merely upon mutual consent. In some of the United States, divorces can only be granted by act of the Legislature, according to the English practice. In other States, the legislatures are prohibited from granting divorces, but can confer that power upon the courts. In New York, the jurisdiction of the courts is confined to the single case of adultery. In most of the other States, in addition to adultery, intolerable ill-usage, or wilful desertion, or unheard-of absence, or habitual drunkenness, will authorize a decree for divorce a vinculo.

6. Divorces a mensa et thoro are allowed by the laws of almost all countries, and by most of the States; yet in some of the States they are not granted. They are generally granted for cruel and inhuman treatment, or such conduct as renders it unsafe and improper for the wife to cohabit with her husband; or for wilful desertion, and refusal or neglect to provide for the wife.

7. In a complaint or bill by the plaintiff for the purpose of procuring a divorce a vinculo, or a divorce a mensa, the following facts must be alleged: 1. The fact of residence, or other circumstances which bring the partics within the statute, and give the court jurisdiction of the case; 2. The marriage, with the time and place thereof; 3. The issue of such marriage, with the age and sex thereof; 4. The statement of facts constituting the cause of action. If a decree be sought declaring the marriage void on account of causes which existed at the time of the marriage, these must be fully stated. If a decree be Bought dissolving the marriage contract for causes which have arisen since it was solemnized, these must be fully and concisely stated. If a decrce be sought granting a divorce a mensa, the facts for which such divorce may be granted must be fully stated. All the facts necessary to

is the marriage contract dissolved in the several States? For what cause in New York? For what cause in the other States?

6. For what causes are divorces a mensa et thoro granted?

7. In a complaint or bill by the plaintiff for the purpose of procuring a divorce, what facts must be alleged? What must be asked for in the

constitute the cause of action must be alleged in the complaint, or they cannot be proved on the trial. 5. The relief sought for must be asked in the complaint. The plaintiff either prays that the marriage between himself and defendant may by the decree of the court be annulled, or he prays that it may be dissolved, or he prays that a limited divorce be granted, separating him from defendant. If further relief, such as the custody of the children or separate maintenance, be sought, it should be asked in the complaint. The following clause is generally added to the complaint: "And for such other and further order as to this honorable court may appear equitable and just."

8. If the action be brought for a decree dissolving the marriage contract on the ground of adultery, the plaintiff must allege in his complaint the time when, the place where, and the person with whom the offence was committed. He must further allege that the offence was committed without his consent, connivance, privity, or procurement; that five years have not elapsed since the discovery of the offence charged; and that he has not voluntarily cohabited with defendant since such discovery. A decree of divorce cannot be taken by consent of the parties. If defendant fail to answer, the case is referred to a referec, to take proof of the facts alleged. On the report of the referee, the court will grant or deny the decree. The decree annulling or dissolving the marriage contract generally releases the innocent party from the marriage contract, and allows him to marry again, but prohibits the guilty party from marrying again.

complaint? If the custody of the children be sought? What clause is generally added to the complaint?

8. If the action be brought to dissolve the marriage contract on the ground of adultery, what must the plaintiff allege in his complaint? What must he further allege? Can a decree of divorce be taken by consent? If defendant fail to answer, what is to be done? What effect does a decree dissolving the marriage contract have upon the parties?

CHAPTER XLVI.

CONTRACTS.

1. A CONTRACT is an agreement between two or more parties to do, or not to do, some act. Contracts are special or simple. Special contracts are contracts of record, or contracts under seal. All other contracts are simple contracts. A bond entered into before a court or officer thereof, with a condition that some act specified therein shall be performed, under a fixed penalty, is a contract of record. Bonds given before the court, and deeds, are special contracts.

2. Contracts, whether oral or written, if not of record, or under seal, are verbal contracts. The Statute of Frauds requires the evidence of some verbal contracts to be reduced to writing; but if not of record or under seal, they are only verbal contracts. By the Statute of Frauds, in the State of New York, the following agreements are void unless some note or memorandum thereof expressing the consideration be in writing, and subscribed by the party to be charged therewith: 1. Every agreement that, by its terms, is not to be performed within one year from the making thereof; 2. Every special promise to answer for the debt, default, or miscarriage of another person; 3. Every agreement, promise, or undertaking made upon consideration of marriage, except mutual promises to marry. Every contract for the sale of any goods, chattels,

1. What is a contract? Of how many kinds? What are special contracts? What are simple contracts? What is a contract of record? What kind of contract is a deed?

2. What are verbal contracts? What does the Statute of Frauds require? By the Statute of Frauds in the State of New York what agreements are void, unless some note or memorandum thereof expressing the consideration be in writing, and subscribed by the party to be charged therewith? What conditions are required by the same statute to make

or things in action for the price of fifty dollars or more shall be void; unless-1. A note or memorandum of such contract be made in writing, and be subscribed by the parties to be charged thereby; or, 2. Unless the buyer shall accept and receive part of such goods, or the evidences, or some of them, of such things in action; or, 3. Unless the buyer shall, at the time, pay some part of the purchase-money.

3. A contract conveys an interest either in possession or in action. If one person sells and delivers goods to another for a price paid, the agreement is executed. If one person agrees to sell and deliver at a future time, and for a stipulated price, and the other party agrees to accept and pay, the contract is executory, and rests in action only. There are also express and implied contracts. An express contract exists, when the parties contract in express words or by writing. An implied contract exists, when the law raises or presumes a contract, by reason of some value received or service rendered.

4. It is essential in every contract that there be parties capable of contracting, willing to contract, and who actually do contract. We have already seen how far infants and married women are competent to contract. Every person is presumed to be competent to contract, until the contrary be proved. Sanity is to be presumed, until the contrary be proved. If a court of inquiry has decided that a person is a lunatic, his lunacy is presumed to continue, until the contrary be proved. After an inquest has been held, and a committee appointed to take charge of

& contract for the sale of goods, chattels, or things in action for the price of fifty dollars or more, valid?

3. How does a contract convey an interest? Give an example of an executed contract. Give an example of an executory contract. What is an express contract? What is an implied contract?

4. What is essential to every contract? Who are presumed to be competent to contract? What is the presumption as to sanity? If a court of inquiry has decided that a person is a lunatic, what is thereafter presumed as to his lunacy? After an inquest has been held, and a committee appointed to take charge of his person and estate, what is the presumption as to his contracts? What is the rule by the common law

his person and estate, all contracts made by such lunatic are presumed to be absolutely void, unless his sanity can be established by competent evidence. By the common law, a contract made by a person of unsound mind is voidable only, and not void; and when a contract is sought to be avoided on the ground of mental imbecility, the proof of the fact lies upon the person who alleges it. But if mental derangement be once established, the presumption is shifted to the other side, and sanity is then to be shown. A contract made by a person so destitute of reason as not to know the consequence of his contract, though his incompetency be produced by intoxication, is void. Imbecility of mind is sufficient to set aside a contract, when there is an essential privation of the reasoning faculties, or an incapacity of understanding, and acting with discretion in the ordinary affairs of life. If the contract be entered into in consequence of violence, or under the influence of undue restraint, the party may avoid it by a plea of duress. A contract will not be valid, if obtained by misrepresentation or concealment, or if it be founded in mistake as to the subject-matter of the contract. Fraud vitiates all contracts.

5. The parties may contract severally; jointly; jointly and severally; by agent or attorney; in a collective capacity, as partnerships and corporations; by guardian, if a minor; by committee, if non compos mentis. When an obligation is assumed by two or more persons, it is presumed to be a joint obligation. Words of joinder

as to contracts made by a person of unsound mind? Upon whom lies the burden of proof of the insanity? If mental derangement be once legally established, what is the presumption? If the party making the contrac is by means of intoxication so destitute of reason as not to know the consequence of his contract? What degree of imbecility of mind will be sufficient to set aside a contract? If the contract be entered into in consequence of force, violence, or undue restraint? If in consequence of misrepresentation or concealment? If it be founded in mistake as to the subject-matter? What is the effect of fraud?

5. In what manner may parties contract? When an obligation is assumed by two or more persons, what is presumed? Are words of joinder necessary to produce a joint obligation? Are words of severance