New-York tribune., 1901-12-29
THE NEW MARRIAGE LAW
,~rFNDED TO PROTECT BOTH MAN AND
WOMAN AND PROPERTY RIGHTS.

s.a+u,e which was PASSED by the legis-
-. last winter common law marriage is to
= abolished in this State on and after January
The hill was introduced by Assemblyman
~, Weekes of this city, who secured IT'S
.~sarA after vigorous fight of two years.
-~.+esd of the present common law marriage
-h.-e consent on the part of the man and
-o-,an and cohabitation have been sufficient to
-.,,e +bern husband and wife in the eyes of the
t., : written contract is TO be substituted.
.-..-rtsqe is 10 be null and void if no con-
.-oc. ran be shown signed by the parties. The
,.rr 5oee not at all affect the regulations
- which 2 marriage may be solemnized either
- ,,e-zvr,an or 10y civil or judicial officers.
- s,ated AT the time of the enactment of
-, x,-al,.e Marriage law, il is bound TO have
.oh;,g results. altering as it does one Of
.za,,ental statutes of the State. Pub
= "a the exact provisions of the new law
-.v,acted will TO a great degree bring about
- .-servance although il is feared that among
-. IGNORANT classes It will take many years be-
=, +be idea that common consent and cohabi-
...or are sufficient qualifications for legal
-.a--isre is overcome. In explaining the pur
rose and the scope of the new law Mr.. Weekes
satd 70 a Tribune reporter yesterday:
This law is expected TO render more secure
the marriage relation. TO protect both the man
and the woman from blackmail. which now is
often plotted by adventurous persons, to defend
children from the fate of negitimacy and to Sc
cure property rights
IT is a fact that under the present law the
peopIe Of this State may mate like the birds of
the air. The present laws regarding the most
solemn relation which can exist between the
members of the human are utterly lax and
fnoperative. Under cover of secret common law
marriages the unscrupuIous may and do enter
into casual and vicious relations, and marry and
unmarry at pleasure. Under protection OF the
existing law the adventures may and does op-
crate her schemes of matrimonial blackmaiI.
The present law works both ways. Many a
man does not know whether he is married or
not. If he is wealthy. and. in the belief that he
IS a bachelor. marries a woman, some advent
uress may appear and denounCe him a big
amist. Another opportunity for the schemes of
the adventures is TO be found on the death of a
wealthy bachelor. She will appear at the fu-
neral dressed in the deepest of mourning. and
subsequently bring an action to establish her
rights as his common law wife.
The new law will protect the woman much
as, If not more than, the man. Under the pres
ent system the virtue of our women is endan-
gered. 1t is frequently the that woman
who has long supposed herself to be common
law wife is adjudged by trial court to be a
mistress and not wife. The case Of Badger VS..
Badger. IS n. Y, 456. was a case where a
woman who had thought herself 10 be a legally
welded wife for thirty-fve years was finally
adjudged a mistress and her four children were
declared illegitimate.
The possession Of property rights will also
be protected by the new law. Under the present
statute a man may have bought and sold prop
erty for years and for sums aggregatng mill
thought all this time that he unmarried
man. but his death a woman appears. who
contends that she is his wife and brings action
for a dover right from all Of these innocent pur-
chasers."
The exact provisions which are to govern the
ma king and filing of marriage contract under
the Weekes law are as follows:
The written contract must be signed by both
parties and at least two witnesses.
tracing parties and Of the witnesses
II shall give The time and place ace. Of the marTiage
nesses in the manner required for acknowl-
edgment OF conveyance Of real estate. to entitle
It shall be, hled within six months after its ex-
ecUtion in the ofnce Of the clerk of the city or
town where the marriage took place
When the certificate is presented at the office OF
in a book kept by him in alphabetical order.
for certified COW OF certiicste or contrs'ct nr
entry. 10 cents
The new law is meant to protect person who
becomes party to the contract in good faith.
If there is mistake in the time or
place OF the marriage, of the residence of
either OF the two parties This has been put
into the law TO protect a woman who might
have been enticed into marriage and induced
to sign such a contract, only to find that her
husband had attempted TO deceive her and 10
free himself from the matrimonial ties by pur-
posely making some technical mistake in the
contract