MARRIAGE ACT.

{Continued from our last.]

30. Marriages unduly solemnized with the knowledge of both Parties, to be void.— lt any persons shall knowingly and wilfully intermarry, on or after the said first day of January, 1855, without certificate from the Registrar, or in the absence of an Officiating Minister or Registrar, when the presence of an Officiating Minister or Registrar as aforesaid is necessary under (his act, the marriage of such persons shell be null and void.

31. On Marriage of Minors without consent, Offending Party to forfeit Property acquired by such Marriage.—- If any valid marriage shall, after the said first day of January, 1355, be pro* cured by a party to such marriage, to be solemnized between persons one or both of whom shall be under the age of twenty-one years, not being a widower or widow, contrary to the provisions of this act, by means of suchj party falsely swearing or declaring to any matter or matters to which such party is hereinbefore required personally to declare, such party wilfully and knowingly so declaring, then and in such case it shall be lawful for her Majesty's Attor-ney-General, by information in the Supreme Court, at the relation of a parent or guardian of the minor, whose consent has not been given to such marriage, to sue for a forfeiture of all the estate, right, title, and interest in any property which hath accrued or shall accrue to the party so offending by force of such mar* riage ; and such Court shall have power in such suit to declare such forfeiture, and thereupon to order and direct that all such estate, right, title, and interest in all property as shall then have accrued, or shall .thereafter accrue, to such offending party by force of such marriage, shall be secured, under the direction of such Court, for the benefit of the innocent party, or of the issue of the marriage, or of any of them, in such manner as the said Court shall think fit, for the purpose of preventing the party offending from deriving any interest in real or personal estate, or pecuniary benefits from such marriage ; and if both the parties so contracting marriage shall, in the judgment of the Court, be guilty of any such offence as aforesaid, it shall be lawful for the said Court to settle and secure such property, or any part thereof, immediately for the benefit of the issue of the marriage, subject to such provisions for the offending parties, by way of maintenance or otherwise, as the said Court, under the particular circumstances of the case, shall think reasonable, regard being had to the benefit of the issue of the marriage during the lives of tbe parents, and of the issue of the parties respectively by any future marriage, or of the parties themselves, in case either of them should survive the other.

32. All Settlements, $*c, on any such Marriage void. — All agreements, settlements, and deeds entered into and executed by the parties to any marriage, in consequence of or in relation to which marriage such information as aforesaid shall be filed, by either of the said parties, before and in contemplation of such marriage, or after such marriage, for the benefit of the parties, or either of them, or their issue, so far ac the same shall be contrary to and inconsistent with the provisions of such a security and settlement as shall be made by or nnder the direction of the Supreme Court as aforesaid, under the authority of this act, Bhall be absolutely null, and have no force or effect.

33. Proceedings to be taken within one Year after such Marriage.— Any original information to be filed, for the purpose of obtaining a declaration of any such forfeiture as aforesaid, shall be filed within one year after such relator or relatora hath or have known or discovered the solemnization of the marriage by which such forfeiture shall have been incurred.

34. If Marriage be under any false Notice or Certificate, likeforfeiture.—liwuy valid marriage shall be had under [the provisions of this act, by means of) any false notice, certificate, or declaration, made by either party to such marriage, as to any matter to which a notice, certificate, or declaration is herein required; it shall also be lawful for the Attorney* General to sue fora forfeiture of all estate and interest in any property accruing to tbe offending party by such marriage, and tbe proceedings thereupon and the consequences thereof shall be the same as hereinbefore provided. 35. Making false Affirmation or Declaration a Misdemeanour. — Every person who shall knowingly and wilfully make any. false affirmation or declaration, for tbe purpose of procuring any such certificate as aforesaid, shall be deemed to be guilty of a misdemeanor.

36. The making of a false Representation a Misdemeanour. — Every person who shall forbid the issue of the Registrar's certificate, by falsely representing himself or herself to be a person whose consent to such marriage is required by law, knowing such representation to be false, shall' be deemed guilty of a misdemeanour.

37. Any Person solemnizing Matrimony, falsely pretending to be an Officiating Minister, a Felony.— lt any person shall, frpm and after the first day of January, 1855, falsely pretend to be an Officiating Minister, and shall solemnize matrimony, any such person knowingly and wilfully so offending, and being lawfully convicted thereof, shall be deemed and adjudged to be guilty of felony, and shall be sentenced to penal servitude for a term of seven years.

38. Solemnising Matrimony otherwise than according to this Act, a Misdemeanour.— Every person who, on or after the said first day of January, 1855, shall knowingly and wilfully solemnise matrimony in any other place than the church, office, or place specified in the certificate required by this act, and every pento who shall knowingly and wilfully solemnise matrimony, on or after the said first day of Jnnnary, 1855, without a certificate from the

Registrar, as required by this act, shall be deemed and adjudged- to' b« guilty of a misdemeanour,. , , m . 39. Registrar acting illegally iri certain Cases, to be guilty of Felony.— Every Registrar who shall knowingly and wilfully issue any certificate for marriage after the expiration of three calendar .moths after the notice shall have been entered by him as aforesaid, or any certificate for marriage except the provisions of this act be. first complied with, or any certificate the issue of which shall have been forbidden as aforesaid by any person authorized to forbid the issue of such certificate, or who shall knowingly and wilfully register any marriage herein declared to be null and void, and every Registrar who shall knowingly and wilfully solemnize in his office or elsewhere any marriage herein declared to be null and void, shall be deemed and adjudged to be guilty of felony, and sball be sentenced to penal servitude for a term not exceeding seven years. 40. Persons solemnizing Marriage of Minors without consent liable to a Penalty. — Any Officiating Minister or Registrar who sball knowingly or wilfully, without the consent of parents or guardians, solemnize or be present at any marriage wherein one or both of the persons has not, or have not, attained the full age of twentyone years, shall for every such offence forfeit and pay a sum not exceeding one hundred pounds, to be recovered by action in the Supreme Court. 41. Prosecutions under this Act to be commenced within three years after Offence.— 'Every action or prosecution under this act sball be commenced within the space of three years after the offence was committed. VI.— Officiating Ministers.

42. Officiating Ministers-, who. — Any Minister of Religion, whose name shall have been gent in to tha Registrar- General of Births, Deaths, and Marriages, or other officer to be appointed by the Governor in that behalf, by the persons or person within the colony, in whom ecclesiastical authority shall for the time being be vested, or reputed to be vested, over any of the religious bodies enumerated in the Schedule D to this act annexed, shall, snbject to the conditions hereinafter mentioned, be an Officiating Minister within the meaning of this act ; and the name of every such Minister of Religion shall be certified under the hand or hands of the person or persons aforesaid, and shall be entered and published aa hereinafter provided. Provided always, that any Minister of Religion, not connected with any of the bodies enumerated in the aforesaid schedule to this act annexed, who shall present to any Registrar a certificate, signed by twenty- four householders resident in the district .for which such Registrar shall be appointed, declaring that such Minister is their Officiating Minister, shall be entitled to have his name inserted in the list of Officiating Ministers, in the meaning of this act. Provided always, that such certificate eball be attested by two Justices of the Peace; and such attested certificate shall be sent in to the Registrar-General, or other officer as aforesaid, anew in the month of December in every year, and no such attested certificate, presented to any Registrar by any Minister as aforesaid, shall continue in force, unless renewed in like manner.

43. Ecclesiastical Authorities to send in Names of Ministers, and certify Suspension or Deprivation of any Ministers. — The person having ecclesiastical authority over the several religion 8 bodies as aforesaid, shall, upon the suspension or deprivation of any Minister, whose name Bhall have been sent in to the Registrar- General or other officer as aforesaid, in manner hereinbefore mentioned, forthwith certify each suspension or deprivation to the Registrar- General, or other officer as aforesaid, who "shall forthwith ftatce a minute of Buch sns'pensioh or deprivation in the list of Officiating Ministers hereinafter mentioned ; and no such person shall be deemed an Officiating Minister until his name shall have been again sent in to the Registrar- General, or other officer as aforesaid, in manner hereinbefore mentioned. 44. List of Ministers to be sent in in the

month of December. — The several ecclesiastical authorities as aforesaid of the respective religions bodies, shall send in to the said RegistrarGeneral, or other officer as aforesaid, a correct list of such Officiating Ministers, in the month of December in every year. 45. Registrar- General to file XJeriificates, enter Names of Officiating Ministers in Books, and publish Lists. — The Registrar- General, or other officer as aforesaid, shall file all each certificates and lists, and keep them with the records of his office, and shall also forthwith

enter the names sent to htm, 88 hereinbefore mentioned, in a book to be furnished him by the Government, and to be called the " List of Officiating Ministers," and shall from time to time alter and correct the said list, as occasion shall require, and shall, in the month of January in eVety year, cause a copy oF such list to be published in the New Zealand Government Gazette. And in case of any additional names of Ministers being sent in to him during any part of the year, in the manner aforesaid, the Registrar-General, or other officer as aforesaid, shall cause Bach names to be published forthwith in the New Zealand Government Gazette, and the persons so gazetted shaH ba.deemsd Officiating Ministers for the purposes of this act. Provided always, that : in case of notice being sent to the Registrar- General, or other officer as aforesaid, of the suspension or deprivation of any Minister whose name may have been entered upon the list of Officiating Ministers, *b* Registrar- Geaeral, or other officer as aforer.tmii, shall thereupon cause a notification to be Mblished in the New Zealand Government Gazette, that tire name of such Minister is withdrawn from the list of Officiating Ministers, and sach person shall, from the date of such

publication, cease to be an Officiating Minister in the meaning of this act. Vll.— Miscellaneous Provision^ 46. Marriage heretofore celebrated valid. — Eveif" marriage- heretofore' and prior to the 16th day of September, 1847, bona fide celebrated in New Zealand by atfy Clergyman, Minister, or other person, whether the same was ao celebrated in any church, chapel, or building, set apart for public worship, or other building or place ; and every marriage heretofore since the I6tb September, 1847, bona fide celebrated by any Clergyman, Minister, or other person, in accordance witb the formalities prescribed by the said recited Ordinance, No. 7, of Session 8, shall be deemed as valid as if such marriage bad been performed under thi provisions of this act. Provided always, that nothing contained in this act shall extend, or be construed to extend, to 1 render valid aby marriage, in respect to which a lawful impediment may have existed at the time of such marriage. 47. Act not to extend to Marriages of Natives. — Nothing herein contained shall apply to any marriage which" may be contracted otherwise than according to the provisions of this act, between two persons both of the Native aboriginal race. Provided that this act shall come into operation in respect of marriages between persons of the said race, in such districts, and at such times, as the Governor shall by proclamation from time to time appoint. Provided also that persons of the Aboriginal Native race, may, if they desire, contract marriage according to the provisions of this act. 48. Fees, how to be accounted for.-— AM fees collected under the authority of this act, by any Registrar, shall be accounted for quarterly, and paid over to the Colonial Treasurer, or to such other person as the Governor shall direct, for the public uses of the colony, atfd for the support of the Government thereof.

49. Interpretation.-* The word •'Governor" in this act, shall include the Officer administering the Government for the time being. 50. Short Title.— Thin act shall be entitled, and may be cited as the " Marriage Act, 1854."