Certificates of

marriage under

Governor's

license not in licensed

place or Registrar's

office.

31. Whenever the Governor's License authorizes the celebration of marriage at a place other than a licensed place of worship, or the office of a Registrar of Marriages, the Registrar of the District in which such marriage is intended to take place, upon the production of such License, shall deliver to the person producing the same, a blank Certificate of Marriage in duplicate, and the Minister or Registrar celebrating such Marriage shall fill up such certificate, and observe strictly all the formalities herein before prescribed as to marriages in a licensed place of worship, or Registrar's office, as the case may be.

Registry and Evidence of Marriages.

Marriage 32. The Registrar of Marriages in each District shall forthwith certificates to register in a book to be kept in his office for such purpose, and to be registered. be called "The Marriage Register Book," every Certificate of

Certified copies of entries in

District Registries to be

sent to

Principal

Registrar monthly.

clerical errors

Marriage which shall be filed in his office according to the form D. in the Schedule to this Ordinance; and every such entry shall be made in order of date from the beginning to the end of the Book, and every entry so made shall be dated on the day on which it is so entered, and shall be signed by the Registrar, and such book shall be indexed in such manner as is best suited for easy reference thereto. Every such book shall be a Record Book, and the Registrar shall at all reasonable times allow searches to be made therein, and shall give certified copies therefrom upon payment of the fee mentioned in the Second Schedule hereto.

Within ten days after the last day of each month, every Registrar other than the Principal Registrar, shall send to the Principal Registrar a certified copy of all entries made by him during the preceding month in the Marriage Register Book of his District, and the Principal Registrar shall file the same in his office.

33. Any Registrar when authorised by the Governor, may Correction of correct any clerical error in any Certificate of Marriage filed in his office, upon production to him of the certificate delivered to the parties, and shall authenticate every such correction by his signature or by marking the same with his initials and the date of such correction.

in marriage certificates.

Certified copies of

marriage cer

tificates and

entries in Registers to be evidence.

34. Every Certificate of Marriage which shall have been filed in the office of the Registrar of any District, or a copy thereof purporting to be signed and certified as a true copy by the Registrar of such District for the time being, and every entry in a Marriage Register Book or copy thereof certified as aforesaid, shall be admissible as evidence of the marriage to which it relates, in any Court of Justice or before any person now or hereafter having by law or consent of parties authority to hear, receive and examine evidence.

Invalid Marriages.

Deceased

35. A marriage may be lawfully celebrated under this Ordi- Marriage with nance between a man and the sister or niece of his deceased wife, Wife's Sister but save as aforesaid, no marriage in the Colony shall be valid, or Niece which, if celebrated in England, would be null and void on the lawful. ground of kindred or affinity, or where either of the parties thereto Marriage at the time of the celebration of such marriage is married by invalid on ground of native law or custom to any person other than the person with kindred or whom such marriage is had.

affinity or prior marA marriage shall be null and void if both parties knowingly and riage by wilfully acquiesce in its celebration in any place other than the native law office of a Registrar of Marriages, or a licensed place of worship, or custom; (except where authorised by the Governor's license), or under a false or wilful breach by name or names, or without the Registrar's certificate of notice, or both parties license duly issued or by a person not being a recognised Minister of certain of some religious denomination or body, or a Registrar of Marriages. Provisions But no marriage shall after celebration be deemed invalid by Ordinance. reason that any provision of this Ordinance other than the foregoing has not been complied with.

of the

36. All marriages celebrated under this Ordinance shall be good Marriages. and valid in law to all intents and purposes.

under Ordi

nance valid.

may not, dur

37. Any person who is married under this Ordinance, or whose Persons marmarriage before the commencement of this Ordinance is declared by ried under this Ordinance to be valid, shall be incapable during the continu- Ordinance ance of such marriage of contracting a valid marriage under any ing continunative law or custom, but save as aforesaid, nothing in this Ordi- ance of marnance contained shall affect the validity of any marriage contracted riage, contract under or in accordance with any native law or custom, or in any under native marriage manner apply to marriages so contracted.

Marriages already celebrated.

law-otherwise Ordi

nance not to affect marriage by native law.

validated.

38. Every marriage celebrated in the Colony before the com- Certain mencement of this Ordinance by any Minister of any religious existing denomination or body, according to the rites in use by such reli- marriages gious denomination or body shall be, and shall be deemed to have been from the time of the celebration thereof a legal and valid marriage; provided that nothing herein contained shall legalise any marriage which has before the commencement of this Ordinance been declared invalid by any competent Court, nor any marriage, either party to which had at the time of its celebration a lawful wife or husband living, nor any marriage which was void, by reason of kindred or affinity or fraud or incapacity to contract marriage, nor any marriage otherwise invalid either party to which shall before the commencement of this Ordinance and in the lifetime of the other party thereto have intermarried with any other person.

Existing 39. Every Minister of Religion or other person in the Colony Registers of who has in his custody or control any Register, record or paper marriages to be transmitted purporting to be such of marriages heretofore celebrated in this to Principal Colony, shall within six months after this Ordinance takes effect, Registrar. deliver or transmit to the Principal Registrar, the said Register or Official Record or a copy thereof, omitting if desired any matter of a private nature, with a certificate appended thereto in the following form:

I, A.B. of (here describe place of abode and position) do certify that the annexed written pages contain the true record (excepting matters of a confidential nature) of the marriages heretofore celebrated in (here name Church).

Dated the

day of

18.

(Signed)

A.B.

Certain

expenses to be defrayed from General

Revenue.

Succession to property of natives married under

40. The Governor may defray out of the General Revenue of the Colony, all proper expenses connected with the transmission or delivery of the said Registers or which may otherwise become necessary to be incurred in carrying out the provisions of this Ordinance.

Succession to Intestate's Property.

41. Where any person who is subject to native law or custom contracts a marriage in accordance with the provisions of this or of any other Ordinance relating to marriage, or has contracted a Ordinance or marriage prior to the passing of this Ordinance, which marriage is validated hereby and such person dies intestate, subsequently to the commencement of this Ordinance, leaving a widow or husband or any issue of such marriage,

whose mar

riages are validated by Ordinance dying intestate.

Registrar to explain provisions as to succession

And also where any person who is issue of any such marriage as aforesaid dies intestate subsequently to the commencement of this Ordinance,

The personal property of such Intestate and also any real property of which the said Intestate might have disposed by Will shall be distributed in accordance with the provisions of the law of England relating to the distribution of the personal estates of Intestates, any native law or custom to the contrary notwithstanding.

Provided always, that where by the law of England, any portion of the estate of such Intestate would become a portion of the casual hereditary Revenues of the Crown such portion shall be distributed in accordance with the provisions of native law and custom and shall not become a portion of the said casual hereditary Revenues.

Provided also that real property, the succession to which cannot by native law or custom be affected by testamentary disposition shall descend in accordance with the provisions of such native law or custom anything herein to the contrary notwithstanding.

Before the Registrar of Marriages issues his certificate in the case of an intended marriage, either party to which is a person subject to native law or custom, he shall explain to both parties

the effect of these provisions as to the succession to property as before issuing affected by marriage.

Offences, Penalties, &c.

certificate when either party to intending marriage is

a native.

42. Any person being guilty of any of the following offences Punishment shall incur and be subject to the penalties and punishment herein- for offences after mentioned:

under Ordi

nance.

certificate

1. Any Registrar of Marriages who issues a certificate under Registrar Section 12 of this Ordinance without notice or without the neces- improperly sary affidavit, or knowingly and wilfully issues any false certificate issuing of any kind, or makes any false entries, or does or omits to do any or making thing by this Ordinance prohibited or required to be done, shall be improper guilty of an offence and on conviction thereof before the Supreme entry. Court, shall be liable to a fine not exceeding one hundred pounds, or to imprisonment with or without hard labour for a term not exceeding five years, or to both.

marriage

2. Any Minister who celebrates a marriage without the certi- Minister ficate of the Registrar or the Governor's license or elsewhere than in celebrating a licensed place of worship or the place named in such license, or contrary to 3. Wilfully celebrates a marriage contrary to any provision of provisions of this Ordinance, or knowing that any provision of this Ordinance Ordinance. has not been complied with, or

4. Wilfully omits to fill up the certificate of any marriage celebrated by him or the counterfoil thereof, or fails to transmit the same to the Registrar as required by this Ordinance, shall be guilty of an offence, and on conviction thereof before the Supreme Court, shall be liable to a fine not exceeding one hundred pounds, or to imprisonment with or without hard labour for a term not exceeding five years, or to both.

prescribed

5. Whosoever knowing that the written consent required by this Marrying Ordinance has not been obtained, shall marry or assist or procure minor without any other person to marry a minor under the age of twenty-one consent. years, not being a widow or widower, shall be guilty of an offence, and on conviction thereof before the 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 two years, or to both.

6. Any person who shall knowingly and wilfully celebrate or Unqualified pretend to celebrate any marriage under this Ordinance, not being person legally competent so to do, shall be guilty of an offence and on marriage." celebrating conviction thereof before the 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.

under Ordi

7. Any person who contracts a marriage under the provisions of Contracting this Ordinance being at the time married in accordance with native marriage law or custom to any person other than the person with whom nance when such marriage is contracted shall be guilty of bigamy, provided already always that any person convicted of bigamy under this section married by

L.

H H

native law.

native law

shall not be sentenced to a longer term of imprisonment than five years with or without hard labour.

Contracting 8. Any person who having contracted a marriage under this marriage by Ordinance, shall during the continuance of such marriage contract when already a marriage in accordance with native law or custom, shall be guilty married under of an offence, and on conviction thereof before the Supreme Court, Ordinance. shall be liable to be imprisoned with or without hard labour for any term not exceeding two years.

Forging signature or altering or defacing documents.

Proceedings to be com

menced within two years after offence committed.

Fees.

Fees may be

remitted on ground of poverty.

Ministers

may receive customary fees.

Forms in
Schedule

may be used.

43. Whosoever shall forge the signature of any person to any document, book, paper or writing hereby required to be signed, or shall wilfully alter, erase, deface, destroy, tamper with, or remove any such document, book, paper, or writing, hereby required to be made, kept or used, shall be guilty of an offence, and on conviction thereof before the 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 ten years, or to both.

44. All proceedings under this Ordinance for any offence thereunder shall be commenced within the space of two years after the commission of the offence, and shall be by information signed by the Attorney-General, or by order of the Governor or any Divisional Judge.

45. The fees specified in the second Schedule hereto shall be paid to the Registrars for the several matters to which they are applicable, and shall be paid by them into the Colonial Treasury.

46. The Governor may, when he is satisfied of the poverty of the parties, reduce the amount of the said fees, or remit them altogether; and if they have been paid into the Treasury, order their refund.

47. This Ordinance shall not preclude a Minister from receiving the fees ordinarily paid to a Minister of his denomination for the celebration of marriage.

48. The forms contained in the Schedule hereto may be used in the cases to which they are applicable with such alterations as may be necessary.