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UF00076995_00004_pdf.txt

TRINIDAD AND TOBAGO
REVISED ORDINANCES, 1950

PREPARED UNDER TUR AUTHORITY OF
THE LAW REVISION ORDINANCE

Ch. tl. Now 7,
BY
ELLIOT FRANCIS MAINGOT
CROWN SOLICITOR TRINIDAD AND TORAQO

Tuts EDITION CONTAINS THE ORDINANCES OF THE COLONY

IN FORCE THE 3lsT DAY oF DECEMBER, 1950,

EXCLUSIVE OF THOSE RESERVED BY ORDINANCE No. 23 oF
1949 AND BY SUBSEQUENT PROCLAMATIONS,

VOL. IV.

Price per set of 10 Volumes——£25 or $120.00 British Caribbean Currency

PRINTED BY
Oo. F. ROWORTIL LTD., 88, FETTER LANE, LONDON, £.c.4,.
1951.

[Appointed by the Government of the Colony of Trinidad and Tobago the Government Printers
of thie Edition within the meaning of the Kvidence (Colonial Statutes) Act, 1907.]

To be purchased from the Government Printer, Port-of-Spain, and from the Crown Agenta
for the Colonies, 4, Millbank, London, S.W.1.



Ls |) OF "Loripg
VOL.No. cay y
EEG

PRINTED IN GREAT BRITAIN BY
Cc. F. ROWORTH LTD., 88 FETTER LANE, LONDON, E.C.4.



Z
°

SN TMAWHE

PON THFrYOnE

~—

CONTENTS.

VOLUME IV.

CHAPTER 29.

STATUS.

VOL. IV. PAGE
BIRTHS AND DEATHS REGISTRATION 2
MARRIAGE 26
DECEASED WIFE’s SISTER’S MARRIAGE 52
Mus_im MARRIAGE AND DIvoRCE REGISTRATION 54
Hinpu MARRIAGE 69
REGISTERS OF BIRTHS, DEATHS AND MARRIAGES 84
ADOPTION OF CHILDREN 88
CENSUS 102

CHAPTER 30.

CONTROL OF VARIOUS MATTERS.

ADVERTISEMENTS REGULATION 110
FACTORIES 113
GAS CYLINDERS (USE, CONVEYANCE AND STORAGE) 183
EXPLOSIVES 189
FIREARMS AND AMMUNITION 214
Foop AND FUEL CONTROL 226
OLD METAL AND MARINE STORES 230
NEWSPAPERS 235
THEATRES AND Dance HALLS 242
CINEMATOGRAPH 246
CINEMATOGRAPH ENTERTAINMENTS (MAXIMUM CHARGES) 268
Boxinc CONTROL 270

STREET COLLECTIONS (CONTROL)... we wee ... 284



V1

15.
16.

7

18.
19.
20.
21,

—

SF we Iv

we

Q,
10.
11.
12.
13.
14.

15.
lo.
17.
18.
19.

CHAPTER 30-—CONTROL OF VARIOU.
No.
14.

Contents.

LICENSING Dr, crs (PrREctovu METALS
STONES)

Evectric INSTALLATIONS (BUILDINGS)

ELECTRICITY (INSPECTION)

SLEEPING ACCOMMODATION (CONTROL OF CITARGES)

SERVICES (CHARGES CONTROL)
LiIMEOI. (CONTROL OF MANUFACTURE)

Motios PictvRE FieMs (CARRIAGE AXD STORAGE)

Poot BETTING

CHAPTER 31.

TRADE AND COMMIERCE.

COMPANIE,

PARTNERSHIP

REGISTRATION OF BUSINESS NAMES
MERCANTILE LAW

BILLs IEXCHANGE

BILLs oF LADING

CARRIAGE OF Goops BY SE:

BILLs SALE

SALE OF GOODS

AUCTIONEERS

MONEYLENDERS

PAWNBROKERS

RURAL PEDLARS

SHops (Hours OF OPENING AND EMPLOYMENT)
WEIGHTS AND MEASURES

COPYRIGHT

MERCHANDISE MARKS

PATENTS, DESIGNS AND TRADE MARKS
ASSURANCE COMPANIES

MATTERS—- continued.
VOL.

PAGE

288
293
301
311
314
324
326
331

338
726
741
752
756
796
798
806
814
837
843
861
882
880
901
921
926
936



T.—IV.

TRINIDAD axp TOBAGO.

Revised Ordinances, 1950.

CHAPTER 29.
STATUS.

. L.-—BiIrtTHS AND DEATHS REGISTRATION.

. 2. — MARRIAGE.

. 3. DECEASED WIFE’S SISTER’S MARRIAGE.
J+. Mustim MARRIAGE AND DIVORCE

REGISTRATION.

.5. Hindu MARRIAGE.
.6.—REGISTERS OF BIRTHS, DEATHS AND

MAW RIAGES.

. 7.—ADOPTION OF CHILDREN,
. 8.-—CENSUS.



2 Ch. 29. No.1.) Births and Deaths Registration.

CHAPTER 29. No. 1.
BIRTHS AND DEATHS REGISTRATION,

Ordinances AN ORDINANCE RELATING TO THE REGISTRATION OF BIRTHS

Ch.29. No.1-
1940. ° AND DEATHS.

No. 38-1947.

Commence- 16th December, 1847.)
ment.
Short title. 1. This Ordinance may be cited as the Births and Deaths

Registration Ordinance.

Interpre- 2. In this Ordinance—

sation. Public Institution means a Prison, Industrial
School, Orphanage, Asylum, Hospital, and any pres-
cribed Public or Charitable Institution;
“house includes a Public Institution as above
defined ,
occupier ’”’ includes the Keeper, Master, Matron,
Superintendent, or other Chief Resident Officer of every
Public Institution, also the owner and the manager of
every estate and plantation in the Colony; and where
a house is let in separate apartments or lodgings
includes any person residing in such house who is the
person under whom such lodgings or separate apart-
ments are immediately held, or his agent ;

“relative ” includes a relative by marriage;
appointed fee’’ means the fee specified in the
Second Schedule to this Ordinance.

Definition of 3. Where reference is made in this Ordinance to a Regis-
and Super- t¥ar or Superintendent Registrar in connection with any
intendent = hirth or death, or any register, such reference shall (unless

Registrar. the contrary be expressed) be deemed to be made to the



Births and Deaths Registration. [Ch. 29. No.1.



Registrar who is the Registrar for the district in which such
birth or death took place or who keeps the register in which
the birth or death is or is required to be registered, or who
keeps the register referred to, and to the Superintendent
Registrar who superintends such Registrar as aforesaid.

4. The Registrar General shall keep at his office in Port-of-
Spain a general register of births and deaths in the Colony.

5. The Registrar General shall send, once in every year,
to the Governor a general abstract of the numbers of births
and deaths registered during the twelve months ending on
the last day of December then immediately preceding, in
such form as the Governor from time to time may require;
and every such annual general abstract shall be laid before
the Legislative Council.

Superintendent Registrars and Registrars.

6. The Governor shall appoint such person as he shall see
fit as Superintendent Registrar of births and deaths within
the City of Port-of-Spain, and such other person as he shall
see fit as Superintendent Registrar of births and deaths
within the town of San Fernando.

7. (1) Each Warden, within the district of which he is
Warden, shall be the Superintendent Registrar of births and
deaths.

(2) All the powers and duties conferred and imposed on
a Warden under this Ordinance may be exercised and per-
formed by an Assistant Warden.

(3) All fees received by Wardens and Assistant
Wardens under this Ordinance shall be paid into the
Treasury for the use of the Colony.

8. It shall be lawful for each such Superintendent
Registrar, with the approval of the Registrar General, to
divide the city, town, county, or ward, of or for which he
shall be Superintendent, into such and so many districts as
he shall think fit; and from time to time, with such approval
as aforesaid, to alter and vary the number of such districts;

: 1 (2)

Gencral
register.

Annual
abstract of
registers to
be sent to
Governor.

Super-
intendent
Registrars
for Port-of
Spain and
San
Fernando,

fVardens and
Assistant
Wardens.

Districts.



District
Registrars,

Deputy
Registrars,

Keister
boxes.

Transfer of
books, etc.,
on removal

of Registrar.

Ch. 29. No.1.| Births and Deaths Registration,

and every such district shall be called by a distinct name,
and shall be a Registrar’s district, and the Superintendent
Registrar shall appoint a person with such qualifications as
the Registrar General may, by any general rule, declare to
be necessary to be Registrar of births and deaths within
each district, and in every case of vacancy in the office of
Registrar shall forthwith fill up the vacancy; and every
such Registrar shall hold his office during the pleasure of
the Registrar General.

9. For every district for which a Registrar of births and
deaths shall be appointed as aforesaid, the Registrar shall
have power, subject to the approval of the Superintendent
Registrar, to appoint by writing under his hand a fit person
to act as his Deputy im case of the illness or unavoidable
absence of such Registrar; and every such Deputy Regis-
trar, whilst so acting, shall have all the powers and duties,
and be subject to all the provisions and penalties herein
declared. concerning Registrars, and in case of the death of
the Registrar shall act as Registrar until another Registrar
is appointed, and every Registrar shall be civilly responsible
for the acts or omissions of his deputy.

10. The Registrar General shall furnish to every Super-
intendent Registrar, for the use of the Registrars under his
superintendence, a sufficient number of strong iron boxes
to hold the register books to be kept by such Registrars;
and every such box shall be furnished with a lock and two
key. and no more, and one of such keys shall be kept by the
Registrar, and the other key shall be kept by the Superin-
tendent Registrar, and the register books of cach district,
while in the custody of the Registrar and not in use, shall
be alway kept in the register box, and the register box
shall always be kept locked.

11. In every case in which any Registrar or Superin-
tendent Registrar shall be removed from or cease to hold
office, all register boxes, keys, books, documents, and papers
in his possession as such Registrar or Superintendent
Registrar shall be given up as soon as conveniently may be
to his successor in office; and if any person shall refuse to
give up any such box, key, books, documents, or papers in



Births and Deaths Registration. |Ch.29. No. 1.



such case as aforesaid it shall be lawful for any Justice for
the district where such person shall be or reside, upon
application for that purpose, to issue a warrant under his
hand for bringing such person before the Magistrate of the
district; and upon such person appearing, or not being
found, it shall be lawful for such Magistrate to hear and
determine the matter in a summary way; and if it shall
appear to the Magistrate that anv such box, key, books,
documents, or papers are in the custody or power of any
such person, and that he has refused or wilfully neglected
to deliver the same, the Magistrate shall commit such
offender to prison, there to remain without bail until he
shall have delivered up the same, or until satisfaction shall
have been given in respect thereof to the person in whose
custody the same ought to be; and the Magistrate may grant
a warrant to search for such box, key, books, documents,
or papers, as in the case of stolen goods, in anv dwelling-
house or other premises in which any credible witness shall
prove upon oath that there is reasonable cause to suspect
the same to be, and the same when found shall be delivered
to the person in whose custody they ought to be.

12. Every Registrar and Deputy Registrar shall dwell
within the district of which he is Registrar or Deputy
Registrar, and shall cause his name, with the addition of
Registrar or Deputy Registrar (as the case may be) for the
district for which he shall be so appointed, to be placed in
some conspicuous place on or near the outer door of his own
dwelling-house, and the Superintendent Registrar shall cause
to be printed and published in the city, town, county, or
ward which he shall superintend, a list of ‘the names and
places of abode of everv Registrar and Deputy Registrar
under his superintendence.

13. The Registrar General shall cause to be printed a
sufficient number of register books for making entries of all
births and deaths in the Colony, according to the forms A
and B of the First Schedule hereto; and such register books
shall be of durable materials, and in them shall be printed
upon each side of every leaf the heads of information by this
Ordinance required to be known and registered, of births
and deaths respectively; and every page of each of such

Registrar to
reside within
the district.

Register
books.
Virst
Schedule.
Forms A
and B,



Registrars
to inform
themselves
of all births
and deaths.

Information
concerning
birth to be
given to
Registrar
within

42 days.

Requisition
by Registrar
of informa-
tion after

42 days.

Ch. 29. No. 1.] Births and Deaths Registration.

books shall be numbered progressively from the beginning to
the end, beginning with number one; and every place of
entry shall be also numbered progressively from the begin-
ning to the end of the book, beginning with number one;
and every entry shall be divided from the following entry
by a printed line.

14. Every Registrar shall be authorised, and is hereby
required, to inform himself carefully of every birth and
every death which shall happen in his district, and to learn
and register, as soon after the event as conveniently may be
done, in one of the said books, the particulars required to
be registered according to the said forms A and B res-
pectively, touching every such birth or every such death, as
the case may be, which shall not have been already regis-
tered, every such entry being made in order from the
beginning to the end of the book.

Registration of births.

15. In the case of every child born alive, it shall be the
duty of the father and mother of the child, and in default
of the father and mother, of the occupier of the house or
tenement in which, or the person in charge of the plantation
or estate on which, the child is born, and of each person
present at the birth, and of the person having charge of the
child, to give to the Registrar, within forty-two days next
after such birth, information of the particulars required to
be registered concerning such birth, and in the presence of
the Registrar to sign the register.

16. Where a birth has, from the default of the parents or
other persons required to give information concerning it, not
been duly registered, the Registrar may, at any time after
the end of forty-two days from such birth, by notice in
writing, require any of the persons required by this Ordin-
ance to give information concerning such birth to attend
personally at the Registrar’s office, or at any other place
appointed by the Registrar within his district, within such
time (not less than seven days after the receipt of such
notice, and not more than three months from the date of the
birth) as may be specified in such notice, and to give
information, to the best of such person’s knowledge and



Births and Deaths Registration. [Ch.29. No.1.



belief, of the particulars required to be registered concerning
such birth, and to sign the register in the presence of the
Registrar; and it shall be the duty of such person, unless
the birth is registered before the expiration of the time
specified in such requisition, to comply with such requisi-
tion.

17. In case any living new-born child is found exposed, it
shall be the duty of any person finding such child, and of any
person in whose charge such child may be placed, to give, to
the best of his knowledge and belief, to the Registrar, within
seven days after the finding of such child, such information
of the particulars required to be registered concerning the
birth of such child as the informant possesses, and in the
presence of the Registrar to sign the register.

18. (1) After the expiration of three months next after
the birth of any child, a Registrar shall not register such
birth except as in this section provided; that is to say, in
case the birth of any child has not been registered as
hereinbefore required, the Registrar may, after three, and
not later than twelve, months next after the birth, by notice
in writing, require any of the persons required by this
Ordinance to give information concerning the birth to
attend personally at the Superintendent Registrar’s office,
within such time (not less than seven days after the receipt
of the notice, and not more than twelve months after the
date of the birth) as may be specified in the notice, and make
before the Superintendent Registrar a solemn declaration,
according to the best of the declarant’s knowledge and
belief, of the particulars required to be registered concerning
the birth, and sign the register in the presence of the
Registrar and Superintendent Registrar; and upon any
of the said persons attending before a Registrar and
Superintendent Registrar, whether in pursuance of a
requisition or not, and making such a declaration as
aforesaid, and giving information concerning the birth, the
Registrar shall then and there, in the presence of such
Superintendent Registrar, register the birth according to
the information of the declarant, and the Superintendent
Registrar before whom the declaration is made shall,Â¥as

Information
respecting
finding of
new-born
child to be
given to
Registrar.

Registry
after expira-
tion of three
months from
birth.



Registry
after twelve
months from
Iirth., ©

Registry of
birth out of
district in
case of
Temoval.

Saving for
father of
iNegitimate
child.

Ch. 29. No.1.) Births and Deaths Registration,





well as the Registrar and declarant, sign the entry of the
birth.

(2) After the expiration of twelve months next
after the birth of any child, that birth shall not be registered
except with the written authority of the Registrar General
for registering the same, and except in accordance with the
prescribed rules, and the fact of such authority having
been given shall be entered in the register.

(3) Every person who registers or causes to be
registered the birth of any child in contravention of this
section shall be able to a fine of ninety-six dollars.

19. (1) Any person required by this Ordinance to give
information concerning a birth, who removes before such
birth is registered out of the district in which such birth has
taken place, may, within three months after such birth,
give the information by making and signing in the presence
of the Registrar of the district in which he resides a
declaration in writing of the particulars required to be
registered concerning such birth; and such Registrar, on
payment of the appointed fee, shall receive and attest the
declaration and send the same to the Registrar of the
district in which the birth took place; and the last
mentioned Registrar shall, in the prescribed manner, enter
the birth in the register; ; and the entry so made shall be
deemed, for the purposes of this Ordinance, to have been
signed by the person who signed the declaration.

(2) A person making a declaration in pursuance of
this section in the case of any birth shall be deemed to have
complied with the provisions of this Ordinance as to giving
information concerning that birth, and with any requisition
of the Registrar made under this Ordinance within the said
three months to attend and give information concerning
that birth.

20. In the case of an illegitimate child, no person shall, as
father of such child, be required to give information under
this Ordinance concerning the birth of such child, and the
Registrar shall not enter in the register the name of any
person as father of such child, unless at the joint request
of the mother and of the person acknowledging himself to be



Births and Deaths Registration. (Ch. 29. No. 1.

the father of such child, and such person shall in such case
sign the register, together with the mother.

21. (1) When the birth of any child has been registered
and the name, if anv, by which it was registered is altered,
or if it was registered without a name, when a name is
given to it, the parent or guardian of such child, or other
person procuring such name to ‘be altered or given, may,
within twelve months next after the registration of the
birth, deliver to the Registrar or Superintendent Registrar
such certificate as hereinatter mentioned, and the Registrar
cr Superintendent Registrar, upon the receipt of that
cettificate, and on payment of the appointed fee, shall,
without any erasure of the original entry, forthwith enter
in the register book the name mentioned in the certificate
as having been given to the child, and, having stated upon
the certificate the fact of such entry having been made,
shall forthwith send the certificate to the Registrar General,
together with a certified copy of the entry of the birth
with the name so added.

(2) The certificate shall be according to form F or
form G in the First Schedule, or as near thereto as circum-
stances admit, and shall be signed by the minister or person
who performed the rite of baptism upon which the name was
given or altered, or, if the child is not baptized, shall be
signed by the father, mother, or guardian of the child, or
other person procuring the name of the child to be given
or altered.

(3) Every minister or person who performs the rite
of baptism shall deliver the certificate required by this
section on demand, on payment of a fee of twenty-four cents.

22. (1) Every Registrar, immediately upon registering
anv birth, shall without fee or reward deliver to the person
Tegistering such birth a certificate under his hand according
to form H in the First Schedule, and such certificate shall be
delivered by the parent or guardian of such child, or other
person registering the birth of such child, to the minister or
person who shall be required to perform and who shall
perform the rite of baptism, and if any child shall be
baptized for which no such certificate shall have been so
delivered, the minister or person who shall perform the

legistration
of name of
child or of
alteration of
mame.

Forms I
and G.

Registrar to
give certifi-
cate of birth
to informant
who shall
deliver same
to minister.

Form H.



10

Registry of
deaths.

[nformation
where death
occurs in
house.

Information
where death
does not
occur in
house.

Ch. 29. No. 1.! Births and Deaths Registration.







rite of baptism shall forthwith give notice thereof to the
Registrar.

(2) Every minister or person who performs the rite
of baptism for which no certificate shall have been duly made
and delivered as aforesaid, and who shall not, within fourteen
days, give notice thereof to the Registrar, shall be liable toa
fine of twenty-four dollars.

Registration of deaths.

23. The death of every person dying in the Colony, and
the cause of such death, shall be registered by the Registrar
in the manner directed by this Ordinance.

24. When a person dies in a house, it shall be the duty of
the nearest relatives of the deceased present at the death,
or in attendance during the last illness of the deceased, and
in default of such relatives, of every other relative of the
deceased dwelling or being in the same district as the
deceased, and in default of such relatives, of each person
present at the death, and of the occupier of the house in
which, to his knowledge, the death took place, and in
default of the persons hereinbefore in this section mentioned,
of each inmate of such house, and of the person causing the
body of the deceased person to be buried, to give, to the
best of his knowledge and belief, to the Registrar, within
the five days next following the day of such death,
information of the particulars required to be registered
concerning such death, and in the presence of the Registrar
to sign the register

25. Where a person dies in a place which is not a house,
or a dead body is found elsewhere than in a house, it shall
be the duty of every relative of such deceased person having
knowledge of any of the particulars required to be registered
concerning the death, and in default of such relative, of
every person present at the death, and of any person finding,
and of any person taking charge of the body, and of the
person causing the body to be buried, to give to the
Registrar, within the five days next after the death or the
finding, such information of the particulars required to be



Births and Deaths Registration. [Ch. 29. No. 1.



registered concerning the death as the informant possesses,
and in the presence of the Registrar to sign the register.

26. If a person required to give information concerning
any death sends to the Registrar a written notice of the
occurrence of the death, accompanied by such medical
certificate of the cause of the death as is required by this
Ordinance to be delivered to a Registrar, the information
of the particulars required by this Ordinance to be registered
concerning the death need not be given within the said
five days, but shall, notwithstanding such notice, be given
within ten days next after the day of the death by the person
giving such notice or some other person required by this
Ordinance to give the information.

27. Where any death has, from the default of the person
required to give information concerning it, not been
registered, the Registrar may, at any time after the expira-
tion of ten days and within twelve months from the day of
such death or from the finding of the dead body elsewhere
than in a house, by notice in wniting, require any person
required by this Ordinance to give information concerning
such death to attend personally at the Registrar’s office,
or at any other place appointed by the Registrar within his
district, within such time (not less than seven days after
the receipt of the notice, nor more than twelve months
after the death or finding of the dead body) as may be
specified in the notice, and to give the said information to
the best of the informant’s knowledge and belief, and to
sign the register in the presence of the Registrar; and it shall
be the duty of such person, unless the death is registered
before the expiration of the time specified in the requisition,
to comply with the requisition.

28. (1) After the expiration of twelve months next after
any death, or after the finding of the dead body elsewhere
than in a house, that death shall not be registered except
with the written authority of the Registrar General for
registering the same, and except in accordance with the
prescribed rules, and the fact of such authority having
been given shall be entered in the register.

11

Notice pre-
liminary to
information.

Requisition
by Registrar
of informa-
tion concern-
ing deaths
from quali-
fied infor-
mant,

Death not to
be registered
after twelve
months.



12

Information
by Coroner.

Coroner's

order and
Registrar's
certificate
Jor burial.

Ch. 29. No.1.) Births and Deaths Registration.





(2) Every person who registers or causes to be
registered any death in contravention of this section shall be
liable to a fine of ninety-six dollars.

29. (1) Where an inquest is held on any dead body, the
Coroner shall enquire of the particulars required to be
registered concerning the death, and the Coroner shall send
to the Registrar, within five days after his finding on such
inquest, a certificate under his hand giving information
concerning the death and specifying his finding with
respect to the said particulars, and to the cause of death,
and specifying the time and place at which the inquest was
held, and the Registrar shall, in the prescribed form and
manner, enter the death and particulars. If the death has
been previously registered, the said particulars shall be
entered in the prescribed manner without any alteration
of the original entry

(2) Where an inquest is held on any dead body, no
person shall, with respect to such dead body or death, be
liable to attend upon a requisition of a Registrar, or be
subject to any penalty for failing to give information in
pursuance of any other provision of this Ordinance.

Burtals,

30. (1) A Coroner, upon holding an inquest upon any
body, may, if he thinks fit, by order under his hand,
authorise the body to be buried before registry of the death,
and shall give such order to the relative of the deceased or
or other person who causes the body to be buried, or to the
undertaker or other person having charge of the funeral;
and except upon holding an inquest, no order, warrant,
or other document for the burial of any body shall be
given by the Coroner.

(2) The Registrar, upon registering any death or upon
receiving a written notice of the occurrence of a death,
accompanied by a medical certificate as is before provided
bv this Ordinance, shall forthwith, or as soon after as he is
required, give, without fee or reward, either to the person
giving information concerning the death or sending the
notice, or to the undertaker or other person having charge
of the funeral of the deceased, a certificate under his hand



Births and Deaths Registration. (Ch. 29. No. 1.



that he has registered or received notice of the death, as
the case may be.

(3) Every such order of the Coroner and certificate
of the Registrar shall be delivered to the person who buries
or performs any funeral or religious service for the burial
of the body of the deceased; and any person to whom such
order or certificate was given by the Coroner or Registrar
who fails so to deliver or cause to be delivered the same shall
be liable to a fine of ten dollars.

(4) The person who buries or performs any funeral or
religious service for the burial of any dead body, as to which
no order or certificate under this section is delivered to him,
shall, within seven days after the burial, give notice thereof
in writing to the Registrar, and if he fail so to do shall be
liable to a fine of forty-eight dollars.

31. (1) A person shall not wilfully bury or procure to be
buried the body of any deceased child as if it were still-
born.

(2) A person who has control over or ordinarily burice.
bodies in any burial ground shall not permit to be buried in
such burial ground the body of any deceased child as if it
were still-born, and shall not permit to be buried or bury in
such burial ground any still-born child before there is
delivered to him cither—

(a) a written certificate that such child was not born
alive, signed by a registered medical practitioner who
was in attendance at the birth or has examined the
body of such child; or

(6) a declaration signed by some person who would,
if the child had been born alive, have been required by
this Ordinance to give information concerning the
birth, to the effect that no registered medical practi-
tioner was present at the birth, or that his certificate
cannot be obtained, and that the child was not born
alive; or

(c) if there has been an inquest, an order of the
Coroner.

(3) Any person who acts in contravention of this
section shall be liable to a fine of forty-eight dollars,

13

Burial of
deceasecl
children as
still-born,



14

Regulations
as to certi-
ficates of

cause of
death.

Ch. 29. No.1.] Births and Deaths Registration.

Certificates of cause of death.

32. With respect to certificates of the cause of death, the
following provisions shall have effect ,—

(a) the Registrar General shall from time to time
furnish to every Registrar printed forms of certificates
of cause of death by registered medical practitioners,
and every Registrar shall furnish such forms gratis to
any registered medical practitioner residing or prac-
tising in such Registrar’s district ;

(b) in case of the death of any person who has been
attended during his last ness by a registered medical
practitioner, that practitioner shall sign and give to
some person required by this Ordinance to give infor-
mation concerning the death a certificate stating to the
best of his knowledge and belief the cause of death,
and such person shall, upon giving information con-
cerning the death, or giving notice of the death, deliver
that certificate to the Registrar, and the cause of death
as stated in that certificate shall be entered in the
register, together with the name of the certifying
medical practitioner ;

(c) in case of the death of any person who had not
the services of a medical practitioner, or who had not
been attended by a medical practitioner during his last
illness, the Registrar General, a Justicc, Superintendent
Registrar, District Registrar, Minister of Religion, or
any gazetted police officer, or subordinate police
officer, may summon the nearest medical practitioner
to view the dead body and to certify on such view, and
according to the symptoms described to him by those
who attended to the deceased person, what he conceives
to be the cause of death; such medical practitioner
shall be entitled to receive a fee for such certificate on
such scale as may be prescribed by the Governor in
Council. The medical practitioner’s certificate shall be
given to some person required by this Ordinance to
give information concerning the death, and such
person shall deliver such certificate to the Registrar,
and the cause of death as stated in that certificate shall
be entered in the register together with the name of the
certifying medical practitioner;

(2) where an inquest is held on the body of any



Births and Deaths Registration. [Ch.29. No. 1.



deceased person, a medical certificate of the cause of
death need not be given to the Registrar, but the
certificate of the finding of the Coroner shall be
sufficient ;

(ec) where by reason of inability to obtain the services
of a medical practitioner to view a dead body and to
certify as in this section required, the Warden, Police
or Ward Officer, Schoolmaster or other of the func-
tionaries mentioned in this section may issue a certifi-
cate for the burial of such deceased person;

(f) if any person to whom a medical certificate is
given by a registered medical practitioner in pursuance
of this section fails to deliver that certificate to the
Registrar, he shall be liable to a fine of ten dollars.

33. Every Superintendent Registrar and Registrar res-
pectively shall be entitled to the fees specified in the Second
Schedule hereto, and every such fce shall be paid to him by
the persons and on the occasions pointed out in such
Schedule and may be recovered as a debt due to him, and,
subject to the prescribed rules, he may refuse to comply
with any application voluntarily made to him until the fee
is paid.

34. (1) Every Registrar, when and as required by the
Director of Medical Services for the purposes of the Board
of Health, shall transmit by post or otherwise a return,
certified under the hand of such Registrar to be a true
return, of such of the particulars registered by him con-
cerning any death as may be specified in the requisition of
the Director of Medical Services.

(2) The Director of Medical Services may supply a
form of the prescribed character for the purposes of the
return, and in that case the return shall be made in the form
so supplied.

Correction of errors.

35. With regard to the correction of errors in registers of

births and deaths, the following provisions shall have
effect —

(a) no alteration in any such register shall be made
except as authorised by this Ordinance;

15

Fees.

Second
Schedule.

Returns of
Registrars to
Director of
Medical
Services.

Correction of
errors in
registers.



16

Register
when not
evidence,

Ch. 29. No.1.) Births and Deaths Regtstration.

(6) any clerical error which may from time to time be
discovered in any such register may be corrected by any
person authorised in that behalf by the Registrar
Gencral, subject to the prescribed rules;

(c) an error of fact or substance in any such register

may be corrected by entry in the margin (without anv
alteration of the original entry) by the officer having the
custody of the register, upon payment of the appointed
fee and upon production to him by the person requiring
such error to be corrected of a statutory declaration
setting forth the nature of the error and the true facts
of the case, and made by two persons requiring by this
Ordinance to give information concerning the birth or
death with reference to which the error has been made,
or in default of such persons then by two eredible
persons having knowledge of the truth of the case;

(d@) where an error of fact or substance (other than
an error relating to the cause of death) occurs in the
information given by a Coroner’s certificate concerning
a dead body upon which he has held an inquest, the
Coroner, if satisfied by evidence on oath or statutory
declaration that such error exists, may certify under
his hand to the officer having the custody of the
register in which such informi iion is entered the nature
of the error and the true facts of the case as ascertained
bv him on such evidence, and the error may thereupon
be corrected by such officer in the register by entering
in the margin (without any alteration of the original
entry) the facts as so certified by the Coroner.

Miscellaneous

36. (1) Anentry or certified copy of an entry of a birth or
death in a register or in a certified copy of such a register,
shall not be evidence of such birth or death, unless such
entry cither purports to be signed by some person professing
to be the informant and to be such a person as is required
by law at the date of such entry to give to the Registrar
information concerning such birth or death, or purports
to be made upon a certificate from a Coroner.

(2) When more than three months have intervened
between the day of the birth and the day of the registration



Births and Deaths Registration. [Ch.29. No. 1.



of the birth of any child, the entry or certified copy of the
entry of the birth of such child in a register or in a certified
copy of such a register, shall not be evidence of such birth,
unless such entry purports --

(a) if it appear that not more than twelve months
have so intervened, to be signed by the Superintendent
Registrar as well as by the Registrar; or

(b) if more than twelve months have so intervened,
to have been made with the authority of the Registrar
General, and in accordance with the prescribed rules.

(3) Where more than twelve months have intervened
between the day of a death or the finding of a dead body and
the day of the registration of the death or the finding of such
body, the entry or certified copy of the entry of the death in
a register or in a certified copy of such register, shall not be
evidence of such death, unless such entry purports to have
been made with the authority of the Registrar General, and
in accordance with the prescribed rules.

37. Every person required to give information concerning
any birth or death, or any living new-born child, or any dead
body, who wilfully refuses to answer any question put to htm
by the Registrar relating to the particulars required to be
registered concerning such birth or death, or fails to comply
with any requisition of the Registrar made in pursuance of
this Ordinance, and every person who refuses or fails with-
out reasonable excuse to give or send any certificate in
accordance with the provisions of this Ordinance, shall be
liable to a fine of ten dollars for each offence; and the
parent of any child who fails to give information concerning
the birth of such child, as required by this Ordinance, shall
be liable to a like fine; and a person required by this
Ordinance to give information concerning a death in the
first instance, and not merely in default of some other
person, shall, if such information as is required by this
Ordinance is not duly given, be liable to the same fine.

38. Any person who forges or falsifies any certificate or
declaration or order under this Ordinance, or, knowing any
such certificate, declaration, or order to be false or forged,
uses the same as true, or gives or sends the same as true to

T.—IV, 2

17

Penalty for
not giving
information.

Offences.



18

Sending
certificates
etc., by post.

Particular.
to be
registered
concerning
birth or
death.

Certified
copies of
registers to
be sent
quarterly,
and register
books when
filled, to
Supt.
Registrar.
Form C.

Ch. 29. No. 1.] Births and Deaths Registration.

any person, shall for each offence be liable, on summary
conviction, to a fine of forty-eight dollars, and, on convic-
tion on indictment, to a fine, or to imprisonment for two
years.

39. All notices, informations, declarations, certificates,
requisitions, returns, and other documents required or
authorised by this Ordinance to be delivered, sent, or given
to the Registrar General, a Superintendent Registrar, or a
Registrar, or by a Registrar to a person who is required to
give information concerning any birth or death, or who gives
notice of any death, may be sent by post, and the date at
which they would be delivered to the person to whom they
are sent in the ordinary course of post shall be deemed to be
the date at which they are received; and in proving such
sending, it shall be sufficient to prove that the letter was
properly addressed and put into the post.

40. The particulars required to be registered concerning a
birth or death shall be the particulars specified in forms A
and B respectively of the First Schedule, or as altered in
pursuance of this Ordinance.

41. Every Registrar shall make out an account four times
in every year of the number of births and deaths which he
shall have registered since the last quarterly account, and
the Superintendent Registrar shall verify and sign the same,
and the Accountant General shall pay to such Registrar, on
the certificate of the Registrar General, an allowance accord-
ing to the following scale; that is to say, for the first ten
entries of births and deaths in every year which he shall
have registered, whether the same be of births or deaths
indiscriminately, sixty cents each, and twenty-four cents for
every subsequent entry of births or deaths in each year.

42. In the months of April, July, October, and January,
on such days as shall from time to time be appointed by the
Registrar General, the Registrar of each district shall make
and deliver to the Superintendent Registrar of his district,
a true copy, on durable materials, certified by him under his
hand according to form C of the First Schedule, of all the



Births and Deaths Registration. [Ch.29. No. 1.

entries of births and deaths in the register book kept by
him since the last certificate; and the Superintendent
Registrar shall verify the same, and, if found to be correct,
shall certify the same under his hand to be a true copy; and
if there shall have been no birth or death registcred since
the delivery of the last certificate, the Registrar shall certify
the fact, and such certificate shall be delivered to the
Superintendent Registrar as aforesaid, and countersigned
by him; and the Registrar shall keep safely each of the
said register books until it shall be filled, and shall then
deliver it to the Superintendent Registrar, to be kept by him
with the records of his office.

43. Every Superintendent Registrar shall, four times in
every year, on such days as shall be therefor named by the
Registrar General, send to the Registrar General all the
certified copies of the registers of births and deaths which he
shall have so received during the three calendar months
next preceding such quarterly days of transmission respec-
tively; and if it shall appear, by the interruption of the
regular progression of numbers or otherwise, that the
copy of any part of any book has not been duly delivered
to him, he shall procure, as far as possible consistently with
the provisions of this Ordinance, that the same may be
remedied and supplied; and every such Superintendent
Registrar shall be entitled to receive the sum of four
conts for every entry in such certified copies; and every
Superintendent Registrar shall make out an account, four
times in every year, of the number of entries in the certified
‘opies sent to him during the last quarter, and the certified
copies so sent to the Registrar General shall be thereafter
kept in such order and manner as the Registrar General
under the direction of the Governor, shall think fit, so
that the same may be most readily seen and examined.

44. Every Registrar who shall have the keeping for the
time being of any register book of births or deaths shall, at
all reasonable times, allow searches to be made of any
register book in his keeping, and. shall give a copy certified
under his hand of any entry or entries in the same, on
payment of the fee hereinafter mentioned; that is to say,

2 (2)

19

Supt.
Registrars to
send certified
copies of
registers to
Registrar
General.

Searches and
certified
copies.



20

Tndexes
searche.

Certified
copies riven
al general
register office
to be sealed.

Fee,
Phire
Scher

Shortened
form of birth
certificate.
Ord. A8-1947,

Ch. 29. No.1.] Births and Deaths Regtsiration.

the sum of twenty-four cents for every search extending
over a period not more than one year, and twelve cents
additional for every additional year, and the sum of sixty
cents for every single certificate.

45. Every Superintendent Registrar shall, when required
so to do by the Registrar General, cause indexes of the
register books in his office to be made and kept with the:
other records of his office, and any person shall be entitled
at all reasonable hours to search such indexe. and to have
a certified copy of any entry or entries in the said register
books under the hand of the Superintendent Registrar on
payment of the fees specified in the Second Schedule hereto.

46. (1) The Registrar General shall cause indexes of all
the said certified copies of the registers to be made and kept
in his office, and every person shall be entitled, on payment
of the fees hereinafter mentioned, to search the said indexe.
at any time during office hours, and to have a certified copy
of any entry in the said certified copies of the registers.

(2) The Registrar General shall seal all such certified
copie. , and all such sealed copies shall be received as evidence
of the birth or death to which the same relate, without any
further or other proof of such entry, and no certified copy
purporting to be given in the said office shall be of any force
or effect which is not sealed as aforesaid.

(3) The Registrar General shall be entitled to charge
the fees specified in the Third Schedule hereto.

47. Any person shall, on payment of a fee of twelve
cents and on furnishing the prescribed particulars, be
entitled to obtain from the Registrar General, a Superin-
tendent Registrar or a Registrar, a certificate in’ the
preseribed form of the birth of any person compiled from the
records and registers in the custody of the Registrar General,
or from the registers i in the custody of that Superintendent
Registrar or Registrar, as the case may be. No certificate
issued under this section shall include any particulars
xcept the name, surname, sex and date of birth and such
other particulars, if any, as may be prescribed, not being
particulars relating to parentage or adoption.



Births and Deaths Registration. [Ch.29. No. 1.

48. It shall be lawful for the Governor from time to time
to cause to be paid from the Treasury such moneys as may
be required for the purpose of carrying this Ordinance into
effect, and every. sum received under the provisions of this
Ordinance by or on account of the Registrar General shall
be accounted for and paid by the Registrar General on the
expiration of cach month into the Treasury for the use of
the Colony.

49. If any person required or directed by this Ordinance
to give notice to any Registrar of any birth or of any deagh,
or to give any information when required so to do of any ef
the particulars hereby required to be known and registered
touching any child born or any person dead, shall omit or
refuse so to do within the time limited in that behalf, every
person so offending shall be Hable to a fine of twenty-four
dollars; and one moicty of such fine shall be paid to the
informer, and the other moiety shall be paid into the
Treasury for the use of the Colony.

50. Every Registrar who shall refuse or without
reasonable cause omit to register any birth or death of which
he shall have had due notice as aforesaid, and every person
having the custody of any register book or certified copy
thereof, or of any part thereof, who shall carelessly lose
or injure the same, or carelessly allow the same to be injured
whilst in his keeping, shall be liable to a fine of two hundred
and forty dollars.

51. Every person who shall wilfully destroy or injure, or
cause to be destroyed or injured, any such register book, or
any part or certified copy of any part thereof, shall be
guilty of felony.

52. The forms in the lirst Schedule hereto or forms as
nearly resembling the same as circumstances admit, shall
be used in all cases in which they are applicable, and
when so used shall be valid in law.

53. (1) It shall be lawful for the Registrar General, by
order, to alter from time to time all or any of the forms

21

Funds,

Fees
received by
Reyistrar
General to be
paid into
Treasury.

Penalty for
neglecting to
give notices or
information.

Application
of penalty.

Penalty for
not duly
eTovistering,
pr losing or
injuring,
registers, etc.

Destroying
or injuring
Tegister
books.

Forms.

Power to
alter forms.



Regulations.

Recovery
penaltic.

Limitation.

Ch. 29. No.1.] = Births and Deaths Registration.

contained in the First Schedule to this Ordinance, or in
any order under this section, in such manner as may appear
to him best for carrying this Ordinance into effect, or to
prescribe new forms for that purpose, and to make regula-

tions for prescribing any matters authorised by this
Ordinance to be prescribed.

(2) Any order made in pursuance of this section
shall be published in the Roval Gazette and shall be laid

before the Legislative Council within thirty days after the
issue of the same.

(3) Every form when altered in pursuance of this
section shall have the same effect as if it had been contained
in the lirst Schedule hereto, and every regulation made in
pursuance of this section shall while in force have the same
effect as if it were enacted in this Ordinance.

54. (1) Unless otherwise directed, all offences under this
Ordinance may be prosecuted, and all penalties incurred
may be imposed or recovered in the manner provided by the
Summary Courts Ordinance.

(2) Where the Magistrate before whom a person is
charged summarily with an offence under this Ordinance
Which is also punishable on indictment, thinks that pro-
ceedings ought to be taken against such person by indict-
ment, he may adjourn the case te enable such proceedings
to be taken,

55. A prosecution on indictment for an offence under this
Qrdinance shall be commenced within three vears after the
commission of such offence.





















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Form 3B,

Deaths in the Ward of

19

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24 Ch. 29. No.1.] Births and Deaths Registration.



(Section 42.) Form C,

I, Registrar of Births and Deaths in the Sub-Division in the Ward
of do hereby certify that this is a true copy of the Registrar's book of births
(or deaths) within the said District from the entry of the birth (or death) of
No. 1 to the entry of the birth (or death) of No. 34.

Witness my hand this day of ,19

Registrar.
(Section 30.)
Form D.

I, Registrar of Births and Deaths in the Sub-Division in the
Ward of do hereby certify that the death of was duly registered by
me on the day of 19

Witness my hand this day of , 19

Registrar.
Form E.

I, Coroner for the do hereby order the burial of the body now
shown to me as the body of

Witness my hand this day of 19

Coroner.
(Section 21.) Form F.
Form Certifying Name given in Baptism.

J, of in the Ward of , do hereby certify that on
the , 19. , I baptized by the name of a male child
produced to me by as the of , and declared by the said

to have been born at in the Ward of on the
19
(Signed by Officiating Minister.)
(Section 21.) Form G.
Form Certifying Name given not in Baptism.
I, do hereby certify that the male child born on the ,at
, in the Ward of to and his wife, and registered
in the District of on the 19 has (without being baptized)
Teceived the name of
Witness my hand this day of ,19
hot
{Section 22.) Form H.

I, Registrar of Births and Deaths in the Sub-Division in the
Ward of , do hereby certify that the birth of was duly registered by
me on the day of ,19

Witness my hand this day of 19

Registrar.



Births and Deaths Registration. [Ch. 29. No. I.

25



SECOND SCHEDULE.

Fees to Registrars and Superintendent Refistrars.

Upon the registration of a birth when the child is more than three
months old, if it is not more than twelve months old, to the Superintendent
Registrar 60 cents, and to the Registrar (unless the delay is occasioned
by his failure to issue a requisition, or otherwise by his default) 60 cents,
and if it is more than twelve months old, and is registered with the
authority of the Registrar General, to the Superintendent Registrar
$1.20, and to the Registrar (unless the delay is occasioned by his failure
to issue a requisition, or otherwise by his default) $1.20, to be paid by
the informant or declarant.

For taking, attesting, and transmitting a declaration made by an
informant respecting a birth in another district, to the Registrar attesting
the declaration 24 cents, to be paid by the informant.

For entering the baptismal or other name of child upon certificate
produced after registry of birth, to the Superintendent Registrar or
Registrar 24 cents, to be paid by the person procuring the name to be
entered.

Correction of error of fact in register, to the Superintendent Registrar
or Registrar 60 cents, to be paid by the person requiring the error to be
corrected.

For every search, to the Superintendent Registrar, to be paid by the
applicant for the search, if it is a general search, $1.20, if it is a particular
search, 24 cents.

For a certified copy of an entry given by the Superintendent Registrar,
60 cents to the Superintendent Registrar, to be paid by the applicant.

THIRD SCHEDULE.

For every general search not directed to any particular entry 1.00
For every search for a particular entry 0.50
For every search for two or more particular entries and not exceed-

ing four entries each... 0.25
For every search for any number of particular entries exceeding

four 1.00

For every certified copy of any entry we oe see .- 0.50

(Section 45.)

(Section
46 (3).)



26

Ch. 29. Na. 2.] Marriage.



Ordinances

Ch.29. No.2-

1940,

No, 24-1943,
24-1947,

Commence-
ment.

Short title.

Registrar of
Marriage.

District
Registrar,
Tort -of-
Spain.

District
Registrars,
San
Fernando
and Arimi

Wardens to
be District
Registrars.

CHAPTER 29. No. 2.
MARRIAGE.

AN ORDINANCE RELATING TO THE SOLEMNIZATION AND:
REGISTRATION OF MARRIAGES.

[1st January, 1924.]

1. This Ordinance may be cited as the Marriage Ordinance.

Administration.

2. The Registrar General shall be the Registrar of Marri-
ages under this Ordinance, and shall keep at his office in
Port-of-Spain a general register of marriages in the Colony.

3. The Registrar of Marriages shall be, in right of his
office, District Registrar of Marriages within the City of
Port-of-Spain.

4. It shall be lawful for the Governor to appoint such
persons as he shall see fit to be District Registrars of
Marriages for the Boroughs of San Fernando and Arima,
and every person so appointed shall hold office during the
Governor’s pleasure.

5. The Warden of each County shall be, in right of his
office, District Registrar of Marriages within the Wards
comprised in such County, and such Wards shall be deemed
the district of such District Registrar:

Provided that all powers and duties conferred and imposed
on a Warden as District Registrar of Marriages under this
Ordinance may be exercised and performed by an Assistant
Warden.





Marriage. [Ch. 29. No. 2. 27
Marriage Officers.
6. (1) It shall be lawful for the Governor, or any Marriage

person duly authorised by him, to grant licences to such
persons being ministers of any Christian religion, as the
Governor or such authorised person may, in his discretion,
think fit, to be Marriage Officers, and, without assigning
any reason for so doing, to cancel any such licence.

(2) A licence under this section shall be in the form
given in Schedule A hereto.

(3) Notice of the granting or cancellation of any such
licence shall be published in the Roval Gazette. Every such
notice shall take effect from the date of publication.

7. Any minister of religion who desires to be licensed as a
Marriage Officer shall make application to the Colonial
secretary. Such application shall state the dwelling-place
of the applicant and the name of the religious denomination
to which he belongs, and shall be accompanied by a certifi-
cate from the local head of such religious denomination to
the effect that the applicant is a fit and proper person to be
licensed as a Marriage Officer.

8. It shall be lawful for any Marriage Officer, subject to
the approval in writing of the local, head of his religious
denomination, to resign his appointment as such. Any
such resignation shall be notified in the Royal Gazette, and
shall take effect from the date of publication.

9. It shall be lawful for any Marriage Officer to act as such
in any part of the Colony.

10. Every District Registrar shall keep affixed in a
conspicuous place in his office a list of all licensed Marriage
Officers, in which list shall be stated the dwelling-place of
cach Marriage Officer, and the name or other description of
the place or places of public worship (if any) at which he
acts as a minister of religion.

Officers.
Ord.24-1047,
s. 2.

Schedule A,

Application
for licence as
a Marriage
Otficer.

Resignatiomr
of Marriage
Officer.

Marriage
Officer may
act in any
part of the
Colony.

District
Registrars
to keep lists
of Marriage
Officers.



28

B.

District
Reuistrars to
send copies
of entries to
Registrar.

Ch. 29. No. 2.] Marriage.



Preliminaries to solemnization of marriage.
11. Marriage may be solemnized-—

(a) under the authority of a District Registrar’s
certificate or District Registrars’ certificates; or

(0) under the authority of a Marriage Officer’s
certificate or Marriage Officers’ certificates; or

(c) under the authority of a licence from the
Governor; or

(¢) under the provisions of section 41.

12. (1) In every case of marriage intended to be solem-
nized under the authority of a District Registrar's certificate
or District Registrars’ certificate. , each of the parties shall

give notice of the intended marriage, in the form given in
Schedule B hereto (making the declaration therein con-
tained), to the District Registrar of the district within
which he or she has respectively resided for not less than
seven days next preceding the date of such notice:

Provided that when cach of the parties to the intended
marriage shall have resided for the required period in the
same district, a single notice shall be sufficient.

(2) On the receipt of a notice of an intended marriage,
such District Registrar shall forthwith enter the particulars
set forth in such notice and also the date of the receipt of
such notice, in a book to be called the ‘‘ Marriage Notice
Book,” and shall suspend a copy of such notice in a con-
spicuous place in his office for a period of not less than
seven days from the time of the receipt thereof.

(3) For every entry made in the Marriage Notice
Book the District Registrar shall be entitled to a fee of
twenty-four cents, and such Marriage Notice Book shall be
open at all reasonable times, without fee, to all persons
desirous of inspecting the same.

13. (1) Every District Registrar, not being the Registrar
of Marriages, shall forthwith transmit to the Registrar of
Marriages a copy of every such entry which shall have been
made by him as in the last preceding section provided, and
such Registrar of Marriages shall, on the receipt of such



Marriage. (Ch. 29. No. 2.

entry, file and preserve the same among the records of his
office.

(2) Every District Registrar who, without reasonable
cause or excuse, Shall fail to transmit to the Registrar of
Marriages a copy of any entry in accordance with the
provisions of this section shall be liable, on summary
conviction, for every such offence, to a fine of twenty-four
dollars.

14, At any time not more than six months nor less than
seven days after the entry of notice, the District Registrar,
upon being requested so to do by or on behalf of the party
by whom such notice was given, and in case no lawful
impediment shall have been shown to the satisfaction of such
District Registrar why such certificate should not issue, and
in case no caveat shall have been entered against the issue
of such certificate in the manner hereinafter mentioned,
shall issue under his hand a certificate according to the form
given in Schedule C hereto, and every such certificate shall
state the particulars set forth in the notice, and the date on
which the notice was entered, and that no caveat has been
entered against the issue of such certificate, and that the full
period of seven days has elapsed since the entry of such
notice; and for every such certificate the District Registrar
shall be entitled to a fee of twenty-four cents.

15. (1) In every case of marriage intended to be solem-
nized under the authority of a Marriage Officer’s certificate
or Marriage Officers’ certificates, each of the parties shall
give notice of the intended marriage, in the form given in
Schedule D hereto (making the declaration therein con-
tained), to the Marriage Officer of the congregation to which
he or she respectively belongs or is considered to be attached,
or if not belonging or not considered to be attached to any
congregation then to any Marriage Officer in the district
in which he or she has respectively resided for not less than

‘ven days next preceding the date of such notice:

Provided that when cach of the parties to the intended
marriage belongs to the same congregation a single notice
shall be sufficient.

(2) On receipt of a notice of an intended marriage,
such Marriage Officer shall forthwith enter the particulars

29

Issue of
District
Registrar's
crtificate.

Schedule C,..

Notice to
Marriage
Ofticer.

Schedule D,



issue of
Marriage
Oheer’s
eeruitie

Schedule F,

Ch. 29. No. 2.] Marniage.

set forth in such notice, and also the date of the receipt of
such notice, in a book to be kept by him and to be called the
‘Marriage Banns Book,” and shall suspend a copy of such
notice for a period extending over two Sundays from the
date of the receipt thereof on a notice board to be kept
affixed on the outside of the principal door of the place of
worship at which. he acts as minister of religion.

(3) Such Marriage Officer shall also, by himself or by
some other person by him duly authorised, publish the banns
of marriage between the parties named in such notice in the
place of public worship at which he acts as minister of
religion. The publication shall be made im an audible
manner sometime during divine service on a Sunday, and
shall be in the words as nearly as may be given in Schedule E
hereto, and shall be made for two Sundays, during morning
or evening service.

16. (1) Every Marriage Officer shall forthwith transmit to
the Registrar of Marriages a copy of every entry which shall
have been made by him as in the last preceding section
provided, and such Registrar of Marriages shall, on the
receipt of such entry, file and preserve the same among the
records of his office.

(2) Every Marriage Officer who, without reasonable
cause or oxcuse, shall fail to transmit to the Registrar of
Marriages a copy of any entry in accordance with the pro-
Visions of this section shall be Hable, on summary conviction,
for every such offence, toa fine of twenty-four dollars.

17, At any time after publication of banns is complete and
before the expiration of six months from the entry of notice,
the Marriage Officer, upon being requested so to do by or on
behalf of the party by whom such notice was given, and in

ease no lawful impediment shall have been shown to the
satisfaction of such Marriage Officer why such certificate
should not issue, and in case no caveat shall have been
entered against the issue of such certificate in the manner
hereinafter mentioned, shall issue under his hand a certificate
according to the form given in Schedule IF hereto, and every
such certificate shall state the particulars set forth in the
notice, and the date on which the notice was entered, and



Marriage. (Ch. 29. No. 2.



that no caveat has been entered against the issue of such
certificate, and that the banns have been published in the
manner required by this Ordinance; and for every such
certificate such Marriage Officer shall be entitled to a fee
of twenty-four cents.

18. In the case of persons residing in the Colony intending
that a marriage shall be solemnized between them, it shall
be lawful for the Governor, if he shall think fit, to dispense
with the giving of notice, and with the issue of the certificate
of a District Registrar or a Marriage Officer, and to grant
his licence, which shall be in the form given in Schedule G
hereto or to the like effect, authorising the solemnization
ol marriage between the parties named in such licence:
Provided that before any such licence shall be issued, one
of the parties to the intended marriage shall appear person-
ally before the Registrar of Marriages, and shall make
affidavit or solemn declaration that there is not any
impediment of consanguinity or affinity or other lawful
hindrance to the said marriage, and either that the consent
of the person or persons whose consent to such marriage is
required by Jaw has been obtained, or that no such consert
is required, or that such marriage has been authorised
hy the Chief Justice as hereinafter provided; and for every
such licence the party requiring it shall pay the sum of
$14.40 to the Registrar of Marriages.

Ivery such affidavit or declaration shall be preserved by
Registrar of Marriages among the records of his office.

19. (1) In any case in which one of the parties
(hereinafter referred to as the “resident party’’) to a
marriage intended to be solemnized or contracted under
the provisions of this Ordinance is resident in the Colony
and the other party to such intended marriage (hereinafter
referred to as the ‘‘ non-resident party ’’) is not so resident,
it shall be lawful for the Governor or any person duly
authorised by him, if the Governor or such authorised
person shall think fit and if the provisions of section 20 of
ihis Ordinance have been complied with, by a writing
under his hand (hereinafter referred to as ‘‘the Governor’s
Authority ”’), to authorise the District Registrar to whom

31

Procedure
by licence
from the

Governor.

Schedule G.

Special
provisions
in cases
where one
party to
intended
marriage
docs not
reside in
Colony.

Ord .24-1943,
s. 2.

Ord.24-1947,
s. 3.



32

Schedule G1.

Application

for authori-

sation under

section 19.

Ord. 24-1943,
s. 2.

Ord.2-4-L947,
s. +.

Ch. 29. No. 2.] Marriage.

notice of intended marriage has been given by the resident
party to issue his certificate in accordance with the pro-
Visions of section 14 of this Ordinance in respect of the
non-resident party as if notice had been given to him
by such non-resident party jointly with the resident party
and as if such non-resident party had the residential
qualification prescribed in section 12 of this Ordinance,

(2) The authority mentioned in the last preceding
subsection (hereinafter referred to as “the Governor’s
authority "’) shall be, as nearly as may be, in the form in
Schedule G1 hereto.

20. (1) Before the Governor's authority may be granted,
the following conditions shall be complied with-

(a) the resident party shall have given notice of the
intended marriage in the manner provided by section 12
to the District Registrar of the district within which he
has previously resided for not less than seven day.
next preceding the date of such notice;

(6) not less than seven day. but not more than
five months shall have clapsed since the entry of the
notice referred to in paragraph (a) of this subsection ;

(c) the resident party shall have made application
to the Colonial Seeretary for the Governor’s authority
not later than five months after the entry of the notice
referred to in paragraph (a) of this subsection ;

(d) the resident party shall have paid to the officer
appointed by the Governor to receive the same the
sum of $14.40 for the issue of the Governor’s authority
aforesaid.

(2) The application to the Colonial Secretary shall
state



(a) the christian or other names and surnames of
both partics, their respective profession, occupation
and place of residence;

(0) whether the parties or cither of them have
or has been previously married;

(c) that no impediment of kindred or alliance or
other lawful cause to prevent the proposed marriage is
known to the applicant ;



Marriage. |Ch. 29. No. 2.

(d) that the resident party has resided in the
district in which the notice referred to in paragraph (a)
of subsection (1) of this section has been given, for
not less than seven days next preceding the date of
such notice;

(c) where cither of the parties, not being a widower
or widow, is under the age of twenty-one years, that
the consent of the person or persons whose consent to
such marriage is required under this Ordinance has
been obtained.

(3) The application referred to in subsection 1 (c)
of this section shall be signed by the resident party and shall
be accompanied by a statutory declaration made by him
before the Registrar of Marriages in the form given in
Schedule H_ hereto.

21. (1) Where a marriage is intended to be solemnized
or contracted in the Colony between a British subject
resident in the Colony and a British subject resident in the
United Kingdom, a certificate for marriage lawfully issued
in any part of the United Kingdom, as tlie case may be,
shall have the same effect as a certificate issued by
District Registrar or a Marriage Officer in the Colony.

(2) Where a marriage is intended to be solemnized or

contracted in the United Kingdom between a_ British
subject resident in the Colony and a British subject resident
in the United Kingdom, a certificate may be issued in the
Colony by a District Registrar or a Marriage Officer in the
like manner as if the marriage was to be solemnized or
contracted under circumstances requiring the issue of such
certificate, and as if both such British subjects were resident
in the Colony

(3) For the purposes of subsection (1) of this section,

the expression “certificate of marriage lawfully issued ”
means—

(a) in the case of England, a certificate for marriage
issued by a superintendent registrar;

(6) in the case of Scotland, a certificate for marriage
issued by a registrar or a certificate of proclamation of
banns ,

(c) in the case of Northern Ircland, a certificate for
marriage issued by a registrar.

T.--Iv, 3

Schedule H.

Facilities for
marriages
between
British
subjects
resident in
the United
Kingdom

L and British

subjects
resident in
the Colony.



34

Consent to
Marriage of
minors,

Power of
Chief Justice
to authorise
marriage.

Objections
to marriage,

Ch. 29. No. 2.} Marriage.

Consent to Marriage.

22. The father, if living, of any party to an intended
marriage under twenty-one years of age (such party not
being a widower or widow), of if the father shall be dead
then the guardian or guardians of the person of the party
so under age lawfully appointed, or one of them, and in case
there shall be no such guardian then the mother of such
party if unmarried, and if there be no mother unmarried
then the guardian or guardians of the person appointed
by the Supreme Court, if any, or one of them, shall have
authority to give consent to the marriage of such party,
and such consent is hereby required for the marriage of such
party so under age, unless there shall be no person
authorised to give such consent.

23. In case any person whose consent is required by law
to any marriage, not being the father of cither of the parties
to the marriage, is absent from the Colony, or is unable or
refuses to give such consent, or being the father of one of
such parties is of unsound mind or absent from the Colony, it
shall be lawful for the persons desirous of contracting such
marriage to apply by petition to the Chief Justice, who may
proceed upon such petition in a summary way, and, in case
the marriage proposed shall upon examination appear to
him to be proper, the Chief Justice shall judicially declare
by order in writing that such marriage may be solemnized
and such order shall, for the purposes of this Ordinance,
be deemed equivalent to such consent as aforesaid.

Caveats.

24. .\ny person whose consent to a marriage is hereby
required, or who may know of any just cause why the
marriage should not take place, may, on payment of
$1.20, enter a caveat against the issue of a District
Registrar’ Marriage Officer’s certificate in the following
manner :——

(a) if the marriage is intended to be solemnized wider
the authority of a District Registrar’s certificate, such
person shall, at any time before the issue of such
certificate, write the word ‘‘ Forbidden ”’ opposite to
the entry of the notice in the Marriage Notice Book,
and shall append thereto his name and place of abode,



Marriage. [Ch. 29. No. 2.

and the grounds upon which he claims to forbid the
matnage ;

(b) if the marriage is intended to be solemnized
under the authority of a Marriage Officer’s certificate,
such person shall give notice in writing to the person
publishing the banns that he forbids the marriage, and
shall append to such notice his name and place of
abode, and the grounds upon which he claiuns to forbid
the marriage. The person publishing the banns, if he
be not the Marriage Officer, shall forthwith forward
such notice to the Marriage Officer and the Marriage
Officer shall record in the Marriage Banns Book the
fact and date of the receipt of the notice forbidding
the marriage.

No District Registrar or Marriage Officer shall issue his
‘certificate until such caveat has been removed in the manner
hereinafter provided.

25. (1) Whenever caveaé is entered against the issue of a
District Registrar’s or Marriage Officer’s certificate, the
District Registrar or Marriage Officer, as the case may he,
shall forthwith refer the matter to the Chief Justice.

(2) If the Chief Justice is of opinion that no legal
ground has been disclosed in the caveat for forbidding the
issuc of the certificate, he may remove the caveat in the
manner hereinafter provided without requiring any of
the parties to appear.

(3) In other cases, the Chief Justice shall summon
the parties to the intended marriage and the person by whom
the caveat has been entered, and shall require such last
named person to show cause why the District Registrar or
Marriage Officer, as the case may be, should not in due
course issue his certificate.

(4) Every such matter shall be heard and determined
in a summary manner, and the Chief Justice may award
compensation and costs to the party against whom the
caveat was entered, if it appear that such caveat was entered
on insufficient grounds.

26. (1) Ifthe Chief Justice shall decide that the certificate
Ought to issue, he shall remove the caveat by a declaration

3 (2)

35

When

caveat
entered,
matter to be
referred to
Chief Justice.

Removal of
caveat.



36

Ch. 29. No. 2.] Marriage.

Marnage.

before
Marriage
Officer

Marriage.

before
District

Registrar

under his hand that the intended marriage is proper and
may be solemnized; anda certified copy of such declaration
shall be forwarded to the District: Registrar or Marriage
Officer, as the case may be, by whom the caveat was referred.

(2) On the removal of the caveat, the District
Registrar or Marriage Officer, as the case may be, may issue
his ¢ certificate in due course, and the marriage may proceed
as if the caveat had not been entered, but the time which
has lapsed between the entering and removal of the caveat
shall not be computed in the period of six months specified in
sections 14 and 17.

Solemnization of marriage.

27. On the delivery of the certificate of a District
Kegistrar, or in case the parties shall have given notice
to the District Registrars of different districts then on
the delivery of the certificate of each such District Registrar,
or on the deliv ery of the certificate of a Marriage Officer
or in case the parties shall have given notice to different
Marriage Officers then on the delivery of the certificate of
each such Marriage Officer, or on the delivery of a licence
from the Governor to any Marriage Officer, it shall be
lawful for such Marriage Officer to solemnize a marriage
between the parties named in such certificate or certificates
or licence, as the eo may be

Provided that such marriage shall be solemnized) with
open doors between the hours of six o’clock in the forenoon
and six o'clock in the afternoon of the same day, and in the
presence of two or more credible witnesses beside the said
Marriage Officer.

28. On the delivery of the certificate of a District Regis-
trar, or in case the parties shall have given notice to the
District Registrars of different districts then on the delivery
of the certificate of each such District Registrar, or on the
delivery of the certificate of a Marriage Officer, or in case the
parties shall have given notice to different Marriage Officers
then on the delivery of the certificate of each such Marriage
Officer, or on the delivery of a licence from the Governor,
to any District Registrar, the parties named in such certifi-
cate or certificates or licence, as the case may be, may, if
thev shall see fit, contract marriage at the office of such.



Marriage.

[Ch. 29. No. 2.





District Registrar with open doors and in the presence of
such District Registrar and two or more credible witnesses,
and between the hours of ten o'clock in the forenoon and
four o’clock in the afternoon of the same day:

Provided that cach of the parties shall, in some part of
the ceremony, and in’ the presence of such District
Registrar and witnesse. make the following declaration :—
““T do solemnly declare that T know not of any lawful
impediment why I, Al. B., should not be joined in matrimony
to © D. here present’? and cach of the parties shall say
to the other, “PE call upon these persons here present to
witness that I, A. B., do take thee C. D., to be my lawful
wedded wife (or husband)."" Such District Registrar shall
be entitled for every marriage so contracted in his presence
to receive from the partic. a sum of $2.40.

29. Whenever a marriage shall not take place within six
months alter the entry of notice thereof or after the granting
of a licence from the Governor under section 18 of this
Ordinance, the notice or licence, as the case may be, and all
other proceedings shall thereupon be utterly void, and no
Marriage Officer shall proceed to solemnize the marriage,
nor shall the marriage be contracted before a District
Registrar, until new notice has been given and entry made
and certificate issued or a new licence has been granted in
the manner aforesaid.

30. Where any party to a marriage shall commonly use
any other language than English, then the forms and
declarations hereby required to be used in the ceremony
shall be made in such other language, so always that the
words used shall express the true intent and meaning of such
forms and declarations.

31. After any marriage shall have been solemnized or
contracted in the manner in this Ordinance provided, it shall
not be necessary in support of such marriage to give any
proof of the actual dwelling or of the period of dwelling
of either of the partics in the district mentioned in a notice
of marriage previous to the giving of such notice, nor of the
consent of any person whose consent thereunto is required
by law, nor shall any evidence be given to prove the
contrary.

37

Notices and
licences void
unless
marriage
takes place
within six
months.

Use of other
than English
language.

Proof of
certain
matters not
required
after
marriage.
Ord.24-1943,
s. 2.



338

When
Marriage
Officer not
compellable
to marry

Marriage tu
be entered
in register
and dupli-
cate sent to
Registrar.
Schedule I.

Ch. 29. No. 2.] Marriage.

32. (1) No Marriage Officer shall be compellable to accept
notice of marriage from, or to enter or publish the banns of,
or to issue a Marriage Officer’s certificate to, cr to solemnize
marriage between, persons cither of whom shall not be a
member of his own communion, nor otherwise than accord-
ing to the rules or custom of such communion, nor unless he
shall be satisfied by the declaration of the parties or other-

wise that the proposed marriage is consistent with such rules
or custom.

(2) No minister of the Christian religion shall be
compelled to publish the banns of marriage or to solcmnize
the marriage of any person whose fcrmer marriage shall
have been dissolved by a judicial decree, where the other
party to such former marriage is still living, nor shall any
such minister be compelled to permit the use of any church
or chapel under his control for publishing any such banns or
solemnizing the marriage of any such person, nor shall any
such minister be liable to any suit, proceeding or penalty
for refusing to publish any such banns or for refusing to
solemnize any such marriage or for refusing to permit the
use of any such church or chapel for any such purposes
aforesaid.

(3) No minister of the Christian religion shall be
liable to any suits, proceedings or penalties for publishing
any such banns or solcmnizing the marriage of any such
person aforesaid or for permitting the use of any such church
or chapel for any of the purpeses aforesaid :

Provided that nothing in this section shall relieve any
such minister from any ecclesiastical proceeding or censure
to which by reason of his publishing any such banns or
solemnizing any such marriage or permitting the use of any
such church or chapel for any of the purposes aforesaid
he is or from time to time hereafter may be liable according
to the doctrine, practice, usage or rules of any such religion.

Registration of marriage.

33. (1) Immediately after the solemnization or con-
tracting of any marriage, the officiating Marriage Officer
or the District Registrar, as the case may be, shall enter
in a book to be called the ‘‘ Marriage Register Book ”’ a
statement of the said marriage in the form given in Schedule |



Marriage. [Ch. 29. No. 2.



hercto, which entry shall be signed by such Marriage
Officer or District Registrar, as the case may be, and by the
partics to the marriage and by two credible witnesses of the
said marriage, and every such Marriage Officer and every
District Registrar (not being the Registrar of Marriages)
shall forthwith transmit to the Registrar of Marriages a
duplicate of such statement similarly signed, and all such
duplicate statements shall be filed by the Registrar of
Marriages and preserved among the records of his office

(2) Every Marriage Officer or District Registrar who,
without reasonable cause or excuse, shall fail to transmit to
the Registrar of Marriages any statement in accordance with
the provisions of this section shall be liable, on summary
conviction, for every such offence, to a fine of forty-eight
dollars.

34. It shall be lawful for all persons at all reasonable
times to search the entries in any Marriage Register Book
er any file of statements as aforesaid kept by the Registrar
or any District Registrar or any Marriage Officcr, and to have
true copies, certified under the hand of such Registrar,
Nistrict Registrar, or Marriage Officer, of any such entries
cr statements:

Provided that, before allowing any such search or fur-
nishing any such certified copy, the Registrar, District
Registrar, or Marriage Officer, as the case may be, shall be
entitled to demand the following fees, that is to say:—

For every search 48 cents.
For every certified copy as afore-
said 48 cents.

Void marriages.

35. (1) If any person shall knowingly and_ wilfully
intermarry under the provisions of this Ordinance, without
due notice given in accordance with section 12 or section 15
or without a certificate under sections 14 or 17 having been
duly issued, or without a licence issued under this Ordinance,
the marriage of such persons shall be null and void.

_ (2) If any persons to any marriage are within the
prohibited degrees of consanguinity or affinitv according

39

Searches and
certified
copies.

Void

marriages.

Ord.24-1943,
8. 2.



40

Forging or
altering
register
book,
notice, etc.
Making false
entrics,
giving false
certificates.

Forgimy seal.

Destroying
or injuring
register
book, etc.

Losing or
injuring
document.

Issuing of
certificate
to person
within
prohibited
degrees.

Ord.24-19-43,

s. 3.

Ch. 29. No. 2.] Marriage.

to the law of England from time to time in force, the
marriage of such persons shall be null and void.

Offences.

36. Every person who shall knowingly and wilfully forge
or alter or falsely make, or procure to be forged or altered or
falsely made, or shall offer, utter, or dispose of, knowing the
same to have been forged or altered or falsely made, any
register book or any notice, licence, certificate, entry, or
statement mentioned in this Ordinance, or any certified
copy thereof respectively, or shall wilfully insert or cause to
be inserted in any register book or certified copy thereof any
false entry or marriage, or shall wilfully give any false
certificate, or shall certify any writing to be a copy or
extract of any register book, knowing the same to be false
in any part thereof, or shall forge or counterfeit the seal of
the Registrar General, shall be guilty of felony and, on
conviction on indictment, shall be liable to imprisonment
for seven years,

37. Every person who shall unlawfully and maliciously
destroy or injure or cause to be destroyed or injured, any
register book or any notice, licence, certificate, entry, or
statement mentioned in this Ordinance, or any certified copy
thereof respectively, shall be guilty of felony, and, on con-
viction on indictment, shall be lable to imprisonment for
three years.

38. levery person having the custody of any register book
or certified copy thereof or of any part thereof, who shall
carclessly lose or injure the same or carelessly allow the same
to be injured whilst in his keeping, shall be liable to a fine of
two hundred and forty dollars for every such offence.

39. Every District Registrar or Marriage Officer who shall
knowingly and wilfully issue any certificate for the marriage
of any persons being within the prohibited degrees of
consanguinity or affinity according to the law of England
from time to time in force shall be guilty of felony, and, on
conviction on indictment, shall be liable to imprisonment for
three years.



Marriage. [Ch. 29. No. 2.

41



40. Any minister of religion who shall knowingly and
wilfully solemnize any marriage without being licensed as a
Marriage Officer under the provisions of this Ordinance, and
any Marriage Officer or District Registrar who shall solemnize
any marriage or allow any marriage to be contracted in his
presence before the issue of a certificate or granting of a
licence from the Governor, or after the expiration of six
months from the entry of notice or granting of such licence,
or who shall knowingly and wilfully issue any certificate of
marriage except within the period allowed by this Ordinance
for issuing the same, or any certificate against the issue of
which a caveat has been entered until-such caveat has been
duly removed in the manner hereinbefore provided, shall be
guilty of felony, and, on conviction on indictment, shall be
liable to imprisonment for three years.

Marriages in extremis.

41. (1) Notwithstanding anything in this Ordinance con-
tained, it shall be lawful for any Marriage Officer to perform
the ceremony of marriage between any persons, without
notice given of the intended marriage of such persons, or
without a certificate duly issued, or before the issue of such
certificate, or after the expiration of six months from the
entry of notice of such marriage, provided that both the
parties between whom such ceremony of marriage shall be
performed shall, at the time of the performance thereof,
be legally competent to contract marriage and be of full
age, and provided also that one at least of them, to the best
of the knowledge and belief of such Marriage Officer and of
the other persons signing the certificate hereinafter required,
shall be, at the time of the performance of such ceremony,
in a dying state, and that such dying person shall be a
member of the religious communion or denomination to
which such Marriage Officer shall belong.

(2) Immediately after the solemnization of any such
marriage, the officiating Marriage Officer shall transmit to the
Registrar of Marriages a certificate of the said marriage in
the form given in Schedule J hereto, signed by such Marriage
Officer and by two credible witnesses present at the said
marriage. Such statement shall be filed by the Registrar
in a register to be specially kept for the purpose.

Offences by
Marriage
Officers and
District
Registrars,

Marriages
in extremis.

Schedule J.



42

Forfeiture
of property

acquired by

marriage
had by
fraudulent
means.

Ch. 29. No. 2.] Marriage.

(3) Subject to the observance of the foregoing con-
ditions, a marriage solemnized under the provisions of this
section shall be and be held to be good and effectual in law.

(4) No marriage solemnized under the provisions of
this section shall operate as a revocation of any will.

Miscellaneous.

42. If any valid marriage shall be had under the
provisions of this Ordinance by means of any wilfully
false notice, oath, or declaration made by either party to
such marriage as to any matter as to which a notice, oath,
or declaration is herein required, it shall be lawful for the
Attorney General, by information on the relation of a
parent or guardian of a minor whose consent has not been
given to such marriage, and who shall be responsible for
any costs incurred in such suit, such parent or guardian
previously making oath or affirmation as is hercinafter
required, to sue for a forfeiture of all estate or interest in any
property accruing to the cffending party by such marriage,
and the Supreme Court shall have powcr in such suit
to declare such forfeiture and thereupon direct that all such
estate and interest, or any such part thereof as to the Court
shall scem fit, shall be secured, in such manncr as to the
Court shall seem fit, for the benefit of the innocent party,
and the issue of the marriage or any of them, or if both
parties to the said marriage shall, in the judgment of the
Court, be guilty of any such offence as aforesaid then for
the benefit of the issue of the said marriage, subject to
such provisions for the offending parties by way of mainten-
ance or otherwise as the said Court shall think reasonable:
Provided that no such suit as aforesaid shall be instituted
unless it shall have been first made out to the satisfaction
of the Attorney General by the oath of some person whose
consent was required by law to the said marriage or by his
or her solemn affirmation made in lieu of an oath, that the
circumstances of the case are such as to authorise the
institution of such proceedings, and that the consent
required by law for such marriage had not been obtained,
and that the person making such oath or affirmation
had not discovered that the said marriage had been con-
tracted more than six months before making such oath or
affirmation.



Marriage. [Ch. 29. No. 2.



43. No prosecution for any felony under this Ordinance
shall be commenced after the expiration of three years
after the offence has been committed, nor without the
written consent of the Attorney General.

44, All pecuniary penalties under this Ordinance
recoverable on summary conviction, may be recovered on
complaint in the name of any person authorised in that
behalf by writing under the hand of the Attorney General,
at any time not more than twelve months after such offence
has been committed.

45. All fees received by the Registrar or District Registrars
or the Colonial Secretary under this Ordinance shall be
paid into the Treasury for the use of the Colony.

46. All certified copies of entries purporting to be sealed
or stamped with the seal of the Registrar General shall
be reecived as evidence of the marriages to which the same
relate without any further or other proof of such entry and
no certified copy purporting to be given in the office
of the Registrar of Marriages shall be of any force or effect
which is not sealed or stamped as aforesaid.

47. ‘he Registrar General shall send, once in every year,
to the Governor a general abstract of the number of
marriages registered during the twelve months ending on the
last day of December then immediately preceding, in such
form as the Governor from time to time shall require ;
and every such annual general abstract shall be laid before
the hegislative Council at its next meeting after the receipt
thercof.

48. No marriage solemnized or contracted under this
Ordinance, other than a marriage heretofore adjudged
to be void by a court of competent jurisdiction, shall be,
or be deemed to have been, invalid by reason only that a
licence issued under section 19 prior to the 12th of August
1943, was issued less than two clear days after application
therefor had been made or that a District Registrar’s
certificate was issued in compliance with such licence less

43

Limitation.

Recovery of
penalties.

Fees payable
into the
Treasury.

Evidence.

Annual
abstract

Validation.

Ord.24-1943,
3. 4.



44 Ch. 29. No. 2.] Marriage.



than seven days after the time of entry of notice of marriage
given to such District Registrar under section 12 by one
of the parties to the marriage.

SCHEDULES.

(Section 6,) SCHEDULE A.
Licence to be a Marriage Officer.
-1.B. being a Minister of Religion of (a) residing at and officiating
at (Db) (c) is hereby licensed as a Marriage Officer for the purposes

of the Marriage Ordinance,
Governor,

(a) State religious denomination.
(b) State place of public worship in which applicant acts as minister (if any).
(() State city, borough, town, or ward where place of worship is situated.

(Section 12). SCHEDULE B.

Form 1,

(Applicable to the case of parties residing in different districts or giving separate
notices.)
Notice to District Registrar.
To District Registrar of the district of
1 [here insert the name of the person giving notice | give you notice
that a Marriage is intended to be had between me and the other party herein
named and described, that is to say:—







:
Kame and | Condition. | Calling. | Age.
ae
|





Dwelling- Length of
place. residence.







|

|

J

|

a

And I give this notice with the assent of the other party herein named and
described.

And I solemnly declare that I have for seven days, immediately preceding the date
of this notice, had my usual place of abode within the above-mentioned district



Marriage. [Ch. 29. No. 2.

of and that I believe there is no impediment of kindred or alliance or other
lawful hindrance to the said Marriage.

*Ancd LT solemnly declare that | have the consent of all whose consent is necessary
ior my marriage, namely :—(Here state names and authority of all whose consent is
necessary]

In witness whereof T have hereunto set and subscribed my hand this day

19
Signature,





*To form part of the declaration when the party is under 21 yer ‘s of age and is
not a widower or widow, otherwise to be deleted.

ForM 2.

(Applicable to the case of parties residing in the same district and giving a single
notice.)
Notice to District Registrar.

the District Registrar of the district of

We [here insert the names of the persons giving notice] give you notice that
a Marriage is intended to be had between us, the parties herein named and described,
Lhat is ta say :—

Ni Dwelling- Length of

Conditions. ‘alling. Age. :
6 8 place. residence.

And we solemnly declare that we have for seven days immediately preceding the
date of this notice had our usual place of abode and residence within the above
mentioned district of , and that we believe there is no impediment of
kindred or alliance or other lawful hindrance to the said Marriage.

*And we solemnly declare that we each have the consent of all whose consent

is necessary for our marriage, namely :—([Here state names and authority of all whose
consent 1s mecessary.]



In witness whercof we have hereunto set and subscribed our hands this day
of 19

(Signatures.)

“To form part of the declaration when cither of the parties is under 21 years of
and not a widower or widow, otherwise to be deleted.





46 Ch. 29. No. 2.] Marriage.

(Section 14.) SCHEDULE C.
Registrar's Certificate.
L, District Registrar of Marriages for do hereby certify that on
the day of , 19, notice was duly entered in the Marriage Notice

Book of the said District, of the marriage intended between the parties hereunder
named and described.









. Consent
Name and | as Length . ,
Surnanie (if any) | condition. Profession. ; Age. | Dwelling- of pit anys
at fulllength. | place. | Residence. | °¥.
: given.
Date of Notice entered day of ,19
Date of Certificate given day of ,19
No caveat has been entered against the issuc of this certificate
or [as the case nay be]
A caveat was entered Ogainst the issue of this certificate on the day of
, 19 but was removed on the day of 19 by the
Chicf Justice.
Witness my hand this day of 19

(Signed)
Registrar for District of
N.B.—This certificate will be void unless the marriage is solemnized on or before
the z Wp day of ,19 next.



Marriage. [Ch. 29. No. 2.

SCHEDULE D.

Form 1.

(Applicable to the case of parties belonging to different congregations or giving
separate notices.)

Notice for Banns.

To Minister of Church jor Chapel] in the District of
and a Marriage Officer.
I [here insert the name of the person giving notice] being a member of the

congregation of the said Church [or Chapel] give you notice that a Marriage is
intended between me and the other party hercin named and described, and that ]
desire you to publish the banns of such Marriage on two Sundays beginning with







Sunday the day of 19, next.
Name and Surname. Condition. Calling. Age. Dwelling-place.
eS Saad ce
And 1 give this notice with the assent of the other pi herein named and
scribed.

And 1 solemnly declare that 1 believe (here is no impediment of kindred or alliance
or other lawful hindrance to the said Marriage.

*And | solemnly {declare that I have the consent of all whose consent is necessary
for my marriage, namely:—! Here state uames and authority of all whose consent ts
necessary.)

In witness whereof I have hereunto set and subscribed wy hand this day
od

(Signature.)

~Yo form part*of the declaration when the party is under 21 years of age and is
hot a widower or widow, otherwise to be deleted.

47

(Section 15.)



48 Ch. 29. No. 2.) Marriage.

Form 2.
(Applicable to the case of partics belonging to the same congregation and giving a
single notice.)
Notice for Banns.

To Minister of Church [or Chapel] in the District of
and a Marriage Officer.
We [here insert the names of the persons giving notice}, being members of

the congregation of the said Church or Chapel] give you notice that a Marriage is
intended between us, the parties herein named and described, and that we desire
you to publish the banns of such Marriage in your Church [or Chapel] on two Sundays
beginning with Sunday the day of 19 next.



!

Name and Surname. Condition. Calling. | Age. | Dwelling-place.
1
|. t .

And we solemnly declare that we believe there is no impediment of kindred or
alliance or other lawful hindrance to the said Marriage.

*And we solemnly declare that we cach have the consent of all whose consent is
necessary for our marriage, namely: 'lfere state names and authority of all whose
consent is necessary.]

‘ss whereof we have hereunto set and subscribed our hands this day
19
(Signatures.)

*To form part of the declaration when cither of the partics is under 21 years of age
and not a widower or widow, otherwise to be deleted.

SCHEDULE E.

Form of Words to be used in the Publication of Banns.

(Section 15.)

] publish the Banns of Marriage between -1.23. of [here state the parish as
stated in the notice] and C.D, of [here state the parish as stated in the notice}.

If any of you know any cause or just impediment why these two persons should
not be joined together in holy matrimony ye are to declare it.

This is the first for second, as the case may be] time of asking.



Marriage. [Ch. 29. No. 2. 49



SCHEDULE F. (Section 17.)
Marriage Officer's Certificate.
1, Minister of Church [or Chapel] in the District of and a
Marriage Officer do hereby certify that on the day of ,19 __, notice

was duly entered in the Marriage Banns Book of the said Church (or Chapel] of the
marriage intended between the parties hereunder named and described.

Age. | Dwelling-place.






Name and Surname. Condition. Calling.







Date of notice entered day of 19
Date of certificate given day of ,19
No caveat has been entered against the issue of this certificate
or [as the case may be)
A caveat was entered against the issuc of this certificate on the day of
, 19 , but was removed on the day of , 19 , by the
Chief Justice.
The Banns of Marriage have been published in the manner required by the Marriage
Ordinance.



Witness my hand this day of ,19
(Signed)

Minister of Church [or Chapel]

in the District of and a

Marriage Officer.

N.B.—This certificate will be void unless the marriage is solemnized on or before
the day of 19, next.



SCHEDULE G. (Section 18.)

Governor's Licence.

To any District Registyay or Marriage Officer.
These are to Licence and Permit you to solemnize a marriage between A.B.
[here give name, surname, condition, calling, and place of residence of A.B.)
and C.D. [herve give name, surname, condition, calling, and place of residence
of C.D.) according to the provisions of the Marriage Ordinance, you knowing no
lawful impediment to the contrary.

Given under my hand at this day of 19
(Signed).
N.B.—This Licence will be void unless the marriage is solemnized on or before the
day of , 19, next.

T.—IV, 4



50

(Section 19.)

(Section 20.)

(Section 33.)

Ch. 29. No. 2.] Marriage.

SCHEDULE Gl.
Governor’s Authority.
To the District Registrar of district.
Whereas A.B. [herve insert names, surname, profession, occupation and
place of residence of A.B.] has given notice to the District Registrar of district
of his or her intended marriage with C.D. [here insert names, surname,

profession, occupation and place of residence of C.D.], and whereas the said C.D. has
not given notice of his or her intended marriage because he or she was not resident
in the Colony, and whereas a period of not less than seven days and not more than
five months has clapsed since the giving of notice as aforesaid, and whereas applica-
tion has been made to the Colonial Secretary by the said A.B. for the grant of the
Governor’s authority under section 19 of the Marmage Ordinance:

I hereby authorise the District Registrar of district to issue his certificate
under section 14 of the said Ordinance in respect of the said C.D. as if he or she had
duly given notice under section 12 of the said Ordinance jointly with the said A.B.
and as if the said C.D. had resided in the district during the seven days.
immediately preceding the giving of such notice.

Given under my hand at this day of 19
(Signed)
Governor.
SCHEDULE H.
I, do solemnly and sincerely declare that the statements made in my

application hereto attached and marked A are true and correct.

I make this declaration conscientiously believing the same to be true and according
to the Statutory Declarations Ordinance, and I am aware that if there is any state-
ment in this declaration which is false in fact which I know or believe to be false or
do not believe to be true I am liable to fine and imprisonment.

Declared before me this day of 119
Registrar of Marriages.

SCHEDULE I.

Marriage Register Book.

. b
v 3
9 rar Ky et eo OK
# |g é sss] £ |e, | Setug
VO
E agg 2 bo age a eg | ete g
6 a “Es 3 S Ss o2sa st 3.2 amEag
z a |eat i) & |] 3 =e /SEE| S ets age
‘ e s & a + a ° S es
Ss | soe § |) o |gee] § | S8 | Bras
z wn 8 n HOS
a a







(Signed).



Marniage (Ch. 29. No. 2.



SCHEDULE J.

Marriage in Extremis.

J, the undersigned Marriage Officer of (1) and we, the under-
signed of (2) and of (2) being of the age of
twenty-one years and upwards do hereby certify that on the day of ,
19, the Ceremony of Marriage was performed by me the said in the
presence of us the said and between of (3)
and of (4) and that both the said and at
the time of the performance of such ceremony were legally competent to contract
marriage, and were of full age, and that the said (5) was a member of the
same religious communion or denomination to which the said (6) belongs,
that is to say, the (7) ; and that at the time of the performance of such
ceremony, the said (8) was, to the best of our knowledge and belief, in a
dying state.

Signatures,

(1) Residence.

(2) Residence and Profession.

(3) State whether bachelor or widower.

(4) State whether spinster or widow.

(5) Name of party in dying state.

(6) Name of Marriage Officer.

(7) Religious communion or denomination.
(8) Name of party in dying state.

4 (2)

51

(Section 41.)



52 Ch. 29. No. 3.] Deceased Wife's Sister’s Marriage.

CHAPTER 29. No. 3.
DECEASED WIFE’S SISTER’S MARRIAGE.

Ordinance AN ORDINANCE RELATING TO MARRIAGE WITH A

. 29, ,

No. 3-1940. DECEASED WIFE’S SISTER.

Commence- [24th July, 1911.]

ment.

Short title. 1. This Ordinance may be cited as the Deceased Wife’s

Sister’s Marriage Ordinance.

Interpreta- 2. In this Ordinance, the expression “ sister ’’ shall include
tion. a sister of the half-blood.
Marriage, 3. Every marriage, otherwise lawful, heretofore or here-

ptherwise after contracted between a man and his deceased wife’s sister,
between any within the Colony or without, shall, in the Colony, be
yan ant his deemed and is hereby declared to be and to have been valid
wife's sister, and of full force and effect: Provided that in case, before
valid. the commencement of this Ordinance, any such marriage
shall have been annulled by any court of competent jurisdic-
tion, or either party thereto (after the marriage and during
the life of the other) shall have lawfully married another,
it shall be deemed to have become and to be void upon
and after the day upon which it was so annulled, or upon

which either party thereto lawfully married another as

aforesaid. .
Saving of 4. (1) No right, title, estate, or interest, whether in
rights ond possession or expectancy, and whether vested or contingent,
interests. at the commencement of this Ordinance existing in, to,

or in respect of any property, and no act or thing lawfully
done or omitted before the commencement of this Ordinance,



Deceased Wife's Sister’s Marriage. [Ch.29. No. 3. 53

shall be prejudicially affected, nor shall any will be deemed
to have been revoked, by reason of any marriage heretofore
contracted as aforesaid being made valid by this Ordinance.

(2) Nothing in this Ordinance shall affect the devolu- Insane
tion or distribution of the real or personal estate of any Peon not
intestate, not being a party to the marriage, who at the
commencement of this Ordinance shall be, and shall until
his death continue to be, an insance person, so found by
inquisition.



54 Ch. 29. No. 4.) Muslim Marriage and Divorce Registration.



CHAPTER 29. No. 4.
MUSLIM MARRIAGE AND DIVORCE

REGISTRATION.
Ordinance | AN ORDINANCE RELATING TO THE REGISTRATION OF
1940, MUSLIM MARRIAGES AND DIVORCES.
Commence- [1s/ July, 1936. |
ment. ~ .
Short title. 1. This Ordinance may be cited as the Muslim Marriage
and Divorce Registration Ordinance.
PART I.
GENERAL.
Definitions. 2. In this Ordinance—
district means a Muslim Marriage District con-
stituted under section 3,
‘“‘ Divorce Officer ’’ means a person appointed to be a
Muslim Divorce Officer in accordance with section 5;
“Marriage Officer’’ means a_ person appointed to
be a Muslim Marriage Officer in accordance with
section 5;
‘“ Registrar ’’ means a Registrar of Muslim Marriages
appointed under section 4;
‘“ Registrar General means the Registrar General
of Muslim Marriages and Divorces appointed under
section 4.
Muslim 3. The Governor may by proclamation divide the Colony
Marriage

wees. into Muslim Marriage districts for the purposes of this



. 25.6.1936 for Muslim Marriage districts.



Muslim Marriage and Divorce Registration. (Ch. 29. No. 4.

55



Ordinance and may from time to time by like proclamation
alter such districts either by change of boundaries or by
union or sub-division of districts or by the formation of
new districts.

4. The Governor may from time to time appoint a fit
and proper person to be the Registrar General of Muslim
Marriages and Divorces for the Colony and a fit and proper
person to be Registrar of Muslim Marriages for each
district.

5. The Governor in his discretion may from time to time
appoint any fit and proper person, being a member of the
Mushm community, to be a Marriage Officer or to be a
Divorce Officer for the purposes of this Ordinance, and the
Governor may, without assigning any reason for so doing,
cancel any such appointment. Every such appointment
or cancellation thereof shall take effect on the date of
publication of a notice to that effect in the Royal Gazette.

6. It shall be lawful for any Officer appointed under the
last preceding section to act as a Marriage Officer in any
district.

7. Every District Registrar shall keep affixed in a
conspicuous place in his office a list containing the names
and addresses of all Marriage Officers appointed under this
Ordinance.

PART II.
MARRIAGES.
8. The requisites of a valid Muslim marriage under this
Ordinance are—

(a) that each of the parties belongs to and professes
the Muslim faith or religion;

(6) that each of the parties shall, as regards age,
mental capacity and otherwise, be capable of contract-
ing Marriage ;

(c) that the parties shall not by reason of anything
contained in the Islamic law relating to marriage be
prohibited from marrying one another;

Appoint-
ment of
Registrar
General and
Registrars.

Appoint-
ment of
Muslim
Marriage
Officers.

Marriage
Officers may
act in any
part of the
Colony.

District
Registrars
to exhibit
list of
Marriage
Officers.

Requisites
of marviage.



56

Age hinit

Ch. 29. No. 4.] Muslim Marriage and Divorce Regisivation.

(d) that the partie., understanding the nature of the
contract, shall freely consent to marry one another;

(e) that the marriage shall be effected by or before a
person appointed as a Marriage Officer under the
provisions of this Ordinance;

(f) that the marriage shall be registered in accord-
ance with the provisions of this Ordinance.

9. The age at which a person, being a member of the

and consent. Muslim Community, is capable of contracting marriage

Consent to
mariage in
certain
cases.

shall be sixteen in the case of males and twelve in the case
of female.

Provided that in the case of an intended marriage
between persons either of whom, being a male is under
twenty-one years of age or being a female is under eightcen
years of age (not being a widower or widow), the consent
to such marriage, of the father if living, or if the father shall
be dead of the guardian or guardians lawfully appointed
or of one of them, and in case there be no such guardian
then of the mother of such person so under age, and if there
be no mother living then of such other person as may
be appointed for the purpose by the Governor, shall be
certified in writing by the Marriage Officer by or before
whom the marriage is effected upon the certificate of such
Marriage to be issued in accordance with the provisions
of this Ordinance.

10. In case any person whose consent to a marriage is
required in accordance with the preceding section is absent
from the Colony or is unable or refuses to give such consent
or is not of sound mind, it shall be lawful for the person
desirous of contracting such marriage to apply to the
Governor to appoint a person, being a member of the
Muslim Community, to examine into the circumstances of
such intended marriage, and if upon such examination by
the person so appointed it shall appear to him that there
are no reasonable objections to such intended marriage, he
shall so formally declare in writing and such declaration
shall for the purposes of this Ordinance be deemed equivalent
to such consent as aforesaid.



Muslim Marriage and Divorce Registration. (Ch. 29. No. 4.



11. If any persons shall intermarry otherwise than in
accordance with the provisions of this Ordinance, or if
the parties to any marriage are within the prohibited
degrees of consanguinity or affinity according to the Islamic
law relating to marriage, the marriage of such persons shall
not be registered under the provisions of this Ordinance.

12. (1) Immediately after a Muslim marriage has been
effected by or before a Marriage Officer, he shall enter in a
book to be supplied by the Registrar General and kept by
the Marriage Officer for that purpose (to be called the
“Muslim Marriage Certificate Book ’’) a certificate in the
prescribed form of the said marriage, which shall be signed
by such Marriage Officer and by the parties to the marriage
and by two eredible witnesses, and such Marriage Officer
shall enter up in the counterfoil the, prescribed particulars
and sign the same.

(2) Every Marriage Officer shall, within seven days of
a Muslim marriage being effected by or before him, transmit
to the District Registrar the certificate referred to in the
preceding subsection together with the prescribed fee.

(3) Upon receipt of the said certificate the District
Registrar, if it appears to him that the requisites of a valid
Muslim marriage have been complied with and that the
consent of any person required by this Ordinance to consent
to such marriage has been obtained, shall countersign the
certificate so forwarded and transmit the same to the
Registrar General for registration.

(4) Every Marriage Officer who, without reasonable
cause or excuse, shall fail to transmit to the District
Registrar any certificate in accordance with the provisions
of this section together with the prescribed fee shall, on
summary conviction, be liable for each offence to a fine of
fifty dollars.

13. (1) Any Muslim marriage, which was entered into
prior to the commencement of this Ordinance between
Muslims domiciled in the Colony at the date of such marriage
and which marriage is still subsisting and is valid according
to the Islamic law relating to marriage, may be registered

57

Marriages
which may
not be
registered.

Completion
of marriage
certificate
and trans-
mission to
District
Registrar
and Regist-
tar General.

Registration
of marriages
entered into
prior to com-
mencement

of Ordinance.



Filing of
certificate
and registra-
tion of
Mariage hy
Registrar
General.

Registration
to legitimate
children of
marriage so
recistered.

Ch. 29. No. 4.] Muslim Marriage and Divorce Registration.

under this Ordinance in accordance with the provisions
hereinafter contained.

(2) The parties to such prior marriage shall attend
together with a Marriage Officer before a District Registrar
and such parties shall, in the presence of and before the
District Registrar, make a declaration in the form pre-
scribed which declaration shall be certified by the Marriage
Officer in the manner prescribed.

(3) If it appears to the District Registrar that the
requisites of a valid Muslim marriage were complied with at
the date it was contracted and that such prior marriage is
still subsisting he shall transmit the declaration to the
Registrar General for registration.

14. (1) The Registrar General shall file in his office all
certificates and declarations of Muslim marriages which shall
be transmitted to him, and shall forthwith register in a book
in the prescribed form to be kept in his office for such
purpose and to be called the “ Muslim Marriage Register
Book ”’ particulars of every certificate and declaration of a
Muslim marriage which shall be filed in his office, and every
entry so made shall be dated on the day on which it is so
entered and shall be signed by the Registrar General, and
such book shall be kept in such manner as is best suited for
easy reference thereto.

(2) Upon such registration by the Registrar General,
and upon payment of the prescribed fee, he shall issue and
transmit to the parties to the marriage a certificate of
registration of the marriage in the prescribed form, and in the
case of a marriage effected after the commencement of this
Ordinance he shall send a notification of the fact and date of
registration to the Marriage Officer by or before whom the
marviage was effected, who shall thereupon enter such
particulars in the space provided for the purpose in the
counterfoil of the Muslim Marriage Certificate Book.

15. The children of any Muslim marriage registered in
accordance with the provisions of this Ordinance shall be
legitimate, and in the case of the children of a prior marriage
registered by virtue of section 13 the date of such legitima-
tion shall be the date of registration of such prior marriage:



Muslim Marriage and Divorce Registration. (Ch. 29. No. 4.





Provided that such legitimation in respect of each child of
such prior marriage shall have effect as from the date of the
birth of each such child:

Provided further that the provisions of this section shall
not operate to alter the status of any child deemed legiti-
mate by virtue of any other law.

16. The Legitimation Ordinance, save and except sec-
tions 3 and 10 thereof, shall apply, mutatis mutandis, to
persons legitimated by reason of registration of marriage
under the provisions of this Ordinance.

PART III.
DIVORCES.

17. Part III. of this Ordinance shall apply to all divorces,
dissolutions and annulments of marriages between Muslims
(hereinafter referred to as ‘‘ divorces ’’) effected after the
commencement of this Ordinance, and all such divorces, if
effected by or before a Divorce Officer according to the
Islamic law of divorce, dissolution and annulment of marriage
and are registered in accordance with the provisions of this
Part of this Ordinance, shall be deemed to be valid for all
purposes as from the date of registration, notwithstanding
that any Muslim marriage so dissolved or annulled may have
becn registered in accordance with any other law relating
to the registration of marriages.

18. Immediately after the absolute dissolution or annul-
ment of any Muslim marriage by or before a Divorce Officer,
he shall enter in a book to be supplied by the Registrar
General and kept by the Divorce Officer for that purpose
(to be called the ‘‘ Muslim Divorce Certificate Book ”’), a
certificate in the prescribed form of the dissolution or
annulment of such marriage which shall be signed by the
Divorce Officer and by the party applying for the divorce,
and such signatures shall be witnessed by two credible
witnesses. The Divorce Officer shall also enter up in the
counterfoil the prescribed particulars and sign the same.

59

Application
of Legitima-
tion
Ordinance.

Application
of Part IIT.

Completion
of divorce
certificate.



60

Transmission
of certificate
to Registrar
General.

Filing of
certificate
and regis-
tration of
divorce by
Registrar
General.

Period
within which
registration
may be
effected.

Correction
of clerical
errors in
Registers.

Ch. 29. No. 4.] Muslim Marriage and Divorce Registration.

19. A Divorce Officer shall, within seven days of the
absolute dissolution or annulment of a Muslim marriage by
or before him, transmit to the Registrar General the
certificate referred to in the preceding section together with
an application for registration by the Divorce Officer accom-
panied by the prescribed fee.

20. (1) Upon receipt of any certificate and application for
registration of a divorce, the Registrar General, if it appears
to him that such are in order, shall file in his office the
application and certificate, and shall forthwith register in a
book in the prescribed form to be kept in his office for such
purpose and to be called the ‘‘ Muslim Divorce Register
Book ”’ particulars of every certificate of a Muslim divorce
which shall be filed in his office, and every entry so made
shall be dated on the day on which it is so entered and shall
be signed by the Registrar General and such book shall be
kept in such manner as is best suited for easy reference
thereto.

(2) Upon such registration as aforesaid, the Registrar
General shall transmit to the Divorce Officer notification of
the fact and date of registration of the divorce, and the
Divorce Officer shall thereupon enter such particulars in the
space provided for the purpose in the counterfoil of the
Muslim Divorce Certificate Book.

21. Registration under this Ordinance of any Muslim
divorce shall not be effected later than one month from the
date on which the absolute dissolution or annulment of the
mattiage was effected by or before the Divorce Officer.

PART IV
MISCELLANEOUS.

22. The Registrar General may correct any clerical error
in any certificate of marriage or certificate of divorce filed
in his office and in the Muslim Marriage or Muslim Divorce
Register Books and shall authenticate every such correction
by his signature and the date of such correction.



Muslim Marriage and Divorce Registration. (Ch. 29. No. 4.

61

23. (1) Upon payment of the prescribed fees, the Regis-
trar General shall at all reasonable times allow searches to
be made in the Muslim Marriage or Muslim Divorce Register
Books and shall give certified copies therefrom.

(2) Any copy certified under the hand of the Registrar
General to be a correct copy of any entry in the Muslim
Marriage or Muslim Divorce Register Books shall be admis-
sible as evidence of the registration of the marriage or the
divorce to which it relates in all courts or before any person
now or hereafter having by law or consent of parties
authority to hear, receive, and examine evidence.

24. All prescribed applications, certificates and entries in
register books shall be in the English language.

A Marriage Officer or a Divorce Officer, who is unable to
write, but able to read, the English language may cause the
particulars required in the certificates and entries in the
Register Books to be written in the English language in his
presence by another person, but such Officer must neverthe-
less sign the certificates and entries in the Register Books,

25. Every person who shall knowingly and wilfully make
any false oath, affidavit or declaration, or sign any false
application, notice or certificate required by this Ordinance,
for the purpose of the registration of any marriage or divorce,
and every person who shall wilfully make, or cause to be
made, for the purpose of being inserted in any register of
marriages or divorces, any false statement touching any of
the particulars required to be known and registered, shall on
being convicted thereof be subject to the same pains and
penalties as if he were guilty of perjury.

26. Every person who shall knowingly and wilfully forge
or alter or falsely make, or procure to be forged or altered
or falsely made, or shall offer, utter or dispose of, knowing
the same to have been forged or altered or falsely made, any
Tegister book or any notice, licence, certificate, entry or
statement mentioned in this Ordinance, or any certified copy
thereof respectively, or shall wilfully insert or cause to be
inserted in any register book or certified copy thereof any

Searches in
Registers
and copies
of entries.

Use of
English
language.

False oath
or statement.

Forging or
altering
register
book, notice,
etc.



62

Destroying
or injuring
register
book, etc.

Limitation.

Dispo.
fees,

Regulations.

Schedule.

Ch. 29. No.4.) Muslim Marriage and Divorce Registration.

false entry of marriage or divorce, or shall wilfully give any
false certificate, or shall certify any writing to be a copy or
extract of any register book, knowing the same to be false
in any part thereof, or shall forge or counterfeit the seal of
the Registrar General, shall be guilty of felony and liable to
imprisonment for seven years.

27. Every person who shall unlawfully and maliciously
destroy or injure, or cause to be destroyed or injured, any
register book or any notice, licence, certificate, entry or
statement mentioned in this Ordinance, or any certified copy
thereof respectively, shall be guilty of felony, and liable to
imprisonment for three years.

28. No prosecution under this Ordinance shall be com-
menced after the expiration of three years from the com-
mission of the offence nor without the written consent of the
Atorney General.

29. All fees received by the Registrar General or District
Registrars under this Ordinance shall be paid into the
Treasury for the use of the Colony.

30. The Governor in Council may make such regulations
as may be necessary for the proper carrying out of the
provisions of this Ordinance and more especially may
prescribe—

(a) the place or places at which shall be situate the
offices of the several District Registrars ;

(b) the form of any certificate, register or other
document required for the purpose of this Ordinance;

(c) the conditions under which registers or other
documents may be inspected ;

(d) the fees to be paid in respect of anything required
or permitted to be done under the provisions of this
Ordinance, and provision for their remission on account
of the poverty of the parties or for other good reason:

Provided that, until varied or revoked by any such



63



Muslim Marriage and Divorce Registration. (Ch. 29. No. 4.

regulations, the regulations contained in the Schedule
hereto shall be in force.

31. Sections 13, 14 and 16 to 23 inclusive of the Immi-
gration (Indian) Ordinance, shall as from the Ist of July,
1936, no longer apply to an immigrant, as defined in section 12
of that Ordinance, who belongs to the Muslim faith or
religion, and to that extent the said sections are hereby
modified: Provided that such modification shall not in any
manner affect the validity of any record or entry lawfully
made in any register or of any act or thing lawfully made in
any register or of any act or thing lawfully done under and
by virtue of the provisions of the said sections.

SCHEDULE.

Part I.—General.

1. These regulations may be cited as the Muslim Marriage and Divorce
Regulations,

2. The fees set forth in Part II of this Schedule shall be payable in
Tespect of the matters therein specified.

3. The forms set forth in Part IIT of this Schedule shall be the forms to
be used in respect of the matters therein specified.

Part II.—Fees.

$
Marriage registration fee 60
(Payable to District Registrar by Marriage Officer on trans-
mitting certificate of marriage.)
On issue of certificate of registration of marriage .60
Divorce registration fee 1.20

(Payable to Registrar General by the Divorce Officer trans-
mitting certificate of divorce.)

For every search in any register book 24
For every certified copy of any entry wee we we -- 48

Sections 13,
14 and 16
to 23 of
Immigration
(Indian)
Ordinance
not to apply
to Muslims.

(Section 30.*.



64

Ch. 29. No. 4.] Muslim Marriage and Divorce Registration.

Part JII.—Forms.

CoLony oF TRINIDAD AND TOBAGO.
THE MUSLIM MARRIAGE AND DIVORCE REGISTRATION ORDINANCE.

Declaration required by section 13 (2).

Husband’s name Wife's name Names and dates of
Date and place and age at and age at births of children
Be. date of marriage. date of marriage. and deaths, if any.





I, of and I his wife respectively do solemnly and sincerely
declare as follows:

1. The details of the marriage set out above are true and such marriage was
in accordance with the Islamic law relating to marriage.

That at the date of such marriage we were domiciled in the Colony.

3. That such marriage is still subsisting according to the Islamic law at the
date hereunder written.

Declared at this day of ,19
Before me,
District Registrar of Muslim Marriages.

l, of a Muslim Marriage Officer appointed under the Muslim
Marriage and Divorce Registration Ordinance do hereby certily as follows:—

1, That the parties to the marriage specified above are desirious of registering
such marriage under the said Ordinance.

2. That I have enquired into the circumstances of such marriage and to the
best of my knowledge, information and belief the details specified above are
true and that such marriage was in accordance with the Islamic law and is
still subsisting between the said parties at the date hereunder written.

Dated this day of ,19
Marriage Officer.
Witness
District Registrar of Muslim Marriages.



Muslim Marriage and Divorce Registration. (Ch. 29. No. 4.



‘ounterfoil.

Marriage District
Date of Marriage
Place of Marriage
Husband's Name and age
Wife’ Name and age

names—

Certilicate forwarded to
District Registrar at
on day

of 19

Signature of
Marriage Officer. >

We

*Registered this
day of ,19

*Date of Registration of
Marriage by Registrar
General to be filled in
subsequently by Marriage
Officer and signed by him.

T.—IVv.

65

No. (Section

12 (1).)

COLONY OF TRINIDAD AND ToBaGo.

THE MUSLIM MARRIAGE AND DIVORCE
REGISTRATION ORDINANCE.

Muslim Marriage Certificate Book.

i

8 3| So 3 | 5 8 3
3S ; » | 0
ao
Se(28) 6s. e(see |so8 |4
Ga lBa on8 n Sau Seok (ue
ut |SE| sz woe | Zoo | SS0 | as
EG |S5| 255 [28 [323 | 323 [8
s|3o| S40 (Sa | oc os pa
= BE] 98a E)/E&=}2 | e°? a
3s [a = ga a |e
so | 52 a] 99°¢ | 8 o& | 5
Q S aA a a

|
|
i
i
|





Signature of parties to the Marriage (1)
(2)



Signature of Witnesses

I of a Muslim Marriage Officer,
certify that a Marriage between the above-mentioned
parties in accordance with the Islamic Law of
Marriage and the provisions of the Muslim Marriage
and Divorce Registration Ordinance, was entered into
before me this dav of ,19

Signature of Marriage Officer.

Signature of District Registrar for the Marriase
District of
District Registrar of Muslim Marriages.

Date



66 Ch. 29. No. 4.) Muslim Marriage and Divorce Registration.
Se ction COLONY OF TRINIDAD AND TOBAGO.
14 (1).
(),) THE MUSLIM MARRIAGE AND DIVORCE REGISTRATION ORDINANCE.
Muslim Marriage Register Book.











Registered No. Marriage District.
o . 4 : u a =
oO. Qo v vo : vo -

8] 29 | 2& © 1 Seg /s.8] ¢ : | 2
, Go o ae
aa — seg Dag Siu | Coe Be oe 9 o
mh ace BUoO oe ut i) a8 a+ aa
ak oO oe kh =a ouyv oFU E ya a's
ry a a8 0 = a0 a8 Be 2m by
Ss 42 sO =}. oc os O o cs
S aa Euw2Z |e? A A ZA
3 me 33 & BOS 3 #5 “ ms z
a & | OF e[“~ “la ® a
I !
Registered this day of 19

Registrar General of Muslim Marriages and Divorces.

N.B.-- In the case of a prior marriage the details to be entered shall be those as
shown by the declaration and certificate.

OF TRINIDAD AND TOBAGO.

(Section
14 (2).) THE MUSLIM MARRIAGE AND DIVORCE REGISTRATION ORDINANCE.

Certificate of Registration of Marriage.
Date

This is to certify that a marriage ented into before* Marriage Officer on
the day of 19, at lLetween of and
of was duly registered in accordance with the provisions of the
Muslim Marriage and Divorce Registration Ordinance on the day of
19
Registrar General of Muslim Marriages and Divorces.



* Omit the name of the Marriage Officer, in the case of a prior marriage.



Muslim Marriage and Divorce Registration. (Ch. 29. No. 4. 67





No. No. (Section 18.)
COLONY OF TRINIDAD AND “OBAGO,

THE MUSLIM MARRIAGE AND DIVORCE
REGISTRATION ORDINANCE,

Muslim Divorce Certificate Book.

Counterfoil.

®
Qo
an”
2s
= 38
Ze
E
a
G

Date and place
of Marriage
Husband’s
name and age.
Occupation of
husband and
address.
Name of father
of husband
and address.
Name of father
of wife and
address.





Date of Marriage

Place of Marriage
Husband’s name and age
Wife’s name and age

Date of Dissolution of
Marriage

Witnesses’ names—
(1)
(2)

Signature of Divorce Officer.



Signature of party applying for Divorce.

Signature of Witnesses (1

(2)
I of certify that a marriage sub-
“Registered this sisting between the above mentioned parties both
day of ,19 of whom are of the Muslim Faith or Religion has

this day been absolutely dissolved in accordance
with the Islamic law relating to the dissolution of
Muslim Marriages.

*Date of registration of Di-
vorce by Registrar General
to Le filled in subsequently
by Divorce Officer.

Dated this day of ,19
Signature of Divorce Officer.

Signature of Witnesses.,
(2)

5 (2)



68

Ch. 29. No. 4.] Muslim Marriage and Divorce Registration.



(Section
20 (1).)

COLony TRINIDAD AND Topaco.
THE MUSLIM MARRIAGE AND DIVORCE REGISTRATION ORDINANCE,

Muslim Divorce Register Book.
Registercs











| ° 1
Date and | Husband's ; Occupation | Wife’s | | Name of father Name of father
place of | name and + of husband | name and | of husband of wife
Marriage. age. and address. © age. ‘and address. and acdkire.s°.
i
! \
Name of party applying for divorce
Name of Divorce Officer certifying
dissolution of the Marriage
and date of dissolution
Registered this day of 19

Registrar General of Muslint Marriages and Divorces,



Hindu Marriage. [Ch. 29. No. 5. 69

CHAPTER 29. No. 5.
HINDU MARRIAGE.

AX ORDINANCE TO MAKE PROVISION FOR THE SOLEMNIZATION Ordinances

AND REGISTRATION OF Hinpu MARRIAGES. No. hoay,
[13th May, 1946.] Commence-
ment.

1. This Ordinance may be cited as the Hindu Marriage Short title.
Ordinance.

2. In this Ordinance— Definitions.

district means a Hindu marriage district con-
stituted under section 3;

“District Registrar ’’ means a Registrar of Hindu
marriages appointed for a district under the provisions
of section 4;

,

‘‘ Marriage Officer ’’ means a person licensed as such
under the provisions of section 5;

“ Registrar ’ means the Registrar of Hindu Marriages
appointed for the Colony under the provisions of
section 4.

_ 3. The Governor may by proclamation divide the Colony Hindu
into Hindu marniage districts for the purposes of this 3238,
Ordinance and may from time to time by like proclamation

alter such districts either by change of boundaries or by

union or sub-division of districts or by the formation of

new districts.



* See GN. 100-1946 for Hindu marr age districts,



70

Appoint-
ment of
Registrar
and of
District
Registrars.

Hindu
Marriage
Officers.
Ord.23~1947.

Form A,

Marriage
Officers may
act in any
part of the
Colony.

Applications
for licences
as Marriage
Officers.

Ch. 29. No. 5.] Hindu Marriage.

4. The Governor may appoint a Registrar of Hindu
marriages for the Colony and a District Registrar of Hindu
marriages for each district.

The Registrar and District Registrars shall hold office
during the Governor’s pleasure.

5. (1) It shall be lawful for the Governor, or any person
duly authorised by him, to grant licences to such persons,
being priests of the Hindu religion, as the Governor or
such authorised person may, in his discretion, think fit,
to be Marriage Officers, and, without assigning any reason
for so doing, to cancel any such licence.

(2) A licence under this section shall be in form A
of Part III of the Schedule hereto.

(3) The grant or cancellation of any such licence shall
be notified in the Royal.Gazette and shall take effect from
the date of such publication.

(4) Whenever a licence has been cancelled, the holder
thereof shall return it to the Colonial Secretary forthwith
after notice of such cancellation has been forwarded to him
by letter signed by or on behalf of the Colonial Secretary and
addressed at his usual or last known place of abode or
business. If he fails to do so, he shall be liable on summary
conviction to a fine of fifty dollars.

6. It shall be lawful for any Marriage Officer to act as
such in any district.

7. (1) Any Hindu priest who desires to be licensed as a
Marriage Officer shall make application in writing to the
Colonial Secretary. Such application shall state the
dwelling place of the applicant and the name of the Hindu
sect to which he belongs, and shall be accompanied by a
certificate to the effect that the applicant is a fit and
proper person to be licensed as a Marriage Officer from the
President and Secretary of one of the following organisa-
tions: The Hindu Sanatam Dharam Association of
Trinidad, the Sanatan Dharma Board of Control, the
Kabir Panthi Association of Trinidad, the Arya Pratinidhi
Sabha of Trinidad and any other Hindu organisation



Hindu Marriage. (Ch. 29. No. 5.

71



which may be recognised by the Governor as hereafter
provided.

(2) If an application is received from any organisation
for recognition as provided in the preceding subsection,
notice of such application shall be advertised in the Royal
Gazette and any one who wishes to object to such recognition
shall do so in writing to the Colonial Secretary within onc
month ef the publication of such notice.

(3) If the Governor shall thereafter accord recognition
to any such organisation, notice of such recognition shall
be published in the Royal Gazette.

8. Every District Registrar shall keep affixed in a
conspicuous place in his office a list containing the names
and addresses of all Marriage Officers licensed under this
Ordinance.

9. The requisites of a valid Hindu marriage under this
Ordinance are—

(a) that each of the parties shall belong to and
profess the Hindu faith or religion;

(6) that both parties shall, as regards age, mental
capacity and otherwise, be capable of contracting
marriage;

(c) that the parties shall not be within the pro-
hibited degrees of consanguinity and affinity according
to the Hindu law relating to marriage;

(d) that the marriage shall be solemnized by a
Marriage Officer in accordance with the rites of the
Hindu religion and with the provisions of this
Ordinance;

(e) that the parties understanding the nature of the
contract, shall freely consent to marry one another
in the presence of the Marriage Officer who solemnizes
the marriage and shall sign or mark the certificate
drawn up by the said officer in accordance with the
provisions of section 13;

(f) that the marriage shall be registered in accordance
with the provisions of this Ordinance.

District
Registrars
to keep list
of Marriage
Officers.

Requisites
of valid
marriage.



72

Marriage by
Marriage
Officer,

Age limit and
consent of
parents,

Ch. 29. No. 5.] Hindu Marriage.



10. It shall be lawful for any Marriage Officer without
previous notice of the intended marriage being given and
without any other formality required by the Marriage
Ordinance to solemnize a marriage between persons
belonging to and professing the Hindu faith or religion;
and such marriage shall, subject to the provisions of this
Ordinance, be as valid as if it had been solemnized in
conformity with the provisions of the said Marriage
Ordinance.

11. (1) The age at which a person, being a member of
the Hindu faith or religion, is capable of contracting
marriage shall be eighteen vears in the case of males and
fourteen years in the case of females.

(2) Without prejudice to the provisions of the
preceding subsection, a marriage shall not be solemnized
by a Marriage Officer if the intended husband (not being a
widower) is under twenty-one years of age or the intended
wife (not being a widow) is under sixteen years of age unless
the consent to the marriage of the party who is under age
by virtue of the provisions of this subsection has been
given in accordance with the following provisions of this
section, and such consent is hereby required for the marriage
of such party-under age.

(3) The required consent may be given by the father
of the party under age, and if the father be dead by the
guardian or guardians appointed or one of them, and in
case there be no such guardian then by the mother of such
party so under age, and if the mother be dead then by such
other person as may be appointed for the purpose by the
Governor.

(4) In case the father, mother, or a guardian whose
consent to a marriage is required under the provisions
of the last preceding subsection is absent from the Colony
or is unable or refuses to give such consent or is not of
sound mind, it shall be lawful for the party in whose case
consent is required to apply to the Governor to appoint a
person, being a member of the Hindu community, to
investigate the circumstances of the intended marriage and
if after such investigation it shall appear to the person so
appointed that there are no reasonable objections to such



Hindu Marriage. [Ch. 29. No. 5.



intended marriage such person shall so formally declare in
writing and such declaration shall, for the purposes of this
Ordinance, be deemed equivalent to such consent as
aforesaid.

(5) A consent shall, when not given in the presence
of a Marriage Officer, be signified in writing under the
hand of the person giving such consent and the Marriage
Officer by whom the marriage is solemnized shall record
on the certificate drawn up by him in accordance with
the provisions of section 13 the fact that the required
consent has been given, the name of the person by whom
such consent has been given and whether such consent
has been given in his presence or in writing.

12. If any person shall intermarry otherwise than in
accordance with the provisions of this Ordinance, or if the
parties to any marriage are within the prohibited degrees
of consanguinity or affinity according to the Hindu law
rclating to marriage, the marriage of such persons shall not
be registered under the provisions of this Ordinance.

13. (1) Immediately after a Hindu marriage has been
solemnized by a Marriage Officer, he shall enter in English
or Hindi in a book to be supplied by the Registrar and kept
by the Marriage Officer for that purpose (hereinafter
referred to as the ‘‘ Hindu Marriage Certificate Book ’’)
a certificate in form B of Part III of the Schedule hereto
of the said marriage. Such certificate shall be signed by
the parties to the marriage by two creditable witnesses
of the said marriage known to the Marriage Officer, and by the
Marriage Officer who shall also enter up in the counterfoil
the prescribed particulars and sign the same: Provided
that if any of the parties to the marriage cannot sign, he
shall affix his mark in the presence of the Marriage Officer
and of the two witnesses.

(2) Every Marriage Officer shall, within seven days
of a Hindu marriage being solemnized by him, transmit
to the District Registrar the certificate referred to in the
preceding subsection together with the prescribed fee
collected by him from the parties to the marriage.

(3) Upon receipt of the said certificate, the District

73

Marriages
which may
not be
registered.

Marriage
certificate.

Form B.



74

Ch. 29. No. 5.} Hindu Marriage.



Registrar, if it appears to him that the requisites of a valid
Hindu marriage have been complied with and that the
consent of every person required by this Ordinance to
consent to such marriage has been obtained, shall counter-
sign the certificate so forwarded and transmit same to the
Registrar for registration: Provided that in the case
of a certificate drawn up in Hindi, the District Registrar
shall cause a translation into English to be made and
certified by an interpreter attached to a magistrate’s court
and shall, in proper cases, countersign the certificate and
the translation and transmit same to the Registrar for
registration.

(+) Whenever it is alleged that a Marriage Officer
has duly solemnized a marriage under this Ordinance but
has failed to comply with any of the provisions of sub-
sections (1) and (2) of this section, any party to such alleged
marriage may apply by summons to a Judge in Chambers
for an order directing the Registrar to register such
maflriage.

Such summons shall be served upon the Registrar,
upon the other party to the alleged marriage (when not an
applicant) and upon the Marriage Officer (if alive and in
the Colony). Upon the hearing of such summons the
Judge may summon such person as is likely in his opinion
to give material evidence in the matter and shall hear and
determine the matter in a summary manner. If the
Judge is satisfied from the evidence that the alleged marriage
was duly solemnized, that the requisites of a valid Hindu
marriage have been complied with, and that the consent
of every person required by this Ordinance has been
obtained, he shall make the order prayed for and award
such costs as he may deem fit.

Any such order shall set out the essential particulars
contained in form B of Part III of the Schedule hereto
(including the names of the witnesses) and any other matter
which the Judge may deem necessary to give effect to the
provisions of subsections (1) and (2) of this section, and
such order shall be dealt with by the Registrar as if it were
a certificate transmitted to him for registration by a District
Registrar in accordance with the provisions of the last
preceding subsection.



Hindu Marriage. [Ch. 29. No. 5.

(5) Every Marriage Officer who—

(a) fails to comply with the provisions of sub-
section (1) of this section, or

(b) without reasonable cause or excuse, ‘shall fail to
transmit to the District Registrar any certificate in
accordance with the provisions of this section together
with the prescribed fees, or

(c) solemnizes a Hindu marriage without proof that
the persons whose consent is required by this Ordinance
have given such consent,

shall be Hable on summary conviction to a fine of fifty
dollars.

14. (1) Notwithstanding anything to the contrary in
sections 9 and 12, any Hindu marriage, which was entered
into prior to the commencement of this Ordinance between
Hindus domiciled in the Colony at the date of such marriage
and which marriage is still subsisting and is valid according
to the Hindu law relating to marriage, may be registered
under this Ordinance in accordance with the provisions
hereinafter contained.

(2) The parties to such prior marriage shall attend
before a Marriage Officer and shall make and sign a
declaration in form C of Part III of the Schedule hereto.
Such declaration shall be signed in the presence of the
Marriage Officer by two creditable witnesses, known to
the Marriage Officer who shall identify the parties: Pro-
vided that if any of the parties to such prior marriage
cannot sign his name he shall affix his mark in the presence
of the two witnesses.

(3) The Marriage Officer shall then, in proper cases,
immediately fill in, date and sign the certificate on the
said form C and shall transmit it to the District Registrar
within seven days with the prescribed fee collected by him
from the parties.

(4) The fees prescribed for the registration of a
certificate of marriage shall apply in respect of the
registration of the declaration of a former marriage.

(5) If such District Registrar is satisfied that the

75

Registration
of marriaves
entered into
prior to com-
Mmencement

of Ordinance.

Form C



Filing of
certificate
and registra-
tion of
marriage by
Registrar.
Form TD),

Firm FE.

Legitimacy
of children.

Ch. 29. No. 5.] Hindu Marriage.

requisites Gi a valid Hindu marriage were complied with
at the date it was contracted and that such prior marriage
is still subsisting he shall transmit the declaration to the
Registrar for registration.

15. (1) The Registrar shall file in his office all certificate.
and declarations of Hindu marriages (including translations
thereof) which shall be transmitted to him in accordance
with the provisions of this Ordinance and shall forthwith
register in a book in form D of Part III of the Schedule
hereto to be kept in his office for that purpose (hereinafter
referred to as the “‘ Hindu Marriage Register Book ’’) the
particulars of every such certificate and declaration, and
every entry shall be dated on the day on which it is so made
and shall be signed by the Registrar. Such book shall be
kept in such manner as is best suited for easy reference
thereto.

(2) Upon such registration by the Registrar and
upon payment of the prescribed fee, the Registrar shall
issue and transmit to the partics to the marriage a certificate
of registration of the marriage in form E of Part III of the
Schedule hereto. In the case of a marriage solemnized
after the commencement of this Ordinance the Registrar
shall send a notification of the fact and date of registration
to the Marnage Officer by whom the marriage was
solemnized, and such officer shall thereupon enter such
particulars in the space provided for the purpose on the
counterfoil of the ‘‘ Hindu Marriage Certificate Book.”’

16. The children of any Hindu marriage registered in
accordance with the provisions of this Ordinance shall be
legitimate, and in the case of the children of a prior
marriage registered by virtue of sections 14 and 15 the date
of such legitimation shall be the date of registration of such
prior marriage under the provisions of this Ordinance:

Provided that such legitimation in respect of each child
of such prior martiage shall have effect as from the date of
the birth of each such child:

Provided also that the provisions of this section shall
not operate to alter the status of any child deemed legitimate
by virtue of any other law.



Hindu Marriage. [Ch. 29. No. 5. 77

17. The Legitimation Ordinance, save and except sections pplication
3 and 10 thereof, shall apply, mutatis mutandis to persons 0 Lesitima-
legitimated by reason of registration of marriage under the Ordinance.
provisions of this Ordinance.

18. The Registrar may correct any clerical error in any Correction of
certificate or declaration of Hindu marriage filed in his (°c
office ani] in the Hindu Marriage Register Books and shall
authenticate every such correction by his signature and the
date of such correction.

19. (1) Upon payment of the prescribed fees, the searches in
Registrar shall at all reasonable times allow searches to be ne

made in the Hindu Marriage Register Books and shall entries.
give certified copies therefrom.

(2) Any copy certified under the hand of the
Registrar to be a correct copy of any entry in the Hindu
Marriage Register Books shall be admissible as evidence
of the registration of the marriage to which it relates in
all courts or before any person now or hereafter having by
law or consent of parties authority to hear, receive and
‘xamune evidence.

20. Any person who shall knowingly and wilfully make False
any false declaration, or sign or mark any false application, declaration,
notice or certificate, required by this Ordinance for the ~~
purpose of the registration of any marriage, and every
person who shall wilfully make, or cause to be made,
for the purpose of being inserted in any register of marriages
any false statement touching any of the particulars required
by this Ordinance to be known and registered, shall on
being convicted thereof be subject to the same pains and
penalties as if he were guilty of perjury.

21. Every person who shall knowingly and wilfully forge Forging or
or alter or falsely make, or shall offer, utter or dispose of, altering
knowing the same to have been forged or altered or falsely ronal bools
made, any register book or any licence, certificate, declara-
tion, entry or other statement mentioned in this Ordinance,
or any certified copy or translation thereof respectively, or



78



Destroving
or injuring
register
book,

Otfences by
unlicensed
Marriage
Officer

Prosecution
of offences,

Disposal of
Tees,

Regulations.

Ch. 29. No. 5.] Hindu Marriage.



shall wilfully insert in any such register book or certified
copy thereof any false entry of marmage, or shall certify
any writing to be a copy, a translation or an extract of any
certificate or register book, mentioned in this Ordinance,
knowing the same to be false in any part thereof, or shall
forge or counterfeit the seal of the Registrar General, shall
be guilty of felony and lable on indictment to imprison-
ment for seven vears.

22. Any person who shall unlawfully and maliciously
destroy or injure, or cause to be destroyed or injured, any
register book or any licence, certificate, declaration, entry
or statement mentioned in this Ordinance, or any certified
copy or translation thereof respectively, shall be guilty of
felony, and liable on indictment to imprisonment for five
years.

23. Anv person who without being duly licensed as a
Marriage Officer—

(a) knowingly or wilfully solemnizes any marriage
purporting to be a marriage under the provisions of
this Ordinance; or

(b) knowingly and wilfully makes or signs any certifi-
cate or signs any declaration required by this Ordinance
to be made or signed by a Marriage Officer,

shall be guilty of felony and liable on indictment to
imprisonment for three years.

24. No prosecution for any felony under this Ordinance
shall be commenced after the >-xpiration of three years
from the commission of the offence nor without the written
consent of the Attorney General.

25. All fees received by the Registrar General under this
Ordinance shall be paid into the Treasury for the use of
the Colony.

26. The Governor in Council may make such regulations
as may be necessary for the proper carrying out of the



Hindu Marnage. [Ch. 29. No. 5.

provisions of this Ordinance and more ccpecially may
prescribe

(a) the place or places at which shall be situate
the offices of the several District Registrars;

(b) the form of any certificate, declaration, register
or other document required for the purposes of this
Ordinance ;

(c) the conditions under which registers or other
documents may be inspected,

(d@) the fees to be paid in respect of anything
required or permitted to be done under the provisions
of this Ordinance, and provision for their remission on
account of the poverty of the parties or for other good
reason:

Provided that, until varied or revoked by any such
regulations, the regulations contained in the Schedule
hereto shall be in force.

27. Sections 13, 14 and 16 to 23 inclusive of the Immigra-
tion (Indian) Ordinance, shall as from the commencement
of this Ordinance, no longer apply to an immigrant (as
defined in section 12 of that Ordinance) who belongs to the
Hindu faith or religion, and to that extent the said sections
are hereby modified: Provided that such modification shall
not in any manner affect the validity of any record or entry
lawfully made in any register or of any act or thing lawfully
done under and by virtue of the provisions of the said
sections.

28. Nothing in this Ordinance contained shall be con-
strued to prevent or disable any Hindu from contracting
a civil marriage before the Registrar according to the
provisions of the Marriage Ordinance.

{SCHEDULE.

79

Schedule,

Sections 13,
14 and 16 to
23 of Ch. 20.
No. 1, not to
apply to
Hindus.

Civil
marriage
permissible.



80

(Section 26.)

(Section 5.)

Ch. 29. No. 5.] Hindu Marriage.

SCHEDULE.

Part [.—General.

1. The. Regulations may be cited as the Hindu Marriage Regulations.

2. The fees set forth in Part II of this Schedule shall be payable in
respect of the matters therein specified.

3. The forms set forth in Part ITT of this Schedule shall be the forms to
be used in respect of the matters therein specified: Provided that
Forms B and C may be in English or Hindi.

Part II.—Fees.

Marriage registration fec—
If marriage certificate drawn up in Hindi 72 cents.
If marriage certificate drawn up in English 60

(Payable to District Registrar by Marriage Officer
transmitting certificate of marriage.)

On issue of certificate of registration of marriage 60
For every search in any register book 24
For every certified copy of any entry 48

Part III.—Forms.

TRINIDAD Form A.
THE HINDU MARRIAGE ORDINANCE
Licence to te a Marriage Officer.
A.B., being a priest of the sect of the Hindu Religion residing at

is hereby licensed as a Marriage Officer for the purposes of the Hindu Maris ge
Ordinance.



TRINIDAD AND ToBAGoO.

Hindu Marriage.

[Ch. 29. No. 5.



Form B.,

THE HINDU MARRIAGE ORDINANCE.

No.

Hindu Marriage
Certificate Book.



Counterfoil.

Date of marriage

Place of marriage
Ilusband's name and age
Wife’s name and age
Witnesses’ names—

No.

Hindu Marriage Certificate Book.

Certificate.

Marriage district 9 E S| . I
291 eo eo| sug] 4
ae| 83) oy [83/258 | aod
wE| su pus les Sad ed
gk 3% age |ua| O83 sEO
a a a A E od
E| a sODU |e?) of o's
o vo od So g uv
aslae) 22° |2%| Bea] 5 3
AU] ae} ° A a

(t)
(2)

Consent to marriage
was given by in
writing/in person*

Stgnature of
Marriage Officer.

Certificate forwarded to
District Registrar at
on day of
19

Signature of
Marriage Officer.

t Registered on the
day of ,19

Signature of
Marriage Officer.

*Deletc if not applicable.

| Tobeiilledin by Marriage
Officer when notified by
Registrar.



Signature or mark of parties to the marriage

(1)
(2)
Signature of witnesses (1)
(2)
1 of , a Hindu Marriage Officer

certify that a marriage between the abovementioned
parties in accordance with the Hindu Law of Marriage
and the Hindu Marriage Ordinance was solemnized by
me on the day of , 19 (and that
the consent of to the said marriage was
given in writing/in person).*

Signature of Marriage Officer.

Signature of District Regtstrar for
Marriage District of

District Registrar.
Date

*Delete if not applicable.



T.—IV.



82

(Section 14.)

Ch. 29. No. 5.] Hindu Marriage.

TRINIDAD AND TOBAGO. Form C.
THE HINDU MARRIAGE ORDINANCE.

DECLARATION FOR PURPOSES OF SECTION 14.



Names of
Date or Husband's Wife's name Names and children who
approximate name and and age at | sex of children, | are dead, with
date and place age at date date of with date of | date and placc
of marriage. of marviage. Marriage. birth. of death.
I of , and I, his wife respectively do solemnly and

sincerely declare as follows :—
1. The details of the marriage set out above are true and such marriage was in
accordance with the Hindu Law relating to marriage.
2. That at the date of such marriage we were domiciled in the Colony.
3. That such marriage is still subsisting according to the Hindu Law at the date
hereunder written.
Declared at this Signature or mark of parties:
day of ,19 before me (1)
(2)
Signature of witnesses who identify
the parties :—

Marriage Officer (1)
(2)

i, of , a@ Hindu Marriage Officer appointed under the Hindu
Marriage Ordinance do hereby certify as follows:—

1. That the parties to the marriage specified above are desirous of registering
such marriage under the said Ordinance.

2. That I have enquired into the circumstances of such marriage and to the best
of my knowledge, information and belief the details specified above are true and
such marriage was in accordance with the Hindu Law and is still subsisting between
the said parties at the date hereunder written.

Dated this day of ,19
Marriage Officer.

Dated this day of 19 and countersigned by

District Registrar of Hindu Marriage for
Marriage District of



Hindu Marriage. (Ch. 29. No. 5. 83



IktnmpaD AND ToBaco. Form D. (Section 15.)
THE HINDU MARRIAGE ORDINANCE.
Hindu Marriage Register Book.



tegistered No. Marriage District.

2 eo uO bh

a9 Eu | oy ef | 28 | su

= te Vo a. —2 yy . we) o uw

he ao Bay 2 aus | agua bp ea
& a 3 wn au = n “ n he On

ge an Ssu09 5 fo Lg v so as

=6 > 7 Year 2 = 38k won ne bio

Ss zz a ne on os E 5.2

a es aa . i) =U € op

qa OU oa eo2dg vey us Au

30 Ba a sto 2a 3 BO a

3a oo a8 = Es Ew ra ms

ao 2 bo oF =y al ao

a 7% oO 8 “



Registered this day of 19
Registrar of Hindu Marriages.

N.B.—In the case of registration of a marriage in existence prior to the Ordinance
the details to be entered shall be those appearing on the declaration and certificate

on Form C,

fRINIDAD AND TOBAGO. Form E. (Section]15.)
THE HINDU MARRIAGE ORDINANCE.
Certificate of Registration of Marriage.

This is to certify that a marriage solemnized by a Hindu Marriage Officer*

entered intof on the day of , 19 , between , of
and , was duly registered in accordance with the provisions of the Hindu
Marriage Ordinance on the day of 19

Registrar of Hindu Marriages.

*To be deleted in the case of registration of a marriage in existence prior to the

Ordinance.
+To be deleted when marriage solemnized under the Ordinance.

6 (2)



84 Ch. 29. No. 6.] Registers of Births, Deaths and Marriages.



CHAPTER 29. No. 6.
REGISTERS OF BIRTHS, DEATHS AND MARRIAGES.

cranance _ AN ORDINANCE TO PROVIDE FOR THE COPYING OF REGISTERS

Lage OF BIRTHS, DEATHS AND MARRIAGES AND TO DECLARE
THE LEGAL FORCE AND EFFECT OF SUCH COPIES.

Commence- [31st December, 1940.]

ment,

1. This Ordinance may be cited as the Registers of
Births, Deaths and Marriages Ordinance.

Interpre- 2. In this Ordinance—

ue ‘““entry ’’ means an entry in a register, or in a copy of
a register or part of a register prepared under this
Ordinance, relating to any one birth, death or
marriage ;

“register ’’ does not include any register of marriages
for which provision is made in the Muslim Marriage and
Divorce Registration Ordinance, or Hindu Marriage
Ordinance, or for which provision is, or was, made in any
law now or heretofore in force in the Colony relating
to immigrants, but, subject thereto, means a register
of births, deaths or marriages for which provision is, or
was, made in any law now or heretofore in force in the
Colony, and includes any such register in the custody
of the Registrar General which consists of copies or
duplicates of original entries.

Powers of 3. It shall be lawful for the Registrar General—

Registrar

General to (a) to inspect, without payment of fee, any register
fe oseese in the custody of any other person in order to ascertain
sion of its condition,

registers.

(b) to take temporary possession of any such register



Registers of Births, Deaths and Marriages. [Ch. 29. No. 6.



for the purpose of exercising the powers and performing
the duties conferred and imposed upon him by this
Ordinance.

4. (1) Whenever, in the opinion of the Registrar General,
the whole or any part of any register is, or is likely to
become, unserviceable by reason of its age or of damage or
otherwise, the Registrar General, with the approval of the
Governor in Council, may cause a copy of such register or
part thereof, as the case may be, to be prepared.

(2) If any entry, or part of an entry, in the register is
illegible the copy shall be completed, as far as possible, from
any corresponding entry in any other register.

(3) All copies prepared under this section shall be
checked by such persons and in such manner as the Registrar
General shall direct.

5. It shall be lawful for the Registrar General, with the
permission of the Governor in Council
(a) to destroy the whole or any part of any register
which, in the opinion of the Registrar General, is
unserviceable ;

(b) to cause any copy prepared in accordance with
the preceding section to be bound as a new register,
or to be substituted in an existing register for any part
thereof which he is authorised in accordance with this
section to destroy.



6. (1) Whenever, in accordance with the provisions of this
Ordinance, copies of a register, or of any part thereof, have
been prepared checked and bound as a new register, the
Registrar General shall endorse in such new register a
certificate substantially in form A in the Schedule hereto.

(2) Whenever, in accordance with the provisions of
this Ordinance copies of any part of a register have been
prepared checked and substituted in such register, the
Registrar General shall endorse in such register a certificate
substantially in form B in the Schedule hereto.

(3) The Registrar General shall sign and date every
certificate endorsed by him under this section.

85

Preparation
fo copies of
Tegisters.

Powers of
Registrar
General in
relation to
registers and
copies.

Certificates
of Registrar
General.



86

Effect of
Registrar
General's
cerlificate.

Spec
ptoevision
relating to
marriage
Tegisters.

Ch. 29. No. 6.] Registers of Births, Deaths and Marriages.

7. (1) With effect from the date of any certificate of the
Registrar General endorsed in a new register in accordance
with the preceding section, such new register shall have the
same force and effect for all purposes, including the purposes
of this Ordinance, as if it were the register, or part of a
register, of which it is a copy, and such register or part of a
register, as the case may be, shall cease to have any force
or effect.

(2) With effect from the date of any certificate of the
Registrar General endorsed in an existing register in accord-
ance with the preceding section, the entries to which it
relates shall have the same force and effect for all purposes,
including the purposes of this Ordinance, as if they were the
entries for which they have been substituted and the latter
entries shall cease to have any force or effect.

(3) When a certificate of the Registrar General has
been endorsed in accordance with the preceding section it
shall be presumed unless the contrary is proved that all
the provisions of this Ordinance have been complied with
in respect of the new register or the entries to which it
relates. °

8. (1) Ifit shall appear to the Registrar General that any
marriage has been duly registered in the register of the
officer or person by whom the marriage was solemnized
(which officer or person is in this section referred to as “ the
Marriage Officer’’) but has not been registered in the
corresponding register in the custody of the Registrar
General, it shall be lawful for the Registrar General, with

_the approval of the Governor in Council, to cause a copy

to be prepared of the entry relating to such marriage in the
register of the Marriage Officer and to insert such copy in the
appropriate register in the custody of the Registrar General.

(2) Every such copy shall, before being so inserted, be
checked by such person and in such manner as the Registrar
General shall direct.

(3) The Registrar General shall endorse on every such
copy a certificate substantially in form C in the Schedule
hereto and shall sign such certificate and shall date such
certificate as of the date on which it is inserted in the
register.



Registers of Births, Deaths and Marriages. (Ch. 29. No. 6.

(4) Every such copy, on being inserted in the Registrar
General’s register and certified in the manner provided in
this section, shall be of the same force and effect for all
purposes, including the purposes of this Ordinance, as if it
were an entry in such register made in accordance with the
provisions of law (other than this Ordinance) which are, or
were, applicable to the registration of the marriage.

9. All expenses incurred in giving effect to the provisions
of this Ordinance shall be defrayed out of the public revenues
of the Colony. ;

THE SCHEDULE.

Form A.
I hereby certify that this register has been prepared in accordance with the
provisions of the Registers of Births, Deaths and Marriages Ordinance.
Dated
Registrar General.

Torm B.

I hereby certify that the following entries, namely, , have been
substituted in this register in accordance with the provisions of the Registers of
Births, Deaths and Marriages Ordinance.

Dated
Registrar General.

Form C.

I hereby certify that this entry has been inserted in accordance with the provisions
of section 8 of the Registers of Births, Deaths and Marriages Ordinance.
Dated :

Regisirar General.

87

Incidence of
expense of
carrying out
the
Ordinance.



88 Ch. 29. No. 7.] Adoption of Children.



CHAPTER 29. No. 7.
ADOPTION OF CHILDREN.

rdinanees | AN ORDINANCE TO MAKE PROVISION FOR THE ADOPTION
NO. Fi 2.

15-1948, OF CHILDREN.

Commence- [13th June, 1947.]

ment,

Short title.

1. This Ordinance may be cited as the Adoption of
Children Ordinance.

Interpre-
tation.

2. In this Ordinance—
adopter ’’’ means a person who is proposing to
adopt, or who has adopted a child, whether in pur-
suance of an adoption order or otherwise;
adoption order ’’ means an adoption order for the
purposes of this Ordinance and includes an interim
order made under section 13;

child ’’ means a person under the age of twenty-one
years who has never been married,

Court means any court having jurisdiction to
make adoption orders under this Ordinance;

guardian in relation to a child means a person
appointed by deed or will in accordance with the
provisions of the Infants Ordinance, or by a court
of competent jurisdiction, to be his guardian;
“relative ’’’ means a grandparent, brother, sister,
uncle or aunt, whether by consanguinity or affinity, and
in the case of an illegitimate child, a person who would
be so related if the child were legitimate.

Establish: 3. (1) For the purposes of this Ordinance a Board to be

Adoption called the Adoption Board (in this Ordinance hereinafter
Oat.



Adoption of Children. [Ch.29. No. 7.



referred to as the Board) shall be constituted which shall
consist of a Chairman and not more than five persons to be
appointed by the Governor.

(2) At any meeting of the Board from which the
Chairman is absent the members present shall appoint one of
their number to officiate as Chairman of that meeting.

(3) The quorum of the Board shall be three.

(4) The Governor may appoint any person to act in the
place of any member of the Board in case of the absence or
inability to act of such member.

(5) The Board shall have power to regulate its pro-
cedure.

(6) The Board may appoint a fit and proper person
to be Secretary to the Board and may determine the duties
to be performed by such Secretary.

(7) The Board may appear and be represented at any
stage of the proceedings in a court by the Secretary or by
any person generally or specially authorised by the Board.

4. (1) It shall not be lawful for any person other than the
Board to make any arrangements for the adoption of a
child.

(2) If any person takes part in arranging an adoption
or in the management or control of a body of persons other
than the Board which exists wholly or in part for the purpose
of making arrangements for the adoption of children, he
shall, on summary conviction, be liable to imprisonment
for a term not exceeding six months, or to a fine not exceed-
ing one thousand dollars, or to both such impnsonment and
such fine.

(3) For the purposes of this Ordinance, a person shall
be deemed to make arrangements for the adoption of a child
if he, not being the parent or guardian of the child, enters
into or makes any agreement or arrangement for, or for
facilitating, the adoption of the child by any other person,
whether the adoption is effected, in pursuance of an adoption
order or otherwise, or if he initiates or takes part in any
negotiations of which the purpose or effect is the conclusion
of any agreement or the making of any arrangement therefor,
or if he causes another so to do.

89

Ord.15-1948.

Restriction
on making
arrange-
ments for the
adoption of
children.



90

Nuties of
Board.

Provisions
relating to
arrange-

ments made

by Board.

Ch. 29. No. 7.] Adoption of Children.



5. It shall be the duty of the Board—

(a) to receive applications from parents, guardians
and adopters in respect of the adoption of children;

(b) to make such investigations concerning the
adoption of children for the consideration of the Court
as may be prescribed under section 9;

(c) to act as guardian ad /item of any child in respect
of whom an adoption order is sought.

6. (1) Where arrangements are made by the Board for
the adoption of a child, an application to the Court for an
adoption order in respect of the child shall not be made by
the adopter until the expiration of a period of six months
from the date upon which the child is delivered into the care
and possession of the adopter pursuant to the arrangements
and at any time during that period

(a) the adopter may give notice in writing to the
Board of his intention not to adopt the child; or
(b) the Board may cause notice in writing to be given
to the adopter of its intention not to allow the child
to remain in the care and possession of the adopter,
and where a notice is so given, the adopter shall, within
seven days of the date on which the notice was given, cause
the child to be returned to the Board, and the Board shall
receive the child accordingly

(2) The Board shall appoint one or more persons whose
duty shall be to keep the child under close supervision during
the said period of six months in accordance with regulations
made under this Ordinance.

(3) If, at the expiration of the said period of six months,
no notice has been given as aforesaid, the adopter shall
within three months from the date upon which that period
so expired apply to the Court for an adoption order in
respect of the child or shall give notice in writing to the
Board of his intention not to apply for such an order, and,
where notice is so given or where an application for an
adoption order in respect of the child is refused by the
Court, the adopter shall, within seven days of the date on
which the notice was given or of the date upon which the
application is so refused, as the case may be, cause the



Adoption of Children. |Ch. 29. No. 7.

child to be returned to the Board, and the Board shall
receive the child accordingly.

(4) Any person who contravenes the provisions of this
section shall be liable, on summary conviction, to imprison-
ment for a term of six months, or to a fine of two hundred
and fifty dollars or to both such imprisonment and such
fine, and the court by which the offender is convicted may
order any child in respect of whom the offence is committed
to besreturned to his parents or guardian or to the Board,

7. Where any person has made representations to the
Board with a view to the adoption of a child, and the
Board is of the opinion that the adoption of the child by such
person would not be in the best interests of the child, the
Board shall notify) such person accordingly, and such
person may appeal trom the decision of the Board to a Judge
of the Supreme Court in a summary way

8. Where the child in respect of whom an adoption order
is sought is an inmate of a certified school as defined by
section 29 of the Children Ordinance, the managers of the
school may, with the consent of the Governor, and notwith-
standing anything contained in section 56 or section 57 of the
said Ordinance, sanction the unconditional release of the
child from the school for the purposes of the adoption,

9. (1) The Governor in Council may make regulations——-

(a) for regulating the conduct of negotiations entered

into by or on behalf of the Board with persons having

the care and possession of children who are desirous

of causing children to be adopted, and in particular
for securing

(i) that, where the parent or guardian of a

child proposes to place the child at the disposition

of the Board with a view to the child being

adopted, he shall be furnished with a memorandum

in the prescribed form explaining in ordinary

language the effect, in relation to his rights as a

parent or guardian, of the making of an adoption

order in respect of the child, and calling attention

to the provisions of this Ordinance and of any

OT

\ppeats by
persons
desirous of
adopting
children,

Regulations,



92

Ch. 29. No. 7.] Adoption of Children.

rules made hereunder relating to the consent of a
parent or guardian to the making of such an
order, and

(ui) that, before so placing the child at the
dispositicn of the Board, the parent or guardian
shall sign a document in the prescribed form
verifying that he has read or had read and under-
stood the said memorandum;

(6) for requiring that the case of every child proposed
to be delivered by or on behalf of the Board into the
care and possession of an adopter shall be considered
by a committee (to be called a “ case committee ’’)
comprised of not less than three members of the
Board;

(c) for prescribing, in the case of every such child as
aforesaid, the inquiries which must be made and the
reports which must be obtained by the Board in
relation to the child and the adopter for the purpose of
ensuring, so far as may be, the suitability of the child
and the adopter respectively, and, in particular, for
requiring that a report on the health of the child and
prospective adopter signed by a duly qualified medical
practitioner must be obtained by the Board,

(d) for securing that no such child shall be delivered
into the care and possession of an adopter by or on
behalf of the Board until the adopter has been inter-
viewed by the case committee or by some person on
their behalf, until a representative of the committec
has inspected any premises in the Colony in which the
adopter intends that the child should reside perman-
ently, and until the committee have considered the
prescribed reports;

(ec) for making provision for the care and supervision
of children who have been placed by their parents
or guardians at the disposition of the Board;

(f) generally for carrying out the purposes of this
Ordinance.

(2) Any person who contravenes or fails to comply with

any of the provisions of a regulation made under this
section shall be liable, on summary conviction, to a fine of
one hundred and twenty-five dollars and, in the case of a



Adoption of Children. [Ch.29. No. 7.

second or subsequent conviction, to a fine of two hundred
and fifty dollars.

10. (1) Upon an application in the prescribed manner by
any person desirous of being authorised to adopt a child, the
Court may, subject to the provisions of this Ordinance, make
an adoption order authorising the applicant to adopt that
child.

(2) Where an application for an adoption order is
made by two spouses jointly, the Court may make the order
authorising the two spouses jointly to adopt, but save as
aforesaid no adoption order shall be made authorising more
than one person to adopt a child.

11. (1) An adoption order shall not be made in ary case
where—

(a) the applicant is under the age of twenty-five
years, Or

(0) the applicant is less than twenty-one years older
than the child in respect of whom the application
is made: Provided that it shall be lawful for the
court, if it thinks fit, to make an order.

(i) notwithstanding that the applicant is less
than twenty-five years of age, if the applicant
is the mother of the child; or

(11) notwithstanding that the applicant is less
than twenty-one years older than the child, if the
applicant and the child are within the prohibited
degrees of consanguinity, or if the application is
made by or on behalf of two spouses jointly and
the wife is the mother of the child or the husband
is the putative father of the child.

(2) An adoption order shall not be made in any case
where the sole applicant is a male unless the Court is satisfied
that there are special circumstances which justify as an
exceptional measure the making of an adoption order.



(3) An adoption order shall not be made except with
the consent of every person or body who is a parent or
guardian of the child in respect of whom the application is

made or who has the actual custody of the child or who is.

93.

Power to
make adop-
tion orders.

Restrictions
on making
adoption
orders.



04

Matters
with respect
to which
Court to be
satisfied,

Ch. 29. No. 7.] Adoption of Children.

liable to contribute to the support of the child: Provideci
that the Court may dispense with any consent required by
this subsection if satisfied that the person whose consent
is to be dispensed with has abandoned or deserted the child
or cannot be found or is incapable of giving such consent
or, being a person liable to contribute to the support of the
child, either has persistently neglected or refused to contri-
bute to such support or is a person whose consent ought, in
the opinion of the Court and in all the circumstances of the
case to be dispensed with.

(4) An adoption order shall not be made upon the
application of one of two spouses without the consent of the
other of them: Provided that the Court may dispense with
any consent required by this subsection if satisfied that the
person whose consent is to be dispensed with cannot be
found or is incapable of giving such consent or that the
spouses have separated and are living apart and that the
separation is likely to be permanent.

(5) An adoption order shall not be made in favour of
ny applicant who is not resident and domiciled in the
Colony nor in respect of any child who is not a British
subject and so resident.

12. The Court before making an adoption order shall be
satisfied

(a) that every person whose consent is necessary
under this Ordinance and whose consent is not dispensed
with has consented to and understands the nature and
effect of the adoption order for which application is
made, and in particular in the case of any parent
understands that the effect of the adoption order will
be permanently to deprive him or her of his or her
parental rights,

(b) that the order if made will be for the welfare of
the infant, due consideration being for this purpose
given to the religious denomination of the parties and
to the wishes of the child, having regard to the age and
understanding of the child,

(c) that the applicant has not received or agreed to
receive, and that no person has made or given, or
agreed to make or give to the applicant, any payment



Adoption of Children. [Ch.29. No.7.



or other reward in consideration of the adoption except
such as the Court may sanction.

13. (1) If on application for an adoption order the Court
is of the opinion that a further probationary period is
desirable it shall have power to make an interim order not
‘xceeding two years.

(2) All such consents as are required for an adoption
order shall be necessary to an interim order but subject to
the power of the Court to dispense with any such consents.

14. The Court in an adoption order may impose such
terms and conditions as the Court may think fit and in
particular may require the adopter by bond or otherwise
to make for the adopted child such provision (if any) as in
the opinion of the Court is just and expedient.

15. (1) Upon an adoption order being made, all rights,
duties, obligations and liabilities of the parent or parents,
guardian or guardians of the adopted child, in relation to the
future custody, maintenance and education of the adopted
child, including all rights to appoint a guardian or to consent
or give notice of dissent of marriage shall be extinguished,
and all such rights, duties, obligations and liabilities shall
vest in and be exercisable by and enforceable against the
adopter as though the adopted child was a child born to the
adopter in lawful wedlock, and in respect of the same matters
and in respect of the liability of a child to maintain its
parents the adopted child shall stand to the adopter
exclusively in the position of a child born to the adopter in
lawful wedlock: Provided that, in any case where two
spouses are the adopters, such spouses shall in respect of the
matters aforesaid and for the purpose of the jurisdiction
of any court to make orders as to the custody and main-
tenance of and right of access to children stand to each
other and to the adopted child in the same relation as they
would have stood if they had been the lawful father and
mother of the adopted child, and the adopted child shall
stand to them respectively in the same relation as a child
would have stood to a lawful father and mother respectively.

Tower to
make
interim
orders,

Terms and
conditions
of order.

Effect of
adoption
order,



96 Ch. 29. No. 7.] Adoption of Children.



(2) An adoption order shall not deprive the adopted
child of any right to or interest in property to which, but for
the order, the child would have been entitled under any
intestacy or disposition whether occurring or made before
or after the making of the adoption order, or confer on the
adopted child any right to or interest in property as a child
of the adopter, and the expressions “ child ’’, ‘“‘ children ”’
and “issue ’’ where used in any disposition whether made
before or after the making of an adoption order, shall not,
unless the contrary intention appears, include an adopted
child or children or the issue of an adopted child.

(3) Where an adopted child or the spouse or issue of
an adopted child takes any interest in real or personal
property under a disposition by the adopter, or where an
adopter takes any interest in real or personal property under
a disposition by an adopted child or the spouse or issue of an
adopted child, any succession, Iegacy or other duty which
becomes leviable in respect thereof shall be payable at the
same rate as if the adopted child had been a child born to
the adopter in lawful wedlock.

(4) For the purposes of this section disposition
means an assurance of any interest in property by any
instrument whether zuter vivos or by will including codicil.

(5) For the purposes of the Friendly Societies
Ordinance, which enables societies to insure money to be
paid for funeral expenses, and which restricts the persons to
whom monev may be paid on the death of a child under the
age of ten, the adopter shall be deemed to be the parent of
the child; and where before the adoption order was made
any such insurance had been effected by the natural parent
of the child, the rights and Jiabilities under the policy shall
by virtue of the adoption order be transferred to the adopter,
and the adopter shall, for the purposes of the said Ordinance,
be treated as the person who took out the policy.

Power to 16. An adoption order or an interim order may be made
subsequent in respect of a child who has already been the subject of an
order in adoption order, and, upon any application for such further

respect of yy adoption order, the adopter or adopters under the adoption

subject to order last previously made shall, if living, be deemed to be

an order, the parent or parents of the child for all the purposes of this
p Pp purp

Ordinance.