II.—CONSENTS TO MARRIAGE, CAVEATS, &c.

New Zealander, Volume 3, Issue 166, 1 January 1848, Page 3

lI.— CONSENTS TO MARRIAGE, CAVEATS, &c.

Consent necntary when party under age. 15. The father, if living, of any party under 21 years of nge, such party not being a widower or widow, or if the father shall be dead, or absent from the colony, the guardian or guardirns of the person of the party so under age, lawfully nppointed, or one of them ; and in rase there shall be no guardian or guardians, then the mother of such party, if unmarried and resident in the e-lony ; and if there shall be no mother unamrned resiuent withiu tlieco'ony, then tb a guardian or guardians (if aDy) of the person appointed My the Supreme Court, or one of them, shall have authority to give consent to the marriage of such party 10 under age, unless there shall be no person authorized to give mch consent.

In certain cases consent of Jud^e of Supreme Court may be given. 16. In case the father or fathers of the parties to be married, or of one of them so under age as aforesaid, ■hall be non compts mentis, or the the gutrdUn or guardians, mother «r mothers, or any of them whose consent is mcde necessary, as aforesaid, to the mar* riage of such party or parties, shall be non compis mentis, or in parts beyond the seas, or shall unreasonably, or from undue motives, rrfu^e, or withhold thi-, or her, consent to a proper rmrritge, ihenit shall and may be lawful for any person desirous of marrying, in any of the above mentioned cases, to apply by petition to a Judge of the Supieme Court, any one of whom is hereby empowered to proceed upon such petition in a summaiy way, and, in case the marriage propoied, shall upon examination appear to be proper, any such Judge shall judicially declare the same to be •o, and such judicial dccla r ation shall be deemed and taken to be as good «nd effectual to all intents and purpoi s, as if the tather, guardian, or guardians, or mother of the person to petitioning had consented to such maniage. Issue of certificates may be forbidden. 17. Any person whose consent is required at afore■aid, muy forbid the issue of the Deputy Registrar's certificate! by writing*, at any time, in the presence of the T>eputy 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 place of abode, and his or her character in respect of either of the parties, by reason of which he or she is to authorised. And in case the issue of any such certificate shall have been so forbidden, the notice and all proceedings thereupon shall be utterly void. Caveats may be entered. 18. Any person on the payment of five shillings, may enter a caveat with the Deputy Registrar, against the grant of a certificate, or a license for the marriage of any person named therein.— And if any caveat be entered with the Deputy Registrar, such caveat being duly signed by, or on behalf of the person who enters the same, together with his or her place of residence, and the ground of objection on which bis or her eaveatis founded, no certificate or license shall be granted until the Deputy Registrar •ball have examined into the matter of the caveat, and be satisfied that it ought not to obstruct the grant of the certificate or license for the said marriage, or until the caveat be withdrawn by the party entering the nme. Provided ahvayt, in case of a Deputy Registrar refusing the grant of a certificate or license, the person applying for the same shall have a right to ap» peal to the Registrar General of Births, Deaths, and M*rriagei, who bball thereupon either confirm the refusal, or direct the grant of the certificate or license // cavtat vexatious. r 19. Every person who shall enter a caveat with the Deputy Registrar against the grant of any license or isiue of any certificate on grounds which the said Registrar General shall declare to be frivol' us and vexatious, and that they ought not to obstruct the grant of the license, shall be liable for the cost of the proceedings, and for damages to be recovered in a special action upon the case, by the party agninst whose marriage such caveat shall have been entered.