Marriage Registry Act, 1812
Statutes of New Brunswick. 52 George III, c. 21
(Passed March 7, 1812)



 
 


ANNO REGNI
GEORGII III.
BRITANNIARUM REGIS,
QUINQUAGESIMO QUARTO.

AT the GENERAL ASSEMBLY of the Pro-
vince of NEW-BRUNSWICK, begun and holden at FRE-
DERICTON, on the twenty-seventh Day of JANUARY,
Anno Domini, 1810, in the Fiftieth Year of the Reign
of our said Sovereign Lord GEORGE the THIRD,
by the Grace of GOD, of the United Kingdom of
Great Britain and Ireland, KING, Defender of the
Faith, &c. and from thence continued by several
Prorogations, to TUESDAY the eleventh Day of JANU-
ARY, 1814 ; being the Fourth Session of the Fifth
General Assembly convened in the said Province.

CAP. XXI.
An ACT more effectually to provide for the pub-
    lic Registering of all Marriages solemnized
    within this Province.    Passed the 7th of March,
    1812.

WHEREAS the provisions made for the Registry of Mar-
riages have been found to be ineffectual: and it is ex-
pedient that there should be but one book in each County
for the Registry of all Marriages solemnized within the same.

    I. Be it therefore enacted by the President, Council, and As-
sembly, That the fourth Section of an Act made and passed
in the thirty-first year of the Reign of His Present MAJESTY,
intituled " An Act for regulating Marriage and Divorce, and
" for preventing and punishing Incest, Adultery, and Forni-
" cation," be, and the same is hereby repealed.

    II. And be it further enacted, That immediately after the 
passing of this Act the Clerks of the Peace of the several
Counties in this Province, shall each be provided with a book
at the expence of the Province, for the Registry of the Cer-
tificates of all Marriages which may be celebrated and so-
lemnized within the said Counties respectively, which book
shall contain six quires of good paper, and be well bound,
and every page thereof shall be marked at the top with the
figure of the number of every such page, and the same book
shall be intitled and deemed and taken to be the book of
Registry of Marriages for the same County.

    III. And be it further enacted, That from and after the
first day of May next, all Marriages shall be solemnized in
the presence of two or more credible witnesses, besides the
Minister or person who shall celebrate the same, and that
immediately after the celebration of every Marriage, a Certi-
ficate thereof shall be made in which it shall be expressed
that the said Marriage was celebrated by Banns or Licence,
and if both, or either of the parties named by Licence, be
under age, with consent of the Parents or Guardians as the
case may be ; and shall be signed by the said Minister or
other person so celebrating the same, with his proper hand,
and also by the parties named and attested by such two wit-
nesses ; which Certificate shall be made in the form or to the
effect following, that is to say -
 
A. B. of the Parish of _____ and C. D. of the Parish of __
___ (or same Parish,) were married by {Banns / Licence} with consent
of {Father / Guardian} this _____ day of _____ in the year _____ by
me E. F. {Rector, &. as the title may be.}
This Marriage was solemnized between us {A. B. / C. D.} in the pre-
sence of {G. H. / I. K.}

    And the same Certificate so made and attested shall be
within two months from the making thereof, transmitted by
the said Minister, or other person so celebrating such Marri-
age, to the Clerk of the Peace of the said County, in which
the same Marriage is solemnized, and be forthwith Register-
ed at full length by such Clerk, in the book so provided as
aforesaid, and when Registered an indorsement made there-
on of the day of such Registry, and the page of the book in
which the same is Registered, and then the same Certificate
shall be filed by the said Clerk, to remain in his office.

    IV. And be it further enacted, That at the time of the ce-
lebration of any Marriage, the Minister or person celebrating
the same, shall demand and receive the sum of seven shillings
and six pence, one moiety thereof as a compensation for ma-
king the Certificate of such Marriage, and transmitting the
same as herein before mentioned, and the other moiety shall
be paid by him to the Clerk of the Peace, as his fee for Re-
gistering and filing the Certificate.

    V. And be it further enacted, That for every neglect or re-
fusal of any person so celebrating any Marriage, to make
and transmit the Certificate thereof, or of any Clerk of the
Peace to Register and mark and file the said Certificate in
manner and form aforesaid, the Person offending shall forfeit
and pay to His MAJESTY, the sum of twenty pounds, to be
recovered with costs of suit by bill, plaint or information in
the Supreme Court of Judicature.

    VI. And be it further enacted, That copies from the said
Register of the entries therein made certified by the said
Clerk of the Peace, under his hand, and the seal of the Court
of General Sessions of the Peace, which the said Clerk is
hereby authorised upon such occasions to use, shall be recei-
ved and taken as evidence, in all Courts of Law or Equity
in this Province, without other proof of the same being co-
pies : Provided always that nothing in this Act contained,
shall be construed to extend to any Marriages amongst the
people called Quakers.


Transcriber's Remarks

Marginal notes have been omitted. The short title was not part of the original. It was added by the transcriber.

Transcribed by Craig Walsh.
September 2001.

Disclaimer: I have provided this transcription for its historical interest. It should not be considered an official or legal copy of the act.

Source
New Brunswick. Acts of the General Assembly of His Majesty's Province of New-Brunswick; Passed in the Year 1812. Saint John: Jacob S. Mott, King's Printer. 1812. pp. 24 - 26.

Return to the Vital Statistics Legislation page.

This page was prepared by Craig Walsh.
First posted 3 September 2001.