Page images

have from the parties married such sum as shall be fixed by the regulations hereinafter mentioned.

XII. And be it enacted, That after the solemnization of any marriage under Marriages to be this Act, the registrar present at the solemnization thereof shall forth with registered. register such marriage in a marriage register book according to the form of schedule (D.) to this Act annexed; and the entry of such marriage shall be signed by the person by or before whom the marriage shall have been solemnized, if there shall be any such person, and by the registrar, and also by the parties married, and attested by two witnesses ; and every such entry shall be made in order from the beginning to the end of the book.

XIII. And be it enacted, That at the end of every month every registrar Copies of entries in shall make a true copy, certified by him under his hand, according to a form Books 1o be made to be prescribed in the regulations aforesaid, of all the entries of marriage in and transmitted the register-book kept by him during such month, and shall transmit the same periodically. to the secretary to the government of the presidency within which he resides, or to such other officer as may for this purpose be appointed in the regulations aforesaid, and if there shall have been no marriage registered during such month the registrar shall certify such fact under his hand; and such certificate shall be transmitted as aforesaid ; and the registrar shall keep safely the said register-book until it shall be filled, and shall then transmit the same to the secretary to the government, or to such other officer as aforesaid, to be kept by him with the records of his office; and the secretary to the government, or such other officer as aforesaid, shall, at the end of every three months in each year, prepare a copy of all the entries of marriage certified to him as aforesaid during such three months, and shall transmit such copy, signed by him, and certified by him to be a true copy, to the secretary of the East India Company; and the secretary of the East India Company shall cause the same to be delivered to the Registrar-General of Births, Deaths, and Marriages in England.

XIV. And be it enacted, That the certified copies which shall be delivered Certified copies to the Registrar-General of Births, Deaths, and Marriages in England under registrar-general this Act shall be kept in the General Register Office in the same manner, and under this Act to indexes thereof shall be made and searches permitted, and copies, sealed or provisions of 6 and 7 stamped with the seal of the General Register Office, of entries found therein, Wm. IV., c. 86. shall be given in the like manner as by the Act of the 7th year of King William the Fourth, “ for registering Births, Deaths, and Marriages in England, is provided concerning the certified copies (kept in such office under the said Act) of the Registers of Births, Deaths, and Marriages in England ; and every certified copy, purporting to be sealed or stamped with the seal of the said General Register Office, of an entry found in a certified copy delivered to the Registrar-General under this Act, shall be received as evidence of the marriage to which the same relates, without further proof of such entry.

XV. And be it enacted, That after any marriage shall have been solemnized, Proof of residence it shall not be necessary in support of such marriage to give any proof of the sent, not necessary actual dwelling of either of the parties previous to the marriage within the to establish the district wherein such marriage was solemnized for the time required by this marriage. Act, or of the consent of any person whose consent thereunto is required by law; nor shall any evidence be given to prove the contrary in any suit touching the validity of such marriage.

XVI. And be it enacted, That every marriage solemnized under this Act Marriages under shall be good and cognizable in like manner as marriages, before the passing of this Act cognizable. this Act, according to the rites of the Church of England.

XVII. And be it enacted, That it shall be lawful for the registrar before Registrar may ask whom any marriage is solemnized according to the provisions of this Act to certain particulars ask of the parties to be married the several particulars required to be registered touching such marriage.

XVIII. And be it enacted, That every person who shall enter a caveat with Persons vexatiously the registrar against the issue of any certificate on grounds which the Registrar- liable to costs and General shall declare to be frivolous, and that they ought not to obstruct the damages. issue of the certificate, shall be liable for the costs of all proceedings in relation to such caveat, and for damages, to be recovered by suit by the party against whose marriage such caveat shall have been entered.

XIX. And be it enacted, That every person who shall knowingly and Persons making wilfully make any false declaration or sign any false notice or certificate &c., liable to required by this Act, for the purpose of procuring any marriage, and every imprisonment and



Mahomedans or


person who shall forbid the issue of any registrar's certificate by falsely representing himself or herself to be a person whose consent to such marriage is required by law, knowing such representation to be false, shall be liable to be imprisoned for such time not exceeding two years and fined, or imprisoned for such time not exceeding two years, or fined only, to such amount and in such manner as the Court before whom such person shall be convicted in due course

of law shall direct. Limitation of XX. And be it enacted, That every prosecution under this Act shall be prosecution.

commenced within the space of three years after the offence committed. Act not to affect XXI. Provided always, and be it enacted, That nothing herein contained the marriages of shall extend or be applicable to the marriages of Mahomedans or Hindoos, or Hindoos, &c. in anywise affect or interfere with the laws in force in India relating to such

marriages; and it shall be lawful for the Governor-General of India in Council, by laws or regulations to be made in the manner and subject to the provisions by law required in respect of laws and regulations made by the said GovernorGeneral in Council, to exempt from the operation of this Act the marriages in India of any persons whose marriages by reason of the religious opinions or usages prevailing among the people of India the said Governor-General in Council may think fit so to exempt, and to make all such provisions in relation to such marriages as to the said Governor-General in Council may seem expedient.

XXII. And be it enacted, That it shall be lawful for the Governor-General in Council to make of India in Council, by laws and regulations to be made in the manner and for the purposes of subject to the provisions by law required in respect of laws and regulations this Act.

made by the said Governor-General in Council, to provide for the appointment of registrars for the purposes of this Act, for the formation and alteration of districts, for the custody and protection from injury of marriage register books, and the transmission of copies of entries therein, for enforcing the due performance of the duties of the registrars, for appeals from or reference in cases of doubt by the registrars in relation to caveats entered or marriages forbidden under this Act, for fixing and authorizing the fees to be taken for the matters

herein mentioned, and generally for giving effect to the provisions of this Act. Certain marriages XXIII. And whereas it is expedient to relieve the minds of all Her Main India confirmed. jesty's subjects from any doubt concerning the validity of marriages heretofore

solemnized in India by persons not in holy orders: Be it declared and enacted, That all such marriages, if not otherwise invalid, shall be deemed and held to

be valid in law to all intents and purposes. Interpretation of XXIV. And be it enacted, That in the construction of this Act the word “ India."

“ India” shall include all territories for the time being under the government

of the East India Company. Commencement of XXV. And be it enacted, That this Act shall, so far as respects the autho

rity to make such appointments, laws, and regulations as are herein-before authorized to be made by the Governor-General of India in Councii, commence and take effect from and after the passing thereof, and as to all other matters and things commence and take effect from and after the

, one thousand eight hundred Publication of Act. XXVI. And be it enacted, that the Governor-General of India and the

Governors of the several presidencies in India shall cause this Act to be published three times in each of the Government Gazettes of the several presidencies; the first of such publications to be made within six weeks after this Act shall have been received in such respective presidencies.


day of

SCHEDULES to which this Act refers.

SchedULE (A).

Notice of Marriage.
To the Registrar of the District of

, in the Presidency of I hereby give you notice, that a marriage is intended to be had, within three calendar months from the date hereof, between me and the other party herein named and described (that is to say),

[blocks in formation]


No. 14. Registrar's Certificate. I registrar of the district of

in the presidency of

, do hereby certify, that on the

day of

, notice was duly entered in the marriage notice book of the said district of the marriage intended between the parties therein named and described, delivered under the hand of

one of the parties (that is to say),

[ocr errors]
[blocks in formation]

This certificate will be void unless the marriage is solemnized on or before the

18 .

day of

[blocks in formation]







1. Case submitted on behalf of the East India Company, in 1840, to the Law

Officers of the Crown, and to the East India Company's own Counsel (with their
opinion), as to marriages of British subjects in India by persons not in holy
orders, (and not within 58 Geo. III., c. 84, nor 4 Geo. IV., c. 91,) and as to

other matters connected therewith
Opinions, in 1816, of Sir Christopher Robinson and of Mr. Sergeant Bosanquet;
and, in 1818, of the Law Officers of the Crown, and of Sir Arthur Piggott,
Sir Samuel Romilly, Mr. Sergeant Lens, Mr. Cooke, Mr. Sergeant Bosanquet
(Counsel to the East India Company), Dr. Swabey, and Dr. Lushington, as
to the law of marriage in India ; and whether, by that law, marriages cele-
brated in India (prior 58 Geo. III., c. 84), by ministers of the Church of

Scotland (chaplains to the Company), were valid for all purposes
2. Letter, in 1835, to the Court of Directors, noticing a marriage at Calcutta by an

“ Independent minister;" and transmitting two letters (arising out of that

marriage) from the Bishop of Calcutta to the Governor-General in Council
3. Letter (August 21, 1833) from the Bishop of Calcutta to the Governor-General

in Council, upon the subject of a marriage between two British subjects, per-
formed at Calcutta by a person not in holy orders. Observations, by his Lord-
ship, upon the contract of marriage, generally; and upon the law of marriage

as affecting British subjects resident in India
4. Second letter (Sept. 14, 1833,) from the Bishop of Calcutta to the Governor-

General in Council, upon the contract of marriages by the general Ecclesiastical
Law of England, and in reference to India, with the statutes affecting marriages
of British subjects in India, and the principles on which a local Act, to obviate

irregular marriages, should be framed
Sketch of an “ Act for regulating the celebration of marriages in the Diocese of

Calcutta,” with marginal notes, embodied in his Lordship's second letter
5. Minute of the Government in India, on the subject of the preceding letter (Sep-

tember 14, 1533,) from the Bishop of Calcutta .
6. Letter (December 3, 1838,) from the Legislative Council at Calcutta to the Court

of Directors, in respect of a memorial from Dissenting Ministers on doubts as to
the validity of marriages performed by them, and after adverting to the number
of marriages in India, by laymen, intimating the advantage of “Marriage

Act for India,” based upon the 6 and 7 Will. IV., c. 85, 86 .
7. Memorial referred to in the preceding letter, with an extract from Counsel's opinion

in Calcutta, and from a letter of the late Senior Presidency Chaplain 8. Official answer to the above memorial, the matter being submitted (with remarks

of the Council) to the Home authorities
9. Dissenters' remarks (in 1837) on marriages by their Ministers being questioned
10. Opinion of L. Clarke, Esq. (practising in 1837 at the Calcutta bar), that marriages

in India, by laymen, are invalid. Reference to marriages between natives of
Scotland under 58 Geo. III., c. 84, and to military marriages under 4 Geo. IV.,

c. 91, and to marriages by Catholic Priests
11. Draft Act, proposed on behalf of Dissenters in 1838, as to marriage
12. Minute by A. Amos, Esq. (December, 1838), the legal Member of Cound at

Calcutta, on the conflicting opinions of Counsel as to marriages by Dissenting
Ministers, and by Magistrates. Doubts rather confirmed by the statutable
recognition of marriages by the Scotch Chaplains in India










[ocr errors]
[ocr errors]













13. Despatch (February, 1839) from the Legislative Council to the Court of Directors,

• forwarding a letter from the Bishop of Calcutta (No. 15) on the subject of the

Dissenters' Memorial (No. 7). 14. From the Government of India to the Bishop of Calcutta, on the subject of the

Dissenting Ministers' Memorial, and the remarks of the Legislative Council

(No. 6, 7).
15. Third letter (30 Jan., 1839) from the Bishop of Calcutta to the President in Council on

the Dissenters' Memorial for a legislative recognition of marriages performed by
them in India, and upon the remarks by the Legislative Council in support of it.
(No. 6, 7) Objections, both on principle and in detail, to the prayer of the
Memorial; the annual number of marriages of British subjects in India not ex-

ceeding 400, and the law not doubtful .
16. Remarks upon the Bishop of Calcutta's letter (No. 15) by the Legislative Council.
17. Further Memorial (1841) from.“ ministers of the.gospel” to the Governor-General,

enforcing the claim of " ministers recognized as such by their respective churches"

to perform valid marriages 18. Petition (1841) to the Queen in Council for an Act of Parliament, giving the same

effect to marriages by Dissenting Ministers as by priests in holy orders
19 & 20. Letters (1842-43) from a Missionary to the Secretary to the Government at Madras,

inquiring as to the validity of two marriages (the parties being members of his
congregation and the men soldiers) performed by him in a Mission Chapel, under

"a permission to marry” from the Commanding Officer
21. Opinion of the Advocate General, at Madras, that the above marriages (No. 20)

were valid, and that neither banns, nor license from the Governor or the

Ecclesiastical Authorities, were essential to marriage in India 22. Letter from the Bishop of Madras, on receiving the above opinion, and especially

remarking upon the last paragraph
23. Memorial (1847) of Wesleyan Missionaries in the Madras Presidency, to the Court

of Directors, “ referring to their disability for the solemnization of marriage,
both for Europeans and East Indians, members of their congregations,” and

suggesting a mode for the recognition and security thereof
24. (1847) of ministers of several Protestant denominations in Calcutta, that the

Court of Directors will aid in procuring an Act of Parliament legalizing past
marriages by Dissenting ministers ; and that the ministers of the different Pro-
testant denominations of Baptists, Independents, Methodists, Free Church of
Scotland, and several other denominations not in connexion with the Church of
England, or of the Established Church of Scotland (though not in the Company's
service), may legally celebrate marriage, according to their forms, within the

British territories in India
25 & 26. - (1847) of Christian missionaries to the President in Council in Calcutta, as

to a legislative enactment, in respect of marriage and divorce in the case of native
converts, and setting forth a series of propositions upon the subject. See also

Mr. Hill's evidence, pp. 2, 3, Q. 17-21
27. (1847) of a minister of the Church of Scotland, and of other missionaries

resident in Bombay, on the position of converts as to marriage, divorce, and an

cestral property • 28. (1847) from missionaries at Nagpore, of the Free Church of Scotland, as to

converts, &c., and praying that marriages by Christian missionaries among their

own communion may be valid 29. Memorial from the Presbytery of Katywar, in connexion with the Presbyterian

Church of Ireland, for full privileges in respect of their marriages, &c.
30. Copy of a Petition presented to both Houses of Parliament, in 1848, “signed by

about 580 persons, including all the ministers and missionaries of the Baptist,
Independent, and other bodies in Bengal and Bombay,” setting forth, inter alia,
“that in consequence of the limited number of chaplains in the interior of India,
and the great distances of the residences of many British subjects in connexion
with the Established Church, and of other denominations of Protestant Christians,
from a priest in holy orders, many marriages have been celebrated by military
officers, judges, and magistrates, and by ministers of various Protestant denomi-
nations, &c.,” and that all such past marriages should all be declared valid to all
intents and purposes, and that for the future, marriages celebrated in India by
accredited Dissenting Ministers, according to their respective forms, should also

be good and valid.
31. Letter (1848) to the President of the Board of Control with the two following peti-

tions (from adherents to the Free Church) to be presented to Her Majesty
32. Petition (1848) to the Queen from the ministers and elders of the Presbytery of

Bombay, lately members of the Church of Scotland, and having the privilege of
marriage under 58 Geo. III., c. 84, aná praying for an extension of that Act to
the ministers and other members of the “Free Church,” whether British born
subjects or native converts

[ocr errors]
[ocr errors]


[ocr errors]








« ՆախորդըՇարունակել »