The Pamphlet Collection of Sir Robert Stout: Volume 12
III. Consents to Marriage, Caveats, &c
III. Consents to Marriage, Caveats, &c.
Marriage Acts.
Marriage Acts.
§ 21. 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 authorized to give such consent.
Consent necessary when under age.
1854, Act No. 12, Sec.16!.
§ 22. 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 the relationship or guardianship by reason whereof he or she is authorized to forbid the issue of such certificate.
Issue of certificates may be forbidden.
Ibid, See. 18.
§ 23. In case any father, or mother, or guardian,
whose consent is made necessary by "The Marriage Act, 1851," to the marriage of a person under age, shall be
non compos mentis, or in case any such
guardian shall unreasonably or from undue motives refuse or withhold his 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, and in case the marriage proposed shall upon exam-
ination in a summary way appear to be proper, 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, or mother, or guardian of the persons so petitioning had consented to such marriage.
In certain cases Judge of Supreme Court may give consent to the marriage of minors.
1858, Act No. 29, Sec. 9.
Marriage Acts.
Caveat may be entered.
1854, Act No. 13, Sec. 19.
If caveat vexatious.
Ibid, Sec. 20.
The making of a false representation a misdemeanour. 1854, Act No. 12, Sec. 30.
Marriage Acts.
§ 27. Any Officiating Minister or Registrar who
shall knowingly or wilfully, without the consent of parents or guardians, solemnize or he present at any
marriage wherein one or both of the parties has not, or have not, attained the full age of twenty-one years, shall for every such offence forfeit and pay a sum not exceeding one hundred pounds, to be recovered by action in the Supreme Court.
Persons solemnizing marriage of minors without consent liable to a penalty.
Ibid, Sec. 40.