WHEREAS it is necessary in order to the keeping
up of
a decent and regular society, that the matrimonial union
be settled and limited by certain rules and restraints ; and the
state of this province requires some provisions in this behalf, as
also for cases of divorce and alimony.
I. BE IT ENACTED, by the Lieutenant Governor,
Coun-
cil and Assembly, That when any persons of lawful age and ca-
pacity to make a contract of marriage, shall make known to any
Parson, Vicar, Curate or other person in Holy Orders of the
Church of England in the town or parish where they respectively
reside, or in case there shall be no Parson, Vicar, Curate or
other person in Holy Orders of the Church of Eng-
land in such town or parish then to any of his MAJES-
TY'S Justices of the Peace, being of the Quorum,
in the
county where they respectively reside, their intention of making
a contract of marriage, such Parson, Vicar, Curate or other
person in Holy Orders of the Church of England, shall cause
proclamation to be made with an audible voice of such intention
of marriage at some church, chapel, or other public place of
meeting for religious worship in the town or parish, or towns and
parishes where such parties and each of them respectively reside,
during the timeofdevine
[sic] service,on threeSundayssuccessively,
or in case there shall be no Parson, Vicar, Curate or other per-
son in Holy Orders of the Church of England as aforesaid, such
Justice of the Peace as aforesaid, shall cause a notification of such
bans of matrimony in writing subscribed with the hand of such
Justice of the Peace, to be affixed to some visible part of such
church, chapel or other public place of meeting for religious
worship, or some other public building to be directed and ap-
pointed by such Justice of the Peace and situate as aforesaid, on
three Sundays successively: And if there shall be no lawful
im-
pediment or objection after such publication or notification of
bans as aforesaid, it shall and may be lawful for such or any o-
ther Parson, Vicar, Curate or other person in Holy Orders of
the Church of England, or any such Justice of the Peace
as aforesaid, where there shall be no Parson, Vicar, Cu-
rate or other person in Holy Orders of the Church of
England, as aforesaid, and they are hereby respectively
authorized to solemnize and take the acknowledgment
of marriage between such parties. PROVIDED, that in case
they, or either of them are within the age of twenty one years,
consent thereto be first had of the father or guardian of the par-
ty or parties within the age last mentioned. PROVIDED
ALSO, that any marriage so to be solemnized by any such
Justice of the Peace as aforesaid, shall be solemnized and per-
formed in the manner and form which shall be directed by the
Governor, Lieutenant Governor or Commander in Chief of
the province.
II. And be it further enacted, That if any
Parson, Vicar, Cu-
rate or other person in Holy Orders of the Church of England,
or and such Justice of the Peace as aforesaid, shall presume to
solemnize or celebrate marriage between any persons whatsoever,
before proclamation or notification of bans of matrimony be-
tween them made in form aforesaid, except a licence be first had
and obtained therefor by and under the hand and seal of the
Governor, Lieutenant Governor, or Commander in Chief of this
province, he 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. PRO-
VIDED always, that every prosecution for any offence, penal-
ty, or forfeiture in this clause contained, shall be commenced
within the space of twelve months after such offence committed,
and not afterwards.
III. And be it further enacted, That if any
person, other
than a Parson, Vicar, Curate, or some person in Holy Orders of
the Church of England, or some such Justice of the Peace where
there shall be no Parson, Vicar, Curate or other person in Holy
Orders of the Church of England as aforesaid, shall presume to
solemnize or celebrate marriage or shall officiate, or assist
in
solemnizing or celebrating or making any marriage, or contract
of present marriage between any persons whatsoever, or if any
such Parson, Vicar, Curate or other person in Holy Orders of
the Church of England, or any such Justice as aforesaid, shall
solemnize or celebrate marriage or shall officiate or assist in solemni-
zing or celebrating, or making any marriage contrary to the provi-
sions and the true intended meaning of this act, every such offender
who shall be thereof convicted upon indictment or information
of His MAJESTY'S ATTORNEY
GENERAL before the Supreme
Court of Judicature or any Court of Oyer and Terminer or Goal
Delivery, shall for every offence forfeit and pay a fine to the KING
not exceeding one hundred pounds, nor less than fifty pounds
and
suffer TWELVE MONTHS imprisonment. PROVIDED al-
ways, that nothing in this act contained shall extend or be construed
to extend to prevent any Minister of the Kirk of Scotland regularly
ordained according to the rights thereof, from celebrating and
solemnizing marriage agreeable to the forms and usages of that
Church between persons of that communion. PROVIDED
also, that nothing herein contained shall extend or be construed to
extend to prohibit or restrain persons called QUAKERS
from the
full and free liberty of solemnizing marriage according to the
usages, forms and customs of that sect, in case both parties to such
marriage are QUAKERS. AND PROVIDED also, that
nothing in this act shall extend or be construed to extend to pro-
hibit or restrain any person regularly ordained in Holy Orders
of the Church of Rome from solemnizing marriage agreeable to
the forms of their Church between persons of that communion
only.
IV. And be it further enacted, That every
such Justice of the
Peace as aforesaid shall register or cause to be registered in a fair
or legible hand writing, subscribed with his own proper name
and addition be himself, or by some other person in his presence
and by his direction, in a book to be provided and kept for that
purpose, all marriages and contracts of marriage by and in pre-
sence of him and them respectively celebrated, solemnized and ac-
knowledged from time to time, and shall also within three
months from and after every such celebration and solemnization
of marriage, deliver or transmit to the Clerk of the Peace in the
county where the marriage shall have been solemnized and made
as aforesaid, a certificate or memorial thereof in writing subscrib-
ed with his proper name and addition, which certificate or
memorial the said Clerk of the Peace is hereby authorized and re-
quired to enter, transcribe and inrol in and with the records of
the court of General Sessions of the Peace. And such registry
shall be deemed and taken in all Courts of Law and Equity in this
province to be as good evidence of such marriage so registered, as
the registry of such marriage would be if made by any Parson
Vicar, Curate or other person in Holy Orders of the Church of
England, agreeable to the Canons of the said Church.
V. [Omitted.]
VI. [Omitted.]
VII. [Omitted.]
VIII. [Omitted.]
IX. [Omitted.]
X. [Omitted.]
XI. And be it further enacted, That an act
made and passed
in the twenty-seventh year of His present MAJESTY'S
reign, en-
titled " An Act for regulating marriage and divorce and for
" preventing and punishing Incest, Adultery and Fornication" be
and the same is hereby repealed, and declared to be utterly null
and void. |