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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" cation," be, and the same is hereby repealed.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 -
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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. |