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CLASS V.

No. 1. Act 10 Vic.

c. 5.

Lot of Land on which Parsonage-house is erected vested in Trustees.

W

SALE OF PARSONAGE-HOUSE, GRAND CAY.
No. 1.-10 Vic. ch. 5. An Act to authorize the Sale of the Parsonage-

House and Premises situate at Grand Cay, Turks Islands, in
the Parish of Saint Thomas, and for making Provision for the
renting of a Residence for the Rector of the said Parish.

(Feb. 26th, 1817.) HEREAS it is expedient that the parsonage-louse and

premises situate in the parish of Saint Thomas, Turks Islands, should be disposed of; May it therefore please your Majesty that it may be enacted, and be it enacted by His Excellency George Benvenuto Mathew, Esquire, Governor and Commander-in-Chief in and over the Bahama Islands, the Legislative Council and Assembly of the said islands; and it is hereby enacted and ordained by the authority of the same; that the lot of land upon which the parsonage-house for the parish of Saint Thomas, is erected together with the said parsonage-house and all other buildings on the said lot of land erected and being with their and every of their appurtenances, and the full and complete title, in law, therein and thereto shall upon and from the passing of this Act vest in Samuel Rowlett Ricketts, and John James McIntosh, Esquires, or the resident Stipendiary and Police Magistrate at Grand Cay, Turks Islands, for the time being, their heirs and assigns for ever, but in trust and to and for the use of the public in manner hereinafter expressed and declared.

II. And be it enacted, That the said Samuel Rowlett Ricketts and John James McIntosh, Esquires, or the resident Stipendiary and Police Magistrate, as aforesaid, for the time being, shall and they are hereby authorized and required, as soon as conveniently may be after the passing of this Act, to offer the said land and premises for sale, and the same to sell at public or private sale, and on such terms and conditions as may be approved of by the governor or officer administering the government of these islands for the time being. And upon such sale, to make, execute, and deliver a good and sufficient conveyance to the purchaser or purchasers thereof, which conveyance shall vest in such purchaser or purchasers, his, her, or their heirs and assigns for ever, an indefeasible estate in fee simple in and to the said land and premises : Provided always, that the consideration money for which the said premises shall be so sold shall, when due, be paid to the ReceiverGeneral and Treasurer of these islands or other proper Receiver, who is hereby authorized and required to receive the same or any part thereof, as the same shall become due and payable, and apply the same to the support of Her Majesty's Government within the Bahama Islands.

III. Repealed by Ordinance No. 7 of 1855.

Duty of Justices.

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Class 1.- BIRTHS, MARRIAGES, AND DEATHS.
Class II.-Laws RELATING TO THE CLERGY OF THE CHurch of

ENGLAND, AND PAROCHIAL MATTERS.
Class III.- WESLEYAN MISSIONARY SOCIETY.
Class IV.-POORHOUSE AND HOSPITAL.
Class V.-EDUCATION.

C. 4.

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CLASS I. BIRTHS, MARRIAGES, AND DEATHS. No.1.-1 Vic. ch. 4. An Act to declare the Validity of certain No. 1. Marriages solemnized within the Bahama Islands, and to pro

Act 1 Vic. vide for the Registering thereof. (Oct. 31st, 1837.) THEREAS many marriages have been celebrated in the Ba- PREAMBLE.

hama Islands by Justices of the Peace and by acknowledged religious teachers; And whereas, in the absence of any direct provision by law for the recognition of such marriages, or in consequence of some alleged information or irregularities in the same, questions touching the validity of such marriages have been entertained, whereby the minds of the parties are disquieted, and the interests of a large portion of the inhabitants of these islands are seriously affected ; and it is therefore expedient, for the purpose of allaying all such disquietudes, to declare the validity of all such marriages; May it, &c., That all marriages which have taken place Certain Marand been solemnized by some Justice of the Peace, or some riages declared known religious teacher within the Bahama Islands, shall remain, valid. and be held, and are declared as good and valid in law as if they had been celebrated by persons competent to perform that ceremony, that is, by priests in Holy Orders; and that every such Justice of the Peace or religious teacher aforesaid, having solemnized any such marriage, and all other persons concerned, shall be held to be indemnified; and they and each of them is, and are, hereby declared to be indemnified, free and exonerated from all censure, ecclesiastical or civil, for and in respect of the same.

II. And whereas disputes may arise in relation to such mar- Disputes to be riages between the parties interested therein, and to provide for the referred to summary settlement thereof; Be it, &c., That it shall and may be Ordinary. lawful for any one or more of such parties to refer any such disputes to the Ordinary of these Islands, who shall, in each case, determine according to his own discretion, whether the ceremony which may have taken place was or was not such as might reasonably be regarded in the light of a marriage contract : Provided always, That nothing in this Act contained shall affect, or be construed to annul, or impair any marriage actually celebrated by a minister of the

No. 1. Act 1 Vic.

c. 4.

Church of England in these islands, or other duly authorized person; but that every such last-mentioned marriage shall be deemed valid, notwithstanding any pre-contract.

III. That it shall and may be lawful for the parties concerned to cause any of the hereinbefore-mentioned marriages to be registered in the marriage-books of the districts of the colony where the parties reside, or in any other district of the colony ; but, in all cases, stating the district in which the marriage was solemnized, and the period thereof.

IV. Repeals 6 Wm. 4, ch. 4.

No. 2. Act 2 Vic.

c. 13.

No. 2.—2 Vic. ch. 13. An Act for the Regulation of Marriages

within the Bahama Islands, and for other Purposes. (Feb.

14th, 1839.) THEREAS the present marriage-laws of the colony are inap

PREAMBLE.

W of

Dissenters may publish Banns, &c.

by the abolition of slavery, and inadequate to the increased desire for lawful matrimony; and it has consequently become expedient and necessary to amend such laws, and to adapt them to the altered state and condition of society; May it, &c., That from and after the commencement of this Act it shall and may be lawful for any minister of the Christian religion, ordained or otherwise set apart to the ministry of the Christian religion, and acknowledged as such by any known sect or society of Christians in the United Kingdom of Great Britain and Ireland, according to the usage

of the persuasion to which such minister shall belong, to publish, within the colony, banns of marriage between persons desirous of being joined together in matrimony; publication of banns to be made in an audible manner some time during public Divine Service on a Sunday, in the face of the congregation before whom such minister shall officiate, in the parish in which one or both of the parties to be married shall dwell; and shall contain the Christian name or names, and surname, and place of abode of each of the said parties ; and shall be so published by some such minister for three Sundays preceding the solemnization of the marriage, during the morning service, if there be service in the morning; or, if there shall be no morning service, then during the evening service; and if the parties shall dwell in different parishes, the banns shall be published in like manner in both of such parishes; and if the said parties shall be of different persuasions, the banns shall be published in like manner before each of the congregations to which the said parties may respectively belong, whether both of such congregations shall assemble in the same parish or not; and where one or both of the parties to be married shall dwell in any island or district not included within the limits of any parish, then, if there be a congrogation of the persuasion to which such parties or either of them shall belong, assembling for public Divine Worship, as aforesaid, in such island or district

, the banns of the party or parties dwelling in such island or district shall be published in manner aforesaid in such island or district; but if there be no such congregations in such island or district, then the banns of such of the parties to be married as shall dwell in such island or district shall be pub

c. 13.

lished in manner aforesaid in some parish near to such island or No. 2. district; and in cases where the banns shall have been published, Act 2 Vic. as aforesaid, in different places, the officiating minister at each of such places shall, on request for that purpose made by both or either of the parties whose name shall have been published as aforesaid, give to the party requiring the same a certificate of the banns having been duly published, as aforesaid, in the place of which he is an officiating minister; and on the production of such certificate to the officiating minister of the other place where the banns were published, or on the production of certain certificates from both of such ministers, as aforesaid, to any other such minister as aforesaid, in the parish, or island, or district to which one of the parties shall belong, it shall be lawful for such minister of either of the places where the banns were published, on receiving such certificate from such minister of the other place where the said banns were published, or for such other minister as aforesaid, to whom the certificates of the ministers of both of the places where the said banns were published shall be delivered, on receipt of such certificate or certificates (as the case may be), to solemnize matrimony between the said parties according to such form and ceremony as shall be in use or be adopted by the persuasion to which the minister solemnizing such marriage shall belong : Provided, That whenever the form and ceremony used shall be other than that of the United Church of England and Ireland, each of the parties shall, in some part of the ceremony, make the following declaration :

“I do hereby declare that I know not of any lawful impediment why I, A. B., may not be joined in matrimony to C. D., here present."

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 husband).”

II. That it shall be the duty of every minister, as aforesaid, who shall have published banns of marriage, as aforesaid, upon request for that purpose made, by both or either of the parties whose banns such minister shall have published, to grant a certificate thereof; and any minister refusing or neglecting so to do, upon request for that purpose being made, as aforesaid, shall, for every such refusal or neglect, forfeit and pay to the party or parties demanding such certificate the sum of Ten pounds sterling, to be recovered in an action of debt in any Court having competent jurisdiction.

III. That no minister shall be obliged to publish banns between Minister not any person whomsoever, unless the persons to be married shall, two obliged to days at the least before the time required for the first publication publish Banns

unless the of such banns, respectively, deliver, or cause to be delivered, to

pai ties deliver such minister a notice of their true Christian name or names and in their names, surnames, and a description of their place or respective places of &c., two days abode, in such parish, or island, or district as aforesaid, and of the previous. time during which they have dwelt in such place or places; and that it shall not be lawful for any minister to solemnize any mar- Marriage not riage after three calendar months from the last publication of to be solembanns of such marriage ; and in all cases where three calendar months after months shall have elapsed without the marriage having been last publicasolemnized, the publication of such banns shall be void ; and tion of Banns.

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nized three

c. 13.

No. 2. before the said parties can be married by banns, it shall be necesAct 2 Vic. sary to republish banns anew, in manner and form aforesaid, as if

no banns had ever been published between them.

IV. That no such minister as aforesaid who shall solemnize any Minister not responsible marriage after due publication of banns as aforesaid between after publica- persons, both or one of whom (not being a widow or widower) shall tion of Banns. at the time of such marriage be under legal age, shall be answerable

or responsible, or liable to any pain, penalty, or proceeding for having solemnized such marriage without the consent of the parents or guardians, or of any other person whose consent is required by law, unless such parent, or guardian, or other person, or one of them shall forbid the marriage, and give notice thereof to such minister before he has solemnized the same, and in case such marriage shall be forbidden as aforesaid, and such notice thereof shall be given as aforesaid, the publication of banns for such marriage

shall be absolutely void. Governor au- V. That in all cases where any parties intending marriage shall thorized to desire to have the ceremony of such marriage solemnized without grant Licences.

the publication of banns, and shall apply to the Ordinary of the colony for a licence for such purpose, it shall and may be lawful for the Ordinary, upon request of such parties, or either of them, to cause such licence so to be worded as to authorize the marriage in respect of which such licence is applied for, to be solemnized in any place where such parties or either of them shall require, and by any minister by whom such marriage could have been solemnized by virtue of this Act, if banns thereof had been published as

aforesaid. When parties

VI. And whereas it may happen that one or both of the parties to be married to be married may be without parents or guardians, or that the have no parents, parents or parent, guardians or guardian, of one or both of them &c., to give

may be non compos mentis, or otherwise incapable in law or in fact of consenting to a proper marriage ; Be it, &c., That in all such cases it shall be lawful for any person desirous of marriage, to whose marriage such consent is necessary but cannot be given, to apply by petition to the President in Council, who is hereby empowered to proceed upon such petition in a summary way; and in case the marriage proposed shall upon examination appear to him to be proper, the said President in Council shall declare by his order in writing that such marriage is proper, and may be solemnized forthwith ; and every marriage duly solemnized in pursuance or under the authority or direction of such order, shall be as good, valid, and effectual, to all intents and purposes whatsoever, as if

such consent as aforesaid had been duly given thereto. After solemni- VII. That after the solemnization of any marriage, under or by zation of

virtue of this Act, and which has been registered as hereinafter marriage, no further proof

directed, it shall not be necessary in further support of such marnecessary. riago, or in any action, suit, or proceeding where the same may

come into question, to give any proof of the actual dwelling of the parties married, or of either of them before the marriage, or that the banns were published, or that the marriage was solemnized in the place and by a person where and by whom the same ought to have been published and solemnized respectively, nor shall any

evidence be received to prove the contrary. No suit to com- VIII. That in no case whatsoever shall any suit or proceeding be pel marriage

had in any Court, or before any jurisdiction whatsoever, to compel

consent.

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