No. 2.

Act 2 Vic.

c. 13.

for breach of

the celebration of any marriage by reason of any promise of marriage or contract entered into, or by reason of seduction, or of any cause whatsoever which shall arise after the passing of this Act, any law or usuage to the contrary notwithstanding: Provided always, that nothing herein contained shall prevent any person promise, &c. aggrieved from suing for or recovering damages in any Court, or by any proceeding wherein and whereby damages may be lawfully recovered for breach of promise of marriage, or for seduction, or other causes as aforesaid.

nized.

IX. And in order to preserve evidence of marriage, and to make Manner in the proof thereof certain and easy, and for the direction of such which marriages ministers as aforesaid in the registration thereof, it is hereby, &c., are to be solemThat from and after the passing of this Act, all marriages (except marriages by special licence, to marry at any time and place,) shall be solemnized with open doors between the hours of (eight) in the forenoon, and (four) in the afternoon, in the presence of two or more credible witnesses, besides the minister who shall solemnize the same; and that immediately after the celebration of every marriage, an entry thereof shall be made in a marriage register book, to be kept for that purpose by some such minister as aforesaid, or in some safe custody for the place in which marriages may be solemnized; and in every such entry in every such registrar it shall be expressed that the marriage was had by banns or licence; and if both or either of the parties married by licence be under age, and not a widow or widower, that it was had with the consent of the parents or guardians, or other person or persons having lawful authority to withhold consent to the marriage, or after such order of the President in Council as aforesaid, and shall be signed by the minister with his proper addition, and by the parties married, and shall be attested by such two witnesses; and every such entry shall be in the form or to the effect of the following specimen :

DUPLICATE ORIGINAL REGISTER.

1838, MARRIAGES SOLEMNIZED AT DUNMORE TOWN, IN THE PARISH OF ST. JOHN'S,

ties, in manner, or to the effects of the following specimen :-
matter shall be entered, and signed, and attested by the same par-
ment or vellum, a duplicate Original Register, in which the same
And of such entry, at the same time, before the parties depart,
BIRTHS, MARRIAGES, AND DEATHS.
shall then and there be made, on a separate piece of paper, parch-

Act 2 Vic.

No. 2.

c. 13.

Married in the Wesleyan Chapel at Dunmore Town, after banns, by A. B., Wesleyan Minister.

Examined with the Original Register, by me, and found to be correct, A. B.

No. 2. Act 2 Vic. c. 13.

Record book

every day,
Sundays ex-
cepted.

10

Which said duplicate original register shall be left in the hands of the minister by whom the marriage was solemnized; and every such duplicate original register shall, within one calendar month from the date thereof, or at the earliest possible period after the expiration of such calendar month, be transmitted to the secretary of the colony; and all such duplicates shall be filed and safely preserved by him in his office; and every such original register, and also every copy thereof certified under the hand of the minister, who for the time being shall have the lawful custody of the original, to be a true copy, and every such duplicate original register, and also every copy thereof certified under the hand of such Colonial Secretary to be a true copy, shall respectively be good evidence of the facts therein recorded in pursuance of this Act, in and before all Courts and proceedings whatsoever in which it shall be necessary to give evidence of the marriage to which the same shall relate.

X. That it shall be lawful for all persons at all reasonable times may be searched in the day, except Sundays, to search the original register book, and also the file of duplicate original registers in the presence of the person for the time being having the care of the same respectively, or his deputy, and to have a true copy or copies of any entries or entry therein, or filed, as aforesaid, certified under the hand of the minister having the custody of the original or duplicate original register, as aforesaid (as the case may be); which true copies or copy such minister or secretary is hereby required to make, examine, and certify under his hand to be a true copy in the form of the duplicate original register, except that the same shall be headed "certified copy (or copies) of original (or duplicate original) marriage register," (as the case may be) and shall be dated on the day, month, and year where the same shall be delivered.

Fees.

Proviso.

XI. That in order to meet the expense, and as a remuneration for the trouble occasioned by the performance of any duty under this Act, the following fees shall be demanded, and payable before the performance of the duty to which the same respectively relate, that is to say :—

For solemnizing and registering a marriage, and transmitting the duplicate original to the secretary of the colony, Two shillings sterling; for every general search not directed to any particular entry, One shilling sterling; for every search for two or more particular entries, and not exceeding four entries, Sixpence sterling each; for every search for any number of particular entries exceeding four, One shilling sterling; for every such certified copy as aforesaid, One shilling sterling: Provided always, That nothing herein contained shall extend, or be construed to extend, to prevent or debar any clergyman of the Established Church of England and Ireland from demanding and receiving for any duty performed by him, fees, at and after the rates established by the eighth section of the Act of Assembly passed in the fourth year of the reign of his late majesty King William the Fourth, entitled, "An Act for the erecting and repairing of churches, the disposal of the pews, and appropriating of the money arising therefrom towards the maintenance of the poor within these islands, and for other purposes." And provided also, That nothing herein contained shall authorize or require any clergyman of the Established Church aforesaid to

solemnize marriage in any other manner than is prescribed by the Rubrick.

No. 2. Act 2 Vic.

c. 13.

Penalty for wilfully

XII. That if any person shall unlawfully, wilfully, and maliciously erase, obliterate, or destroy, or cause, or procure to be erased, obliterated, or destroyed, any such original register, or the duplicate original register as aforesaid, such person shall be deemed destroying, &c., guilty of a misdemeanour, and on being duly convicted thereof original or shall be liable to be imprisoned in some lawful place of confine- duplicate ment for any term not less than three, nor exceeding twelve calen- register, dar months; and if any person shall unlawfully and wilfully forge, or alter, or falsely make, or cause, or procure, or permit to be forged or altered or falsely made any such original register, or duplicate original register, or any certified copy thereof respectively, or shall knowingly and wilfully deliver, offer, utter, or put off any such forged, false, or altered copy, he shall be liable for such offence, on conviction thereof, to be imprisoned in any such place as aforesaid, for any term not exceeding eighteen months, nor less than six months.

before the passing of this Act declared

valid.

XIII. And whereas since the abolition of Slavery in the British Marriages Colonies, doubts have arisen and exist as to the validity of certain solemnized marriages contracted and solemnized previous to the abolition of slavery in the said colonies, between slaves and between parties one of whom was a slave, and also in some cases between free persons of colour, and since the abolition of slavery, between apprentices and other persons of free condition by ministers of the Christian religion other than clergymen of the United Church of England and Ireland; and it is expedient and necessary that all such doubts should be removed, and such marriages and reputed marriages should be ascertained and confirmed, and that all persons who have solemnized any such marriages or reputed marriages, or who have in any manner assisted thereat, should be indemnified from and against all pains, penalties, forfeitures and proceedings to which such persons or any of them may be liable therefor; Be it, &c., That all marriages which at any time before the passing of this Act shall have been solemnized in any of these islands, by or before any such minister of the Christian religion as aforesaid, shall be, and the same are hereby declared to be, and to have been from the time of the solemnization thereof, respectively, good, valid, and effectual to all intents and purposes whatsoever, any law or usage to the contrary thereof in anywise notwithstanding: and all pains, penalties, forfeitures, and proceedings, of whatsoever kind or description which any such Christian minister may have incurred or become liable to before the taking effect of this Act, by reason of his having solemnized or assisted at any marriage whatsoever, or in anywise in relation thereto, is and are hereby remitted, released, repealed, and made void : Provided always, nevertheless, That this clause shall extend, and be construed to extend only to cases in which the parties who having been so married as aforesaid, or either of them, have not since the solemnization of such marriage, and before the passing of this Act, intermarried with any other person or persons according to the rites and ceremonies of the United Church of England and Ireland.

XIV. And whereas in some instances registers of such marriages last aforesaid have been duly made and kept by such ministers as aforesaid who officiated thereat; Be it, &c., That all such

Registers declared to be good evidence

of Marriage.