Louisa White, "Commissioner for minors", 1847 marriage

[msdorney]

Louisa White married John McDonald on 28 July 1847 in a Catholic Ceremony in Sydney and then  in an Anglican ceremony on 1 December 1847. She was about 16 or 17.

Consent for the second marriage was given by the "Commissioner for Minors". (No consent was indicated for the first). I can find absolutely no information about this Commissioner, and I've searched trove, Government Gazettes, and the internet, the last of which only turns up a post I made about this topic around a decade ago.

If I can learn something about the role of the Commissioner, and what this might indicate about the status of her parents, Louisa's exact age, and why his consent might be required, that would be really helpful to me, and would narrow down options for research.

According to Louisa's death certificate her parents were William White, a farmer, and Mary Charity Hall, but I have never been able to track them down, being such common names.

The following are the possible birth places for Louisa:
America: Son John's birth certificate, 1856. Informant: Husband John
Pimlico, London: Son Joseph's birth certificate, 1861. Informant: Husband John
Halifax, Nova Scotia: Daughter Emily's birth certificate, 1871. Informant: Daughter Mary
Plymouth, England: Death certificate. Informant: Thomas Manning, authorised agent.

There are six more children's birth certificates that could be purchased that would provide more data points for Louisa's birth place, but I'm not convinced of the value of that approach, considering what I've already found.

The death certificate also states she spent eight years in New South Wales, but these figures are always rubbery.

Thanks in advance for your assistance.

[Dundee]

The Commissioner or Guardian of Minors was a responsible person, often a Police Magistrate, who satisfied themselves that an underage person was marrying of their own free will.  She obviously had no parents or older male relatives around who would normally be the ones to give permission.

Debra 

[msdorney]

Now, that's interesting. And I'm so impressed that you know that, because every couple of years for a decade or more I've tried researching the title and come up blank.

So the role of Commissioner was a hat put on by an official at a certain time? and presumably it's no evidence that her parents were passed away, just not present, as it's not a guardianship role?

Do you know what age precisely was underage?

Many, many thanks.

[judb]

The actual law can be found here:
http://www.legislation.nsw.gov.au/acts/1838-17a.pdf

Underage is under 21.

There is a reply here to a query you made back in 2009 which may be helpful still as it gives an example of the appointment of a "guardian" in 1839.
http://www.genealogy.com/forum/regional/countries/topics/australia/70119/

Taken from:
http://gazette.slv.vic.gov.auhttp://gazette.slv.vic.gov.au
(The Victorian Gazettes now online contain NSW Gov Gazettes to 1851)

The references from 1839 onwards mention many NSW localities - the original reference concerns who may be appointed to authorise the marriage of minors who arrive in the colony without family.
e.g. 10 Jan 1839
In the Supreme court of NSW
In pursuance of the power given to the Judges of the Supreme Court, by the Act of the Governor and the Legislative Council of New South Wales, 2d Victoria, No 13 entitled "An Act to authorize the marriage of Minors without the consent of parents or guardians in certain cases" We do hereby appoint Pieter Laurentz Campbell Esq, one of her majesties Justices of the Peace in and for the said Territory, to be a Guardian for the purposes of the said Act for Parramatta and the district thereof.

There does not seem to be an actual term "Commissioner" for such a person.  Perhaps the church used the "commissioner" definition.

Judith