Marriage Act 1882 (SA)

ANNO QUADRAGESIMO Q1Jlh"l'O ET QUADRAGESIMO

SEXTO

VICTORIAE REGINB.

A.D. 1882.

No. 243.

An Act to further amend " The Marriage Act, 1867," and

for other purposes.

[Assented to, Azcgzdst pth, 1882.1

HEREAS it is expedient to further amend The Marriage Act, Preamble.

W 1867"-.Be it therefore Enacted by the overn nor-in-chief of	the Province of South Australia, with the advice and coiiseiit of the
Legislative Council and House of Assembly of the said province, in
this present Parliament assembled, as follows:

1, This Act may be cited for all purposes as The Marriage Act short titlo.

Further Amendment Act, 1882."

2, " The Marriage Act, l867 " (save so fax as the same is altered Incorporation.

Marriage Act, 1867," shall have, and shall be deemed, from the ~ ~ ~ ~ O p ~, ", " ~, "

coming into operation of the said Act, to have had the powers, and

shall perform- and exercise, and shall be deemed to- have been

capable

hereby), shall be incorporated and construed herewith.

the person therein namcd signin6 the roll hereinbefore mentioned " i:; :,";;::;:;P" 3, Sections 8,17,18,20, 22,28, 24, and 29, and the words (' upon Repeal of secs. a, 17,

in section 10, and the Second, 'l'hlrd, Fourth, and Fifth Schedules of Third, Fourth, snd Fifth Schedulea of

the Marriage Act, 1867, are hereby repealed, except so far as relates

Act,

to anything lawfully done thereunder before the commeiicement of 1867.

this -4ct, and except so far as may be necessary to enable any

punishment or penalty to be inflicted or enforced for anything

contrary to the provisions of the said Act.

4. Any Deputy Registrar of Marriages appointed under " The Deputy Registrar to

4.5' & 46" VICTORIJE, No. 243.

The Marriage Act Further Amendment Act.-1 882.

capable of performing and exercising the duties and authorities of the Registrar-Generil of Marriages, and to be and to have been

subject to the same liabilities, penalties, and orfeitures. 5

Marriage, how to be 5,

All marriages may be celebrated in the place, and between the parties described in the licence or certificate, by the Registrar- General, Deputy Registrar, District Registrar, officiating registrar, or officiating minister named therein, according to such form and ceremony as such parties may think fit to adopt, and all marriages shall take place with open doors, and in the presence of two or more witnesses: Provided that all marriages celebrated by any officiating minister may be celebrated according to the usage

celebrated.

xud forms of the church, religious body, or society to which

he belongs, and the signature of such officiating minister to the certificate of marriage contained in the Sixth Schedule to '' The Marriage Act, l86 7," shall bc conclusive evidence that such marriage has been celebrated according to s~xch usage and forms: Provided also, that when any marriage is celebrated by any Rcgistra-General, Deputy Registrar, District Registrar, or officiating registrar, in some part of thc ceremony, in the prescnce of such Registrar-Gcneral, Deputy Registrar, District Registrar, or officiating registrar con- ducting the same, and two or more witnesses, cach of the parties shall say to the other, I call upon those persons here present to witness that I, A. B., do take thee, C. D., to be my lawful wedded wife (or husband)," or words to that effect: Provided, also, that there bc no lawful impediments to the marriage of such parties.

whose names are 6, Every minister of religion whose name shall, at the time The	Officiating ministers
entered upon the roll Marriage Act, 1867," came into operation, have been duly entered

~ ~ $ ~ ~ ~ ~ $ upon the roll then kept by the Rcgistrav-General of Marriages, as

by lict NO. 3 of

1865-6, to be officia- prescribed by the eighth section of the Act No. 3 of 1855-6,

ting mminters under intituled	An Act to amend the Law relating to the Registering of
the Mawiage ~ o t,

186i.	Births, Deaths, and Marriages in the Province of South Australia," and whose appointment had not theretofore been cancelled, shall
be and he deemed to have been, from the coming into bperatinn of The Marriage Act, 1867," an officiating minister under the pro-
visions of such Act, and shall have and be deemed to have had the same powers, and shall perform and exercise, and be deemed to have been capable of performing ancl exercising the same duties a l d authorities, and shall be subject to and, from the coming into operation of such Act, shall be deemed to have been subject to thc same penalties as if he had been enrolled as an officiating minister under the provisions of such Act.

If marriage by 7.

I u case it is desired to obtain a certificate from the Registrar- General. the Dcputy Registrar of Marriages, or any District Registrar, one of the parties shall, under his or her hand, give notice, in the form in the First Schedule hereto, to the Registrar-General, Deputy Registrar, or to the District Registrar of the district within which the parties shall dwell, or if the parties dwell in diff'erent districts they shall give the like notice to the District Registrar of each district,

cate, p~rties	to	g i ~	e
notice.

The Muwiage Act Further Amendment Act.-1 882.

as the case may he, and shall therein state the name and surname,

and the profession and condition, of each of the parties intending

marriage, thc dwelling place of each of them, and the building, or

office, or private house, in which the marriage is to he celebrated.

After fourteen days,

8. After the expiry of fourteen clear days from the entry of such certificate of notice to

notice, the Registrar-General, Deputy Itcgistrar, or District Registrar,	be giveu if not
upon being requested so to do by and on behalf of the party by whom	forbidden.
the notice was given, shall issue uider his lmcl a certificate i11 thc form in the Second Schednlc hereto: Provided that no lawful impediment be shown to the satisfaction of the Registrar-General, Deputy Registrar, or District Registrar, why such certificate should not issue, and provided that the issue of such certificate shall not haw been sooner forbidden by any pcrson or pcrsonsauthorised in that behalf, ns in " The ~ a r r i a i e r\ct, 1867," is providrd; and every such certificate shall state the particulars set forth in thc notice, the day on which the notice was entered, and that the full period of fourteen clear days has elapsed since the c n t r ~ of such noticr, aacl that the iswe of such certificate has not been *forbidcllcn
by any 13mm11 or persons authorised in that behalf; and for every such certificate the Rcgistrar-Gcncrnl, Deputy Registrar, or District Registrw shall be entitled to receive a fee of One Shilling.

9, Thc Rcgistrar-General, the Deputy Registrar, aild all District Registrar-General,

Kegistrars, within their respective districts, shall have pomcr to grant	ncpnty nnd District
Regi~trms, may grant
licences for marriage, under " Thc Marriage Act, 186'7," which	licorlccs for marriages.
licences shnll bc in the form contained in thc Third Sclleclule hereto, and for every such licence snch Registrar-General, Deputy- Registrar, or District Registrar, s l d l Fe entitled to receive from the party requiring the same the sum of Three Pounds.

10. All officiating ministers and officiating rcgistm.rs shall have	and officiating
Officiating ministers

power to grant licences for marriages under The Marriage Act, registrars may grant

1867," which licences shnll be in the form contained in the Third livences for mai~iages.

Schedule hereto.

11, Beforc any marriage, whether the same is to be celebrated in pursuance of	Xoth parties to sign
deularihon before

a licence or a certificate, shall take place, both the parties nmmmiago.

thereto shall make and sign a declaration in the form in the Fourth Schedule hereto, which declaratiou the Registrar-General, the Deputy Iiegistrar, and all District Registrars, oficia ting ministers, and officiating registrars, arc hereby empowered nnd required to take; and any Rcgistrar-General, Ikputy Registrar, Distrit: t Registrar, officiating minister, or officiating registrar, who shall knowingly and wilfully celebrate any marriage before such declara- tion shall have been made and signed shall be guilty of misdcmeanor.

12. All marriages in fact bond j d e celebrated by any officiating	by offichiting minister
Rfarriages ce1el)ratcd

minister since the coming into opcrrttion of " The Marriage Act, 186 7," accol ding to formu of

in the presence of two or more witnesses, according to the usage autl	chnwlr to which he
l~clongs to be, f ~ o m

forms of the church, religious body or society to which he belongs, the c6ining into

45 & 4@ VICTORIE, No. 243.

The Marriage Act Further Amendment Act.-1882,

o eration of the shall be valid and effectual, notwithstanding any omission to use, or

$niage Act, 1867,

a compliance with

certain requirements	the partial or incorrect use of, the words '' 1 call upon these persons
of section 29 thereof.	here present to witness that I, A. B., do take thee, C. I)., to be my lawful wedded wife (or husband)," or words to that effect: Provided that the other requirements necessary to constitute a valid marriage under 'L The Marriage Act, 1867," shall have been complied with, and that no lawful impediment existed at the time of such marriage.
Foo for cartifid

copies. 13, The Registrw-General, Deputy Registrar, and any District

Registrar shall charge and be entitled to receive a fee of Two Shillings and Sixpcnce only for any certified copy of entries under section 36 of "The Marriage Act, 1867," and the said section shall be read, construed, and have effect as if the words Two Shillings and Sixpence were inserted therein in lieu of the words Sewn Shillings and Sixpence in the last line thereof.

In the name and on behalf of Her Majcsty, I hereby assent to

this Bill.

WM. F. 1)RURIIRfONI) J ERVOIS, Governor.

FIRST

45' & 46u VICTORIE, No. 243. -- -p-

The Marriaye Act Further Amendment Act.-1882.

FIRST SCHEDULE.

Notice of Marriage.

'l'o f i e Kegistrar-General [or Deputy Registrar, or District Registrar of the

District of 3

I hereby give you notice, that a marriage is intended to be had, within three

calendar months from the date hereof, between me and the other party herein named

and described, that is to say-

District within whioh the other

Ihnk u ~ r d ~ $; , " ~ ~

Dwelling-

Name. ( Condition. or Age. I I U S ~ where the

place. W ~ ~ t ~ ~, " ~ ~, " & I )

Profession. dwell in differ-

:ZI",:,"~~B,;:, ent cliatticts.

--

James Smith	.. .. ..	,	Widower	Carpenter	25 years	Hindley -
street,
Adelaicle
-

-

Mary Green. . . . . .

I	Spinster	21 years	Rundle-
street,
I	ildelaide
l

Witness my hand this day of

(Signed) /

SECOND SCHEDULE.

.Registrar-General or Deputy Re8qisdrar1s Certz$icate, or District Registrar's

Certtyca te.

I, A. R., Registrar-General [or Deputy Registrar, or District Registrar of the

the District of I, do hereby certify that, on the day or

18 , notice was duly entercd in the marriage notice-book at the General

Registry Office for Marriages [or of thc said District of	1 of the
marriage

45' & 4@ VICTORIE, No. 243.

-.. - - .-- --

The Marriage Act Ftwther Anrendwent Act.--1882.

marriage intended between the part,ies therein named and described, delivered under

the hand of James Smith, one of the parties, that is to say-

-

District in

which the other

Rank or priPate ' party resides.

Name. Condition. or Age. housewlrere the

'::gg- where the

Profem.ion.	marriage i s to	parties reside in
be solemnised.	lifferent districts

- -

James Smith. . ,, . . Widower Carpenter 25 years Hindley -

street, Adelaide

-

Spinster

21 years	Rundle-
strcot,, Adelaide

Date of notice entered

The issue of this cgrtificate has not been forbidden by any person authorised to forbid the issue thereof.

Witness my hand the day of 18 .

(Signed) A. B.,

District Registrar [Registrar-General or Deputy Registrar.]

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

day of 18.

Ponn of Coment of Parent or Guardian.

1, of do hereby give my fuil consent to the

proposed marriage between A. R. and C. D. in virtue of my character as

to thc said h. H. [or C. D.], who is under the age of twenty-one years, and for whose

marriage with my consent is by law required.

(Signed)

This day of 18 .

THIRD SCHEDULE.

Licence for Marviaye.

Whereas you, A. B., and you, C. D., arc minded to enter into a contract of marriage under the provisions of " The Marriage Act, 1867," and " The Marriage Act Further Amendment Act, 1882," and are desirous that the same may be speedily celebrated, I do hereby grant unto you full licence, according to the autl~ority given to me by the above-recited Acts, to proceed to the celebration of such marriage: Provided that the marriage be celebrated a t [place where] by in the presence of two witnesses, within three calendar months from the date hereof, in

r~lacel

Given under my hand this day of 18 ,

E. F.

Registrar-G) eneral, Deputy-Registrar, District Registrar,

Officiating Kegistrar, or Officiating Minister [as the case may be].

FOURTH

'

45' & 46' VICTORIE, No. 243..

- -- - -

The Marriage Act Fzcrthes. Amendment Act.-1882.

FOURTH SCHEDUDE.

Declaration.

I, A. B., of in the Province of South Australia,

do solemnly and sincerely declare that, being about to contract marriage with one C. D., of I believe that there is not any impediment of kindred or alliance or other lawful hindrance to the said marriage; and that I the said A. B., and the said C. D., are both above the age of twenty one years, or that I, the said A. B., not being u widower [or widowj am above [or under] the age of twenty-one years; and the said C. D., not being a widow [or ~vidower] is above [or under] the age of twenty-one years; but the written consent of [parents or guardian], whose consent to the said marriage is by law required, has been duly obtained; or but there is no person residing in this province authoriscd to give conscnt to such marriage; or but for the reasons here assigned, namely Lresidence of parent not known, father in lunatic asylum, or other s@cient reason] the consent of the person authorised by law to consent to such marriage cannot be obtained [or as the case may he] : And I make this solemn declaration conscientiously believing the same to be true.

(Signed) A. B.

Declared and subscribed by tlw above-named h. B., at this

day of 18 , before me,

E. l('.,

Registrar-General, Deputy Registrar, District Registrar, Officiating

Registrar, or Officiating Minister [as the case may b e ].

I, the above-named C. D., of declare that I conscientiously believe

the above dec1aratic.n t,o be true, and hereto subscribe my name.

(Signed) C. U.

Declared and subscribed by the above-named C. D., at this

day of 18 , before me.

E. F.

Registrar-General, Deputy-Registrar, District Registrar,

Officiating Registrar, or Officiating Minister f a r the case may be).

p-

Adelaide : By authority, E, ~ J P I L L ~ ~ R, Goyernment Printer, North-terraoc.