ARRANGEMENT OF SECTIONS
1 Short title
3 In what cases marriage void
4 Effect of non-observance of the conditions of this Act
5 Civil Registrars and Marriage Officers
6 Ministers of religion, how far entitled to be Marriage Officers
7 Civil Registrar to be Marriage Officer ex-officio
8 When Marriage Officer may refuse to act as such
9 Deputies to Civil Registrars, their appointments, removal powers and duties
10 Applications for appointment as a Marriage Officer
11 Ministers of religion ceasing to act to notify Registrar-General
12 Vacation of office of Marriage Officer to be Gazetted
13 Temporary absence of Marriage Officer
14 Power to remove Marriage Officer
15 Change of residence, postal address and ministerial charges of Marriage Officers to be reported
16 Authority for marriage
17 Preliminaries to marriage on Civil Registrar's certificate
18 Preliminaries to marriage on a Marriage Officer's certificate
19 Notice of intended marriage under Foreign Marriage Act
20 Who may publish banns
21 Preliminaries to marriage on the Minister's licence
22 Special licences
23 Stamps on marriage licences
Schedule to Stamp Duty Act
24 Consent to marriage when required and who may give it to
Consequence of marriage without necessary consent.
25 Objection to a marriage, how to be made and dealt with
26 Certificate or licence void after three months
27 How marriage to be solemnised and conditions to be observed
28 Marriage by a Civil Registrar
29 As to a separate religious service
30 Inquiries by Marriage Officer
31 How marriages to be registered
32 Marriage Officer's duties immediately after registration
33 Registering marriage in the General Register Office
34 Rectification of Register as to marriage not properly registered
35 Alteration of Register of Marriage
36 Certified copies of registers exempt from stamp duty
37 As to marriage in articulo mortis
38 Rules under this Act, how and by whom made, altered or revoked
39 General Register Office for marriages
40 Seal of office
41 Supply of books, forms, etc, to Marriage Officers
42 Registrar-General of Marriages
43 Registrar-General to see to the execution of this Act
44 Registrar-General responsible for documents committed to his keeping
45 Index to Register Book
46 Index may be searched
47 Office copy of Registers
48 Marriage Officers to be Registrars of Marriages
49 Their duties as such
50 Duties of Civil Registrars
51 Marriage facilities of Commonwealth citizen
53 Expenses of carrying out this Act
54 Registers, Records of Registers and copies, how far evidence
55 Penalty on Marriage Officers not complying with this Act
56 Penalty on Marriage Officers for certain neglects and defaults
57 Director of Public Prosecutions must authorise prosecution
58 Report to be made by Registrar-General to Director of Public Prosecutions
60 Cancellation of Original Registers, Duplicate Original Registers and other entries of bigamous marriages
61 Tampering with Marriage Registers
62 Personation of Marriage Officer
63 False official certificates or attestations
64 Tampering of Marriage Officers with certificates or notice
65 False ceremony of marriage
66 Fraudulent ceremony of marriage with a party believing it valid
67 Frauds by one party to a marriage on the other
68 Fraudulent performance of ceremony when marriage unlawful
69 Fraudulent endeavouring to prevent a marriage
70 Provisions relating to punishment
71 Minister may amend monetary penalties
THE MARRIAGE ACT
[Date of Commencement: 2nd June, 1897]
Law 48 of 1957.
42 of 1969,
1 of 1979,
7 of 2011.
This Act may be cited as the Marriage Act.
In this Act-
"Registrar-General", "Civil Registrar", "Marriage Officer" mean respectively Registrar-General of Marriages, Civil Registrar of Marriages and Marriage Officer under this Act;
"General Register Office" means General Register Office for the keeping of registers of marriages solemnised in this Island as appointed by law.
(1) If both the parties to a marriage knowingly and wilfully acquiesce in the solemnization of the marriage ceremony between them-
[48/1957 s 2(a).]
(a) by or before a person not being a Marriage Officer; or
(b) otherwise than in the presence of two witnesses besides the Marriage Officer solemnizing or witnessing and registering the marriage, the marriage shall be void.
(2) A marriage solemnised between persons either of whom is under the age of sixteen Years shall be void.
[48/1957 s 2(b).]
(3) If the parties to any marriage are within the prohibited degrees of consanguinity or affinity according to the law of England from time to time in force, the marriage shall be void.
[48/1957 s 2(b).]
Except as aforesaid, and except as in section 37 provided with respect to marriages under that section, no marriage otherwise lawful which has been actually solemnised shall be declared void on the ground that any of the conditions by this Act directed to be observed have not been duly observed.
The Minister shall from time to time appoint, and remove at pleasure, such persons as he shall think fit to Civil Registrars of Marriages, and such ministers of religion as may be entitled to appointment under the provisions of this Act to be called Marriage Officers. Appointments and removals of, and any resignation or vacation of office by Civil Registrars and Marriage Officers shall be notified in the Gazette, and shall take effect from the date of publication.
Ministers of religious d:denominations, whether acting for one congregation or having the local superintendence of several congregations, shall be entitled to be appointed Marriage Officers for the Island, but the Minister may refuse to appoint any such minister if he thinks him unfit.
[48/1957 s 3.]
A Civil Registrar shall be ex officio a Marriage Officer, and shall have a known office to be approved by the Registrar-General, but shall not act as a Marriage Officer otherwise than subject to the provisions of section 28.
No minister of religion who is a Marriage Officer shall be required to act as a Marriage Officer with respect to any marriage which is contrary to the rules of the religious denomination to which he belongs.
A Civil Registrar shall, subject to the approval of the Minister, appoint by writing under his hand a fit person to act as his deputy in case of his illness or absence. Such deputy shall hold his office during the pleasure of the Civil Registrar by whom he is appointed, but shall be removable from his office by the Minister. Such deputy while so acting shall have all the powers and duties and be subject to all the penalties herein declared concerning civil Registrars. A Civil Registrar shall be civilly responsible for the acts and omissions of his deputy. In the event of the incapacity or absence of the deputy the Registrar-General shall, subject to the approval of the Minister, appoint a fit person to act as Civil Registrar until the person thus holding the appointment of Civil Registrar resumes the duties of his office, or until a new appointment to the office of Civil Registrar is duly made.
In case a Civil Registrar dies, or otherwise ceases to hold his office, his deputy shall act as Civil Registrar in his place until the appointment of another Civil Registrar is made by the Minister.
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