Modern Statutes as to Married Women.

The first statute giving a widow any right in her husband's personalty, was passed in England about 200 years ago. By this, if he died intestate, she took onethird of his personalty.

During the last half century, the legislatures of the various states of this country have set to work to make such changes in the laws concerning the legal status and condition of married women, as should protect both them and the community at large, from the evils attendant upon the old system. The result has been a vast amount of legislation, differing widely in the different states, and continually changing in the states themselves, as one point after another is yielded or altered.

In referring to the common law status of women, the past tense has been used, because it is now so largely obsolete. Yet this is not altogether the case, for, as has already been said, the common law is still in force just so far as statutes have not altered it; and this must be always borne in mind when consulting the abstracts of the laws in the different states, given in the last part of this work. They give the result of statutory enactments to date, as fully as it is possible to do in the limited space at command, on this important subject of the legal status of married women. [See Abstracts, Title "Married Women."] But every reader is advised, before consulting them, to read this chapter and the following one; and also to supplement the information thus obtained by referring to the statutes of his own state, being careful to get the latest issue of them, and all the subsequent supplements.

Single Women and Widows.

Of single women and widows, it is only necessary to say that they have practically the same legal rights and powers that men have, the principal exception being that they have not the political rights of suffrage and government offices.

School Suffrage, etc.

In a number of states, a limited right of suffrage has been lately given to women, by which they vote on school matters, and women are eligible in several states for election on school committees and boards, chiefly those which have charitable work to do. In many states, women have been admitted to the bar as attorneys, and various provisions in the different states have been made from time to time during the past few years, enlarging, or declaratory of, their rights, powers and privileges. [See Abstracts, Title "Miscellaneous."] In Washington, Wyoming and Utah Territories, women have equal political rights and privileges with men.

CHAPTER XXXII.

MARRIAGE, CONCLUDED.

Definition of Marriage-Founded upon Contract-Must Be for Life-Essentials of a Contract NecessaryParties Must Be of Sound Mind and Legal AgeWhat Is Legal Age-When May Marry without Parents' Consent-Assent of Parties Essential-Informal Marriages- Disqualifications for Marriage-Consanguinity and Affinity-Forbidden Degrees-Disqualification of Race-Physical Incapaci ty-Previous Marriage - Presumption of Marriage-Law of Place as to Marriage-Effect of Prohibitory Statutes.

Definition of Marriage.

The word marriage has been defined to be "that act by which a man and woman unite for life, with the intent to discharge toward society and one another those duties which result from the relation of husband and wife."

Founded upon Contract.

It is a contract, but it is also more than a contract. Judge Story has said of it, " It is rather to be deemed an institution of society, founded upon the consent and contract of the parties; and in this view it has some

peculiarities in its nature, character, operation, and extent of obligation, different from what belongs to ordinary contracts."

Marriage Must Be for Life.

One primary difference between marriage and other contracts is that the latter may be made for a limited time only, and may be terminated even before that time expires, by mutual consent of the parties; whereas marriage must be for life, and cannot be terminated by consent, or in any way except by the death of one, or by a judicial decree of divorce.

Essentials of a Contract Necessary.

All the essentials of an ordinary contract must, however, be present in that of marriage.

Sound Mind and Legal Age.

The parties must be of sound mind and of legal age. At common law legal age was fourteen for males, and twelve for females. At that age a boy and girl might marry, and the union would be binding on both. If they married without the consent of their parents or guardians, it would still be binding, though some forfeiture might be exacted from the magistrate or minister who performed the ceremony. This rule still applies in this country, except where the legal age is raised by statute in some states. [See Abstracts, Title "Miscellaneous."]

If children over seven years old, but below the legal age, should marry, the marriage would be valid if they confirm it by living together after attaining legal age. But if either should wish to disaffirm it, he or she may do so before that age by simply refus

ing to live with the other, without the necessity of applying for a judicial separation. (Though in this and all other cases where there is any doubt as to the validity of a marriage, it is always wisest to secure a judicial decree of nullity, to avoid the possibility of troublesome questions arising later.)

Marriage without Parents' Consent.

At the age of twenty-one, or in some states, eighteen for girls, parties may marry without obtaining the consent of parents or guardians. [See Abstracts, Title "Miscellaneous"]

Assent of Parties Essential.

Another essential of marriage in common with other contracts, is that both parties must assent to it. A marriage procured by fraud, force, or mistake as to the identity of the person, is not binding, and may be at once set aside by a judicial decree. [See Abstracts, Title "Divorce."] So if a marriage be entered into as a jest, it is no marriage.

Informal Marriages.

As no marriage can be binding without the consent of the parties, so on the other hand, according to the English canon law as it stood previous to the Council of Trent, the law of Scotland, the common law of some of our states, and probably, also, by the common law of England, a marriage would be binding (other essentials being present) if the consent of the parties be given, and some mutual words of agreement to become husband and wife be spoken, even though no formal, open celebration of the marriage according to statutory requirements, take place. This is unques