THE BREACH OF THE MARRIAGE ACT.

Waikato Times, Volume X, Issue 827, 4 October 1877, Page 2

THE BREACH OF THE MARRIAGE ACT.

The following is the report in fall of the Hamilton elopement case, from the 'Herald , :— .

Yelvertrn O'ConaelL describe* as 24 year* of ag#, surrendered to hi* bail to take hia trial upon a charge of making a false declaration, in contravention of the. Marriage Act, which declared the making of such a declaration a misdemeanour, punishable by fine and imprisonment. Toe young lady was present as witness in Court. She waa visibly affected by the defendant being placed in the criminal dook, for she hid her face in her hand*. Sue ie stated to be 16 yeara of age (or thereabouts), and the offence involved in the declaration was that the defendant represented her to be 21 before the Registrar of Marriages. . Tne defendant, being called upon in the ordinary form by the Registrar of the Oourt, pleaded guilty. Mr Tylar appeared for the prisoner, and addressed the Court in mitigation of punishment as follows: £am instructed »j tefendftht to »ppo*r for himftndtQ

offer ft few obeervetioos to«,the.Court, with »?iewto induce your Honor to.paei a leaient sentence. In the Court below the justices had no jufiedictiou to die* pose ef the. ohirtfe.' I th»t your Honor will be, guided t by : the circumstances of the, case, and have regard to , the parties concerned. ? The' prisoner at the bar r andtke young lady were brought up. together.' Both families-to wnibtt these^young';people • belong> have .been neighbours, and acquaintance* for m*ny y«an,||ipd were on mutually visiting. term*. r/An~ attachment sprnag up b<*« twe«u thjs yeuntf couple—a very tender attachment—which ultimately-resolved itself into, a mutual engagement to marry. The defendant, as an honourable requested the father , ! permission to marry hie daughter, and the father at ohceoonee ; .te3; , Tjuui then appeared to "be no inequality, »r u'ueuit* ablenes< ia\ a nUtoh waich wae accepted by aft .parjiee xsoncernti at deiirable aft that time. v But".th»« wm nine- .months **o> At that tiuwf «od for, a long time •übiequeutly, thui youug- mm was, a visitor, at tor house .of. the young lady, and rec(>gnfie4 =a*-her. accepted auitor. But a ehort ,tiitf#*iacei a poreyn namud Settle* caflie to retid -.. Hie Hinori I going: iuto mattera thaO:ar« oec before the Courts -r ;: * ">' <: ;\i-d-J ,),*'. ;,;i Mr Tyler 7 : I am endearou ing, your Hoiipr, to .myeSff as t muoa a« p'«ition of. the detoud*ne in belialf. ■'-, ti His Hoitpr • I^>hei ? a are .faote wh eh •re witlkUi'tliekQow. dge of .tbe Uefendand atbhe, they, 'oau uuly be ejppken to : by.hiiiwleif.*- ..'-.v- , '-, ..• •-•. ■ ••/.-.. Mr Ty^ee:'leaa»h>w that thia lady was ~ peneouted .by.*, her father y bdcaute ehe would- not break off hor , eegagemieut with' the deieddaat, and an - attempt' was m<de to force, her intu • with aautber man. whum she did not wien to marry. . - . His Honor: lam of opinion, Mr Tyler, that you as counsel, oau ouiy apenk ad «eoond-han 1 to faots which are wicUia (,heikuoirledi{e, l cjf. t other persons. If the prisoner is alone in poweaion of the jchowled^e^ofrrpartioular u fao6i,.he alone w in a position to etate luein when addres* sing che ; jury, and even then hia etate* meat womd nob i>e «Ti^l«nbe. Mir Tyler: The father, I am.sorry to nay, has put every. .obitao>e in 'the way. £ may sMte, also, that this y»uni man ' has been keeping hi* father and mothdr, and as : in othjr respects, his couduot h*e beeaexemplaryi Ihe you.ig laty is tenderly »fc&auued.t» him etiii;, ehe declarel io below tn«t sne it%a* who initriictei m»n to aay aha ww ef aget-tuat eha did so to Vecape the per#epua>)n to «he had beon aubjeolked : j;, that ehe wae atiil reaiy and wiiUug to marry thta ybuug man, and would marry no other. His Houor: it is not,. Mr Tyler, th»t we can only hear m« ter* of face, of which the defendant has from himself, _buc,we mujt'noir eater upon extraneous macters. Z..'' _ J" MrTyier: I. am assured , your Honor will take all.thei cirpumefiSuces into ymr oonsideration, aud regard to the ra« lationa of all parties conoennd. No charge of any kind had ever oefore beaa brought against this yoaug maa. HiVHbaor (ia eunteaoe) sudt yelvenon O'ttonaeU, you bare pleaded guilty.to.a charge agsiust you of n mug made a false deciarattoa under tne Marriage' Act; TnatAot requires cuat a declaration nhall be nude of tue full age of the parties to be married. Thac Aoi is designed ..for the purpose of protucoiug young Darsira* wio do' iiot know ihdir own minds and miy be. hascily led iato a i majriagiijsjijit jaate for life. The inteuiioa -of the Act unaOuotelly ia to give to • p*reaiM and gaardulii the power of pro* teoting their. o'iUdreul£j<n baiag led -y traneient feeliugj) msontsty inAmages. By the Statute the act of making a false declaration ia rendered-a*er;m.r. M*>siug a falae deelaratioh, .aUhQagh it ia not •exaotlytheaame tbiug'aa porjiry, c ia I cauperceive no m>ral diffireuoi bic«reon vtaea&. Both orimen are' «ue oreatur ;s of - It seems to me taiu a man's wo£d?£&ght to.'-btt good ah he oath. irabi ja ia the o«|a taivtjws -tnat y m m*> iieen . misled. 4t,' uppear the young; wom*n hersait' yoa to stake that sihe was of -in agb she &uev ebe was not; , '.' You m*y have you we're, not irring; but th£'.-u<r eaysi this adt ie a mwdema muuc, paai h« able by a flae,' or' lmpiifloanunt .vitu or . Without hard labour. Ido not, tUmt a fine 1 tneprMper pu wh a<*ac m the of tnin oa<ie. Vei do ] thiak that he oiroua taubeacalt tor a severe aeajwnje, Tner<i migao bd circumsraneee uuder whiea a ve.-y atveta eeaceaoe woiili be o died tor. Cue sentence of th<s Cuurt up Jα you v, tuae you be iinprisoa*l oil m« J»m g rued. wasa.xUgit'nuaifexutGtoa <>f e*cii« on i-ie"|»a<t of tiio i»pjutai-o«, vkioh, how sver, sjju v itidei.