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The Pamphlet Collection of Sir Robert Stout: Volume 12

V. Registration of Marriages

V. Registration of Marriages.

§ 35. Every Officiating Minister and every Registrar,

Marriages to be registered.

immediately after a marriage solemnized by

1858, Act No. 29, Sec. 11.

him, or which may have taken place in his presence, shall register in a book to be kept for that purpose the several particulars relating to such marriage, according to the form in Schedule C to this Act annexed; and every such register shall be signed by such Officiating Minister or Registrar, as the case may be, present at such marriage, and by the persons married, and by two witnesses, and every entry shall be made from page to page in order from the beginning to the end of such book: Provided always that it shall be lawful to use the form prescribed by the Schedule C of "The Marriage Act, 1854," but it shall be only necessary to make the entries in the columns corresponding with the columns of Schedule C to this Act annexed: Provided also that in the column headed "Age" it shall be lawful to enter either "Full Age" or "Minor," as the case may be.
§ 36. It shall be lawful for the Officiating Minister,

Officiating Miniate may I inquire particulars to be registered.

or Registrar, before whom any marriage is solemnized according to the provisions of this Act, to ask from the persons to be married the several

1851, Act No. 12, Sec. 26

particulars required to be registered concerning such marriage.
§ 37. If any Officiating Minister shall be called

Registation of marriages under certain circumstance.

upon to solemnize a marriage at a place distant from that at which his Register Book is usually

1858, Act No. 29, Sec. 1

kept, it shall be lawful for him to enter such mar- page 12

Marriage Acts.

riage in a blank form instead of in the Register Book, and every such form shall be signed at the time of the solemnization of the marriage by such Officiating Minister, by the persons married, and by the witnesses, and on his return to the place at which his Register Book is kept such Officiating Minister shall forthwith copy such entry accurately and in full into the said Register Book, with a note certifying under his hand that he has made a true copy of the original record, and such original record shall be carefully preserved by him for production if required.


§ 38. Every such Officiating Minister or Registrar

1854, Act No. 12. Sec. 28.

who shall neglect to register any marriage solemnized by him, or which may have taken place in his presence, shall forfeit and pay for every such offence a penalty of fifty pounds, to be recovered in a summary way.

Copies of Marriage Register to be forwarded to Registrar-General quarterly.

§ 39. The Marriage Register Books shall be safely kept by the Officiating Ministers and Registrars

1858, Act No. 29 Sec. 13.

respectively; and every Officiating Minister or Registrar, as the case may be, before whom any marriage has been solemnized or has taken place shall, in the months of July, October, January, and April, respectively, make and transmit to the Registrar-General, or other officer to be appointed by the Governor in that behalf, a true copy, certified by such Officiating Minister or Registrar under his hand, of all the entries of marriages in the Register Books kept by him since the last return, and if there shall be no marriage entered therein since the last return he shall certify the fact under his hand; and every Officiating Minister or Registrar who shall refuse or neglect to make and transmit such return or certificate within the several times herein specified shall be liable for every such offence to forfeit a sum not exceeding ten pounds, to be recovered in a summary way: Provided always that when a Register Book of Mar- page 13 riages is kept at any church chapel or place at

Marriage Acts.

which different Officiating Ministers occasionally solemnize marriages, it shall he sufficient that the Officiating Minister in whose charge such hook is usually kept shall transmit to the Registrar-General, quarterly, copies of all entries made in the book, such copies being certified under his hand to he correct; and he is required hereby under the aforesaid penalties to transmit such copies at the times and in the manner provided herein.
§ 40. Every person who shall wilfully make or

Penalty for making false entries.

cause to be made, for the purpose of being inserted in any register-book of marriages, any false statement

1875, Act No. 22, Sec. 6.

touching any of the particulars required to be known and registered under the provisions of any Act for regulating marriages in the colony which shall at the time be in force, shall be deemed guilty of a misdemeanour.
§ 41. Every Registrar who shall knowingly and

Registrar acting illegally in certain cases to be guilty of felony.

wilfully issue any certificate for marriage after the expiration of three calendar months after the notice

1851, Act No. 12, Sec. 39.

shall have been entered by him as aforesaid, or any certificate for marriage except the provisions of this Act he first complied with, or any certificate the issue of which shall have been forbidden as aforesaid, by any person authorized to forbid the issue of such certificate, or who shall knowingly and wilfully register any marriage herein declared to be null and void, and every Registrar who shall knowingly and wilfully solemnize in his office or elsewhere any marriage herein declared to be null and void, shall be deemed and adjudged to be guilty of felony, and shall he sentenced to penal servitude for a term not exceeding seven years.
§ 42. The Registrar-General shall cause indexes

Registrar-General to keep indexes, and may give certified copies of entries, &c.

to be made of the certified copies of entries of marriages forwarded to him under the provisions of "The Marriage Act Amendment Act, 1858," and

1875, Act No. 22, Sec. 4.

shall permit any person demanding to do so to page 14

Marriage Acts.

search any such index, and to have a copy, certified under the Registrar-General's hand, of any record of any marriage, the particulars of which have been duly forwarded to the Registrar-General by the Officiating Minister or Registrar by whom such marriage was celebrated or registered, as may be authorized by the Acts for regulating marriages which may be in force in the colony.

For every search in any index or marriage records in the office of the Registrar-General a fee of five shillings shall be paid by the person requiring such search, and for every certified copy of any marriage entry in the records of his office there shall be paid a fee of two shillings and sixpence, or if such certified copy be under the seal of the Registrar-General, a fee of five shillings. Certified copies of marriage returns made or given by the Registrar-General, and purporting to be signed by him, shall be received as prima facie evidence in any Court of justice within the colony of the fact of the marriage to which it relates having been solemnized.

Penalty for injuring or destroying registers.

§ 43. Every person who shall wilfully destroy or injure, or cause to be destroyed or injured, any

1875, Act No. 22 Sec. 5.

register-book of marriages, or any part or certified copy of any part thereof, or shall falsely make or counterfeit, or cause to be falsely made or counterfeited, any part of such register-book or certified copy thereof, or shall wilfully insert or cause to be inserted in any register-book or certified copy thereof any false entry of marriage, or shall wilfully give any false certificate, or shall certify any writing to be a copy or extract of any register-book knowing the same register to be false in any part thereof, or shall forge or counterfeit the signature or seal or stamp of the Registrar-General or any impression thereof, shall be deemed guilty of felony, and be liable on conviction to penal servitude for any term not exceeding five years: Provided always that page 15 every person having the custody or care of any

Marriage Acts.

register-hooks of marriages, who shall wilfully permit or allow any such offence as aforesaid to he committed, shall be liable to the punishment hereinbefore provided in reference to persons actually committing the same.
§ 44. It shall be lawful for the Registrar-General

Registrar-General may make regulations.

from time to time to make amend alter and revoke regulations (not being repugnant to the provisions

1875, Act No. 22, Sec. 8.

of any Act lawfully in force for regulating marriages in the colony) for the general management of the Registry Offices, and the preparation and transmission of all returns required from Registrars and Officiating Ministers respectively, and for the more effectually carrying out the provisions of any or all Marriage Acts in force in the colony; and such regulations, after being approved by the Governor, shall be obeyed accordingly.