cohabited together, shall be, and the same are thereby declared, lawful and valid, and the issue of all such marriages are thereby made legitimate to all intents and purposes whatsoever."(y) It also enacts, "that all clergymen and ministers of the gospel, of whatever sect or denomination, officiating as such in any congregation, and all others whom the governor, lieutenant governor or commander-in-chief of the island, may thereto authorize, shall thereafter have power and authority to solemnize marriage, either by license from the governor, lieutenant governor, or commander-in-chief for the time being, or after publication of banns in some church, chapel, or other place of public worship, on three Sundays successively, during divine service.(z) And any clergyman or minister of the gospel, or other person who shall after the passing of the act, solemnize any marriage without such license or publication of banns as aforesaid, or who shall solemnize any marriage between parties, of whom one or both are under the age of twenty-one years, having parents or guardians living, without the consent of such parents or guardians shall forfeit and pay for every such offence the sum of one hundred pounds, and the marriage of any such person or persons under the age of twenty-one years, without such consent shall be null and void."(a) It also enacts, that if any person being married do marry again, the former husband or wife being alive, such offence shall be felony; but no attainder for that offence shall *work any corruption of blood, loss of dower, [ *58 ]

or disherison of heirs.

Bahamas.]-Marriages are usually solemnized in the Bahamas by a minister of the established church, after the publication of banns, or by license from the governor as ordinary. Where there is no resident minister (as in the out islands) the governor, by license, authorizes some magistrate to perform the ceremony. The only act of parliament relating to marriages in force here is the 32 Hen. 8, c. 8. There is no jurisdiction in the colony competent to pronounce a sentence of divorce. On a question which was put by the commissioners as to the effect of a marriage celebrated abroad, according to the law of the country where the same was had, between persons possessed of real property in that colony, in regard to such property, supposing the law of the two places to differ thereon-the examinants stated as their opinion, that the wife would in such case be entitled to dower in the real estate, according to the laws of England, which prevail here; and they thought it would make no difference in this respect whether the marriage had been celebrated bona fide or in fraudem legis domicilii originis.

The examinants further stated, that a marriage celebrated out of the colony, between parties who had children before such marriage, would not have the effect of legitimating such children in that colony, although a contrary law might prevail where such marriage was solemnized, as in Scotland for example.(b)

An act for the regulation of marriages within the Bahama islands,

(y) Laws of Prince Edward's Island, 6 Geo. 4, c. 6, s. 1.

(z) Sect. 2. (4) Sect. 3.

(b) Third Report (2d series) on the Administration of Justice in the West Indies, &c. dated 24 Feb. 1829, pp. 77, 78, and Appendix, p. 156.

and for other purposes was passed in the year 1839, authorizing any minister of the Christian religion, ordained, or otherwise set apart to the ministry of the Christian religion, and acknowledged as such by any known sect or society of Christians in the united kingdom of Great Britain and Ireland, according to the usages of the persuasion to which such minister shall belong, to publish banns, &c. The act also contains provisions for the registration of marriages, &c.

Barbadoes.]-By the law of Barbadoes, every parson, curate, or other person, who shall marry any person without publication of the banns or without license, was liable to forfeit 1007. and to suffer six months' imprisonment. (c) A collated copy of an entry in the marriage register at Barbadoes was admitted as evidence. (a)

In March, 1839, an act was passed to amend the laws relating to marriage in this island, requiring the publication of banns, and the marriage to be registered in a particular form, and authorizing ministers of the Christian religion to publish banns for three Sundays preceding the solemnization of a marriage, during either morning or evening service.

In a recent case before Dr. Lushington, the evidence to establish the fact of a marriage in Barbadoes was a printed paper, signed by the rector of a parish there, but the court would not receive it without proof of collation, but held, that with such proof and with the act of the legislature of Barbadoes establishing a registry in the island, such [ *59 ] entry would be satisfactory proof of the marriage, without insisting upon the evidence of persons present. The conclusion of the cause was rescinded, in order to admit a collated and examined copy.(d)

Jamaica.]-By 3 Vict. c. 60, ss. 13, 14, 15, the provisions of the 4 Will. 4, c. 31, ss. 12, 13, 14. are re-enacted.

By the 3 Vict. c. 60, s. 45, registers of baptisms, marriages, and burials, solemnized according to the rites of the established church, are directed to be kept by the rector or officiating minister of every parish.

By 3 Vict. c. 60, s. 55, it is enacted, that an extract or copy from the register books, kept in the several parishes, certified under the hand of the rector or officiating minister, or an extract or copy of any return made under that act from the record thereof, in the bishop's office of registry, and certified under the hand of the registrar; or by the oath of a witness, who had compared the extract or copy with the register book in the parish, or with the record thereof in the bishop's office of registry, shall be admitted in all courts and places as legal. evidence to the extent the original itself would go.

The act 3 Vict. c. 60, is to continue in force from the passing thereof until the 31st December, 1847.

3 Vict. c. 67, An act to legalize, register and confirm marriages by dissenters, and other ministers not connected with the established church. (11th April, 1840.) By this act all marriages solemnized by dissenting ministers under the regulation thereinafter mentioned, shall

(c) 1734, No. 700, Laws of Barbadoes, p. 386.

(a) Coode v. Coode, 1 Curteis, 755.

(d) Cood or Coode v. Cood or Coode, Cons. Court 23 March, 1838.

be valid and effectual. The act contains particular directions for the solemnization of marriages, whenever the form and ceremony shall be other than that of the united church of England and Ireland.

By 3 Vict. c. 67, s. 17, reciting that in consequence of imperfect instruction in the Christian religion, and from other causes, many marriages de facto have taken place, but which marriages de facto have never been sanctioned by any public ceremony or formally registered, and in many places the parties have had offspring of such last-mentioned marriages, and it is expedient that provision should be forthwith made for enabling such persons to confer upon their children the benefit of children born in wedlock, it is enacted, that it shall be lawful for all persons, having contracted marriage as last aforesaid, at any time within one year after the passing of this act (11th April, 1840), duly to solemnize the marriage ceremony before any clergyman of the established church, or in any other manner authorized by this act; and every person so recognizing a previous marriage de facto, shall, at the same time, make and sign a declaration in the form prescribed by the act, which shall also be attested by the witnesses present, and signed by the minister, before whom the ceremony is performed. Ceremony is to have relation back to the time of the marriage de facto, &c. Duplicate of original declaration to be made, signed and attested, and original declaration with other papers to be good evidence. Such ceremony may be performed without the publication of banns.

By the laws of Jamaica(e) a penalty of 1007. was imposed on any minister not qualified according to the canons of the Church of England, by having taken orders for marrying any person. And a like penalty was imposed on any minister for marrying any persons where banns had not been published three times in their parish church, or who had a license from the governor. The latter penalty was also imposed by 6 Geo. 4, c. 17,(ƒ) and by the 38th section all baptisms, marriages, and burials in the several parishes were directed to be entered by the rectors and books to be provided, and according to schedules thereunto annexed.

By 4 W. 4, c. 31, s. 12,(g) all banns of marriage in Jamaica shall be published in an audible manner in the parish church, or in one of the consecrated or other chapels duly licensed by the bishop for the performance of divine service, of or belonging to such parish wherein the persons to be married shall dwell, according to the form of words prescribed by the rubric prefixed to the office of matrimony in the Book of Common Prayer, upon three Sundays preceding the solemnization of marriage, during the time of morning service.

Whenever a marriage shall not be had within six calendar months after the complete publication of banns, no minister shall proceed to the solemnization of the same until banns shall have been republished on three several Sundays, in the form and manner prescribed by this act, unless by license duly obtained from the governor.(h)

No minister shall marry any person where banns have not been

(e) 1681, No. 21, s. 13. Acts of Assembly in Jamaica, p. 19.

(g) This act was to continue in force from 12th Dec. 1833, until the 31st Dec.

(f) Continued by 1 Wm. 4, c. 22; 2 Wm. 1838. 4, c. 18.

(h) Sect. 13.

duly published, according to the provisions of the act, or have a license from the governor, under the penalty of 1007.; but such marriage shall nevertheless be valid, though made without banns or license.(i) [ *60 ] *Registers of baptisms, marriages, and burials, are directed to be kept,(k) and copies from register books, or from the records in the bishop's office, and certified by the rector or registrar, are to be legal evidence.(?)

A married woman is entitled to dower in Jamaica as in England, and to a similar provision (subject to her husband's debts) out of the slave property undisposed of in his lifetime; also to the provisions of the statute of distribution. To the following question, "What would be the effect of a marriage celebrated abroad, according to the law of the country where the same was had, between persons of real property in the colony, in regard to such property, in cases in which the law of the two places differs as to the effect of marriage on such property?" the chief justice replied, that the law of the colony would prevail. And the attorney-general, referring to the principles laid down in the judgment of Edwin v. Forbes, thought that in the case contemplated by the above question, the lex loci contractus would yield to the lex loci rei site. And with respect to such marriages having been celebrated, either bona fide, or in fraudum legis loci rei site, the examinants were of opinion that the lex loci contractus would not be allowed to have any effect, but that the law of the colony would prevail in either case.

In the case of a marriage celebrated abroad, where a law prevails which legitimates children born before marriage, such children would in that colony be considered illegitimate.

There is no jurisdiction in this colony competent to pronounce any sentence of divorce; and there is a positive instruction to the governor, to withhold his assent to any act of the legislature dissolving a marriage. The chief justice had no doubt but inconvenience must result from the want of such jurisdiction.(m)

Montserrat.]-An act to repeal two certain acts relating to marriages, and to make new enactments in lieu thereof in Montserrat was passed the 2d January, 1839. The act contains particular directions as to the solemnization and registration of marriages.

Antigua. The act of the Antigua legislature contains a recital, that the late necessity of that island for want of orthodox ministers had been such, that divers marriages had been had and solemnized, by virtue or colour of certain orders of the governor and [ *61] council, in some other manner than had been formerly used and accustomed.(n) For the preventing all doubts and questions touching the same, it then enacts, "that all marriages theretofore had and solemnized, or which should thereafter be had and solemnized in that island, by and before any justice of the peace, or any one of the council of that island for the time being, according to the direction or true intent of any order of the governor and council for the time being, or reputed order, shall be adjudged, esteemed, and taken to be,

(i) Sect. 14.

(k) Sect. 46.

(1) Sect. 57.

tion of Justice in the West Indies, dated 29th June, 1827, pp. 46, 47.

(n) 24 Car. 2, 1672, n. 21, s. 1. See

(m) First Rep. (2d series) on Administra- Laws of the Leeward Islands, pp. 44, 45.

and to have been, of the same and no other force and effect as if such marriage had been had and solemnized by an orthodox minister, according to the rites and ceremonies established or used in the church or kingdom of England, any law, custom or usage to the contrary thereof notwithstanding."(o) It further enacts, "that the act shall not extend to authorize or confirm any marriages had or solemnized by any other than an orthodox minister, after the arrival of any such minister as aforesaid, he being beneficed in the island."(p) And it is further enacted, that the lawfulness of marriages shall be tried by a jury of twelve men.(q)

Dominica.]-By an act of the Dominica legislature, "all marriage ceremonies theretofore performed in that island by any of his majesty's justices of the peace, when no Protestant clergyman was to be found to perform the same, and also all marriages which thereafter should be performed by any of his majesty's justices of the peace under the like circumstances, are, and the same are declared to be as lawful and valid in law, as if performed by a regular inducted clergyman.(r)

Grenada.]-By the law of Grenada(s) the marriage, in order to be valid, must be solemnized "by the rector of one of the cures in the island, after due publication of banns, according to the rubric of the Church of England, in the church of the parish wherein the woman to be married resides, or by virtue of a license granted by the governor or commander in *chief for the time being. And all mar[ *62 ] riages performed otherwise than after due publication of banns, or under license as aforesaid, are declared to be null and void, to all intents and purposes whatsoever." Persons professing the Roman Catholic religion may have the ceremony of their marriage performed by their own clergy, according to the rites of their own church, without incurring the penalty imposed thereby on marriages without banns or license; but it is enacted, "that such marriages should be, and were declared to be, of no force or effect, as to giving a right of dower, inheritance, or any other rights derived from a legal marriage; but that to entitle the parties to those rights, they must also conform as other subjects to the several restrictions imposed on the celebration of matrimony."

An act was passed 13th December, 1831, to render valid the registry of all such marriages, baptisms and burials, in the several parishes of these islands, as may not theretofore have been witnessed and attested according to law, and to render such signature or attestation unnecessary in future. It enacted, that every entry which has been made in the registers of the several parishes of these islands, having the signature of the rector or officiating minister alone affixed thereto, shall be deemed sufficient evidence of every such baptism, marriage or burial, therein entered, to all intents and purposes, notwithstanding the attestation of the clerk or other person shall have been omitted, and that to all future entries in the said several registers respectively the signatures of the rectors of the said cure alone, or of

(0) Scct. 2. (p) Sect. 3. (9) Sect. 4.

(r) No. 35, s. 7, 28th Sept. 1802.

(s) No. 101, s. 31, 11th Dec. 1807. The Laws of Grenada, vol. i. p. 261.