deputy Registrar's certi	p e shall have issued in the manner
hereinafter provided.

IV. And be it Enacted That 'ihe Dcputy Registrars of Births and

Deaths ehall in right of such oB$e be Deputy Registrars of Marriages

within the places to which t h q shall respectively be appointed and such places shall be deemed the. districts of the Deputy Eegistrars

of Marriage. and the offices of t$p Deputy Registrars shall be takcn for the purposes of this Act andlalso of the Act for registering births deaths and marriages to be w i t h the districts of which they are thc

Registry Offices dbhough not lo$ally situated therein. r

V. And be it Enacted That i i every case of marriage intended to be solemnized in the Province 04 South Australia or its Dependencies	8fbr the mid first day of Jun$ next according to the forms and
uwges of the said respective @urches of England and Scotland unless as is hereinbefore pxovidea by licence or dispensation or after the publication of banns and i4 every case of marriage intended to
be solerrmized after the first +y of June next according to the usages of the Quaker$ or Jews, ar according to any form authorized
by this Act, one of the parties 'ihall under his or her hand give
notice in the f o m of Schedule &to this Act annexed to the Deputy Registrar of the distrigt 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 '.officers appointed under this Act they shall give the like notice'. to the 6eputy Registrar of each
&strict rcus the case may be and shall therein state thc name and
6mame and the profession or condition of each of the parties in- tending marriage the dwelling place of each of them and the time
(not being less than seven days) that each of them has dwelt therein and the church building or o m e or private house in which the
m is to be solermuzed*

at tfie Deputy Registrar shall file all

m with the records of his office and shall

also

also forthwith enter a trne copy of all spch notices fairly into a Befaro entry of mch notice Deputy &&a-

parchment book to be furnished to him bf the Government and to m. m~ ~ e p mf ~ i ~ ~

be called "The Marriage Notice Book" andcthe marriage notice book $ ~ ~ E ~ ~ ~ ~ ~ ~ &. shall be open at all reaeonable times to all &sons desiring to inspect In awe. m&rria*e to

the same and for every such entry or seagch there shall be paid to pEMnmoftben,epus take pltloe in tha

the Deputy Registrar a fee of Two Shilli ixpence: Provided Registrar O ~ P Y of the

nohce to be euepended

always that before the copy of any su e shall be so entered ., ,be ,a, dWiag

in the notice book some credible person to the Deputy Regis- fou**n days befm

trar shall satisfy him if he think fit to re t of the truth of the the maniage.

several particulars set forth in such n d provided that in

every c& in which it is intended that the +arriag6 shall take place in the presence of a Deputy Registrar as'is hereinafter provided a

true and exact copy of e17ery such not& of marriage under the

hand of some Depnty Begistrar shall bc$ suspended in some con- spicuous place in the Registry Office whqre such notice was given during fourteen da,ys before any mania& shall be solemnized in pursuance of such notice: Provided alsd that there shall be paid to the Deputy Registrar for every such ;true and exact cop? of such notice of marriage by the party who leaves such notice at the office of the Deputy Hegistrar a fee of Twd Shillings and Sixpence.

i"

VII. And be it Enacted That after thB expiration of twenty-one Aftqrtwenfy-onedape

days after the entry of such notice the Deputy Registrar upon being bs given, cmrnnt	oerhficnte of notmm b
requested so to do by ancl on behalf of the party by whom the notice was given shall issue under his hand a artificate in the form of Schedule B to this Act annexed: Provided that, no 1 6 1 impedi- ment be shown to the satisfaction of the Deputy Registrar why such certificate should not issue and provided that the issue of such certificate shall not have bcen sooner forbidden in manner hereinafter mentioned by any person or persons authorized in that behalf as hereinafter is provicied and every such certificate shall state the particulars set forth in the notice the clay on which the notice was entered and that the full period of twenty-o%e days has elapsed since the entry of such notice and that the isgue of such certificate has	not bcen forbidden by any person or petsons authorized in that	behalf and for every sueL certificate the Deputy Registrar shall be
entitled to have a fee of One Shilling and evkry person whose consent to a marriage by licence would have been required in England by law before the passing of this Act shall have authority to forbid the issue of such certificate.

VIII. And be it Enacted That any person in that behalf autho- I s m e of Deputy certiiicata

rized may forbid the issue of the Deputy Registrar's certificate by &gistrs~'e

may be forbidden.

writing at any time in the presence of the:Deputy Registrar before the issue of such certificate the word forbidden" opposite to the entry of the notice of such intended marriage in the marriage notice

book and by subscribing thereto his or her name and place of abode

and his or her character in respect of either of the parties by re~on.

of which he or she is so authorized and in ctse the issue of any such

certificate shall have been so forbidden t* notice and all proc~ed.

hgs thereupon shall be utterly void. 1

IX. And

first day of June ncxt

t licence for mar-

ntitled to have of thc

ds and every Ileputy

year on such days as shall be

e authority of EIis

me being make a return to the

uth Australia and

nce his last return

ng the parties: Provided

shall authorize any Deputy

age in any church or chapel

to the forms and

on or declaration instead of taking m oath that he or %he believcth that there is not any impediment of kindred or alliance 6r othcr lawful hinderance to the

said marriage and that one of the &id parties hath for the space of

fifteen days immediately before the"day of the grant of such licence

had his or her usual place of aboddwithin the district within which

r of the parties not age of twenty-one

S whose consent to

in England before

to or that thcrc is no

XI. And be it Enacted That an$pxson on payment of Five Shil-

e Dkputy Registrar against the grant

e harriage of any person named

d; with the Deputy Registrar such

behalf of the person who enters

ce of residence and the groupd

eat is founded no certificate or

istrar shall have ex- atisfied that it ought

ficate or licence for the said

be withdrawn by the party entering the

f a Deputy Registrar refusing

applying for the same

f Births Deaths and

r confirm the refusal

XII. And be it Enacted That after thejsaid I first day of June next

no marriage after such notice unless byi virtue of a licence to be t ~ ~ n t g s o n e days after

granted by a Deputy Registrar shall be sqlemnized or registered in ~ ~ e ~ ~ ~ t i w d w

the Province of South Australia or its Debendencies until after the

expiration of twentyone days after the diy of entry of such notice

as aforesaid and no marriage shall bc sc&mnized by the licence of

any Deputy Ikgistrar or registered untp after the expiration of

seven days after the day of the entry of su@h notice as aforesaid.

XIII. And be it. Enacted That whenever a marriage shaU not New notice required-

be h d within three calcndar months afber the notice shall have after three months.

been so entered by the 15eputy Registrar the notice and any licence

which may have been granted thereupon 8nd all other proceedings

thereupon shall be utterly void and e v e q Deputy Registrar who

shall knowingly and wilfully issuc any licence for marriage after the

expiration of three calendar months after &c notice shall have been

entered by the Deputy Itegistrax as herctof~re provided or who shall

knowingly and wilfi~lly solemnize or to be solemnized in his

office nny"marriage by this Act declared to be accompanied by penal.

consecluences shall be guilty of felony.

shall be delivered to the officiating minister' if the marriage shall be vered to thcogciatiog certificate to be deli- XIV. And bc it Enacted That thc Dewty Registrar's certificate Deputy Registrar's

solemnized according to the rites of the said respective Churches of minister or the person	England or Sco t l n d and the said certificate or licence shall be the perriage is aolcm- by or before whom
delivcrecl to the i.egistering officer of the people called Quakers for ni~ed*
the place whew the marriage is soleinnizcd according to the usages
of the said pcoplc or to the officer of a. Synagogue by whom the .~narrisgc is registered if the Fame shall be ~olernnlxed according to the usages of persons professing t lx Jewish Religion and in all other rases shall bc delivered to the minister officiirting or to the Deputy
Ecgistmr pr~scn t at such marriage as is hcr&nalter provided.

?(V. 'And be it Enacted, That after the expiration of the said bfarriage map be

~er iod of twenty-one clays or of Eeveil days. if the marriage b c by ,tat,:d in &e notir.e of solemnized inthc place

licence maritage Inay be solemnized in the $ace stated in the notice suchmarriagebotwcen

of such marriage between and by the parties described in the notice in the notice. &far- the partips described

and certificate according to such form an3 ceremony as they may t;g::;t;r$'za

see fit to adopt: Provided nevertheless that cvcry such marriage eight iu the morning

thc forenoon and four in the afternoon in the presence of an officia- ofnnoficintingmini~--	shall bc solemnized with open doors between the hours of eight in Et?',tE$z;;z
ting minister and two or mom \vilnesses: Provided also that in some	Or mOm

part of the ceremony and in the presence of the ofliciating minister

and witnesses as afckesaid each of the partieil shall declare-

And each of the parties shall say to each o t h ~ - -

that there be no latful impediment to the marriage of

"S

"b

5

nd be it Enacted That'iany persons who s h l l object to er the provisions of Act in the presence of any

officiating minister may after d ~ e notice and certificate issued as aforesaid contract and solemnize &arriage at the office and in pre- sence of some Deputy Registrar in the presence of two witnesses

with open doors and between th urs aforesaid making the declaxa-

tion and using the form of words'hereinbefore provided.

"0

XVII. And be it Enacted ~ & t the Deputy Registrar shall be

entitled for every marriage w h a shall be solemnized under this Act in his presence to have fro$ the parties married the sum of

Ten Shillings.

m h. 8 0 XVIIL And be it Enacted it in every year on such days as the time being of this ~ r h i n c e and its Dependencies within endar month next after tge first day of July the first day of r the first day of January,aizd the first day of April respec- every Deputy Registrar -shall makc and forward to the

om time to time be appoi&ed by His Excellency the Gover- Regktrar a true copy certified by him under his hand according to the form of Schedule D to thie Act anncxcd of a11 the entries of marriage in the register boo8 kept by him and if there shall

have been no marriage registered since the delivery of his last

certified copy he shall certify th?. fact.

o f w i a ~ 3 o f

or coneent not XIX. And be it Enacted That after any marriage shall have marriage to give any proof of tha actual dwelling of either of the parties pevious to the marriage within the district wherein such marriage was solemnized for the time required by this Act or of the consent of any person whosg consent thereunto is required by

to-bbh been solemnized it shall not Eae necessary in support of such

0.

law nor shall any evidence be dven to prove the contrary in any suit touching the validity of such marriage.

XX. And be it Enacted That every marriage heretofore bona

f i e celebrated in this Province or its Dependencies by any clergy-

man minister or other person whether the same was so celebrated

derthia in any church chapel or buildhg set apart for worship or in a

ab'B exw private house or other building &all *be deemed as valid as if such

n t b l t e k. marriage had been performed under the provisons of this Act and

all marriages solemnized under this Act shall be valid and cognizable

in like manner as marriages betbe the passing of this Act were when celebrated according to tbe rites of the United Church of England and Ireland: Providedl always that nothing in this Act contained shall extend or be construed to extend to render valid any marriage in respect to which a lawful impediment may have

existed at the time of such marriage,

XXI. And

I

Glvrgymen, &C., may

And be it Enacted That i t shall be,Jawful for the Officiating Clergyman Minister or Dcputy Registrar bdore whom any marriage

a& parties to be mar-

ried the prrrtioulars

required.

is solemnized according to the provisions 04 this Act to ask of the

to be married the several particulars required to be registered

touching such marriage.

Persons vexatiously

XXI.

XXII. And be it Enacted That every pcrson who shall enter a entering caveat liable

caveat with the Drputy Registrar against $he grant of any licence

to costs and damages.

or issue of any certificate on grounds which the Registrar shall

declare to be frivolous and that they ought not to obstruct the grant of the licence shall bc liable for the costs of the proceedings and for clamages to be recovered in a special action upon the case

by the pasty against whose marriage such caveat shall have been

entered.

XXIII. And be it Enacted That every person who shall know- ~ $ ~ ~ ~ ~ ~ ~ ~ f a l a e

in@y and wilfully make any false declaration or sign any false guilty ofpjury.

not,~c:e or certificate for the purpose of prucuring any marriage and

every person who shall forbid the issue of the Deputy Registrar's certiiicute by falsely representing himself or herself' to be a person whose consent to such ~narriage is required by law knowing such xpresentation to be fahe shall suffer the penalties of perjury.

XXIV. And be it Enacted That every person who after the said ~rsonsunduly~olem- n~zing marriage guilty

first day of June next shall knowingly and wilfully solemnize any , ~ f e~, , y,

marriage in this Province or its Dependencies except as in the first section of this Act is hereinbefore provided in any other place than a church or chapel in which mai~iages may bc solenirlized according to the forms and usages of the Church of England or than the church building or office or private house specified in the notice and certificate and cvery person who shall knowingly and wilfully solemnize any marriage in this Province ar its Dependcncies after the said first day of June next (escept by licence) within twenty- onc days after the cntry of the noticc to the Deputy Registrar as aforesaid or if the marriage is by licence within seven days after

guilty of felony. such entry or after threc calendar months after such entry shall be XXV. And bc it Enacted That every Deputy Registrar who Depuk~Re+Mrwfi- fully contrawning the

shall h o ~ v i n ~ l y and wilfully issue any cergificate for marriage aftcr a ct gtiity of felony.

the expiration of three calendar months after the notice shall have

been erltered by him as aforesaid or before the expiration of twenty-

one days after the entry of the notice or m y certificate the issue of which shall have been farbidden as aforesaid by any person authorized to forbid the issue of the Deputy Registrar's certificate

or who shall knowingly and wilfully register any marriage herein

declared to be accompanied by penal consequences and every Deputy Registrar who shall knowingly and wilfully issue any licence for marriage after the expiration 6 three calendar months after the notice shall have been entered by the Deputy Registrar aa aforesdid or who shall knowingly and wilfully solemnize in his office any marriage herein declared null and void shall be guilty of

felony.

XXVI. And

t any person duly authorized o r e or be present at the celebration

and wilfully without consent

e or be present at any marriage

as or have not attained the full

o offending shall for every such

eeding Five Hundrcd Pounds,

ti0n50f prose-	XXVII. And be it Enacted &hat every prosecution under this Act shall be commenced within%he space of two ycarn after the
offence committed. t ir

XXVIII. And be it ~nactedh'hat if any persons shall know-

ingly and wilfully intermarry aft&* the said first day of June next under the provisions of this Act ib any place other than the church chapel office or private house or &her place specified in the notice

and certificate where such notice &nd certificate are necessary under

this Act or without due notice t 4 the Registrar where such notice is necessary under this Act or ~ i t h o u t certificate of such notice duly igsued or without licence inbase a licence is necessary under this Act or in the absence of a; Registrar or officiating minister where the presence of a Registrar ,or officiating nrinister respectively is necessary under this Act thc marriage of' such persons shall be null and void.

r

of fma- XXIX. And be it Enacted Thst if any valid marriagr shall be

had under the provisions of this A& by means of any wilfidly false

notice certificate or declaration fnade by either party to such marriage as to any matter to whi& a notice certificate or declara- tion is herein required it shall be I&vful for lIer Majesty's Advocate- General to sue for a forfeiture &' all estate and interest in any property accruing to the offending,party by such marriage and the proceedings thereupon and the cqsequences thereof shall be the same as are provided in the like" case with regard to msrriagcs solcmnizcd in England by licence: before the passing of' this Act according to the rites of the U~i ted Church of England and

Ireland.

XXX. And be it Enactcd That this Act shall be taken to be part of the said Act for Registering? Births Deaths and Marriages as fully, and effectually as if incoqohted therewith and that all the promsions and penalties of the said Act so far as the same are ap- plicable thereunto shall be taken to extend to all offences committed under this Act.

of the

isting XXXI. And be it Enactcd That the term " Officiating Minister"

under this Act shall be taken to mean a clergyman in holy orders of the United Churches of England and Ireland or of' the Church

of Scotland or any minister of religion who shall be entered in manner after provided as an officia g minister within the meaning

of this Act.

XXXII. And

XXXII. And be in Enactcd That ister of religion who Minialers o f gations to be entered

shall have been for a period of twe onths in charge of a by the Rc@atrar-

Christian congregation consisting of forty householders !$?~+l~,''Offi'E'atbg

resident in the Provincc may apply t giatrar-General and the Registrar-General on production of ccrfiificatea signed in dupli- cate by such forty householders at least shting that the applicant has becn for such period of twelve months'a minister of religion in charge of such congregation of which they 'are members shall entcr sach applicant as an officiating minister within the meaning of this Act in a book to be kept for that purpose and shall file and pre- serve one of such certificates among the records of his office and shall give public notice thereof in the South Australian Government

Gazette,

may

XXXI'IP. And be it Enacted That it 'shall be lawful for the The direct the Registrar-

Governor on the application of any min&ter of religion accom- General to enter other

panied by such prod*as His ~ a c e l f e n r ~ way requireuto issue an $i"&?C$t~$~iOn

book to be kept by him as aforesaid and^ shall file and preserve such instrument among the records of bis office and shall give public notice thereof in the Xouth Ausm'alia~ Government Gazette.

instrument under his hand directing the Registrar-General to enter Minister.17

such applicant as an officiating minister witgn the meaning of this

of any such officiating minister as aforesaid it shall be made to cancelled. XXXIV. And be it Enacted That if subsequently to the entry such entries may bo

appear to the satisfaction of the Governor that such person has ceased to be a ministcr in charge of a Chrirstian congregation con- sisting of forty resident householders or in the case of any such person as may have been entered under the direction of the Governor in manner aforesaid that there are proper and suffi- cient reasons for disallowing such personb so cntered from offi- ciating in virtue of this Act it shall be l a ~ d u l for His Excellency by an iwtrument under his hand to direct the Registrar-General to cancel such entry and the Registrar-General shall cancel such entry

person in either case shall thereupon ccnse to be or be deemed an accordingly and notify thc same in the Gove~nrnent Gazette and such officiating minister within the meaning of this Act.

G N R G E GREY,

Governor of South Australia.

Passed in Council this twenty-second day of March one thousand eight hundred and forty-two.

A. M. MUNDY,

Clerk of Council.

SCHEDULES FERRED TO IN THIS ACT. .

! CHEDULE A.

R O # C E O F Y A B R I A G E.

d

To the Deputy Registrar

I hereby give you notice that a rriage is intended to be had within three calendar months from the date hereof betQeen me and the other party herein named and de-

scribed (that Is to eay)- 4 --

Church building	niRtriqt	in which
office or private	the otl~cr	pitrty re-

Rank or house ~ b ~ r e thr sides, when the par-

m:lrritlg~ i s to hc tip, dwell in dif-

uolernnixrd. ferent Districts.

Widower

More

month.

1 7

Witness my hand this day of

DEPUTY B E ~ I S T R A R ' B C E R T I F I C A T E.

?

I, A. B., Deputy Registrar of the @strict of do

hereby certify that on the day of noticv was duly entered in the marriagc not i4 book of the said liistrict of the marriage in- tended between the parties thereia named and described delivered under thc hand

of James Smith one of the partiesgth~t is to say)

I	1	I	I Church building	District in which the other party rc~irlcn,
whcn the partics
dwcll in diffbrcnt

Dint.victs.

Date of notice

entered. The issue of2.this certificate has not been forbidden by any

Date of certificate person adthorised to forbid the iseue thereof.

given.

Witness my hand the day of 184

(Signed)	A.	B.,
Deputy Registrar.

This certificate will be void uhless the marriage is solemnised on or before

the b y of 184

SCHEDULE

SCHEDULE C$ P

A.B., Deputy Registrar of

?f

Whereas ye are minded as it is paid tq enter into a contract of Marriage under the provisions of an Act made in the Fifth year of the Reign of Her Majesty Queen Victoria intituled " An Act for regulating Marriages in the Province of South Australia" and are desirous that the same may bb speedily and publicly solemnized And whereas you C.D. for you B.F.) have made h d subscribed a declaration under your hand that you believe there is no impediment of kindred or alliance or other lamfd hinderance to the said marriage and that -you C.D. for B.F.) have /or ?has) had your for his or her) usual place of abode fok the space of fifteen days last past within thc district of, and t h t you C.D. for E.F.) not being a widower for wlclozc) or are under the age of 21 y ~ r s and that the consent of Q.H. whose consent to your or his or her marriage is 'iequired by law has been obtained

thereto (or that there i s no person hatiny uuthoritp to give such consen,t) I do hereby

grant unto you fuil license according to the authortty in that behalf given to me by thc said Act to proceed to solemnize s11ch marriage and to the Deputy Xegistrar of

the District (hers imwt the nnnw of the District ,in which the nzarriage is to be

sokmnixed) to register such marriage according to bw provided that the said marriage be pblicly solemnized in the presence of f G.H. o$kiating rninister or L.M. Deputy

Registrar cc5 the case ~ n u y be) and two witnesses within three calendar months from tlw (here insert the date of the entry in the iVotice Book o f t h e Reyistrccr) in the (here describe the c h w n h Btrilrling (bff;ce or pricnte huu@ 'cn which the marriuctgs is to be solen~nz'zed) between the hours of eight in the foremon and four it1 the afternoon.

Given under m y hand this day of 18

( ~ i b n e d )	A.B.
Deputy Registrar.

I, A.B., Deputy Registrar of thr District of do hereby

certify that this is a true copy of the entries of marriage registered in the said District from the entry of the marriage of and

number to the entry of the marriage of

ancl and numbercc1

Witness my hand this day gf 18

(Signed) A.B.

Deputy Registrar.