No. 36.

8th. Be it enacted, That each licentiate shall, immediately after the solemnization of a marriage, register the same marriage in a "Marriage Register," and also in a "Duplicate See p. 5, Q. 54-56. Marriage Register," according to the form contained in the Schedule hereunto annexed marked C; and every entry, and duplicate entry of marriages, shall be signed by the licentiate performing the ceremony, by the contracting parties, and by the two witnesses, in the order appearing in the said Schedule C. And it is hereby declared that the marriage contract shall not be deemed final, until such entry shall be completed as above mentioned; provided that in case both, or either of the contracting parties shall be unable to write, or sign their, his, or her names or name, then the parties or party so unable to sign or write, shall make their, his, or her mark, in the place, and in lieu of their, his, or her names or name; and the licentiate solemnizing the marriage shall write the names or name of the parties or party so signing by mark, near their, or his, or her mark, in the form in the said schedule C mentioned. Provided always that nothing in this Act contained shall prevent or be construed to prevent two or more licentiates from using the same "Marriage Register" as occasion may require.

9th. Be it enacted, That all licentiates shall, on or before the 1st day of February in each year, transmit or cause to be transmitted to the Registrar-General of the presidency to which he belongs, his "Marriage Register" for the preceding year, closed to the 31st day of December of such preceding year. Provided always, that nothing herein contained shall be construed to prevent licentiates from forwarding their Marriage Registers more frequently, or from the Registrar-General calling for the said Marriage Registers when required.

10th. Be it enacted, That the Registrar-General shall preserve all such Marriage Registers, and shall at all reasonable times allow searches to be made therein, and shall, when required, give a copy of any registry, certified under his hand as correct. And it is hereby declared, that such certified copy shall be good and legal proof of the marriage to which it shall refer, in all Courts of Her Majesty and the East India Company wheresoever situate. And the Registrar-General is hereby required annually to make a fair" Marriage Register Book" from the said several Marriage Registers so sent to him, arranging the several marriages in alphabetical order, and he shall also make an alphabetical index of such last-mentioned Marriage Register Book, so as to secure easy, quick, and accurate reference.

11th. Be it enacted, That the fees for searches of the records of the Registry Office, granting of faculties, certificates, certified copies of registers, and the like, shall not exceed the charges mentioned in the schedule hereunto annexed, marked with the letter D.

12th. Be it enacted, That all sums of money to be received by the Registrars-General, shall be paid into the treasury of their respective presidencies, for the use of the Government of the East India Company.

13th, Be it enacted, That if any person shall procure, or attempt to procure, a Faculty by false representation, false declaration, perjury, or other false means, knowing the same to be false, he shall be guilty of an offence, and shall be liable to be proceeded against for such offence at the instance of the Registrar-General, or of any other public or private prosecutor in any of Her Majesty's Courts, and, on conviction thereof, he shall be punishable by imprisonment for a period not exceeding two years, or liable to the payment of a fine not exceeding 3,000 rs., with imprisonment until paid, but which imprisonment shall not exceed two years. 14th. Be it enacted, That if any person not authorized to solemnize marriages under the provisions of this Act, shall profess to be a licentiate under this Act, and act as a licentiate in the solemnization of any marriage, he shall be guilty of an offence, and shall be liable to be prosecuted by the Registrar-General, or by any other public or private prosecutor in any of Her Majesty's Courts, and on conviction be punishable by imprisonment not exceeding the period of two years, or be liable to the payment of a fine not exceeding Company's rupees 5,000, with imprisonment until paid, but which imprisonment shall not exceed two years; but the validity of the marriage so solemnized, if such person be held and reputed and believed to be a licentiate, shall not be thereby affected; and the Registrar-General shall enter a registry of such marriages in a separate book, to be kept by him for that purpose, first satisfying himself of the particulars of such marriage, and of the contracting parties.

15th. Be it enacted, That nothing herein contained shall render valid any marriage, where both or either of the parties to the contract, are or is under any legal impediment or disability to the contraction of such marriage.

16th. Be it enacted, That should any licentiate under this Act neglect to keep a true and faithful Marriage Register of all marriages solemnized by him, or shall alter any entry, or make any false entry of the solemnization of any such marriages in his Marriage Register, with the intention of falsifying the entry of any marriage in his Marriage Register, he shall be guilty of an offence, and shall, on conviction, be liable to imprisonment for a period not exceeding one year, or to the payment of a fine not exceeding 2,000 rs., with imprisonment until paid, but which imprisonment shall not exceed one year; and it is hereby declared, that. any such licentiate shall be liable to be prosecuted for such offence by the Registrar-General, or any public or private prosecutor in any of Her Majesty's Courts. And it is hereby declared, that the Registrar-General may, at any time after such conviction, recal and cancel the Faculty of such licentiate; and every recal and cancellation shall be forthwith notified in the Government Gazette of the presidency of the licentiate. And the Registrar-General may adopt such proceeding as in the 17th clause of this Act are mentioned, for the recovery of such licentiate's Faculty.

17th. Be it enacted, That any licentiate refusing, or neglecting to transmit, or causing to be transmitted, his Marriage Register to the Registrar-General made up, as hereinbefore is mentioned, for six calendar months after the 1st day of January, in each year, he shall be liable to payment of a fine of Company's rupees 200 for such neglect, and to the payment of

No. 36.

--

100 rupees for every calendar month thereafter, until he shall forward his Marriage Register to the Registrar-General, according to the terms of this Act: which said fine may be recovered from such licentiate by the Registrar-General at his own suit against any such licentiate in See p. 5, Q. 54-56. any of Her Majesty's Courts, together with the costs of such suit; provided always that should any licentiate refuse, or neglect for 12 calendar months to transmit, or cause to be transmitted, his Marriage Register to the Registrar-General, then the Registrar-General may cancel and recal the Faculty granted to such defaulting licentiate; and such licentiate shall forthwith transmit, or cause to be transmitted, his Marriage Register made up to the day of withdrawal of his Faculty, and shall also return his Faculty to the Registrar-General. And it is hereby declared, that on refusal or delay being made by such licentiate to forward his Marriage Register and Faculty to the Registrar-General as last mentioned, the RegistrarGeneral may, and he is hereby authorized and required to adopt such proceedings in any of Her Majesty's Courts against such licentiate, to compel him to deliver up to the RegistrarGeneral his Marriage Registers and Faculty in the same manner and form as if such Marriage Registers and Faculty were the sole property of the Registrar-General. And it is hereby declared that no marriage solemnized by such licentiate after his Faculty shall be cancelled and recalled for the reasons herein mentioned, and notice thereof inserted in the Governmen Gazette aforesaid, shall be valid.

18th. Be it enacted, That all the said fines recovered and paid under and by virtue of this Act, shall be paid into the treasury of the East India Company, at the presidency to which the party paying the same shall belong, for the use of the said East India Company.

19th. Be it enacted, That nothing in these presents contained, shall be held to supersede or otherwise affect the existing laws for the solemnization of marriages in Her Majesty's territories in India under the Government of the East India Company.

2

in

denomination

of Christians, to which body he belongs, I do hereby grant this Faculty unto him in performance of
the power and authority given to me by Act
and authorize him, in all times.
hereafter, to solemnize marriages within Her Majesty's present and future territories in the East
Indies, subject to the government of the East India Company, agreeably to the tenor of the said Act
Dated at

this

18

day of A. B.,

Registrar-General

of the

Presidency.

To a Layman.

of

I do hereby grant this Faculty unto

in performance of the power and authority given to me by Act and authorize him at all times hereafter, to solemnize marriages within Her Majesty's present and future territories in the East Indies, subject to the government of the East India Company, agreeably to the tenor of the said Act. Dated this

at

day of

18

I do hereby certify that I have inquired and satisfied myself that no legal impediment exists to the celebration of marriage between

Marriages solemnized at

SCHEDULE C.

in the Presidency of

in Her Majesty's territories in the East Indies, and now subject to the East India Company.

1st June, William Hastings. Of full age Bachelor. Carpenter. 3, South-street Peter Hastings. Baker.
1848.
Sophia Ann Mitchell. Minor. Spinster.

17, High-street. Geoffry Mitchell Carpenter.

The name of W. H. and S. A. M. were written by me, they having deelared to me their inability to sign their names.

EDWARD DAVIES, Licentiate.

SCHEDULE D.
Table of Fees under this Act.

INDEX.

[A reference to the Contents of the Appendix precedes the Evidence.]

BHUDDISTS, marriage of, where inhabitants of the Com

pany's territories in India, according to their own
forms, Report, par. 16

BOMBAY, the law of England is the lex loci in the city
of, Rep., par. 5

Introduction of that law by charters granted to the
Mayors and Supreme Courts, ib.

All inhabitants of, subject to the same laws which
govern British subjects, ib.

Certain civil rights reserved by 21 Geo. III., c. 70,
to the Mahomedans and Gentoos, ib.
Christian inhabitants of the city of Bombay in the
same condition, as to the law of marriage, as British
subjects, Rep., par. 14

Marriage by a missionary at Surat between two British
subjects, sustained by the Supreme Court of, Rep.,
note to par. 7

BRITISH SUBJECTS:-[See Calcutta, Lord Bishop of;
Marriages in East Indies.]

In its proper meaning, would include all the subjects
of Her Majesty within the Company's territories,
Rep., par. 5

A term used, generally, 'in charters and statutes as to India, in contradistinction to "native inhabitants," ib.

English law applies only in the provinces to those inhabitants who are British subjects in the restricted sense, Rep., par. 5, 6, 12, 13.

See re

As to the precise meaning of the term.
ferences in note † to par. 15
Half-castes, or East Indians, considered as, p. 5,
Q. 64-66

Legitimate offspring of, by native women, included
in the term British subjects, Rep., par. 15.
Difficulties that might ensue upon the marriage of a
convert to a British subject, p. 2, Q. 12

As to the law affecting marriages in India of British subjects, where not celebrated by a priest in holy orders, Rep., par. 1, 2, 4, p. 1, Q. 2, and App., particularly Nos. 1, 3, 4, 6, 7, 10, 12, 15, 20, 21, 34

CALCUTTA:

Laws affecting the inhabitants of the city of, as at
Bombay. [See Bombay.]

BISHOP OF:-[See Marriage, general law of;
Marriages in East Indies; Registration.]

Letter from, 21st August, 1833, to the
Governor-General in Council, p. 13, No. 3

Letter from, 14th September, p. 17, No. 4

Letter from, 30th January, 1849, p. 27, No. 15 Marriage in a threefold light-natural, civil, religious, p. 13, s. 4; p. 18, s. II a Some remarks as to the marriage law in England before 26 Geo. II., c. 33, p. 13-15, 17. Exposition of the marriage law as affecting British subjects in India, p. 13, No. 3; p. 17, No. 4; p. 27, No. 15

British subjects governed, in that respect, in any British settlement in India by the old canon law of England, modified by 58 Geo. III., c. 84, and 4 Geo. IV., c. 91, p. 14, ss. 12-21; p. 17, s. 3; p. 27, ss. 8-12

Marriage celebrated by a person not in holy orders incomplete, p. 14, ss. 22, 28; p. 17, s. 3.

No person in holy orders, unless episcopally ordained, p. 14, s. 24

Orders of Roman Catholic priests are episcopal,
p. 14, s. 26; p. 29, s. 26

Marriages of Jews and Quakers by their own forms
allowed, p. 14, ss. 25, 28; p. 28, s. 14; p. 29, s. 32
Enumeration of other excepted cases as to the cere-
mony of marriage by laymen, p. 15, s. 28.
The propriety of further extending the exceptions,
query, p. 15, s. 28; p. 18, I a: p. 29, s. 32
Indulgence to marriage by a layman in India, with-
out religious ceremony (not within the exceptions
by statute or otherwise), is founded upon usage and
the absence of a clergyman, p. 14, ss. 25-28; p. 27,
s. 12; p. 29, s. 25

Such cases will lessen as the clergy increase, p. 18 I.;
p. 19, s. I a.

Ceremony of marriage in Calcutta by an Independent minister, p. 13, Nos. 2, 3, s. 3; p. 16, s. 45. See also p. 30, s. 36

Marriages by local magistrates, political residents, or other laymen, few, p. 28, ss. 18-20; p. 31, s. 50

Precautions in regard to such marriages, p. 2, Q. 8-11;

p. 28, ss. 21-24

Special licences as to them suggested, p. 20, s. 4
Annual marriages of British subjects in India about
400 (1839), p. 31, s. 50

Causes of irregular marriages in India, p. 18, s. 5
Basis of a local Act in remedy thereof, p. 18, 1 a, et seq.
Draft Act for diocese of Calcutta, pp. 20, 21, 31, s. 49
A general Marriage Act by the Imperial Government
preferable, p. 21, s. 9

Remarks on the prayer of the memorial of the Pro

testant Dissenting Ministers, p. 30, ss. 41, 42, 46–8 Who is a "Dissenting Minister" considered, p. 30, s. 43-5

Remarks of the Legislative Council upon his Lordship's objections (as in letter No. 15), to legalize future marriages by dissenters, &c., p. 32, No. 16 CALCUTTA REVIEW, remarks of, as to the law of marriage in India, p. 1, Q. 2, 23

CHRISTIAN OBSERVER. Propositions of certain missionaries, with remarks, on marriage and divorce of converts, &c., p. 2, Q. 17; p. 40, No. 26 CATHOLICS:

Marriages between British subjects, residing in the provinces of the East India Company, if solemnized by a priest, episcopally ordained, whether Pro-, testant or Catholic, valid to all intents, Rep., par. 7, 20; p. 7, Q. 100-2; p. 14, s. 26; p. 24 No. 10, ss. 2, 3; p. 29, s. 26

CHINESE, Marriages of, in India, according to their own forms, Rep., par. 16

CONTROL, BOARD OF, documents from, including two

petitions (on the subject of the marriage law in
India) transmitted to the President of the Board,
and addressed to Her Majesty, pp. 46-7, No. 31-3;
and see Rep., par. 1

CONVERTS:-[See Marriage; Missionaries; Natives.]
How far conversion will operate as an entire severance
of the marriage tie? Rep., par. 17; p. 1, Q. 3.
Effect of conversion as to property, Rep. par. 17; and
App. p. 39, No. 25-9

COUNCIL OF INDIA :-[See Legislative Council.]
COUNSEL, opinions of, p. 8, 9, 12, No. 1 ; p. 23, No. 7;
p. 24, No. 10; p. 36, No. 21.

DANES, born at Serampore, not within British law.
Rep., par. 14

DIRECTORS, Court of:-[See East India Company.]
Documents from, Rep., par. 1

Opinions of Counsel taken, on their behalf, in 1816,
1818, 1840, as to the state of the marriage law in
India, pp. 8-13, No. 1; and see Rep. par. 9

Letter (1838) to the Court of Directors from the Legislative Council at Calcutta, on the advantage of a Marriage Act for India, to the effect of 6 and 7 Will. IV., c. 85, p. 22, No. 6

Letter (1847) also to, on the necessity of imperial or local legislation as to marriages in India Impracticable for Indian legislation to afford an adequate remedy, p. 48, No. 35

DISSENTERS:-[See Calcutta, Lord Bishop of; Missionaries; Marriage.]

Marriages in India by ministers (not in holy orders)
of various religious persuasions, p. 1, Q. 4, 39,
44-51, 68, and App. passim

Such marriages not valid as to all purposes, p. 4,
Q. 49-52, 68-70, 91, and App. pp. 8-9, 12, No. 1;
p. 24, No. 10; p. 25, No. 12, &c.
Dissatisfaction thereat, pp. 23-4, No. 9
Application in a memorial (No. 7) to the Government
in India, and to the Court of Directors, for a remedy
favourably received, p. 5, Q. 52-3; p. 48, No. 35.
See Memorials in App.

Petition (1841) to the Queen in Council on the sub-
ject of marriages by Dissenting Ministers, p. 33,
No. 18

Two petitions to Her Majesty on the same matter, from certain ministers and other members of the "Free Church" of Scotland, pp. 46-7, Nos. 32-3 Petition (1848) by missionaries and other ministers, &c., to the British Parliament, p. 45, No. 30 Doubts as to marriage law, if reasonable, should be removed by legislative measure, Rep., par. 1, 20; pp. 9, 12, 22, No. 6; p. 25, Nos. 12-14