9. Should the person giving such notice be unable to write or be Signature of insufficiently acquainted with the English Language, or both, notice by then it shall be sufficient if he place his mark or cross thereto in to write or to the presence of some literate person who shall attest the same, understand which attestation shall be in the following form:English at Signed by the said 18-this paper writing or read over to him [her] [or read over and [her] in the language], by day of on the he [she] seemed to understand the same and made his [her] mark thereto in my presence. Signed person unable language. 10. Every Registrar shall supply forms of notice gratuitously Registrar to to any persons applying for the same. supply forms of notice. 11. Upon receipt of such Notice the Registrar shall cause the Notice to be same to be entered in a book to be called the "Marriage Notice entered in Marriage Book," which may be inspected during office hours without fee, he Notice Book shall also publish such Notice by causing a copy of the same to be and pubaffixed on the outer door of his office, and to be kept exposed there lished. until he grant his certificate as hereinafter mentioned, or until five months shall have elapsed. cates. 12. The Registrar at any time after the expiration of twenty- Registrar to one days and before the expiration of three months from the date issue certifi of the notice, upon payment of the prescribed fee, shall thereupon issue his Certificate in the form A. in the Schedule hereto. Provided always that he shall not issue such Certificate until he has been satisfied by affidavit: (a.) That one of the parties has been resident within the District Proof of in which the marriage is intended to be celebrated at least necessary fifteen days preceding the granting of the Certificate. conditions by affidavit. (b.) That each of the parties to the intended marriage (not being a Widower or Widow) is twenty-one years old, or that if he or she is under that age, the consent hereinafter made requisite has been obtained in writing and is annexed to such affidavit. (c.) That there is not any impediment of kindred or affinity, or any other lawful hindrance to the marriage. (d.) That neither of the parties to the intended marriage is married by Native law or custom to any person other than the person with whom such marriage is proposed to be contracted. Such affidavit may be sworn before the Registrar, or before a District Commissioner. The Registrar or District Commissioner taking such affidavit shall explain to the person making the same, what are the pro Person before it is worn whom affidavit to explain de grees of kin dred and hibited degrees of kindred and affinity, the effect of the provisions of the Ordinance as to the succession of property under Section 41, affinity, effect and the penalties which may be incurred under Section 42, Subsections 7 and 8. of Ordinance upon succes sion to property and penalties. Marriage to take place within three months after date of notice. Governor may to marry. 13. If the marriage shall not take place within three months after the date of the notice, the notice and all proceedings consequent thereupon shall be void; and fresh notice must be given before the parties can lawfully marry. 14. The Governor, upon proof being made to him by affidavit grant license that there is no lawful impediment to the proposed marriage, and that the necessary consent, if any, to such marriage has been obtained, may, if he shall think fit, dispense with the giving of notice, and with the issue of the Certificate of the Registrar, and may grant his License, which shall be according to form B. in the Schedule hereto, authorising the celebration of a marriage between the parties named in such License by a Registrar, or by a recognized Minister of some religious denomination or body. Caveat may be entered against issue of certificate. When caveat 15. Any person whose consent to a marriage is hereby required, or who may know of any just cause why the marriage should not take place, may enter a caveat against the issue of the Registrar's Certificate, by writing at any time before the issue thereof the word "Forbidden" opposite to the entry of the notice in the Marriage Notice Book, and appending thereto his name and place of abode, and the grounds upon or by reason of which he claims to forbid the issue of the Certificate, and the Registrar shall not issue his Certificate until such caveat shall be removed as hereinafter is provided. 16. Whenever a caveat is entered against the issue of a Certientered, ques- ficate, the Registrar shall refer the matter to the Judge of a ferred to and Divisional Court, and such Judge shall thereupon summon the determined by parties to the intended marriage, and the person by whom the tion to be re Divisional Court. Removal of caveat. caveat is entered to appear before him, and shall require the person by whom the caveat is entered to show cause why the Registrar should not issue his Certificate, and shall hear and determine the case in a summary way, and his decision shall be final. 17. If the Judge decides that the Certificate ought to be issued he shall remove the caveat by cancelling the word "Forbidden" in the Marriage Notice Book in ink, and writing in such Marriage Notice Book immediately below such entry and cancellation, the words "cancelled by order of the Divisional Court," and signing his name thereto. The Registrar shall then issue his Certificate and the marriage may proceed as if the caveat had not been entered, but the time that has elapsed between the entering and the removal of the caveat shall not be computed in the period of three months specified in Section 12 hereof. 18. The Judge may award compensation and costs to the party Compensation injured, if it appear that a caveat was entered on insufficient and costs. grounds. ment in affi 19. If any person wilfully makes any false statement in any Punishment affidavit made in pursuance of this Ordinance, or wilfully makes for false stateany false statement, or gives any false answer on the hearing of a davit or before case by the Judge of a Divisional Court under this Ordinance, he Divisional shall be guilty of an offence and on conviction thereof before the Court. Supreme Court, shall be liable to a fine not exceeding One hundred pounds, or to imprisonment with or without hard labour for any term not exceeding five years, or to both. Consent to Marriage in certain cases necessary. minors. 20. If either party to an intended marriage not being a Widower Consent to or Widow is under 21 years of age, the written consent of the father, marriage of or if he be dead, or of unsound mind or absent from the Colony, of the mother, or if both be dead, or of unsound mind, or absent from the Colony, of the Guardian of such party, must be produced annexed to such affidavit as aforesaid, before a License can be granted or a Certificate issued. 21. If the person required to sign such consent is unable to write Signature of or is insufficiently acquainted with the English language or both, then he shall sign such consent by placing his mark or cross in the presence of one of the following persons, (1.) Any Divisional Judge. consent by person thereto unable to write or to understand English language. (2.) Any District Commissioner. (3.) The Colonial Secretary. (4.) Any Registrar of Marriages. (5.) Any Registrar of the Supreme Court. (6.) Any Colonial Surgeon or Surgeon of Her Majesty's Forces. (7.) Any Minister of Religion. Such signature shall be attested by such person and shall be in the following form or as near thereto as may be. Signed by the said at on the day of 18 ; this paper writing or consent having been first read over, (or read over and truly interpreted) to him [her] in the language he [she] seemed to understand the same, and made his by [her] mark thereto in my presence. Before me, A.B., Divisional Judge or District Commissioner, 22. If there be no Parent or Guardian of such party residing in If no parent the Colony and capable of consenting to the marriage, then any of or guardian capable of consenting, consent. the following persons may consent to such Marriage in writing, upon being satisfied after due inquiry that the marriage is a proper one: (a.) The Colonial Secretary; (b.) Any Divisional Judge; (d.) Any District Commissioner; and such consent shall be as effectual as if the father or mother had consented. Marriages in between hours of 8 a.m. and 6 p.m. Minister not Celebration of Marriage. 23. Marriages may hereafter be celebrated in any licensed place of worship by any recognized Minister of the Church, denomination or body to which such place of worship belongs, and according to the rites or usages of marriage observed in such Church, denomination or body, provided that the marriage be celebrated with open doors between the hours of eight o'clock in the forenoon and six o'clock in the afternoon, and in the presence of two or more witnesses besides the officiating Minister. 24. No Minister shall celebrate any marriage if he knows of pediment, nor any just impediment to such marriage, nor shall he celebrate any without certi- marriage until the parties deliver to him the Registrar's Certificate or the Governor's license. ficate or license. to celebrate 25. No Minister shall celebrate any marriage except in a buildmarriage ex- ing which has been duly licensed by the Governor, or in such place cept in licensed place or where as the Governor's license may direct. directed by Registrars 26. The Colonial Secretary shall cause to be printed and delicense. livered to the several Registrars, and to the recognized Ministers and Ministers of licensed places of worship, books of Marriage Certificates in to be provided duplicate and with counterfoils in the form marked C. in the with books of Schedule hereto. Such books shall be kept by the several Regismarriage certificates. trars and the recognized Ministers for the time being of such places Custody of of worship, under lock and key, and be in the custody of such books of cer- Registrars and Ministers respectively, who shall so soon as all the Marriage Certificates in any such book have been used, send the said book with the counterfoils duly filled in to the Principal Registrar who shall preserve the same in his office. tificates. Entries to be made in mar- cate. 27. Immediately after the celebration of any marriage by a Minister, the officiating Minister shall make the following entries in duplicate in the Marriage Certificate: (a.) The number of the Certificate; (d.) Whether full age or minor; (e.) Condition, whether Bachelor or Widower, Spinster or Widow; (f) Occupation, Rank or Profession; (g.) Residence at time of Marriage; (h.) Father or Mother's name if known, their occupation, if known. And he shall make the first three entries, and also enter the names of the witnesses in the counterfoil thereof. certificates. 28. The Certificate shall then be signed in duplicate by the Signature of officiating Minister by the parties and by two or more witnesses to the marriage. The Minister having also signed his name to the counterfoil, he shall sever the duplicate Certificate therefrom, and Duplicate he shall deliver one Certificate to the parties and shall within seven days thereafter transmit the other to the Registrar of Marriages for Registrar. the District in which the marriage takes place who shall file the same in his office. certificate to be sent to office. 29. After the issue of a Certificate by a Registrar under the Marriage in a 12th Section or the 17th Section hereof, the parties may, if they Registrar's think fit, contract a marriage before such Registrar in the presence of two witnesses in his office with open doors between the hours of ten o'clock in the forenoon and four o'clock in the afternoon and in the following manner; The Registrar shall, either directly or through an interpreter, Form to be address the parties thus: "Do I understand you A.B. and you C.D. that you come here "for the purpose of becoming Man and Wife ?" Upon their answering in the affirmative he shall proceed thus: "Know ye that by the public taking of each other as Man and "Wife in my presence and in the presence of the persons now here, "and by the subsequent attestation thereof by signing your names "to that effect, you become legally married to each other, although "no other rite of a Civil or Religious nature shall take place, and "that this marriage cannot be dissolved during your lifetime, "except by a valid judgment of divorce, and if either of you before "the death of the other, shall contract another marriage while this "remains undissolved, you will be thereby guilty of bigamy, and "liable to the punishment inflicted for that offence." Each of the parties shall then say to the other, "I call upon all persons here present to witness that I A.B. do take thee C.D. to "be my lawful Wife (or husband)." 30. The Registrar shall then fill up, and he and the parties and witnesses shall sign the Certificate of the marriage in duplicate, and the Registrar shall fill up and sign the counterfoil as hereinbefore prescribed in the case of a marriage by a Minister, and shall deliver one Certificate to the parties and shall file the other in his office. observed. Marriage oer signed. Duplicate certificate to be tificate to be filed in Registrar's office. |