Mr. Pitkin to Mr.
Blaine.
Legation of
the United States,
Buenos
Ayres, November 20, 1889. (Received
December 31.)
No. 12.]
Sir: Referring to Minister Hanna’s No. 235, May 20,
1889, reciting certain embarrassments to citizens of the United States
contemplating marriage here and inclosing translation of the civil marriage
law of this country of November 12, 1888, I have the honor to invite your
attention to a new enactment herewith inclosed on the subject-matter,
involving certain repeals and amendments whereby it will be seen that a
certificate
[Page 19]
of birth or baptism, and
in case of previous marriage a certificate of death, are no longer required
and that a certificate of civil status is likewise dispensed with.
I am, etc.,
[Inclosure in No. 12.]
The new civil marriage law.
Congress has amended the civil marriage law as follows:
- Article 1. The following clauses of the original act are
hereby annulled: First and second and the final paragraph of
clause 4 of article 19, as also articles 20, 21, 22, 23, 24, 25,
36, 51, 113, and 114 of law No. 2393, dated November 12,
1888.
- Art. 2. In clause 5 of article 19 of the said law the
following words shall be interpolated after the word: “declared”
“on the identity and.”
- Art. 3. Suppression shall be made of the reference made in
articles 89 and 92 to the fourth clause of article 9.
- Art. 4. Article 31 of the said law shall be modified as
follows: “Opposition must be made in the presence of the employé
who intervenes in the arrangements prior to the celebration of
the marriage.”
- Art. 5. The following shall be added to article 43: “incurring
all the responsibility in case of malicious
denunciation.”
- Art. 6. Article 47 shall be modified as follows: “If, in the
opinion of the employé intrusted with the civil registry, the
parties to be married are in a condition to be married, the
marriage shall be immediately celebrated, so that everything be
set down in one document, which shall moreover contain (1) the
declaration of the contracting parties that they wish to be
married, and that of the employé intrusted with the civil
registry that the marriage has been celebrated in the name of
the law; (2) the recognition by the contracting parties of
natural issue, if any, to be legitimatized by the marriage; (3)
the name, age, estate, profession, and residence of such of the
witnesses, if others than those who declared as to the
suitability of the contracting parties; (4) the mention of the
power, giving date and name of notary before whom said power has
been granted, in case of marriage by proxy. Said power shall be,
moreover, registered in the bureau.”
- Art. 7. To article 47 the following shall be added: “In the
case of the suitability of the contracting parties not being
admitted, or of opposition or of denunciation, the public
employé shall suspend the celebration of the marriage until all
such obstacles shall have been removed; a statement to this
effect should be made in writing and a copy given to the
interested parties if they require it, so that they may be
enabled to apply to the Juez Letrado de lo Civil.”
- Art. 8. The following, as a fresh article, shall be inserted
after the preceding article: “In the case of the preceding
article the statement of the celebration of the marriage shall
be made separately from that of the previous arrangements, and
shall, moreover set forth (1) the date of the statement; 2) the
name, age, profession, residence, and birth-place of the parties
appearing; (3) the name, age, profession residence, and
nationality of their respective parents, if known; (4) the name
of the former deceased husband or wife, in the case of a
previous marriage; (5) the consent of the parents, guardians, or
that of the judge when necessary; (6) the mention of opposition,
if any, and, if so, how such opposition was overcome.” 7, 8, 9,
and 10 are a repetition of the statements mentioned in article
6, that is, article 47 amended.
- Art. 9. Article 52 shall be modified, and the words “and that
they should manifest the desire to recognize natural issue”
shall be added after the word “death.” Also, article 53, the
words “according to article 22” to be changed to “by means of
notices affixed to the doors of the bureau.”
- Art. 10. Article 54 shall be modified as follows: “All the
steps taken for the celebration of the marriage, with the
exception of articles 39 and 43 in that which refers to the
substantiation of opposition, shall be made before the public
employé, and shall be registered in bound books, without
interfering with the other formalities enforced by the civil
registry act. The copy referred to in article 50 shall be made
on ordinary paper, which copy, as well as the copies of all
matters pertaining to the celebration of the marriage, and not
requiring a stamp, shall be made gratis.”
- Art. 11. This law shall come into force from the first day of
December of the current year.
- Art. 12. Let this be laid before the Executive.
The President has already promulgated this law, to understand which all
interested parties must secure a copy of the original act.
