IV.—PENALTIES.

New Zealander, Volume 3, Issue 167, 5 January 1848, Page 3

IV.—PENALTIES.

Other Marriages otherwise than herein provided to he Void. 27. If any person shall knowingly and wilfully in" termarry, nfter the said first day of January, 1848, under the provisions of this Ordinance, in any other place than the church, chapel, office, or other place specified m the notice and certificate, where such no* tice and certificate are necessary, under this Ordinance, or without due notice to the registiar, where such notice is necessary, under this Ordinance, or without certificate of such notice duly issued, or without license, in case a licenie is necessary under this Ordinance, oj in the absence of a registiar, or officiating minister, when the presence of a registrar or officiating minister as aforesaid is necessary under this Ordinance, the mar* riage of such persons shall be null and void.

On Marriage of Minors without Consent, offending party to forfeit property acquired by such marriage. 28. If any valid marriage, solemnized by license* shall after the said first day of January, 1848, be procured by a parly to such marriage, to be solemnized between persons, one or both of whom shall be under the age of 21 years, not being a widower or widow, contrary to the provisions of this Ordinance, by means of such party faUely swearing or declaring as to any matter or matters to which »uch party ii hereinbefore required personally to swear, or declare, such party willfully and knowingly so swearing or declaring. Or if any valid marriage by banns, shall, after the first day of January, 1848, be procured by a party thereto, to be solemnized by banns, shall, after the first day of Januaiy, 1848, be procured by a paity thereto, to be solemnized by bannsi between persons, one or both of whom shall be under the age of 21 years, not being a widower or widow, such party knowing that such paily as aforesaid, under the age of 21 years, had a parent or guardian then living, and that such marriage was bad without the consent of such parent or guardian, and knowing that b?nns had not been duly published according to the provisions of this Ordinance, and having knowingly caused or procuied the undue pubJuwtion of banns, then, and in evfiy tuchcase, it shall be lawful for Her Majesty's Attorney General, by information, in the nature of an Engl'sh Bill, in the Supreme Court, at the relation of a parent or guardian of the minor, whose consent has not beeh given to such marriage, and who shall be responsible for any costs incuwed in such strt, such parent or guaidian previously making oath, as hereinafter required, to sue for a forfeiture of all estate, light, title, or interest, in any property which hath accru* d, or shall accrue, to the party so ofFend'ng, by force of such marripge ; and such court shall have yower in such suit, to declare such forfeiture, and thereupon to order and direct, that »U such estate, right, title, and interest, in aH property as shall then have accrued, or shall thereau e.t accrue to such offending party, by force of such mar. riage, shall be recured under the directioD of such court, for the benefit of the innocent party, or of the issue of the marriage, or any ot them, in such man as the said court shall think fit, for the purpose of pr"venting the offending party from deiivlng any interest » i real or personal estate, or pecuniary benefits from such mariiage, and if both, the parlies so contracting marriage, shall, in the judgment of the comt, bogo'lty of any such offence as aforesaid, it shall be law»ul for the said court to settle and secure such property, or any part thereof, immediately, for the benefit of the issue of the marriage, subject to such provi ions for the offending parties, by way of maintenance or otheiwise, as tbe said courJ, under the particular circumstances of the case shall think reasonable, regard being had to the benefit of the iisue of the marriage, during the lives of their parents, and of the issue of the parties respectively, by any future marriage, or of the parties them- _ ielves, in case either of them shall sm vive the ether* '* >. Proceedings to be upon Oath. k 29. No such information as aforessid, shall be filed, unless it shall be made out to the satisfaction of the Attorney-General, by oath or oaths, before he files the same, that the valid mat riage to be complained of in such information, hath been solemnized in such manner and under such circumstances, as in the judgment of the said Attorney-General are sufficient to authorise the fi'mg the information under the provisions of this Ordinance, and that such marriage hath bssn solemnized without the consent of the party, or parties, at who&e relation such information is proposed to be filed, or of any other parent or guardian of the minor, married to the knowledge or belief of the relator, or relators, so making oath. And that such relator or relators hath not known or discovered, that such marriage had been solemnized more than three months preTioui to his or their application to the Attorney General.

All settlemsnts 6fC. on unf such Mm i iagc to be Void. I 33. All agieements, settlements, and theds enteied into or executed by the par ies, to any mauia^e,, in consequence of, or in relation to which marriage, such Tiformnl:on as aforesaid sha" be filed, by cither of the said parties, bcfoie, rud in contemplation of such marriage, 61 lifter such mpriia*e, for 'iebenefit ot the pawec, or eithf o JfAcm <niu,sir issue, so far as the same she' 1 be oontraiy to, or in c-s»*eat »ith, the provisions of such s entity, and setflement, AS f.-' be made hv, or under the dine Jon of the Supreme Court as .-foresaid, under the aulhouLy of this Ordinance, sha!l be absolutely null, aud have no force or effect.

Proceedings tv le la/ten within one year after such marriage. 31. Any o.lg.ial information to be filed, for the purpose of obtaining a dec'aration of any such fot.'eiture as aforesaid, shall be filed witliiu one year ufrei the solemirzauon of the maulr .c, by which such forfeiture shall have been incurred, and slu'l be prosecuted with due diligence; and in case any person or necessity party to a>iy such information, shall abscond, or be, or continue out of the colony* it shall be lawiul for the Court to order such person to appear to such information, pnd answer the same, within such time, as to the Court shall deem fit, and to ciuse such oider to he served on such peison at any place out of the colony, or to cause such order to he inserted in the N. Z. Gov. Gazette, and such other newspapers, as to the Court shall seem pioper, and in default of such person appeoving and anhwemvj to such information, within the time to be limited as aforesaid, to order such information to be taken or confessed by such person, and to proceed to make such decree or order upon such information as the Corrt might have made, if the person had appeared to, and answered such infoimation; Profited always, that >n case r^e person at whose relation any s>uch bu;t shp'l have bean instituted, shall die, pending such suit, it shall be lawful for the Couit, if the Court shal! see fit, to appoint a propr r person, or proper persons, at whose relat;on such suit may be con'inued.

Jf Marna^c be under False Notice or Certificate, — the like Forfeiture. 32. If any va'id lrarrin^e shall be had nder the provisions of tb!s Ordinance, by meins of any ni fc'ly fp'se notue, certificate or declaration, made by either pjrty to such marria?;ei as to any mattsr to which a notice, certificate or declaration, is herein rcqv'rad ; it she'l a!uo be lawful for the Attoi.iey General to sue for a forfeiture of all estate and interest in any property, recurring to the offending party by such maniage, and the proceedings thereupon, and the cousequences theteof, shall be the same as are hereinbefore provided.

The making of a False Declaration, —a Misdemeanour. 33. Every person who shall knowingly and wJlully make any false declaration, or sign any false notice, or certificate, for the purpose of procuring any marriage, and any person who shall forbid the issue of the Deputy Registrar's certificate, by falsely representing himself or herself to be a person whose consent to such marriage is requi.ed by law, knowing such representation to be false, shall be deemed guilty of a misdemeanour.

Any person Solemnizing Matrimony falsely pretending to be an officiating Minister,—a Felony, 34. If any person shall, from aud after the first day of Januaiy, 1848, falsely pretend to be an officiating Minister, and shall solemnize matrimony, any such person knowingly and wilfully so offending, and being lawfully convicted thereof, shall be deemed and adjudged to be guilty of felony, and shall be transported tor the space of 14 years, Provided, that all prosecui'ons for such felony shaU be commenced within the space of three years after the offence commuted.

Solemnizing Matrimony otherwise than according to this Ordinance, —a Felony. 35. Every person who, after the said first day of January, 1848, shall knowingly and wilfully solemr;ze matiimony in any other place than the church, office, or place specified in the notice and ceuificate horeby requ'red to be given, and every person who shaM knowingly and wilfully solemnize imtrimony alter the first day of Januaiy. 1848, within 21 days a ter the entiy of the notice to the Depuiy Regiitrar, as aforesaid, or if the marriage is by by license of such Deputy Registrar, then, witb'n 7 days alter such entry, or after 3 calendar monihs after such entry, shfll be deemed and adjudged to be guilty of felony, and sha'l betunsported for the space of 14 years.

Jisuing Certificate before 21 days by Deputy Registrar, —a Felony. 36. Every Deputy Registiar who sHU knowingly and wiltu'ly issue any certificate for maniage after the fXjriiation of three calendar months s^ter the notice shall have been entered by him, as aforesaid, or my certificate for manage by license, before the expiration of' seven days a fc°r the entry of such notice, or any certificate for mf'ilage withont license, upon or betore the expiration of 21 days after the entiy of the notice, or any certificnte, the iisue of which sha'l have ban forbidden as aforesaid, by any person authoilzed to forbid the issue of the Deputy Registrar's < enincate, or who shall lenovv n^ly and w''Wy register »ny mama c herein declared to be null and void, pnd every iJeputy Registrar who shall knowingly end wilfully issue any "cense for mani" Te, a^rer the expiration of three calendar mouths after the notice shall have been entered by the Deputy Registrar as aforeseid, or who sha'l know'ngly and wilfully solemnize ii his office, any mornage herein declared to be nu" and void, shall be deemed and adjudged to be guilty of a felony, and sha" be transported for the space of 14 years.

Persons solemnizing RJairiage of Minors without Consent, liable to a Penalty. 37. Any person duly authored, or requ'red, under tb's Ordinance, to celebiate, or be present at the celebration ofnivilage, who shall knowingly or wilfully, without the consent of parents or guardians, solemn'ze, or be present at any marriage where one or both of the has, or have, not attained the fu'l pge of 21 years, the person so offending, shell, for every such offence, forfeit and pay a sum not exceeding £101), to be recovered in a summaiy way. Prosecutions under this Ordinance to be commenced within Three Years ajler Offence. 38. Every prosecution under this Ordinance, shall be commenced witbiu the space of three years after the offence committed.