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No. 2. 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 XV. That the better to preserve evidence of marriages so regiswhich registers tered, and to facilitate the proof thereof, every person in whose of confirmed Marriages are
custody any register lawfully is or shall be at the time of the comto be preserved. mencement 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
(month and year), and ending on the
day of (month and year) and containing 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. The said A. B. appeared this
before 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. Penalty on a XVI. That if such minister as aforesaid shall wilfully make or false declara- sign any such declaration, knowing the same to be false, he shall be tion,
liable to the pains and penalties to which persons guilty of wilful
and corrupt perjury are liable. How Marriages XVII. And whereas, in consequence of imperfect instruction in de facto are to the Christian religion, and from other causes, many marriages de be made valid.
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
in the year
offspring of such last-mentioned marriages, and it is expedient that
No. 2. provision should be forthwith made for enabling such persons to Act 2 Vic. 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 clergyman 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 declaration, 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 or thereabouts, at
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). Present,
C. D. 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 A duplicate original declaration shall then and there, before the parties depart, register to be be made, signed, and attested in the same manner; and the original made and kept. 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 purposes of evidence, be deemed part thereof respectively: Provided Proviso. always, and it is hereby declared, That such last-mentioned ceremony and declaration may be performed and made without the previous publication of banns or a licence : Provided, however, and, Nothing in this &c., that nothing in this Act contained shall be construed or Act to affect understood in any manner to affect the right of the Ordinary of rights of the these islands in granting marriage licences so far as the same now grant Marriage are or may be lawfully exercised and enjoyed.
Licences. XIX. Repeals 5 Wm. 4, ch. 15, 6 Wm. 4, ch. 9, and so much Certain Acts 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.
No. 3. Ord. No. 7,
No. 3.-ORDINANCE No. 7 of 1851.
solemnized within the Turks and Caicos Islands, and to pro-
Confirmed 16th Aug., 1852.)
Her Majesty's reign, entitled “ An Act for the better regulation of Marriages within the Bahama Islands,” and which said Act is extended to this colony, many marriages have been celebrated in the Turks and Caicos Islands by Baptist missionaries and their delegates, but in consequence of certain provisions of the said Act not having been fully complied with, questions touching the validity of such marriages have been entertained ; and it is therefore expedient to declare the validity of such marriages; May it, &c.,
1. That all marriages which have taken place and been solemnized by any Baptist missionary or his delegate within the Turks and Caicos Islands shall remain and be held and are declared as good and valid in law as if no irregularities had taken place, and the provisions of the hereinbefore-mentioned Act had been fully complied with : Provided always, that it shall and may be lawful, on or before the first day of January which shall be in the year of our Lord one thousand eight hundred and fifty-three, for the parties concerned to cause any of the hereinbefore-mentioned marriages to be registered in the Marriage Books of the district of the colony where such marriage or marriages were originally solemnized, or at Grand Turk, where the General Register is kept.
II. And be it further ordained, that this Ordinance shall come into operation so soon as the assent thereto of the Governor-inChief shall have been proclaimed.
All Marriages solemnized by Delegates of the Baptist Mission declared valid ;
And to be registered,
Operation of this Act.
No. 1. Act 6 G. 4,
LAWS RELATING TO THE CLERGY OF THE CHURCH
OF ENGLAND, &c.
Jamaica to exercise Ecclesiastical Jurisdiction over the Clergy
within the Bahama Islands. (Jan. 9th, 1826.) THEREAS His Majesty has been graciously pleased to con
English Ecclesiastical Canons, &c., declared to be in force in the Bahamas.
Indies, and to erect the Island of Jamaica and the Bahama Islands into a bishop's see, appointing the Rev. Christopher Lipscombe, D.D., bishop of the said see; And whereas it is expedient to authorize the bishop thereof to exercise ecclesiastical jurisdiction over the clergy within the Bahama Islands ; May it, &c., That from and after the passing of this Act all laws, ordinances, and canons ecclesiastical, which are now used and in force in that part of the United Kingdom called England, so far as the same relate to the
ordering and ecclesiastical regimen and jurisdiction over the clergy
No. 1. therein; and all rules of proceeding for carrying the same into Act 6 G. 4, effect shall be esteemed, accepted, and taken to be in full force and virtue within these islands in respect of the clergy resident within the same; and that the Judges of the General Court of the said Bahama Islands shall and may, from time to time, and at all times, be aiding and assisting in enforcing and carrying into execution such processes and proceedings, orders, sentences, adjudications, and decrees, at any time to be issued, had, made, or given in respect of the clergy within the said Bahama Islands, in the same manner, to all intents and purposes, as the Courts of Common Law within that part of the United Kingdom called England, lawfully may or are authorized, empowered, or required, to aid and assist the Ecclesiastical. Courts in enforcing and carrying into execution the processes and proceedings, orders, sentences, adjudications, and decrees issued, had, made, or given, in the said last-mentioned Courts, any law or custom to the contrary thereof in anywise notwithstanding; Provided, however, That nothing in this Act contained shall be construed or understood in any manner to affect the rights of the Ordinary of these islands, so far as the same now are or may be lawfully exercised and enjoyed.
No 2.-ORDINANCE No. 7 of 1855.
Ord. No.7, An Ordinance to consolidate and amend the several Laws at present in
1855. force régulating the Division of Parishes within these Islands ; the election of Vestries within the same; and further to provide for the future management of Parochial affairs. (Passed
5th July, 1855. Confirmed 21st Feb., 1856.) HEREAS the several laws regulating the parochial affairs of PREAMBLE.
the colony have in a great degree ceased to be operative, partly from the altered position of these islands since their separation from the Bahama Government, and partly from the amendment and repeal of some of the provisions of Ordinances since ordained ; and it is expedient that certain amendments should be made therein; and that the several enactments relating to parochial affairs should be embodied in one Ordinance ; May it, &c.
I. That the islands of Grand Cay and Salt Cay shall form one Colony divided parish, to be called the Parish of St. Thomas, and all islands and into parishes. quays within three leagues of the said quays shall be included in the said parish. That the islands commonly known as the Caicos Islands, together with all islands and quays within three leagues of the same, shall be included in one parish, to be called the Parish of St. George.
II. That the building erected at Salt Cay for a Chapel of Ease Chapel of Ease to the parish church shall be a Chapel of Ease to the said parish of Salt Cay. church.
III. That all persons qualified to vote at the election of mem- Qualification bers of Council, and professing to be members of the Church of of vestrymen. England, shall be qualified to sorve as vestrymon; and all persons
No. 2. qualified to vote at the election of members of Council may also Ord. No.7, vote at the election of vestrymen.
1855. IV. That on some day during Easter week in each and every Period for
year all persons qualified to vote as aforesaid may meet and elect electing vestry
four persons to serve as vestrymen, two to serve for a period of one
year and two for a period of two years; and of the persons so Appointment of elected, two shall be appointed as church wardens, one by the Churchwardens. vestry, and one by the rector. Poll to be held V. That within the same period in each year the clerk of the for election of
parish shall hold the poll for an election of vestrymen (due notice vestry.
thereof having been previously given), and the same shall be open from the hour of twelve to two o'clock of the afternoon; and at such election two persons may be elected in the room of the two
whose period of service shall then expire. Election of VI. That if any unqualified person shall be elected to serve as a unqualified vestryman, his election shall be void, and those qualified persons persons de
whose names shall have been placed on the roll (if any) who have clared void.
the greatest number of votes, shall be and they are hereby declared to be duly elected, notwithstanding that the votes polled for such persons shall be fewer in number than the votes polled for such
unqualified person as aforesaid. Quorum to VII. That two of the persons so chosen with the rector (if preform a vestry sent) shall be deemed a vestry; and in the absence of the rector meeting
three shall suffice; and any vacancy which may at any time occur Vacancies, by death, refusal to act, departure from these islands, or other how filled up.
cause, shall be filled up by the vestry at their next meeting. Reservation VIII. That the said vestries shall reserve out of the pews in and sale of
the church at Grand Cay, one pew for the officer administering the pews.
government, and one for the officers of Her Majesty's Army and Navy, also sufficient accommodation for the choir of the church, and also accommodation for any of Her Majesty's troops stationed at these islands; and in any other church or chapel within these islands there shall be reserved one pew for the rector or other officiating minister—and sufficient accommodation, not exceeding one-fourth of the entire number of pews in every such church or chapel for the use of the poor, and the remainder of such pews shall be sold by order of the vestry at public auction to the highest bidder for one year; and each purchaser of a pew shall be entitled to retain the same for three years at the original rate per annum. And all such sales of pews shall be held annually, in the first week in January in every year in some public place other than the church or chapel of the parish, notice of which shall be given at least one week previous to such sale: Provided however that nothing herein contained shall be construed to interfere with the right of any person or persons who may have purchased pews at
any former sale of the same. Pew rent IX. That all sums due for pew rents shall be paid annually in payable in advance, and if the rent for any pew shall be in arrear for four advance.
weeks, the amount may be sued for in the name of the vestry, and Arrears, how recovered from the person indebted for the same before any Court dealt with, of competent jurisdiction. Pew rents to X. That the moneys arising from the sale of pews shall be paid be paid into into the Public Treasury of these islands towards the support of the the Public Treasury.
government of these islands.
XI. That so often as may be requisite the said vestry shall lay