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certificate in duplicate shall be also signed forth with by the parties entering into such marriage, and by the witnesses to the same; and the minister officiating shall deliver one duplicate of such declaration and certificate to the persons married, or to one of them, and shall transmit the other duplicate of such declaration and certificate to the chief secretary of government at the presidency within which such marriage shall have been had and solemnized.

SPACE LEFT,

FOR REFERENCE, IF NECESSARY,
TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1844.

MARRIAGES IN NEWFOUNDLAND.

procurg persons in

57 George 3, Cap. 51.–An act to regulate the celebration of mar. riages in Newfoundland. — Whereas a doubt has existed whether the law of England requiring religious ceremonies in the celebration of marriage to be performed by persons in holy orders, for the perfect validity of the marriage contract, be in force in Neufoundland; and by reason of this doubt, marriages have been of late celebrated in Newfoundland by persons not in holy orders: and whereas great inconvenience and irregularities may arise if these doubts shall continue to prevail; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual

and temporal, and commons, in this present parliament assembled, Marriages to and by the authority of the same, that from and after the first day of ed in New.. January in the year one thousand eight hundred and eighteen, all foundland by marriages had in Newfoundland shall be celebrated by persons in holy holy orders. orders; and all marriages which shall be contracted or celebrated in

Newfoundland contrary to this act, after the first day of January in

the year one thousand eight hundred and eighteen, shall be and are Pieciso from hereby declared to be null and void: provided nevertheless, that dilliculty in

nothing contained in this act shall extend or be construed to extend holy orders

to any marriages that may be had under circumstances of peculiar and being certi- extreme difficulty in procuring person in holy orders to perform tied on oath. the celebration, and in which the law might on that account other

wise determine on the validity of such marriages : provided always, that in all such cases the circumstance of the case and the actual contract of marriage shall be certified on the oath of the parties before the magistrate nearest to the usual residence of the parties, or either of them, or before some other person duly authorized by the governor or officer administering the government of Newfoundland, to administer such oath.

II. And be it further enacted, that nothing in this act shall extend already con

or be construed to extend to marriages already had, or that shall be tracted, had previous to the first day of January in the year one thousand

eight hundred and eighteen: provided also, that nothing in this act contained shall extend to any marriages amongst the people called Quakers, or amongst the persons professing the jewish religion, where both the parties to any such marriage shall be of the people called Quakers, or persons professing the jewish religion respectively.

III. And be it further enacted, that this act may be altered, altered, &c. this session. amended or repealed by any act or acts to be passed in the present

session of parliament.

5 GEORGE 4, CAP. 68.—An act to repeal an act passed in the fifty-seventh year of the reign of his late majesty king George the third, intituled an act to regulate the celebration of marriages in Neufoundland; and to make further provision for the celebration of marriages in the said colony and its dependencies.-Whereas it is

Proviso for marriages

Quakers and
Jews.

Act may be

that have

expedient that an act made in the fifty-seventh year of the reign of 57G. 3, c. 51. his late majesty king Geerge the third, intituled act to regulate the celebration of marriages in Newfoundland, should be repealed, and that further and more effectual provision should be made for the celebration of marriages in Newfoundland; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the twenty-fifth day of March, in the year one repealed. thousand eight hundred and twenty-five, the said recited act of the fifty-seventh year of the reign of his said late majesty shall be and the same is hereby repealed: provided always, that all marriages Marriages which have taken place at any time before the passing of this act in

taken place, Newfoundland, and which have not been declared and adjudged to not adjudged be void or invalid by any court of competent jurisdiction, and all declared to marriages which shall take place in Newfoundland previously to the be valid, twenty-fifth day of March in the year one thousand eight hundred and twenty-five, shall be and the same are hereby declared to be as good and valid as if the said recited act had not been passed or made; any thing in the said recited act to the contrary in anywise notwithstanding.

II. And be it further enacted, that all marriages which may Marriages to hereafter be had in Newfoundland shall be celebrated by persons by persons in in holy orders, except in the cases hereinafter specially excepted orders, ex

. and provided for.

III. And whereas by reason of the great extent of the said island of Newfoundland, and the want of internal communication between the different parts of the said island during the greater part of the year, difficulties have arisen with respect to the solemnization of marriages in various settlements and stations there; and it is expedient that temporary provision be made for the legal solemnization of marriages in such settlements or stations as aforesaid; be it therefore enacted, that it shall and may be lawful for one of his majesty's Secretary principal secretaries of state, or for the governor or acting governor for the time being of the colony of Newfoundland, to grant licences may grant or a licence to celebrate marriages within the said colony or its teachers or dependencies, to any person or persons who shall employ themselves preachers of or himself solely in the duties of a teacher or preacher of religion in celebrate the said colony, and who shall not follow or engage in trade

any

marriages

or business, or other profession, occupation or employment, for their colony. or his livelihood, except that of a schoolmaster: provided always, Such persons that no such licence as aforesaid shall be granted to any such persons oath preor person as aforesaid, unless they or he shall first have taken the scribed by

52 G.3, c. 155. oath and snbscribed the declaration specified in an act passed in the fifty-second year of the reign of his late majesty king George the third, intituled an act to repeal certain acts and amend other acts relating to religious worship and assemblies, and persons teaching or preaching therein, and shall have produced a certificate thereof to his majesty's said principal secretary of state, or to the governor or acting governor of Newfoundland, as the case may be; or unless such persons or person shall take the said oath and subscribe the said declaration before the governor or acting governor of the said

of state or governor

within the

where such

exist.

valid.

To be in presence of two witnesses.

colony, who is hereby authorized and required to administer such oath and to tender such declaration to the persons or person re

quiring to take and make and subscribe the same. And empow.

IV. And be it further enacted, that it shall and may be lawful for ered to celebrate marria- any person, to whom any such licence as aforesaid shall be granted ges in cases in manner aforesaid, to celebrate marriages between any persons herein men- resident in the said colony of Newfoundland or its dependencies, in

any case where, by reason of the difficulty of the internal communication between different parts of the said colony or its dependencies, the woman about to be married could not without inconvenience, repair from her ordinary place of abode, for the purpose of contracting such marriage, to some church or chapel of or belonging to the

established church of England wherein divine service is regularly Celebrating performed; and if any such person as aforesaid shall celebrate any marriage

marriage by virtue of any such licence as aforesaid, in any case case does not wherein such inconvenience as aforesaid shall not exist, the person

so offending shall incur and become liable to the payment of a fine Penalty. not less than ten pounds, nor more than fifty pounds British sterling

money, and shall forfeit and be deprived of such his licence: provided nevertheless, that every marriage actually celebrated within

the said colony or its dependencies by any person having any such Marriage licence as aforesaid, shall be good and valid to all intents and pur

poses, and shall not be rendered invalid by reason of any such illegality as aforesaid on the part of the person celebrating the same.

V. And be it further enacted, that no such person to whom any such licence may be so granted as aforesaid shall celebrate or perform marriage between any persons in Newfoundland, except in the presence of two credible witnesses; and if any such person shall celebrate or perform any marriage between any persons in New

foundland, except in the presence of two credible witnesses, he shall Penalty.

incur and become liable to the payment of a fine not less than ten Marriage pounds nor more than fifty pounds British sterling money; but the

want of such witnesses shall not invalidate the marriage.

VI. And be it further enacted, that every person by whom any marriages

marriage shall be celebrated or performed in Newfoundland at any celebrated by licensed per- time after the twenty-fifth day of March in the year one thousand delivered to

eight hundred and twenty-five, shall, under the penalty of five minister of pounds British sterling money, within twelve calendar months next

following such marriage, deliver or cause to be delivered to the Penalty of

secretary of the governor or acting governor of the said island, or to the incumbent or officiating minister of some church or chapel of the established church of England, in the towns of Saint John's Harbour, Grace in Conception Bay, or Trinity Harbour in Trinity Bay, in the said island, a certificate thereof in writing, subscribed with his own name, and with the names or marks of the parties married, together with the names of two credible witnesses present at such marriages; and every such certificate shall be made in form following; (that is to say),

Marriage solemnized at island of Newfoundland :

This is to certify, that A. B. [the man married] of and C. D. [the woman married] of

valid.

Certificate of

song to be

church,

£5.

Form of certificate.

in the

married

were

at

this

in the year of our Lord

by me,

In the presence of us, {

E. F.
[Clergyman in holy orders or preacher
licensed to celebrate marriages.]

A. B.
This marriage was solemnized between us, and

C. D.
G. H. of

Witnesses present at
I. K. of

the said marriage. VII. And be it further enacted, that whenever any such certificate Such certifiof marriage as aforesaid shall be delivered to the secretary of the entered in governor, or to the incumbent or officiating minister of any such the register church or chapel of the established church of England as aforesaid, riages. he shall, within seven days next after the receipt of every such certificate, and upon the payment or tender to him of one shilling and no more, enter or cause to be entered a true and correct copy thereof in a public book or register of marriages, to be by him kept for that purpose; and such public book or register shall be kept and remain at the office of the said secretary, or at such church or chapel of the established church of England as aforesaid, and shall be open to the inspection of any person or persons requiring to consult or examine the same, at all convenient hours; and the said secretary, or the said A copy of the incumbent or officiating minister, shall make and deliver to any and enter to be every person who shall demand the same, a true copy of any entry contained in the said public book or register of marriages, attested by him, in the form following ; (that is to say),

A true copy, extracted from the public register of marriages of the secretary's office, or of the church or chapel of in Nerofoundland, by me, K. L. government secretary, or incumbent, or officiating

minister of such church or chapel. And the said government secretary, or the said incumbent or officiating minister of such church or chapel, shall carefully preserve and file all the original certificates of marriage, so that reference may be had to the same in like manner as to the said register.

VIII. And be it further enacted, that any such public book or Book of reregister of marriages in Newfoundland, or such attested copy as tested copy aforesaid of any entry in any such public book or register of mar- to be eviriages, the handwriting of the said government secretary, or of the attesting minister being duly proved, shall be deemed and taken to be, and shall for all purposes be received as good and sufficient evidence of the due celebration of any marriage in Newfoundland, which by such book or register, or by such attested copy, shall appear or purport to have been celebrated; and every such marriage shall, upon the production of such book or register, or of such attested copy, and proof as aforesaid, be deemed and taken to have been duly performed and celebrated.

IX. Provided always, and be it enacted, that nothing in this act Proviso for contained relating to marriages in Newfoundland shall extend to any Quakers, &c. marriages amongst the people called Quakers, or amongst the persons professing the jewish religion, where both the parties to any such

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