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 may be searched every day, Sundays excepted.

Fees.

Proviso.

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 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.

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

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 wilfully 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.

No. 2.

c. 13.

Act 2 Vic. registers, and all copies thereof, respectively certified under the hand of the person for the time being having the lawful care of the same, to be true copies, shall be, and the same are hereby declared to be, good evidence of such marriages as aforesaid, respectively, as fully as if such register had been made and kept, and such certified copies had been made respectively by persons appointed by law to make and keep the same, and shall be received in evidence in all Courts, and before all Judges and Magistrates.

Manner in

which registers

of confirmed
Marriages are
to be preserved.

XV. That the better to preserve evidence of marriages so registered, and to facilitate the proof thereof, every person in whose custody any register lawfully is or shall be at the time of the commencement of this Act, shall, within six months after such the commencement of this Act, respectively make or cause to be made a fair and correct copy of every such register and of every entry therein contained; and it shall be lawful for any Christian minister as aforesaid, to examine, verify, and correct, (if anywhere found incorrect) by the original, any such copy of a register kept by any person or persons of the persuasion to which he belongs, and to take the same before any Magistrate, and make and sign the following declaration, which any Magistrate to whom the same shall be tendered is hereby authorized and required to receive, and to certify in manner following, that is to say:

I, A. B., (describe the persuasion to which he belongs) do hereby solemnly, sincerely, and truly declare that I have carefully examined this copy, beginning the

and year), and ending on the

(month and year) and containing

day of

day of pages, and

(month

Penalty on a false declara

tion.

How Marriages de facto are to be made valid.

entries of marriages, with the original register: and I believe the same to be throughout a true and faithful copy of the original register, of which it purports to be a copy. Signed A. B.

day of

before

The said A. B. appeared this
me, C. D., one of Her Majesty's Justices of the Peace in and for
and made and signed the above declaration in my

presence. Signed C. D.
Which declaration and Magistrate's certificate thereof shall be
entered and signed at the end of the copy to which it relates; and
the
copy shall be then securely sealed up, and forthwith sent to the
secretary of the colony as aforesaid, to be by him kept with the
register of marriages, in his office, where the same may be searched;
and any copy of any entry therein certified under his hand to be a
true copy, shall be of the same force and effect as any certified
copy whatsoever made by him is or can be; and which certified
copies he is hereby required to make, and may receive payment for
as in other cases.

XVI. That if such minister as aforesaid shall wilfully make or sign any such declaration, knowing the same to be false, he shall be liable to the pains and penalties to which persons guilty of wilful and corrupt perjury are liable.

XVII. And whereas, in consequence of imperfect instruction in the Christian religion, and from other causes, many marriages de facto have taken place between persons one or both of whom were in the condition of slavery, and other persons, but which marriages de facto have never been sanctioned by any public ceremony or formally registered; and in many such cases the parties have had

offspring of such last-mentioned marriages, and it is expedient that
provision should be forthwith made for enabling such persons to
confer upon their children the rights of children born in lawful
wedlock; Be it, &c., That it shall be lawful for all persons having
contracted marriage as last aforesaid, and who have not subsequently
to such marriage de facto been legally married to any other person
or persons at any time within two years after the passing of this
Act, duly to solemnize the marriage ceremony before any clergy-
man of the Established Church, or in any other manner authorized
by this Act; and every person so recognizing a previous marriage
de facto shall at the same time make and sign the following de-
claration, which shall also be attested by the witness present, and
signed by the minister before whom the ceremony is performed.
We, A. B. and C. D., do hereby solemnly, sincerely, and truly
declare that on the
day of
in the year
we, the said A. B. and C. D.
intermarried with each other, and that we have had issue of the said
marriage
children, and no more, viz.: (here state the
names and ages of the children, and if any be dead state the fact).

or thereabouts, at

Present,
X. Y.

}

(Signed)

A. B.
C. D.

No. 2.

Act 2 Vic.

c. 13.

A duplicate register to be

made and kept.

and such marriage ceremony shall have relation back to the time of
the marriage de facto; and all such children shall be deemed and
taken to have been born in holy wedlock, and shall possess and
enjoy all the rights, privileges, and advantages of persons born in
lawful wedlock; and to preserve evidence thereof, a duplicate
original declaration shall then and there, before the parties depart,
be made, signed, and attested in the same manner; and the original
declaration shall be appended to, and kept with the original register,
and the duplicate original declaration shall be appended to, sent,
and kept with the duplicate original register, and shall for all pur-
poses of evidence, be deemed part thereof respectively: Provided Proviso.
always, and it is hereby declared, That such last-mentioned cere-
mony and declaration may be performed and made without the
previous publication of banns or a licence: Provided, however, and,
&c., that nothing in this Act contained shall be construed or
understood in any manner to affect the right of the Ordinary of
these islands in granting marriage licences so far as the same now
are or may be lawfully exercised and enjoyed.

Nothing in this

Act to affect

rights of the Ordinary to grant Marriage

Licences.

Certain Acts

XIX. Repeals 5 Wm. 4, ch. 15, 6 Wm. 4, ch. 9, and so much of 5 Wm. 4, ch. 33, as shall be repugnant to or inconsistent with repealed. the provisions of this Act, with the following proviso: Provided, however, that such repeal shall not invalidate or be construed to invalidate any marriage or marriages which may have been had and solemnized under the authority of such Acts, or any or either, all which marriages shall be, and be held good and valid, such repeal to the contrary notwithstanding.