TITLE I. DOMESTIC RELATIONS OF LIFE. CHAPTER I. HUSBAND AND WIFE. SECTION I. Of the Marriage Contract. PART III. TIT. I. CAP. I. SEC. I. I. A CONTRACT to marry must be reciprocal, and must be obligatory upon both parties, except that an infant may sue, though incapable of being sued, on such a contract. I. Contract (Chit. Con. 487.) 335. Such a contract may be evidenced by a verbal promise, or even by unequivocal conduct alone. (Ad. Con. 744; Chit. Con. 487.) 336. An action may be maintained on a contract to marry, in case of default at the time specified, or in case of an absolute refusal being made before the time, or, if no time was specified, within a reasonable time after to marry. TIT. I. CAP. I. SEC. I. PART III. request; and a large pecuniary compensation may be recovered for the misery occasioned to the disappointed party. (Ad. Con. 743–5; Frost v. Knight, L. R. 7 Ex. (Ex. Ch.) 111.) 337. II. Requi sites to Fraud used by the plaintiff in procuring the promise, e.g., false representation or fraudulent concealment as to the pecuniary circumstances or previous life of the plaintiff, or a secret disposition of the plaintiff's property, or a determination on the part of the lady, when plaintiff, to settle her property to her separate use, contrary to the defendant's wish, or the impotence or the bad character of the plaintiff subsequently discovered, or the subsequent bad conduct of the plaintiff towards the defendant, are good grounds of defence to an action for breach of promise of marriage. (Chit. Con. 489-491; Ad. Con. 746.) But if the plaintiff is sane at the time of the promise, it has been held that it is no answer to an action for breach of it, that he or she was before of unsound mind, and as such, legally confined in at lunatic asylum. (Baker v. Cartwright, 10 C. B. (N. S.) 124.) 338. II. There are certain requisites to a marmarriages, riage contract, without which it may be set aside as null and void. 339. Thus: 1. Corporal capacity is necessary. Impotency, at the time of the marriage, is a ground for avoiding it. (Macq. 341-2.) 340. PART III. TIT. I. CAP. I. SEC. I. 1. Corporal capacity. ried. 2. The man must not have another wife, 2. Unmaror the wife another husband, living at the time. (Macq. 343-4.) 341. age. 3. If either party is under the age of seven 3. Sufficient 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, and not before, 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 a person, though a promise to marry by the opposite party will bind him or her, if of age. (Macph. 168; Ad. Con. 756-7, 937.) 342. mind. 4. Soundness of mind is necessary; the 4. Sound marriage of an idiot or lunatic, except during a lucid interval, is void. 342.) 343. (Macq. August, 5. Not with 5. Marriages since the 31st of 1835, within the prohibited degrees of con in the prohibited degrees of TIT. I. CAP. I. SEC. I. consan guinity or affinity. PART III. sanguinity or affinity, are also void. (Macq. 327; Ad. Con. 757.) 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, or his wife's sister's daughter; for both are related to him in the third degree. But he may marry his first cousin; for she is only related to him in the fourth degree. The relations by consanguinity of the wife are always related by affinity to the husband; and the relations by consanguinity of the husband are always related by affinity to the wife. But the relations by consanguinity of the husband are not, as such, related, even by affinity, to the relations by consanguinity of the wife; and hence two brothers may marry two sisters, or father and son, a mother and daughter. Nor is the husband, as such, related, even by affinity, to those who are only related to TIT. I. CAP. I. the wife by affinity; and therefore a man PART III. may marry his wife's brother's wife. (2 Ste. Com. 255-6.) 344. The prohibitions as to collaterals extend even to the half blood, and to illegitimate children. (2 Ste. Com. 256.) 345. SEC. I. celebration 1. By banns. III. There are four modes of proceeding III. Modes of proceedtowards the celebration of marriage. 346. ing towards 1. By a publication of banns upon three of marriage. successive Sundays, in the church or chapel where the marriage is to be solemnised, according to the rites of the Church of England. 347. siastical 2. By a licence from the ecclesiastical 2. By eccleauthority, that is, a special licence from the licence. Archbishop of Canterbury, or a common licence from the ordinary of the place or his surrogate. 348. In the case of a licence, one of the parties must have had his or her usual place of abode, for fifteen days immediately preceding, in the parish or chapelry where the church or chapel in which the marriage is to be solemnised is situate. 349. Whether by banns or licence, the marriage must take place between eight and twelve. o'clock in the forenoon, except in the case of a special licence, and be solemnised by a person in holy orders, and before not less H |