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New Zealand Gazette – 1854 – No. 35

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✨ Legislative Text on Marriage

Consent necessary
when under age.

The father, if resident within the Colony, of any person
under twenty-one years of age, such person not being a Widower
or Widow, or if the father shall be dead, the guardian or
guardians of the person of the party so under age, lawfully
appointed or one of them; and in case there shall be no
guardian or guardians, or in case the father shall not be
resident within the Colony, then the mother of such person
if resident in the colony, and if there shall be no mother resident
within the colony, then the guardian or guardians, (if any) of the
person, appointed by the Supreme Court, or one of them, shall
have authority to give consent to the marriage of such person,
and such consent is hereby required for the marriage of such
person so under age, unless there shall be no person within the
Colony authorised to give such consent.

In certain cases con-
sent of Judge of Su-
preme Court may be
given.

In case the father or fathers of the persons so
under age as aforesaid, or the guardian or guardians, mother
or mothers, or any person whose consent is made necessary
as aforesaid, shall be non compos mentis; or shall un-
reasonably or from undue motives, refuse or withhold his or her
or their consent to a proper marriage, then it shall be lawful for
any person desirous of marrying in any of the above-mentioned
cases, to apply by petition to a Judge of the Supreme Court in
a summary way, and in case the marriage proposed, shall upon
examination appear to be proper, any such Judge shall judicially
declare the same to be so, and such judical declaration shall be
deemed and taken to be as good and effectual to all intents and
purposes, as if the father, guardian, or guardians, or mother
of the person so petitioning, had consented to such marriage.

Issue of certificates
may be forbidden.

Any person whose consent is required as aforesaid, may
forbid the issue of the Registrar's certificate, by writing at any
time in the presence of the Registrar before the issue of such
certificate, the word "Forbidden," opposite to the entry of the
notice of such intended marriage in the "Marriage Notice
Book," and by subscribing thereto his or her name and
place of abode, and their relationship or guardianship, by reason
whereof he or she is authorised to forbid such certificate.

Caveat may be entered.

Any person having just and reasonable cause in that
behalf, may, on the payment of five shillings, enter a Caveat with
the Registrar against the grant of a certificate for the marriage
of any person named in such Caveat. And if any Caveat
be entered with the Registrar, such Caveat being duly signed

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III. CONSENTS TO MARRIAGE, CAVEATS, &c.

The father, if resident within the Colony, of any person
under twenty-one years of age, such person not being a Widower
or Widow, or if the father shall be dead, the guardian or
guardians of the person of the party so under age, lawfully
appointed or one of them; and in case there shall be no
guardian or guardians, or in case the father shall not be
resident within the Colony, then the mother of such person
if resident in the colony, and if there shall be no mother resident
within the colony, then the guardian or guardians, (if any) of the
person, appointed by the Supreme Court, or one of them, shall
have authority to give consent to the marriage of such person,
and such consent is hereby required for the marriage of such
person so under age, unless there shall be no person within the
Colony authorised to give such consent.
In case the father or fathers of the persons so
under age as aforesaid, or the guardian or guardians, mother
or mothers, or any person whose consent is made necessary
as aforesaid, shall be non compos mentis; or shall un-
reasonably or from undue motives, refuse or withhold his or her
or their consent to a proper marriage, then it shall be lawful for
any person desirous of marrying in any of the above-mentioned
cases, to apply by petition to a Judge of the Supreme Court in
a summary way, and in case the marriage proposed, shall upon
examination appear to be proper, any such Judge shall judicially
declare the same to be so, and such judical declaration shall be
deemed and taken to be as good and effectual to all intents and
purposes, as if the father, guardian, or guardians, or mother
of the person so petitioning, had consented to such marriage.
Any person whose consent is required as aforesaid, may
forbid the issue of the Registrar's certificate, by writing at any
time in the presence of the Registrar before the issue of such
certificate, the word "Forbidden," opposite to the entry of the
notice of such intended marriage in the "Marriage Notice
Book," and by subscribing thereto his or her name and
place of abode, and their relationship or guardianship, by reason
whereof he or she is authorised to forbid such certificate.
Any person having just and reasonable cause in that
behalf, may, on the payment of five shillings, enter a Caveat with
the Registrar against the grant of a certificate for the marriage
of any person named in such Caveat. And if any Caveat
be entered with the Registrar, such Caveat being duly signed