TITLE VI.

RELATING TO SPECIAL RELATIONSHIPS.

CHAPTER 46.

An Ordinance respecting Marriages.

HE Lieutenant Governor by and with the advice and con

as follows:

SHORT TITLE.

1. This Ordinance may be cited as "The Marriage Ordi- Short title nance." C.O., c. 46, s. 1.

SOLEMNIZATION OF MARRIAGE.

marriage

2. The ministers and clergymen of every church or reli- who may gious denomination duly ordained or appointed according to perform the rites and ceremonies of the churches, denominations or ceremony religious bodies to which they respectively belong and commissioners and staff officers of the Salvation Army may by virtue of such ordination or appointment and according to the rites and usages of such churches, denominations or religious bodies respectively and commissioners appointed for that purpose by the Lieutenant Governor in Council may solemnize or perform the ceremony of marriage between any two persons not under a legal disqualification or disability to contract such marriage. C.O., c. 46, s. 2.

without license or banns

3. [Except as hereinafter provided] no marriage commis- Marriage sioner shall solemnize marriage unless the parties to the in-ceremony not to tended marriage produce to him the license provided for by this Ordinance; and no minister or clergyman or other person authorized to perform the ceremony or marriage shall solemnize marriage unless the parties to the intended marriage produce to him such license or unless the intention of the two persons to intermarry has been proclaimed by publication of banns at least thrice openly on two successive Sundays in some public religious assembly. C.O., c. 46, s. 3; 1901, c. 17, s. 1.

4. All marriages shall be solemnized in the presence of two Witnesses or more credible witnesses besides the minister, clergyman,

Registration

No action

against person solemnizing marriage

marriage commissioner or other person performing the ceremony; and every person solemnizing a marriage shall register the same according to the provisions of The Vital Statistics Ordinance. C.O., c. 46, s. 4.

5. No person duly authorized who solemnizes a marriage in conformity with the provisions of section 2 of this Ordinance shall be subject to any action or liability for damages or otherwise by reason of their having been any legal impediment to the marriage unless at the time when he performed the ceremony he was aware of the impediment. C.O., c. 46, s.

5.

ISSUE OF MARRIAGE LICENSES.

Issue of licenses

Signature of licenses

Signature by

issuer

Affidavit prior to grant of license

Further

evidence may be required

6. Marriage licenses shall be in form A in the schedule to this Ordinance and shall be supplied from the department of the [Territorial Secretary] and shall be issued to persons requiring the same by such persons as the Lieutenant Governor in Council may name for that purpose. C.O., c. 46, s. 6; 1903, 1st session, c. 11, s. 3.

7. Such licenses shall be signed by the [Territorial Secretary] and shall be and remain valid notwithstanding that the [Territorial Secretary] has ceased to hold office before the time of the issue of the license. C.O., c. 46, s. 7; 1903, 1st session, c. 11, s. 3.

8. Every issuer of marriage licenses shall sign each license as the same is issued by him. C.O., c. 46, s. 8.

9. Before a license is granted by any issuer one of the parties to the intended marriage shall personally make an affidavit before him to the effect of form B in the schedule hereto.

(2) The affidavit may be made before any justice of the peace in any case where it is inconvenient for either of the parties to be married to attend personally before an issuer of marriage licenses:

Provided always that the reason that neither party can so attend shall be set forth in such affidavit as a justification for the issuer granting license without a personal application by one of said parties. C.O., c. 46, s. 9.

10. In case the issuer has knowledge or reason to suspect that any of the statements in the affidavit of any applicant for a marriage license are not correct the said issuer shall require further evidence to his satisfaction before issuing the license; and a copy of all such affidavits and evidence shall be placed on file in his office. C.O., c. 46, s. 10.

marriage of

11. The father, if living, of any person under twenty-one Consent to years if age (not being a widower or widow) or if the father minors is dead then the mother of the minor or if both parents are dead then the lawfully appointed guardian or the acknowledged guardian who may have brought up or for three years immediately preceding the intended marriage supported or protected the minor shall have authority to give consent to such marriage.

dispensed with

[(1) Any female over the age of eighteen years who is living Consent apart from her parents or guardians and earning her own livelihood may be excused from obtaining the consent of such parent or guardian and a statement of the facts constituting such excuse shall be set forth in the affidavit required by section 9 hereof.] C.O., c. 46, s. 11.; 1903, 1st session, c. 11, s.1.

returns of

12. Every issuer of marriage licenses shall on the fifteenth Quarterly day of January, April, July and October in each year make a licenses issued sworn return to the [Territorial Secretary] of all licenses issued by him during the preceding three months with the names of the parties to whom issued and shall accompany such return with the original affidavit taken in each instance. The said return shall further state the number of unissued licenses in the custody of the issuer and shall be made in the form prescribed by the Lieutenant Governor in Council.

(2) The Lieutenant Governor in Council may in special cases dispence with the provisions of this section and may make regulations for special returns to be made in such cases. C.O., c. 46, s. 12; 1903, 1st session, c. 11, s. 3.

issued licenses

13. Every issuer of marriage licenses shall whenever called Return of unupon by the [Territorial Secretary] make a sworn return of all licenses at any time supplied to him and shall return all unissued licenses if so required. C.O., c. 46, s. 13; 1903, 1st session, c. 11, s. 3.

14. There shall be payable to every issuer of marriage licen- Fees for licenses ses on the issue of each license by him the sum of $3 of which such issuer shall be entitled to retain $1 as his fee; the remainder he shall pay over to the Territorial Treasurer at the time of each return made by such issuer to form part of the revenue of the Territories. C.O., c. 46, s. 14.

issue of licenses

of marriage

15. Any person unlawfully issuing a marriage license sup- Unauthorized plied from the department of the [Territorial Secretary], any or solemnization issuer of marriage licenses granting a license without first having obtained the affidavit required by this Ordinance, and any person solemnizing a marriage contrary to the provisions Penalty of this Ordinance shall, on summary conviction thereof before two justices of the peace, for every such contravention forfeit

Civil marriage notice to

Commissioner's certificate

Marriage by

and pay a fine not exceeding $100 and costs of prosecution. C.O., c. 46, s. 15; 1903, 1st session, c. 11, s. 3.

[CIVIL MARRIAGE.]

[16. In the event of any parties objecting to or not being desirous of adopting marriage by a clergyman or minister of any religious denomination then and in that case notice in writing in form C of the schedule hereto must be given by one of the parties to the marriage commissioner where such parties propose to marry at least fourteen clear days immediately preceding the day of the intended marriage and a declaration of nondisqualification in form D of the schedule hereto must be made and signed by each of the parties so proposing to marry; and forthwith upon receipt of such notice and declaration the same shall be entered upon a book to be kept for that purpose by the marriage commissioner in his office which shall be open to the inspection of the public.] 1901, c. 17, s. 2.

[17. Upon the due compliance of the parties with the provisions of the last preceding section the marriage commissioner shall if required give a certificate of such compliance in form E of the schedule hereto.] 1901, c. 17, s. 3.

[18. After the expiration of the said period of fourteen days commissioner marriage may be contracted in the office of and solemnized by the said marriage commissioner according to the form and in the manner hereinafter mentioned but not otherwise

(a) Provided that the marriage shall be contracted with open doors in the presence of two or more credible witnesses besides the marriage commissioner;

(b) Provided further that in the presence of such marriage commissioner and witnesses each of the parties 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 parties 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 hus"band);"

(c) Provided also that there be no lawful impediment to the lawful marriage of such parties.] 1901, c. 17, s. 4.

[QUAKERS OR DOUKHOBORTSI.]

[19. Nothing in this Ordinance shall be construed as in any way preventing the people called Quakers or Doukhobortsi from celebrating marriage (where either or both the parties shall be of the people called Quakers or Doukhobortsi respect