A Digest On the Law of Scotland Relating to Marriage
A Digest On the Law of Scotland Relating to Marriage
Peter Halkerston
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In Kamsay v. Brown, February 18, 1779, not collected, it was found that a false certificate of proclamation of banns does not annul the marriage, but subjects the parish clerk to the statutory penalties of the Acts l()(il and 1698, and not to an action at common law. In such a case, the issuing of a false certificate, knowinir it to be ialse, assuredly ought to subject the clerk to the pu- 124 A DIGEST OF THE LAW OF MARRIAGE. BOOK I. nishment of banishment. In M*Turk v. Matthew- Dykes, November... 18, 1789, not collected, a pixjof of the celebration of marriage was allowed after the death of one of the parties. 8. Our judges, ever guardians to the unprotected and injured, where no marriage can be established, arising from a penury of evidence, rehus integris, have justly awarded damages against persons for breach of promise of marriage, of which a few cases will briefly be given. In Graham v, Erskine and Burn, January 2, 1685, Fount. I. 328. Mor. 8472, damages in solatium were aw^arded to the pursuers, after a contract of marriage was entered into, no suf- ficient reason being assigned for breaking off.
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