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before he was permitted to act as such, sworn by us according to the third form of oath indorsed on the Commission.

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The Commission, with the interrogatories, depositions and other papers, must then be tied up and sealed by the Commissioners, as directed by the Commission, and then put in a cover and addressed as follows:

To the

In the High Court of Justice.
A. B. v. C. D. Commission.

Masters of the High Court of Justice,

Queen's Bench Division,

:

Temple, London.

Only one Commissioner on each side should act at any one time.

CHAPTER VII.

FORMS TO BE OBSERVED UNDER THE MARRIAGE AND REGISTRATION ACTS.

Remarks. The Acts relating to the duties of Registrars, which formed enclosures in the Circular of the 6th November, 1849, are:

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But as these Acts do not provide for the Registration of Births and Deaths of British Subjects in Foreign Countries, Consuls are instructed in the Circular of November 7th, 1849, and par. 14, to keep two Registers (Forms, p. 154 and 156), one for Births and the other for Deaths, and at the expiration of each year to transmit a certified copy (Forms, p. 157 and 158) of each Register so kept during the year which has elapsed, to the Secretary of State for transmission to the Registrar-General. These instructions are extended to Vice-Consuls and Consular Agents by Circular of March 10th, 1871.

With reference to the period within which, after the occurrence of the event, Births or Deaths may be registered by Consular Officers, it is laid down in Circular of March 1st, 1860, that seven years is the utmost limit that should be allowed for such registrations.

The Circular of November 6th, 1849, already referred to, authorized certain Consuls, empowered by warrant under the hand of the Secretary of State, to Solemnize Marriages at British Consulates under the Act 12 & 13 Vict., c. 68, and copies of the several Forms which they are required to make use of in the discharge of their duties under the Act were supplied (Forms, p. 21, 151, &c.)

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By Circular dated November 23rd, 1872, Consular Officers are instructed that "Marriages under the Act are legal when both parties are British subjects, and also when only one of them is British”; but in the latter case the parties should be informed that the Marriage is not necessarily valid out of Her Majesty's dominions, and that they must conform to the requirements of the law of any country, not in those dominions, in which it may be of importance to them that their marriage shall be legally recognized as valid." This warning should never on any account be omitted.

"When one of the parties is a subject of the country in which the marriage is proposed to take place," the party who is not a British subject "must have complied with the Marriage Law of such country as far as it may be possible to do so."

The nationality of the parties is to be inserted after their names in the Notices of Marriage, in the Notice Books, and in the Registers.

The Circular of November 21st, 1873, directs that the warning

prescribed in Circular of November 23rd, 1872, as to mixed marriages solemnized in British Consulates not being necessarily valid out of Her Majesty's dominions, is to be given in the case of every Consular Marriage, both when both parties are British subjects and when only one of them is a British subject.

$ 37 of the "Births and Deaths Registration Act, 1874" (37 & 38 Vict., c. 68), enacts that the Master of every British ship shall record in his Log-Book, in such form as the Board of Trade may direct, the particulars of Births and Deaths occurring on board.

This return is ordered by Board of Trade Circular, No. 29, December, 1875, to be made in the form given in the Official Log-Book, and the same Circular further directs, in virtue of Section 37 (3) of the Act, that on the arrival of the ship at any port abroad, the Consular Officer shall demand from the Master a return filled in on the appropriate form (Eng. 8, 9, and 10, page 163, &c.), for transmission to the Registrar-General of Shipping and Seamen.

It is laid down by the Foreign Office Circular of the 29th May, 1876, that the births of illegitimate children of British parents are not to be registered in Consulates.

FORMS UNDER THE MARRIAGE AND REGISTRATION ACTS.

Notice of Marriage.

[Pursuant to Act 12 and 13 Vict., cap 68, sec. 2.]

To the British Consul

at

I hereby give you notice, that a Marriage is intended to be had, within Three Calendar Months from the date hereof, between me and the other party herein named and described (that is to say):

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, certify

that Licence has been this day granted by me for the Solemnization of the Marriage in respect of which the above notice was given.

Dated

(Signed.)

N.B.-This Certificate and Licence will be void unless the Marriage of the parties named in the above notice be solemnized on or before the

day of

18

181

Form of Register of Transcript of Marriage Notices.

Extract from 12 and 13 Victoria, cap. 68, sect. 4.

"Any person authorised in that behalf may, at any time before the Solemnization of any intended Marriage, forbid the Solemnization of such intended Marriage by writing the word Forbidden' opposite to the entry of the notice of such intended Marriage in the Register, and by subscribing thereto his or her name and place of abode, and his or her character in relation to either of the parties, by reason of which he or she is so authorized; and in case the Solemnization of any such intended Marriage shall be so forbidden, the notice shall be void, and such intended Marriage shall not be Solemnized under such notice."

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I hereby give you notice, that a Marriage is intended to be had, within Three Calendar Months from the date hereof, between me and the other party herein named and described (that is to say):

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I hereby give you notice, that a Marriage is intended to be had, within Three Calendar Months from the date hereof, between me and the other party herein named and described (that is to say):

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Form of Declaration to be made by Parties praying for a Licence. British Consulate at

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18

of

and prayed a Licence for the Solemnization of Matrimony in the between them the said

and

make oath

and they

severally for himself and herself

solemnly affirmed that they believe that declared

there is not any impediment of kindred or alliance, or other lawful hindrance to the said Marriage; and that both of the said and

have for the space of one calendar month, now last past, had their usual respective place of abode within the district of the Consulate of and that the consent of the person or persons whose consent to the said Marriage of the said is required by law ( he being not a widow and being under the age of 21 years) has been obtained thereto [or that there is no person having authority to give consent to the said Marriage of the said

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who is not a widow

and is under

Consul.

Form of Caveat against a Marriage.

To Her Britannic Majesty's Consul,

at

residing

Take notice that the Marriage intended to be had between*

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ought not to take place, and that, for the reasons

because
aforesaid, this Caveat against such Marriage is entered by+

of 18

of

12 & 13 Vict., cap. 68, sec. 7.

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*Insert here at full length the names and surnames, and residence of the parties intending Marriage.

Insert here at full length the name and surname, residence and profession or calling of the person entering the Caveat, and also the date of the entry thereof. N.B.-If the Caveat be signed by one person on behalf of another, then immediately before the date add the following words,- and on his [or her as the case may be] behalf duly signed by (supplying the above blanks with the name and surname, residence and profession or calling of the person signing.)

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