CHAPTER II. OF INJURIES TO PERSONAL PROPERTY. PART II. TIT. II. Deprivation of posses damage. THE rights of personal property in possession are liable to two species of injury: the deprivation of the possession; and the abuse or damage of the chattels, while the posses- sion, and sion continues in the legal owner. The deprivation of the possession is also divisible into two branches: the unjust taking them Unjust taking or detainer. away, and the unjust detaining them, though the original taking away might be lawful. (3 Bl. Com. 144; Broom Com. 776.). unjust tak There are two descriptions of redress for Redress for the unjust taking. The first is the restitution ing. of the specific chattels taken, with the payment of damages for the loss or injury occasioned by the temporary deprivation of the possession. The second is the giving a pecuniary equivalent in the shape of damages for the permanent loss of the articles taken. (See 2 Bl. Com. 145.) It here be observed that if a person Trade may has adopted a particular mark in trade or marks. TIT. II. CAP. II. PART II. business, to denote that the goods were made by him, and the mark has become understood in the trade, and his right is infringed by the use of a mark by another person, either precisely the same or so similar that the public in general would be misled, he is entitled to an action for the deceit, even without showing any specific damage. (Add. Torts, 649-50; Tudor's Ca. on M. L. 487-500.) TITLE I. DOMESTIC RELATIONS OF LIFE. CHAPTER I. HUSBAND AND WIFE. SECTION I. Of the Marriage Contract. PART III. I. THERE are certain grounds on which marCAP. I. riages may be set aside as null and void. TIT. I. SEC. I. Thus: 1. Impotency, at the time of the Marriages marriage, is a ground for avoiding it. (Macq. invalid on account of 341-2.) 2. Bigamy. 2. A second marriage is void, if the husband had another wife, or the wife had another husband, living at the time of such second marriage. (Macq. 343-4.) 3. Want of 3. If either party is under the age of age. seven years, the marriage is void. If the husband is above seven and under fourteen years of age, or the wife is above seven and under twelve, the marriage is not absolutely void; but the husband, on attaining the age of fourteen, or the wife on attaining the age of twelve, may disagree to and avoid it; but if at that age they agree to continue together, they need not be married again. No promise to marry, made by a person under the age of twenty-one years, is binding upon such person, though it is upon the opposite party, if of age. (Macph. 168; Add. Cont. 937.) PART III. TIT. I. CAP. I. SEC. I. 4. The marriage of an idiot or lunatic, 4. Lunacy. except during a lucid interval, is void. (Macq. 342.) guinity or 5. Marriages within the prohibited degrees 5. Consanof consanguinity or affinity are also void, affinity. (Macq. 327.) Thus, marriages between persons who are lineally related to each other are void; and so also are marriages between persons collaterally related to each other in the second or third degree, according to the mode of computation in the civil law, whether they be related by consanguinity or by affinity. Thus, a man cannot marry either his sister or his wife's sister: for both are related to him in the second degree; the one by consanguinity, the other by affinity. Nor can he marry his sister's daughter, nor wife's sister's daughter: for both are related to him in the third degree. But he may |