MARRIAGE AMENDMENT ORDINANCE.

New Zealand Spectator and Cook's Strait Guardian, Volume VI, Issue 456, 15 December 1849, Page 4

MARRIAGE AMENDMENT ORDINANCE.

IN THE TEAR OT THE REIGN OF HER MAJESTY QUEEN VICTORIA. SESSION, No. ANALYSIS — Title. Preamble. 1/ Superintendent of Wesleyan Missions and Moderator of the Presbyteries of tfieChurch of Scotland or of the Free Church of Scotland, and officiating Ministers authorised to granji Licenses.

2. Superintendent of Wesleyan Mission and Moderator of tbe Presbyteries of the Church of Scotland and of tbe Free Church of Scotland empowered to authorise others to grant such Licenses. 3. If there be no such Moderator, Governor may grant such authority. 4. Oath, Declaration, &c, to be made by party applying for License. 5. Penalty for granting License without requiring such oath. 6. Penalty for making false oath. 7. Marriage by License to be as valid as by Banns. 8. Any Minister of a Congregation of 40 may require to be entered as an Officiating Minister. 9. Power to Governor to cause a Minister to be entered as an Officiating Minister. 10. Such entries may be cancelled.. 11. This Ordinance to be deemed to be part of the Marriage Ordinance, An Ordinance to amend an Ordinance for Regulating Marriages in the Colony of New Zealand. Passed the day of 18 . (Preamble.) WHEREAS, by an Ordinance enacted by the Governor of New Zealand, with the advice and consent of the Legislative Council thereof, Session 8, No. 7, intituled "An Ordinance for Regulating Marriages in the Colony of New Zealand," it is amongst other things enacted that' Licenses to marry without publication of Banns may be issued according to the Ecclesiastical Laws of the United Church of England and Ireland and the Rom3n Catholic Church, by the proper authorities according to such Laws, for Marriages to be celebrated agreeably to the iorms and usages of the said Churches, provided that no such License for Marriage shall 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 whereas it is expedient that, subject to such provision as aforesaid, Licenses 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, wilhcut publication of Banns, should be authorised to be granted in 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 Officiating Ministers, authorised to grant Licenses). 1. It shall be lawful for the Superintendent of Wesleyan Missions, for the Modera- | tor of the Presbyteries of the Church of ScotI land and of the Free Church of Scotland for the time being respectively, and for any Officiating Ministers, to grant Licenses for Marriages without publication of Banns, to be celebrated agreeably to the forms and usages of the Wesleyan Methodist Society, of the Church of Scotland or of the Free Church of Scotland, or of the respective Religious Societies of which they may be Ministers. (Superintendent of Wesleyan Mission and Moderators of the Presbyteries of the Church of Scotland and of the Free Church of Scotland empowered to authorise others to grant Licenses.) 2. It shall be lawful for any. such Superintendent or Moderator, if he shall deem it expedient so to do, by an instrument in writing under his hand and seal to authorise one or more fit person or persons to grant such Licenses as aforesaid. (If there be no such Moderator, Governor may grant such authority.) 3. Provided always, that in case there shall be no Moderator of the Presbytery of the Church of Scotland or of the Free Church of Scotland in the Colony of New Zealand, it shall be lawful for the Governor or other Officer administering the Government of the Colony for the time being by an instrument in writing under his baud and seal, to authorise one or more fit persons to grant Licenses for Marriage to be celebrated agreeably to the forms and usages of the Church of Scotland or of the Free Church of Scotland without publication of Banns. (Oath or Declaration, &c,, to be made by party applying for License.) 4. Before any such License 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, on his or her solemn affirmation or declaration, instead of taking oath that he or she believeth that there is not any impediment of kindred or alliance or other lawful impediment to the said Marriage Law, where either of the parties not being a Widow or Widower, shall be under the age of twenty- i

one years, tfrat the consent of the person or persons whose consent to such Marriage is required by the said recited Ordinance" bath been obtained thereto, or that there is no person having authority to give such consent, as the case may be. (Penalty for granting License without requiring such oath, &c.) 5. If any person authorised under and by virtue of the provisions of- this Ordinance to grant Licenses to marry without publication of Banns shall grant any such License without first taking from one of the parties intending marriage such oath, affirmation, or declaration as aforesaid, he shall forfeit and. pay for every such offence the sum of £ to be recovered in a summary way. (Penalty for making false oath, &c.) 6. Every person who shall knowingly and wilfully make any false oath, affirmation or declaration, for the purpose of procuring any such License as aforesaid shall be deemed to be guilty of a misdemeanour. (Marriage by License to be as valid as by Banns.) 7. Every marriage to be had and solemnized under the authority of any License so granted as aforesaid shall be as good, valid, and effectual, to all intents and purposes as if such marriage had been had and solemnized after the due publication of banns, anything in the said recited Ordinance contained to the contrary notwithstanding.