No. XXX.
An Act to amend and consolidate the Laws affecting the Solemnization of Marriage. [30(h November, 1855.]
| WH E R E A S it is expedient to amend and consolidate t he Laws | re l a t ing to t h e solemnizat ion | of | Mar r i age | in th i s Colony | Be |
| i t enacted hy H i s Exce l lency | t h e | Governor | of N e w | Sou th W a l e s | by |
| a n d w i t h t h e advice and consent of t h e Legislat ive Counci l thereof | as |
| fo l lows:— |
| 1. This A c t shal l commence on t h e first day of M a r c h one thousand e ight h u n d r e d and fifty-six on and from | which day t h e Acts |
of Counci l enumera t ed in t h e Schedule here to m a r k e d A shall be repealed except as to Mar r i ages solemnized and th ings lawfully done hy v i r tue of any such Act before t h a t day.
2. N o Mar r i ages shall be celebrated except by some Minis te r
| of Rel ig ion ordinar i ly officiating as such whose | n a m e des ignat ion | a n d |
usua l residence shal l have been regis tered and shal l t h e n con t inue re gistered in t h e office of t he Reg i s t r a r Genera l for Marr iages in Sydney.
| 3 . Prov ided | t h a t where t h e par t ies to be mar r ied shall | before |
t h e Reg i s t r a r for Mar r i ages of t he dis t r ic t w i th in which the in tended wife ordinar i ly resides sign a declara t ion in t he form set forth in the Schedule to th i s Act m a r k e d B t h e M a r r i a g e m a y b e celebrated
| be tween such par t ies b y such Dis t r ic t Reg i s t r a r in t h e form | of | words |
| set for th in t h e Schedule here to m a r k e d C to be repea ted | a n d | signed |
| b y the par t ies to such Mar r i age | respect ively. |
| 4. N o Mar r i age shall be celebrated u n t i l after | a | declarat ion |
(upon oa th or solemn affirmation) shal l have been made before some Sur roga te for licenses or before t he Minis te r or Dis t r ic t Reg i s t r a r
| ce lebra t ing t h e Mar r i age | by each of | t h e | par t ies to be mar r i ed in the |
| form | set for th in t h e Schedule here to m a r k e d | D . |
| 5. Eve ry Mar r i age which shall be celebrated b y any such Minis ter or R e g i s t r a r as aforesaid | after oath or solemn affirmation so |
made shal l be a legal and valid Mar r i age to all i n t en t s and purposes and no o ther Mar r i age except as hereinafter provided shal l be valid for any purpose .
| 0 . | P rov ided tha t no Mar r i age in fact shal l be avoided b y reason |
only of t he same h a v i n g been celebrated by a person not being a Minis ter or ordinar i ly officiating Minis te r of Rel ig ion if c i ther of t he
| par t ies to t h e Mar r i age shal l at | t he t i m e bond fide | have | believed | tha t |
| he was such ordinar i ly officiating | Minis ter . |
7. E>ery Mar r i age shal l he celebrated in t h e presence of two
witnesses a t least w ho shal l sign a certificate which shall bo also
signed by t h e Min i s te r or R e g i s t r a r ce lebrat ing t h e M a r r i a g e and b y
| the par t ies t he re to | and | shall be | legibly w r i t t e n | (or pa r t ly wr i t t en | a n d |
| pa r t l y p r in ted) | in t h e form conta ined in t h e | Schedule here to m a r k e d | E |
| a n d such Min i s te r or R e g i s t r a r shall deliver a copy of such | certificate |
| immedia te ly | after | t h e M a r r i a g e | signed by himself to one of t h e | par t i es |
| to t h e Mar r i age and the said Min i s te r | shall wi th in | one | m o n t h | the re |
| after t r a n s m i t | t he original certificate to | t h e | Reg i s t r a r | of | t h e | Dis t r ic t |
| w i t h i n wh ich | such Mar r i age was | celebrated. |
| 8. | N o t h i n g in th i s Act shall | ex tend | to any M a r r i a g e | be tween |
| par t ies of w h o m bo th shal l be Q u a k e r s or J e w s | A certificate of | every |
| such | Mar r i age | shall | nevertheless | w i t h i n | t e n | days | nex t | following |
| be t r ansmi t t ed to t h e | Reg i s t r a r | of | t h e | d is t r ic t | w i th in | which | i t | was |
| celebrated by t h e person | ce lebra t ing | t h e Mar r i age | or by | one of t h e |
| par t ies the re to s ta t ing | t h e | da te | a n d | place of | such M a r r i a g e a n d | t h e |
n a m e designat ion and usua l residence of each of those par t ies .
| 9. E v e r y | Mar r i age | celebrated | be tween | par t ies | be ing | b o t h |
Quakers or b o t h J e w s shal l be as legal and valid as if duly solemnized u n d e r t h e provisions of th i s A c t if such M a r r i a g e was when celebrated
| a val id Mar r i age according to t h e usages | of t h e | Quake r s or J e w s as |
| t he case m a y be. |
| 10. I f ei ther p a r t y to | any | in tended | Mar r i age | no t be ing | a |
widower or widow shal l be u n d e r t h e age of twenty-one years such Mar r i age shal l no t t a k e place w i t h o u t p roduc t ion to t h e Min i s t e r or
| R e g i s t r a r about to celebrate t h e | same | of | t h e | w r i t t e n | consent of t h e |
| fa ther | of such p a r t y if | w i t h i n | t h e Colony or if n o t wi th in t h e | Colony |
| t h e n of a gua rd i an appoin ted by t h e father | or if t he r e be n o | such |
| gua rd ian in t h e | Colony t h e n | of t h e | m o t h e r | of such p a r t y | if w i th in | t h e |
Colony or where t he r e is no such p a r e n t or gua rd i an in t h e Colony or he or she is incapable of duly consen t ing b y reason of d is tance hab i t ua l in toxica t ion or m e n t a l incapaci ty t h e n t h e wr i t t en consent
| of some Jus t i ce of t he Peace appoin ted for t h a t purpose as | here inaf ter |
ment ioned Provided t h a t such Jus t i ce shall m a k e i nqu i ry on oa th as to t h e facts a n d c i rcumstances of t h e case before g iving such consent .
| 1 1 . For t h e purposes men t ioned in t h e foregoing | section t h e |
| J u d g e s of t h e Supreme Cour t | shall | appoin t from t i m e to t ime one or |
more J u s t i c e or Jus t i ces of t h e Peace in every Reg i s t r a r ' s Dis t r i c t
who shall by v i r tue of such a p p o i n t m e n t give consent in such cases as
aforesaid every such a p p o i n t m e n t to be notified by t h e said J u d g e s in
| t he New South Wales Government | Gazette. |
12. W h e n any Mar r i age shall be celebrated u p o n the p roduc t ion
of any such w r i t t e n consent as aforesaid a s t a tement of t h e fact of such consent shall be indorsed on t h e certificate of such M a r r i a g e a n d
| on t h e copy thereof | signed respect ively | by | t h e | Minis te r | or | R e g i s t r a r |
| ce lebra t ing | t h e | same. |
| 1 3 . | N o Mar r i age shall be deemed to have been u n d u l y | celebrated |
| b y reason only of a n y m e r e | defect or er ror in t h e declara t ion | m a d e |
| respect ing t h e | same where t h e ident i ty of | t h e | par t ies to t h e | M a r r i a g e |
shal l no t be in quest ion.
| 14. E v e r y Mar r i age celebrated in th is Colony before the | com |
mencemen t of th i s A c t by any Min i s te r of Rel ig ion or person ordinar i ly officiating as such shall be and be deemed to have been from the t i m e of t h e ce lebra t ion thereof a perfectly legal and valid Mar r i age (not
| w i th s t and ing | any | non-compl iance | wi th | forms | or | o ther | i r r egu la r i ty |
| a t t end ing | t h e | celebrat ion) | to all i n t en t s | and | purposes . |
| 15 . P rov ided | t h a t | n o t h i n g | in | t h e previous | section or in | t h e |
fifth section of th i s Ac t shall legalize any Mar r i age declared or m a d e (or which shall hereafter be declared or made) inval id by a n y competen t
Cour t
Cour t or by Ac t of Counci l nor any Mar r i age where ei ther pa r ty the re to had ano ther wife or h u s b a n d t h e n l iving nor any Mar r i age which would have been or would be void b u t for those sections by reason of re la t ion ship k indred or al l iance or of fraud or incapaci ty to con t rac t Mar r i age
| no r any M a r r i a g e where | ( the same being a t t h e t ime of | i ts celebrat ion |
| inval id) e i ther of t h e par t ies there to shal l afterwards | a n d before | the |
| pass ing of | th i s A c t have in te rmar r i ed wi th some other person. |
16. A copy of t h e regis t ry of any Mar r i age in t he office of t he
Reg i s t r a r Genera l unde r his h a n d shall be received as evidence in all
proceedings civil and cr iminal of t he fact of such Mar r i age hav ing been
| duly | ce lebra ted—unt i l | t h e con t ra ry be | shewn. |
| 17. | E v e r y | Min i s te r | Dis t r ic t | Reg i s t r a r | or | o ther | person | who |
shall ce lebrate or profess or a t t e m p t to celebrate Mar r i age in t h e case of any person unde r t h e age of twenty-one years not be ing a widower or widow w i t h o u t some such wr i t t en consent as aforesaid knowing h im or her to be u n d e r t h a t age or k n o w i n g t h a t t h e consent produced is no t by t h e appropr ia te person or who shall wilfully celebrate or profess or a t t e m p t to celebrate any Mar r i age in any o ther case con t ra ry to any of t he provisions of th is Act or where any provision of th i s A c t shal l no t have been complied wi th knowing t h e same no t to have been complied wi th shal l be gu i l ty of a misdemeanor and be ing convicted thereof shall be liable to a fine not exceeding five h u n d r e d pounds e i ther a lone or w i t h impr i sonment no t exceeding five years .
18 . E v e r y person who shall object to t ake a n oa th unde r t h e provisions of th i s A c t m a y m a k e in l ieu thereof a solemn affirmation or be examined (as t h e case m a y be) upon his or he r solemn affirmation A n d any person who shall wilfully m a k e any false s t a t emen t on oath
| or by solemn affirmation | before | any | Sur roga te Dis t r ic t | Reg i s t r a r | or |
| Min i s t e r | or before any Jus t i ce appoin ted as aforesaid | u n d e r any of |
| t h e provisions of th i s A c t or in tended or p u r p o r t i n g so to | be | shall be |
| deemed gui l ty of per jury | and be liable to prosecut ion and | p u n i s h m e n t |
| accordingly. |
19. E v e r y person who shall wilfully m a r r y a person unde r the
age of twen ty -one years (and w h o m he or she shall know to be u n d e r
t h a t age) w i t h o u t h a v i n g previously obtained the wr i t t en consent of
| t h e father or gua rd i an or | (where t he m o t h e r is competen t ) | of | t he |
m o t h e r of t h e person so u n d e r age or t h e 'wr i t t en consent of some J u s t i c e appointed in t h a t behalf or who shall induce or endeavour to induce any Min i s t e r Reg i s t r a r or o ther person to celebrate Mar r i age
| be tween par t ies one of w h o m h e or she shall k n o w to be unde r | age |
| w i t h o u t such consent and every person who shal l abet or assist t he |
offender in any such act k n o w i n g t h e same to be i l legal shal l severally b e gui l ty of a misdemeanor a n d be l iable to such pun i shmen t by fine
| n o t exceeding | five h u n d r e d | pounds | or impr i sonmen t | no t | exceeding |
five years or bo th as t h e Cour t m a y award.
20. I f any person shal l forge or assist i n forging or p rocure to be forged (or shall u t t e r or assist in u t t e r i n g or cause to be ut tered as t r u e knowing the same to be forged) any consent or wr i t ing p u r p o r t i n g to be a consent of or by t h e father gua rd ian or m o t h e r of a person under t h e age of twenty-one years or t o be t h e consent of a J u s t i c e appoin ted as aforesaid u n d e r t h e provisions of th is A c t or any
| certificate | or | wr i t i ng p u r p o r t i n g to be a certificate u n d e r | t h e | provisions |
| of th i s Ac t or | any copy of regis t ry or | wr i t ing | p u r p o r t i n g so to be or |
| shal l | s ign | or | t r a n s m i t | to | any | Reg i s t r a r | any | certificate | or | wr i t ing |
| p u r p o r t i n g so to be conta in ing to his or he r knowledge any false | s ta te |
| m e n t t h e r e i n — t h e person so offending | shal l be gui l ty of felony and | be |
| liable to impr i sonmen t w i t h ha rd labor or ha r d labor | on t h e | roads in |
t he discretion of t h e Cour t for any t e r m no t exceeding five years .
2 1 . N o Mar r i age shall be affected by reason of t he omission by
| the Minis te r ce lebrat ing t h e same to | cause his n a m e designat ion or |
usua l
usua l residence to be regis tered according to th i s A c t b u t every Min i s t e r or person officiating as such who shal l ce lebrate any Mar r i age k n o w i n g t h a t his n a m e designat ion or usua l residence has not been so regis tered or is no t then duly regis tered shall be l iable to be dealt w i t h u n d e r t h e seventeen th section of th i s A c t or if t he omission was accidental or by inadver tence to a fine no t exceeding twen ty pounds to be
| recovered by proceeding in a s u m m a r y way before two | Jus t i ces . |
| 22. | If any Min i s t e r or person hav ing celebrated | any | M a r r i a g e |
shal l fail to comply wi th t he provisions of th i s Ac t or any of t h e m respec t ing t he certificate to be t r a n s m i t t e d to t he Dis t r i c t Regis t rar he shal l be l iable to a fine of n o t less t h a n t e n pounds and not exceeding fifty pounds to be recovered by proceeding in a s u m m a r y way before two Jus t i ce s A n d in cases w i th in t h e e igh th section of th i s A c t where
| no | person | shall | have celebrated t h e M a r r i a g e other | t h a n | t h e | par t ies |
| t h e r e t o themselves t h e l ike pena l ty shal l a t t ach to t h e husband | in case |
| t h e certificate | t he reby requ i red | shal l no t be duly | t r ansmi t t ed . |
SCHEDULE A. Acts Repealed.
| 6 Geo. IV. No. 21 . .Passed 1st November 1825. | 3 Vie. No. 7 . . | . .Passed 5th September 1839. |
| 5 William IV. No. 2. | „ | 4th July 1834. | 3 Vic. No. 2 3 . . | . . | „ | 19th November 1839. |
| 7 William IV. No. 6. | „ | 5th August 183G. | 4 Vic. No. 14 | , | 23rd September 1840. |
| 2 Vic. No. 13 . . | . . | „ | 29th August 1838. |
SCHEDULE B.
| Form of Declaration to authorize Marriage before District | Registrar. |
W E Thomas Williams of (usual place of residence and designation or employment) and Mary Edwards of (usual place of residence and employment) do hereby declare that we are desirous of being married but that we conscientiously 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 | day I |
| of | 18 | before me \ | [Signatures.'] |
SCHEDULE C.
[Form of Marriage before Registrar.]
I Thomas Williams of (usual place of residence and designation or employment) do hereby declare in the presence of A. 13. Registrar of Marriages for the District of Bathurst that I take Mary Edwards of (usual place of residence and designation or employment) to be my lawful wife And I the said Mary Edwards do declare that I take the said Thomas Williams to be my lawful husband.
[Signatures.']
SCHEDULE D.
Declaration before Surrogate District Registrar or Minister.
I Thomas Williams of (usual place of 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 believe 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 guardians or any other lawful cause to m y being married to (Mary Edwards) of (usual place of residence and designation or employment) daughter of (James Edwards) of (usual or last place of residence and designation).
| (Signature of Thomas | Williams.) |
| And I the said (Mary Edwards) | do 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 (Thomas | Williams). |
| (Signature of Mary | Edwards.) |
Declared and sworn (or " and affirmed") by both the parties)
| named this | day of | 18 | before me | / |
| (Signature | and | Designation.) |
SCHEDULE E.
Certificate of Marriage.
| I (name of Minister or Registrar) | being (designation) | do hereby certify that I have this day at |
(place) duly celebrated Marriage between (name designation and residence of husband) and (name designa
tion and residence of wife) after declaration duly made as by law required.
Signature of Minister or Registrar.
A. B.
| Signatures of parties ( C D . | Signatures of ( G. H. |
| to Marriage | . . | I E . F . | Witnesses.. | ( I . | K. |