"THE STATUTES COMPILATION ACT, 1902": MEMORANDUM BY THE SOLICITOR-GENERAL ON THE MARRIAGE ACTS COMPILATION BILL, 1904.

Appendix to the Journals of the House of Representatives, 1904 Session I, A-08

A.—B,

1904. NEW ZEALAND.

"THE STATUTES COMPILATION ACT, 1902": MEMORANDUM BY THE SOLICITOR-GENERAL ON THE MARRIAGE ACTS COMPILATION BILL, 1904.

Presented to both Houses of the General Assembly by Act.

MEMOEANDUM. No alteration has been made in the wording of the Acts compiled, except as follows:— (a.) Where necessary to fit in amendments: e.g., "the principal Act" becomes "this Act." (b.) In sections 11 and 12 of the principal Act " ministers or adult members " is substituted for " householders," to give effect to section 2 of the Amendment Act of 1891. (c.) Where necessary to give effect to present law: e.g., "Resident Magistrate" in section 4 of the Amendment Act of 1891 becomes " Stipendiary Magistrate." (d.) The description of certain crimes in sections 46 to 52 of the principal Act as felonies and misdemeanours, and the punishments therefor, are modified in terms of section 8 of " The Criminal Code Act, 1893." (c.) Section 54 of the principal Act, repealing prior Acts, is omitted. (/.) In Schedule B of the principal Act " The Presbyterian Church of Otago and Southland " is omitted (see Act of 1901, private, No. 3), and " The Methodist Church of Australasia in New Zealand" is substituted for " The Wesleyan Methodist Society" and " The United Methodist Free Churches " (see Act of 1902, No. 49). (g.) In " The Deceased Wife's Sister Marriage Act, 1880," after "passing of," the words " The Deceased Wife's Sister Marriage Act, 1880," are substituted for " this Act" ; and, after "operation of," the words "the last-mentioned" are substituted for "this." (h.) A similar alteration is made in " The Deceased Husband's Brother Marriage Act, 1900." (i.) The preamble and section 2 of "The Marriage Act Amendment Act, 1889," are omitted. In addition to the foregoing alterations, the Long and Short Titles of the Compilation Act take the place of the corresponding titles of the original Act (" The Marriage Act, 1880 "). Moreover, a reference to the compiled Acts is made in subsection (1) of section 1; a list of these Acts is inserted as the First Schedule, and the numbering of the schedules to the original Act is consequentially altered.

No alteration has been made in the wording of the Acts compiled, except as follows: — (a.) Where necessary to fit in amendments: e.g., "the principal Act" becomes "this Act." (b.) In sections 11 and 12 of the principal Act " ministers or adult members " is substituted for " householders," to give effect to section 2 of the Amendment Act of 1891. (c.) Where necessary to give effect to present law: e.g., "Resident Magistrate" in section 4 of the Amendment Act of 1891 becomes " Stipendiary Magistrate." (d.) The description of certain crimes in sections 46 to 52 of the principal Act as felonies and misdemeanours, and the punishments therefor, are modified in terms of section 8 of " The Criminal Code Act, 1893." (c.) Section 54 of the principal Act, repealing prior Acts, is omitted. (/.) In Schedule B of the principal Act " The Presbyterian Church of Otago and Southland " is omitted (see Act of 1901, private, No. 3), and " The Methodist Church of Australasia in New Zealand" is substituted for " The Wesleyan Methodist Society" and " The United Methodist Free Churches " (see Act of 1902, No. 49). (g.) In " The Deceased Wife's Sister Marriage Act, 1880," after "passing of," the words " The Deceased Wife's Sister Marriage Act, 1880," are substituted for " this Act" ; and, after "operation of," the words "the last-mentioned" are substituted for " this." (h.) A similar alteration is made in " The Deceased Husband's Brother Marriage Act, 1900." (i.) The preamble and section 2 of "The Marriage Act Amendment Act, 1889," are omitted. In addition to the foregoing alterations, the Long and Short Titles of the Compilation Act take the place of the corresponding titles of the original Act (" The Marriage Act, 1880 "). Moreover, a reference to the compiled Acts is made in subsection (1) of section 1; a list of these Acts is inserted as the First Schedule, and the numbering of the schedules to the original Act is consequentially altered.

Subject to the alterations above referred to, I hereby certify that the annexed compilation intituled "The Marriage Acts Compilation Act, 1904," is a true and correct compilation of the respective Acts specified in the First Schedule thereto. Feed. Fitchett, Solicitor-General. Crown Law Offices, Wellington, 10th August, 1904.

Approximate Cost of Paper.— Preparation, not given ; printing (1,425 copies), 18i. 6d.

By Authority : John Mackay, Government Printer, Wellington.—l9o4.

Price 3d.]

[Corn-piled by the Solicitor-General, under the provisions of " The Statutes Compilation Act, 1902," pursuant to the resolution of both Bouses of the General Assembly dated the 21st day of November, 1903.]

MAREIAGE ACTS COMPILATION.

Title. ' ANALYSIS. 1. Short Title. Existing appointments con- 32. Place and time for marriages to be solemnised. titiued. 33. Marriages of Quakers excepted from Act. 2. Act not to extend to marriages of Natives. Such marriages to be registered. _..,_. „ 34. Marriages may be solemnised at the office of Districts, Registrars, dc. Registrar. 8. Districts to be proclaimed. 4. Registrar-Gene.al and Registrars to be ap- I Registration of Marriages. pointed, and Deputy R°gistrars. 35. Particulars to be registered may be in5. Duties of Deputy Registrar*. quired. 6. When Deputy to act. 36. Marriages to be registered in register-book. 7. Registrar's power to levy fees. Signatures to register. 8. Registrar.General may make regulations. 37. Registration of marriages in a blank form under certain circumstances. Officiating Ministers. j 38. Penalty for not registering. 9. Ministers of prevailing religious bodies, to be j 39. Copies of register to be forwarded to Registrarcertified by ecclesiastical authorities. In General. Penalty on failure. certain cases certificates may be given by 40. Registrar-General to keep indexes. Searches, office-bearers. extracts, &c. Certified copy of entries to 10. Ministers of religious bodies not enumerated be received as evidence. in Schedule. 41. Registrar-General, in certain oasis, may sup--11. Correct lists to be sent in every year. plement official records of marriages from 12. Lists to be in force for one year only. evidence in the possession of private 13. Ecclesiastical authorities to send in names of : parties. ministers, and certify suspension or de- j 42. Supplemented records to be deemed to be privation of any ministers. original. 14. List of ministers to be gazetted. Addition 43. Sealed copies thereof to be evidence of of names. marriage. 15. Cancellation of names. „ ~, , T ~, ,» 16. Evidence of the right of Officiating Ministers Vahd and Invahd Marriages. (j 0 a0 (j 44. Marriage with deceased wife s sister valid. Notices 45. Marriage with deceased husband's brother in vr *.■ c ■ . ji j ■ i. v ■ permissible and lawful. 17. Notice of every intended marrjageto be given. M Pj be invalid for eertam 18. To be entered in a book open for inspection. ; Iradmissible evidence . No reConsents, Caveats, t£c. lease from penalties. 19. Consent necessary for marriage of minors. 47. Marriages unduly solemnised knowingly to 20. In certain cases Judge of Supreme Court may bo void. consent to the mariiage of minors. 48. Forfeiture of property acquired on marriage 21. Issue of certificaes may be forbidden. of minors without consent. Order of 22. Caveat may be entered. Effect of caveat. Court. Where both parties offend. Appeal on refusal. 49. All tettlements, &c, on any such marriage 23. If caveat vexatious. void. Certificates 50 - P rooee< 3i n g s to be within one year. „. „ , , , ' , .. 51. Like forfeiture for marriage under false 24. Declaration to be made before certificate . „,:„„ . a t» . i . r . IIOUCc. granted. Provision in cases of minors. Offences 25. No certificate to issue if any impediment. _„ -, , . , , . , . 26. Immediate certificates formarriage may be g' Making false declaration. issued in certain ca-es. f- ase representation. 27. Cases where issue of certificate to be deferred. 54 ' S ''emmaing marriage otherwise than accord--28. Certificate to authorise, but not oblige, c IUKl UK '° • • < i i j- * Officiating Mimsters. ' 55 - Sol , emms A n J . lnamtt B? falsel >' Pretending to 29. Notice, certificate, &c, good for three months M „be an Offlciaung Minister. on] I 56. Registrar acting illegally in certain cases. 30. Registrars to make quarterly returns. 57 ' Penal 'y for Bolemnwing marriage of minors J without consent. Solemnisation of Marriages. 58. Making false statements. 81. Certificate to be delivered to Officiating 59. Limitation of prosecutions. Minister. Schedules.

An Act to compile certain Acts relating to the Law of Marriage in TUle New Zealand. BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows : — 1. (1.) The Short Title of this Act is "The Marriage Acts short Title Compilation Act, 19(>4." (2.) This Act is a compilation of the Acts mentioned in Schedule A hereto.

Existing appointments continued. 1880, No. 21, see. 1

Act not to extend to marriages of Natives. Ibid, see. 2

Districts to be pro claimed. Ibid, sec. 3

Registrar-General and Registrars to be appointed, and Deputy Registrars. Ibid. sec. 4

Duties of Deputy Registrars. Ibid, sec. 5

When Deputy to act. Ibid, sec. 6

Registrar's power to levy fees. Ibid, seo. 7

(3.) All districts, regulations, oflices, and appointments subsist: ing ftt the commencemen t o f this Act shall be deemed to have been constituted Qr ma( J e un( J er th jg Act 2. Nothing herein contained shall apply to any marriage which ma y c contracted otherwise than according to the provisions of this 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. Districts, Registrars, &c. 3. The Governor, by Proclamation in the Gazette, may divide j- ne Qpj O ny of New Zealand for the purposes of this Act into such an( _j gQ many districts as he shall think fit, and assign a distinct name to every such district ; and may, from time to time, in a similar manner, vary the number, name, and boundaries of such districts, or abolish any of the same. 4. The Governor may, by warrant under his hand, appoint a Registrar-General for the colony ; and also The Governor may from time to time appoint Registrars of Marriages, and also may at any time appoint a fit person to be the deputy of the Registrar-General, or of any Registrar, to act as Registrar-General or Registrar, as the case may be, in case of death. illness, or unavoidable absence. 5. Every Deputy shall, during the time he shall so act, have all p owers an( ] privileges, and perform all the duties, and be subject to all the responsibilities of the Registrar-General or Registrar for whom he shall have been appointed deputy ; Except that the Deputy of the Registrar-General shall not have the power given by the eighth section of this Act of making, abolishing, or altering such regulations as are therein mentioned. 6. Whenever the Registrar-General or any Registrar shall die, the Deputy appointed as aforesaid shall act from the day of such death until a new appointment has been made to the office vacated thereby ; and, in case of illness or absence, shall act from such day as such Registrar-General or Registrar, as the case may be (or, in case of illness incapacitating him to do so, his medical attendant), shall certify under his hand, to the Deputy appointed as aforesaid to act for him, that he is ill and unable to perform his duties, or that he is about to be absent; and such Deputy shall cease to act from the day on which he shall receive from the officer whose deputy he is a certificate under his hand to the effect that such officer has resumed his duties. No Registrar shall have power to act during such term as his Deputy is lawfully acting. 7 '['he Registrar-General and every Registrar duly appointed are hereby respectively empowered to receive and take the several fees specified in the Schedule B to this Act; and all fees so received shall be accounted for by them to the Colonial Treasurer at such times and in such manner as he shall from time to time direct. Any Registrar, or any other person required by this Act to do any act for which a fee is demandable, may refuse to do such act until such fee is first paid.

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Marriage Acts Compilation.

8. It shall be lawful for the Registrar-General from time to time to make, amend, alter, and revoke regulations (not being repugnant to the provisions of any Act lawfully in force for regulating marriages in the colony) for the general management of the registry offices, and the preparation and transmission of all returns required from Registrars and Officiating Ministers respectively, and for the more effectually carrying out the provisions of any or all Marriage Acts in force in the colony ; and such regulations, after being approved by the Governor, shall be obeyed accordingly. Officiating Ministers. 9. Any minister of religion whose name shall have been sent in to the Registrar-General 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 C to this Act shall, subject to the conditions hereinafter mentioned, be an Officiating Minister within the meaning of this Act. The name of every minister of religion shall be certified under the hand or hands of the person or persons aforesaid, and shall be entered and published as hereinafter provided. In default of any person having ecclesiastical authority as aforesaid, the name of such minister may be certified under the hands of two duly recognised office-bearers in the religious body in respect of which such certificate is granted. 10. (1.) Any minister of religion not connected with any of the bodies enumerated in Schedule C to this Act, who shall furnish to the Registrar-General a certificate, signed by the recognised head in New Zealand of the religious body to which he ministers, or by two duly recognised ministers of such religious body, or by ten adult members thereof, who shall append to their signatures their description as being such members, declaring that such minister is their Officiating Minister, shall be entitled to have his name inserted in the list of Officiating Ministers within the meaning of this Act. (2.) The signatures and descriptions of the aforesaid ten adult members to any such certificate shall be attested by some person, who shall verify the signatures to the certificate as the genuine signatures of the persons whose they purport to be, by a solemn declaration made under " The Justices of the Peace Act, 1882," signed by such person, and appended to such certificate. 11. The several ecclesiastical authorities as aforesaid of the respective religious bodies shall send in to the Registrar-General, in the month of December in every year, a correct list of their officiating ministers. Every certificate under the hands of any office-bearers or ministers or adult members respectively, as aforesaid, shall be sent in to the Registrar-General anew in the month of December in every year. 12. Every list of Officiating Ministers, and certificate under the hands of office-bearers or ministers or adult members, shall continue in force from the day on which the same is sent to the Regis-trar-General until the gazetting of the official list of ministers after ",he succeeding December, and no longer.

Registrar-General may make regulations. 1880, No. 21, sec. 8

Ministers of prevailing religious booties, Ibid, seo. 9

to be certified by ecclesiastical authorities.

In certain cases certificates may be given by officebearers.

Ministers of religious bodies not enumerated in Schedule. 1891, No. 10, sec. 2

Correct lisis to be sent in every year. 1880, No. 21, sec. 11 1891, No. 16, sec. 2

Lists to be in force for one year only. 1880, No. 21, sec. 12; 1891, No. 16, sec. 2

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Marriage Acts Compilation.

Ecclesiastical authorities to send in names of ministers, and certify suspension or deprivation of any ministers. 1880, No. 21, sec. 18

List of ministers to be gazetted. Ibid, sec. 14

Addition of names.

Cancellation of nameH. Ibid, seo. 15

Evidence of the right of Officiating Ministers to act. Ibid, sec. 16 ; 1891, No. 16, sec. 8

Notice of every intended marriage to be given. 1880. No. 21, sec. 17

13. The person having ecclesiastical authority over the several religious bodies as aforesaid shall, upon the suspension or deprivation of any minister whose name shall have been sent in to the Registrar-General in manner hereinbefore mentioned, forthwith certify such suspension or deprivation to the Registrar-General, who shall forthwith make a minute of such suspension 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 in manner hereinbefore mentioned. 14. The Registrar-General shall file ail such certificates and lists, and keep them with the records of his office ; and shall also forthwith enter the names sent to him, as hereinbefore mentioned, in a book to be kept by him for the purpose, and 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 every year, cause a copy of such list to be gazetted. 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 shall cause such names to be entered upon the aforesaid list and gazetted, and the persons so gazetted shall be deemed Officiating Ministers for the purposes of this Act. 15. In case of notice being sent to the Registrar-General of the suspension or deprivation of any minister whose name may have been entered upon the list of Officiating Ministers, the RegistrarGeneral shall thereupon erase such name from the aforesaid list, and cause a notification to be gazetted that the name of sucn minister is withdrawn from the list of Officiating Ministers, and such person shall from the date of such publication cease to be an Officiating Minister within the meaning of this Act. 16. The entry of the name of any Officiating Minister heretofore made or hereafter to be made in the book called the " List of Officiating Ministers," and the gazetting of the name of such minister, shall be deemed and taken to be conclusive evidence of the right of such Officiating Minister to act as such from the date of the certificate of the persons or person having ecclesiastical authority, or of the office-bearers, or of the ministers or adult members aforesaid respectively, as the case may be, sent in to the Registrar-General in respect of such Officiating Minister upon which such entry and publication have been or shall be made. Notices. 17. In every case of marriage intended to be solemnised in New Zealand, one of the persons intending marriage shall, under his or her hand, give notice, in the form in the Schedule D to this Act, to the Registrar of the district within which one of the persons shall have dwelt for not less than three days, and shall therein truly state the age, name, and surname, and the calling or profession and. condition, of each of the persons intending marriage, the dwelling-place of each of them, and the time that each of them

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Marriage Acts Compilation.

has dwelt in such district, and the church, building, or place in which such marriage is intended to be solemnised. If the persons intending marriage dweli in the districts of different Registrars, the like notice shall be given to the Registrar of each district. 18. Every notice of an intended marriage shall be fairly written in a book to be kept for that purpose, and called the " Marriage-Notice Book," and the signature of the person giving the notice shall be affixed to the entry in the book. The marriage-notice book shall be open during the ordinary office hours to all persons desiring to inspect the same. Consents, Caveats, &c. 19. The father, if resident within the colony, of any person under twenty-one years of age, such person not being a widower or widow, or, if the father shall be dead, the guardian or guardians lawfully appointed of the person so under age, or one of them, and, in case there shall be no guardian or guardians, or in case the father shall not be resident within the colony, then the mother of such person, if resident in the colony, and, if there shall be no mother resident within the colony, then the guardian or guardians (if any) appointed by the Supreme Court of such person, or one.of them, shall have authority to give consent to the marriage of such person, and such consent is hereby required for the marriage of such person so under age, unless there shall be no person within the colony authorised to give such consent. 20. Iti case any father, or mother, or guardian, whose consent is necessary to the marriage of a person under age, shall be non compos mentis, or in case any such guardian shall unreasonably, or from undue motives, refuse or withhold his consent to a proper marriage, then it shall be lawful for any person desirous of marrying in any of the above-mentioned cases to apply by petition to a Judge of the Supreme Court, and, in case the marriage proposed shall upon examination in a summary way appear to be proper, such Judge shall judicially declare the same to be so, and such judicial declaration shall be deemed and taken to be as good and effectual to all intents and purposes as if the father, or mother, or guardian of the person so petitioning had consented to such marriage. 21. Any person whose consent is required as aforesaid may forbid the issue of the Registrar's certificate, by writing at any time in the presence of the Registrar before the issue of such certificate the word " Forbidden " opposite to the entry of the notice of such intended marriage in the marriage-notice book, and by subscribing thereto his or her name and place of abode, and the relationship or guardianship by reason whereof he or she is authorised to forbid the issue of such certificate. 22. Any person having just and reasonable cause in that behalf may enter a caveat with the Registrar against the grant of a certilicate for the marriage of any person named in such caveat. ' Tf any caveat be entered with the Registrar, such caveat being duly signed by or on behalf of the person who entered the same,

To be entered in {^^"J^ 11 for 1880 No ' 21> sco 18 Consent neoeesary n m r * mage of ibid, sec 19 in certain oases G ou!t to the marriage of ™ , "° rs ' ' ' Beo '' issue of certificates may be forbiMen - Ibld, sec ' 21 caveat may be enterpd - Und, seo 22 meat ot caveat.

Consent necessary for marriage of minors. Ibid, see. 19

In certain oases Judge of Supreme Court may consent to the marriage of minors. Ibid, sec. 20

Issue of certificates may be forbidden. [bid, sec. 21

Caveat may be enterpd. Ibid, see 22

Effect of caveat.

5

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Marriage Acts Compilation.

Appeal on refusal.

If caveat vexatious. 1880, No. 21, sec. 23

Declaration to be made before certificate granted. Ibid, sec. 24

Provision in cases of minors.

No certificate to issue if any impediment. Ibid, sec. 25

Immediate certificates for marriage may be issued in certain eases. Ibid, sec. 26

together with his or her place of residence, and the ground of objection on which his or her caveat is founded, no certificate shall be granted until the Registrar shall have examined into the matter of the caveat, and be satisfied that it ought not to obstruct the grant of the certificate for the said marriage, or until the caveat be withdrawn by the person entering the same : Provided always that, in case of a Registrar refusing the grant of a certificate, the person applying for the same shall have a right to appeal to a Judge of the Supreme Court in a summary way, who shall thereupon either confirm the refusal or direct the grant of the certificate. 23. Every person who shall enter a caveat with the Registrar against the issue of any certificate on grounds which a Judge of the Supreme Court shall declare to be frivolous and vexatious, and that they ought not to obstruct the issue of the certificate, shall be liable for the costs of the proceedings and for damages, to be recovered in an action by the person against whose marriage such caveat shall have been entered. Certificates. 24. Before any certificate as hereinafter mentioned shall be granted by any Registrar, he shall require the person giving notice of the intended marriage to make a solemn declaration of the truth of the several particulars set forth in such notice; and also One of the persons intending marriage shall appear personally before such Registrar, and shall make his or her solemn declaration that he or she believes that there is not any impediment of kindred or alliance, or other lawful hindrance to the said marriage, and that one of the persons has, for the space of three days immediately before the day of making such declaration, had his or her place of abode within the district wherein such marriage is to be solemnised. Where either of the persons, not being a widow or a widower, shall be under the age of twenty-one years, such declaration shall further state that the consent of the person or persons whose consent to such marriage is by law required has been obtained thereto, or that there is no person resident in the colony having authority to give such consent, as the case may be. 25. No such certificate shall be issued by any Registrar if any lawful impediment be shown to the satisfaction of such Registrar to the issue thereof, nor if the issue of such certificate shall have been forbidden in manner hereinbefore mentioned by any person or persons authorised in that behalf. 26. It shall be lawful for the Registrar to whom notice shall have been given under the seventeenth section of this Act, immediately upon receipt of such notice, and upon the making of the declaration required by the twenty-fourth section, by one of the persons intending marriage, to issue a certificate of marriage in the cases following, that is to say : — When it shall appear from the notice and declaration that both the persons intending marriage are of full age, or, if a person be under age, that such person is a widow or widower; or

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Marriage Acts Compilation.

When, the person being under age ; and not a widow or widower, the consent in writing of the parent or guardian required to the marriage of such minor shall appear upon the notice, or be delivered to the Registrar in a separate writing, which consent shall be signed by the parent or guardian, either before the Registrar at his office, or before a Justice of the Peace, or a solicitor of the Supreme Court, or an Officiating Minister within the meaning of this Act, and be attested by such Registrar, Justice, solicitor, or Officiating Minister. Every certificate of marriage issued under this Act shall be in the form Schedule E to this Act. 27. When a declaration shall be made under the twenty-fourth section that, to the best of the declarant's knowledge and belief, there is no person within the colony having authority by law to give consent to the marriage, the Registrar shall not issue a certificate of marriage in any case in which one of the parties is a minor until the expiration of fourteen days after the receipt by him of the notice. 28. Every certificate as aforesaid issued by any Registrar shall be full authority for any Officiating Minister to solemnise any marriage when both the persons intending to contract such marriage dwell in the same district; but if those persons dwell in different districts, certificates from the Registrars of both districts shall be required. No such certificate or certificates shall oblige any Officiating Minister to solemnise any marriage. 29. Whenever a marriage shall not have been .solemnised within three calendar months after the notice herein required to be given shall have been given to the Registrar, such notice and any certificate which may have been granted thereupon shall be utterly void. 30. Every Registrar shall, on or within seven days after the thirty-first day of March, the thirtieth June, the thirtieth September, and the thirty-first December respectively, in every year, make a return to the Registrar-General of every certificate granted by such Registrar since his last return, and of the particulars stated in every notice received by him. Solemnisation of Marriages. 31. The Registrar's certificate or certificates, as the case may be, shall immediately before the solemnisation of any marriage, be delivered, by one of the persons about to be married, to the Officiating Minister or Registrar solemnising such marriage, as is hereinafter provided. 32. Every such marriage shall be solemnised in the place stated in the notice of such marriage, between the persons described in the notice, according to such form and ceremony as they may see fit to adopt; and Every such marriage shall be solemnised with open doors, between the hours of eight in the morning and four in the afternoon, in the presence of an Officiating Minister or other person duly authorised by this Act, and in the presence of two or more witnesses.

Cases where issue £° e e r «^° ato *° be isso, No. 21, sec. Certificate to ob^eTofficTaUng 1 Ministers. ibid,sec.2B Notice, certificate, m c ont g h o a °on°y three ibia.sec. 29 Registrars to make returns. Ibld, sec ' 3o Certificate to be Q e^v *™ d to M . TK; 7 & ™\i " Place and time for 0 be S eo. 32

Certificate to authorise, but not oblige, Officiating Ministers. Ibid, sec. 28

Notice, certificate, &c, good for three months only. Ibid, sec. 29

Registrars to make quarterly returns. Ibid, sec. 30

Certificate to be delivered to Officiating Minister Ibid, seo. 31

Place and time for marriages to be solemnised. Ibid, sec. 32

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Marriage Acts Compilation.

Marriages of Quakers excepted from Act. 1891, No. 16, sec. 4

Such marriages to be registered.

Marriages may be solemnised at the office of Registrar. 1880, No. 21, sec. 33

Particulars to be registered may be inquired. Ibid, sec. 34

Marriages to be registered in register-book. Ibid, see. 35

33. The provisions of this Act relating to the solemnisation of marriages in the presence of an Officiating Minister shall not extend to any marriage solemnised between parties one or both of whom are members of, or in profession with, the religious Society of Friends, commonly called Quakers; but every such marriage shall be as legal and valid as if duly solemnised under this Act, if such marriage was, when celebrated, a valid marriage according to the usages of the Quakers : Provided that notice of the intended marriage is given as required by this Act, and the Registrar's certificate prior to such marriage is duly issued. A certificate of every such marriage duly signed by both the parties to the marriage, and by two persons witnessing the marriage shall, within one month next following the celebration thereof, be transmitted to the Registrar-General by the person celebrating or by one of the persons witnessing the marriage, or by the husband, stating the date and place of such marriage, and the name, designation, and usual residence of each of those parties, according to the form, as nearly as may be, in Schedule F to this Act. If such certificate be not transmitted as herein required, the husband shall be liable to a penalty of not exceeding twenty pounds, which may be recovered in a summary manner before any Stipendiary Magistrate or two Justices of the Peace. 34. Any person who shall object to be married under the provisions of this Act in the presence of any Officiating Minister may, after compliance with the provisions of this Act in all other particulars, contract and solemnise marriage at the office of and before some Registrar, in the presence of two witnesses, with open doors and between the hours aforesaid : Provided that, in the presence of the Registrar and witnesses as aforesaid, each of the persons shall declare, —- " I do solemnly declare that I know not of any lawful impediment why I, A. 8., may not be joined in matrimony to C. P." ' And each of the persons shall say to the other, — " I call upon these persons here present to witness that 1 A. 8., do take thee, C. D., to be my lawful wedded wife [or husband]." Every marriage solemnised before a Registrar as aforesaid shall, for the purposes of this Act, be deemed to be a marriage solemnised by such Registrar. Registration of Marriages. 35. It shall be lawful for the Officiating Minister or Registrar by whom any marriage is solemnised according to the provisions of this Act to ask from the persons to be married the several particulars required to be registered concerning such marriage. 36. Every Officiating Minister and Registrar by whom a marriage is solemnised shall forthwith register in a book to be kept for that purpose, and called " The Marriage Register-Book," the several particulars relating to such marriage, according to the form in Schedule F to this Act:

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Marriage Acts Compilation.

Provided always that in the column of the said Schedule headed " Age" it shall be lawful to enter either " Full age" or " Minor," as the case may be. Every such register shall be signed by such Officiating Minister or Registrar, as the case may be, and by the persons married, and by two witnesses, and every entry shall be made from page to page in order from the beginning to the end of such book. 37. If any Officiating Minister shall be called upon to solemnise a marriage at a place distant from that at which his register-book is usually kept, it shall be lawful for him to enter such marriage in a blank form instead of in the register-book, and every such form i n 1 • i j.l j.- c j.l. l • j • J! iT. • l shall be signed at the time or the solemnisation ot the marriage by such Officiating Minister, by the persons married, and by the witnesses; and, on his return to the place at which his register-book is kept, such Officiating Minister shall forthwith copy such entry accurately and in full into the said register-book, with a note certifying under his hand that he has made a true copy of the original record, and such original record shall be carefully preserved by him for production if required. 38. Every Officiating Minister or Registrar by whom any marriage is solemnised who shall neglect to register the same shall forfeit and pay a penalty of fifty pounds, to be recovered in a summary way. 39. The marriage register-books shall be safely kept by the Officiating Ministers and Registrars respectively; and every Officiating Minister by whom or Registrar before whom any marriage has been solemnised, or the Officiating Minister in whose charge the marriage register-book is usually kept, shall, in the months of July, October, January, and April, respectively, make and transmit to the Registrar-General a true copy, certified by such Officiating Minister or Registrar under his hand, of all the entries of marriages in the register-books kept by him since the last return, and if there shall be no marriage entered therein since the last return he shall certify the fact under his hand. Every Officiating Minister or Registrar who shall refuse or neglect to make and transmit such return or certificate within the several times herein specified shall be liable for every such offence to forfeit a sum not exceeding ten pounds, to be recovered in a summary way. 40. The Registrar-General shall cause indexes to be made of the certified copies of entries of marriages forwarded to him, and shall permit any person demanding to do so to search any such index, and to have a copy, certified under the Registrar-General's hand, of any record of any marriage the particulars of which have been duly forwarded to the Registrar-General by the Officiating Minister or Registrar by whom such marriage was solemnised or registered, as may be authorised by the Acts for regulating marriages which may be in force in the colony. Certified copies of marriage returns made or given by the Registrar-General, and purporting to be signed by him, shall be received as pritnd facie evidence in any Court of justice within the colony of the fact of the marriage to which it relates having been solemnised.

signatures to re s ister - Registration of certain circumstanoes - 1880, No. 21, sec. 36 , Penalty for not re g l9term lbld > sec - 37 Copies of register to R e e g°gtTar-Ijenera] Ibid . ccc . as Penalty on failure, Registrar General t0 kepp ln(lexes - Ibld, sen ' 39 gearohes . extractS) &o. certified oopy of *g t e ri^t ° bereoeiTed

Registration of marriages in a blank form under certain circumstances. 1880, No. 21, sec. 36

Penalty for not registering. Ibid, sec. 37

Copies of register to be forwarded to Begi strar- Genera]. Ibid, sec. 38

Penalty on failure.

Registrar General to keep indexes. Ibid, sen. 39 Searches, extracts, &o.

Certified oopy of entries to be received as evidence.

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Marriage Acts Compilation.

Registrar General, official reoords of possession of private o 1889, No. 7, sec. 3

supplemented deemed to be original. ibid, sec. i Sealed copies evfdenee°of be marriage. ibid, sec. 5 Mamage with sister S vaiid l{es -1880, No. 57, see. 2

Sealed copies thereof to be evidence of marriage. Ibid, see. 5

Marriage with deceased wife's sister valid. 1880, No. 57, aeo. 2

41. The Registrar-General for the colony, on receiving from any parties to a marriage, or any witness thereto, or from any person on behalf of either of the said parties or of any of their issue, an original certiiicate of the solemnisation of such marriage purporting to be signed by the Officiating Minister or Registrar who solemnised the same, or a certificate of the solemnisation of the said . . , „ . , , . , marriage purporting to be a copy of an entry made by the said Officiating Minister or Registrar in a marriage register-book, signed by some person being an Officiating Minister or Registrar, and on being satisfied of the authenticity thereof, and of the nonexistence of the marriage register-book wherein an entry of the solemnisation of such marriage should have been made, or of the loss or destruction thereof, and of the prior issue of the Registrar's certificate authorising such marriage, may accept the said certificate as if the same were a true copy, certified by an Officiating Minister or Registrar under his hand, of an entry of marriage in the registerbook kept by him, and bind the same up with his official records. The said Registrar-General, for the purpose of establishing the authenticity of any marriage certificate as aforesaid, may examine witnesses on oath, and may administer oaths to such witnesses, and may require any other proof, by affidavit, declaration, or otherwise as lie shall think fit. 42. Every certificate as aforesaid sent to the Registrar-General shall, before it is accepted by him as an official record, be indorsed with the date of the receipt thereof, the names of the parties from whom he received it, with a short statement of the circumstances attending the case; and to this indorsement he shall attach his name and seal of office. 43. A certified copy made or given by the Registrar-General, purporting to be signed by him, of any marriage certificate as aforesaid which is accepted by the Registrar-General as an official record, shall be received as primd facie evidence in any Court of justice within the colony of the fact of the marriage to which it relates having been solemnised. The Registrar-General shall, as soon as may be, transmit to the parties from whom he received a certificate which has been accepted by him as an official record a certified copy of such certificate free of any charge. Valid and Invalid Marriages. 44. Every marriage between any person and his deceased wife's sister which has heretofore been or which shall hereafter be contracted and solemnised before any minister of religion or Registrar duly authorised to solemnise marriages, shall be deemed to have been and be valid and binding; and the issue born or hereafter to be born of such marriages shall be deemed to have been and to be born in lawful wedlock : Provided that this Act shall not render valid any such. marriage in any case where either of the parties of such marriage shall thereafter before the passing of " The Deceased Wife's Sister Marriage Act, 1880," 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

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Marriage Acts Compilation.

lawfully inherited prior to the coming into operation of the lastmentioned Act, or affect any Us pendens. 45. Every marriage between any woman and her deceased husband's brother which has heretofore been or which shall hereafter be contracted and solemnised before any minister of religion or Registrar duly authorised to solemnise marriages shall be deemed to have been and to be valid and binding; and the issue born or hereafter to be born of such marriages shall be deemed to have been and to be born in lawful wedlock : 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 passing of " The Deceased Husband's Brother Marriage Act, 1900," 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 coming into operation of the last-mentioned Act, or affect any Us pendens. 46. It shall not be necessary, in support of any marriage solemnised under this Act, to give any proof of the actual dwelling of either of the persons so married previous to the marriage within the district wherein such marriage was solemnised for the time required or of the consent of any person whose consent thereunto is required by law. Nor shall any evidence be given to prove the contrary in any suit touching the validity of such marriage, neither shall any marriage be deemed to have been unduly solemnised by reason of any mere error or defect in the notice, declaration, or certificate required before solemnisation, or in the registration of the marriage when solemnised, when the identity of the parties is not questioned, nor on acount of any other infringement of the provisions of this Act, except as provided in the section next following. Nothing herein contained shall exempt any Officiating Minister or Registrar who shall do anything contrary to the provisions of this Act from any penalty to which he would have been liable for such offence but for this section. 47. If any persons shall knowingly and wilfully intermarry 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 this Act, the marriage of such persons shall be null and void. 48. If any valid marriage shall be procured by a party to such marriage to be solemnised 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 such 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 His Majesty's Attorney-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 has accrued or shall accrue to the party so offending by force of such marriage,

Marriage with deceased husband's brother permissable and lawful. 1900, No. 72, sec. 2

Marriages not to be invalid for certain reasons. 1880, No. 21, see 40

Inadmissable evidence.

No release from penalties.

Marriages unduly solemnised knowingly to be void. Ibid, see. 41

Forfeiture of property acquired on marriage of minors without consent. Ibid, sec. 42

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Marriage Acts (Compilation.

order of court.

where both parties offend '

ah settlements, &c, marrUge U void. -1880, No. 21, sec. 43

Proceedings to be withm one year. i i, sec. 44 Like forfeiture for fXe r 'notio U e nder ibid, sec. 45 Making false declaration. False representation - bid, sec. 47

Like forfeiture for marriage under false notice. Ibid, sec. 45

Making false declaration. Ibid, sec. 46

False representation. bid, sec. 47

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 persona] estate or pecuniary benefits from such marriage. If both the parties so contracting marriage shall, in the iudgment 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 the 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. 49. All agreements, settlements, and deeds entered into and exeeuted 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 as the same shall be contrary to and inconsistent with the provisions of such a security and settlement as shall be made by or under the direction of the Supreme Court as aforesaid, under the authority of this Act, shall be absolutely null and have no force or effect. 50. 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 relators hath or have known or discovered the solemnisation of the marriage by which such forfeiture shall have been incurred. 51. If any valid marriage shall be had under the provisions of tnis Act Dv 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 for a forfeiture of all estate and interest in any property accruing to the offending party by such marriage, and the proceedings thereupon and the consequences thereof shall be the same as hereinbefore provided. Offences. 52. Every person who shall knowingly and wilfully make any false affirmation or declaration for the purpose of procuring any Registrar's certificate shall be liable to imprisonment with or without hard labour for any term not exceeding two years, or to a penalty not exceeding fifty pounds. 53. Every person who shall forbid the issue of the Registrar's certificate by falsely representing himself or herself to be a person

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Marriage Acts Compilation.

whose consent to such marriage is required by law, knowing such representation to be false, shall be liable to imprisonment w T ith or without hard labour for any term not exceeding two years, or to a penalty not exceeding fifty pounds. 54. Every person who shall knowingly and wilfully solemnise any marriage in any other place than the church, office, or place specified in the certificate required by this Act, and every person who shall knowingly and wilfully solemnise any marriage without a certificate from the Eegistrar as required by this Act, shall be liable to imprisonment with or without hard labour for any term not exceeding two years, or to a penalty not exceeding fifty pounds. 55. Every person who shall falsely pretend to be an Officiating Minister, and shall solemnise any marriage, knowingly and wilfully so offending, shall be liable to imprisonment with hard labour for any term not exceeding seven years. 56. Every Registrar who shall knowingly and wilfully issue any certificate for marriage after the expiration of three calendar months 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 authorised 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 solemnise, in his office or elsewhere, any marriage herein declared to be null and void, shall be liable to imprisonment with hard labour for any term not exceeding seven years. 57. Every Officiating Minister and Registrar who shall knowingly or wilfully, without the consent of parents or guardians, solemnise any marriage wherein one or both of the persons has not or have not attained the full age of twenty-one 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. 58. Every person who shall wilfully make or cause to be made, for the purpose of being inserted in any marriage register-book, any false statement touching any of the particulars required to be known and registered under the provisions of any Act for regulating marriages in the colony which shall at the time be in force, shall be liable to imprisonment with or without hard labour for any term not exceeding two years, or to a penalty not exceeding fifty pounds. 59. Every action or prosecution under this Act shall be commenced within the space of three years after the offence was committed.

Solemnising marriage otherwise tban according to this Act. 1880, No. 21, sec. 48

Solemnising marriage falsely pretending to be an Officiating Minister. Ibid, sec. 49

Registrar acting illegally in certain cases. Ibid, sec. 50

Penalty (or solemnising marriage of minors without consent. Ibid, sec. 51

Making false statements. Ibid, sec. 52

Limitation of prosecutions. Ibid, sec. 53

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Marriage A els Compilation.

Schedule,,.

SCHEDULES.

Section 1.

SCHEDULE A. Acts compiled. 1880, No. 21.—"The Marriage Act, 1880." 1880, No. 57. —" The Deceased Wife's Sister Marriage Act, 1880." 1889, No. 7.-—" The Marriage Act Amendment Act, 1889." 1891, No. 16. — " The Marriage Act Amendment Act, 1891." 1900, No. 72.—" The Deceased Husband's Brother Marriage Act, 1900."

Section 7.

SCHEDULE B. Fees to be paid to Registrars. £ s. d. For every notice given of an intended marriage ... ... ... 026 For every inspection of a marriage-notice book ... ... ... 010 For every caveat entered ... ... ... ... ...050 For Registrar's certificate, under section 26 ... ... ...10 0 For Registrar's certificate, under section 27 ... ... ...0 5 0 For every marriage solemnized by a Registrar .. ... ...10 0: For a search in a Registrar's marriage register-book, extending over a period of not more than one year ... ... ... ... 026 For every additional year ... ... ... ... ...010 For every single certified copy of an entry therein ... ... ... 026 For the same, under the sea] of the Registrar ... ... ...0 5 0 For every search in any index or nu.rriage records in the office of the Registrar-General ... ... ... ... ... 0 5 0 For every single certified copy of any marriage entry in the records of the Registrar-General's Office ... ... ... ...026 For the same, under the seal of the Registrar-General ... ...0 5 0

Sections 9, 10. 1901, No. 3, Private. 1902, No. 49.

SCHEDULE C. Religious Bodies. The Church of the Province of New Zealand, commonly called the Church of England. The Presbyterian Church of New Zealand. The Roman Catholic Church. The Methodist Church of Australasia in New Zealand. All Congregational Independents. Baptists. The Primitive Methodist Connexion. The Lutheran Church. All Hebrew Congregations. The Society of Friends.

Seotion 17.

SCHEDULE D. Notice of Intended Marriage. To the Registrar of Marriages for the District of I hereby give you notice that a marriage is intended to be had, within three

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Marriage Acts Compilation.

calendar months from the date hereof, between me and the other party herein named and described, that is to say: —

Witness mv hand, this day of , 19 . J. S.

SCHEDULE E. Marriage Certificate. Section 26. G. H., the Registrar of Marriages for the District of To A. 8., of , an Officiating Minister for the District of and all other Officiating Ministers for the same district. Whereas C. D., of , has given notice to me, according to the provisions of " The Marriage Acts Compilation Act, 1904," of a marriage intended to be solemnised between the said C. D. and E. F., of [spinster]: And whereas the said C. D. has complied with all the requirements of the said Act: Now I, G. H., the Registrar of Marriages for the District of , do hereby certify to you, the said A. 8., and to all other Officiating Ministers for the District of , that the said C. D. has complied with the requirements of the said Act, and marriage may be solemnised between the said C. D. and E. F. : Provided that such marriage be publicly solemnised in the presence of you the said A. 8., or any one of you [or the Registrar], and two or more witnesses, within three calendar months from the [Here insert the date of giving notice], in the [Here describe the church, building, office, or 'place where the marriage is to be between the hours of eight in the forenoon and four in the afternoon. Given under my hand this da 3' of , 19 . G. H., Registrar.

SCHEDULE F. Marriage Register. 19 . —Marriages in the District of [Auckland].

Sections 33, 3&

Married, after the delivery to me of the certificate required by " The Marriage Acts Compilation Act, 1904," by A. 8., Officiating Minister [or Registrar]. This marriage was solemnised between us, John Cox, J , John Hastings [Place of abode and In the presence calling] . Mary Thompson, of us, Geoffrey Mitchell [Place of abode ( and calling]. x

By Authority: John Mackay, Government Printer, Wellington.—l9o4.

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Marriage Acts Compilation.

Name and Surname. Condition. Calling or Profession. Age. Dwelling-place. Church, Building, D }^ rict , in ™ Wo , h Length Office', or Place * Party of where the Mar- f? sl g es -.. w ? eI ?. BoBidence. U to he g^SfSS solemnised. tricts.

to, a 8 % •o-a g.2 a x ill Ages. O Condition of the Parties {Bachelor or Spinster). If a Widower or Widow, Date of Decease of former Wife or Husband. Birthplace. Resid. mce. Pan mts 11 P3 Present. Usual. Father's Name and Surname, and his Bank or Prolession. Mother's Name and Maiden Surname.