MAN MARRIES HIS NIECE

Dominion, Volume 4, Issue 1124, 11 May 1911, Page 5

MAN MARRIES HIS NIECE

ALLEGED FALSE DECLARATION,

(By Telegraph-Special Correspondent.)

Christchurch, May ]0. An unusual case was heard at the Magistrate's Court tin's morning before, Mr. T- A. B.'Bailey, S.M., when a young man. named Frederick Cullen, of Greendale, was charged with . making a -false declaration before tho Registrar of Marriages for the purpose of procuring a registrar's certificate under the Marriago Act, 1908. Mr. Hunt appeared for accused. ' . . .

Sub-Inspector M'Gralh stated that the chargc was brought under Scction 53 of the • Marriage; Act. • On• April 21, lfllfl, pillion and bis sister's (laughter, Aunio AVorsfold, presented themselves at the office of the Registrar of Marriages, Christchurch. for marriage. Cullen made, the •usual declaration that ho believed tliero urns no impediment; of kindred, or alliance, or any other lawful impediment to the marriage.. The Registrar issued tho certificate,- and performed the ceremony. Continuing. Sub-Inspector M'Cirath sai'd iliAt Statute.s and fi, William IV, C M, was in foi'ce jn the Dominion, esc-opt in; so for as it was affected by our own legislation. This statute enacted that all marriages celebrated between parties within the forbidden degrees of consanguinity or affinity were null and void. To all intents and purposes the forbidden degrees were s.et forth in the Book of Common Prayer. Mr. Hunt said it-was a grea.t. pity that the forbidden degrees of atfiniiy were not Bluied in the Marriage Act, so that people might know what the":were. Sub-Inspector. M'Grath"slated that tho whole question was whether accused l>elieved there was no hindrance to his marriage in the fact that the voung woman va-i hia niece. Accused admitted he. knew she was his nic-ee, but stafed hs did not know, he could not bp legally married to her. . Sub-Inspector M'tirath enbrnitted that it was for a jury to decide whether a man brought up in a Christian country could be ignorant of the impediment. : L. C. Williams, Registrar of Marriages, stated ,H jvus not the practice to give parries to a marriage ceremony any explanation of the prohibited degrees of affinity. ■ He simply read to them the declaration that there was no impedi- . merit, to tho marriage. The prohibited degrees were not posted up in the office, werfc not stated in the Marriage Act, and were not mentioned in the declaration made by tho parties. He (witness) had been supplied with a list, of the prohibited degrees, nf affinity, but it was not correct now asit had been altered. Mr. Hunt said that now a man could marry the daughter of his wife's sister. Alfred Brownlee Woolston. who witnessed the ceremony, eave evidence. Constable John M'Leod, of Coalgatp, put in a statement signed by accused, in willell tho latter said that he did not know there was an impediment to his marriage with liis niece. Esther Louisa, Vrorsfold, mother of Annie. Wnrsfold, gave evidence as to the relationship of the parties. She stated she was not nwaro the marriage was within- Hie prohibited degrees. The accused reserved his defence, and was'committed to the Supreme Court for trial. Bail was fixed at .£3O and a suretv of X3O.