✨ Marriage Act Provisions and Ministers
dians, 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.
"17. 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 unreasonably 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 judicial 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.
"18. 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.
"19. 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 by or on behalf of the person who entered the same, together with his or her place of residence, and the ground of objection on which his or her Caveat is founded, no certificate shall be granted until the Registrar shall have examined into the matter of the Caveat, and be satisfied that it ought not to obstruct the grant of the certificate for the said marriage, or until the Caveat be withdrawn by the person entering the same. Provided always that in case of a Registrar refusing the grant of a certificate, the person applying for the same shall have a right to appeal to a Judge of the Supreme Court in a summary way, who shall thereupon either confirm the refusal, or direct the grant of the certificate.
"20. Every person who shall enter a Caveat with the Registrar against the issue of any certificate on grounds which a Judge of the Supreme Court shall declare to be frivolous and vexatious, and that they ought not to obstruct the issue of the certificate, shall be liable for the costs of the proceedings, and for damages to be recovered in an action by the person against whose marriage such Caveat shall have been entered."
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Registrar's certificate to be delivered to Officiating Minister, &c., or Registrar present at marriage.
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Marriage must be solemnized in the place stated in the notice, with open doors, between the hours of eight in the morning and four in the afternoon.
"23. Any person who shall object to be married under the provisions of this Act in the presence of any Officiating Minister, may, after compliance with the provisions of this Act in all other particulars, contract and solemnize marriage at the office, and in the presence of some Registrar, in the presence of two witnesses, with open doors, and between the hours aforesaid. PROVIDED that in the presence of the Registrar and witnesses as aforesaid, each of the persons shall declare 'I do solemnly declare that I know not of any lawful impediment why I (A.B.) may not be joined in matrimony to (C.D.);' and each of the persons shall say to the other 'I call upon these persons here present to witness that I (A.B.) do take thee (C.D.) to be my lawful wedded wife or husband.'
"24. The Registrar shall be entitled, for every marriage which shall be solemnized under this Act in his presence as aforesaid, to receive from the persons married the sum of three pounds."
"30. If any persons shall knowingly and wilfully intermarry on or after the said first day of January 1855 without certificate from the Registrar, or in the absence of an Officiating Minister or Registrar when the presence of an Officiating Minister or Registrar as aforesaid is necessary under this Act, the marriage of such persons shall be null and void."
The Act may be perused during business hours at the office of the Registrar, who will afford all necessary information to parties requiring the same.
The names of the under-mentioned Ministers have been received by me for insertion in the New Zealand Government Gazette, as officiating Ministers under the Act for the year 1855:—
| NAME. | RESIDENCE. | RELIGIOUS BODY. |
|---|---|---|
| The Rev. Thomas Burns, | Dunedin, | Free Church of Scotland. |
| " William Will, | Taieri, | Do. |
| " William Bannerman, | Clutha, | Do. |
| " John Albert Fenton, | Dunedin, | United Church of England and Ireland. |
ROBT. CHAPMAN,
Registrar-General, Province of Otago.
Printed for the Provincial Government by DANIEL CAMPBELL, Dunedin.
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✨ LLM interpretation of page content
⚖️
Marriage Act 1854 Provisions
(continued from previous page)
⚖️ Justice & Law EnforcementMarriage Act, Marriage Notices, Registrar, Marriage Certificates, Legal Requirements
- ROBT. CHAPMAN, Registrar-General, Province of Otago
⚖️ Officating Ministers under the Marriage Act
⚖️ Justice & Law EnforcementMarriage Act, Officiating Ministers, Religious Bodies
- Thomas Burns (Reverend), Officiating Minister
- William Will (Reverend), Officiating Minister
- William Bannerman (Reverend), Officiating Minister
- John Albert Fenton (Reverend), Officiating Minister
- ROBT. CHAPMAN, Registrar-General, Province of Otago
Otago Provincial Gazette 1854, No 16