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certificates and pending at the date of the issue of the new certificate may be carried on and completed as if the old certificates were in force.

(4.) Any bye-laws made under "The Salmon and Freshwater Fisheries Acts, 1861 to 1886," or any of them, and in force within the districts or either of them at the date of the new certificate, shall, notwithstanding any limitation of time for the continuance of such bye-law, continue to be in force until repealed by the Board of Conservators of the new district, and the Board may, if it thinks fit, repeal any such bye-laws in manner provided for the repeal of byelaws made under "The Freshwater Fisheries Act, 188k."

(5.) The persons who are at the date of the issue of the new certificate the members of the Board of Conservators of the Stour (Essex) fishery district shall be the first appointed members representing the county of Essex on the Board of the new district, and shall come into office on the issue of the certificate.

PART IV.-General.

13. The powers conferred by "The Sea Fisheries Act, 1883," or this Act, or any other Act relating to sea fisheries, or by any Act relating to salmon and freshwater fisheries, upon any authorities or officers to enforce any such Act shall not be construed as limiting or taking away the power of any other person to take legal proceedings for the enforcement of any such Act or of any bye-law made thereunder.

14. This Act may be cited as "The Fisheries Act, 1891."

SCHEDULE.

Declaration respecting the North Sea Fisheries.—Signed at Brussels, May 2,

1891.

Here follows the English text of the Declaration between Great Britain and Belgium of May 2, 1891.]

See page 23.

ACT of the British Parliament, to amend " The Commissioners for Oaths Act, 1889."

[54 & 55 Vict., c. 50.]

[August 5, 1891.]

WHEREAS doubts have been entertained whether the powers to administer oaths and take affidavits conferred on a Commissioner for

Oaths by "The Commissioners for Oaths Act, 1889,"* extend to oaths and affidavits required by special provisions to be made before a Justice of the Peace, or any particular person or officer, and it is expedient to remove such doubts:

Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. Where by or under "The Merchant Shipping Acts, 1854 to 1889," or "The Customs Consolidation Act, 1876," or "The Patents, Designs, and Trade Marks Acts, 1883 to 1888," or "The Pawnbrokers Act, 1872," or Acts amending the same respectively, any oath or affidavit is required to be taken or made before any particular person or officer, whether having special authority or otherwise, and whether at any particular place, or within any specified limits or otherwise, such oath or affidavit may be taken or made before a Commissioner for Oaths, at any place, and shall be as effectual to all intents and purposes as if taken or made before such person or officer, and at any particular place or within specified limits.

2. In section 6 of "The Commissioners for Oaths Act, 1889," after the words "Consular Agent" shall be inserted the words "Acting Consul-General, Acting Vice-Consul, and Acting Consular Agent."

3. This Act shall be read with "The Commissioners for Oaths Act, 1889," and may be cited as "The Commissioners for Oaths Act, 1891," and "The Commissioners for Oaths Act, 1889," and this Act may be cited together as "The Commissioners for Oaths Acts, 1889 and 1891."

ACT of the British Parliament, to amend and explain the Foreign Marriage Acts.

[54 & 55 Vict., c. 74.]

[August 5, 1891.+] WHEREAS "The Consular Marriage Act, 1849,"‡ and the Acts amending the same were by "The Marriage Act, 1890,"§ extended to marriages in British Embassies and on board Her Majesty's ships and other places, and by "The Marriage Act, 1890," power was given to Her Majesty the Queen in Council to make Regulations for adapting the said Acts to those marriages and for other purposes

Vol. LXXXI, page 602.

Repealed by Act 55 & 56 Vict., c. 23, which will be given in Vol. LXXXIV. § Vol. LXXXII, page 618.

Vol. XXXVII, page 150.

therein mentioned, and it is expedient to remove various doubts which have arisen respecting the application of the said Acts, and respecting the powers which may be exercised by the said Regulations, in this Act referred to as the "Marriage Regulations," and to make further provision for the said extension:

And whereas it is expedient further to amend the said Acts :

Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

This Act may be cited as "The Foreign Marriage Act, 1891."

This Act shall be construed as one with "The Consular Marriage Act, 1849," "The Consular Marriage Act, 1868," and "The Marriage Act, 1890,"‡ and this Act and those Acts may be cited together as The Foreign Marriage Acts, 1819 to 1891," and are in this Act referred to as the Foreign Marriage Acts.

2. The period of residence required for a marriage under the Foreign Marriage Acts shall be three weeks, and accordingly in section 2 of "The Consular Marriage Act, 1849," one week shall be substituted for one calendar month.

3. Before any marriage is solemnized under the Foreign Marriage Acts both the parties intending marriage shall appear before the Consul, and each of them shall make oath

(a.) That he or she believes that there is not any impediment in kindred or alliance, or other lawful hindrance to the marriage; and

(b.) Unless the requirements of the Foreign Marriage Acts as to residence have been dispensed with, that both of the parties have for three weeks immediately preceding had their usual places of abode within the district of the Consul; and

(c.) Where either of the parties, not being a widower or widow, is under the age of 21 years, that the consent of the person or persons whose consent to the marriage is required by law has been obtained thereto, or, as the case may be, that there is no person having authority to give such consent.

4.-(1.) Subject to the Marriage Regulations, a British Consular officer, on being satisfied by personal attendance that a marriage between parties being British subjects, or of whom one is a British subject, has been duly solemnized in a foreign country in accordance with the local law of the country, and on payment of the fee required by law, may register the marriage in accordance with the Marriage Regulations as having been so solemnized, and thereupon the Foreign Marriage Acts shall apply as if the marriage had been

* Vol. XXXVII, page 150.

+ Vol. LVIII, page 122.

Vol. LXXXII, page 618.

registered in pursuance of those Acts, except that nothing in this section shall affect the validity of the marriage so solemnized.

(2.) Section 6 of "The Marriage Act, 1890," is hereby repealed. 5.-(1.) The Marriage Regulations may

(a.) Authorize the officer by or before whom the Regulations determine that marriages in the house of a British Ambassador or Minister, or on board one of Her Majesty's vessels, may be solemnized or registered, to act without any such written authority as is mentioned in "The Consular Marriage Act, 1849"; and so authorize him whether he is described in the Regulations or is named in pursuance thereof;

(b.) Authorize the appointment of a person to act under the Foreign Marriage Acts in the place of any such High Commissioner or resident as is mentioned in "The Marriage Act, 1890;"

(c.) Prescribe the forms to be used in substitution for or in addition to those in the Schedules to "The Consular Marriage Act, 1819;" and

(d.) Make such provision as may seem necessary or proper for carrying into effect the Foreign Marriage Acts, or any Marriage Regulations.

(2.) The Regulations providing for the matters in this section. mentioned are included in this Act in the expression "Marriage Regulations," and the Marriage Regulations may be made either generally or with reference to any particular case or class of cases.

(3.) Section 9 of "The Marriage Act, 1890," shall have effect as if in paragraph (d) thereof for the words "by whom" were sub-tituted the words "by or before whom."

6.-(1.) The written authority to solemnize aud register marriages given by a Secretary of State in pursuance of section 19 of "The Consular Marriage Act, 1849," and any enactment amending that section, may be addressed to a marriage officer as hereinafter defined by the name of his office, without designating the name of any particular persou holding the office, and that authority may be executed by the person who for the time being holds or acts in the office described in the authority, and that person shall be a duly authorized Consul within the meaning of the Foreign Marriage Acts, and the expression "Consul" in those Acts shall, except where such meaning is inconsistent with the context, mean a marriage officer so authorized.

(2.) For the purposes of this Act a marriage officer means any British Ambassador, Minister, or Chargé d'Affaires, any British Consular officer, and any other officer who, in pursuance of the Foreign Marriage Acts or the Marriage Regulations, can be authorized to solemnize and register marriages under the said Acts.

(3.) A Secretary of State may, by writing under his hand, vary

or revoke any authority previously issued under section 19 of "The Consular Marriage Act, 1849," as amended by this section.

7.-(1.) Where a marriage purports to have been solemnized and registered in pursuance of the Foreign Marriage Acts or any of them in the house of a British Ambassador or Minister, or in a British Consulate, or on board any of Her Majesty's vessels, it shall not be necessary in support of the marriage to give any proof of the authority of the marriage officer within the meaning of this Act by or before whom the marriage was solemnized and registered, nor shall any evidence to prove his want of authority, whether by reason of his not being a duly authorized officer or of any prohibitions or restrictions under the Marriage Regulations or otherwise, be given in any legal proceedings touching the validity of the marriage.

(2.) A certificate of a Secretary of State that any house, office, chapel, or other place is or is part of the house of a British Ambassador or Minister, or of a British Consulate, shall be conclusive.

8. A marriage officer shall not be required to solemnize a marriage, or to allow a marriage to be solemnized in his presence, if in his opinion the solemnization thereof would be inconsistent with international law or the comity of nations.

Provided that if any such officer refuses to solemnize or to allow to be solemnized in his presence the marriage of any person requiring the marriage to be solemnized, the person so requiring sball have a right of appeal to the Secretary of State, who shall thereupon either confirm the refusal or direct the solemnization of the marriage.

9. Whereas section 7 of "The Marriage Act, 1890," abolished the distinction between the preliminaries required for marriages by licence and marriages without licence under "The Consular Marriage Act, 1849," and it is accordingly expedient that marriages by licence under that Act be formally abolished; therefore

A licence for marriage shall not be granted under the Foreign Marriage Acts after the commencement of this Act, and section 6 of "The Consular Marriage Act, 1849," and sub-section 2 of section 7 of "The Marriage Act, 1890," are hereby repealed.

10. Any Marriage Regulations which dispense for any reason, whether residence out of the district or otherwise, with the requirements of the Foreign Marriage Acts as to residence and notice, may require as a condition or consequence of such dispensation, the production of such notice, certificate, or document, and the taking of such oath, and may authorize the publication or grant of such notice, certificate, or document, and the charge of such fees, as may be prescribed by the Marriage Regulations; and sections 15 and 16 of "The Consular Marriage Act, 1849," shall apply as if such

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