| 词汇 | Marriage2 |
| 释义 | `1`Marriage2 `2` "Legal Lexicon": In some of the states, statutory regulations have been made on this subject. In Maine and Massachusetts, the marriage must be made in the presence, and with the assent of a magistrate, or a stated or ordained minister of the gospel. The statute of Connecticut on this subject, requires the marriage to be celebrated by a clergyman or magistrate, and requires the previous publication of the intention of marriage, and the consent of parents; it inflicts a penalty on those who disobey its regulations. The marriage, however, would probably be considered valid, although the regulations of the statutes had not been observed. The rule in Pennsylvania is, that the marriage is valid, although the directions of the statute have not been observed. The same rule probably obtains in New Jersey, New Hampshire, and Kentucky. In Louisiana, a license must be obtained from the parish judge of the parish in which at least one of the parties is domiciliated, and the marriage must be celebrated before a priest or minister of a religious sect, or an authorized justice of the peace; it must be celebrated in the presence of three witnesses of full age, and an act must be made of the celebration, signed by the person who celebrated the marriage, by the parties and the witnesses. The 89th article of the Code declares, that such marriages only are recognized by law, as are contracted and solemnized according to the rules which it prescribes. But the Code does not declare null a marriage not preceded by a license, and not evidenced by an act signed by a certain number of witnesses and the parties, nor does it make such an act exclusive evidence of the marriage. The laws relating to forms and ceremonies are directory to those who are authorized to celebrate marriage. A marriage made in a foreign country, if good there, would, in general, be held good in this country, unless when it would work injustice, or be contra bonos mores, or be repugnant to the settled principles and policy of our laws. Marriage is a contract intended in its origin to endure till the death of one of the contracting parties. It is dissolved by death or divorce. In some cases, as in prosecutions for bigamy, by the common law, an actual marriage must be proved in order to convict the accused. But for many purposes it may be proved by circumstances; for example, cohabitation; acknowledgment by the parties themselves that they were married; their reception as such by their friends and relations; their correspondence, on being casually separated, addressing each other as man and wife declaring, deliberately, that the marriage took place in a foreign country, describing their children, in parish registers of baptism, as their legitimate offspring or when the parties pass for husband and wife by common reputation. After their death, the presumption is generally conclusive. The civil effects of marriage are the following: It confirms all matrimonial agreements between the parties. It vests in the husband all the personal property of the wife, that which is in possession absolutely, and choses in action, upon the condition that he shall reduce them to possession; it also vests in the husband right to manage the real estate of the wife, and enjoy the profits arising from it during their joint lives, and after her death, an estate by the curtesy when a child has been born. It vests in the wife after the husband's death, an estate in dower in the husband's lands, and a right to a certain part of his personal estate, when he dies intestate. In some states, the wife now retains her separate property by statute. It creates the civil affinity which each contracts towards the relations of the other. It gives the husband marital authority over the person of his wife. The wife acquires thereby the name of her husband, as they are considered as but one, of which he is the head. In general, the wife follows the condition of her husband. The wife, on her marriage, loses her domicile and gains that of her husband. G |
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