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Just found this on ancestry answer to a members question.
Have to dash now.........work calls!!
Marjorie wrote:
> I have found a marriage with Sheriff's Warrent could someone explain
> what this was?
What this means is that the marriage was "irregular". That does not
mean that it was in any way invalid, simply that it did not happen in
the approved form. Until 1940 the Law of Scotland recognised 3 forms
of "irregular marrige", one of which was "Marriage by Declaration". All
that this required was for the couple to simply declare that they were
married. Strictly speaking, they did not even need to have witnesses to
the declaration (although it would probably be a good idea!).
Until 1940, there was nothing like the present-day "Civil Marriage" ,
so anyone wanting to marry without going to church had to make use of
this form of "irregular marriage". That left them with a problem,
however. The marriage would have been recognised by a Scots court if
there had ever subsequently been a divorce or a contested will, but such
irregular marriages effectively bypassed a different part of the Law,
namely the statutes requiring all marriages to be registered with the
Registrar of the appropriate Registration District. If they did not
register the marriage, they would be liable to a fine.
The mechanism for correcting this appears to have been an appearance
before the Sheriff (who, in Scotland, is a judge, not a policeman). he
would examine the witnesses to the Declaration, and if he was satisfied
that a valid (if irregular) marriage had taken place, he would supply a
Warrant, armed with which the happy couple could satisfy the requirement
to register.
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Marie,
You are more likely to get an answer if you post this on Tips or Records Office boards.
Sam x
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i need some advice maybe one of you can help.
like everyone else i'm researching family history, thing is great great grandparents left ireland as their family frowned upon their relationship i.e. catholic and protestants shouldn't mix.
they both moved to glasgow.
according to grandfathers birth cert they where married in belfast in 1910 however i can find no record of this.
i have since found a marriage cert from glasgow dated 1916 saying by order of a sheriffs warrant anyone any idea what this means? would be grateful for any help.
marie
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