so acknowledged before him, and the Names of the Person or Persons by whom such Acknowledgment was made, and the Time when the same was actually registered, and the Volume and Page in which the Registry thereof is entered; and every such Certificate so indorsed or subscribed shall be taken and allowed as Evidence of the due Registration of any such Deed, Conveyance or Assurance. of the Deed XXXI. And be it further enacted, That the Registrar of Deeds Registrar to shall and he is hereby required to enter in a Book of Registry, enter in the Book of Registo be by him regularly kept for that Purpose, a Memorial of every Deed, Conveyance or Assurance which shall be so acknow- try a Memorial ledged before him; and every such Memorial shall contain a acknowledged Statement of the Year and Day of the Month on which such before him. Deed, Conveyance or Assurance shall bear Date, the Names and Additions of all and every the Parties, as well as the Names and Additions, if any, of the several subscribing Witnesses thereto, the Descriptions at Length of the Lands or Tenements conveyed or intended to be conveyed, charged or affected by such Deed, Conveyance or Assurance, as the same are therein described, and the Consideration of every such Deed, Conveyance or Assurance, as the same may be thereinstated; all which Memorials shall be entered and recorded in the said Book of Registry with all convenient Dispatch, in the Order of Time in which the same may have been acknowledged before the said Registrar. XXXII. And be it further enacted, That every Deed, Conveyance or Assurance hereafter to be made, whereby any Lands or Tenements situate in Newfoundland, or the Dependencies thereof, shall be granted, conveyed, released, charged or incumbered, or intended so to be, which shall not be registered within the Time and in the Manner hereinbefore mentioned, shall be absolutely null and void to all Intents and Purposes: Provided always, that every such Deed, Conveyance or Assurance shall be deemed and taken to be a registered Deed, Conveyance or Assurance within the Meaning of this Act, from the Time when the Execution thereof shall be acknowledged in Manner aforesaid, before such Registrar of Deeds as aforesaid. XXXIII. And be it further enacted, That the Judges of the Supreme Court of Newfoundland shall be and they are hereby authorized to make any general Rules and Orders of Court for maintaining Order and Regularity in the Mode of taking such Acknowledgments, and registering such Deeds, Wills, Conveyances and other Assurances as aforesaid, and for executing the Duties of said Office of Registrar of Deeds; provided that such Rules and Orders be not in any wise repugnant to the Provisions of this present Act in that Behalf. . 'XXXIV. And Whereas the Justices of the Peace in Newfoundland have been used to grant Licences for the Retail of Ale and Spirituous Liquors, and it is proper to regulate the Sums to be demanded upon such Licences, and to make Provision for the Appropriation thereof, and for preventing Abuses in the granting of such Licences, and in the Sale of Spirits by un⚫ licensed Persons in the said Colony;' Be it therefore enacted, That it shall and may be lawful for the Governor or acting Governor of Newfoundland to make, establish and ordain such Rules and Ordinances as to him may seem meet, respecting the granting 5 GEO. IV. Y of Deeds hereafter to be made, conveying Lands, &c. not duly registered, declared void. Supreme Court authorized to make Rules and Orders for the Registry of Deeds, &c. Governor may make OrdiDances for granting Li cences for Retail of Ale and Spirits, and Appropriation of Sums arising thereby. His Majesty may grant Charters for establishing Corporations for the Govern ment of Towns. Continuance of Act. 57 G.3. c.51. of such Licences, and the recalling the same, and the Amount of the Sums to be demanded and taken for every such Licence, and the Appropriation of such Sums to His Majesty's Service in the said Colony, and for preventing the Retail of Ale and Spirituous Liquors by Persons not duly licensed, and to impose such pecuniary Fines or other Penalties as may be necessary for enforcing Obedience to any such Rules or Ordinances as aforesaid. XXXV. And be it further enacted, That it shall and may be lawful for His Majesty, by Charter or Letters Patent under the Great Seal, to constitute and erect such Persons as to His Majesty shall seem meet a Body or Bodies Corporate and Politic, for the Government of any Town or Towns situate within the said Colony of Newfoundland or its Dependencies, and to grant to such Body or Bodies Politic and Corporate Power to make Bye Laws for regulating the Police of any such Town or Towns, and for the Prevention or Abatement of Nuisances therein, and for the Prevention of Accidents by Fire; and also to grant to any such Body or Bodies Politic and Corporate as aforesaid, the Power to impose and levy such reasonable and moderate Rates and Assessments upon the Inhabitants and Householders in such Town or Towns, as may be necessary for carrying into Effect the several Purposes aforesaid, or any of them; and it shall also be lawful for His Majesty, His Heirs and Successors, by any Örder or Orders to be made by or with the Advice of His or Their Privy Council, to dissolve any such Corporation or Corporations as aforesaid, upon and subject to such Conditions and Regulations as may be made in and by any such Order or Orders in that Behalf. XXXVI. And be it further enacted, That this Act shall continue and be in force for Five Years from the passing thereof, and no longer. CA P. LXVIII. An Act to repeal an Act passed in the Fifty seventh Year of WH HEREAS it is expedient that an Act made in the Fifty seventh Year of the Reign of His late Majesty King George the Third, intituled An Act to regulate the Celebration of Marriages in Newfoundland, should be repealed, and that further and more effectual Provision should be made for the Celebration of Marriages in Newfoundland; Be it therefore enacted by the King's most Excellent Majesty, by and with thẹ Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the Twenty fifth Day of March, in the Year One thousand eight hundred and twenty five, the said recited Act of the Fifty seventh Year of the Reign of His said late Majesty shall be and the same is hereby Marriages that repealed: Provided always, that all Marriages which have taken place at any Time before the passing of this Act in Newfound repealed. have taken land, to be valid. land, and which have not been declared and adjudged to be void place, not ador invalid by any Court of competent Jurisdiction, and all Mar- judged to be riages which shall take place in Newfoundland previously to the void, declared Twenty fifth Day of March in the Year One thousand eight hundred and twenty five, shall be and the same are hereby declared to be as good and valid as if the said recited Act had not been passed or made; any Thing in the said recited Act to the contrary in any wise notwithstanding. II. And be it further enacted, That all Marriages, which may hereafter be had in Newfoundland shall be celebrated by Persons in Holy Orders, except in the Cases hereinafter specially excepted and provided for. ، 6 ‹ III. And Whereas by reason of the great Extent of the said 'Island of Newfoundland, and the Want of internal Communication between the different Parts of the said Island during the greater Part of the Year, Difficulties have arisen with respect to the Solemnization of Marriages in various Settlements and • Stations there; and it is expedient that temporary Provision be 'made for the legal Solemnization of Marriages in such Settle'ments or Stations as aforesaid;' Be it therefore enacted, That it shall and may be lawful for One of His Majesty's Principal Secretaries of State, or for the Governor or Acting Governor for the Time being of the Colony of Newfoundland, to grant Licences or a Licence to celebrate Marriages within the said Colony or its Dependencies, to any Person or Persons who shall employ themselves or himself solely in the Duties of a Teacher or Preacher of Religion in the said Colony, and who shall not follow or engage in any Trade or Business, or other Profession, Occupation or Employment, for their or his Livelihood, except that of a Schoolmaster: Provided always, that no such Licence as aforesaid shall be granted to any such Persons or Person as aforesaid, unless they or he shall first have taken the Oath and subscribed the Declaration specified in an Act passed in the Fifty second Year of the Reign of His late Majesty King George the Third, intituled An Act to repeal certain Acts and amend other Acts relating to Religious Worship and Assemblies, and Persons teaching or preaching therein, and shall have produced a Certificate thereof to His Majesty's said Principal Secretary of State, or to the Governor or Acting Governor of Newfoundland, as the Case may be; or unless such Persons or Person shall take the said Oath and subscribe the said Declaration before the Governor or Acting Governor of the said Colony, who is hereby authorized and required to administer such Oath and to tender such Declaration to the Persons or Person requiring to take and make and subscribe the same. Marriages to be celebrated by Persons in Orders, Exception. Secretary of vernor may to Teachers or Preachers of Religion to celebrate Marriages within the Colony. Such Persons to take the Oath prescribed by 52 G.3. c.155. riages in Cases IV. And be it further enacted, That it shall and may be And emlawful for any Person, to whom any such Licence as aforesaid powered to ceshall be granted in Manner aforesaid, to celebrate Marriages be- lebrate Martween any Persons resident in the said Colony of Newfoundland herein menor its Dependencies, in any Case where, by reason of the Diffi- tioned. culty of the internal Communication between different Parts of the said Colony or its Dependencies, the Woman about to be married could not, without Inconvenience, repair from her ordinary Place of Abode, for the Purpose of contracting such Mar Y 2 riage, Celebrating Marriage where such Case does not exist. riage, to some Church or Chapel of or belonging to the Established Church of England wherein Divine Service is regularly performed; and if any such Person as aforesaid shall celebrate any Marriage by virtue of any such Licence as aforesaid, in any Case wherein such Inconvenience as aforesaid shall not exist, the Person so offending shall incur and become liable to the Payment of a Fine not less than Ten Pounds, nor more than Fifty Pounds British Sterling Money, and shall forfeit and be deprived of such his Licence: Provided nevertheless, that every Marriage actually celebrated within the said Colony or its Dependencies by any Person having any such Licence as aforesaid, shall be good and valid to all Intents and Purposes, and shall not be Marriage valid. rendered invalid by reason of any such Illegality as aforesaid on the Part of the Person celebrating the same. Penalty. To be in Presence of Two Witnesses. Penalty. Certificate of V. And be it further enacted, That no such Person to whom any such Licence may be so granted as aforesaid shall celebrate or perform Marriage between any Persons in Newfoundland, except in the Presence of Two credible Witnesses; and if any such Person shall celebrate or perform any Marriage between any Persons in Newfoundland, except in the Presence of Two credible Witnesses, he shall incur and become liable to the Payment of a Fine not less than Ten Pounds nor more than Fifty Pounds British Sterling Money; but the Want of such Witnesses shall not invalidate the Marriage. VI. And be it further enacted, That every Person by whom Marriages cele- any Marriage shall be celebrated or performed in Newfoundland brated by liat any Time after the Twenty fifth Day of March in the Year censed Persons One thousand eight hundred and twenty five, shall, under the to be delivered to Minister of Penalty of Five Pounds British Sterling Money, within Twelve Established Form of Certificate. Calendar Months next following such Marriage, deliver or cause to be delivered to the Secretary of the Governor or Acting Governor of the said Island, or to the Incumbent or Officiating Minister of some Church or Chapel of the Established Church of England, in the Towns of Saint John's Harbour, Grace in Conception Bay, or Trinity Harbour in Trinity Bay, in the said Island, a Certificate thereof in Writing, subscribed with his own Name, and with the Names or Marks of the Parties married, together with the Names of Two credible Witnesses present at such Marriages; and every such Certificate shall be made in Form following; (that is to say), Marriage solemnized at Island of Newfoundland: THIS is to certify, That A. B. [the Man married] of > were married at in the Year of our Lord this by me, E. F. in the [Clergyman in Holy Orders, or Preacher licensed to celebrate Marriages.] SA. B. This Marriage was solemnized between us, and C. D. G. H. of Į Witnesses present at the In the Presence of us, said Marriage.' VII. And tered in the Re VII. And be it further enacted, That whenever any such Cer- Such Certifitificate of Marriage as aforesaid shall be delivered to the Secre- cates to be entary of the Governor, or to the Incumbent or Officiating gister Book of Minister of any such Church or Chapel of the Established Church Marriages. of England as aforesaid, he shall, within Seven Days next after the Receipt of every such Certificate, and upon the Payment or Tender to him of One Shilling and no more, enter or cause to be entered a true and correct Copy thereof in a public Book or Register of Marriages, to be by him kept for that Purpose; and such public Book or Register shall be kept and remain at the Office of the said Secretary, or at such Church or Chapel of the Established Church of England as aforesaid, and shall be open to the Inspection of any Person or Persons requiring to consult or examine the same, at all convenient Hours; and the said Secretary, or the said Incumbent or Officiating Minister, shall make and deliver to any and every Person who shall demand the same, a true Copy of any Entry contained in the said public Book or Register of Marriages, attested by him, in the Form following; (that is to say), A true Copy, extracted from the Public Register < by me, K. L. Government Secretary, or Incumbent, or 'Officiating Minister of such Church or Chapel.' And the said Government Secretary, or the said Incumbent or Officiating Minister of such Church or Chapel, shall carefully preserve and file all the original Certificates of Marriage, so that Reference may be had to the same in like Manner as to the said Register. A Copy of the given. VIII. And be it further enacted, That any such Public Book of RegisBook or Register of Marriages in Newfoundland, or such attested ter or attested Copy as aforesaid of any Entry in any such Public Book or Copy to be Register of Marriages, the Handwriting of the said Government Evidence. Secretary, or of the attesting Minister being duly proved, shall be deemed and taken to be, and shall for all Purposes be received as good and sufficient Evidence of the due Celebration of any Marriage in Newfoundland, which by such Book or Register, or by such attested Copy, shall appear or purport to have been celebrated; and every such Marriage shall, upon the Production of such Book or Register, or of such attested Copy, and Proof as aforesaid, be deemed and taken to have been duly performed and celebrated. Proviso for IX. Provided always, and be it enacted, That nothing in this Act contained relating to Marriages in Newfoundland shall extend to any Marriages amongst the People called Quakers, or amongst the Persons professing the Jewish Religion, where both the Parties to any such Marriage shall be of the People called Quakers or Persons professing the Jewish Religion respectively. X. And be it further enacted, That this Act shall continue and Continuance of be in force for Five Years from the passing thereof, and no Act. longer. Y 3 CAP. |