Marriages to be open doors between prevent any person aggrieved from suing for or recovering damages in any court or by any proceeding wherein and whereby damages may be lawfully recovered for breach of promise of marriage, or for seduction, or other cause as aforesaid. ་ 9. All marriages shall be solemnised with solemnised with open doors, between the hours of eight in the forenoon and nine at night, in the presence 8 a.m. & 9 p.m. in the presence of two of two or more credible witnesses, besides or more witnesses the Minister who shall solemnize the same; besides the Minister and immediately after the solemnization and entry thereof to of every marriage an entry thereof shall the effect herein, be made in the marriage register book, to be made in regisby law required, and in every such entry ter book. in every such register it shall be expressed that the marriage was had by banns or license; and if both or either of the parties married by license be under age, and not a widow or widower, that it was had with the consent of the parents, or guardians, or other person or persons having lawful authority to withhold consent to the marriage, or after such order of the chief judge as aforesaid, and shall be signed by the minister with his proper addition, and by the parties married, and shall be attested by such two witnesses; Provided always that nothing in this section contained shall impose on any minister of religion any obligation to solemnise any marriage after four o'clock in the afternoon. 10. If any person shall be very ill and likely to die and any minister of religion of Minister shall cele- the district in which he lives shall be brate marriage satisfied thereof either from his own personal without license or, observation or by personal knowledge or by the certificate of the medical practitioner attending such person if any such medical Where person ill and likely to die notice. practitioner be in attendance, it shall be lawful for such minister of religion without the license or publication of banns required by this Act to forthwith solemnise marriage between the person who may be ill and the other person to whom he or she may be desirous of being married at the house where such person shall be ill as aforesaid at any hour of the day or night: and such marriage shall be valid to all intents and purposes whatsoever unless there shall have been at the date of such marriage any lawful impediment to a marriage between the parties, and such minister of religion is hereby required forthwith to register such marriage in like manner as any other marriage solemnised by him. as 11. Every such christian minister All Ministers aforesaid not being of the anglican church celebrating marin this island, who shall celebrate any law, subject to the riage contrary to marriage contrary to law, shall be liable like penalty as the to the like pains and penalties as are imposed Ministers of the by law on ministers of the said Church Established Church. for solemnizing marriages otherwise than ac cording to law. Clandestine Marriages. 12. Every parson, curate, minister or deacon, or any other who shall person marry any persons whatsoever in this Island, without publication of banns of matrimony between the respective persons according to law, or without licenses first had and obtained from the Governor and Ordinary of the said Island for the time being, shall for every such offence, be liable to a penalty of one hundred pounds and to be imprisoned for six months. 13. Every parish clerk or sexton, or other Penalty for marrying without banns or license. Every parish &c. such marriages, to forfeit Twenty clerk or sexton, or person acting as parish clerk or sexton, who other person acting shall knowingly and willingly, aid, promote, as such, and aiding, and assist at such marriages, so celebrated without banns or licences as aforesaid, shall be liable to a penalty of twenty five pounds. Every master 14. Any master, mistress, or owner of suffering any clan- any house who shall at any time after the destine marriage publication hereof, knowingly and wittingly to be celebrated in permit or suffer such clandestine marriage five Pounds his house, or any. place belonging as aforesaid, to be celebrated in his or her thereto, shall for- house, or in any yard, garden or other place belonging thereto, shall for such offence be liable to a penalty of twenty five pounds. feit Twenty five Pounds. Nothing herein power of the Ordinary. 15. Nothing herein contained, shall be shall take away the construed to lessen or take away any power, jurisdiction or authority, which the Ordinary of this Island may legally have or claim but such power, jurisdiction and authority shall still remain as before; And the person liable to any forfeiture by this Act, shall notwithstanding thereof, or any conviction thereon, be still subject to the like process and proceedings of the said Ordinary, as if the same had never been made, Before a license 16. Before any license of marriage for is granted, a letter the future shall issue from the Secretary's or certificate to be office of this Island, there shall be produced left with the Secre- and left with the Secretary or his lawful require an oath, deputy, a Tetter or certificate signed by the which he is to ad- parents, guardians or other nearest relations tary, who, may minister. of the persons to be married; that such marriage is with his, her, or their consent or approbation; and the said Secretary or his deputy, shall if he does not know the handwriting of the parties signing such letter or certificate, or the persons to be married, require an oath to be made before him, which he is hereby empowered to ad- Power of Gover 17. The Governor, as Ordinary of the Island, shall have the same power as here- nor as Ordinary of tofore, to issue marriage licenses. Marriage with a deceased wife's sister. the Island, to issue marriage licenses 18. Every marriage, otherwise lawful, Every marriage which has heretofore been or shall hereafter otherwise lawful, be celebrated or contracted, in this Island or between any man and his deceased elsewhere, between any person and the siswife's sister, valid. ter of his deceased wife shall, in this Island, Proviso, No Clergymen to be compelled to solemnize or to incur any liability for not solemnizing any such marriage. be deemed, and is hereby declared to have been and to be valid, and of full force and effect, any law or custom to the contrary notwithstanding: provided that this Act shall not render valid any such marriage in any case where either of the parties to such marriage shall thereafter before the twentyfirst day of July, one thousand eight hundred and eighty five, have lawfully intermarried with any other person, nor shall the passing of this Act deprive or be held to have deprived any person of any property which such person may have lawfully inherited prior to the said twenty-first day of July one thousand eight hundred and eighty five or affect any lis pendens. 19. No Clergyman in Holy Orders of the Anglican Church or any other Clergyman shall be compelled to solemnize the marriage of any person with a sister of his deceased wife, or shall be liable to any suit, penalty or censure for refusing to solemnize any such marriage. Civil marriage. 20. The words "police magistrate" where Meaning of words. used in the following sections of this Act shall mean and include every police magistrate or acting police magistrate or other person for the time being performing the duties of a police magistrate of any district of this Island. Police Magistrate to celebrate mar 21. Every police magistrate of this Island shall be and he is hereby authorised and re riages within his quired, when called upon by any person to do so, to celebrate marriages within his district in the manner and subject to the condi district. |