Bill 21 (Legislature 14, Session 1)

L14 S1 5911

Alberta — Bills

No. 21 1st Session, 14th Legislature, Alberta 8 Elizabeth II BILL 21 A Bill to amend The Solemnization of -·Marriage -Act HON. DR. Ross Printed by L. S. WALL, Printer to the Queen's Most Excellent Majeety, Edmonton, Alberta, 1960

Explanatory Note 2.

Section 23(5) was amended by 1949,

chapter 94, sectio:p 3 to provide for a notice per.iod of seven clear day~, bu~ sectlo~ ~, subsection ( 1) still provIdes for two clear days notlce. ThIS IS being changed to corres~ond with the .time prescribed in

section 23, subsection (5).

Section 6, subsectIon (1) reads: "6.

(1) Except only when it is by this Act expre!'!sly prov~ded to the contrary, no marriage licence shall be issued u~tll th~ thIrd day after the day upon which the application for the lIcence In Form B in the

Schedule is delivered to the licence issuer." 3. See note to clause 4.

Section 25(2) presently reads: "

(2) Notwithstanding subsection (1), 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." 4. A marriage licence may not be issued to a pers·on under the age of sixteen years except in the case of a pregnant female who has obtained parental consent or an order dispensing with such consent under

section 25. However, if the child is born before the marriage the exception under this

section does not apply. Similarly where such a person applies for an order dispensing with consent, the order cannot be made if the child is born. This anomalous situation is being remedied by the amendments to this

section and

section

Section 26 presently reads: "26.

(1) No licence shall be issued where either of the parties to an intended marriage is under the age of sixteen year-s, and no banns shall be published in respeect of any such marriage, nor shall a marriage be solemnized when either of the contracting parties is under the age of sixteen years.

(2) This

section does 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 23 or an order made pursuant to

section 25 dispensing with any such consent." s. This amendment is complementary to the amendment made by clause 2 of this Bill. The amended paragraphs in Form B presently read: "I hereby give you notice that I and the other party hereunder mentioned intend to enter into a contract of marriage on or after the expiration of three days from this date. The licence must not be issued until the third day after the day upon which the application is received by the issurer, that is the fourth day."

BILL No. 21 of 1960

An Act to amend The Solemnization of Marriage Act (Assented to , 1960) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Solemnization of Marriage Act, being

chapter 319 of the Revised Statutes, is hereby amended.

Section 6, subsection (1) is amended by striking out the word "third" and by substituting the word "eighth".

Section 25 is amended by striking out subsection (2) and by substituting the following:

(2) No order shall be made under this

section in respect of a person under the age of sixteen years, unless that person is a female and is shown by a certificate of a qualified medical practitioner to be either pregnant or the mother of a living child.

Section 26 is amended by striking out subsection (2) and by substitut.ing the following:

(2) This

section does not apply in respect of a female under the age of sixteen years who (

a) is shown by a certificate of a qualified medical practitioner to be either pregnant or the mother of a living child, and (

b) has obtained the consents required by

section 23 or an order under

section 25 dispensing with any such consent. 5. Form B in the

Schedule is amended (

a) by striking out the word "three" and by substi tuting the word "eight", (

b) by striking out the word "third" and by substi tuting the word "eighth", (

c) by striking out the word "fourth" and by sub stituting the word "ninth". 6. This Act comes into force on th~ day upon which it is assented to.

FIRST SESSION FOURTEENTH LEGISLATURE 8 ELIZABETH II 1960 BILL

An Act to amend The Solemnization · of Marriage Act Received and read the First time ......................................... . Second time ....................................... . Third time ......................................... . HON. DR. Ross Title: 1960 (14th, 1st) Bill 21,

An Act to amend The Solemnization of Marriage Act

Document details

Collection	Alberta — Bills
Citation	L14 S1 5911
Type	bill
Volume / chapter	L14 S1 5911
Language	en
Format	json
Source	PROVINCIAL
Identifier	dd4641f64cc19269dd6526bbcedf2728f8dab5b5

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