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Archives provinciales du Nouveau-Brunswick

Fort Havoc (Wallace Hale)

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CAP. IX.

An ACT further to alter and amend an Act, intituled "An Act for regulating Marriage and Divorce, and for preventing and punishing Incest. Adultery, and Fornication."

Passed 19th March, 1827.

Preamble.

 
WHEREAS it is expedient to limit the number of Magistrates authorised to solemnize matrimony within this Province;

No Justice of the Peace to celebrate Marriage without Commission, and when no Clergyman officiates in the Parish.

 
I.   Be it enacted by the Lieutenant Governor, Council, and Assembly, That from and after the first day of July next, no Justice of the Peace or Quorum shall solemnize or celebrate Marriage between any persons whatsoever within this Province, unless such Justice shall be especially authorised and commissioned to perform such ceremony by Warrant or Commission from the Lieutenant Governor or Commander in Chief of the Province, and then only when there shall be no Parson, Vicar, Curate, or other person in Holy Orders of the Church of England resident and officiating in the said Parish.

Governor with the advice of Council to commission Justices to celebrate Marriage.

 
Commissions to be delivered free of expense, &c.

 
II.   And be it further enacted, that such and so many Justices of the Peace being of the Quorum shall be appointed by the Lieutenant Governor, or Commander in Chief for the time being, by and with the advice and consent of His Majesty's Council, and commissioned under the hand and seal of such Governor or Commander in Chief during pleasure, to solemnize or celebrate Marriages in such Counties or Parishes as may be deemed expedient and necessary; and that such Commissions or Warrants shall be made out and delivered to such Justices free of any expense to them; and the names of such Justices so authorised shall be published in the Royal Gazette.

Any Justice may be appointed in the County of Saint John.

 
III.   Provided always, and be it further enacted, That Justices of the Peace not of the Quorum, may be appointed to solemnize Marriages within the County of Saint John.

Justices without Commissions celebrating Marriage subject to penalties as by 3d Sec. 31 G. 3, C. 5.
 
IV.   And be it further enacted, That if any Justice of the Peace or Quorum shall after the said first day of July next, presume to solemnize Marriage without being thereto duly authorized as aforesaid, he shall be subject to the like pains, penalties, and forfeitures, as other persons so offending are by the third Section of the said recited Act made subject and liable to.
Governor may commission Magistrates in the sickness or absence of the Clergyman.

 
Provided that nothing herein contained shall extend or be construed to prevent the Lieutenant Governor or Commander in Chief authorising Magistrates to solemnize Marriage, in the sickness or absence of the resident Parson, Vicar, or Curate.

________________

C. 9. Anno VIII. Geo. IV.   A. D. 1827.


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