Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1882-09-08
Scottish Marriage Law.

Some three weeks ago a case was re-
ported of anovel irregular marriage which
had been contracted in Glasgow by two
young Irish people who had applied to
Sheriff Lees to have their union duly reg
istered. The name of the bridegroom
was Charles Black, q seaman on board
the steamer Comoran, of Glasgow, and
that of the bride Bridget Scott. The
sheriff ordered the girl to produce a GER
tificate of her birth, and this having been
done, his lordship on Monday pronounced
deliverance, in which he finds that the
couple contracted an irregular marriage
on the 30th ult., in house at No. 90
Gloucester street; that the female peti-
toner lived in Scotland for twenty-one
days Immediately preceding such mar
riage. He therefore grants warrants in
terms of the act 10 and 20 Vic, cap. Sc,
to the registrar of Tradeston district to
enter the said marriage in the register of
marriages kept by him. nos
In note the sheriff SAYS: eThis is an
unsatisfactory case. The petitioners
seemed little more than children, but
they say they are twenty and seventeen
years old respectively. Unable to get
married in Ireland under twenty-one
without their parents consent, they have
come to Scotland, to avail themselves of
the unfortunate laxity of law which al
lows boy of fourteen to marry girl of
twelves even against their parents will.
To form such a marriage irregularly it is
not necessary to come before sheriff;
and it is quite erroneous to speak, as il is
often. done, of sheriff marrying people.
He cannot do so. No one in Scotland
can, save clergyman. But where parties
instead of going before clergyman
after proclamation of bans or
notice on the registrars board
have contented themselves with
declaring themselves man and
wife in the presence of witnesses, they
are entitled, under statute passed at the
instigation of Lord Brougham in 1856,
to apply to the sheriff of the county in
which the marriage was contracted for
warrant to have it registered. Such APP
plications are not uncommon. Last year
there were 143 made to this court By
the registration act of 1864 the SUI
pervision of the registrars books was i'm
posed on the sheriffs; and, though they
have subsequently, been relieved to some
extent of this duty, no correction of any
entry, and no entry of any irregular mar
riage, can be made without judicial
sanction. The petitioners desirotis to get
the irregular marriage which they have
contracted put on the register, have sub
sequently made the present application.
The question is whether, on the evidence
adduced by them, lam justified in grant
ing the warrant they crave. No statute
since 1856 has further restricted the in
dulgent laxity of our law or exempted
Irish people from its scope, and the proof
adduced was sufficient on every point ex-
cept the age of the parties. In conse-
quence requested further proof of the
girls age. This has now been furnished.
A few days ago the girls mother made
affidavit in Dublin that the girl is within
three months of being % years of age,
but that she has been unable to get any
certificate at St. Andrews chapel in
Dublin, where she says the girl was bap-
tized. This is, perhaps, hardly matter
for surprise, for the girl declares she is
only IL, and from her diminutive ap-
pearance l greatly doubt if it is SO much.
10 make matters worse, the boys father
has written to me saying his son is Is,
and not 20; that he and the girl are of
different religions, and urging me not to
authorize the registration of the marriage.
1t seems to me deplorable that any en-
couragement should be given to such a
union, but as the proof in regard to the
ages OF the applicants, though not so
satisfactory as could be wished. is vet
not insufficient, Ihave no opportunity save
to grant warrant for the registration of
their marriage. "-Manchester Guardian.