Page:Marriage Act 1961 from statute book.djvu/4

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Act No. 25 of 1961.

Publication of banns or notice of intention to marry or issue of special licence before marriage.

12. No marriage officer shall solemnize any marriage unless in respect thereof and in terms of the provisions of this Act or any prior law―

(a)

each of the parties in question has caused banns of marriage to be published in a congregation to which he or she belongs; or

(b)

each of such parties has caused a notice of intention to marry to be published; or

(c)

one of such parties has caused such banns to be so published and the other has caused such notice to be published; or

(d)

a special marriage licence has been issued.

Application for publication and acceptance of banns.

13. (1) Any party who desires to cause banns of marriage to be published shall deliver or cause to be delivered to any minister of religion of the congregation in question at least two days prior to the intended publication or at any time prior to such publication which such minister of religion may in his discretion allow, a written application to publish such banns.

(2) Such application shall―

(a)

bear the signature of each of the parties desiring to marry, duly dated by him or her; and

(b)

state the full christian name and surname, age, marital status and residential address of each of the said parties.

(3) Nothing in this Act contained shall be construed as compelling any minister of religion to accept and publish banns of a marriage that would not conform to the rites, formularies, tenets, doctrines or discipline of his religious denomination or organization.

How publication of banns of marriage to be made.

14. (1) Any minister of religion or his duly authorized substitute may publish banns of marriage of persons desiring to marry each other.

(2) Such banns of marriage shall specify the full christian name and surname, marital status and residential address of each of the said persons, and publication thereof shall, subject to the provisions of sub-section (3), be made either―

(a)

in an audible manner, some time during public divine service, on three successive Sundays preceding the solemnization of the marriage, in the face of the congregation before whom such minister of religion or his duly authorized substitute officiates; or

(b)

by posting the banns up for an unbroken period covering three successive Sundays preceding the solemnization of the marriage, in a conspicuous place in or in the immediate vicinity of the ordinary place of worship of the congregation in question.

(3) If according to the tenets or practices of a religious denomination or organization, the principal public divine service of such denomination or organization is held weekly on a day other than a Sunday, publication of banns in terms of

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