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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 Licences 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 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, 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-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 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, &c.)

5. If any person authorised under and by virtue of the provisions of this Ordinance to grant Licences to marry without publication of Banns shall grant any such Licence 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 £5 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 Licence as aforesaid shall 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 the authority of any Licence so to 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.

II.—OFFICIATING MINISTERS.

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

8. 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 Province, may apply to the Registrar-General of births, deaths, and marriages, and the Registrar-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 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 shall file and preserve one of such certificates among the records of his office and shall give public notice thereof in the Government Gazette.

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

9. It shall be lawful for the Governor 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 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 Registrar-General, and he is hereby required to make entry accordingly in 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 or other the Officer administering the Government 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 such person as may have been entered under the direction of such Governor or Officer as aforesaid that there is proper and sufficient reason 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 instrument under his hand to direct the Registrar-General to cancel such entry, and the Registrar-General shall cancel such entry accordingly and certify the same in the Government Gazette and such person in either case shall thereupon cease to be, or to be deemed an officiating Minister within the meaning of the said recited Ordinance.

(This Ordinance to be deemed to form part of the Marriage Ordinance.)

11. This Ordinance shall be construed with and shall be deemed and taken to all intents and purposes to form a part in the said recited Ordinance for regulating marriages within the Colony of New Zealand.

Commissioner of Crown Lands Office,
Auckland, 25th October, 1849.

THE following person having applied for a Licence for a Defined Run, the description of the Run claimed now lies at this office, for the inspection of any person concerned.

Name of Applicant | Situation of Run,
Robert Graham. | Foley’s claim—Waiuku.

W. GISBORNE,
Commissioner of Crown Lands