People v. Heine

Foster, J. (dissenting).

On this appeal, here by permission, we are asked to construe subdivision 5 of section 11 of the Domestic Relations Law. The pertinent parts of section 11, entitled ‘ ‘ By whom a marriage must be solemnized ’ ’, provide *927that “No marriage shall be valid unless solemnized by either:” (1) a clergyman or minister, (2) a Mayor, Recorder, City Magistrate, Police Justice, Police Magistrate of a city, or the City Clerk, (3) a Justice or Judge of a court of record or of a municipal court, a Police Justice of a village, or a Justice of the Peace, or (4) a written contract of…