within the fourth degree of kindred are prohibited in England. In calculating degrees of kindred, they begin at the degree in which one stands from the common ancestor of both, and count back to the common ancestor, reckoning one for each degree. They then descend on the other line, counting one for each degree, until they arrive at the degree of the second party. Brothers and sisters stand in the second degree of kindred. Uncles and nieces, and aunts and nephews, stand in the third degree. Cousins stand in the fourth degree of kindred, and are allowed to marry in England.

5. No marriage is valid without the free and voluntary consent of the parties. A marriage procured by force or fraud is void. It is proper, in case such marriage occurs, that it should be declared null and void by a court having competent jurisdiction; as also in the case of the marriage of persons of unsound mind. By the common law of England, males of fourteen years of age, and females of twelve years of age, were capable of entering into a valid marriage contract, with the consent of parents or guardians. Marriage before that age is voidable, at the election of either party, on arriving at the age of consent. In Massachusetts, males under twenty-one years of age, and females under eighteen years of age, are not allowed to marry without the consent of their parents or guardians. Consent of parents or guardians was required at all ages by the Roman civil law, unless the children had been emancipated, or were out of the parent's power; and if such consent from the father were wanting, the marriage was void.

land? How are degrees of kindred calculated? In what degree do brothers and sisters stand? In what degree do aunts and nephews stand? In what degree do cousins stand?

5. What is the effect, if the marriage be procured by force or fraud? What is proper in such case? What is the legal age of consent by the common law of England? Is a marriage before that age binding? What is the rule as to the age of consent in Massachusetts? What was the rule as to the consent of parents or guardians by the Roman civil law?

6. All the States have prohibited second marriages during the lifetime of the former husband or wife, unless the marriage of such former husband or wife shall have been annulled or dissolved for some cause other than the wrong act of the party wishing to marry, or unless such former husband or wife shall have been sentenced to imprisonment for life. The second marriage is void, and in most cases punished by imprisonment in the state-prison. In New York, if the husband or wife absent himself or herself for the space of five successive years, without being known to the other to be living during that time, and the other shall marry, the marriage will be void only from the time its nullity shall be pronounced by the court, and there is no penalty for such marriage. Polygamy was formerly allowed among the Jews, and is now allowed among the Mohammedans and Mormons.

7. The mode of celebrating a marriage differs very materially in the different States. In some of the States, it is required that all persons intending to be joined in marriage shall cause a notice of their intentions to be entered in the clerk's office of the town where each may respectively dwell, at least fourteen days before their marriage. The clerk is required to publish such notice, either by posting in some public place in the town, fourteen days at least before the marriage or by making a public proclamation thereof at three public religious meetings in the town, not less than three days distance. from each other. A certificate of publication is to be delivered by the clerk to the parties, which is to be delivered to the minister or magistrate, in whose presence

6. What is the law in the several States as to second marriages? What is the penalty for bigamy or polygamy? At what time after the disappearance of husband or wife, without being known to be living, may the other marry without incurring the penalty? Where was polygamy formerly allowed? Where is it now allowed?

7. Is there a uniform mode of celebrating marriage in the several States? What notice are persons intending to be joined in marriage required to have entered with the town clerk? What notice does the clerk give? What is to be delivered by the clerk to the parties? To

the marriage is to be celebrated, before he proceeds to solemnize the same. After the notice of intentions of marriage is entered with the clerk, if any person shall forbid the bans, and shall assign his reasons therefor in writing, and leave the same with the clerk, the clerk shall withhold the certificate, and submit the objections to the justices of the peace. The justices give notice to the persons who propose to be married, and, after a full hearing, the justices decide upon the objections, and certify their decision to the clerk. If the objections are sufficient, the clerk withholds the certificate of publication of bans. But if the objections are unproved or insufficient, the clerk issues his certificate. If the decision is against the parties, they may appeal to the Court of Common Pleas, or to the Supreme Court, and their decision is final. A marriage may be solemnized by any magistrate within his jurisdiction, or minister of the gospel within his State. Heavy penalties are imposed for solemnizing any marriage without the certificate of the clerk, or for any person not authorized to solemnize a marriage. In many of the States, no publication of the bans is required.

8. In a criminal action for bigamy, actual proof of marriage is required; but in other cases, proof of marriage by the declaration of the parties, or continued cohabitation, or general reputation, is sufficient.

whom are the parties to deliver the certificate? If any person shall forbid the bans, and file his objections with the clerk, what action will the clerk take? What action do the justices then take? To whom do they return their decision? If the justices certify that the objections are valid and sufficient, what action does the clerk take? If they certify that they are invalid or unproved, what action does he take? If the decision be against the parties, to what court may they appeal? By whom may marriages be solemnized? For what are heavy penalties imposed in some of the States? Is publication of bans required in all the States? 8. In a criminal action for bigamy, what proof of marriage is required? In other cases, what proof will be sufficient?

CHAPTER XLI.

EFFECT OF MARRIAGE UPON THE PROPERTY OF THE PARTIES.

1. IN reference to the effect produced by marriage upon the property of the parties, nearly all the States were governed by the common law of England until within a very few years. Most of the States are still governed by that law. The statute law repeals all the provisions of the common law which conflict with the statute. By the statute law of New York, passed in 1860, concerning "the rights and liabilities of husband and wife," it is enacted that the property, both real and personal, which any married woman owns as her sole and separate property, or which may come to her by descent, devise, bequest, gift, or grant; that which she acquires by her services, of business carried on for her separate account; that which a woman married in this State owns at the time of her marriage, with the rents, issues, and profits thereof, shall, notwithstanding her marriage, remain her sole and separate property, and may be used and invested in her own name, without any control of her husband, or liability for his debts, except those contracted for the support of herself and her children. She may sell, assign, and transfer her separate personal property, and carry on any business on her separate account; and her earnings are her sole and separate property, and may be invested in her own

1. By what law were the States formerly governed in reference to the effect produced by marriage upon the property of the parties? By what law are most of the States still governed? What effect does the statute law have upon the common law? What law was passed in New York in 1860? What property by that law remains the sole and separate property of the wife, notwithstanding her marriage? Is it liable for any of the husband's debts? What may she do with her separate personal

name.

She may also sell and convey her real property in the same manner as if she were unmarried. She may sue and be sued in all matters relating to her separate property in her own name, and her contracts respecting the same do not affect or bind her husband.

2. By the common law, the husband by marriage acquires an absolute title to all the personal property of the wife which she has in her possession at the time of the marriage. This property, by the marriage, becomes his property, as completely as that which he has purchased with his money. In case of the death of the husband, this property goes to his executors or administrators. The husband is liable to pay all the debts of the wife contracted before marriage. The husband's liability to pay the debts of the wife does not depend alone upon the fact that he has received property from her. She is not only deprived of the disposal of her property, but she can acquire none by her services. The husband has the right to take possession of all the personal property of the wife known as choses in action. Chose is a French word, signifying thing. A chose in action is a right to recover a debt or damages which cannot be enforced without an action, as bonds, notes, contracts, damages. The husband may sue for and collect these choses in action, or dispose of them at pleasure. When collected, the avails are his absolutely, although they remain in the hands of his attorney. The husband may assign the choses in action of his wife, and the assignment will be valid, if made for a valuable consideration; but he cannot devise them by his last will and testament. If the husband die before

property? Can she sell her real estate? In what name may she be sued in reference to her own property? Do her contracts in reference to her private property affect or bind her husband under that statute?

2. By the common law, what effect is produced by marriage upon the personal property of the wife which she has in her possession? What debts of the wife is the husband bound to pay? Upon what does his liability to pay her debts depend? What right has the husband in her chose in action? What does the word chose signify? What is a chose in action? What may the husband do with the choses in action belong