Page:Every Woman's Encyclopedia Volume 1.djvu/438

 LAW 416 Marrying a Soldier Before marrying a soldier who is a non- commissioned officer, the consent of his commanding officer should be obtained, not to make the marriage a legal one — it will be legal without the consent — but to have it recognised as a marriage by the military authorities. Unless this is done, the wife will not be "on the strength," she will not receive any allowance or have free quarters assigned to her, and, if her husband's regi- ment is ordered abroad, will be unable to obtain a free passage. Marriages solemnised within the British lines by any chaplain or officer, or any person officiating under the orders of the commanding officer of a British army serving abroad, are valid, though such army is not serving in a country in a state of actual hostility. Marrying a Ward In Cliancery To marry a ward in Chancery without the consent of one of the judges of the Chancery Division constitutes a contempt of court, which is punishable with imprisonment. For the defendant to plead ignorance of the fact that his wife was a ward in Chancery may not serve him for an excuse, although he may have had the consent of her parents to the marriage — for wards in Chancery are not always orphans. The court may decline, during the joint lives of the husband and wife, to part with a fund in its possession belonging to the ward, even upon the application of both parties. When a con- tempt has been committed, the court will always compel the husband to execute a proper settlement of the ward's property. The court will restrain by injunction an intended improper marriage, and also com- munications from admirers. Upon a marriage with consent, a settlement must be made to the approval of the court. A ward who has ceased to be so, by coming of age, and wishes to waive a settlement, will be protected by the court if possible. In other words, if the court can find any excuse to interfere, and insist upon the settlement being respected, it will do so. Where an infant — i.e., a person under twenty-one — makes a settlement without leave of the court, the settlement is not void, but voidable at the option of the infant on reaching twenty-one, but the option must be exercised within a reasonable time. Under the Infants Settlement Act, binding settlements may be made by infants of their property, with the leave of the court, when such infants are at least twenty, if male, or seventeen, if female. Marriages in tlie Isle of Man A superintendent registrar in England has no authority to receive notice of any marriage intended to be celebrated in the Isle of Man ; the parties intending to be married should address themselves to the clergy or the registrars in the island. Marriages in the Cliannel Islands The Channel Islands are within the diocese of Winchester, and special licences are granted by the Dean of Jersey. Marriages in Jersey and Guernsey may be solemnised in parish churches according to the rites of the Church of England after banns, or by ecclesiastical licence, or in registered places of worship, or in the superintendent regis- trar's office after certificate or licence. No effectual steps, however, can be taken in Jersey with respect to the preliminary requirements for a marriage which is to take place in England. And no authority can be obtained from an English registrar for a marriage in Jersey or Guernsey. Marriages in India The marriages of European British sub- jects in India are regulated by several statutes of the Imperial Government and the Indian Christian Marriage Act, and others passed by the Governor-General in Council. The local government is em- powered to grant licences to ministers of religion to solemnise marriages, and also to appoint registrars. All marriages are to take place between 6 a.m. and 7 p.m., except by special licence granted by the Anglican bishop of the diocese or a general or special licence from a Roman Catholic bishop. Native Christians As regards the marriage of native Chris- tians, the age of the man must exceed sixteen years and that of the woman thirteen. Neither shall have an infant wife or husband living, and when either of the parties is under eighteen the consent of parent or guardian is necessary. Transmission of Certificates to England Due provision has been made for the registration of all marriages and for trans- mission to the Secretary of State for India of certificates to be delivered to the Registrar- General in England. Certificates are to be kept in the General Register Office, Somerset House, Strand, W.C, indexes thereof made, searches permitted, and certified copies sealed or stamped with the seal of the office given. The fee for a particular search is is., for a certified copy, 2S. 6d. The official agent of the Administrator-General at the India Office, St. James's Park, S.W., has charge of copies of all ecclesiastical registers. Fees for special search, is. ; for certificate, los. Marriages In the British Colonies are governed for the most part by laws enacted by the local legislations on the lines of the law in force in England. In conquered colonies the matrimonial law of the original colonists still prevails to a great extent, as in Quebec, or Lower Canada, where the European inhabitants are chiefly of French descent, and whose laws are founded on the old French civil code ; and as in Ceylon, where the Roman-Dutch law prevails, which pre- sumes marriage where a man and woman are proved to have lived together as man and wife. In the Dominion of Canada pre- contract is a legal impediment. In Queens- land marriages may be celebrated between 8 a.m. and 8 p.m. ; in other parts of Australia and New Zealand between 8 a.m. and 4 p.m. To be continued.