MARRIAGE AMENDMENT ORDINANCE. [Passed the 15th day of July, 1851.]

Nelson Examiner and New Zealand Chronicle, Volume X, Issue 502, 18 October 1851, Page 135

MARRIAGE AMENDMENT ORDINANCE. [Passed the 15th day of July, 1851.]

Preamble. — Whereas, by an Ordinance enacted by the Governor of New Zealand with the advice and consent of the Legislative Council thereof, Session 8, No. 7, intituled "An Ordinance for regulating Marriages in the Colony of New Zealand," it is amongst other things enacted, that license to marry without publication of banns may be issued according to the ecclesiastical laws of the United Church of England and Ireland, and the Roman Catholic Church, by the proper authorities according to such laws, for Marriages to be celebrated agreeably to the form and usages of the said Churches, provided that no such license for Merriage shall be issued in any case in which any person whose consent to any Marriage would have been required shall not have previously given his or her consent. And whereas, it is expedient that, subject to such provision as aforesaid, licenses for Marriages to be celebrated according to the forms and usages of the Wesleyan Methodist Society, of the Church of Scotland, and of the Free Church of Scotland respectively, without publication of banns, should be authorised to be granted in manner hereinafter mentioned : Be it therefore enacted by the Governor in- Chief of New Zealand, with the advice and consent of the Legislative Council thereof, as follows : — 1. Superintendent of Wesleyan Mission and Moderator of the Presbyteries of the Church of Scotland and of the Free Church of Scotland, and Officiating Ministers, authorised to grant Licenses.-— It shall be lawful for the Superintendent of Wesleyan Missions, for the Moderator, of the Presbyteries of the Church of Scotland and of the Free Church of Scotland for the time being respectively, and for any Officiating Ministers, to grant licenses for Marriages without publication of banns, to be celebrated agreeably to the forms and usages of the Wesleyan Methodist Society, of the Church of Scotland or of the Free Church of Scotland, or of the respective Religious Societies of which they may be Ministers. 2. Superintendent of Wesleyan Mission, and Moderator of the Presbyteries of the Clmrch of Scotland and of the Free Church of Scotland, empowdered to authorise others to grant Licenses. — It shall be lawful for any such Superintendent or Moderator, if he shall deem it expedient so to do, by an instrument in writing under his hand and seal to authorise one or more fit person or persons to grant such licenses as aforesaid. 3. If there be no such} Moderator, Governor may grant such authority. — Provided always, that in case there shall be no Moderator of the Presbytery of the Church of Scotland or of the Free Church of Scotland in the Islands of New Zealand, it shall be lawful for the Governor, or other officer administering the Government of the Colony for the time being, by an instrument in writing under his hand and seal, to authorise one or more fit persons to grant licenses for Marriages to be celebrated agreeably to the forms and usages of the Church of Scotland or of the Free Church of Scotland, without publication of banns. 4. Oath or Declaration, Bfc, to be made ly party applying for licenses. — Before any such license as aforesaid shall be granted, one of the parties intending marriage shall appear personally before the person authorised to grant the seme, and shall make oath, that he or she belteveth that there is not any impediment of kindred or other lawful impediment to the said marriage, and, where either of the parties not being a widow or widower, shail be under the age of tweniy-one years, that the consent to such marriage as required by the said recited Ordinance hath been, obtained thereto, or that there is no person having authority to give such consent, as the case may be. 5. Penalty for granting License without requiring such oath, Bfc. — If any person authorised under and by virtue of the provisions of this Ordinance to grant licenses to marry without publication of banns shall grant any such license without first taking from one of the parties intending marriage such oath, affirmation, or declaration as aforesaid, he shall forfeit and pay for every such offence the sum of islOO, to be recovered in a summary way. 6. Penalty for making false Oath, Sfc. — Every person who shall knowingly and wilfully make any false oath, affirmation, or declaration, for the purpose of procuring any such license as aforesaid, shall be deemed to be guilty of a misdemeanour. 7. Marriage by' License to be as valid as by Banns. — Every marriage to be had and solemnized under the authority of any license so to be granted as aforesaid shall be as good, valid, and effectual, to all intents and purposes, as if such marriage had been had and solemnized after the due publication of banns, anything in the said recited Ordinance contained to the contrary notwithstanding. II. — Officiating Ministers. 8. Any Minister of a Congregation of forty may require to be entered as an officiating Minister. — And be it further enacted that any Minister of Religion who shall have been for a period of twelve calendar months in charge of a Christian congregration consisting of at least forty house, holders resident in the Province, may apply to the Registrar- General of Births, Deaths, and Marriages, and the Rigistrar- General on production of certificates signed in duplicate by such forty householder* at least, stating that the applicant has been for such period of twelve calendar months, a minister of religion in charge of such congregation of which they are members, shall enter such applicant as an officiating minister within the meaning of the said recited Ordinance and in a book to be kept for that purpose, and shall file and preserve one of such certificates among the records of his office, and shall give public notice thereof in the Government Gazette. 9. Power to Governor to cause a Minister to be entered as an Officiating Minister. — It shall be lawful for the Governor or other the officer tultninistering the Government of the colony for the time being, on the application of any minister of relmion accompanied by such prouf an his Exct-11 ncy may require, by an instrument under Ins hand to direct such Registrar- General to enter such applicant as an ofikiuting minister within the meaning of the aforesaid recited Ordinance. And it shall be the duly of every such RegistrarGeneral, and he is hereby required to make entry accordingly in the book to be kept by him as

aforesaid, and also to- file and preserve such instrument among thwecords of his office, 'and to give notice thereof in the Government Gazette. 10. Such entries may be cancelled. — If subsequently to the entry of any such officiating minister as aforesaid, it shall be made to appear to the satisfaction of the Governor of the colony for the time being, that such person has ceased to be a minister in charge of a Christian congregation consisting of forty resident householders, or in the case of any such person as may have been entered under the direction of such Governor that there are proper and sufficient reasons for disallowing such persons to be entered as aforjesaid for officiating in virtue of the said recited Ordinance, it shall be lawful for his Excellency by aij instrument under his hand to direct the RegistrarGeneral to cancel such entry, and the RegistrarGeneral shall cancel such entry accordingly, and certify the same in the Government Gazette, and such person in either case shall thereupon cease to be or to be deemed an officiating minister within the meaning of the said recited Ordinance. 11. This Ordinance to be deemed to form part 'of the Marriage Ordinance. — This Ordinance shall be construed with and] shall be deemed and taken to all intents and purposes to form a part of the said recited Ordinance for regulating marriages within the colony of New Zealand.