HARRY HUGHES, Governor
1861
consanguinity and affinity within which an individual
may not marry are deleted as unnecessary in light of
the references to specific relatives whom an
individual may not marry.
In subsection (b)(l)(v) of this section, the term
"granddaughter" is substituted for the former phrases
"his son's daughter" and "daughter's daughter", for
clarity and brevity.
In subsection (b)(2)(v) of this section, the term
"grandson" is substituted for the former phrases "her
daughter's son" and "her son's son", for clarity and
brevity.
In subsection (b)(3) of this section, the phrase "is
guilty of a misdemeanor" is new language added for
clarity.
In subsection (c)(1)(ix) and (x) of this section, the
phrase "grandson's wife" is substituted for the former
phrases "his son's son's wife" and "his daughter's
son's wife", and the phrase "wife's granddaughter" is
substituted for the former phrases "his wife's son's
daughter" and "his wife's daughter's daughter", for
clarity and brevity.
In subsection (c)(2)(ix) and (xii) of this section,
the phrase "husband's grandson" is substituted for the
former phrases "her husband's son's son" and "her
husband's daughter's son", and the phrase
"granddaughter's husband" is substituted for the
former phrases "her son's daughter's husband" and "her
daughter's daughter's husband", for clarity and
brevity.
In subsection (c)(3) of this section, the phrase "is
guilty of a misdemeanor" is new language added for
clarity.
Former Article 27, §§ 390 and 391 did not state by
which method -- common law or civil law -- the degrees
of relationship are to be determined. The inclusion
of "sister" in subsection (b)(1) of this section and
"brother" in subsection (b)(2) of this section reflect
the decision of the Commission to Revise the Annotated
Code to apply the common law method of determination
of degrees of relationship. This revision is called
to the attention of the General Assembly.
The Commission to Revise the Annotated Code also
notes, for consideration by the General Assembly, that
it may be beyond the power of a trial court to impose
a sentence of banishment as provided in subsection
(b)(3) of this section and former Article 27, § 390.
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