786

Hearing of the

case.

If a lunatic in

the Asylumbe property and

possessed of

his mainte

nance be not

may take possession.

Cap. 71.

Provincial Lunatic Asylum Toronto.

22 VICT. that the Father or Mother of the Lunatic is able to pay for his maintenance as aforesaid, or that such Guardian or Committee is able to pay for the same out of property in his possession belonging to such Lunatic, the Bursar shall be entitled to an order for the payment of the amount then due and the costs, and a Writ of Execution may issue thereon in like manner as upon a judgment of such Court for the amount. 16 V. c. 188, s. 9.

12. The Judge, after hearing the parties and their witnesses under oath, either orally or in writing by Affidavit, may make the order herein referred to, or, if he thinks fit, direct an issue to be made up and tried before a Jury previous to making such order. 16 V. c. 188, s. 9.

13. If any Lunatic upon or at any time after his admission into the Asylum, possesses or becomes possessed of or entitled to any real or personal property whereby the ex the sum due for penses of his maintenance in the Asylum can be paid, and he has no Guardian or Committee lawfully appointed to take paid, the Bursar the care or management of the same for the benefit of the Lunatic, then if any such demand as aforesaid for the sum due for the maintenance of the Lunatic in the Asylum be not paid on demand, or if there be no one of whom it can be demanded, and such property is, in the opinion of the Bursar, more than sufficient to maintain the family (if any) of such Lunatic, the Bursar may take possession of such property, or so much thereof as he thinks necessary to pay or to secure the payment of the sum due or to become due, for the support and maintenance of the Lunatic in the Asylum, and he shall have full power over and be competent to manage and appropriate, take or recover possession of, lease, mortgage, sell and convey all or any part of such property in the name of such Lunatic, or as his Committee under this Act, as fully and effectually to all intents and purposes as such Lunatic could or might do, if of full age and of sound and disposing mind. 16 V. c. 188, s. 10.

The Bursar to report to the

County Judge before sale.

The Bursar to

account for the

tics.

14. Before any sale and conveyance of any real property of such Lunatic, the Bursar shall report the case with the terms of the proposed sale to the County Judge of the County within which the property is situate for his approval, and such sale and conveyance so approved, shall be valid and binding upon the Lunatic and his heirs. 16 V. c. 188, s. 10.

15. The Bursar shall be liable to render an account as to effects of luna- the manner in which he has managed the property and effects of such Lunatic in the same way and subject to the same responsibilities as any Trustee, Guardian or Committee duly appointed for a similar purpose may be called upon to account. 16 V. c. 188, s. 10.

1859.

Provincial Lunatic Asylum, Toronto.

Cap. 71, 72.

787

to property.

16. In cases mentioned in the next three preceding sec- Inquisition in tions, if doubt or opposition arises as to the right of property, case of doubt as the Bursar or the person claiming the property, may apply to the Judge of the County Court in which such property may be, to cause an inquisition to be held before such County Judge and to try and determine the right of property, either by himself, or by a jury when required by either party, but not otherwise, and which such Judge shall accordingly do. 16 V. c. 188, s. 11.

certain a

17. The Governor may fix the salaries of the Medical Super- Governor to fix intendent not to exceed two thousand dollars and of the salaries within Bursar not to exceed one thousand two hundred dollars, and mounts. the same shall be payable out of any funds appropriated to the support of the said Asylum. 16 V. c. 188, s. 12.

18. The word "County" in this Act, shall include any Interpretation. Union of Counties for Municipal purposes; the word "Father" shall include any husband of the mother of a Lunatic, and the word "Mother" shall include any wife of the father of a Lunatic; provided, in either case, that the birth of such Lunatic be legitimate. 16 V. c. 188, s. 13.

TITLE 10.

DOMESTIC RELATIONS, RIGHTS AND REMEDIES.

CAP.

LXXII.

An Act respecting Marriages in Upper Canada.

ER Majesty, by and with the advice and consent of the
Legislative Council and Assembly of Canada, enacts as

follows:

of Canada, en

1. The Ministers and Clergymen of every church and reli- Ministers of gious denomination in Upper Canada, duly ordained or ap- tion may soany denominapointed according to the rites and ceremonies of the Churches lemnize mar or Denominations to which they respectively belong, and riage. resident in Upper Canada, may, by virtue of such ordination or appointment, and according to the rites and usages of such Churches or Denominations respectively, solemnize the ceremony of Marriage between any two persons not under a legal disqualification to contract such marriage. 20 V. c. 66, s. 1,— 11 G. 4, c. 36, s. 3.

2. But no Minister or Clergyman shall celebrate the ceremony No minister to of marriage between any two persons, unless duly authorized so solemnize mar

riage unless anthorized by license or alter

publication of

Bans.

No valid objection that it was

not in a church

or chapel, &c.

Ministers mar

certificate if

required.

to do by license under the hand and seal of the Governor, or, if not so authorized, then unless the intention of the two persons to intermarry be proclaimed openly and in an audible voice, in the Church, Chapel, Meeting-house or place of public worship of the Congregation or Religious Community with which the Minister or Clergyman is connected, on three several Sundays, immediately before the service begins or immediately after it ends, or at some intermediate part of the service, together with the number of such proclamation, as being the first, second or third time of asking. 38 G. 3, c. 4, s. 4,--11 G. 4, c. 36, s. 5.

3. It shall not be a valid objection to the legality of a marriage, that the same was not solemnized in a consecrated Church or Chapel, or within any particular hours. 33 G. 3, c. 5, s. 6.

4. Every Clergyman or Minister, who celebrates a marriage rying must give in Upper Canada, shall, if required at the time of the marriage by either of the parties thereto, give a certificate of the marriage under his hand, specifying the names of the persons married, the time of the marriage, and the names of two or more persons who witnessed it, and specifying also whether the marriage was solemnized pursuant to License or after publiFee for certification of bans; and the Clergyman or Minister may demand twenty-five cents for the certificate, from the person requiring it. 20 V. c. 66, s. 2.

cate.

Ministers to

To make a

yearly return to

5. Every Clergyman or Minister shall, immediately after he enter marriages has solemnized a marriage, enter in a book, to be kept by him for in a book, &c. the purpose, a true record of the marriage; and shall on or before the first day of February in every year, return a certified list the Registrar. of all marriages by him solemnized during the year ending on the thirty-first day of December next preceding, to the Registrar of the County in which the marriages have taken place, and shall, at the time of making the return, pay or transmit to the Registrar one dollar as his fee thereon. 20 V. c. 66, s. 3.

Form of record.

6. Such record and list shall respectively specify all the particulars, and the list shall be in the form following, namely:

RETURN

Registrar's fees for copies.

Minister's fees.

Parties may give what additional remu

7. On receipt by the Registrar of any such list, he shall file the same among the papers of his office, and record the same in a book to be kept by him for the purpose; and in case of the death or absence of the witnesses to a marriage, such register or a certified copy shall be sufficient evidence of the marriage, and the Registrar shall give a certified copy of a marriage record to any person demanding the same, on payment of fifty cents. 20 V. c. 66, s. 3.

8. Every Clergyman or Minister, before solemnizinga marriage, may demand from either of the parties thereto, the sum of two dollars, to enable him to pay the sum to be paid or transmitted by him to the Registrar, and to remunerate the Clergyman or Minister for the trouble and expense attendant on preparing and transmitting such certified list to the Registrar. 20 V. c. 66, s. 3.

9. But nothing in this Act shall prevent the payment to the Clergyman or Minister of any further remuneration the neration they parties choose to make. 20 V. c. 66, s. 3.

think fit.

In case of death or removal, Minister's suc

cessor to make

return to the Registrar.

Quakers' mar

valid.

10. In case of the death or removal of a Minister or Clergyman before making his annual return, his successor or any other person having the legal custody of the book referred to in the fifth section, shall return to the Registrar a certified copy of all marriages therein recorded, and the Registrar shall record the same as if the return had been made by the Minister or Clergyman who celebrated the marriages. 20 V. c. 66, s. 4.

11. Every marriage duly solemnized between members riages declared of the Religious Society of Friends, commonly called Quakers, according to the rites and usages thereof, shall be valid; and the duty imposed by this Act upon a Minister and Clergyman, shall, with regard to such marriage, be performed by the Clerk or Secretary of the Society or of the Meeting at which the marriage is solemnized. 20 V. c. 66, s. 7.

Fines for neglecting to return certified

list.

Clerks of the
Peace to fur-

nish books and

printed forms

at the expense

of the County.

12. Every Clergyman, Minister, Clerk, Secretary or other person, who in any year refuses or neglects to return the certified list required of him by this Act, on or before the first day of February, shall forfeit for every day's delay after that day, the sum of four dollars, which sum shall be recoverable with costs before any Magistrate of the County in which the person resides, and shall be applied according to law. 20 V. c. 66, s. 37.

13. The Clerk of the Peace of every County shall, at the expense of the County, from time to time on demand, furnish all Clergymen or Ministers and others in the County required by this Act to make returns, with the books to be kept, and with printed blank forms for the lists to be returned; and such books shall have columns and headings printed on every page according to the form given in the sixth section; and the

books