Registration fees the original instrument according to the purport of such copy. And the clerk's certificate shall also be prima facie evidence of the date and hour of registration or filing. C.O., c.44, s. 9. 10. The registration clerk shall be entitled to charge a fee of 25 cents for each registration; 10 cents for each search; 10 cents per 100 words for copies of documents and 25 cents for each certificate. C.O., c. 44, s. 10. TITLE VI. RELATING TO SPECIAL RELATIONSHIPS. Short title Who may perform marriage ceremony Marriage ceremony not to be performed without license or banns Witnesses Registration CHAPTER 46. An Ordinance respecting Marriages. THE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows: SHORT TITLE. 1. This Ordinance inay be cited as "The Marriage Ordinance." C.O., c. 46, s. 1. SOLEMNIZATION OF MARRIAGE. 2. The ministers and clergymen of every church or religious denomination duly ordained or appointed according to the rites and ceremonies of the churches, denominations or religious 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 solemnize or perform the ceremony of marriage between any two persons not under a legal disqualification or disability to contract such marriage. C.O., c. 46, s. 2. 3. [Except as hereinafter provided] no marriage commissioner shall solemnize marriage unless the parties to the intended marriage produce to him the license provided for by this Ordinance; and no minister or clergyman or other person authorized to perform the ceremony or marriage shall solemnize marriage unless the parties to the intended marriage 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. C. O., c. 46, s. 3; 1901, c. 17, s. 1. 4. All marriages shall be solemnized in the presence of two or more credible witnesses besides the minister, clergyman, marriage commissioner or other person performing the ceremony; and every person solemnizing the marriage shall register the same according to the provisions of The Vital Statistics Ordinance. C.O., c. 46, s. 4. against person marriage 5. No person duly authorized who solemnizes a marriage in No action conformity with the provisions of section 2 of this Ordinance solemnizing 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. C.O., c. 46, s. 5. ISSUE OF MARRIAGE LICENSES. Issue of 6. Marriage licenses shall be in form A in the schedule to licenses this Ordinance and shall be supplied from the department of the [Territorial Secretary] and shall be issued to persons requiring the same by such persons as the Lieutenant Governor in Council may name for that purpose. C.O., c. 46, s. 6; 1903 (1st Session), c. 11, s. 3. 1 censes 7. Such licenses shall be signed by the [Territorial Secreatry] Signature of and shall be and remain valid notwithstanding that the [Territorial Secretary] has ceased to hold office before the time of the issue of the license. C.O., c. 46, s. 7; 1903 (1st Session), c. 11, s. 3. by issuer 8. Every issuer of marriage licenses shall sign each license Signature as the same is issued by him. C.O., c. 46, s. 8. prior to grant 9. Before a license is granted by any issuer one of the parties Affidavit to the intended marriage shall personally make an affidavit of license 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. C.O., c. 46, s. 9. evidence may be required 10. In case the issuer has knowledge or reason to suspect Further that any of the statements in the affidavit of any applicant for 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. C.O., c. 46, s. 10. marriage of 11. The father, if living, of any person under twenty-one! Consent to years of age (not being a widower or widow) or if the father minors 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. Consent dispensed with Quarterly returns of licenses issued Return of unissued licenses Fees for licenses Unauthorized issue of licenses or solemnization of marriage Penalty Civil marriage notice to [(1) Any female over the age of eighteen years who is living apart from her parents or guardians and earning her own livelihood may be excused from obtaining the consent of such parent or guardian and a statement of the facts constituting such excuse shall be set forth in the affidavit required by section 9 hereof.] C.O., c. 46, s. 11; 1903 (1st Session), c. 11, s. 1. 12. Every issuer of marriage licenses shall on the fifteenth day of January, April, July and October in each year make a sworn return to the [Territorial Secretary] 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. C.O., c. 46, s. 12; 1903 (1st Session), c. 11, s. 3. 13. Every issuer of marriage licenses shall whenever called upon by the [Territorial Secretary] make a sworn return of all licenses at any time supplied to him and shall return all unissued licenses if so required. C.O., c. 46, s. 13; 1903 (1st Session), c. 11, s. 3. 14. There shall be payable to every issuer of marriage licenses on the issue of each license by him the sum of $3 of 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. C.O., c. 46, s. 14. 15. Any person unlawfully issuing a marriage license supplied from the department of the [Territorial Secretary], any issuer of marriage licenses, granting a license without first having obtained the affidavit required by this Ordinance, and any person solemnizing a marriage contrary to the provisions of this Ordinance 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. C.O., c. 46, s. 15; 1903 (1st Session), c. 11, s. 3. [CIVIL MARRIAGE.] [16. In the event of any parties objecting to or not being commissioner desirous of adopting marriage by a clergyman or minister of any religious denomination then and in that case notice in writing in form C of the schedule hereto must be given by one of the parties to the marriage commissioner where such parties |