No. VII.
An Act to remove Doubts as to the Validity of certain Marriages had and solemnized within the Colony of New South Wales by Ministers of the Wesleyan Methodist Society and to regulate the Registration of certain Marriages Baptisms and Burials. [5th September, 1839.]
| WH E R E A S doubts may hereafter arise concerning the val idi ty of | mar r iages which have been had and solemnized wi th in t he |
Colony of New South W a l e s by Minis ters of t h e Wes leyan Methodis t Society and whereas it is expedient t h a t such doubts should be quie ted and tha t t he L a w respect ing such marr iages should be declared for the fu ture Be i t therefore declared and enacted by H i s Excel lency the Governor of N e w South Wales wi th t h e advice of t h e Legislat ive Council thereof Tha t all mar r iages before t h e pass ing and publ icat ion of th is A c t h a d and solemnized by ordained or officiating Minis ters of t h e Wes leyan Methodis t Society shall be a n d shall be adjudged esteemed and t a k e n to have been of the same force and effect in law as a n d no o ther t h a n if such marr iages had been had and solemnized by
| Clergymen | of | t he | C h u r c h | of | E n g l a n d | Presby te r i an | Minis ters | or |
| R o m a n Catholic Pr ies t s according to t he r i tes and ceremonies of | the i r |
| respective | churches . |
2. A n d be i t enacted Tha t from a n d after t h e pass ing and publ ica t ion of th i s A c t all mar r iages be tween persons bo th or one of such persons be ing members or a member of or holding communion wi th t h e Wes leyan Methodis t Society and m a k i n g a declarat ion to t he effect hereinafter ment ioned which mar r iages shall be had and solem- nized wi th in t he said Colony by an ordained Minis te r of t he Wes leyan Methodis t Society duly appointed by t h e Br i t i sh Conference of t h e
| Wes l eyan | Methodis t s or by the Dis t r ic t Commit tee | of | Wes leyan |
Methodis t Min is te rs of t h e Colony of N e w Sou th W a l e s shall bo and shal l be adjudged esteemed and t aken to be of t h e same force and effect in law as a n d no o ther t h a n if such mar r i age were had and solemnized by Clergymen of t h e Church of E n g l a n d Presby te r i an Minis te rs or
| A A n d t h a t the Min is te r by w h o m any such mar r i age as aforesaid shal l be solemnized shall immedia te ly upon the solemnization thereof certify such mar r i age by a wr i t ing unde r his h a n d in dupl ica te subjoined to or endorsed upon t h e declarat ion in dupl icate hereinbefore ment ioned specifying in such certificate t he names and descriptions of t h e prr t ies between w h o m and of t h e witnesses in whose presence t he said mar r iage has been had and solemnized and the t ime and place of t h e celebration of t h e same according to the form he reun to annexed and m a r k e d wi th t h e le t ter B and such cer tificate in dupl icate shall be also signed for thwith by t h e part ies | en te r ing |
| R o m a n | Cathol ic Pr ies ts according to t h e r i tes and ceremonies of | the i r |
respective churches Provided always t h a t from and after t he passing of th is A c t no such mar r i age as last aforesaid shall be h a d and solemnized un t i l b o t h or one of such persons (as t he case m a y be) shall have signed a declarat ion in wr i t i ng in dupl ica te s ta t ing t h a t they or he or she (as t he case m a y be) are or is members or a member of or hold communion wi th t he Wes leyan Methodis t Society
| according | to t h e form | he reun to annexed | and m a r k e d | wi th t he let ter |
ente r ing in to such mar r iages and by the witnesses to the same accord ing to t he said last ment ioned form and t h e Minis te r officiating shall deliver one dupl icate of such declarat ion and certificate to t he persons mar r ied or to one of t h e m and shall t r ansmi t the other duplicate of such declarat ion and certificate to t h e Reg is t ra r of t he Supreme Court ,
3. A n d be it enacted Tha t a certificate of every bap t i sm or
| bur ia l solemnized or performed by any ordained Minis te r of t h e | W e s |
| leyan Methodis t | Society shall be t r ansmi t t ed b y t h e Minis ter | officiating |
| wi th all convenient speed to the Reg i s t r a r of t h e Supreme | Court . |
4. A n d be it enacted Tha t as often as any such duplicates and certificates of marr iages and certificates of bapt i sms and burials a re t r ansmi t t ed to t he Reg i s t r a r of t he Supreme Cour t as hereinbefore directed t he same shall be by h im safely kep t from damage and be so a r ranged as to be resor ted to w h e n requi red and one general a lphabet ica l list shall be made in books to be kep t for such purpose of t h e names of all persons and places the re in respectively which w i t h t h e said duplicates and certificates as aforesaid shall be open to publ ic search a t all reasonable t imes on p a y m e n t of one shi l l ing for each n a m e searched for by t h e p a r t y or par t ies searching who shall s ta te a t t he t i m e of such search t h e n a m e or names of the person or persons sought for and certified copies of such dupl icates a n d certificates respectively shall be received a n d t aken in all Cour ts of Law and E q u i t y wi th in t h e said Colony as evidence of t h e mar r i age bap t i sm or bur ia l of t he par t ies respectively n a m e d there in and for every such copy aforesaid a s u m of one shi l l ing and n o more shall be paid by t h e p a r t y r equ i r ing t he same.
| S C H E D U L E S | R E F E R R E D | TO. |
| A. |
| I A .B . (or we as the case may require) do hereby declare that I am (or we are) a member (or members) of or hold communion with the Wesleyan Methodist Society. | (Signed) | A. B . |
| |
B .
I E . F . Minister of the Wesleyan Methodist Society do hereby certify that A. B . of
| and C. D. of | [here describe the residence of the |
| parties | married"] were joined in wedlock by me on the | day of |
| 18 | at | in the presence of [here describe the names and residences of the |
respective witnesses to the marriage ceremony who intend to subscribe the certificate'].