Bill 85 (Legislature 11, Session 1)

L11 S1 7207

Alberta — Bills

Bill No. 85 of 1949. A BILL TO AMEND THE SOLEMNIZATION OF MARRIAGE ACT. NOTE. This Bill amends The Solemnization of Marriage Act, being

chapter 303 of the Revised Statutes of Alberta,

Section 3 is amended to make it possible for a lieutenant of the Salvation Army to solemnize marriages. This is necessary because of a change in the ranks and duties of Salvation Army personnel which has resulted in a probation ary lieutenant now holding the position formerly held by a lieutenant. A new

section 14a provides in subsection (1) that thirty days must elapse after a degree ahsolute of divorce or final declaration of nullity of marriage has been entered before an issuer may issue a license to marry. Thus a license to marry cannot be issued while there is still a possibility of a judg ment being appealed. Subsection (2) provides that if an appeal from the final decree or declaration has been entered, a license issuer shall not issue a license until satisfactory proof is furnished that the appeal has been finally disposed of.

Section 21 is amended as to subsection ( 4) to make it clear that a notice of the application for a license must be sent to the parent or guardian where one of the parties is under the age of twenty-one years.

Section 21 is further amended by adding a new subsection which provides that a license issuer may not issue a marrIage license where a person under the age of twenty-one years is a party to the proposed marriage, until the eighth day after the mailing of the notice to a parent or guardian required by

section 2l.

Section 23 is amended to provide that when application is made to a judge to dispense with the consent of a parent or guardian, notice of the application must be sent to the parent or guardian in order that he may be present at the hearing of the application. The Bill comes into force on the first day of July, 1949, in order to enable the Registrar General of Vital Statistics to supply his license issuers with the necessary instructions regarding the proposed change in administration. KENNETH A. McKENZIE, Acting Legislative Counsel. (This note does not /oTm any part of the Bill but is offered in explanation of its provisions.)

BILL No. 85 of 1949.

An Act to amend The Solemnization of Marriage Act. (Assented to ,1949.) HIS 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 303 of the Revised Statutes of Alberta, 1942, is hereby amended as to

section 3 by adding immediately before the w?rd "lieutenant" where it occurs in paragraph (

b) of subsectIon (1), the word "probationary". 2. The said Act is further amended by adding im mediately after

section 14 the following new section: "14a.-

(1) In any case where either of the parties to an intended marriage has obtained a decree of divorce or a declaration of nullity of marriage, no license issuer shall issue a license to marry until,- " (

a) the expiration of thirty days from the date of entry of the final decree or final declaration; and " (

b) the applicant has filed with the issuer a certificate from the Clerk of the Supreme Court that no appeal has been entered from the final decree or final de claration and that the time for appeal has expired. "

(2) If an appeal from the final decree or declaration has been entered no license issuer shall issue a license to marry until the applicant furnishes evidence satisfactory to the license issuer that the appeal has been finally disposed of.". 3. The said Act is further amended as to

section 21,- (

a) by striking out the words "Before issuing any mar riage license to which this

section -refers" where they occur in subsection (4), and by substituting the word's "Except as otherwise provided in

section 6, before issuing any marriage license where either of the parties is under the age of'twenty-one years"; (

b) by adding immediately after subsection (4) the following new subsection: "

(5) Except as provided in

section 6. no license shall be issued in any case where either of the parties is under the age of twenty-one years, until the eighth day after the mailing of the notice re quired by subsection (4).".

2 4. The said Act is further amended as to

section 23 by adding immediately after the words "may apply" the words "upon notice to the parent or guardian". 5. This Act shall come into force on the first day of July, 1949.

No. 85 FIRST SESSION ELEVENTH LEGISLATURE 13 GEORGE VI 1949 BILL An Aet to amend The Solemnization of Marriage Act. Recei ved and read the First time ................................... . Second time . Third time HON. DR. CROSS. Title: 1949 (11th, 1st) Bill 85,

An Act to amend The Solemnization of Marriage Act

Document details

Collection	Alberta — Bills
Citation	L11 S1 7207
Type	bill
Volume / chapter	L11 S1 7207
Language	en
Format	json
Source	PROVINCIAL
Identifier	fb0476ecb19f7d29ed8d77f19b7c2fca06140f8f

Source file is stored in the law ingest library (json).