β¨ 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.)
- 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.)
- 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.)
- 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.)
- 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.)
- 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.)
- 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.)
- 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.)
- 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.)
- 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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β¨ LLM interpretation of page content
ποΈ Marriage Licenses Ordinance
ποΈ Governance & Central AdministrationMarriage Licenses, Wesleyan-Methodist Society, Church of Scotland, Free Church of Scotland, Superintendent of Wesleyan Mission, Moderators of the Presbyteries, Governor
New Munster Gazette 1849, No 26