Certain existvalidated.

or in accordance with any native law or custom, or in any manner apply to marriages so contracted.

MARRIAGES ALREADY CELEBRATED.

36. Every marriage celebrated in the Colony before the ing marriages commencement of this Ordinance by any minister of any religious denomination or body, according to the rights in use by such religious denomination or body shall be, and shall be deemed to have been from the time of the celebration thereof a legal and valid marriage; provided that nothing herein contained shall legalise any marriage which has before the commencement of this Ordinance been declared invalid by any competent Court, nor any marriage, either party to which had at the time of its celebration a lawful wife or husband living, nor any marriage which was void, by reason of kindred or affinity or fraud or incapacity to contract marriage, nor any marriage otherwise invalid either party to which shall before the commencement of this Ordinance and in the lifetime of the other party thereto have intermarried with any other person.

Existing registers of

to principal registrar.

37. Every minister of religion or other person in the marriages to Colony who has in his custody or control any register, be transmitted record or paper purporting to be such of marriages heretofore celebrated in this Colony, shall within six months after this Ordinance takes effect, deliver or transmit to the principal registrar, the said register or official record or a copy thereof, omitting if desired any matter of a private nature, with a certificate appended thereto in the following form:

Certain expenses to be defrayed

I, A.B. of (here describe place of abode and position) do certify that the annexed written pages contain the true record (excepting matters of a confidential nature) of the marriages heretofore celebrated in (here name church).

Dated the day of

38. The Governor may defray out of the general revenue of the Colony all proper expenses connected with from general the transmission or delivery of the said registers or which may otherwise become necessary to be incurred in carrying out the provisions of this Ordinance.

revenue.

SUCCESSION TO INTESTATE'S PROPERTY.

property

Ordinance and dying

39. Where any person who is subject to native law or Succession to custom contracts a marriage in accordance with the pro- natives visions of this or of any other Ordinance relating to mar- married under riage, or has contracted a marriage prior to the passing of this Ordinance, which marriage is validated hereby and intestate. such person dies intestate, subsequently to the commencement of this Ordinance, leaving a widow or husband or any issue of such marriage;

And also where any person who is issue of any such marriage as aforesaid dies intestate subsequently to the commencement of this Ordinance;

The personal property of such intestate and also any real property of which the said intestate might have disposed by will shall be distributed in accordance with the provisions of the law of England relating to the distribution of the personal estates of intestates, any native law or custom to the contrary notwithstanding.

Provided always, that where by the law of England, any portion of the estate of such intestate would become a portion of the casual hereditary revenues of the Crown such portion shall be distributed in accordance with the provisions of native law and custom and shall not become a portion of the said casual hereditary revenues.

Provided also that real property, the succession to which cannot by native law or custom be affected by testamentary disposition shall descend in accordance with the provisions of such native law or custom anything herein to the contrary notwithstanding.

provisions to

Before the registrar of marriages issues his certificate Explanation in the case of an intended marriage, either party to which of above is a person subject to native law or custom, he shall explain natives. to both parties the effect of these provisions as to the succession to property as affected by marriage.

FEES.

40. The fees specified in the second Schedule hereto Fees. shall be paid to the registrars for the several matters to which they are applicable, and shall be paid by them into the Treasury.

41. The Governor may, when he is satisfied of the Fees may be poverty of the parties, reduce the amount of the said fees, round of

remitted on

poverty.

Ministers may receive customary fees.

Forms in
Schedule

may be used.

or remit them altogether; and if they have been paid into the Treasury, order their refund.

42. This Ordinance shall not preclude a minister from receiving the fees ordinarily paid to a minister of his denomination for the celebration of marriage.

FORMS.

43. The forms contained in the Schedule hereto may be used in the cases to which they are applicable with such alterations as may be necessary.

Coast Colony, do hereby certify that on the

district in the Gold

day of

notice was duly entered in "The Marriage Notice Book" of this
district, of the marriage intended between the parties herein named
and described, such notice being delivered under the hand of
one of the parties, that is to say,

Date of notice entered

Date of certificate given

No caveat has been entered against the issue of this certificate,

District.

NOTE. This certificate will be void, unless the marriage is solem

nized on or before the

day of

(A. B.)

Form B.
SPECIAL LICENSE.

Whereas A. B. and C. D. desire to intermarry, and sufficient cause has been shown to me why the preliminaries required by the Marriage Ordinance should be dispensed with:

Now therefore, in pursuance of the said Ordinance, I do dispense with the giving of notice and the issue of the certificate thereby prescribed, and do hereby authorise any registrar of marriages, or recognised minister of some religious denomination or body, to celebrate marriage between the said A. B. and C. D., at (place of celebration), between the hours of eight o'clock in the forenoon and six o'clock in the afternoon, and within days from the date hereof. day of (Signed)

Given under my hand, this

18

Governor.

1st Schedule

AN ORDINANCE for the purpose of abolishing the office of Collector of Customs and Treasurer of the Colony and making other provision for the discharge of the duties of that office.

[18th September, 1885.

WHEREAS it is expedient that the office of Collector of Customs and Treasurer of the Gold Coast Colony should be abolished and that the duties now discharged by such Collector of Customs and Treasurer should be divided and discharged by two officers to be called the Treasurer and the Comptroller of Customs respectively.