La Revue Critique de Legislation Et de Jurisprudence Du Canada Volume . 3

La Revue Critique de Legislation Et de Jurisprudence Du Canada Volume . 3

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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: ...the duties which spring from the relation of man and wife--"are either obscure. or eveu less important at the present mo"ment than they were ten centuries ago. The law assumed to "exist appears to us, for the reasons which we have stated. to "require, that, equally in the case of the clergy as of the laity. "marriage in this country must, in the absence of express "statute. take place in the presence and with the assent of a clerk "in holy orders, who must be a third person. and whose duty it is "to prevent or put off the marriage if there be opposed a just "impediment; and who, in case he allows of its proceeding, is "then, in the primary sense of the word, to marry the parties "by receiving their mutual consent to become man and wife. If "just exception be made to the length at which we have stated our "unanimous opinion, and the reasons upon which it is founded, "our excuse must be looked for in the unaccustomed nature of "the case, and the grave importance of the general subject; nor "are we ashamed to own that our minds fluctuated during the '-' discussion. and that we deliberated with more than ordinary "anxiety and caution before we felt constrained to be of opinion, "that the act of competent persons. who. in fact, contracted with "one another to become man and wife, by a ceremony as binding "upon them in conscience (with reverence be it spoken) as if "an archbishop had pronounced the blessing, was. for reasons "which still affect the security of titles and the peace of families, "unavailing in point of law. We--that is to say, my Bro"thers Byles and Hill and myself, being the only judges who "were more

Product details

  • Paperback | 202 pages
  • 189 x 246 x 11mm | 372g
  • United States
  • English
  • black & white illustrations
  • 1236917286
  • 9781236917287