A PECULIAR CASE

Taranaki Daily News, Volume LIII, Issue 299, 12 May 1911, Page 8

A PECULIAR CASE

YOUNG MAN IX TROUBLE. GOES THROUGH MARRIAGE CEREMONY WITH HIS NIECE. By Telegraph. —Press Association. Christchurch, May 10. An unusual case was heard at the Magistrate's Court this morning, before Mr. T. A. B. Bailey, 8.M., when a young man named Frederick Cullen, of Greendale, was charged with making a false declaration before the Registrar of Marriages for the purpose of procuring the registrar's certificate under the Marriago Act, 1908. Mr. Hunt appeared for accused. Sub-Inspector McGratb stated that the charge, was brought under section 53 of the Marriage Act. On April 21st, 1010, Cullen and his sister's daughter, Annie Worsfold, presented themselves at the office of the Registrar of Marriages, Christchurch, for marriage. Cullen made the usual declaration that he believed there was no impediment of kindred or alliance or any other lawful impediment to marriage. The registrar issued a certificate and performed the ceremony. Statute 5 and 0, William IV., C 54, was in force in the Dominion except in so far as it was affected by our own legislation. This statute enacted that all marriages celebrated between parties within forbidden degrees of consanguinity or ainnity were null and void. To all intents and purposes these forbidden degrees were set forth in the Book of Common Prayer. Mr. Hunt said it was a great pity that forbidden degrees of affinity were not stated in the Marriage Act, so that people might know what they were. Sub-Inspector McGrath stated that the whole question was whether accused believed there was no hindrance to his marriage in the fact that the young woman was his niece. Accused admitted he knew she was his' niece, but stated he did not know he could not be legally married to her. Sub-Inspector McGrath submitted fcfcat it was for a jury to decide whether a man brought up in a Christian country could be ignorant of the impediment.

L. C. Williams, Registrar of Marriages, stated that it was not the practice to give parties to a marriage ceremony any explanation of prohibited degrees of affinity. He simply read to them the declaration that there was no impediment to the marriage. Prohibited degrees were not posted up in the office, were not stated in the Marriage Act, and were,not mentioned in the declaration made by the parties. He (witness \ had been supplied with a list of prohibited degrees of affinity, but it was not correct now, as it had been altered. Mr. Hunt said that now a man could marry a daughter of his wife's sister. Constable McLeod, of Coalgate, put in a statement signed by accused, in which the latter said he did not know there waa an impediment to his marriage with his niece. Esther Louisa Worsfold, mother of Annie Worsfold, gave evidence as to the relationship of the parties. She stated she was not aware the marriage was within the prohibited degrees. Accused reserved his defence, and was committed to the Supreme Court for trial. Bail wag fixed at £3O and. a, surety of £3O. ,