1. Every Christian Minister or Teacher duly
ordained ac-
cording to the rites and ceremonies of the denomination to
which he belongs, being a British subject, not engaged in any
secular calling, having charge of a Congregation in this Pro-
vince or connected therewith, may solemnize marriage by
licence or publication of banns.
2. The Governor in Council shall have power to appoint
such and so many Justices of the Peace as may be deemed
advisable, Commissioners to solemnize marriage.
3. Publication of banns shall be made by proclaiming
with
an audible voice, during divine service on three Sundays suc-
cessively, such intended marriage, in some Church, Chapel, or
other place of meeting for religious worship, in the Parish
where either of the parties reside.
4. No person shall knowingly solemnize any marriage
where
either party is under the age of twenty one years, without the
consent of father or guardian.
5. Every marriage shall be solemnized in the presence
of
two or more credible witnesses, besides the persons celebrating
the same, and immediately thereafter a certificate thereof to
the following effect shall be made, that is to say :--
A. B. of the Parish (or City) of _______, and C. D. of the
Parish (or City) of ____, were married by Banns (or Licence)
with consent of father (or guardian) in the year ___, by me,
| E. F. |
{
{ |
Rector, &c.,
as the case may be. |
This marriage was solemnized between us,
|
A. B.
C. D. |
| In presence of |
|
G. H.
I. K. |
Which shall be forthwith transmitted by the person celebrating
such marriage, to the Clerk of the Peace of the County in
which the marriage was solemnized, and immediately registered
in full, and filed, indorsed with the day of the registry and
page of the book in which it is registered.
6. The persons celebrating any marriage shall demand
and
receive seven shillings and six pence, three shillings and nine
pence thereof for making and transmitting the certificate, and
the remainder he shall pay to the Clerk of the Peace for
registering and filing the same.
7. Quakers may solemnize marriage between persons
of
that denomination, according to their forms and usages, and
the Clerk of the meeting in which the marriage is solemnized
shall transmit to the Clerk of the Peace a certificate of every
such marriage, to be registered by him.
8. Every Clerk of the Peace shall keep a book, to
be paid
for by the County, for the registry of the certificate of
marriages solemnized in his County.
9. A copy of the record of the certificate, certified
by the
Clerk of the Peace, shall be evidence of the marriage without
further proof.
10. The Governor in Council shall appoint one or
more
persons in every County in the Province, not being Ministers
of Religion, to issue Marriage Licences and take the necessary
Bonds, under such regulations as may be prescribed, which
Bonds shall be transmitted on or before the first of January in
every year to the Office of the Provincial Secretary to be filed.
11. The Clerks of the Peace for the respective Counties
shall on or immediately after the first day of January in every
year, transmit to the Secretary a list of the persons certified
to have been married in the year preceding, specifying whether
by licence or publication of banns.
12. The Secretary may issue licences in blank, marked
with the number and date of issuing, but he shall keep a
register thereof, shewing the date and person to whom issued.
13. Every persons authorized to solemnize marriages
shall on
or immediately after the first day of January in every year,
forward to the Secretary a list of the marriages celebrated by
him for the year preceding, specifying whether by licence or
banns, with the number and date of the licence and date of the
marriage.
14. No marriage intended to be celebrated by licence,
and
actually solemnized before the passing of this Chapter, shall
be void or voidable because no licence thereof had been pre-
viously obtained, if no other impediment or lawful hinderance
existed at the time of its celebration. |