FORBIDDEN MARRIAGES.

Otago Witness, Issue 2983, 17 May 1911, Page 10

FORBIDDEN MARRIAGES.

AN UNUSUAL CASE. (From Our Own Correspondent.) CH.RISTCHURCH, May 10. An unusual case was heard at the Magistrate's Court this morning, before Mr T. A. B. Bailey, S.M., when a young man mimed Frederick Cullen, of Greendale, was charged with making a fake declaration before the registrar of marriages for the purpose of procuring a registrar's certificate under "The Marriage Act, 1908." Mr Hunt Appeared for accused. Sub-inspector M'Grath stated that the charge was brought under section 53 of the Marriage Act. On April 21, 1910, Cullen and his sister's daughter (Annie Worsfold) presented themselves at the office of the registrar of marriages, Christchuroh, for marriage. Cullen made the usual declaration that he believed there was no impediment of kindred or alliance, or any other lawful impediment, to the marriage. The registrar issued the certificate and performed the ceremony. Continuing, Sub-inspector M'Grath said that Statute 5 and 6, William IV, c. 54, was in force in the Dominion, except in so far 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 purpesos. These forbidden degrees were set forth in. the Book of Common Prayer. Mr Hunt said it was a great pity that the forbidden degrees of affinity were not stated in the Marriage Act, so that people might know what they were. Sub-inspector M'Grath stated that tho whole question wae whether accused believed there was no hindrance to his marriage in the fact that the young woman was his niece. Accused admitted that he knew she was his niece, but stated he did not know he could not be legally married to her. Sub-inspector M'Grath submitted 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 that it was not the practice to give parties to a marriage ceremony any explanation of the prohibited degrees of affinity. He simply read to them the declaration that there was no impediment to the marriage. The prohibited degrees were not posted up in the office, were not stated in the Marriage Act, and were not mentioned in the declaration made by the parties. He (witness) had been supplied with a list of the prohibited degrees of affinity, but it was not correct now, as ithad been altered. Mr Hunt said that now a man could marry the daughter of his wife's sister.

Alfred Brownke, -Woolston, who witnessed tins ceremony, gave evidence. Constable John M'Lecd, of Goalgate, put in a statement eigned by accused, .in which the latter said that he dad not know there was an impediment to his marriage with his niece. Esther Louisa Worsfold, mother of Annie Worsfold, gave evidence as to the relationship of the parties. She stated she was not aware the marriage was within the prohibited degree. The accused reserved hi-s defence, and was committed to the Supreme Court for trial. Bail was fixed at £3O and" a surety of £3O.