Sidebilder
PDF
ePub

FORM C.

INDIVIDUAL INDEX BOOK.

Name of individual
and residence.

Style of firm of
which a member.

Date of filing
declaration.

Abbott James, Calgary. James Abbott & Son.. 10 Sept., 1889.

Abbott George,

do

do

do

Bernard Arthur, Troy. Bernard & Johnson. ..1 March, 1889.

[blocks in formation]

TITLE VI.

RELATING TO SPECIAL RELATIONSHIPS.

[ocr errors]

THER

CHAPTER 46.

An Ordinance respecting Marriages.

HE Lieutenant Governor by and with the advice and con-
sent of the Legislative Assembly of the Territories enacts.

as follows:

SHORT TITLE.

1. This Ordinance may be cited as "The Marriage Ordi- Short title nance." R.O. c. 29, s. 1.

SOLEMNISATION OF MARRIAGE.

marriage

2. The ministers and clergymen of every church or religious Who may denomination duly ordained or appointed according to the rites perform and ceremonies of the churches, denominations or religious ceremony 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 solemnise or perform the ceremony of marriage between any two persons not under a legal disqualification or disability to contract such marriage. No. 35 of 1897, s. 1.

not to be

without

banns

3. No marriage commissioner shall solemnise marriage unless Marriage the parties to the intended marriage produce to him the license ceremony provided for by this Ordinance; and no minister or clergyman performed or other person authorised to perform the ceremony or mar- license or riage shall solemnise marriage unless the parties to the intended inarriage 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. No. 35 of 1897, s. 2; No 20 of 1898, s. 2.

4. All marriages shall be solemnised in the presence of two Witnesses or more credible witnesses besides the minister, clergyman, marriage commissioner or other person performing the ceremony; and every person solemnising a marriage shall register Registration the same according to the provisions of The Vital Statistics Ordinance. R.O. c. 29, s. 11.

No action against person solemnising marriage

Issue of licenses

Signature

of licenses

Signature by issuer

Affidavit prior to grant of

license

Further

be required

5. No person duly authorised who solemnises 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 there having been any legal impediment to the marriage unless at the time when he performed the ceremony he was aware of the impediment. R.O. c. 29, s. 14.

ISSUE OF MARRIAGE LICENSES.

6. Marriage licenses shall be in form A in the schedule to this Ordinance and shall be supplied from the department of the attorney general and shall be issued to persons requiring the same by such persons as the Lieutenant Governor in Council may name for that purpose. No. 35 of 1897, s. 3.

7. Such licenses shall be signed by the attorney general and shall be and remain valid notwithstanding that the attorney general has ceased to hold office before the time of the issue of the license. No. 35 of 1897, s. 4.

8. Every issuer of marriage licenses shall sign each license as the same is issued by him. R.O. c. 29, s 6.

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. R.O. c. 29, s. 7; No. 25 of 1892, s. 5.

10. In case the issuer has knowledge or reason to suspect evidence may that of the statements in the affidavit of any applicant for any 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. R.O. c. 29, s. 8.

Consent to marriage of minors

Quarterly

returns of

11. The father, if living, of any person under twenty-one years of age (not being a widower or widow) or if the father 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. R.O. c. 29, s. 9.

12. Every issuer of marriage licenses shall on the fifteenth licenses issued day of January, April, July and October in each year make a sworn return to the attorney general 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 dispense with the provisions of this section and may make regulations for special returns to be made in such cases. 21 of 1895, s. 1; No. 6 of 1896, s. 3; No. 35 of 1897, s. 5.

No.

unissued

13. Every issuer of marriage licenses shall whenever called Return of upon by the attorney general make a sworn return of all licenses licenses at any time supplied to him and shall return all unissued licenses if so required. No. 21 of 1895, s. 2; No. 35 of 1897, s. 6.

14. There shall be payable to every issuer of marriage Fees for licenses on the issue of each license by him the sum of $3 of licenses 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. R.O. c. 29, s. 12; No. 6 of 1896, S.

4; No. 35 of 1897, s. 7.

licenses or

of marriage

15. Any person unlawfully issuing a marriage license sup- Unauthorised plied from the department of the attorney general, any issuer of issue of marriage licenses granting a license without first having ob- solemnization tained the affidavit required by this Ordinance, and any person solemnising a marriage contrary to the provisions of this Ordi- Penalty nance shall, on summary conviction thereof before two justices. of the peace, for every such contravention forfeit and pay a fine not exceeding $100 and costs of prosecution. R.O. c. 29, s. 13; No. 6 of 1896, s. 5; No. 35 of 1897, s. 8; No. 20 of 1898, s. 1.

[blocks in formation]

and C.D.

of
being rainded as it is said to enter into the
contract of marriage and being desirous of having the same.
duly solemnized the said A.B. (or C.D.) has made oath that he
(or she) believes that there is no affinity, consanguinity or any
other lawful cause or legal impediment to bar or hinder the
solemnisation of the said marriage.

And these are therefore to certify that the requirements in this respect of the Ordinance respecting marriages have been complied with.

Given under my hand at Regina in the North-West Terri

tories this

day of

[blocks in formation]

Spinster or Widow, (or A.B.

make oath and say as follows:

1. I and C.D., of of

Bachelor or Widower) are desirous of entering into the contract of marriage and of having our marriage duly solemnised at

2. According to the best of my knowledge and belief there is no affinity, consanguinity or any other lawful cause or legal impediment to bar or hinder the solemnisation of the said marriage.

3. I am of the age of

is of the age of

years.

years and the said C.D. (or A.B.)

4. (In case one of the parties is under the age of twenty-one

years add) E.F. of

is the person whose consent to the said marriage is required by law and the said E.F. has formally consented to the said marriage.

(Or if both parties are under age)

and G.H. of

E.F. of are the persons whose consent to the said marriage is required by law and the said E.F. and G.H. have formally consented to the said marriage. (Or if in the case of one of the minors there is no person whose consent is required by law add according to the facts)

The father of the said C.D. (vr A.B.) is dead and the mother of the said C.D. (or A.B.) is dead and the said C.D. (or A.B.) having no lawfully appointed or acknowledged guardian there is no person who has authority to give consent to the said marriage.

(In case both the parties are minors and there is no person whose consent is required by law add a similar statement concerning the other party according to the facts.)

[blocks in formation]
« ForrigeFortsett »