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Report No. 15

Clause 11

Sub-clause (1).-Existing section 5, of the Christian Marriage Act provides (in substance) that an episcopally ordained Minister may solemnise marriages according to the rules, rites, ceremonies and customs of that Church. This has been adopted here, using the short expression "rules" which has been defined separately.1

An additional requirement of the presence of at least two witnesses, has been inserted since it is felt that this should apply to all marriages under the Act.

Sub-clause (2).-The existing Act does not lay down any such obligation; but since the proposed conditions of marriage will now apply to marriages solemnised by any person under the Act,2 it is felt that there should be a specific obligation on all persons solemnising marriages under the Act to see that the conditions for marriage are fulfilled, that there is no lawful impediment to the marriage and that the parties make a declaration to that effect. Compare sections 17, 18, 41 and 42 of the Christian Marriage Act, which are confined at present to licensed Ministers and Marriage Registrars.

As an example of other "lawful impediments", see section 57 Divorce Act.

1. See clause 2-"rule".

2. See clause 4.

Report on the Law of Christian Marriage and Divorce Back

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