The marriage details of one of my relatives contains the following information
"At 50 Wellington St, Glasgow on 11 Feb 1922 by declaration in presence of Margaret McLean, 132 Bishop St, Glasgow and Elizabeth Johnstone, 1 Somerset Place, Glasgow." and refers later to "Warrant granted by the Sheriff substitute of Lanarkshire on 11 Feb 1922."
Can anyone cast more light on what this means and perhaps why?
Andrew
Irregular Marriage
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DavidWW
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Hi Andrew
A not unusual question !!, - see http://talkingscot.com/forum/viewtopic.php?t=3726
Basically, for whatever reason, there were many, - the couple involved decided to marry via the procedure of declaration in the presence of witnesses, - in this case Margaret McLean, 132 Bishop St, Glasgow and Elizabeth Johnstone, 1 Somerset Place, Glasgow, - such a marriage by declaration being perfectly legal in the eyes of Scots Law up to 1939, however much the churches disapproved of such a form of marriage.
After the marriage by declaration, the couple, plus the witnesses, or their affadavits, trotted along to any Sheriff Court in Scotland, - there could be some sensitivities in terms of doing so in the local Sheriff Court, not least local newspaper coverage
, it's far from uncommon, for example, for couples from the Glasgow area to use the Lothians Sheriff Court, and vice versa !!
The Sheriff (Substitute), if he was satisfied with the evidence presented to him, granted the "Warrant" referred to.
The couple then trotted along to their local registrar, presented the Warrant from the Sheriff, on the basis of which the Registrar made the entry in the Register of Marriages that you now see !!
David
A not unusual question !!, - see http://talkingscot.com/forum/viewtopic.php?t=3726
Basically, for whatever reason, there were many, - the couple involved decided to marry via the procedure of declaration in the presence of witnesses, - in this case Margaret McLean, 132 Bishop St, Glasgow and Elizabeth Johnstone, 1 Somerset Place, Glasgow, - such a marriage by declaration being perfectly legal in the eyes of Scots Law up to 1939, however much the churches disapproved of such a form of marriage.
After the marriage by declaration, the couple, plus the witnesses, or their affadavits, trotted along to any Sheriff Court in Scotland, - there could be some sensitivities in terms of doing so in the local Sheriff Court, not least local newspaper coverage
, it's far from uncommon, for example, for couples from the Glasgow area to use the Lothians Sheriff Court, and vice versa !!The Sheriff (Substitute), if he was satisfied with the evidence presented to him, granted the "Warrant" referred to.
The couple then trotted along to their local registrar, presented the Warrant from the Sheriff, on the basis of which the Registrar made the entry in the Register of Marriages that you now see !!
David
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searcher 52
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Irregular Marriage
David,
I spent three years getting a law degree part of which included learning about the irregular forms of marriage. No one however came anywhere close to your excellent reply in explaining how it worked in practice!
Many thanks,
Andrew
I spent three years getting a law degree part of which included learning about the irregular forms of marriage. No one however came anywhere close to your excellent reply in explaining how it worked in practice!
Many thanks,
Andrew
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AnneM
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Davie
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