Ordinances enacted by the governor of the Straits Settlements with the advice and consent of the Legislative Council thereof during the year 1898

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ORDINANCES ENACTED

BY THE

GOVERNOR OF THE

STRAITS

SETTLEMENTS

LEGISLATIVE DURING

THE

COUNCIL YEAR

1898.

SENGAPORE

PRINTED AE

HE

GOVERNMENT

PRINTING OFFICE,

1904.

UCP aii LAW Libianr

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LIST oF

ORDINANCES

PASSED

DURING

THE

YEAR

1898 I—An

Ordinance

for

the

Resident-General of

IL--An

States,

Ordinanee

to

Incorporation

the

of

Federated

foe

authorize

the

Commissioners of the Town

PAGE.

the

Malay

Municipal

of Singapore

to acquire free from any Trusts the Building at Singapore known as the Town Hall and to regulate the Constitution and Proceedings of a Committee called “The Dia-

mittee,’

IIf—An

Memorial Com-

w

mond Jubilee Permanent Ordinance

to

consolidate

the Law relating to the Marriages of Persons professing the Christian Religion, ...

IV.—An

Ordinance to consolidate and

amend

Law relating to Pawnbroke

the

\V.—An Ordinance for making Final Pro Vi

the Public Service for the year 1897,

‘An

VIL—An

VIE.—An

Ordinance to amend

dure Ordinance 1878,”

“The

Civ

.

Ordinance to amend “The tribution Ordinance 1896,"

IX.—An

Ordinance to amend

Ordinance 1897.”

“ The

Defence

Con-

Pilgrim

Ships:

.

X.—An Ordinance relating to Lepers,. —An

Ordinance to prevent the

XIV.—An

Importation of

certain Japanese Coins called Yen,

NII.—An Ordinance to amend “The of Deeds Ordinance 1886,"

XIIL—An

.

Ordinance for extending the Obj ts of the New Harbour Dock Company Limited,

........+

Registration

Ordinance to amend “ The Summary

minal Jurisdiction Ordinance 1872,” Ordi

Public

tized by GO

; for making

provision

ervice for the year 189g,

gle

for

Cri

.

the

UNIVERSITY(

F MINNESOT:

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INDEX. PAGE. Christian Marriage (No. TET), C

...-

il Procedure Ordinance Amendment (No. VI),

Defence Contribution Ordinance Amendment

sesceseeeses

“No. VIL).

Final Supply No. V), ... Importation of Yen Prohibition (No. XI) Lepers (No. X). veseaee New Harbour Dock Company Limited (No. VII), .... Pawnbrokers (No. IV), Pilgrim Ships Ordinance Amendment (No. IX), ..

...

Registration of Decds Ordinance \mendinent (No. XII)... Resident-General of the Federated

Malay

States

gle

51 65 61 33 3t 39 67

Incorpora-

tion (No. I), ... veces tesvesseisennseunesnesees ‘Singapore Town Hall (No. 11), Summary Criminal Jurisdiction Ordinance Amendment (No. XID yee be nnn Supply (No. XIV). ves . .

tized by GO

58

2

1

68 68

UNIVERSITYOF MINNESOTA

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ORDINANCE

No.

I OF

1898.

An Ordinance for the Incorporation of the Resident-General of the Federated Malay States,

[7th March, 1808.\ C. B. H. MITCHELL, Governor and Commander-in-Chief. HEREAS it is expedient for conveyancing purposes toi corporate

the

Resident-General

of

the

lFederated

Malay

Preamble,

States : It is hereby enacted by the Governor of the Straits Settlements with the advice and consent of the Legislative Council thercof as follows :—

1. This Ordinance may be cited as “The Resident-General of the Federated Malay States Incorporation Ordinance 1898.” @. In this Ordinance the expression “ Federated Malay States " shall mean the Protected Malay Sta’es of Perak Selangor Pahang and the Negri Sembilan.

Short title, Definition.

3. Sir FRANK ATHELSTANE SWETTENHAM Knight Commander Incorporation of the Most Distinguished Order of Saint Michael and Saint George of the Resident-General of the lederated Malay States and his successors Resident, of shall be a body corporate and shall for the purposes of this Ordinance General the Fed at have the name of “ The Resident-General of the Federated Malay Malay States, States" and by that name have perpetual succession and shall and may have and use a corporate seal and the said seal may from time to time break change alter and make anew as to the said Corpora-

tion may seem fit and the said Corporation is hereby empowered to acquire purchase take hold and enjoy moveable and immoveable property. of every description and to sell convey assign surrender and yield up mortgage demise re-assign transfer or otherwise dispose: of any moveable and immoveable property vested in. the said Corporation upon such terms as to the said Corporation may seem fit.

4. All deeds documents and other instruments requiring the Corporation shall be sealed with the seal of the seal of the s said Corporation in the presence of the said FRANK ATHELSTANE SWETTENHAM or in the presence of his successor for the time being holding or acting in the Office of Resident-General of the Federated Malay States and shall also be signed by the said FRANK ATIF STANE SWETTENHAM or by his successor and such signing shall be and be taken as sufficient evidence of the due sealing of such

deeds documents and other instruments,

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s

TL oF

£898.)

SINGAPORE

TOWN

HALL.

5. A Notification in the Gazette of the appointment of any per son to hold or act in the Office of Resident-Gencral of the Federate

Malay States shall be conclusive evidence that such person was dul

so appointed,

6. For the purposes of “The Acquisition of Purposes Ordinance 1890” the Resident-General Company for Malay States shall be deemed to be a Company and the purposes appointed by him and authagised by the Governor of Ordinance be deemed to be an Officer of such Company. VIL of 1890. 7.

Crown and others, Ordinances NIV and XV ot 1897 repealed

Nothing

in this

Ordinance

Land for Publi of the Federatec any person dul: in’ Council sha

contained

shall affect the right

such as are mentioned

in this Ordinance ar

of Her Majesty the Queen or of any bodies politic or corporate other persons

except

those claiming by from or 8. “The Acquisition Ordinance 1897" and the Resident-General of the eleventh day of November

under them. of Land for Public Purposes Extensio Ordinance for the Incorporation of th Federated Malay States passed on th 1897 are hereby repealed.

ORDINANCE An Ordinance to of the Town of the Building at to regulate the

Na,

II oF

1898.

authorize the Municipal Commissioner Singaporeta acquire free from any Trust Singapore known as the Town Hall an Constitution and Proceedings of a Com

mittee called “ The Diamond Jubilee Permanent rial Committee.”

[2rst March, 1808.)

C. B. H. MITCHELL, Governor and Commander-in-Chief. Preamble

7 HEREAS the present Tow} portion of the land

Memo

Hall at Singapore situate on

comprised in

Government

Grant No.

dated the eleventh day of May pne thousand eight hundred an sixty-four and Council on

made

behalf

of

between

the

Her Majesty’

Secretary of the

cipal Commissioners of Singapore pf the

first.

of State

second

part and

for

Indiai

the Muni

part is now veste:

in the Municipal Commissioners of the Town of Singapore in fe

simple subject to certain trusts in favour of the public set fort ina deed which cannot now be found: And Whereas the sai:

Municipal Commissioners are dedirous of acquiring at the pric

of dollars

one

hundred

and

twenty

thousand

for the purpose of Municipal Offices free from

the

said

buildin

any trusts to whic

the same may now be subject: And Whereasa scheme for th crection of a new Town Hall ahd Assembly Rooms at Singa

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SINGAPORE pore

as a Permanent

TOWN

Memorial

HALL.

(IE oF

of tha completion

1898.)

of the sixtieth

year of Her Majesty’s reign has been} sanctioned by the Governor: And Whereas a Committec has bech appointed to carry such scheme into effect and it is expedient to. provide for the rezula-

tion of the proceedings of such Committee : It is hereby enacted

with the advice

follows :— 1.

This

by the Governor! of the Straits

and consent

Ordinance

Hall Ordinance

1898."

of “the

may

be

Legislative

cited

Settlements

Council thercol as

fas * The

Singapore

Town

2. For the purposes of this Urdinande-“The Municipal Commissioners” mean the Municipal Commissioners of the Town of Singapore “The Diamond Jubilee Permanciit) Memorial means the Committee entruste] with the crection

of the new Town

Committ: at Singapo:

Hall and Assembly Rooms originally constitu-

ted as follows

(1)—The Hon'ble the Colonial Secretary of the Colony

(2)—The Hon'ble the Colonial Engincer of the Colony appointed by the Governor; (3)—and Mr, WILLIAM NANSON (4)—and Mr. WALTER EGERTON

appointed by the Municipal Commissioners;

(5)—and the Hon'ble GeorGe SHEPPARD MURRAY (6)—and Mr. HuGu

Fort

appointed by the contributors 2 the moneys subscribed tor

the erection of the said new Town Hall and Assembly Rooms not

being the moneys contributed for such purpose out of the public funds of the Colony nor by the Municipal Commissioners of Singapore ; and t (7)—Mr. JOHN

appointed

mentioned

and now

REID CUTHBERTSON

by the six persons

whosc

constituted of the followinks

,

names

are last belore-

persons namely of the per-

sons fitstly secondly thirdly fourthly® fifthly and sisthly abovenamed and appointed as aforesaid and! of (7)—The Hon'ble JouN BURKINSHAW ©

in place of the seventhly above-named

person on his retiresix other members

ment from the said Committee

elected by the

and mean

as shall hereafter be appointed to

of the Committee :

fill vacancies

h other persoas the said

Committee.

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‘

short tink

Detinitions,

4

(LL OF

LSo8.;

SINGAPORE

“The old Town

Hall"

means

TOWN the

HALL.

land

buildings

and

premis

comprised in Government Grapt No. 8 dated the eleventh di of May one thousand eight hundred and sixty-four. “The new Town Hall" means the Town Rooms intended to be erected Jat Singapore

scheme

Commis ers to

vid Town ‘

Payment or

purelas money

Hall and Assemt in pursuance of t!

afore-mentioned.

8. The Municipal Commissjoners are hereby authorised at powered to acquire the old [Town Hall as their corporate pr: perty for the purposes of Manicipal Offices for the sum of o1 hundred and twenty thousand

dbllars.

‘

‘The said sum of one hunfired and twenty thousand dolls

shall be paid

by the Municipal!

Commissioners

into some

Bai

in Singapore to the credit of the Diamond Jubilee Permane “Memorial Committee and the ‘receipt of the Secretary and ty Members of the said Committee shall be a good discharge for tl

same.

Ol Town

Mall to vest’ Commis°

5.

On payment by the Munjcipal Commissioners of the afor

said sum of one hundred

and twenty thousand dollars

as aforesa

and in consideration of the samp the old Town Hall shall subje to section six hereof be deemedito be and be vested in the Municip

Commissioners in fee simple

hs their corporate property frec

and discharged from any trusty or conditions to which the san may now be subject save only the condition contained in tl aforesaid Grant No. 8 dated tha cleventh day of May one thousai

cight hundred and

sixty-four Jnamely that no building shall

hereafter erected on the said

ernment.

Comur's ets bo re

west purl pwrhies

6. shall

fland without

the sanction of Go

The sail sum of one hujdred and twenty thousand dolla bear interest at the rf of three-and-a-half per cent.

annum from the date of the payment of the same into such Bat

until the new ‘Town Hall shall be first opened or used and ghade on the thirtieth day of Jui and thirty-first day of December in cach year except as to t

completion of ment of such interest shall bz

new Town Hall

last payment of interest which shall he made the new Town Hall is first opened or used.

on the day on whi

If any of such payments of iaterest be in arrear

months

following

the days

appointed

for

such

for six calend

payments

beit

and uncontrolled user by the Municipal Commissioners old Town Hall shall absolutely cease and determine.

of t

made the restrictions imposed by section seven hereof on the fr Old Town me

_7.

Notwithstanding

the absolute

vesting

in the

Municig

ioners of the old ‘éwn Hall in manner aforesaidt Municipal.Commissioners until! the new Town Hall is first open

or used

the sume

shall use

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purposes

and permit

ho | be

as it is ttow

used

used

the

and

old Town

shall

Hallt

not make a

SINGAPORE

TOWN HALL,

alterations therein interfering with

the use of the same

Hall as it has during the year lastpast

8.

(HL oF

1898.

as a Town

been used.

Appointments to fill any vacahcy occurring in the said Dia-

Procedure for

as filing, follows :—I{the vacancy be caused jby the death or retirement of acandies on mond Jubilee Permanent Memorial [Committee

cither of the two persons appointed by

mty be made

the Municipal Commissioners

or of their successors respectively suth appointment shall be by the

Municipal Commissioners. If the vapancy be caused by the death or retirement of either of the s1id pefsons appointed by the contributors of th: moneys subscribed for the erection of the said new

‘Town Hall and Assembly Rooms nof being the moneys contributed

ior such purpose out of the public furfds of the Colony or by the

Municipal Commissioners of Singapofe then such appointment shall

be made by votes of a majority of thdse

present

at a_meeting

of

such contributors called by the Committee or by its Chairman for the purpose of making the appointmdnt. If the vacancy by the death or retirement of the ri lastly above-named or his

successor such appointment shall be made by the remaining members of the Committee, Notwithsthnding any irregularity in the calling or holding of the meeting of fe said contributors for making an appointment to fill a vacancy fin the said Diamond Jubilee Permanent Memorial Committee such appointment shall not for that reason be invalid. i 9. (1)—The said Diamond Jubileg

|

Permanent

mittee may from time to time make

dure

Memorial Com-

Rules for regulating

in summoning meetings of the

its proce-

Committee and in the transac-

tion of business at such meetings and as to the quorum of members of the Comiiiittee requisite to be present for the transaction of busi-

ness and as to a resolution carried bya majority or a specified ma-

jority of the votes of those present at k meeting being

deemed to be

the decision of the Committee and forjzenerally regulating the procedure,

(2)—Any such Rules which shall bd approved of by the Governor

and laid on the table at a meeting of the Legislative Council and be published Legislative one weck table shall nance.

in the Gazetée and Council at the next from the meeting have the same force

not disallowed by a resolution of the meeting thereof held not carlier than at whigh sich Rules were laid on the and effect as if enacted in this Ordi|

10 Nothing in this Ordinance shall affect the rights of Her Majesty the Queen Her Heirs and Successors of any bodies politic and corporate or of other persons except such as are mentioned in this

Ordinance and those claiming by from and under them, ,

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ing of the hts of the Crown and others.

o

LIL oF

1898]

CHKISTIAN

ORDINANCE

No.

MARRIAGE,

IIL OF

1898.

* An Ordinance to consolidate and amend the Law rela to the Marriages of Persons professing the Chris Religion,” [agrd August, J.

A.

Sy

SWETTENHAM,

Officer Administering the Government,

W#

ZREAS it is expedient to consolidate and amend the relating to the marriages of persons professing the C tian religion :— It is hereby enacted by the Governor of the Straits Settlem with the advice and consent of the Legislative Council thereo follows

Short title,

1,

Interpret tion, Chur Jan a Church of Seotland,

& Minor, » Native * Christians:

may be cited

as

“The

Christian

Marr

2. In this Ordinance unless there is something repugnant in subject or context—

“Preseribed.

* Chureh.

This Ordinance

Ordinance 1898."

“ Prescribed '” means prescribed by this Ordinance or by any R made under the provisions of this Ordinance;

“Church of England" and “ Anglican” mean and apply to Church of England as by law cstablished ; “Church of Scotland " means the Church of Scotland as by established ;

“Church of Rome " and “ Roman Catholic '” mean and apply the Church which regards the Pope of Rome as its spiritual hea “Church” includes any chapel or other building generally v

for public Christian worship ;

“Minor” means a person who has not completed the age twenty-one years and who is not a widower or widow; “Native” means a native of Asia not of European descent :

The expression “ Christians ” means persons professing the Ch tian religion. PART

I.

THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMD

3.

Every marriage between persons one or both of whom is

are a Christian or Christians shall be solemnized in accordance v

the provisions of the next following section and any sucl solemnized otherwise than in accordance with such provisi be void.

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i

CHRISTIAN

MARRIAGE,

‘HIT oF

1898.j

Marriages may be solemnized— () hy any person who has received episcopal ordination pro- Persons hy vided that the marriage be solemnized according to the rules rites ceremonies and customs of the Church of which he is a minister ii) by any clergyman of the Church of Scotland provided that such marriage be solemnized according to the rules rites ceremonies and customs of the Church of Scotland; (iii) by any Minister of the Presbyterian Church of England whose appointment as such Minister has been notified by the Colonial Secretary in the Gazette; (iv) by any Minister of Religion licensed under this Ordinance to solemnize marriages : (v) by or in the presence of a Marriage Registrar appointed under this Ordinance. 5. The Governor may grant licences to Ministers of Religion to Grant and solemni: marriages within the Colony and may revoke such licences.

6.

The Governor

may appoint one or more Christians either by

revocation a licences to lemnize carriages.

name or as holding any office for the time being to be the Marriage

Registrar or Marriage Registrars for any Settlement. Where there are more Marriage Registrars than one in any Settlement the Governor shall appoint one of them to be the Senior

Marriage Registrar.

When there is only one Marriage Registrar in a Settlement and When

such Registrar is absent from such Settlement or ill or when his office is temporarily vacant the First Magistrate of the Settlement

shall act as and be Marriage Registrar thereof during such absence

illness or temporary vacancy.

PART

II.

CONSENTS. 7. The father if living of any minor or if the father be dead the Consent of father or guardian of the person of such minor and in case there be no such guardian or guardian then the mother of such minor may give consent to the mother.

minor's marriage and such consent is hereby required for the same marriage unless no person authorized to give such consent be resi

dent in the Colony.

8. If any person whose consent is necessary to any marriage is of unsound mind or if any person (other than the father) without just cause withholds his consent to the marriage the parties intending marriage may apply by petition to the Supreme Court and the Supreme Court may examine the allegations of the petition in a

stimmary way; and if upon examination such marriage appears pro°

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Petition where a per. son wh consent i necessary is sane with. } tly consent holds Procedure on petition,

8

TTD

or

1898.

CHRISTIAN

per the Supreme

Court shall declare the marriage

marriage. Such

MARRIAGE.

to be a

pro

declaration shall be as effectual as if the person whose ci:

sent was needed had consented to the marriage and if he

has

hidden the issue of the Marriage Registrar's certificate such ce:

ficate shall be issued and the like proceedings may be had in re

tion to the marriage as if the issue of such certificate had not be forbidden.

PART

“Time fur solemnizing marriage. Exceptions,

III.

FIME AND PLACE AT WITCH MARRIAGES MAY BE SOLEMNIZED

9. Every marriage under this Ordinance shall be” solemniz hetween thé hours of six in the morning and seven in the evenins maemo Provided that nothing in this section shall apply to— (i) a clergyman of the Church of England solemnizing a m. riage under a special licence permitting him to do between certain hours other than between six int

morning and seven in the evening under the hand a

seal of the Titular Anglican Bishop of Singapore Labu

and Sarawak or his Commissary or Surrogate; or

ii) a clergyman of the Church of Rome solemnizing a m. riage between the hours of seven in the evening

and

in the morning when he has received a general or spec

licence in that behalf from his episcopal superior from such person as such superior has authorize:t

grant such licence ;

a marriage solemnized by a Minister of Religion licens

under

this Ordinance or by a Minister

of the

terian Church of England under a special lic

the

Governor

same;

in the

prescribed

form

Prest

authori:

iv) a marriage solemnized in the presence of a Marriage F gistrar under a licence from the Governor in the p scribed form authorising the same.

«for sole marti

10.

No clergyman of the Church of England

shall

marriage in any place other than a church unless there is no char belonging to the Church of England within

five miles distance

the shortest road from such place or unless he has received a spec licence authorising to do so under the hand and seal of the sz

‘Titular Anglican Bishop or his Commissary or Surrogate.

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f

CHRISTIAN

MARRIAGE,

LUT or 1898 7

9

PART IV. MARRIAGE SOLEMNIZED BY MINISTERS OF RELIGION LICENSED

UNDER THIS ORDINANCE OR BY MINISTERS OF THE PRESBYTERIAN CHURCII OF ENGLAND.

Notice of the Ordinance mean and include a Minister of the Presbyterian marriage. 11.

Whenever a marriage

is intended

to be

solemnized

by a

Minister of Religion which expression shall throughout this Part of intended

Church of England as well as a_ Minister of Religion licensed to solemnize marriages under this Ordinance one of the persons intend-

ing marriage shall give notice in writing according to the form

contained in the First Schedule hereto annexed or to the like effect to the Minister of Religion whom he or she desires to solemnize the

marriage and shall state therein— (#) the name and surname and the profession or condition of each of the persons intending marriage and whether each

is of full age or a minor; (4) the dwelling-place of each of them ;

(c) the time during which each has dwelt there; and

(d) the church or place other than a. church in’ which the marriage is to be solemnize Provided that

if either

of

such

mentioned in the notice during

stated therein that he or she has wards,

persons

more

dwelt

than

there

has dwelt

one

one

in the place

month it may be month

and up-

12. If the persons intending martiage desire it to be solemnized in a particular church and if the Minister of Religion to whom such notice has been delivered be entitled to officiate therein he shall cause the notice to be affixed in some conspicuous part of such church,

Publication notice.

of such

But if he is not entitled to officiate as

a minister in such church Return or the notice to the person who transfer of delivered it to him or deliver it to some other minister entitled to such notice.

he shall at his option

either

return

officiate therein who shall thereupon cause the notice as aforesaid.

to be affixed

18. If it be intended that the marriage shall be solemnized in a Notice of place other than a church the Minister of Religion on receiving the intended

notice prescribed in section eleven shall forward it to the Marriage marriage in place other Registrar of the Settlement who shall affix the same to some con- than achurch, spicuous place in his own office. 14.

When one of the persons intending marriage is a minor Copy of

notice to he every minister receiving such notice shall unless within twenty-four sent to hours after its receipt he returns the same under the provisions of

section twelve send by’the post or otherwisea copy of such notice to Registrar the Marriage Registrar of the Settlement or if there be more than when one

isa one Registrar of such Settlement to the Senior Marriage Registrar. party minor.

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HE ob

Procedure on receipt ol

15.0

rsgs

CHRISTIAN

MARRIAGE,

The Marri

case may be on

¢ Registrar as

receiving any such notice shall affix it to some ¢

spicuous place in his own office and_

copy of the said

notice

to be

the latter shall

sent to each

Registrars in the same Settlement who

shall

same in the manner above directed.

Issue of

16.

further caus

of the other Marri: likewise

publish

Any Minister of Religion consenting or intending to sol

nize any such marriage as aforesaid shall on being required so tc

by or on behalf of the person by

whom

the

notice was

given:

upon one of the persons intending marriage making the declarat

hercinafter required issue under his hand a certiticate of such no

Proviso.

having been given and of such declaration having been made. Provided—

(i) that no such certificate shall be issued until the expirat of four days after the date of the receipt of the notice by

minister;

(ii) that no lawful impediment be shewn to his satisfaction such certificate should not issue ; and (iii) that the issue of such

certificate

has

v

not been

forbidder

sixteen

shall not

manner hereinafter mentioned by any person authorised in that half.

17.

The certificate

mentioned

in

section

issued until one of the persons intending marriage has appea

personally before the minister and made a solemn declaration—

(a) that he or she believes that thereis not any impedimen

kindred or affinity or other lawful hindrance to the said marria, and when cither or both of the parties is or are a minor or mino (4) that the consent or consents required by Jaw has or have h

obtained thereto or that there is no person

resident

in the Col

having authority to give such consent as the case may be.

Pasver to

prohibit by

18.

Every person whose consent to a marriage is required ur

section seven

is

hereby

authorised

to

prohibit

the

issue

of

‘tice iin certilicate by any minister at any time before the issue of the s " "by notice in writing to such minister subscribed by the persor authorised with his or her name and place of abode and posit with respect to either of the persons intending marriage by rea of which he or she is so authorised as aforesaid. Procedure on , 18 If any such notice be received by: such minister he shall ceipt of

mninarity

ssue his certificate and shall not solemnize the said marriage he has examined into the matter of the said prohibition and is fied that the person prohibiting the marriage has no lawful autho for such prohibition or until the said notice is withdrawn by person who-gave it. 20. and the consent obtained

When cither of the persons intending marriage is am minister is not satisfied that the consent of the person wl to such marriage is required by section seven has k such minister shall not issue such certificate until the

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* CHRISTIAN

MARRIAGE

pirativa of fourteen days alter the

TLL

‘ipt by him

marriage.

or

ise

of the notice of

Issue of certifies nati from such minister under section sixteen such minister shall belore Christians, 21.

When any native Christian about to be married ta

a nu-

tice of marriage fo a Minister of Religion or applies for a certificate issuing the certificate

ascertain

whether

such

native

Christian

is

cognizant of the purport and effect of the said notice or certificate

as the case may be and if not shall translate or cause to be translated the notice or certificate to such native Christian into some lan-

guage which he understands. 22.

The certificate to be iss

by such minister shall be in the Form of

23.

After the issue of the certificate by the minister marriage

form contained in the Second like effect.

Schedule

hereto annexed

or to the

may be solemnized between the persons therein described according

Sulemniza

to such form or ceremony as the minister thinks fit to adopt : Provided that the marriage be solemnized in the presence of at least two witnesses besides the minister. as afore-

Certificate void if

void; and no person shall proceed to solemnize the said marriage until new notice has becn given and a certificate thereof issued

thin twe months.

24,

Whenever a marriage is not solemnized within two months

after the date of the certificate

issued

by such

minister

said such certificate and all proccedings (if any) thereon shall be in manner aforesaid.

PART

V.

REGISTRATION OF MARRIAGES SOLEMNIZED MINISTERS OF RELIGION.

BY

25. All marriages hereafter solemnized in the Colony between Marriages to be persons one or both of whom professes or profess the Christian reli- when gion except marriages solemnized under Part VI of this Ordinance registered. shall be registered in manner hereinafter prescribed, 26.

Every clergyman of the Church of England shall keep a Registration

register of marriages and shill register therein according to the tabular form set forth in the Third Schedule hereto annexed every marriage which he solemnizes under this Ordinance.

ofsolemnized marriages by

clergyman of the Chureh o gland. 27. Every clergyman of the Church of England shall scnd four Quarterly turns to times in every year returns authenticated by his signature of the Arche entries in the register of marriages solemnized at any place where and to ‘oli

he has any spiritual charge to the Registrar of the Archdeaconry to which he is subject or within the limits of which such place is situate

and to the Colonial Secretary respectively.

Such quarterly returns shall contain all the entrics of marriage contained in the said register from the first day of January to tl

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Contents ut

(ILL oF 1898.)

CHRISTIAN

MARRIAGE,

+

thirty-first day of March from the first day of April to the thi

day of June from the first day of July to the thirtieth day of Se tember and from the first day of October to the thirty-first day

December of each year respectively and shall be sent by suc

clergyman within two weeks quarters above specilied.

28.

Reyistratio

from

the expiration

of each

of t

very marriage solemnized by a clergyman of the Chur:

and returns — of Rome shall be registered by the person and according

to the for

of marriages directed in that behalf by the Roman Catholic Bishop of the Dioce

clergyma of or Vicariate in which such marriage is solemnized and such persc the Church of shall forward quarterly to the Colonial Secretary returns of tl Rome. entries of all marriages registered by him during the three montl next preceding.

Registration

29.

Every cl

yman of the Church of Scotland shall keep

Register of Marriages and shall re;

nd returns

er therein according to t

ofsolemnized marriages"by

tabular form set forth in the . Third Schedule :. . .

hereto annexed eve

Sora

prescribed in section twenty-seven of all such marriages.

ver ymanof marriage which he solemnizes under this Ordinance and shall fi

Ehurcho ward quarterly to. the Colonial Secretary returns similar to tho

Certain 80. Every marriage sulemnized by any person who has receiv marriages to episcopal but who is not a clergyman of ti Church beie Grits, registered England orordination of the Church of Rome or by any Minister of Religi

licensed under this Ordinance to solemnize marciages or by at

Minister of the Presbyterian Church of England shill immed ately after the soleannization thereof be registered in duplicate | the person solemnizing the same (that is to say) in a Marriage R gister Book tobe kept by him for that purpose according to t form contained in the Fourth

certificate in the same Book as a counterfoil.

Entries of

31.

such mar) rages te be

Schedule hereto

form altached

to the

annexed and al

Marriage

Re;

The cotry of such marriage in both the certificate and Me

riage Register Book shall be signed by the person solemnizingt marriage and also by the persons married and shall be attested|

two credible witnesses other than the person solemnizing the ma

riage present at its solemnization.

Every such entry shall be made in order from the beginning the end of the book and the number of the certificate shall corre

pond with that of the entry in the Marriage Register Book.

Certificate to

be forwarded to Marriage Rey copi sent to Colu-

32.

The

person solemnizing the marriage

shall forthwith

sey

rate the certificate from the Marriage Register Book and send within one month from the time of the solemnization to the M

riage Registrar of the Settlement in which the Marriage was sole

nized or if there be more Marriage Registrars than one to t ior Marriage Registrar who shall cause such certificate to copied intoa book to be kept by him for that purpose and sh sewl all the certificates which

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he has received

during the mon

CHRISTIAN

MARRIAGE,

[TL oF 1898.)

thereto as are

with such number and signature or initials added hereinafter required to the Colonial Secretary.

33. Such copies shall be entered in order from the beginning to tes, the end of the said book and shall bear both the number of the cer- to be entered tificate as copied and also a number to be entered by the Marriage and number.

Registrar indicating the number of the entry of the said copy in the ed.

said book according to the order in which ficate. 34.

he

The Marriage Registrar shall also add

receives such

each

certi-

last-mentioned

number of the entry of the copy in the book to the certificate with his signature or initials and shall at the end of every month send the same to the Colonial Secretary.

PART MARRIAGES 35.

SOLEMNIZED

MARRIAGE

Registrar to of entry to add number

certificate and send to Colonial

Secretary.

VI.

BY OR

IN

THE

REGISTRAR.

PRESENCE

OF

When a marriage is intended to be solemnized by or inthe

presence of a Marriage Registrar one of the parties

to such marriage

shall give notice in writing in the form contained in the First Sche-

dule hereto annexed or to the like effect to any Marriage Registrar of the Settlement within which the parties have been dwelling or if the parties dwell in

notice to a Marriage

different Settlements shall

give

;

the

like

Registrar of each Settlement and shall state

therein the name and surname and

the

profession

or condition

of

each of the parties intending marriage the dwelling-place of each of

them the time during which each has dwelt therein and the place at which the marriage is to be solemnized: Provided that if either party has dwelt in the place stated in the notice for more than one month it may be statel therein that he or

she has dwelt there one month and upwards.

86. Every Marriage Registrar shall on receiving any such notice cause a copy thereof to be affixed in some conspicuous place in his office, When one of the parties intending marriage is a minor every Marriage Registrar shall within twenty-four hours after the receipt by him of the notice of such marriage send by post or otherwise a copy of such notice to each of the other Marriage Registrars (if any) in the same Settlement who shall likewise affix the copy in some conspicuous place in his own office. 87.

‘The Marriage Registrar shall file all such notices and keep

them with the records of his office and shall also forthwith enter atrue copy of all such notices in a book to be furaished to him for Marriage

that purpose by th: Colonial Se:retary and to be called the “ Mar- Notice Book.

riage Notice Book"; and the Mirriage Notice Book shall be open at all reasonable times without fee’ to all persoas desirous of inspecting the same,

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HL or 1898.]

M4 Certificate uf notice given and oath made,

Provit

CHRISTIAN

MARRIAGE,

38. If the party by whom the notice was given requests¢ Marriage Registrar to issue the certificate next hereinafter me

tioned and if one of the parties interding marriage has made vi s hereinafter required the Marriage Registrar shall issue under hand a certificate of such notice having beea given and of such 0: having been made: Provided—that_

no

lawful

impediment

tion why such certificate should not issue: that the issue

be shewn

of such certificate has not be-n

to his satist.

forbidden

in

mi

ner hereinafter mentioned by any person authorised in that beh by this Ordinance that four days after the receipt of the

further

that

where

by

such

oath

have

expired:

a

it appears that one of the parties

tending marriage is a minor fourteen days Vath beture issue of certificate.

notice

notice have expired.

after th entry of su

39. (1)—The certificate mentioned in secti not be issued by any Marriage Regis

intending marriaye appears personally before such Marriage Reg

trar and makes oath— (a)

that he or she believes that there is not any impediment kindred or affinity or other lawful hindrance to the s

marriage: and

(4) that both the

Settlements

parties have or (where they have dwelt in t of different Marriage

Registrars)

that

party making such oath has had their his or her ust

place of abode within the Settlement of Registrar; and

such

t

Marria

where cither or each of the parties is a minor— (c}

that

the consent or consents to such marriage required law has or have been obtained thereto or that there

no person resident in the Colony authorised to gi

such consent as the case may be, \2)—The

Governor

or

the

Resident

Councillors of Penanga

Malacca within their respective jurisdictions may at any tit after a party has given notice as aforesaid grant a licence int

prescribed form authorizing the Marriaze Registrar to issue| certificate on or after any day mentioned in such

licence

and

m

when he sees fit grant a special licence in the prescribed form d

pensing with the certificate of the Marriage Registrar and authc ng a marriage between the parties to bz solemnized bya competent person on a day and between certain hours to be spe:

tied in the licence,

guard

40.

Any

under section

person seven

whose

hercol

consent

may

to any marriage

enter

is requir

a protest against the iss

of the Marriage Registrar's certificate by writing at any time bef

Google

-

CHRISTIAN the issue of such certificate the entry of the

MARREAC word

UIT OF 1898.]

“Forbidden”

notice of such intended marr

opposite to the

in the Marriage

Notice

Protest

Kook and by subscribing ther to his or her name and place of abode

and his or her position with respect to cither of the reason of which his or her consent is required.

parties by

When such protest has becn entered no certificate shall issue Effect of until the Marriage Registrar has examined into the matter of the protest protest and is satisfied that it ought not to obstruct the issue of the

certificate for the said marriage or until the protest be withdrawn by

the person who entered it. 41. under

Whenever a Marriage Reyistiar refuses to issue a certificate this Part either of the partics intending marriage may apply

Petition when

by petition to the Supreme Court The Supreme Court may

examine the

allegations of the

petition

in a summary way and shall decide thereon.

Procedure on petition,

‘The decision of the Supreme Court shall be final and the Marriage Registrar to whom the application of the issue of a certificate

was originally made shall proceed in accordance therewith.

42. Whenever a Marriage Registrar is not satistied that the per- Petition when son forbidding the issue of the certificate is authorised by law so to Registrar

doubts autho do such Marriage Registrar shall apply by petition to the Supreme rity of persons forbidding.

Court.

‘The said petition shall state all the circumstances of the case and

pray for the order and direction of the Supreme Court concerning

Procedure on petition,

the same and the Supreme Court shall examine into the allegations of the petition and the circumstances of the case and if upon such

mination it appears

certificate is not

authorised

that the person forbidding the issue of such by law

shall declare that the persun

so to do

forbidding the

is not authorised as aforesaid and

the Supreme

Court

issue of such certificate

thereupon such

certificate shall be

sued and the like proceedings may be had in relation to such mar-

riage as if the issue had not been forbidden.

48.

Every person entering a protest with the Marriage

Regis-

Liability for

trar under this Part against the issuc of any certificate on grounds frivolous pro. against which such Marriage Registrar under section forty or the Su- test theissue of preme Court under sections forty-one or forty-two declares to be frivolous and such as ought not to obstruct the issue of the certificate sha! be liable for the costs of all proceedings relating thereto

and for damages to be recovered by suit by the person against whose marriage such protest was entered. 44.

The

certificate

to

be

issued

by

the

Marriage

Registrar

under the provisions of section thirty-eight shall be in the form con-

tained in the Second Schedule to this Ordinance annexed or to the like effect and the Colonial Secretary shall furnish to every Marriage Registrar a sufficient number of forms of certificate.

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Form of certificate,

1b

CHT OF

1898.

CHRISTIAN

MARRIAGE,

After the issue of the certificate of the Marriage Regis 45. or where notice is required to be given under this Ordinance to

Marriage Registrars for different Settlements after the issue of

certificates of the Marriage Registrars for such Settlements marriage may if there beno lawful impediment

to the marriag

the parties described in such certificate or certificates be solemn

berneen them according to such form and ceremony as they tl fit to adopt but every such marriage shall be solemnized in the

sence of some Marriage Registrar (to whom shall be delivered © certificate or certificates as aforesaid) and of two or more cred Nitnes-es besides the Marriage Registrar ; and in some part of

ceremony Ike effect—

exch of the

parties

shall declare

as follows or to

I do solemnly declare that I know not of any lawful imi ment why I, A. B., may not be joined in matrimony to C. D. [And each of the parties shall say to the other as follows or to

like effect—

“1 call upon th

do take thee,

¢ persons herc present

to witness that I, A.

)., to be my lawfu! wedded wife (or husband).”

Whenever a marriage is not solemnized within two mon 46. after the copy of the notice has been entered by the Marri

within twos months after notice new notice required,

Registrar as required by section thirty-seven the notice andthe certificate if any issued thereupon and all other proceedings upon shall be void and no person shall proceed to solemnize u marriage nor shall any Marriage Registrar enter the same new notice has been given and entry made and certificate ther

given at the time and in the manner afores: Marriage Re-

471.

A Marriage Registrar before whom any marriage is sole

gistrar may nized under this Part may ask of the persons to be married vk for parti- several particulars required to be registered touching such marria culars to be registered, After the solemnization of any marriage under this Part 48. Registration of marriages Marriage Registrar present at such solemnization, shall forth | solemnized register the marriage in duplicate; that is to say in a Marriage under Part gister Book according to the form of the Fourth Schedule her VI certificate attached to the Marriage Regis annexed and also in a Book as a counterfoil,

The entry of such marriage in both the «

tificate and the Marriage Register Book shall be signed by the p son by or before whom the marriage has been solemnized

be any such person and by the

Marriage Registrar

if th

present at si

by marriage whether or not it is solemnized by him and also other tl arties married and attested

by two

credible

witnesses

the Marriage Registrar and the person solemnizing the marriage

beginning Every such entry shall be made in order from the ate shall corr

the end of the book and the number of the certific pond with that of the entry in the Marriage Register Book.

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—

oa

CHRISTIAN

49.

MARRIAGE,

(TIL oF 1898.)

7

The Marriage Registrar Shall forthwith separate the certifi- Certificate to

cate from the Marriage Register Book

and

every month to the Colonial Secretary.

The Marriage

send

it at the end of

be sent. monthly to

Colonial Secretary.

Registrar shall keep_ safely the said Register Book Custody of

until it is fil ed

and shall

then send

it to the Colonial

Secretary to

Register

be kept by him with the records of his office. 50. When any native Christian about to be married givesa Registrars to that notice of marriage or applies for a certificate from a Marriage Re- ascertain notice and

gistrar such

Marriage

Registrar

shall

ascertain

whether

Book.

the said certificate are

native Christian understands the English language and if he does understood

not the Marriage Registrar shall such notice or certificate or both native Christian into a language riage Registrar shall otherwise tian is cognizant of the purport certificate.

51.

translate or cause to be translated of them as the case may be to such which he understands or the Marascertain whether the native Chrisand effect of the said notice and

by native hristians,

When any native Christian is married under the provisions

of this

Part

the

person solemnizing

the

marriage

shall

ascertain

to English language made understand and if he does not the person solemnizing the marriage shall at the declarations.

whether such native Christian understands the

time of solemnization translate or cause to be translated to such native Christian into a language which he understands the declarations made at such marriage in accordance with the provisions of thisOrdinance. f

52.

‘

PART

VII.

PENALTIES.

Whoever for the purpose of procuring any marriage inten-

False oath

tionally makes any false oath or signs any false notice or certifi- notice or

cate required

fence

Penal Code. 58.

by this

described

Ordinance

in section

Whoever forbids the

one

shall be

hundred

issue by the

deemed

and

guilty of the of-

ninety-three

Marriage

of the

procuring marriage.

Registrar of a Forbidding

false percertificate by falsely representing himself to be a person whose con- bysonation issue sent to the marriage is required by law knowing or believing such of certificate representation to be false or not having reason to believe it to be by Marriage true shall’be deemed guilty of the offence described in section two Registrar. hundred and five of the Penal Code.

54. Whoever not being authorised under this Ordinance to solemnize a marriage in the absence of a Marriage Registrar of the Settlement in which such marriage is solemnized knowingly solemnizes a marriage between persons one or both of whom is or are a Christian or Christians shall be punished with imprisonment of either description which may extend to ten years and shall also be liable to fine,

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Solemnizing marriage without due authortty.

[HIT oF 1898.

CHRISTIAN

MARRIAGE.

Solemnizing 55. Whoever knowingly and wilfully contrary to the provisi marriage out of this Ordinance solemnizes a marriage between persons one of proper both of whom is or are a Christian or Christians at any time o: time or with-

. than

between the

evening

hours of

six

in the

or in the absence of at least

morning

two

and

credible

seven

witnesses

in

o'

than the person solemnizing the marriage shall be punished \ imprisonment of either

description for a term which may exten:

three years and shall also be liable to fine.

Solemnizing without notice or jin four. teen days, after notice marriage with minor,

56. Any Minister of Religion licensed under this Ordinance or Minister of the

to solemnize marriz Presbyterian Churcl

England who without the prescribed notice in writing or w

one of the parties to the marriage is a minor and the requ consent of the parents or guardians to such marriage has been obtained within fourteen days after the receipt by hin

notice of such marriage knowingly and wilfully solemnize marriage under Part IV shall be punished with imprisonmen cither description for a term which may extend to three years shall also be liable to fine,

57. A Marriage Registrar under this Ordinance who knowit and wilfully commits any of the following offenc Issuing (i) issues any certificate for marriage or solemnizes any marr certificate or without publishing the notice of such marriage as directed by Ordinance;

Marrying after expiry of certificate. Solemnizing marriage with minor within fourteen days or without sending copy of notice.

(ii) after the expiration of two months from the issue by him certificate in respect of any marriage solemnizes such marriage;

(iii) solemnizes except under a licence or special licence of

Governor any marriage when one of the parties is a minor be

the expiration of fourteen days after

the

receipt of the

notic:

such marriage or without sending by post or otherwise a cop

such notice to the Senior Marriage Registrar of the Settlemer there be more Marriage Registrars of the Settlement than one if he himself be not the Senior Marriage Registrar:

(iv) issues any certificate the issue of which has been prohit as in this Ordinance by any person anthorised to prohibit thei thereof ;

shall be punished with imprisonment of cither description term which may extend to five years and shall also be liable to

Issuing certi58. Any Marriage Registrar knowingly and wilfully issuing ficate after certificate for marriage after the expiration of two months expiry of the notice has been entered by him as aforesaid or knowingly notice or in case of minor wilfully issuing any certificate for marriage where one of the pz within fourintending marriage is a minor before the expiration of fou teen days days after the entry of such notice or any certificate the issu after notice which has been forbidden as aforesaid by any person autho or against

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CHRISTIAN MARRIAGE,

19

{HLL oF 1898.]

in this behalf shall be deemed to have cummitted an offence under authorised Prohibition. section one hundred and sixty-six of the Penal Code.

59. (1)—Any person who except in the case provided for by

Marrying of whose consent is required for consent father or

tion eight hereof knowingly and wilfully solemnizes any marriage

without the consent of any person such marriage or any marriage which

has

been

forbidden

by

any

person authorised to forbid the same shall be punished with imprisonment of either description for a term which years and shall also be liable to a fine. (2)-—Whoever being authorized

under

may

extend

this Ordinan-e

to

without.

guardian.

to four solem-

Perso

nize a marriage and not being a clergyman of the Church of Eng- authorized land solemnizing a marriage’ after due publication of banns or solemnize under a licence from the said Titular Anglican Bishop or his marriage (other than

to

Commissary or Surrogate duly authorized in that behalf;

clergymen ot

a marriage according to the rules rites that church;

Scotland or Rome).

of or not being a clergyman of the Church of Scoltand solemnizing Church England ceremonies and customs of

or not being a clergyman of the Church of Rome solemnizing a

marriage according that Church;

to the rules

rites ceremonies

and

customs

of

knowingly and wilfully issues any certificate for marriage under

or this Ordinance or solemnizes any marriage between such persons as certificate marrying aforesaid without publishing or causing to bz affixed the notice of without such marriage as directed in Part IV of this Ordinance or after the publishing expiration of two months

im :

after the certificate has been

issued

by expiry orof after certificate.

or knowingly and willully issues any certificate for marriage or Issuing certificate for or solemnizes a marriage between such persons when one of the par- solemnizing ties intending marriage is a minor before the expiration of fourteen marriage days after the receipt of notice of such marriage or without sending with minor by post or otherwise a copy of such notice to the Marriage Regis- within fourtrar or if there be more Marriage Registrars than one to the Senior teen days after notice.

Marriage Registrar of the Settlement ;

or knowingly

and wilfully issues any

certificate the issue of Issuing certi-

authowhich has been forbidden under this Ordinance by a person autho- ficate rizedly rized to forbid the issue;

shall be punished with imprisonment of either description for a term which may extend to four years and shall also be liable to fine.

60. Whoever by himself or another wilfully destreys or injures any Register Book or the counterfoil certificates thereof or any part

thereof or any authenticated extract therefrom;

or falsely makes or counterfeits any part of such Register Book or

counterfoil certificates;

or wilfully inserts any false entry in any such Register Book or

counterfoil certificate or authenticated extract ;

shall be punished with imprisonment of either description for a

term which may extend to seven years and shall also be Hable to fine,

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forbidden.

Register ‘y Book.

CHRISTIAN

MARRIAGE,

(ILL oF

1898.)

has been already sent to the Colonial Secretary such person shall make and send in like manner a separate certificate of the original erroneous entry and of the marginal correction therein made.

@5. Every person solemnizing a marriage under this Ordinance Searches and of and hereby required to register the same and every Marriage Regis- copies entries. trar or the Colonial Secretary having the custody for the time being

of any Register of Marriages or of any certificate or duplicate or copy of any certificate under this Ordinance shall on payment of the proper fees at all reasonable times allow searches to be made in such Register or for such certificate or duplicate or copy and give a copy under his hand of any entry in the same. @6.

Every certified copy purporting to be signed by the person Certified copy

entry in entrusted under this Ordinance with the custody of any Marriage ofMarriage Register or certificate or duplicate required to be kept or delivered Register under this Ordinance any entry of a marriage in such Register or etc. to be of any such certificate or duplicate shall be received

as evidence of evidence.

the marriage purporting to be so entered or of the facts purporting to be so certified therein without further

proof

certificate or duplicate or of any entry therein

such copy. 67.

of such Register or

respectively or of

Fees shall be charge able under this Ordinance for--

receiving and publishing notices of marriages; issuing certificates of marriage by Marriage Registrars and registering marriages by the same: entering protests against or prohibitions of the issue of marriage certificates by the said Registrars;

eranting licences or special licences under section thirty-nine 2 searching Register Books or certi ates or duplicates or copies thereof ;

giving copies of entries in the same under section sixty-five, ‘The Governor in Council shall fix the amount of such fees respec-

tively and may from time to time vary or remit rally or in special cases as to him may seem fit.

them

either gene-

68. (1)--The Governor in Council may make Rules in regard to any of the matters hereinafter specified and such Rules shall be published in the Gazette and shall thereupon be of the same force as if caacted in this Ordinance unless and until disallowed by a resolution of the Legislative Council. lows

The matters referred to in the last sub-section :—-

are as

fol-

(2) the disposal ot th $ mentioned in section sixty-seven ; (4) the supply of Register Books; (c) the preparation and submission of returns of marriages solemnized under this Ordinance escribing any forms required by this Ordinance and reforming altering or amending any of the forms prescribyed by the schedules to this Ordinance.

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Rules.

reBb

[IL oF 1898.)

Saving of marriages performed by Governor under 55 and 36 Vict, ©. 23 and certain other marriages. Saving of personal law applicable to parties.

CHRISTIAN

MARRIAGE.

69. Nothing in this Ordinance applies to any marriage performed by the Governor under and by virtue of the provisions of the Imperial “Foreign Marriages Act 1892" nor to marriages performed by any Minister Consul-General Consul Vice-Consul or Con-

sular Agent between subjects of the State which he represents and

according to the laws of such State.

70. Nothing in this Ordinance shall be deemed to validate any marriage which the personal law applicable to either of the parties forbids him or her to enter into.

Form of Licence

71. Licences and Special Licences given under this Ordinance may be in or in accordance with the forms contained in Schedule V hereto.

Repeal.

72. The enactments specified in the Sixth Schedule are repealed to the extent therein mentioned.

Registers of marriages under Indian ‘Act V of 1865 to be deposit: ed with the Colonial Secretary. Commence. ment of Ordinance eeDd

ue

78. Every person licensed under Part V of the Indian Act V of 1855 to grant certificates of marriages between native Christians shall within one month after the commencement of this Ordinance cause all Marriage Register Books in his possession to be deposited in the Office of the Colonial Secretary. 74. This Ordinance shall come into force on such date as the Governor in Council may by notification in the Gazeé/e direct. prt \

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szeisy

23 (HL oF 1898.]

MARRIAGE, CHRISTIAN

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