R v William Povey
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1852 |
| Date | 01 January 1852 |
| Court | High Court |
English Reports Citation: 169 E.R. 625
IN THE COURT OF QUEEN'S BENCH AND THE COURTS OF ERROR
S. C. 22 L. J. M. C. 19; 16 J. P. 745; 17 Jur. 120; 1 W. R. 40; 6 Cox C. C. 83. Considered, R v. Fanning, 1866, 10 Cox C. C 411. Referred to, R. v. Griffin, 1879, 14 Cox C. C. 308; R v. Naguib, [1917] 1 K. B. 359.
DEARS, 33. BEGINA V. WILLIAM POVEY 625 1852. regina v. william povey. (In ofder to establish the fact of a marriage in Scotland, it is necessary that some witness conversant with the law of Scotland as to marriage should be called. And where a woman present at a marriage ceremony in Scotland, performed in a private house, by a minister of a congregation-but whether or not of the Kirk she did not know-stated that she herself had been married in the same way ; that parties alwaf* married in Scotland in private houses, and that the parties after the ceremony had lived together as man and wife . Held, that her evidence was insufficient to prove the law of marriage in Scotland, or to establish a marriage in fact) [S. C. 22 L. J. M. C. 19; 16 J. P. 745; 17 Jur. 120; 1 W. K. 40 ; 6 Cox C. C. 83. Considered, R v. Fanning, 1866, 10 Cox C. C. 411. Keferred to, R. v. Gnffin, 1819, 14 Cox C. C. 308 ; R v. Nagmb, [1917] 1 K. B. 359.] At a genera] session of gaol delivery, holden for the jurisdiction of the Central Criminal Court, on Mon-[33]-day, the 25th day of November, 1852, William Povey was tried before the Common Serjeant, Edward Bullock, Esq., on an indictment charging him with having at the parish of St Cuthbert, Edinborough, in that part of Great Britain, called Scotland, feloniously married one Isabella Graham, during the life of Jane, his wife. To prove the marriage in Scotland, a witness was called, who stated that she (being the sister of Isabella Graham, above named), was present at a ceremony performed by a minister of a congregation, but whether of the Kirk she did not know, in the private house of the witness in Edinborough, that the witness herself was married in the same way, and that parties always married in Scotland in private houses. That the prisoner and her sister lived together in the witness's house as man and wife, for a few days after the ceremony, and then left for England. It was contended, on behalf of the prisoner, that better evidence of the validity of the second marriage, according to the law of Scotland, should have been given , and that some person, sufficiently conversant with that law, should have...
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