Marriage Act 1864, 25 of 1864, (Rep., Act 5 of 1865) section 1: ACT No. XXV

Repealed or not in force · As amended up to 2026-08

Schedule ACT No. XXV OF 1864. SCHEDULE (33)-(See Section XX). I, the Reverend John &owa, a Miwister of the B e e Church of Scotland at Calcutta ir, Bengal, do hereby certify, that on the sixth day of July 1864, notice was duly entered in my Marriage Notice Book of the marriage intended between the parties therein named and described, delivered under tire hand nf ,J~xm,r?~? ~Yrnith,, one of the parties (that is to say), and that the declaration required by Section XV of this Act has been duly made by the said (James h i t h . ) The issue of this Certificate has not been prohibited by any person Date of notice entered 6th July7 The issue of this Certificate has 1864. not been prohibited by any person Date of certscate given 20th[authorized to forbid the issue thereof. ] July 1864. Witness ACT No. XXV `OF 1864.` Witness my hand, this Twdgztieth day of July one thousclad eight hwadred ufid sixty-four. * (Signed) Jolzgz Brownj Xihistep* of the E7~-ee Clhurclz of Scotlmd. This Certificate will be void unless the marriage is solemnized on or before the 20th day of Eepternber 1864. (The Italics in the Schedule are to be filled up as tlie case may be, and the blank division thereof is only to be filled up when one of the parties lives in another distribt.) i I `i` 1 L ' `C` AGT No. XXV OF `1864.` Section XXVI). SCHEDULE (C)-(See Section Form `of` Registel* `of` Mmriages. Quarterly Returns of MARRIAGES, for Calczctta, The Archdeaconry of.. . Bombay, Calcutta, Registrar of the Archdeaconry of Madras, do hereby Bombay, 1, certify, that the annexed are correct Copies of the Original and Official Quarterly Returns of Marriages Calczl.tta, within the Archdeaconry of Hadras, as made and transmitted to me for the Qnarter commenci~rg the I Bombay, Arst day of Jffinzcaly encling the TJLirfy$rst day of Alc~~cA, in the Year of Onr Lord Oue Thousallci Eight Hundred and Sixty-fonl*. in the Year of Onr Lord Oue Thousallci Siynat7~~e of Xegistro I . Calcutta, Bombay. Registrar of the Archdeaconry of |, Allahabad, MARRIAGES solemqized at\Ba~rac$o~e,|, Allahabad, MARRIAGES solemqized at\Ba~rac$o~e,|, Allahabad, MARRIAGES solemqized at\Ba~rac$o~e,|, Allahabad, MARRIAGES solemqized at\Ba~rac$o~e,|, Allahabad, MARRIAGES solemqized at\Ba~rac$o~e,|, Allahabad, MARRIAGES solemqized at\Ba~rac$o~e,|, Allahabad, MARRIAGES solemqized at\Ba~rac$o~e,|, Allahabad, MARRIAGES solemqized at\Ba~rac$o~e,|, Allahabad, MARRIAGES solemqized at\Ba~rac$o~e,|||||Bombay.|Bombay.|Bombay.|Bombay.|Bombay.|| |---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---| ||...||-.|-.|-|||,.||||||||||| |mien married.|Age, NAMES OFPARTIES. Christian. Surname.||||Condi- tion.|Condi- Rank or Profession.||Re5idehe.e ntthe time of Narringe,||Fathor's Name and Surname.|By:yns License.||Names of Witnesses present. :yns||Names of Witnesses||Bywhom marlied.|| |||||||||__?__ -------||||||-------||||| |1864, 14thJvJj.|WiUhlaJol~n SophiaAnn|Jol~n ~&in;* MitcAell|~&in;* .., ...|I Baclzlo~ Spinster|||Upholsterer ...... Baclzlo~|Hasting~'&?.ect... LowerClrrularRoad||PeterHasting~.. G6qfr.yMitchell Banns...|||$ ~ ~ ~ f n ~ ~ ~ , " ~ ~ ' 1Vilhn.Geo.MiLchell. HentyFisher. Sen* C1m2'1nin. . lfr~trietXliaaMitcl~elf.|||||| ||||||||||I|I||||||||| ||||i|I|I|I|! iI|! iI|I 1|1 i i ,pB,P-.----||||||||| ||I|I|I I|||, I I|,|,|Ii|Ii||I j !||||||| ||||||||||i|||||||||| ||||||||||||||||i|i||| |I 1 i|I||||||I||!i i i|i I , i i|. i|I||||||| ||||||||||-_|------__---.___--||||Schedule|Schedule|Schedule|Schedule|Schedule(D)| ,pB,P-.---- Schedule `(D)` ACT NO. XXV OF `1864.` r LIV. Whoever, being a Narriage Registrar appointed under the provisions of the said Act V of 1852 of the CiovernorPuuishment for Registrars issuing certificates, or solemnizing marriages, General of India in Council, shall kno~vingly ~vitl~out publication of notice, kc. and wilfully issue any certificate for. marriage, or solemnize a8ny marriage uncler the said Act V of 1852, witliout publisllillg or affixing in some co~zspicuous place the notice of such marriage as directed by tlie said Act ; or after expiration of two calendar moatlls after a certificate in respect of `s` marriage shall ha~re been issued b ~ - him sliall soleinllize such marriage; or shall, without an order of a competent Court authorizing him to do so, solemnize any marriage wheii one of the parties intending marriage (not being `s` widow or widower) is under twenty-one years of age, before the expiration of fourteen days after the receipt of such notice as is required by the said Act, or without sending or causing to be sent by the Post or otherwise a copy of such notice of marriage to the Marriage Registrar of the District, or, if there be more Marriage Registrars than one, to the Senior Marriage Kegistrar of the District ; or shall issue any certificate, the issue of ,4CT KO. XXV OF 1864. of which shall )lave been prohibited as in this Act provided by any person authorized to prohibit the issue thereof, shall be punished with imprisonment of either description, as defined in the Indian Penal Code, for a term which may extend to five years, and shall also be liable to fine. LV. * Whoever, being a person authorized under the provisions of this Punishment for persons authorized Act to solemnize a marriage, and not being a under t,his Act, but not being Clergylnen . of the Church of England or of the Clergyman of the Church of England solemnizing Church of Scotland, solelnniailig marriages without publication of notices, $c. 8 marriage after due publication of Banns or under a license from the Bishop of the Diocese or a Surrogate duly authorized in that behalf, or not being a Clergyman of the Cllurch of Scotland solemnizing `-a` marriage according to the rules, rites, ceremonies, and customs of that Church, shall knowingly and wilfully issue any certificate for marriage under this Act, or solemnize any niarriage between such persons as aforesaid, without publishing or causing to be affixed the notice of such marriage as directed in Part I1 of this Act, or after the expiration of two calendar months after the certificate shall have been issued by him ; or shall knowingly and wilfully issue any certificate for marriage, or solemnize a marriage between such persons, when one of the persons intending marriage, not being a widower or widow, is under twenty-one years of age, before the expiration of fourteen days after the receipt of notice of such marriage, or without sending or causing to be sent by the Post or otherwise n copy of such notice to the Marriage Registrar, or if there be more Marriage Registrars than one to the Senior Marriage Registrar of the District ; or shall knowingly and wilfully issue any certificate, the issue of which shall have been forbidden under this Act, by' any person authorized to forbid the issue ; or shall linowingly and wilfully solemnize any marriage which shdl have been forl~idden by any person authorized to forbid the same, shall be punished with imprisonment, of either description, as defined in the Indian Penal Code, for a term which may extend to four years, a11d shall also be liable to fine. LVI. Whoever, not being licensed to grant a certificate of marria.ge under P a ~ t V of this Sct, shall grant such certil>r.etendiug to grant Punishment on unlicensed certificate of person mar- fi cat e intending thereby to make it appear that he riage tulder Part V. is so licensed, shall be puilished with ilnprison. meat of either descriytion, as defined in the Indian Penal Code, for a term which may extend to five years, and shall also be liable to fine. LVII. Wlzoever . - , , - ACT No. XXV OF 1864. LVII. Whoever shall wilfully insert or cause to be inserted any false entry in any such Register Book, or such authenPunishm ent for making false entries. ticated extract therefrom as is mentioned in Section XLVII of this Act, shall be liable to the punisliment prescribed by Section 193 of the Indian Penal Code. LVIII. Offences punishable under this Act shall be tried under the p ~ o - Jurisdictiol~ to punis~l offellcespunish-[visions of the Code of Criminal Procedure by the ] able ulider this Act. Court of Session as defined in the said Code of Criminal Procedure ; provided that no European 13ritisli subject shall be liable to be tried for any offence punishable under this Act except by one of Her Majesty's High Cdurts of Judicature in India. ' I n cases beyond tlie limits of the Presidency Towns of Calcutta, Madras, and Bombay, charges against European British subjects for any offeiice under this Act shall be investigated, and the comniittal for tria.1 shall be made uiider the provisions of Sectioils 39, 40, and 41 of the Code of criminal Procedure, and tlie trial of European British subjects under this Act by any of the said High Courts shall be under the procedure by which the proceedings of the said High Courts are regulated. LIX. Except as provided in the last preceding Section, the provisions Code of Criminal Procedure appli-[of the Code of Criminal Procedure shall apply to ] cable to investigations and committals the investigation and committal 'in all cases of under this Act. charges under this Act. Provided that a summons shall ordinarily issue in tlie first instance, and provided also that offences punishable under this Act shall be bailable. LX. The words Church of England" wherever used in this Act, shall mean the United Church of England and Ireland Meaniug of "Church of England." as by law establislied : The words c c Cliurch of Scotland" wherever used in this Act, shall mean the Church of Scotland as by i a ~ estab- An of " Church of Scotlalld,'' lished. LXI.[This Act shall come into operation on the first day of July ] .~peratior~ of ~ c t . 1864. Schedule `3` 4 i X i L i. I ACT No. XXV OF 1864. SCHEDULE (A)-(See Section VI). Notice of Manliuge. J To the 3ev. Johlz `Brown,` a Minister of the Pree C!hztrch of. Scotlmd, at Calcutta. *I hereby give you notice, that a marriage is intended to be had, within `-4` threc calendar months from the date hereof, between mc and the other party 'j harein named and described (that is to say), d d ; Witness my hand, this sixth day of July, ojze thowand eight hzr,lz&.ed and oi57ty-fou~. (Signed) JAMES S&!ITI-F. (The Italics in this Schedule are to be filled up as the case may be, and the blank division thereof is only to be filled up when one of the parties lives `in` another district.)

Source: India Code