ORDINANCES OF NEW ZEALAND MARRIAGE AMENDMENT ORDINANCE. Passed the 15th day July, 1851. In the Fifteenth Year of the Reion of Her Majesty Queen Victoria. SESSION XI. No. 7.

New Zealander, Volume 7, Issue 571, 4 October 1851, Page 4

ORDINANCES OF NEW ZEALAND MARRIAGE AMENDMENT ORDINANCE. Passed the 15th day July, 1851. In the Fifteenth Year of the Reion of Her Majesty Queen Victoria. SESSION XI. No. 7.

Title. "An Ordinance to amend an Ordinance for Regulating Kuniages in the hlandi of New Zealand." PrenmMe. WHEREAS, by an Ordinance enacted by the Governor of New Zealand with the advice and consent of the Legislative Council thetvof, Session 8, No. 7, intituled "An Ordinance for Regulating Marriages in the Colony of New Zealand," it is amongst other things enacted that Licences to Marry without publication of Banns may be issued according to the Ecclesiastical Laws of the United Church of England and Ireland and tbp Roman Catholic Church, by the proper authorities according to such Laws, for Marriages to be celebrated agreeably to the form and usages of the said Churches, provided that no such Licence for Marriage ehall be issued in any case in which any person whose consent to any Marriage would have been required shall not have previously given his or her consent. And toheieas, His expedient that, subject to such provisions as aforesaid, Licences for Marriages to be celebrated according to the forms and usages of the Wesleyan Methodist Society, of the Church of Scotland, and of the Free Church of Scotland respectively without publication of Banns, should be authorised to be granted m a manner hereinafter mentioned : Be it therefore enacted by the Governor-in-Chief of New Zealand, with the advice and consent of the Legislative Council thereof, as follows :—: — Superintendent of Wesleyan Mission and Moderator of the Presbyteries of the Church of Scotland and of the Free Church of Scotland, and otficiatuig Muustets authorised to grant Licences. 1 —It shall be lawful for the Superintendent of Wesleyan Mission, for the Moderator of the Presbyteries of the I Church of Scotland and of the Free Church of Scotland for the time being respectively, and for any Officiating Minibter?, to ",ra»t Licence- ior Marriages without publication of Banns, to b>-> celebrated agreeably to the forms and" usages of the Wesleyan Methodist Society, of the Cburch of Scotland or of the Free Church of Scotland, or of tha respective Religious Societies of which they may be Ministers.

Superintendent of Wesleyan Minion and Madeiator^ of the Pi eibuter'm of the Church of Scotland and of the Fiee Ckuich of Scotland empowered to authorise othe.it to grant Licences. 0. — It shall hp lawful for any such Supprintendent or Modprntor. if hf shall deem it "expedient so to do, by an instrument in writing under his hand and seal to authorise one or more fit peison or persons to grant pucli Licences as aforesaid. If there be no such Moderator, Governor may grant inch authority. 3. Provided always, that in casf> there shall be no Moderator of tbp Pnsbytery of the Church of Scotland or of the Free Church of Scotland in the Islands of New Zealand, it shall be lawful for the Governor or other Officer administering the Government of the Colony for the time heinsr by an instrument in writing: under his hand and seal, to authorise one or more fit persons to grant Licences for Marriages to be celebrated pgrepablv to the forms and usages of the Church of Scotland or of the Free Church of Scotland without publication of Banns. Oath or Declaration, ftr , to be made by party applying for Licence. 4_Before any such Licence as aforesaid shall be granted, one of the parties intending Marriage shall appear personally before the person authorised to grant the same, and shall make oath, th.it he or she believeth that there is not any impediment of kindred or alliance or ofh»T lawful impediment to the said Marriage, and, where either of the parties not being a Widow or Widower, shall be under the age of twenty-one years, that the consent of the person or persons whose consent to such marriage i* required by the said recited Ordinance hath been obtained thereto, or that there is no person having authority to give such consent, as the case may be. Penalty for granting Licence without requiring such oath. 5. — If any person authorised under and by virtue of the piovisions of this Ordinance to grant Licences to mairy without publication of Banns shall gr.int any such Licence without fiist taking from one of the parties intending marriage such oath, affirmation, or declaration as aforpsaid, he shall forfeit and pay for every such offence the sura of £100, to be recovered in a summary way. Penalty for making false oath. 6— Every person who shall knowingly and wilfully mak c any false oath, affirmation, or declaration, for the purpose of procuring any such Licence as aforesaid, shal 1 be deemed to be guilty of a misdemeanour. Marriage by Licence to be as valid as by Banns. 7, — Every Marriage to be had and solemnized under tteh c authority of any Licence so to be gi anted as aforesaid shall be" as good, valid, and effectual, to all intents and purposes as if such marriage had been bad and solemnized after the due publication of Banns, anything in the eaid recited Ordinance contained to the contrary notwithstanding.

Officiating Ministers. Any Minister of a Congregation of forty may require to be entered as an Officiating Minister. B— And he it further enacted that any Minister of R eligion wbo shall have been for a period of twelve calendar months in chargp of a Christian congregation consisting of at least forty Householders resident in the Province, may apply to the Registrar-General of births, deaths, and marriages, and the Rf»gi«trar-Genernl on production of certificates signed in duplicate by «*uch forty Householders at least, stating that the applicant has been for such period of twelve calendar months a Minister of Religion in charge of such congregation of which they are members, shall enter such applicant as an Officiating Minister within the meaning of the said recited Ordinance and in a book to be kept for that purpose, and 6hall file and pieserve one of such certificates among hp records of his office and shall give public notice thereof in the Government Gasette. Power to Governor to cause a Minister to be entered as an Officiating Minister. 9.— lt shall he lawful for the Govprnor or other the Officer administering the Government of the Colony for the time being, on the application of any Minister of Religion accompanied by such proof as his Excellency may require, by an instrument under bis hand to direct such Registrar-Geneial lo enter such applicant as an Officiating Minister within the meaning of the aforesaid recited ordinance. And it shall be the duty of every such Rogistrar-Geneia.l, and he is hereby required to make entry accordingly m the book to be kept by him as aforesaid, and also to file and preserve such instrument among: the records of his office, and to give notice thereof in the Government Gazette. Such entries may be cancelled. 10— If subsequently to the entry of any such Officiating Minister as aforesaid, it shall be made to appear to the satisfaction of the Governor of the Colony for the time being, that such person has ceased to be a Minister in charge of a Christian congregation consisting of forty resident Householders or in the case of any sucb person ; as may have been entered under the direction of such | Governor that there are proper and sufficient reasons for disallowing such persons to be entered as aforesaid for officiating in virtue of the said recited Ordinance, it shall be lawful for his Excellency by an instiument under his hand to direct the Regi-trar-General to cancel such entry, and the Registrar-General shall cancel such entry accordingly and ceitvfy the fame in the Government Gazette, and such person in either casp shall thereupon cease to be, or to be deemed an Officiating Minister wnhin the meaning of the said recited Ordinance. 11.— This Ordinance to be deemed to form part of th Marriage Ordinance. This Ordinance shall be construed with and shall be deemed and taken to all intents and purposes to form a part of the said recited Ordinance for regulating marriages within the colony of New Zealand. G. GREY, GOVERNOR-JN-CIIIFF. Passed the Legislative Council, this fifteenth day of July, in the year of our Lord, One thousand eight hundred and fifty-one. H. S. Harrison, Clerk of Council.