Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-12-05

in instances OF a supposed husband rcpudtatinII
his marriage ties because the priest Was nod
duly ordained; or the license was not issued IN
due form; or the register assigned In ictitiou4
names English law was formerly very strict
In such requirements. aud still prescribM
certain forms essential The Ike
nohcy prevails In several OF the states. The
advantages OF IL are that it facilitates ascertain.
ing who are married, and determining question:
OF support OF wives Legitimacy of children and
descent OF property; also. that Il enhances tho
dignity of the marriage relation. Thee. sadyan.
tage Is that III gives opportunity for a.. >cnt
conhding women To be BETRAYED by heart.ess
libertines; Tor whatever the required ceremoniea
are. the man. IL they are made essential TO wife.
hood. by crafty imitation OF them can reserve
legal right to repudiate at his pleasure the
woman who has believed herself his wife For
this reason chiefly many OF the states New
York especially, treat any actual agreement OF
competent persons TO take each other In mar
riage as ayald marriage. no matter how n ID
expressed or how il is proved. Their laws do
indeed prescribe ceremonies. perhaps require q
license. or publication OF banns or the atten-
dance of priest or a magistrate, or record Of
the AFFAIR; II, however. either of these things 10
neglected, the culpgt is fined or possibly i'm
prisoned-the neglect forms no objection 20 the
marriage. Judgment 10y Chief Justice Folger.
widely published few years ago put this doc.
trine in very salient language And numerous
cases are on record In which most informal and
irregular agreements OF marriage have been en-
forced; such as aweddlng solemnzed Ivy mock
priest; an impromptu bargain between an en-
gagged couple while riding by themselves I'm a
chase;a man sintroduct;on of a woman nj board.
ing-house or among common friends as his wife:
and the like. We counsel the BROOKLYN pair to
waste no time In inquiring as to the clerical
Character OF the man who married them. That
they seriously declared themselves man and wife
would be enough in New York state to make
them so.
/. But there is another element Was the affair
only practical joke! Undoubtedly the law re-
quires serious purpose of marriage we'd
ding in fun is not a wedding in law. This has
been several times decided: witness n New Jer-
sey case In which young people on an excursion
party arranged a mock wedding i'm sport, and
two OF them stood up, and one OF the older and
graver men present was asked to perform the
ceremony, which he did The jokers did not
know that he happened to be a Justice and he
did not know that the affair was a Joke But a
few days afterward, when the friends of the
young lady heard that the Justice was about TO
send notice of the marriage TO be recorded. there
was anxiety and CONSERVATION among them
by. means of an expensive lawsuit lasting two
to swear to the testing purpose and by la
bored argument in court. they succeeded i'm get
ting Judgment that there had been no mar
rage. The Brooklyn pair are not bound In
earnest II their responses were made only In
fun" But this Is matter diffiucult OF proof
after lapse of time; hence IL may be safely said
that few of the sports OF young people are sillier
and more dangerous than a wedding In fen.