(b) MARRIAGE AND MARRIED WOMEN HIS CHAPTER 213. An Act respecting the Solemnization of IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: Short Title. 1. This Act may be cited as "The Marriage Act." Short title [C.O., 1898, c. 46, s. 1.] Solemnization of Marriage. authorized 2. The ministers and clergymen of every church or Persons religious denomination duly ordained or appointed according to the rites and ceremonies of the churches or religious denominations 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 or religious denominations respectively and also marriage commissioners appointed for that purpose by the Lieutenant Governor in Council may solemnize or perform the ceremony of marriage between any two persons permitted by law to intermarry. [C.O. 1898, c. 46, s. 2.] banns 3. Except as hereinafter provided no marriage com- Necessity missioner shall solemnize marriage unless the parties to the of licence or intended marriage produce to him the licence provided for by this Act; and no minister or clergyman or other person authorized to perform the ceremony of marriage shall solemnize marriage unless the parties to the intended marriage produce to him such licence or unless their intention to intermarry has been proclaimed by publication of banns at least thrice openly on two or three successive Sundays in some public religious assembly. [C.O. 1898, c. 46, s. 3; 1901, c. 17, s. 1.] 4. All marriages shall be solemnized in the presence Witnesses of two or more credible witnesses besides the person performing the ceremony; and every person solemnizing the marriage shall register the same according to the provisions Registration [C.O. 1898, c. 46, s.. of The Vital Statistics Act. 4.] Protection from actions Issue of licences Signature of licences Signature by issuer Affidavit prior to grant of licence Requiring further evidence Case where licence granted under age Consent to marriage of minors 5. No person who solemnizes a marriage in conformity with the provisions of this Act shall be subject to any action or liability for damages or otherwise by reason of there 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. 1898, c. 46, s. 5.] Issue of Marriage Licences. 6. Marriage licences shall be in form A in the schedule to this Act and shall be supplied from the Department of the Provincial 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. 1898, c. 46, s. 5; 1903(1), c. 11, s. 3.] 7. Such licences shall be signed by the Provincial Secretary and shall be and remain valid notwithstanding that the person signing them has ceased to hold office as Provincial Secretary before the time of the issue of the licence. [C.O. 1898, c. 46, s. 7; 1903(1), c. 11, s. 3.] 8. Every issuer of marriage licences shall sign each licence at the time of issue. [C.O. 1898, c. 46, s. 8.] 9.-(1) Before a licence is issued one of the parties to the intended marriage shall personally make an affidavit before the issuer 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 neither of the parties can conveniently attend personally before an issuer of marriage licences, and shall contain the reason relied upon to excuse personal attendance before an issuer. (3) In case an issuer of marriage licences has reason to suspect that any statement in the affidavit of any applicant for a marriage licence is not correct, he shall require further affidavits or other evidence of its truth as may appear to him necessary; and any such affidavits and a minute of any such evidence shall be forwarded to the Registrar General of Vital Statistics. [C.O. 1898, c. 46, s. 9; 1920, c. 4, s. 40(1).] 10. No licence shall be issued or granted for the marriage of any person under the age of fifteen years except in the case of a female shown to be pregnant by a certificate of a legally qualified medical practitioner. [1916, c. 3, s. 20(1); 1919, c. 4, s. 48(1).] 11. (1) If one or both of the parties to an intended marriage is under the age of twenty-one years, then before a marriage licence is issued in respect thereof, or, in case where no marriage licence is required, then before the publication of the banns thereof, or before any such marriage is performed or contracted, one of the parties to the intended marriage shall deposit with the issuer of marriage licences, or with the minister or clergyman or other person authorized by this Act to perform the marriage ceremony, a consent thereto in form C in the schedule hereto of the persons hereinafter mentioned. (2) The persons whose consent in such form shall be Persons whose deposited are as follows, that is to say: (a) The father and mother of such of them as may be (b) If both the father and mother of either or both Provided that where either of the contracting Provided further that where either of the contracting parties is of the age of at least eighteen years, and has lived apart from his or her parents for a period of not less than three months immediately preceding the date on which the licence is applied for without having during such time received financial aid or support from such parents, an issuer of licences may, on such facts being duly verified by affidavit to his satisfaction, issue a licence without the consent of the parent or parents of such contracting party: Provided further that any person between the ages of eighteen and twenty-one years, whose parent or parents refuse consent, may apply to a judge of the Supreme Court, or to a judge of a District Court, and such judge may, in his discretion, grant an order that a marriage licence may issue notwithstanding the lack of such consent. [1916, c. 3, s. 20(2); 1919, c. 4, s. 48(2); 1920, c. 4, s. 40(3).] consent necessary Quarterly returns of licences issued Return of unissued licences Fees for licences Penalties for unauthorized issue of licences or solemnization of marriage 12.-(1) Every issuer of marriage licences shall on the fifteenth day of January, April, July and October in each year make a sworn return to the Provincial Secretary of all licences 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 or declaration taken in each instance. (2) The return shall further state the number of unissued licences in the custody of the issuer and shall be made in the form prescribed by the Lieutenant Governor in Council. (3) The Lieutenant Governor in Council may in special cases dispense with the provisions of this section and may make regulations for special returns to be made in such cases. [C.O. 1898, c. 46, s. 12; 1903(1), c. 11, s. 3; 1916, c. 3, s. 20(3).] 13. Every issuer of marriage licences shall whenever called upon by the Provincial Secretary make a sworn return of all licences at any time supplied to him and shall return all unissued licences if so required. [C.O. 1898, c. 46, s. 13; 1903(1), c. 11, s. 3.] 14.—(1) There shall be payable to an issuer of marriage licences on the issue of a licence by him the sum of six dollars, of which such issuer shall be entitled to retain one dollar and fifty cents as his fee; the remainder he shall pay over to the Registrar General at the time of each return made by such issuer, to form part of the revenue of the Province. (2) Before sending any licences to an issuer of marriage licences the Registrar General may require that the sum of four dollars and fifty cents be paid for each such licence, and in case any such licences are not issued by the issuer of marriage licences the Registrar General may refund the sum of four dollars and fifty cents for each such licence returned to him. [1920, c. 4, s. 40(2).] 15. Any person unlawfully issuing a marriage licence supplied from the Department of the Provincial Secretary, any issuer of marriage licences granting a licence without first having obtained the affidavit or declaration required by this Act, and any person solemnizing a marriage contrary to the provisions of this Act shall, on summary conviction thereof before two justices of the peace, for every such contravention forfeit and pay a fine not exceeding one hundred dollars and costs of prosecution. [C.O. 1898, c. 46, s. 15; 1903(1), c. 11, s. 3; 1916, c. 3, s. 20(4).] Civil Marriage. commissioner 16. In the event of either or both of the parties to an Notice to intended marriage objecting to or not being desirous of adopting marriage by a clergyman or minister of any religious denomination or by a commissioner or staff officer of the Salvation Army, then and in that case one of the parties to the intended marriage shall at least fourteen clear days immediately preceding the day of the intended marriage give notice in writing in form D in the schedule hereto to a marriage commissioner, and an affidavit taken and sworn in form B in the schedule hereto and the necessary consents (if any) in form C hereof, shall be deposited with such marriage commissioner by one of the parties to the intended marriage; and forthwith upon receipt of such notice, affidavit and consents (if any) the particulars of such intended marriage shall be entered in a book to be kept for that purpose by the marriage commissioner in his office, which said book shall be open to the inspection of the public at all reasonable hours. [1916, c. 3, s. 21(1).] certificate 17. Upon the due compliance of the parties with the Commissioner's 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.] commissioner 18. After the expiration of the said period of fourteen Marriage by days, and after the issue of a certificate in form E, if there is no lawful impediment to the lawful marriage of such parties, marriage may be contracted in the office of and solemnized by the said marriage commissioner according to the form and in the manner following but not otherwise: (a) The marriage shall be contracted with open doors in the presence of two or more credible witnesses besides the marriage commissioner; (b) In the presence of such marriage commissioner Quakers or Doukhobortsi. Quakers or 19. (1) In case any Quakers or Doukhobortsi desire to Marriage of be married according to the rites and ceremonies of their Doukhobortsi own religion or creed, one of the parties to the intended by own rites marriage shall, at least eight days immediately preceding the day of the intended marriage, give notice in writing |