A.D. 1895. 21 Vict. No. 19. Rateable value of land used for silver, &c. Property Valuation. respects to the provisions contained in The Property Valuation Act for appeals against any insertion, addition, alteration, or amendment made in any Valuation Roll. 4 The "rateable value" or "annual value" of any land which is bona fide occupied or used for the purpose of obtaining therefrom any mining for gold, gold, silver, or other mineral or metal, or any earth, clay, quartz, or stone containing any gold, silver, or other mineral or metal, or having gold, silver, or other mineral or metal mixed therein, whether the same is Crown Land held under lease or licence or the property of a subject, shall not, for the purpose of any assessment, be deemed or taken to be inclusive of the value of any gold, silver, or other mineral or metal extracted or which may be reasonably expected to be extracted from such land, but the same shall be fixed and have relation only to the annual value of the land itself with the buildings thereon. 21 Vict. No. 19. 29 Vict. No. 8. Valuation Roll in Town Boards Districts. 1 Acts to be read together. This Section shall apply to all assessments made under The Property Valuation Act or The Rural Municipalities Act, 1865, or any Act amending the said Acts, or either of them. 5 The annual values of any buildings within any Town under "The Town Boards Act, 1891," may be the annual values of the same properties as shown by the Valuation Roll compiled under The Property Valuation Act for the District in which the Town is situate. 6 This Act and The Property Valuation Act, and every Act amending the same, save as altered or amended by this Act, shall be read and construed together as one and the same Act. WILLIAM GRAHAME, JUN., AN ACT to consolidate and amend the Laws A.D. 1895. relating to Marriage. [24 October, 1895.] WHEREAS it is expedient to consolidate and amend the Laws PREAMBLE. relating to Marriage: Be it therefore enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: 1 This Act may be cited as "The Marriage Act, 1895." Short title. 2 This Act shall come into operation and take effect on the First Commencement. day of January, 1896. 3 From and after the date upon which this Act comes into operation, Repeal of the Acts specified in the Schedule (1.) shall, to the extent therein former Acts. expressed, be and the same are hereby repealed. 4 Where before the commencement of this Act any offence has been Savings of rights wholly or partly committed against any of the Acts so repealed, or any and duties under penalty thereunder has been incurred, or any act or thing has been done repealed Acts. or registered, or rule, regulation, order, or appointment has been made under the authority of any such Act, or where any marriage has been declared valid under any such Act, or where in respect of any matter or thing done prior to the commencement of this Act any right, liability, privilege, or protection accrues or has accrued, or any action, suit, A.D. 1895. Interpretation. Registrar of 59 Vict. No. 9. Persons who may Names of Officiating Ministers and Churches to be registered without charge. Marriage. prosecution, or other proceeding has been commenced, every such offence shall be dealt with and punished, and every such penalty shall be recovered, and every such act, thing, rule, regulation, order, and appointment, and every such marriage, and every such right, liability, privilege, and protection shall continue and be in force; and every such action, suit, prosecution, or other proceeding shall be prosecuted, continued, or defended in the same manner as if such Acts were not repealed. 5 In this Act "Registrar-General" shall mean the Registrar-General for the 66 Colony for the time being appointed under "The_Registration of Births and Deaths Act, 1895," and any Deputy of the Registrar-General : Registrar" shall mean a Registrar of Marriages under this Act: "District" shall mean any Registration District as determined by or under "The Registration of Births and Deaths Act, 1895:" "Gazette" shall mean the Hobart Gazette. 6 Any person duly appointed a Registrar of Births and Deaths, or Deputy of any Registrar, under the provisions of "The Registration of Births and Deaths Act, 1895," shall, during the time he holds such office, be a Registrar of Marriages for the purposes of this Act. 7 The following persons and none other may celebrate marriages:1. Any Minister of Religion whose name, designation, and usual place of residence, together with the Church or other place of worship, if any, in which he officiates, is at the time of the celebration of the marriage duly registered in the Office of the Registrar-General in the manner hereinafter prescribed: 11. The Registrar-General of Marriages and all Registrars of Marriages as herein before mentioned. Provided, that no Officiating Minister shall be compelled to perform the marriage ceremony in cases where he may have conscientious objections to do so. 8 The Registrar-General shall register without fee or reward the names of any Minister of Religion, together with the Church or place of worship that may be communicated to him in the manner hereafter prescribed: I. 1. Any Minister of Religion whose name, designation, and usual place of residence, together with the Church or place of worship in which he officiates, if any, shall have been transmitted to the Registrar-General by the person or persons within Tasmania in whom ecclesiastical authority shall for the time being be vested or be reputed to be vested over any of the religious bodies enumerated in the Schedule (2.), or who is for the time being the head of any such religious bodies. All such communications shall be duly certified by the person or persons authorised to transmit the same. In default of any person having ecclesiastical authority as aforesaid, the name of such Minister and place of Marriage. worship may be certified under the hands of Two duly A.D. 1895. u. Any Minister of Religion not connected with any of the every year. 9 The several ecclesiastical authorities as aforesaid of the respective Correct lists to be religious bodies shall transmit to the Registrar-General in the month of transmitted in December in every year a correct list of their Officiating Ministers. Every Certificate under the hands of Office-bearers or signed by householders as aforesaid, shall be renewed and be transmitted to the Registrar-General in the month of December in every year. 10 Every list of Officiating Ministers and Certificate under the hands Lists to be in of Office-bearers or signed by householders as aforesaid, shall continue force for one year in force from the day on which the same is transmitted to the Registrar- only. General until the publication in the Gazette of the regular official list of Ministers after the succeeding December and no longer. names of 11 The person having ecclesiastical authority over the respective Ecclesiastical religious bodies as aforesaid shall, upon the suspension or deprivation of authorities to any Minister whose name shall have been transmitted to the Registrar- transmit the General in manner herein before mentioned, forthwith certify such Ministers and suspension or deprivation to the Registrar-General, who shall forthwith certify suspension make a minute of such suspension or deprivation in the list of Officiating or deprivation of Ministers hereinafter mentioned; and no such person shall be deemed any Ministers. an Officiating Minister until his name shall have been again transmitted to the Registrar-General in manner hereinbefore mentioned. 12 The Registrar-General shall file all such Certificates and lists and List of Ministers keep them with the records of his office; and shall also forthwith enter to be published in the Gazette. the names transmitted to him, as hereinbefore mentioned, in a book to be kept by him for the purpose, and called the "List of Officiating Ministers;" and shall from time to time alter and correct the said list as occasion shall require; and shall in the month of January in every year cause a copy of such list to be published in the Gazette. In the event of any additional names of Ministers being transmitted Addition of to him during any part of the year in the manner aforesaid, the names. Registrar-General shall cause such names to be entered in the said book and published in the Gazette; and thereupon such persons shall be deemed Officiating Ministers for the purposes of this Act. A.D. 1895. Cancellation of names. Evidence of the Marriage. 13 Whenever notice shall be given to the Registrar-General of the suspension or deprivation of any Minister whose name shall have been entered in the list of Officiating Ministers, the Registrar-General shall erase such name therefrom, and also cause a notification to be published in the Gazette that the name of such Minister is withdrawn from the list of Officiating Ministers; and such person shall from the date of such publication cease to be an Officiating Minister within the meaning of this Act. 14 The entry of the name of any Officiating Minister in the "List right of Officiating of Officiating Ministers," and the publication of the name of such Ministers to act. Minister in the Gazette shall be deemed and taken to be conclusive evidence of the right of such Officiating Minister to act as such from the date of the Certificate of the persons or person having ecclesiastical authority, or of the Office-bearers, or of the householders aforesaid respectively, as the case may be, transmitted to the Registrar-General in respect of such Officiating Minister upon which such entry and publication shall be made. Governor may make rules and appoint officers. Before marriage a Licence or Certificate must be obtained. Officiating Ministers may If by Certificate parties to give notice. 15 The Governor in Council may from time to time make rules and regulations, and alter and repeal the same, for more effectually carrying out the provisions of this Act; and may from time to time. appoint and remove officers for the purpose of celebrating marriages; and every such appointment and removal shall be notified in the Gazette, and shall take effect from the time prescribed in such notice. Celebration of Marriage. 16 Before any marriage can be celebrated the parties must either have obtained a Licence from an Officiating Minister, or the RegistrarGeneral, or some Registrar, or must have obtained a Certificate from the Registrar-General or some Registrar as hereinafter mentioned. 17-(1.) All Officiating Ministers shall have power to grant Licences for marriages under this Act, which Licences shall be in the form contained in the Schedule (3.) hereto. (2.) The Registrar-General and all Registrars within their respective districts shall have power to grant Licences for marriage under this Act, which Licences shall be in the form contained in the Schedule (3.) hereto; and for every such Licence such Registrar-General or Registrar shall receive from the party requiring the same the sum of Two Pounds. 18 In case it is desired to obtain a Certificate from the RegistrarGeneral or any Registrar, one of the parties shall under his or her hand give notice in the form in the Schedule (4.) heretc to the RegistrarGeneral or to the Registrar of the District, or, if the parties dwell in different Districts, they shall give the like notice to the Registrar of each District, as the case may be, and shall therein state the name and surname, and the profession and condition of each of the parties intending marriage, the dwelling-place of each of them, and the building or office or private house in which the marriage is to be celebrated. |