Mr. Neill to Mr.
Hay.
Legation of the United States,
Lima, November 26,
1903.
No. 822.]
Sir: Referring to the communications sent from
this legation regarding marriages between non-Catholics in Peru, I have
the honor to transmit for your information copies of a recent law on
this question.
It appears, according to article 71 of the constitution (mentioned in
this new law): “If the Executive does not order the law so passed to be
promulgated and complied with, nor make its observations within ten
days, according to the terms of article 69, the promulgation shall be
made by the president of Congress, and he shall order it to be inserted
for its execution in some newspaper.”
This new law is as follows: In order to come within the precepts of the
law of December 23, 1897, it will be sufficient for the mayor to
authorize the marriage, that either of the contracting parties should
declare that he or she never belonged to the Catholic community, or that
he or she has separated himself or herself from it.
The decree of October 25, 1903, was not opportunely promulgated by the
Executive, and in virtue of the said article 71 of the constitution,
Señor Nicañor Alvarez Calderón, president of Congress, ordered it to be
printed, circulated, and communicated to the bureau of justice, worship,
and instruction, in order that the necessary steps be taken for its
observation. This on the 23d of November, 1903.
I have, etc.,
[Inclosure.—Translation]
Non-Catholic marriages.
Nicañor Alvarez
Calderón,
President of
Congress:
Whereas Congress has dictated the following law:
Sole article: In order to come within the precepts of the law of
December 23, 1897, it will be sufficient for the mayor to authorize
the marriage, that either of the contracting parties should declare
that he or she never belonged to the Catholic community, or that he
or she has separated himself or herself from it.
[Page 695]
Let it be communicated to the Executive power in order that it may
take the necessary steps for the compliance with it.
Given in the Hall of Congress, while in
session in Lima, on the 25th of October,
1903.
- Anteñor Aspillaga,
President of the Senate.
- Nicañor Alvarez
Calderón,
President of
the Chamber of Deputies.
- Geveriano Bezada,
Secretary of the Senate.
- Emesto L. Raez,
Deputy Secretary.
To His Excellency the President
of the Republic:
Whereas the above law has not been opportunely promulgated by the
Executive, in virtue of article 71 of the constitution, I order it
to be printed, circulated, and communicated to the bureau of
justice, worship, and instruction for the necessary steps to be
taken for its observance.
Hall
of Congress, in Lima, on the 23d of November,
1903.
- Nicañor Alvarez
Calderón,
President of
Congress.
- Victor Castro
Iglesias,
Secretary of
Congress.
- Emesto L. Raez,
Secretary of Congress.
