Bigamy

Bigamy, the contracting of a second marriage by either husband or wife during the life of either of them (there having been no divorce pronounced of the previous marriage). The offence is a felony, and is punishable with penal servitude for not more than seven nor fewer than three years, or with imprisonment with or without hard labour for any period not exceeding two years.

This offence consists in going through the form of a second marriage while the first exists, for the former can only be a marriage in form, since a man by the English law cannot have two wives nor a woman two husbands at the same time. The principal ground for criminally punishing a person contracting a second marriage is the wrong done to the deceived and injured party.

Exceptions to the above - 1. A second marriage contracted out of England or Ireland by any other than a subject of Her Majesty.

2. If either husband or wife has been absent continuously for seven years and has not been known by the other to be living during that time, he or she is at liberty to marry again, and bigamy will not be committed, even though the fact prove otherwise.

3. In case of divorce from first marriage (as already referred to).

4. Where a former marriage has been declared void by a court of competent jurisdiction.

The Scottish law presents some points of difference to the above, but they are not of great importance. In the United States bigamy is criminal, and punishable by fine and imprisonment; a discretionary power as to the extent of punishment being possessed by the several States.