Commentaries on the Law of Marriage and Divorce; With the Evidence, Practice, Pleading, and Forms

Commentaries on the Law of Marriage and Divorce; With the Evidence, Practice, Pleading, and Forms : Also of Separations Without Divorce, and of the Evidence of Marriage in All Issues Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873 edition. Excerpt: ... marriage, whether in what is called evasion of the parties' own law, or not. If parties go upon the high seas, beyond territorial jurisdiction, to marry, there are two conflicting theories about the marriage which may he maintained; the one, that, like colonists, they take their own marriage laws with them, and must conform to those laws, or the marriage will be void; the other, that, being outside municipal law, the marriage may be celebrated according to the jun gentium, and it will be good. To me, it appears that the one or the other of these theories should be applied, 11cents" cording to the circumstances of the particular case. Reason and Limits of the Doctrine.---Up0Xi this subject LOX'd Stowell, in the leading case of Ruding v.' Smitli,1alP@idY 1'6' ferred to, discoursed as follows: " It is observed by the learned Dr. Hyde, that there is in every country a body of inhabitants, formerly much more numerous than at present (and now gellerally allowed to be of foreign extraction), having a laiigHB_E and usages of their own, leading an erratic life, an-d distinguished by the different names of Egyptians, Bolwvrwmsi gm' garians, and other names, in the countries where they 1W6Upon such persons the general law of the country operate! very slightly, except to restrain them from injurious crimes; and the matrimonial law hardly, I presume, in fact, anywhere at all. ' In our own country and in many others, theieli another body, much more numerous and respectable, distinguished by a still greater singularity of usages, Who, though native subjects, under the protection of the gelierfll law, are 1" many respects governed by institutions of their own, and pflTticularly in their marriages; for, it beinshow more

Product details

  • Paperback | 244 pages
  • 189 x 246 x 13mm | 440g
  • United States
  • English
  • black & white illustrations
  • 1236798694
  • 9781236798695