The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-08-17
ENGLAND.
ThO Puzzles and Uncertainties of Her
Ia

"a case ON the Interpretation of the English
law OF marriage, which has Just been decided
by Sir James Wilde, throws curious light on
some OF the difficulties of the subject. A young
lady of the name of Wormald, aged sixteen,
eloped with her fathers footman, certain
Thompson Neale, aged eigh hteeD. This young
for the event, with one little exception.
In his native parish in Lincolnshire he
had caused the banns to be put up, he
had fixed the day and hour, and engaged
the clergyman to attend. To the legality
of his proceeding there was only one objection
-he had given his intended wife's name as
Morumild instead OF Wormald. When the cler
gymaD, who happened TO come from aneighbor-
ing parish to oblige the incumbent OF Neale's
parish, met the parties at the altar he asked II
their names were those stated in the notice of
banns, and the girl replied that her name was
Wormald. Then he performed the ceremony in
that name, and the register was duly filled up
accordingly. Next day the bride repented of
her choice, and returned 10 her fathers house.
That gentleman at once took steps to have the
marriage declared irregular; and in this he
has succeeded. Every one will rejoice that a
silly girl escapes even at such cost pro-
bable life of misery; but the means by which
her rescue was effected illustrates some of
the puzzles attaching to our marriage system.
As the law now stands, marriage under false
names is bad only if both parties are cognzant
of the error. Had, therefore, the clergyman
proceeded with the ceremony on the assumption
that the names in the banns were correct, there
would have been no evidence that Miss Wormald
"
and, as a consequence, the marriage must have
been pronounced valid. Now clergyman Is
not bound to make any such previous inquiry,
and thus 1t was the mere accident of his putting
the question, and the bride being sufficiently
collected to distinguish between the sound of
Wormald and Morumid, that enabled her after.
wards to escape from the consequences OF her
fooh hsh act.
ait cannot be said that this is very satisfac
tory state of the law. The provisions of our
marriage system have indeed IN this case broken
down on several Of their most important points
They seek to prevent clandestine juvenile mar
riages; yet here is a case in which, but for a
mere accident, good marriage would have
been effected between footman and his mas
ter's Gaueh hter, aged sixteen, without the slight.
est warning to her parents. They seek TO give
certainty to the marriage relation; yet here is
an entirely new question raised, which the
Judge cannot decide without taking some days
to consider it. Moreover, we may easily see
how very slight change of circumstance
might have made the result entirely different
Had Neale given the young ladY's name as
Worumild (Which, in fact, 1t is far from i'm
probable he may have meant to do, as the
parish clerk showed him three different ways
of spelling the name which he understood was
intended, and a groom might perhaps easily
mistake an M for wy the difference In sound
would not have struck the girls ear, she would
then have remained ignorant of the error
and consequently her marriage would have
been good. Nay, ii she had even inquired about
the spelling, and discovered the inaccuraCy In
that respect. there would have still been q
question whether the two names were not
substantially the same, or at least too little
different to vitiate q marriage. And yet if In
any of these particulars we try whether we
could obvate the difficulty by altering the terms
of the law, we shall only find ourselves involved
in worse mschiets. II we were to declare that
here, as in France, no marriage of minor
should be good without consent OF parents, we
should merely give TO villains an opportunity
of Iepudiating at pleasure the wedlock into
which they had lured their young and unthnk-
Ing victims. II we were to enact that any
error in the banns, whether known to one OF
The parties or not should vltiate the transac-
ton, We should provide every one with the
most convenient means OF secretly rendering a
marriage bad, though to all outward appear
ances it was good. In fact we may dismiss
any such eXpedients from cur mind as imprac-
ticable for they were both resOrted to in Lord
Hard wicke's Marriage Act of 1854 and we found
ourselves in 1924 obliged to repeal them.
"From the colonies, no Wever, there comes TO
us q suggestion OF a different character South
Australia has lately passed an act to consolidate
and amend its Marriage laws, which awaits the
sanction of the Secretary of state. In this
measure the general rules are, that any regis
tered clergyman, or any district registrar OF
births, etc, may celebrate marriage, tne
essential part of the ceremony being only a
declaration before two witnesses that the par
ties take each other for man and wife. In the
case of minors written consent by parents
must be produced. In all cases, fourteen days
notice Of the names of the parties must be given
TO the registrar in each district. After the mar
riage takes place the fact is duly entered IN a
book, All these requirements are enforced by
heavy penalties. But while thus far South
Australia folio VS. English law in general way
here comes the essential difference. Supposlns
any of these requirements are neglected, the
penalties of fine or imprisonment are inflicted
but the marriage is not declared bad. 1t Is. IN
deed, specifically enacted that no marriage, II
fact, shall be avoided by reason only OF any de
feet or error in the declaration made respecting
the same where the identity of the parties il
not in question:: and it is further declared tina
no erlor in stating that consent had been given
or in the residence of the parties, or in the for
mality of the license or certificate OF notice
shall be admitted to be proved but that thu
register shall be conclusive evidence OF all mar
riages entered therein, and upon no ground o.
pretence shall be impeached. Now, here,
least we have something approaching 10 Ger
tainty, Questions may, indeed, arise about th
register volume itself, and, of course, any ple
OF forgery must st1ll be tried in attempting Il
prove or impeach identity. But at last we haV
the great tact that, given an entry In the prope
register, and given that the identity OF the par
ties is made out, no falsehoods or blundern
about names, or notices, or witnesses, or consen
of parents or character OF clergymen, or consC
Grafton of buildings, can in any way impeac
the fact of a marriage being had between tn
parties who at the time were represented oy tn
registered names"
Sketches at Her MsjsEty's Opera.
One of the best contributions to the last mum
Der of London Society is that entitled "Sketche
at her Majestys Opera" We give one passage
"Who is that? Why that is Mr.. Mapleson
the director of her Majesty's Opera; one of tn
most indefatigable OF the caterers for the public
to whom distance is nothing and space betwee
Liverpool and Lyons on Bond street and Berli
to be swept over in the sorting ofa hand at cards
This gentleman abounds in vigor, resourcC
and readiness, and practical talent. He ha
done so many things that are difficult, that
really do not know which to enumerate nrst.
'That surely, is TItiens.