Bill 14 (Legislature 8, Session 1)

L8 S1 8388

Alberta — Bills

Bill No. 14 of 1936. A BILL TO AMEND THE SOLEMNIZATION OF MARRIAGE ACT. NOTE. The amendment made by

section 2 remedies a defect in

section 22 of the Act: it makes it possible to obtain from a judge an order dispensing with consent for the marriage of a minor in any case where the consent cannot be obtained. The amendment made by

section 3 is consequential upon the amendment made by

section

Section 4 adds a provision whereby a judge of the Supreme Court may declare a marriage to be valid, not withstanding any inadvertent contravention of or non-com pliance with any provision of the Act by the person celebrating the marriage ceremony. R. ANDREW SMITH, Legislative Counsel. (This note does not form any part of the Bill and is offered merely as a partial explctnation of some of its provisions.)

BILL No. 14 of 1936.

An Act to amend The Solemnization of Marriage Act. (Assented to , 1936.) HlS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Solemnization of Marriage Act Amendment Act, 1936." 2. The Solemnization of Marriage Act, being

chapter 39 of the Statutes of Alberta, 1925, is hereby amended as to

section 22 thereof by striking out the same and by sub stituting therefor the following: "22.

Any person not of the age of twenty-one years who is unable to obtain the consent of his or her parent, parents or guardian, or any of them, may apply to a judge of the Supreme or District Court and such judge may, in his discretion, grant an order dispensing with such consent or consents, and thereupon a license may issue or the banns be published and the marriage solemnized accordingly: "Provided that no such order shall be made in respect of a person under the age of sixteen years unless such person is a female and is shown to be pregnant by a certificate from a legally qualified medical practitioner." 3.

The said Act is further amended as to

section 23 thereof by striking out subsection (2) thereof and by sub stituting therefor the following: "

(2) This

section shall not apply in the case of a female who is shown to be pregnant by the certificate of a duly qualified medical practitioner and who has obtained the consents required by

section 20 or an order made pursuant to

section 22 dispensing with any such consent." 4. The said Act is further amended by inserting therein, immediately after

section 24 thereof, the following new section: "24a. In any case in which a marriage ceremony has been performed and any question arises thereafter as to the regularity of the same by reason of any inadvertent contra vention of or non-compliance with any of the provisions of this Act on the part of the person celebrating the marriage ceremony, a judge of the Supreme Court may, upon the application of the Attorney General or of a party to the marriage or of the Deputy Registrar General of Vital Statistics, either ex parte or upon such notice to such parties as he may direct, may proceed to inquire into the matter and to hear evidence either orally or by affidavit as

2 he may deem proper; and upon being satisfied that if there was any such contravention of or non-compliance with any provision of this Act on the part of the person celebrating the marriage ceremony such contravention or non-com pliance was inadvertent and that in the circumstances it is proper so to do, he may make an order declaring the marriage to have been duly solemnized notwithstanding any such non-compliance, and every order so made shall be conclusive proof of the due solemnization of the marriage to which it relates and there shall be no appeal therefrom." 5. This Act shall come into force on the day upon which it is assented to.

No. 14. FIRST SESSION EIGHTH LEGISLATURE 1 EDWARD VIII 1936 BILL

An Act to amend The Solemnization of Marriage Act. Received and read the First time .. Second time Third RON. DR. CROSS. EDMONTON: A. Shnitka, King's Printer 1936 Title: 1936 (8th, 1st) Bill 14,

An Act to amend The Solemnization of Marriage Act

Document details

Collection	Alberta — Bills
Citation	L8 S1 8388
Type	bill
Volume / chapter	L8 S1 8388
Language	en
Format	json
Source	PROVINCIAL
Identifier	6c30894c3adbfb27004f62f6554ba16f5c42d9f7

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