Marriage Act 1867 (SA)

ANNO TRICESIMO PRIM0

A.D. 1867.

No. 15.

An Act to consolidate and amend the Laws relating to Muwiages ifi

the Province of' South Australia.

[Assented to, 19th December, 1867.1

HEREAS it is expedient to consolidate and amend the Laws Preamble.

W relating to Marriages in the Province of South Australia,	and to remove rqoubts which have arisen as to the validity of certain
marriages heretofore celebrated in the said Province-Be it therefore Enacted, by the Governor-in-Chief of the Province of South Aus- tralia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

2M

1. This Act may be cited for all purposes as "The Marriage

Act, 1867."

2. This Act shall come into operation on the first day of March, ~ommence&ent

1868. AC~.

3. Except as hereinafter provided, the Ordinances and Acts Repeal o f ~ c t a.

specified in the First Schedule hereto shall, to the extent therein ex-

pressed, be, and the same are, hereby repealed.

4. Where, before the coming into operation of this Act, any Saving of righta aria

offence has been wholly or partly committed against any of the ~ ~ u n d e r m p e a l d

Ordinances or Acts so repealed, or any penalty thereunder has been incurred, or any act or thing has been done or registered, or rule, regulation, order, or appointment has been made under the authority of my such Ordinance or Act, or where any marriage has been

declared

31" VICTORIB, No. 15.

The Marriage Act.-1 867.

declared valid under any such Ordinance or 9ct, or where, in respect of any matter or thing done prior to the coming into operation of this Act, any right, liability, privilege, or protection accrues or has accrued, or any action, suit, prosecution, or other proceeding has been commenced, every such offence shall be dealt with and punished, and even such penalty shall be recovered, and every such act, thing, rule, reg;lation, order and appointment, and every such marriage, and every such right, liability, privilege, and protection shall con- tinue and be in force, and every such action, suit, prosecution, or other proceeding shall be prasccuted, continued, or defended in the same manner as if such Ordinances or Acts were not repealed.

Validity of previous

marriages. 5, Every marriage in fact hertofore bond fide celebrated in the

said Province, shall be deemed a legal and'valid marriage to all

d

Registrar-General of

Birthe, &C., and 6. The present Registrar-General of Births, Deaths, and Mar-

Deputy Registrar to	riages, and the present Deputy Registrar of Births, Deaths, and
be Registrar-General
and Deputy Registrar	Marriages, shall be Registrar-General' and Deputy Registrar of
of Marringea, &c.	Marriages, respectively, under this Act; and the present office in the City of Adelaide fbr keeping a General Register of Births, Deaths, and Marriages, in the said Province shall be the office in the City of Adelaide for keeping a General Register of hlarriages under this Act: Provided that it shall be lawful for the Governor from time to time, as he shall think fit, to appoint persons to and remove persons from the office of Registrar-General of Marriages and Deputy Registrar of Marriages, and to appoint any other building to be the office for keeping such General Register of Mar- riages; and all sucli appointments and removals and alterations shall be duly notified in the Government Gazette,

Distr;ct Registrars of	7.	All districts which, at the time of the coming into operation of
Births, Deaths, and

Mmiage8a be D*	this Act, or from time to time thereafter, me or shall be duly pro-
triot Regiat~ms of	claimed to be Registrars' Districts, under provisions of an Act, No.
Marriages.
3 of 1855-6, intituled "An Act to amend the Law relating to
registering of Births, Deaths, and Marriages, in the Province of South Australia," or of any Act hereafter to be in force for regula- ting the registration of b&hs and deaths, shall respectively b; the districts of the District Registrars of Marriages under this Act;
and all District Registrars of Births, Deaths, and Marriages for
the time being, duly appointed and acting under the provisions of the said Act, or any such other Act as aforesaid, shall be District Registrars of Marriages under this Act for the respective districts to which they shall have been or shall be respectively appointed.

Oficiatingminidm	8. Every minister of religion	name shall at the time
under repealed Acts

&',',*M bbeofioiating when this Act comes i ~ t o be found entered as an

9 ~J'+T;? m d ~ r this ~Wciating minister in the the Registrar-General, as

prescribed bg the sections of the Act

-* No. 12 of fifth regulating Mar-

" * .\.. --.-. xiages

31" VICTORIAE, No. 15.

The Marriage Act.-1867.

riages in the Province of Sout a," and who shall have

duly entered his name upon the	y the Rekistrar-General
for that purpose, as prescribed	hth section of the said
Act No. 3 of 1855-6, an? who	ent has not heretofore

been cancelled, shall (unless any	ister of religion as afore-
said shall have ceased statedly	e as such) continue to be

an officiating minister under the	of this L4ct, and shall
haw, perform, and exercise the	duties and authorities,
and be subject and liable to the	ties in all respects as if

he had been enrolled as an offic	r under the provisions
in that behalf hereinafter conta

9. Every minister of religion, statedly officiating as such. who shall W s t e r a of religion may apply to be

hereafter desire to have his name enrolled as an officiating minister ,,roned,s

officiating

under the provisions of this Act, shall forward to the Governor an application to be so enrolled, together with the testimony of some person already on t,he roll hcreinbefbrc mentioned, in evidence of his qualification as a minister of religion, and that he is then statedly officiating as such; or he shall forward with suc,h application a cer- tificate from twenty householders stating that he his and has been the six months preceding statedly offiiciating as the minister of the congregation of which they are mcmbers.

10. Upon the receipt of such application supported as herein- Governor may direct enrolment of ministcre

before mentioned, the Governor may issue an instrument under his relizion ,, 0ficiat-

hand, directing the ~ e ~ i s t r a r - ~ e n & a l to enml such applicant as mhis'ers.

an officiating minister, with power to perform thc ceremony of marriage within the meaning of this Act, or with power to grant licences for marriages, and to perform the ceremony of marriage within the meaning of this Act. And the Rgistrar-General shall,

upon such instrument being presented to him, and - - -J -4- , , -/ Q @-L

make 4 C

an entry of such instrument in a book to be kept by him, and shall file and preserve the same among the records of his office, and shall give public notice in the Government Gazette of the enrolment of such person as an officiating rninistcr. .

11. The Governor may also in exceptional cases, such as when Governor may also

any religious body or society may have no officiating minister, and ,Ei,,trars.

appoint officiating

where in distant parts of the said Province there is no officiating minister or other person authorised to celebrate marriages thcre xcsi- dent, by an instrument under his hand direct the Registrar-General to enter any person to be therein named as an officiating registrar under this Act; and the Registrar-General shall, upon such instru- ment being presented to him, and upon the person therein named signing the roll hereinbefore prescribed to be signed by officiating ministers, make an entry of such instrument in the book before men- tioned, and shall file and preserve the same among the records of his office, and shall give public notice in the Government Gazette of the enrolment of such person as an officiating registrar; and all suEh oaciating registrars shall have, exercise, and perform the like

powers,

31" VICTORIZ, No. 15.

The Marriage Act. -1867.

powers authorities, and duties in reference to granting of marriage licences, and the celebration and registration of marriages as are by this Act conferred or imposed upon officiataing ministers.

Governor may direct

enrolment of 12. Upon a complaint in writing being preferred to the Governor

otscintlng miniatan	by the Registrar-General, or by any officiating minister then on the
to be cancelled.	roll through the Registrar-General, setting forth that any officiating minister or officiating registrar has ceased to be qualified to be an officiating minister or officiating registrar, or has been guilty of any wilful irregularity in the issue of any licence, or in the debration of any marriage, or has neglected to forward the certificate or reports required by this Act, the Governor may call upon the person so complained of to disprove the statements contained in such com- plaint; and if such person shall not, to the satisfaction of the said Governor, disprove the charges so preferred against him, and in the case of an officiating minister shall not also show thar; he still continues statedly to officiate as a minister of religion, the said Governor may, by an instrument under his hand, direct that the enrolment of such person as officiating minister or officiating registrar, as the case may be, shall be cancelled; and thereupon the Registrar-General shall make an entry of such enrolment being so cancelled, and shall notifjr the samt! in the Goverr~ment Gazette ;
and upon such notification appearing in the said Gazette, as afore- said, the powers and authorities of such officiating minister or officiating registrar, respectively, under this Act, shall absolutely cease and be determined.
Registrar-Generalto
publish list of minis-	13. The Registrar-General shall caused to bc published in the which this Act shall comc into operation, a list containing the names of all those persoris then entered in the book, and who shall have duly entered their names in the roll hereinbefore

ters on roll	officiat- Government Gazette on the Thursday next preceding the day on
ing miniatem.

mentioned, as officiating ministers under the said repealed Acts, or either of them, who may then be alive, and whose appointments

may remain uncancelled: Provided that thc said Registrar-General

shall omit from such list the names of any persons so entered as officiating ministers, who at the time aforesaid are not statedly officiating as ministers of religion; and it shall be the duty of the said Registrar-General to institute such inquiries as to him may seem necessary for the purpose of cnabling him to exclude from such list the names of all such persons as may not, at the time aforesaid, be actually statedly officiating as ministers of religion; and the production of the Gazette containing such list shall be con- clusive evidence for all purposes that the persons whose names are included in such list were, at the date of such publication, officiating ministers under the provisions of this Act.

Notification of ap- 14. All notifications published by the Registrar-General in the

pointment of of&

o i B t i o g m ~ ~ r s p u b - Government Gazette of the enrolment of any officiating minister

"ahd dp to in or officiating registrar, or the cancellation of any such enrolment,

uonolusxve evldenoe.

s h d be csnclusive evidence thereof for all purposes.

- U 15. The

31" VICTORIA?,, No. 15.	123
The Xarringe Act.-41 867.

15. The following persons, and none other, may celebrate Pereona authorized to celebrate marriagw. 1

marriages in the said Province :-

I. Officiating ministers and officiating registrars duly enrolled

under the foregoing provisions:

11. The Registrar-General of Marriages, the Deputy Registrar

of Marriages, aud all District Registrars of Marriages as

hereinbefore mentioned, within their respective districts:

Provided that no officiating minister or officiating registrar shall be compelled to perform the marriage csremony in cases where he may have a conscientious objection to do so.

16, Before any marriage can be celebrated the parties must Marriage to be by

either have obtained a certificate from the Registrar-General, or "cence Or ce"cate*

some District Ilegistrar of Marriages, or they must have obtained a

licence, as hereinafter mentioned.

17. In case it is desired to o certificate from the Registrar- If by oertificate par- ties to give notice.

General, or any District Regis e of the parties shall, under

his or her hand, give notice,	rrn in the Second Schedule	4-345	'cgZ---
hereto, to the Registrar-Gener	e District Registrar of the

district, within which the parties dwelt for not less than

seven clear days then next	or if the parties dwell in
different districts they shall	ke notice to the District

Registrar of each district, a	ay be, and shall therein
state the name and surnam	ofession or condition of
each of the parties intcndi	e dwelling place of each

of them, and the time tha has dwelt therein, and

the building, or office, or p	which the marriage is to
be celebrated.

18. The person giving suc ce as aforesaid shall make a One the pertie8

solemn declaration, in the fo	tained in the Third Schedule make declaration.
hereto, which solemn dcclar	e Registrar-General and the

District Registrars respectiv	reby empowered and required
to hake ; and any such Regi	ral or District Registrar, who
shall knowingly or wilful1	ertificate as hereinafter men-

tioned, before such declara	made, shall be guilty of a
misdemeanor.

19. The Registrar-General and all District Registrars respec- Registrars to keep

tively shall file all such notices and keep them with the records of	a book-
their office, and shall also forthwith enter a true copy of all such notices fairly into a book, to be furnished by the Government, and
to be called "The Marriage Notice Book," and the marriage notice
book shall be open at all reasonable times to all persons desiring to inspect and search the same, and for every such entry or search there shall be paid to the Registrar-General or District Registrar a fee ot TWO Shillinga and Sixpence: Provided that before the copy of any such notice shall be so entered in the notice book, some credible

person

2N

31" VICTORIfl, No, 15.

The Marriage Act.--1867.

person known to the Registrar-General or District Registrar re- spectively shall satisfy him, if he think fit to require it, of the truth of the several particulars set forth in such notice.

After daye

oertifioate of notice to

be given, if not

forbidden.

elapsed since the entry of such that the issue of such cer-

tificate has not been forbidden	or persons authorized
in that behalf; and for every	the Registrar-General

or District Registrar shall be a fee of One Shilling.

I W U ~	of oertificate	21. Any person whose consent to a marriage is required by this Act, may and is hereby authorized to forbid the issue of any such certificate by writing the word " Lorbiddcn " 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 reason of which he or she is so autlioriaed; and on tne entry of such prohibition in the notice book, the 'Registrar-General or District Registrar shall forthwith inform one or both of the parties intending marriage of the same; and in case the issue of any such certificate shall have been so forbidden, no certificate as aforesaid shall be issued.
be

Resietrmmay grant

licencea. 22. The Registrar-General zrnd all D' trict Registrars within their respective districts shall have power to ant licences for marriages

2 4.3~6	@ 2	under this Act, which licences shall be	n the form contained in the
Fifth Schedule hereto; and for every s t	ch licence such Registrar-
General or District Registrar shall	titled to receive from the
party requiring the same the sum

officiating ministers 23. All officiating ministers and

may pant licencer power to grant licences for shall be in the form

31" VICTORIB, No. 15.

The Nnrriuge Act.-1 867.

ating minister, or officiating	who shall knowingly and
wilfully celebrate any	such declaration shall have
been made and signed,	a misdemeanor.

25. If either party to any intendedbarriap, not being a widower Minora consent to of havewritts. parent or

.guardian.

or a widow, shall be under the age of twenty-one years no certificate registrar, as the case may be, of the written consent of the parent or guardian of the said minor, to the said marriage: Provided that if the applicant for such certificate or licence shall, to the satisfaction

authorizing such marriage shall be issued, nor shall any licence for

such marriage be granted without the production to the Registrar-

of such Registrar-General, District Registrar, officiating minister, or

officiating registrar, show that such parent or guardian is not resi- dent in the said Province, or shall assign other satisfactory grounds for not having obtained such written consent, the same may, in the discretion of such Registrar-General, District Eegistrar, officiating minister, or officiating registrar, be dispensed with; anci thcreupon such certificate or licence may be issued as if such parties were both of full age.

26. Any person may enter s caveat with thr Registrar-General, ~ ; ~ ~ ~ J ~ ; J ~ ~ ~ ~

or any District Registrar, officiating minister, or officiating registrar, soenoe.

against thc grant of a licence for the marriage of any person

named therein; and if any caveat be entered with the Registrar-

General, or any District ~igis t rar, officiating minister or offi;iating

registrar, such caveat being duly signed by or on behalf of the persons who enter the same, together with his or her place of residence, and the ground of objection on which his or her caveat is foundcd, no licence shall be granted until such Registrar-General, District Registrar, officiating minister, or offici- ating registrar, shall have examined into the matter of the caveat,

the party entering the same: Provided always, that in the case of a	licence for the said marriage, or until the caveat be withdrawn by and be satisfied that it ought not to obstruct the grant of the	District Registrar refusing the grant of a licence, the person applying for the same shall have a right to appeal to the Registrar-Cieneral, who shall thereupon either confirm the refusal or direct the grant
of the licence.

27. Every person who vexatiously, and without any reasonable Pe~son.~ vexatiously

entering caveet to be

or probable cause, shall enter a caveat against the grant of n licence 1 iable for damagelr

c

for the marriage of any person, or shall forbid the issue of a and

certificate in manner before-mentioned, shall be liable for the costs

of the proceedings, and for damages, to bc recovered in any Court

of competcnt jurisdiction, by the party against the grant of a

licence for whose marriage such caveat shall have been entered, or

whose marriage shall have been forbidden.

8 98. Upon the delivery of any such licence ss aforesaid to the Mamiwonthe p z o n authorized to perform the ceremony of marriage mentioned delivery of licence.

therein,

31" VICTORIliE, No. 15.

- --

The Marria,p Act.-1867.

-.-p - .

--

therein, and whether such person be the Registrar-General, District Registrar, officiating :minister, or officiating registrar, granting such licence, or not, or upon the production of any certificate of the Registrar-General, or any District Registrar under the foregoing pro- visions, the lnarriagc of thc parties named therein may be celebrated at the place named in such licence or certificate, and in the presence of'the person authorized to perform the ceremony.

Marriage how to be

celebrated. 29. All marriages may be celcbr ed in the place and between and by the parties described in the cence or certificate, according

l # 3 to such form and ceremony as the may think fit to adopt: Pro- vided that such marriage shall ta e place with open doors, and that in some part of the ceremon, and in the presence of the Registrar-General, District Registr, officiating minister, or offici- ating registrar, conducting the sa e, and two or more witnesses,

each of the parties shall say to the I ther-

I call upon these persons here present to do take thee, CD., to

be my lawful

Or words to that effect:

Marriage to be

within three months	30, Unless a marriage shall be had and celebrated in pursuance of cdendar months after th;: grant of such licence, or issue of such certificate, such licence or certificate shall be void, and of no effect, and no marriage shall be had and celebrated in pursuance thereof; and any person knowingly and wilfully celebrating any such marriage, after the expiration of the period aforesaid, shall be guilty of a rnisdemeanor.
from issueof licence	any licence or certificate granted or issued as aforesaid, within three
or certificate.
Feee to be paid to
Registrars.	31. The Registrar-General, and all District Registrars, shall be entitled, for evcry marriage celebrated by him or them respectively, under this Act, to receive from the parties married the sum of Ten Shillings. ,

Forme to be furnished 32.

The Registrar-General shall furnish to cvery District Registrar, officiating minister, and officiating registrar, such printed forms as may be necessary to enable them to register marriages, in conformity with, and otherwise to observe, the provisions of this Act.

to Registrara, &c.

MarGage Certificate. 33.

The Registrar-General, and every District Registrar, officiating minister, and &Ficiating registrar shall make out in triplicate a c&- tificate according to the form contained in the Sixth Schedule hereto, of every marriage celebrated or contracted before him, and the parties contracting such marriage, and also the witnesses

thereto, shall S * attest their names and places of abode on

such certificates, and such Kegistrar-General, District Registrar, officiating minister, or officiating registrar, shall also S' n his

name, and shall deliver one of such certificates immediate y a %€a

themarriage to one of the parties thereto, and shall also withh

seven

310 VETORIB, No. 15.

me Marriage Act.-1867.

seven days forward another copy of such certificate to the Registrar of the District in which such marriage shall have been celebrated or contracted, and the triplicate, together with the certificate or licence authorizing the marriage, the declaration or declarations signed by the parties to the marriage, and the written consent of the parent or guardian (if any), to the Registrar-General, under a penalty for every failure so to do, of a sum not exceeding Ten Pounds; and the Registrar-General, and every District Registrar shall carefully preserve all such certificates, numbering them in consecutive series according to their dates, and shall from time to time cause them, so arranged, to be bound up in convenient volumes to con- stitute respectively the General and District Registcr of Marriages; and the Registrar-General shall also preserve amongst the records of his office, all such certificates, licence^, and declarations fortvarrled t~ him as aforesaid.

34. Every District Registrar, officiating minister, and officiating Qultrterlp return o f marria es to be made

registrar shall once in each period of three calendar months, upon a egistrar-

a day to be for that purpose by publication in the Government General.

Gazette appointed, or within seven days thereafter forward to the Registrar-General a report authenticated by his signature of all marriages by him performed during the preceding three calendar months; distinguishing such, if' any, as may have been performed by licence, or a nil account if no marriages have been performed by him within such period; and if he shall fail to make such report within such time, or shall make a false report, he shall be subject to a penalty not exceeding Ten Pounds.

35. The Eegistrar-General and every District Registrar shall Index to be kept.

cause indcxes of the registry books in his office to be made and kept with the other records of his office, and cvery person shall be entitled at all reasonable hours to search the said indexes, and to have a certified copy of any entry or entries in the said register books

under the hand of the 1Ccgistrar-General or District Registrar on	payment of the fees hereinafter mentioned, that is to say-For any
general search the sum of Two Shillings and Sixpence; and for any particular search the sum of One Shilling; and for every such certified copy the sum of Two Shillings and Sixpence.
hand and seal of the Registrar-General or of any District Registrar evidence, 36. A11 certified copies of entries purporting to be under the Certified copleg tobe
& aforesaid shall be received as primd fuoie evidence in any Court of Justice within the said Province of the marriage to which the same relates without any further or other proof of such entry; and upon a certificate being made by the Registrar-General that the register of marriages for any specified period, and for any par-
ticular district is lost or destroyed, then and in all such cases the
certificate of such Registrar-General, under his hand and seal, shall be received as evidence in any Court of Justice within the said Pro- vince of the matter to which the same rclates witbout further proof being required, and for every certified copy so given under seal the

2 o Registrar-

31" VICTORI~E, No. 15.

The Marviage Act.-1 867.

Registrar-General or District Registrar shall be entitled to receive a fee of Seven Shillings and Sixpence.

Defects inobae~auce

of formalities not to 37. No marriage in fact shall be avoided by reason only of any the identity of the parties is not in queshon, o; of any dkfect or error in the issue of the certificate or licence under the authority of which the same is celebrated; nor shall it be necessary, in support of any such marriage to give any proof of the actual dwelling of either of the parties, previous to the marriage, within the district wherein such marriage was celebrated, or of thc consent of any person thereto whose consent is required by law, nor shall any evidence be given to prove the con.trary in any suit touching the validity of such marriage.

invalidate marriage. - defect or error in the declaration made res~ecting the same. where

Register of Marriages or any

directed to be kept shall

marriages entered or

or registered shall

on the ground

Act required

Person making false

declaration or etate-	39. Any person who shall knowingl? and wilfully make any false of procuring any marriage, marriagc licence, or Registrar-General's or District Registrar's certificate, and any person who when entering a caveat as before mentioned, or forbidding the issuc of any such certificate as aforesaid, shall knowingly and wilfully make or sign any false statement, or shall falsely represent himself or herself to be a person whose consent to such marriage is necessary, knowing such statement or representation to be false, shall suffer the penalty
ment liable to the	declaration, or sign any false notice or certificate, for the purpose
penalties of perjury.
of perjury.
celebrated marriage
Persona unduly	40. Every person who shall knowingly and wilfully celebrate building, office, or private house specified in the certificate or licence authorizing such marriage, or after the expiration of three calendar months from the date of such certificate or licence, shall be guilty of misdemeanor.
guilty of a misde-	any marriage in the said Province in any place other than the
mcanor.
Registrar wilfully	41. Any Registrar-General, or District Registrar, who shall expiration of three calendar months after the notice shall have been entered by him as hereinbefore provided, or before the expira- tion of fourteen days after the entry of the notice, or shall issue any certificate the issue of which shall have been forbidden as aforesaid, by any person authorized to forbid the issue thereof, or who shall knowingly and wilfully register any marriage which has been cele- brated in deliberate contravention of the provisions of this Act, and every Registrar-General, District Registrar, officiating minister, or

cOnbav"ng guilty of felony. the Act knowingly and wilfully issue any certificate for marriage after the

officiating

31" VICTORIB, No, 15.

me Marriage Act,-1867.

officiating registrar, who shall knowillgly and wilfully celebrate any

such marriage shall be guilty of felony.

42. Any person duly authorized or required under this Act to Penalty for wilfully celebrating marriage

issue licences or certificates for, or to celebrate, or be present at the consent

celebration of marriage, who shall knowingly and wilfully, without parents where either	of the parties under
the written consent of parent or guardian (unless such consent has
been dispensed with as hereinbefore provided by Section twenty- five), issue any licence or cert.ificate for, or celebrate or be prcsent at any marriage wherein one or both of the parties has or havc not attained the full age of twenty-one pears, shall, for every such offence, forfeit and pay a sum not less than Fifty Pounds and not exceeding Five Hundred Pounds.

43, The Registrar-Gcneral, District Registrar, officiating minister, Furnishing fn l~e	in-
'"-

or officiating registrar, before whom any marriage is celebrated furmatiO"O serted In certificate to

according to the provisions of this Act, may ask thc partics to be be ueiurs.

married the several particulars touching such rnarrirrgc required to be entered in the certificate thereof, as hcreinbefore provided; and every person who shall wilfully make, or causc to be made, any false statement touching any of the particulars rcquired to be known and entered as aforesaid, shall bd subject to the same pains and penalties as if he were guilty of perjury.

44. Every District Registrar, officiating minister, or officiating Penalty for not duly

registrar, who shall neglect or refi~se to forward to thc Registrar- ~ ~ i ~ ~ ~ ' i f ~ i a ~ e r i a g e a

General and District Registrar the certificate of any marriagc registers. register any marriage of which hc shall have had due notice as aforesaid, and every person having thc custody of any register book, or certified copy thereof, who shall losc or injure the same, or allow the same to bc injured whilst in his keeping, shall forfeit and pay a sum not less than Five Pmnds and not exceeding Fifty Pounds for every such offencc. 45. Every person who shall wilfully destroy or injure, or cause to o,,t,u,ti,, ,,

celebrated by him, as hcreinbefore directed, and every District

be destroyed or injured, any register book, or any part or certified ;2$t;;:z;;;l;&

copy of any part thereof, or shall falsely make or counterfeit, or

cause to be f'alsely made or counterfeited, any part of any such register book or certified copy thereof, or shall wilfully inscrt or causc to be inserted, in any register book or certificd copy thereof, any false entry of any marriage, or shall wilfully give any false certificate, or shall certify any writing to be a copy or extract of any register book, knowing the same to be false in any part thereof, or. shall forge or counterfeit the seal or signature of the Xegistrar- General or of any District Registrar, shall be guilty of felony.

46. No person charged with the duty of registering any marriage Accidental errorrrmsg

who shall discover any error to have been committed in the form or be "Meteat

substance of any such entry, shall be therefore liable to any of the

penalties

31TICTORIA3, No. 15.

The Marriage Act.-18 67.

penaltiee aforesaid, if within one calendar month next after the &S- covery of such an error, in the presence of the parties married, or

in the presence of the Registrar-General or District Registrar and

of two credible witnesses, who shall respectively attest the same,

he shall correct the erroneous entry according to the truth of the

case by entry in the margin, without -any alter&n of the original entry, and shall sign the marginal cntry, and add thereunto the day of the month and year when such correction shall be madc; and such District Registrar shall thereupon notify the particulars of such correction to the Registrar-General, who shall make a marginal entry of such correction in the general register, affixing his signature

and the date of such correction.

Limitation of prose- :	cution.	47. No prosecution under this Sct shall be commenced except within the space of two years after the offence was committed.
In csaea of fraudulent
marriage8 the guilty	48. If any valid marriage shall be had under the provisions of this affirmation, madc by either party to such marriage as to any matter to which a notice, certificate, declaration, or affirmation is herein required, it shall be lawful fbr the Attorney-General to sue for a forfeiture of all estate and intereit in any property accruing to the offending party by such marriage and the proceedings thereupon, and thc consequences thereof shall be similar to the proceedings provided in the like case with regard to marriages celebrated in England by licence before passing of this Act, according to the rites of the Church of England.
party to forfeit all	Act by means of any wilfully false notice, certificate, declaration, or
property accruing
from the marriage.

Summary procedure. 49, All proceedings for the recovery of any pecuniary penalty by

this Act imposed for any omissions, defaults, acts, or ofl'ences shall

be had and taken, and may be had and determined in a summary

way, by any Special Magistrate or two Justices, under the provisions of an Ordinancc of the Governor and Legislative Council, No. 6 of

Peace out of sessions with respect to summary convictions and orders,"	1850, To facilitate the performance of the duties of Justices of the
or of any Act hereafter to be in force relating to the duties of Justices with respect to summary convictions and orders, and all convictions and orders may be enforced as in the said Ordinance or in any other
Act is or shall bc provided.

Appeal to Adelaide

Looal Court of Full	50. There shall be an appeal from any conviction by any Special Magistrate or Justices for any offence against this Act, or from any order dismissing any information or complaint, which appeal shall
Jurisdiction.
be to the Local Court of Adelaide of Full Jurisdiction only, and the
proceedings on such appeal shall be conducted in manner appointed by the said Ordinance No. 6 of 1850 for appeals to Local Courts, or any Act hereafter to be in iorce regulating such appeals; but the Local Court of Adelaide aforesaid may make such order as to the payment of the costs of appeal as it shall think fit, although such costs may exceed Ten Pounds.

51. The

*

310 VICrTORIB, No. 15.

The Marriage Act -1867.

-

51. The Local Court of Adelaide, upon the hearing of any appeal, Local Court, upon hoariog of appea1,may

may state one or more special case or cases for the opinion of the a	,	,	apddaus.
Supreme Court, and the Supreme Court shall hear and decide such special case or cases according to the practice of the Supreme Court on special cases, and the Supreme Court shall make order as to costs of any special case as to the said Court shall appear just; and any two or more Justices, or the Local Court of Adelaide, shall make an order in respect to the matters referred to the Supreme Court, in conformity with the certificate of the said Supreme Court, or of any Judge thereof; which order of the Justices or Local Court shall be enforced in manner provided for the enforcement of orders of Justices, under the said Ordinance No. 6 of 1850, or other Act as aforesaid; and save as herein provided, no order or proceeding of any Special Magistrate or Juatices, or of any Local Court, made under the authority of this Act, shall be appealed against or re- moved by certiorari, or otherwise, into the Supreme Court of the said Province.

52. All moneys received for penalties imposed for offences againat Dispoeal of penalti~a-

this Act, shall be paid to the Treasurer on behalf of Her Majesty, Her heirs, and successors, for the public uses of the said Province,

and in support of the Government thereof.

In the name and on behalf of the Queen I hereby assent to

this Act.

D. DALY, Governor,

FIRST

31" VICTORIB, No. 15.

The Marriage Act.-1 867,

FIRST SCHEDULE.

Date of Ordinance

OX Act. Title of Ordinance or Act. Extcnt of Repeal.

----

6 Vict., No. 12 An Act for regulating Maniages in thc Province of Tho wholo.

South Australia

1844, KO. 4 An Ordinance to regulate Roman Catholic Marriages The whole.

in South Australia

1862, No. 18 An Act to amend the Law of Marriage in the Province The whole.

of South Australia

1862, No. 4 An Act to amend the Acts relating to Marriages in The whole.

the Province of Sonth Australia by extending certain provisions thereof to persons professing with the Society of Friends called Quakers

1856-6, No. 3 An Act to amend the law relating to Registering of So much thereof as relate

Births, Deaths, and Marriages in the Province	to marriages and the
of South Australia.	registration thereof.

SECOND

To the District Regis t ra r of t h e Dis t r i c t (or t o t h e Registrar-General).

I h e r e b y give you not ice t h a t a m a r r i a g e is in t o be had w i t h i n t h r e e ca lendar

m o n t h s from t h e d a t e hereof b e t w e e n m e o t h e r par ty h e r e i n n a m e d a n d

descr ibed ( t h a t is to say)-

- -

Building, oflice, or District in which the

Rank ?r Dwelling- private house where other party resides,

Name. Condition. Prufess~on. Age. place. the msrriage im to when the parties dwell

be solemnized. in different districts.

-	--
Tames	Widower
3mith
--
Mary	Spinster Rundle-

Green street m th 1

- A

W i t n e s s my h a n d this

(Signed) JAMES SMITH.

I. A.B., of in t h e Prov ince bf South Aus t ra l ia,

do solemly and sincerely declare tha t,

C.D., of I b a t h a t t h e r e

o r o t h e r lawful h indrance to t h e s a i d

space of seven days a n d t h a t I the, sa id years, or t h a t I the said A,B. not

the age of twenty-one years, and

above [or under-) the age of

31" VICTORIB, No, 15.

The Marriage Act.-1861.

I

or whose consent to the said marriage is aw required, has been duly 3 -

obtained, or but there is no person residing in this Pro	authorized to give consent
to such marriage; or but for thc reasons here assign	mely Lresidence of parent

not known, father in Lunatic Asylum, or lives in t North, or other su@cient

reason] the consent of the person authorized by 1 consent to such marriage

cannot be obtained [or as the case may be] : And	this solemn declaration
conscientiously believing the same to be true.

A.B.

Declared and subscribed by the above-named A this

day of 18 , before me.

E.F.,

Registrar-General, District

Registrar, or

I, the above-named C.D., of

the above declaration to be true, and

C.D.

Declared and subscribed by the above-named this

day of 18 , before rk.

E.P.,

Rcgistrar-Generai, District Re

Registrar, or Officiatin

FOURTH SCH

District Begistrar's Certificate (or R ral's Qert+atej.'

I, A. B., District Registrar of the District of for Registrar-General)

do hereby certify that on the notice was

duly entered in the marriage notice book of	District for at the General
Registry Office for Marriages) of the marriage	between the parties therein
named and described delivered under the han	ea Smith, one of the parties
(that is to say)-

3f Eull 10, Hindiey-/ Twenh I

age. street. three days.

-p----

More

~b~~ Ruadle- street. than a month.

And that James Smith (or Mary Green)

lenln declaration before me, as

required by law.

Date of notice

entered. The issue of this ce as not been forbidden by any

Date of certificate thc issue thereof.

given.

Witness my hand the

Thia certificate will be void unles

the

4 nsent to the proposed

marriage between A.B. and C.D., in

the said A.B. (or C. D.), who is un	years, and for whose
marriage with

Thia

FIFTH

31" VICTORIB, No. 15.

The Nurria~e Act.-1867.

1 fc%'-L ed to enter into a contract of

%J$S@,	t, 1867," and are desirous that
U, A. B. (or C. D.), have signed f kindred or alliance, or other

are under the age of twenty-one guardian, as by law required, has

SIXTH SCHEDULE.

,A%--

.L Certificate of Marriage,

18 . Married in the District of

When Name and sur- Trade Residence at / Name and sur- 'lace in which

name to be Age. Conhtion. or time of name of fathers

h' - caning. murrmge. of both partiea.

r. 3 0 W --p

2 Jan. 9 John Proby 31 Bachelor Farmer Edward Proby

to Mitcham

Bllen Smith 22 Spinster / Walter Smith

-----

Trade Or

Name. Residence.

This marriage was calling.

Jobn Proby

celebrated be- PreBence William Gull Shoemaker Goodwood

Ellen Smith

tween ue I"'"' Thomas Parker h m e r Mitcham

- 11

The above-named John Proby and Ellen Smith were duly married by or beforo me, at the timo and

place above-named, nnd in the presence of the witnesses whose signatures are above-written. Witness

my hand this day of , 18 .

E. F.,

Regietrar-General, District Registrar, Officiating Registrar, or Offlciating Minieter

fa4 thd case may be).

Adelaide : By authority, W. C. Cox, Qovemment Printer, North-terraoe.