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The Pamphlet Collection of Sir Robert Stout: Volume 12

III. Consents to Marriage, Caveats, &c

page 7

III. Consents to Marriage, Caveats, &c.

Marriage Acts.

§ 21. The father, if resident within the colony,

Consent necessary when under age.

of any person under twenty-one years of age, such person not being a widower or widow, or, if the

1854, Act No. 12, Sec.16!.

father shall be dead, the guardian or guardians of the person of the party so under age, lawfully appointed, or one of them; and in case there shall be no guardian or guardians, or in case the father shall not be resident within the colony, then the mother of such person if resident in the colony, and if there shall be no mother resident within the colony then the guardian or guardians (if any) of the person, appointed by the Supreme Court, or one of them, shall have authority to give consent to the marriage of such person, and such consent is hereby required for the marriage of such person so under age, unless there shall be no person within the colony authorized to give such consent.
§ 22. Any person whose consent is required as

Issue of certificates may be forbidden.

aforesaid may forbid the issue of the Registrar's certificate, by writing at any time in the presence

Ibid, See. 18.

of the Registrar, before the issue of such certificate, the word "Forbidden," opposite to the entry of the notice of such intended marriage in the "Marriage Notice Book," and by subscribing thereto his or her name and place of abode, and the relationship or guardianship by reason whereof he or she is authorized to forbid the issue of such certificate.
§ 23. In case any father, or mother, or guardian,

In certain cases Judge of Supreme Court may give consent to the marriage of minors.

whose consent is made necessary by "The Marriage Act, 1851," to the marriage of a person under age, shall be non compos mentis, or in case any such

1858, Act No. 29, Sec. 9.

guardian shall unreasonably or from undue motives refuse or withhold his consent to a proper marriage, then it shall be lawful for any person desirous of marrying in any of the above-mentioned cases to apply by petition to a Judge of the Supreme Court, and in case the marriage proposed shall upon exam- page 8

Marriage Acts.

ination in a summary way appear to be proper, such Judge shall judicially declare the same to be so, and such judicial declaration shall be deemed and taken to be as good and effectual to all intents and purposes as if the father, or mother, or guardian of the persons so petitioning had consented to such marriage.

Caveat may be entered.

§ 24 Any person having just and reasonable

1854, Act No. 13, Sec. 19.

cause in that behalf may, on the payment of five shillings, enter a caveat with the Registrar against the grant of a certificate for the marriage of any person named in such caveat. And if any caveat be entered with the Registrar, such caveat being duly signed by or on behalf of the person who entered the same, together with his or her place of residence, and the ground of objection on which his or her caveat is founded, no certificate shall be granted until the Registrar shall have examined into the matter of the caveat, and be satisfied that it ought not to obstruct the grant of the certificate for the said marriage, or until the caveat be withdrawn by the person entering the same. Provided always that in case of a Registrar refusing the grant of a certificate, the person applying for the same shall have a right to appeal to a Judge of the Supreme Court in a summary way, who shall thereupon either confirm the refusal or direct the grant of the certificate.

If caveat vexatious.

§ 25. Every person who shall enter a caveat

Ibid, Sec. 20.

with the Registrar against the issue of any certificate on grounds which a Judge of the Supreme Court shall declare to be frivolous and vexatious, and that they ought not to obstruct the issue of the certificate, shall be liable for the costs of the proceedings, and for damages to be recovered in an action by the person against whose marriage such caveat shall have been entered.

The making of a false representation a misdemeanour. 1854, Act No. 12, Sec. 30.

§ 26. Every person who shall forbid the issue of the Registrar's certificate by falsely representing page 9 himself or herself to be a person whose consent to

Marriage Acts.

such marriage is required by law, knowing such representation to be false, shall he deemed guilty of a misdemeanour.
§ 27. Any Officiating Minister or Registrar who

Persons solemnizing marriage of minors without consent liable to a penalty.

shall knowingly or wilfully, without the consent of parents or guardians, solemnize or he present at any

Ibid, Sec. 40.

marriage wherein one or both of the parties has not, or have not, attained the full age of twenty-one years, shall for every such offence forfeit and pay a sum not exceeding one hundred pounds, to be recovered by action in the Supreme Court.