New-York tribune., 1883-11-04
THE LAW ON THE SUBJECT.
THE RULE OF TIE CIVIL LAw-sTATUToRY REGU-
LATIONs.

The expression, :" the age of legal consent
when used I'm the statutes this state in regard 10
ragc reans fourteen years in the case OF males ana
twelve in females These arc the ages OF puberty TOT
matrimonial purposes at the common law Ihe rue mas
never been changed by statute In this state although II
ia frequently urged that for this country the respective
ages are too low Tho rule derived from the civil
law It originated in the climate OF Italy, but has
beon followed northern laritudes In Scotland 1t
il the same In some OF the United states the rule has
been changed by statute and later age hNcd'
In North Carolina the age is fourteen IN females ana SIX
teen in males. statute passed In Iowa o'iding
that male persons of the age Of eighteen and female
pcrsons of the age Of fourteen years may he
o,pcd In marriage" There Is one rule. however, that
sccus to bc uuvcrSa-tha If either Of the parties to the
marriage il under the OF seven years the marriage
uulIitv If both are moro than seven years old ana
either one or both below the age OF legal consent t'
may sl contract imperfect marriage the character
Of which can only be determined Ivy the ratification or
pon-ratGcaton Of it upon the age Of consent being
reached.
It's provided IN tho Ncw-York Code OF Ciy Procedure
that nh action may hr maintained by the woman To
proourc Judgment declaring marriage contract void
and onnullinC the marriage" % whore the woman as
not attained the age OF fourteen years at the time OF the
msrriagc (2l where the marriage took place without the
consent Of her father mother guardian or other person
having the legal charge Of her person; l3) where the
marriage Is not consummatcd ratified by mutun con
sent of The parties after the girl has reached the age Of
fourteen years Among other causes given In tho Colc
Tor which "A marriage may be Hnnullcd or declared NOu
n, the following; (D That or both OF the ifllt@ nae
r has NOT attained the age OF lCgu CONSENT ~ tat
tc Conscut of one OF the parties obtained 10y OIcb
durrs. or fraud These arc the only New YORK statutes
afcctiu. or regulating the question OF age III IlhildEr
Substantially the same tattCS have been In force IN TINS
STATE for many years. Comparatively few cases have
arucarCd in the for the HHnulnG OF marriages
made under the age Of legal consent either IN Ills OF
other states One Of the earliest and beSi-knOWn cases
Cf i character In New-NUrK that OF Aymar against
Rolf In the Summer Of 1917 Mrs Pct,F Aymar went
with her daughter Eliza A.. age eleven, 20 boaiu WIN
Mrs Rolf on Staten Island. W. J.. Roll son OF Mia'
RoG WHO was more than tWCntythIec years od, one u
proposed to tho r that they should go TO mnhtr ana
be married Eliza, considering If Nero irclc agreed
and went with Rolf To the house OF the Rcy. Robert l.
Randolph a Baptist minister, by whom tho ceremony
was prTformrd This three dnNs before the emu
bocainr twelve wears Of age she told her mother ana
father Of the occurrence aud they brought her at Once 70
EcyrYork ON her twelfth birthday. after la ing been
w i'm her rower TO do sic kCn before Master III
,'bguccry, before whom she rcpGdated the marfiaSc
AncrwaId on bill filed by her fat.er as next tilcD
ir Court of ChanCery ordered the girl 10 he pHcod nur
thc nrOtection o, the court ward ana plOhlDitcd
Rolf fOm all intercourse correspondence WIN h'T
undcr uain of incurrug contempt This case attracted
considerable attention az the time. -,
There are sc, cra other reported III the new
Yor, hooks I'm which Judgment asked nnnulling
marriage entered into under such circumstances; but
thry have been Of occurrence. The most common
rroiud IOr notions to Gnnul marriages Il lrdud' ana
into these thc question very often cntelS ~ an
element. a. for instance, where has inNcigcd
younr and wcaB-ininded woman into clnndnstne mar
iirge for her wealth or other improper purpose