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vide necessaries, when not the result of poverty, which he could not avoid by ordinary industry; (8) indignities offered by either as shall render his or her condition intolerable; (9) when husband become "a vagrant" within meaning of the law; (10) conviction of felony or infamous crime prior to marriage without knowledge of the other at the time of marriage; (11) when wife shall have been pregnant at time of marriage by another, without husband's knowledge. Six months' residence required. Parties may testify, but their evidence must be corroborated.

INDEX.

A

Abraham, reference to marriage of, 40
Absence of husband or wife, when ex-
cuses second marriage, 78
Absentees, evils of allowing divorces
to be procured against, 163
Affinity, when bar to marriage, 57
Africa, marriage valid in, declared
void in England, 148

Federal

Africans, forbidden marriage with, 68
Age, at which children may marry, 8;
of consent at common law, 12; of
consent defined, 16; of consent,
living together after, 19; with re-
spect to clandestine marriages, 34
Alabama, marriage of divorced per-
sons in, 99; synopsis of laws of
marriage and divorce in, 191
Amendments, proposed to
Constitution on subject of marriage
and divorce, 177, 178; limiting the
power of the States, 182; limiting
powers of States considered, 184
Arizona, mistress may become a lawful
wife in, without marriage, 117; the
"omnibus clause" as to divorce in,
159; synopsis of laws of marriage
and divorce in, 194

Arkansas, punishes forced marriages
by death, 29; death the penalty for
forced marriages in, 114; synopsis
of laws of marriage and divorce in,
196

Australia, marriage in, 153

B

Banns, what constitutes publication
of, IO
Baralong, mode of celebrating mar-
riage among tribe, 149

Bechuana, mode of celebrating mar-
riage in, 149
Betrothal, as distinguished from mar-
riage, III

Bigamy, and its consequences, 71;
when divorce no defense to charge
of, 73; punishment for, 75; law of
every State and territory, 191-327
Bishop, Joel P., as to marriage among
relatives, 54

Blood relatives, marriage among, 37.
Bonaparte, Madame, marriage of, 154.
Borneo, marriage in, 153
Bride and groom, marrying while in-
toxicated a crime in Pennsylvania,
128

C

California, synopsis of laws of marriage
and divorce in, 198
Capture, marriage by, 38
Catholic Church may authorize mar-
riage of cousins, 45

Celebrant, punishment of, for marry-
ing children without consent, 25;
liability of, in solemnizing marriage,
124-133; within what territory he
must act, 139

Children, marriage of, 15; conse-
quence of, marrying without parents'
consent, 22

Chinaman, when forbidden to marry
Caucasian, 69

Church of England does not prohibit
marriage of cousins, 47, 54
Clandestine marriages considered, 28
Cleopatra, marriage of, with her rela-
tives, 41

Clergymen, liability of, in solemnizing
marriage, 124-133; qualifications
of, requisite to solemnize marriage,
134-140; in what States they have

58

the exclusive right to solemnize | Deceased wife's sister, marriage with,
marriage, 139
Colorado, synopsis of laws of marriage Delaware, synopsis of laws of marriage
and divorce in, 201

Communal marriage, reference to, 37
Concubinage may drift into wedlock
in Arizona, 117

Congress, objection to delegating
power to, concerning marriage and
divorce, 175; law of, as to register-
ing marriages in Territories, 194
Connecticut, the "omnibus clause" as
to divorce in, 159; synopsis of laws
of marriage and divorce in, 203
Consanguinity as a bar to marriage, 37
Consent, age of, regarded, 8; age of,

at common law, 12; age of, as to
marriage defined, 16; age of, in
certain parts of the United States,
17; effect of living together after
age of, 19; punishment where chil-
dren marry without, 20; conse-
quence of marrying without, 22;
must be voluntary to constitute mar-
riage, III
Constitution, as to full faith and
credit" with respect to judgments
in divorce cases, 164, 165; objec-
tions to amendment of, as to mar-
riage and divorce, 175; might be
amended by limiting the power of
the States, 182

..

Cousins, marriage of, by dispensation,
45; sanitary results of marriage of,
46, 50; marriage of, in United
States, 50; marriage of, in Illinois,
51; marrying in Wisconsin and
living in Illinois, 143, 144
Crime, will not be presumed in law,

D

151

Dakota, synopsis of laws of marriage
and divorce in, 205
Darwin, George H., investigation of,
as to marriage of cousins, 46
Davis, Jefferson, marriage of, 33
Death, marriage under supposition of,
of prior husband or wife, 78; pre-
sumption of, when arises, 79
Death, penalty for forced marriages in
Arkansas, 29; prescribed for forced
marriages in Arkansas, 114

and divorce in, 208
Disqualifications as to marriage, 7
Divorce, when not necessary when age
of consent is reached, 19; when,
will not excuse bigamy, 73; when
guilty party to, forbidden to marry,
83, 93; against absentees, 83, 93;
is a creation of State statutes, 156;
Congress can legislate as to, only
in the Territories, 156; legislation
differs in every State, 157; "omni-

bus clauses in the various States,
158; some of the evils of, legis-
lation, 162; as to non-residents,
163; as to prohibiting guilty party
to marry again, 163; obtained in
other States against absentees, how
far valid, 165; State should be rep-
resented in every suit for, 167; suits
for, should be tried publicly, 168;
prohibiting marriage of guilty party
a dead letter, 171; from "bed and
board," 173; objections to a federal
law concerning, 175

Divorce legislation, abuses of, 88
Divorced persons, when forbidden to
marry, 83, 93

E

Elders may solemnize marriage in
Rhode Island, 139

Elizabeth Patterson, marriage of, 154
Eldon, Lord, marriage of, 31
Endogamy, reference to custom, 38
Engagement, effect of secret, with
children, 23

England, marriage valid in Africa de-
clared void in, 148; people repre-
sented in divorce suits in, 167
Enoch Arden marriages, 78
Episcopal Church, see Church of
England.

Exogamy, reference to custom, 38

F

Federal legislation on subject of mar-
riage and divorce, 175
Fine may be imposed on celebrant for
violating marriage law, 124-133

Florida, synopsis of laws of marriage | Illinois, marriage of cousins in, 51,

and divorce in, 211
Forbidden marriages, among blood
relatives, 37; among husband's or
wife's kindred, 57; among mixed
races, 64; of divorced persons, 83,
93

Forced marriages, punishment for, 29;
punishable by death in Arkansas,
114

Foreign divorces, effect of, 83, 93

52; effect of marrying cousins in,
143, 144; synopsis of laws of mar-
riage and divorce in, 220
Impediments, as to marriage, II;
arising from law of nature, 12;
contrary to law of morals, 13; as to
marriage of divorced persons, 83
Incest, when it will vitiate marriage,
142; in one State, and not in an-
other, 143

France, rules of, as to foreign mar- | Indiana, State represented in divorce

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Idaho, synopsis of laws of marriage Law of morals, marriage in violation

and divorce in, 217

of, 13.

See also Moral Law.

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