Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1879-01-16
THE REGULATION OF MARRIAGE.
A Proposed Act in New York--A Rig0r.
OHs Measure.
New York Evening Post.

4 proposed act submitted to the state
bar association By Mr. E. l. Gerry. of
this city, provides safeguards against
the consequences of the too easy
method Of marriage to which we re-
ferred the other day. 1t declares that
marriages shall be solemnized only bv
ministers of the gospel or priests, may
ors and recorders of cities, judges of
county courts, police justices, justices
of the peace, justices and Judges of
courts of record, and that there shall
be beside at least one witness of the
ceremony; and it prescribes these rules
for their guidance to the matter, which
we cOndense from the draft Of the pro-
posed act:
at shall be the duty of the minister
or other person authorized to perform
such ceremony, before doing so, to as
certain by examination under oath, to
be administered by him, and separate
and apart from each other, or each of
the persons concerned and of any other
persons, ~ the names, ages, and resi-
dences Of the parties to the proposed
marriage and of their parents, if living;
~ whether either party IS related to
the other, and how and whether the
marriage is with the free will and con-
sent of each party; (3) whether either
Of them has been married or divorced,
and if so, the name of the previous
husband or wife, the time of death or
divorce, and the ground of divorce;
"a name and residence of the witness.
or names and residences of two wit
nesses if there is more than one. Such
examination shall be reduced 20 writing,
and subscribed by the persons exam
lned and by the minister or other per-
former of the ceremony. A person
who shall Wilfully make a false state
ment under this oath shall, upon con
vlction be adjudged guilty of wilful and
corrupt perjury, and shall be imprison-
ed IN state prison for term not ex-
ceedlng ten years. Every minister or
other person who shall solemnize a mar
riage, where either of the parties, within
his knowledge shall be under duress or
within the age of legal consent, or an
idiot or lunatiC. Or to which, within his
knowledge, any legal impeachment ex-
lists, or shall wilfully violate any of the
foregoing provisions, shall be deemed
guilty Of mlsdemeanor, punishable
by fine or imprisonment, or both. The
minister or other person performing the
ceremony shall attach to the examina-
ton written certificate specifying the
names, residences, color and nationality
OF the persons married, names and resi-
dences Of the witnesses or wit
ness, the time and place of
the marriage, and certifying further
that the persons married were
known to the minister or other person
performing the ceremony. or satisfac-
torily proved, by the oath of the parties
themselves, Or a person known to him,
to be the persons described in such GER
titicate, and that they were of sufficient
age to contract marriage, and that after
due inquiry made there appeared no
lawful impediment to such marriage,
and he thereupOn sOlemnized the same
in accordance with the laws of this state.
The person performing the ceremony
shall sign the certificate, and it shall be
subscribed by the witness or witnesses,
The certificate within three days shall
be forWarded-With a certificate OF iden-
LITIGATION of the minister or other per-
son by a magistrate of the county-to
the secretary of state ofthe state Of New
York, to be recorded by him; and the
person performing the ceremony shall
deliver to either party to the marriage
who shall require it a duplicate of the
certificate"
Clergymen would find the solemniza-
ton of marriage under such restrictions
as these a more troublesome matter
than it now is. Some of them might
hesitate sometimes to undertake the
work. Certainly it would not pay to I'M
dertake it in consideration Of an en-
Velope containing the Enclosure Il will
see you in few days." which seems to
have been the meagre compensation
Of the Rev. Mr.. Virgin on recent oc-
casion. Some such regulations as these,
however, are proper and necess airy,
and ifthey should be adopted marriage
might not be easy, but it would be
safer.