Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-09-30

means are needed"
This abatement Of the rule fully
meets my approval, and IL supported
IIlhen,lffom the evldet CO the plain
m has satisfied the coust mat sue "
,otIng In good faith 10 her claim OF
marriage, AMI thst there ~ = iaif
probability OF her being ablu 10 prove
he fact, Il che has au OPP r,nniir, " j.
The duty Of the clut % direct 1hsi sue
have siimony aud suit money. H.
'ofe ptooeeaing to oiusidet the eve
t,nce. II IL necessary 10 delcfmius
what constitutes marriage, asd tue
evidence Thereof, under the lsv -oi
Utah. Ia 1851 Congress by law re-
luifsd every marriage ceremony 70 10
certified by certificate Ell ned BY the
paftles ami tne officer OF ptrsoh ctl.-
bfallug the marriage, and a fec1tj TO
he msde thereof, which was declared
with the csrtihcstel to he pfima iacie
evidence thereof. IL was also enacted
that nothing In the act should be heid
10 prevent the proof Of msffiasei by
any other evidence then Legally al
misslble for the purpose. IL u CON
reded this legislation Ia directory
only, aud therefore has no bearng
upon the case In hani. In March,
1883, the Territorial Legislature on
seed law regulating mstfisst' w.
l.. Vol ., 25s3.) Marriage Ia pfp.
hibited and declared void, when hot
W solrmniEed by an autnorz u prr,on,
except NJ provided la section OF tnh
aot.0 section simply iesignAtes tue
tersons who may eolrmnlzs mAtHige'
and II lection 7 IL really Tue section
referred 10 IN the exception above
stated, tho reference 10 meanlnBieN
and without poini, since the besisla-
lure Il M sde ~ say, that a mhtlase
void when not solemniHei uy an
authorized persou, except when suleh-
niked by the very petsons deeg lnleu -
being authorized. Section ., however,
u m iollowsi ,,-..,.
person pfofsseii y TO hsVs aulnony
ihufeiofe shall De invalid for want o.
s,,ch autnofI y, N IL IL consummatoj
with the belief VI tue parties, OF oither OF
them. that he had authority, AMI thAi
tuey have teen lawfully married."
The exception 10 paragraph . OF acc
lion . apoted above, applies clearly 10
section o, and the FUNERAL empls yed
ia nrrtioa . IN mauifcstiy inteudei for
o. MuI An WV RNa"NAEAfHNH -
must be 10 read.
IL 10 contended by counsel for de-
fendant THAT the exception pfoVijel
Tor iu section o ibcluIeu cases, anu
those only, where the person assuming
10 celebrate marriage verbally pro-
icsses 10 have authority. In 0thrf
wofdp, that tuch pefson mustsAy some
thing indicating that he really u what
he appears 10 be. In order 10 profess 70
have authority. The application OF
this contention, II SUSTAINED, Will mere
after appear. I do not 10 Interpret tue
language oil the statute. In onaeung
this section, the Legislature plainly To-
tended % protect inn0csnt persons
against consciousness resulting from
the acts Of persons who IN f-ot were
unauthorlxed, but who JrofVssed or
pretended TO have authority n pei-
son deceived by the appearance or
sembiance OF authority, manifested by
act or conduct, anu thus induced 10 be.
lI,ye the assumed auth jrity existed, Ia
clearly within the protection OF the
statute, M much 20 rs " the belief was
Induced by oral statements.
Among the definitions Of the verb
"ptoie,s" 10, ITO SGT up claim TO-"
"Io make ptetenpe "" "to lut on "
ptesent an appearance OF" think
"proi,ssiug" In the statute Ia squiya'
lsut TO "preteuding," aud that II 10
quite immaterial how the profession
Or prslsnse 10 made. whether by word,
not or conduct.
The plaintiff alleges a marriage with
tho defendant In this city ana county
on the 10th day OF O'iober,
A. ID. 1855. IL appears ftOm tue
evidence, that tho plainiln's
mslber, Mis-. Burglund, widov,
came 10 this Territory from Sweden ia
1879 OF 1850, with the two daughters,
the piainufi aud an elder sister who
had been married. but was nj the time
u the beginning OF this history d.
vofced, of Al least was living apart from
her husband and with her mother.
The family were In reduced oifcuin'
stances, aud the mother earned = i've
lihood as dressmaHer. In tue iali oI
1851, the defendant made tho acquaint-
aner Of the plaintiff, then n young girl
OF fifteen years, anu during tue yeaI
following paid her some attention,
taking her out buggy riding and visit
ing her nj her home.
The pIainun tesiihss (corTob0TAied
by her mothei) that curing this time
no gave her diamond ring anda X III
watch. This no denies, tut admits
giving her u seal skin cap aud boa ON
Christmas, 1858, anu also presents u
her mother aud sister. Plaintiff
mother testifies that the associate
ana Intimacy became 10 pr0noun
that In tho isll OF 1885 she questioned
the defendant A. to his Intentions TO-
ward plaintiff, stating that her daugh.
ter was young, was not educated not
accustomed TO hOuhuwOfk, aud In her
judgment would not MAKE a suitable
wife Tor n msn u deionusiit's years and
position. Defendant W y thirty year,
Of ago aud engaged In real o.iate ami
brokerage business. Mrs. Bufglund
stales that defendant told her that hi
Intentions were good, aud that he Wa,
fond OF her daughter, that shs was th,
only girl he likeu, ana ~ he married
Auyone, he would marry her. Ga OF
prior to the 10th oil October, 1855, aul
before tho alleged marriage OF thAl
dale, uefendaEt brought Tor sonO sons
beu ROOM ami phflor furniture ant
carpets to the house for the use OF tn,
family. Prior 10 this tho BUTglunGi
he moved into n house controlled anl
owned In part by defendant, but bein.
unable W furnish II completely, Only
occupied actually three or four rooms
Two rooms were left unfufnlshol anl
unooeupied, aud doieudanrs fuTnl
tute was placed In those rooms
Plaintiff tesliiies that she bsosm,
much attached 10 the utiondAni, ant