nounced, or the first marriage has not been duly annulled; the second marriage is void. Where there is no statute regulation, the principle of the common law in all civilized and Christian countries, is, that nothing but death, or a decree of a competent court, can dissolve the marriage tie.

§ 606. Marriage between near relatives is unnatural and unlawful, as leading to a confusion of rights and duties; but it is not easy to ascertain the precise point at which the laws of nature have ceased to discountenance the union. The statute of New York declares marriage between the ascending and descending lines, and between brothers and sisters of the half as well as the whole blood, to be incestuous and void, and to be indictable offences, punishable by imprisonment in a state prison for a term not exceeding ten years.

§ 607. A simple consent of the parties is all that is required to render marriage valid; and this consent may be declared before a magistrate, or simply before witnesses, or subsequently acknowledged; or it may be inferred from continual cohabitation and reputation as husband and wife. Regulations have been made by law, in some of the states, for the due solemnization and proof of marriage; but when such provisions have not been made, the contract is, in this country, under the government of the English common law.

§ 608. A lawful marriage can be dissolved only by the death of one of the parties, or by divorce. In some of the states, no divorce is granted but by a special act of the legislature; in others, intolerably ill usage, or wilful desertion, or unheard of absence, will authorize a decree for a divorce.

§ 609. The husband and wife are in law regarded as one person; and the husband, upon marriage, becomes seised of the freehold of his wife, and takes the rents and profits during their joint lives. It will be an estate in him for his

is a second marriage void, even in the above excepted cases? § 606. What marriages are, by the laws of New York, declared incestuous and void? How punished? § 607. What renders a marriage contract valid? § 608. By what authority, and for what causes, may divorces be granted? § 609. What effect has marriage upon the

own life, if he shall die before his wife; and in that event, she takes the estate again in her own right. If the wife dies first, and there are no children, her heirs succeed immediately to the estate. If there has been a child born alive, the husband takes the estate for life, and on his death, it goes to the wife or her heirs. During the continuance of the life estate of the husband, he sues in his own name for an injury to the profits of the land; but for an injury to the inheritance, the wife must join in the suit.

§ 610. The husband acquires, by marriage, a right to all the chattels real of his wife, as leases for years; and he may, without her, sell, assign, or otherwise dispose of the same as he pleases; and they may be sold on execution for his debts. If he makes no disposition of the chattles real in his life time, he cannot devise them by will; and the wife, after his death, takes them in her own right. If he shall survive his wife, he will acquire an absolute right to such chattels real.

§ 611. All other personal property also, belonging to the wife at the time of her marriage, becomes the property of the husband; and on his death, it goes to his representatives. And he has power to sue for debts, due to her by bond, note, or otherwise, which are termed choses in action; and when recovered and reduced to possession, the money becomes his own.

§ 612. The husband is answerable for her debts before coverture; but if they are not recovered during coverture, he is discharged. Coverture is the condition of a married woman, who, by the laws of the land, is in the power of the husband. If the husband dies before the debts are collected, his representatives are not liable; but the wife remains liable after her husband's death.

§ 613. The husband is bound to provide for his wife the necessaries suitable to her situation, and his condition in life; and he is obliged to pay any debts which she may contract for such necessaries: but for any thing beyond

real estate of a wife? § 610. What effect upon her chattels real? § 611. What effect upon her personal property? What are choses in action? § 612. Is a husband liable to pay the debts of his wife contracted before marriage? What is coverture? § 613. In what cases

necessaries, he is not chargeable. If the husband abandons his wife, or they separate by consent, or if he sends her away and refuses to provide for her wants; or, if she be so treated as to afford reasonable cause for her to leave his house; he is liable to fulfil her contracts for necessaries, even though he should have forbidden persons to trust her. If they live together, and the wife goes beyond what is prudent and reasonable, the tradesman trusts the wife at his peril.

§ 614. A husband, dying in the lifetime of his wife, may, by will, cut her off from all his estate but a right of dower; that is, the right to have, for life, the use of one third of all the real estate which he owned during marriage, and whereof she has not barred herself by joining with him in a deed. A wife cannot devise her land by will; but she may dispose by will, or by act in her lifetime of her separate personal estate, settled upon her, or held in trust for her. A will made by a female while single, who afterwards marries, be. comes void.

§ 615. Settlements made upon a wife, in pursuance of an agreement in writing, entered into before marriage, are valid both against creditors and purchasers. A settlement after marriage may be good, if made upon a valuable consideration. A voluntary settlement after marriage upon a wife or children, without a valid agreement previous to the marriage, is void against creditors. But if the person be not indebted at the time, the settlement, if made without fraudulent intent, is good against after creditors.

§ 616. The husband and wife cannot be witnesses for or against each other; but when the wife acts as her husband's agent, her declarations may be admitted in evidence to charge the husband.

§ 617. A wife has no remedy for ill treatment from her husband till his conduct becomes criminal. And if she can

is a husband liable for contracts made by his wife? § 614. What are their powers respecting the disposal of property by will or otherwise? § 615. How may settlements upon a wife be made valid? § 616. May husband and wife be made to witness for or against each other? § 617. What remedy does the law provide against ill treatment from her husband?

make oath before a magistrate, that she is in fear of personal violence, he may be required to give bonds to keep the peace. But as the husband is the guardian of the wife, and bound to protect and maintain her, the law gives him a reasonable superiority and control over her person; and, if her conduct be such as to require it, he may even put gentle restraints upon her liberty.

CHAPTER III.

Parent and Child-Infants-Guardian and Ward-Master and Apprentice-Hired Servants.

§ 618. THE duties of parents to their children, as being their natural guardians, consist in maintaining and educating them during the season of youth and infancy; and the parent is obliged, during the minority of the child, which, in law, means infancy, or, of an age under twenty-one years, to provide for his support and education; and he may be sued for necessaries furnished under just and reasonable circumstances. The father is bound to support his minor children, if he be of ability, even though they have property of their own; but this obligation, in such a case, does not extend to the mother.

§ 619. The legal obligation of a father to maintain his child, ceases as soon as the child is of age, unless the child becomes chargeable to the public as a pauper; but the husband is not liable for the maintenance of the child of his wife by a former husband, nor for the support of his wife's mother. But if he takes the wife's child into his own house, he is responsible for the maintenance and education of the child so long as it lives with him.

§ 620. A father is not bound by the contract of his son,

§ 618. What are the duties of parents to their children? What is meant by the minority of a child? § 619. How far does a father's obligation to maintain his own, or his wife's children, extend? § 620. How far is he bound for his son's contracts? What authority has he

even for articles suitable and necessary, unless an actual authority be proved, or the circumstances be sufficient to imply one; or unless a clear omission of duty on the part of the father renders assistance to the child necessary. The father has a right to the labor or services of his children, and he may sue any other person for the value of their labor performed for such person. The father is also entitled to the custody of their persons; and when they are improperly detained, he may obtain such custody by writ of habeas corpus.

§ 621. Parents have a right to exercise all discipline necessary for the discharge of the duties they owe to their children. But courts of justice may, when the morals, or safety, or interests of the children require it, withdraw infants from the custody of their parents, and place them elsewhere.

§ 622. The duties of children to their parents, are obedience and assistance. In the absence of any authority in the common law to enforce these duties, the Revised Statutes of New York have provided, that a parent may, by will, disinherit his ungrateful children; and compel the children, if they are able, to support and relieve their poor, lame, old, or impotent parents, who cannot maintain themselves.

§ 623. Infants or minors, can do no act to the injury of their property, which they may not avoid or rescind, when they arrive at full age. Minors who contract debts, will be obliged to pay them, if they promise to do so, after they shall have become of age. Contracts for necessaries are binding upon an infant; and he may be sued and charged in execution on such contract, provided the articles were necessary under the circumstances in which he was placed. But if he lives with his father or guardian, whose care and protection are duly exercised, he cannot bind himself even for necessaries.

§ 624. Minors are answerable for crimes; and they may

as to the labor and persons of his children? § 621. When may children be taken from their parents? § 622. Under what obligations are children to their parents? § 623. What are the and oblipowers gations of infants, or minors, as to contracts? § 624. May minors be punished for crimes? How are their contracts affected by their