Clandestine marriages void. Registration by persons other than lervai or registrar made penal. [§ 2. 2 of 1888] Governor in Executive Council may make regulations, and may dismiss registrar. Fee payable to officiating levvai or registrar. Inspection of register books and certificates, and obtaining copies thereof. Registration not Destroying or falsifying register book or counterfoil certificate. Mohammedan Marriage Registration. government agent of the province or the assistant government agent of the district within which the marriage took place, to have such marriage correctly registered; and such government agent or assistant government agent shall cause the officiating levvai or registrar before whom the marriage was contracted, and such other parties as to him shall appear expedient, to be noticed to show cause why such application shall not be granted. If no sufficient cause be shown to the contrary, and the government agent or assistant government agent shall be satisfied, after hearing such evidence as the parties may adduce, that such marriage has been proved, he shall certify the same to the provincial registrar, who shall thereupon cause such marriage to be registered. 13 If both the parties to a marriage shall knowingly and wilfully intermarry under the provisions of this Ordinance under false names, such marriage shall be null and void; and if either of the parties to a marriage shall knowingly and wilfully consent to, or acquiesce in, the registration of a marriage by a person not being an officiating levvai or registrar, such party shall be guilty of an offence, and liable on conviction to a fine not exceeding one hundred rupees. 14 It shall be lawful for the Governor from time to time, with the advice of the Executive Council, to make, and when made, to revoke, add to, and alter regulations for the guidance of the officiating levvais and registrars in the discharge of their duties, and to dismiss any registrar from his office and appoint another in his stead, and from time to time to amend the form given in schedule B. 15 Every officiating levvai or registrar who shall register a marriage under this Ordinance shall be entitled to the payment of a fee of one rupee and fifty cents. 16 Every person claiming interest in any marriage shall be entitled at all reasonable hours to inspect the register books or counterfoil certificates on payment of a fee of ten cents, and to obtain a certified copy of any entry therein on payment of a fee of twenty-five cents. 17 Proof of the registration of any marriage contracted by persons professing the Mohammedan faith, after this Ordinance shall have come into operation, shall be received in all courts in this colony as the best evidence of such marriage; but nothing herein contained shall be construed to render valid or invalid, merely by reason of its having been registered or not having been registered, any Mohammedan marriage which would otherwise be invalid or valid, or to preclude any legal evidence other than that of registration from being adduced in proof of such marriage. 18 Whoever by himself or another wilfully destroys or injures any register book or counterfoil certificate, or any part thereof, or any authenticated extract therefrom, or falsely makes or counterfeits any part of such register book or counterfoil certificate; or wilfully inserts any false entry in any such register book or counterfoil certificate, or Mohammedan Marriage Registration. Unauthorized authenticated extract therefrom; and whoever, not being an officiating levvai or registrar, registers or professes to register registration. any marriage under this Ordinance, shall be punished with rigorous imprisonment for a term which may extend to seven years. 19 The time for the prescription or limitation of a suit or action for the whole or part of a woman's dower shall not begin to run until after the dissolution of the marriage by death or divorce, and such suit or action shall be maintainable if commenced within such time as any action shall be maintainable by the Ordinance No. 22 of 1871, or by any future Ordinance regulating the prescription of actions, for the recovery of money paid or expended by a plaintiff on account of a defendant, or for money received by a defendant for the use of a plaintiff. 20 The marriage register books, with the counterfoil certificates attached thereto, shall be furnished by the provincial registrar on the application of the officiating levvai or registrar free of charge. 21 Every officiating levvai, when his license is resigned by him or is revoked by the provincial registrar, and every registrar when he resigns his office or is dismissed by the Governor in manner provided in section 14, shall forth with return to the provincial registrar all such marriage register books, with the counterfoil certificates thereof, as shall be in his possession at the date of such resignation, revocation, or dismissal; and if any officiating levvai or registrar shall fail or neglect so to do, he shall be guilty of an offence, and be liable to a fine not exceeding one hundred rupees. 22 In the case of the death of any officiating levvai or registrar, if any of his heirs, executors, administrators, or successors in office, or any other persons into whose possession any register book or counterfoil certificate belonging to such officiating levvai or registrar shall have come, shall fail or neglect to deliver over the same on demand to the provincial registrar, he shall be guilty of an offence and be liable to a fine not exceeding one hundred rupees. Prescription of action for dower. Register books to be furnished free of charge. Register books to be returned by levvai or registrar who resigns, or is dismissed. When levvai or registrar dies, books and certificates to be given up on demand to provincial registrar. 23 Every order made by the provincial registrar refusing Appeal. or revoking a license under section 4, and every order made by the government agent or assistant government agent certifying the proof of a marriage under section 12, shall be subject to an appeal to the Governor in Executive Council, and every such appeal shall be preferred within seven days after the order appealed from shall have been notified to the party or parties concerned. SCHEDULE A. I, Provincial Registrar of Marriages for the Province, do hereby license of —, to register marriages under "The Mohammedan Marriage Registration Ordinance, 1886," within the Province. Provincial Registrar. Name Names Name in Amount and Stri and Resi- and Resi- full of Offi- of Mahr dence dence dence of of the Bride's Bride. Parents. ciating Levvai or and Stri Registrar. danum. Certificate of Marriage. Marriages registered by Officiating Levvai (or Registrar). Name Names Mahr Date andResi-and Resiof dence dence Mar- of the of Bride- of the Bride's Levvai or riage. Bride- groom's groom. Parents Bride. Parents. Registrar. danum. and Stri of Mahr ciating and Stri danum, whether prepaid or not. Mohammedan Marriage Registration. Police in Ports. Commissioners of Currency. Postage Stamps. No. 11 of 1886. An Ordinance to remove doubts as to the Jurisdiction of the (See under No. 16 of 1865, Volume I., page 523.) No. 12 of 1886. An Ordinance relating to the Board of Commissioners of (See under No. 32 of 1884, page 177.) WH No. 14 of 1886. An Ordinance relating to British and Foreign Postage Stamps. HEREAS it is expedient to provide against the manufacture or issue of counterfeit British or foreign postage stamps in this island: Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows: 1 For the purposes of this Ordinance, "fictitious stamp" means any facsimile, or imitation, or representation, whether on paper or otherwise, of any stamp for denoting any rate of postage, including any stamp for denoting a rate of postage of Great Britain, India, or any of Her Majesty's colonies, excepting Ceylon, or of any foreign country. 2 It shall not be lawful for any person to (a) Make, knowingly utter, deal in, or sell any fictitious stamp, or knowingly use for any postal purpose any fictitious stamp; or (b) Have in his possession, unless he shows a lawful excuse, any fictitious stamp; or (c) Make, or, unless he shows a lawful excuse, have in his possession any die, plate, instrument, or materials. for making any fictitious stamp. Any person who acts in contravention of this section shall be guilty of an offence, and liable on conviction to a fine not exceeding two hundred rupees, or to simple or rigorous imprisonment for a term not exceeding two years, or to both. Any stamp, die, plate, instrument, or materials found in the possession of any person in contravention of this section may be seized, and shall be forfeited to Her Majesty and her successors. 2 M *39-00 Preamble. Interpretation Prohibition of fictitious stamps. Penalty. Forfeiture. This Ordinance not to affect sections 248 to 256 of the Ceylon Penal Code. Preamble. No spirituous or to be taken on commanders' consent. Right of search. Forfeiture. Right to seize with or without warrant. Fermented Liquors on Her Majesty's Ships. 3 This Ordinance shall not affect the enactments contained in sections 248 to 256 of the Ceylon Penal Code, which said enactments shall continue to have full force and effect. 4th December, 1886. No. 15 of 1886. An Ordinance to prevent Spirituous or Fermented Liquors being taken on board Her Majesty's Ships without the consent WH of the Commanders thereof. HEREAS it is expedient, for the purpose of maintaining discipline in Her Majesty's ships in colonial waters, to provide that no spirituous or fermented liquor shall be carried on board such ships without the consent of the commanders thereof: Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows: 1 It shall not be lawful for any person to take any spirituous or fermented liquor of any description on board any of Her Majesty's ships or vessels in any part of the sea adjacent to the coast of this island and within the territorial sovereignty of Her Majesty, without the previous consent of the officer commanding the ship or vessel on board of which the same may be taken; and it shall be lawful for any officer in Her Majesty's service, or warrant or petty officer of the navy, or non-commissioned officer of marines, with or without seamen or persons under his command, to search any boat or vessel hovering about or approaching, or which may have hovered about or approached, any of Her Majesty's ships or vessels; and if any spirituous or fermented liquor be found on board such boat or vessel, to seize such spirituous or fermented liquor, and the same shall be forfeited to Her Majesty and her successors; and if any person shall take any spirituous or fermented liquor on board any of Her Majesty's ships or vessels without such previous consent as aforesaid, or shall approach or hover about any of Her Majesty's ships or vessels for the purpose of taking any spirituous or fermented liquor on board the same, without such previous consent, or for the purpose of giving or selling, without such previous consent, spirituous or fermented liquor to men in Her Majesty's service, every such person shall, upon a summary conviction thereof before a police magistrate, pay a fine not exceeding one hundred rupees for every such act or offence; and it shall be lawful for any officer in Her Majesty's service, or any such warrant or petty officer, or non-commissioned officer as aforesaid, or for any police officer, with or without any warrant or other process, to apprehend or cause to be apprehended any such offender or person so acting, and to bring him or cause him to be brought before any police magistrate, for the purpose of having the offender summarily convicted of the same. 4th December, 1886. |