CHAP. 111.

TITLE XVII.

OF THE DOMESTIC RELATIONS

CHAPTER 111.

(1899, C. 26.)

OF THE SOLEMNIZATION OF MARRIAGE.

Short Title.

"Clergyman."

"Issuer."

"License."

Only duly ordained

clergymen to solemnize marriage.

Deputy issuers

of licenses,

SHORT TITLE.

1. This Chapter may be cited as "The Solemnization of Marriage Act."

INTERPRETATION.

2. In this Chapter unless the context otherwise requires,

(a) The expression "clergyman" includes any person
authorized by this Chapter to solemnize marriage;
(b) The expression "issuer" means a person appointed
to be a deputy issuer of marriage licenses;
(c) The expression "license" means a marriage license.
R. S., c. 93, s. 5.

WHO MAY SOLEMNIZE MARRIAGES.

3. Except as otherwise provided in this Chapter, every marriage shall be solemnized by a minister or clergyman of a church or religious denomination, being a man and resident in Canada, recognized as duly ordained according to the rites and ceremonies of the church or denomination to which he belongs. R. S., c. 93, s. 6.

ISSUERS OF MARRIAGE LICENSES.

4.-(1.) The Governor-in-Council may from time to time appointment of. appoint throughout the province persons to be deputy issuers of marriage licenses, whose offices shall be so situated that no part of the province shall be at an inconvenient distance from one of them, and due publicity shall be given by the Governor-in-Council of such appointments.

Security.

(2.) Every person appointed a deputy issuer shall before entering upon the duties of his office give a bond to Her

Majesty with sureties in the sum of two hundred dollars, CHAP. 111. conditioned for the faithful performance of his duties. R. S., c. 93, ss. 10, 32.

MARRIAGE TO BE BY BANNS OR LICENSE.

Marriage to be

5. No person shall officiate in the solemnization of any solemnized only marriage unless,

after-.

(a) Publication has been made of the banns of such Banns, or
marriage; or

(b) A license has been obtained for the solemnization License.
of such marriage. R. S., c. 93, s. 7.

PUBLICATION OF BANNS.

banns, how

6-(1.) Publication of the banns of any intended marriage Publication of may be made in any church or meeting-house for divine made.' worship, at the place in which one of the parties to the intended marriage resides, by the officiating minister or clergyman of any congregation at such place, in an audible voice, during the time of divine service, and,

(a) If there is more than one public service for divine
worship in such church or meeting-house on each
Sunday, such publication shall be made at three
several services held on two or more Sundays; or

(b) Otherwise such publication may be made at two
several services on two Sundays.

publish banns

(2.) The officiating minister or clergyman shall publish Minister to the banns of any intended marriage when requested so to when so do, unless such intended marriage would be illegal, or incon- required. sistent with the rules and discipline of the church or religious denomination to which he belongs. R. S., c. 93, s. 7.

FORM OF LICENSES.

license.

1.—(1.) Marriage licenses shall be under the hand and Form of marriage seal of the Lieutenant-Governor, and may be in the form "A" in the schedule hereto or to the like effect.

accompany.

(2.) A certificate in blank that the marriage authorized Certificates to by any license was duly solemnized shall be indorsed upon every license, and another certificate to the like effect attached thereto by way of counterfoil, or in such other manner as to admit of its being easily detached therefrom. Such certificates may be respectively in the forms "B" and "C" in the schedule to this Chapter, or to the like effect.

blank.

(3.) The Lieutenant-Governor may from time to time Licenses in sign and seal licenses in blank, which shall then be furnished by the Provincial Secretary to the issuers in such numbers as are required.

CHAP. 111. (4.) Every issuer shall give the Provincial Secretary a Receipts to be receipt for all the blank licenses received by him, and shall account to the Provincial Secretary for all licenses so received at the rate of four dollars for each such license. R. S., c. 93, ss. 10, 11 and 16.

given by issuers.

Application for

license to be by affidavit.

Consent of

parents, &c.,

APPLICATIONS FOR LICENSES.

8. (1.) Every person applying for a license shall make an affidavit containing the following particulars :

(a) The full names of the parties to the intended marriage, their residences, and conditions of life, whether bachelor, widower, spinster or widow, as the case may be, and the occupation of the party making the affidavit;

(b) That the person making the affidavit believes. there is no affinity, consanguinity, prior marriage, or other lawful cause or legal impediment to bar or hinder the solemnization of the marriage;

(c) The age of the person making the affidavit, and that the other party to the intended marriage is of the full age of twenty-one years, or the age of such other party if under the age of twenty-one years, as the case may be.

(2.) The affidavit shall further state the facts necessary particulars as to. to enable the issuer to determine whether or not the required consent has been duly given in the case of any party under the age of twenty-one, or whether or not such consent is necessary, and if any such consent has been given in writing shall annex the same to the affidavit.

Form.

Fee on issue of licenses.

Particulars on

issue of license.

(3.) The affidavit may be in the form "D" in the schedule to this Chapter, or to the like effect, and may be made before the issuer to whom application is made.

9. The fee payable upon the issue of a marriage license shall be four dollars. R. S., c. 93, s. 12.

10.--(1.) Upon payment of the fee and the delivery to the issuer of the affidavit hereinbefore provided for, the issuer shall fill up one of the blank forms of license with(a) The names, residences and additions of the parties to such intended marriage; and

(b) The exact date on which the license is issued, and shall subscribe the same with his own name, and the license shall then be deemed to be issued.

(2.) A license shall not be issued or delivered by any issuer unless it is so filled up and signed, and shall not be

used except for the particular marriage specified therein. CHAP. 111. R. S., c. 93, s. 12.

parents, &c.,

11-(1.) If either party to an intended marriage (not Consent of being a widow or widower) is within the age of twenty-one required. years, the consent of the father of such party, if the father is living, or if the father is dead, the consent of the mother, if living, or if both father and mother are dead the consent of a guardian (if any has been appointed), shall be obtained. before a license for such marriage is issued.

(2.) Such consent may be either produced in writing, or How given. given verbally before the issuer, and if in writing, the issuer shall satisfy himself of the genuineness thereof before issuing the license.

(3.) If both father and mother of such party are dead or absent from the province, and no guardian has been appointed, the issuer on being satisfied of such facts may issue the license without such consent being given.

SALVATION ARMY MARRIAGES.

When dispensed

with.

12. (1.) Marriages of persons belonging to the society Salvation Army, known as the Salvation Army may be solemnized ::

(a) By any person hereinbefore authorized to solemnize
marriage; or

(b) By any duly appointed male commissioner or staff
officer of such society, who has filed with the Provin-
cial Secretary a copy of his commission as such
commissioner or staff officer, verified by affidavit,
and has received a certificate under the hand of the
Provincial Secretary, certifying that the person therein.
named has been so commissioned.

(2.) In the case of marriages solemnized by such commissioner or staff officer, the following requirements shall be complied with in addition to those herein before required in the case of other marriages :—

(a) The marriage shall be by license;

(b) One of the parties to the intended marriage shall
make affidavit that he and the other of such parties
belong to the said society;

(c) The certificate from the Provincial Secretary to such
commissioner or staff officer shall be produced to the
issuer.

(3.) Such affidavit may be made before the issuer, and may be made a part of the affidavit by this Chapter required in all cases of marriage by license. 1895, c. 10, ss. 1–5.

requirements in case of.

CHAP. 111.

Two witnesses

required at marriage.

Requirements

after solemnization.

REQUIREMENTS AT SOLEMNIZATION.

13. Every marriage shall be solemnized in the presence of at least two witnesses. R. S., c. 93, s. 16.

14. (1.) Immediately after the solemnization of any marriage the clergyman solemnizing the same shall comply with the following requirements:

(a) If the marriage was under license he shall fill the blanks in the form of certificate endorsed upon the license with,

(i) The names of the parties to such marriage, and the residences and additions of such parties. respectively,

(ii) The date at which the marriage was solemnized,

(iii) The place of such solemnization,

(iv) The religious body or denomination according to the rites of which the marriage was solemnized,

(v) The names and addresses of two witnesses to the marriage,

and he shall subscribe the same with his name and
the religious denomination to which he belongs.

(b) He shall also in such case fill up the blanks in the
form of certificate attached to the license with the
particulars in this section mentioned, and also with
the date and place of issue of the license under
which the marriage was solemnized, and subscribe
the same with his name and the religious denomina-
tion to which he belongs, and such certificate when so
filled up and signed shall be detached from the license
and given to one of the parties to the marriage.
(c) If the marriage was after publication of banns he
shall make a certificate (to be known as the marriage
certificate,) containing the following particulars :-

(i) The date of solemnization,

(ii) The place thereof,

(iii) The dates of publication of the banns, and the church in which and the clergyman or minister by whom they were published,

(iv) The names of two witnesses to the marriage, and shall subscribe the same with his name and the religious denomination to which he belongs, and give it to one of the parties to the marriage.