VALIDITY OF MARRIAGES.

Kumara Times, Issue 1109, 20 April 1880, Page 4

VALIDITY OF MARRIAGES.

At the sitting of the Criminal Court, before His Honor Mr Justice Boucaut, on February 26th (says the South ■ciustralxation Register) a law point of the gravest importance as affecting the validity of marriages celebrated in this Colony in 1868, was raised by Mr C, C. Kingston, on behalf of a woman he was defending in the case of bigamy. The two marriages in the lifetime of the first husband were proved to the satisfaction of the Jury, who brought in a verdict of guilty. The point raised was insufficiency of proof of legal marriage with the first husband. In the ceremony, which was according to the ritual of the Church of England, the contracting parties did not say, “I call upon these persons here to witness that I (A B) do take thee (C D) J® 5®, m 7 lawful wedded wife (or husband), as required by an express proil“ Marriage Act of 1867. No such words are used in the Church of England service; the nearest approach to them are the words—-“I (A B) take the to be my wedded wife (or husband), and Mr Kingston submitted that they could not be regarded as equivalent to the taking specified in the Act. It appeared that a section (38) of the same Act covered the difficulty created by the provision in question, by making registration conclusive evidence of the validity of all marriages; but that section was repealed by the Amending Act of 1868-9- {{? apparently overlooking the effect it might produce on marriages subsequently solemnised according to the rubno of tte Oharoh ol England. His £ ® was with the exceeding f “ p °s ta ” ce ,°? the P°i Qt , and reserved it for the decision of the Full Court. It S t ,d ’ a . question not only affecting domestic happiness in many homes, but in afl f 3Ct ‘ P r °P ert y here and' in England also. There was in it a suffident element of doubt, reason, and aimculty to warrant him in reserving the point. Under circumstances of the case tie postponed passing sentence on the woman, and admitted her to bail till the date of the first sitting of the Full Court

W j ßt 9 oasfcTlmes sa y s s-An Okarito .correspondent writes as follows to a gentletiqmi m town, under date April 7th i omB C /r + man * n ne igbborhoud, and for « d have S ° m V ix or shafts Zala 2 r ed t on J ooA P a y able gold. Even gja and fl Te 0 f hia mateß h | V h 6 V? “ d are P'S ■ a shaft, at which they are working 3 The day ' hey fUlly 6X P ecfc JJ? 9 gfonnd is proved some 400 feet “]? r9adth Wltb the claims already on gold it fa thn,? W Kf f CrS b ° Uom 0n th e same B line J “ thought from present appearance the ground will pay all the way up on the same terrace, after crossing the river at the Forks Where Zala s claim is. This is the opinion of some of the oldest miners in this district.’’