✨ Marriage Licenses Ordinance




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.)

  1. It shall be lawful for any such Super-
    intendent 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 by no Presbytery Moderator, Governor may
grant such authority.)

  1. 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 hand 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.)

  1. 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, or his or her solemn affirmation
    or declaration, instead of taking oath that he
    or she believeth that there is not any im-
    pediment of kindred or alliance or of other lawful
    hindrance to the said Marriage Law, 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 is
    required by the said recited Ordinance hath
    been obtained therefor, or that there is no
    person having authority to give such consent,
    as the case may be.

(Penalty for forging License withoutrequiring
such oath, &c.)

  1. 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 with-
    out taking from one of the parties intend-
    ing marriage such oath, affirmation, or
    declaration as aforesaid, he shall forfeit and
    pay for every such offence the sum of Β£5
    to be recovered in a summary way.

(Penalty for making false oath, &c.)

  1. 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.)

  1. Every marriage to be had and solem-
    nized 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.

(OFFICIATING MINISTERS.)

(Any Minister of a congregation of forty may
require to be entered as an Officiating Minister.)

  1. And be it further enacted that any
    Minister of Religion who shall have been for
    a period of twelve calendar months in charge
    of a christian congregation consisting of at
    least forty Householders resident in the Pro-
    vince, may apply to the Registrar-General of
    births, deaths, and marriages, and the Regis-
    trar-General on production of certificates
    signed in duplicate by such 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 con-
    gregation of which they are members, shall
    enter such applicant as an Officiating Minister
    within the meaning of the said recited Ordi-
    nance and in a book to be kept for that pur-
    pose, and shall file and preserve one of such
    certificates among the records of his office and
    shall give public notice thereof in the Govern-
    ment Gazette.

(Power to Governor to cause a Minister to be
entered as an Officiating Minister.)

  1. It shall be lawful for the Governor or
    other the Officer administering the Govern-
    ment of the Colony for the time being, on the
    application of any Minister of Religion ac-
    companied by such proof as his Excellency
    may require, by any instrument under his hand
    to direct such Registrar-General to enter such
    applicant as an officiating Minister within the
    meaning of the aforesaid recited Ordinance.
    And it shall be the duty of every such Regis-
    trar-General, as aforesaid, also to file and pre-
    serve such instrument among the records of
    his office and to give notice thereof in the Go-
    vernment Gazette.

(Such entries may be cancelled.)

  1. If subsequently to the entry of any such
    officiating Minister as aforesaid it shall be
    made to appear to the satisfaction of the Go-
    vernor or other the Officer administering the


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Online Sources for this page:

VUW Te Waharoa PDF New Munster Gazette 1849, No 26





✨ LLM interpretation of page content

πŸ›οΈ Marriage Licenses Ordinance

πŸ›οΈ Governance & Central Administration
Marriage Licenses, Wesleyan-Methodist Society, Church of Scotland, Free Church of Scotland, Superintendent of Wesleyan Mission, Moderators of the Presbyteries, Governor