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8. What is the first of these disabilities ?—436.
A prior marriage, or having another husband or wife living
9. What is the second ?-436.
Want of age.
10. What is the third ?–437.
Want of consent of parents or guardians.
11. What is the fourth ?-438, 439.
Want of reason.
12. In what manner may marriage be dissolved ?–440.
Either by death, or divorce.
13. What kinds of divorce are there ?—441.
Two kinds : one a vinculo matrimonii, which is total; the other a mensa et thoro, which is partial.
14. In case of divorce a mensa et thoro, what does the law allora to the wife ?–441.
It allows her alimony, sometimes called estovers.
15. What is the writ de estoveriis habendis ?-441.
It is a writ at common law to recover alimony.
16. In what case does the law allow no alimony ?—442.
In case of the wife's elopement and living in adultery.
17. What is the legal consequence of marriage?-442.
That the husband and wife are one person in law.
18. For what debts of the wife is the husband liable ?–442, 443.
The husband is bound to provide his wife with necessaries, by law, as much as himself; and if she contracts debts for them, he is obliged to pay those debts. Also, if the wife be indebted before marriage, the husband is bound afterward to pay the debt.
19. Is there not one case in which the wife shall sue and be sued as a feme sole ?—443.
Yes ; when the husband has abjured the realm, or is banished; for then he is dead in law.
20. What restraint may a husband now lay upon his wife in case of gross misbehavior ?—445.
The courts of law still permit a husband to restrain a wife of her liberty in case of any gross misbehavior.
1. What is the third, and most universal private relation of persons 2—446.
That of parent and child.
2. Of what sorts are children?—446.
They are of two sorts : legitimate and spurious, or bastards.
3. Who is a legitimate child ?–446.
One that is born in lawful wedlock,
4. What are the legal duties of parents to legitimate children?—446.
Three : maintenance, protection, and education.
5. When shall a second husband be charged to maintain his wife's child by her first husband ?–448.
If the wife, before the last marriage, was of sufficient ability to keep the child, the husband shall be charged to maintain it ; but, at her death, the marriage relation being dissolved, the husband is under no farther obligation.
6. In what case is a person bound to provide a maintenance for his issue ?–449.
Where the children are impotent and unable to work, either through infancy, disease, or accident.
7. What is the law as to disinheriting children !-450.
It has made no provision to prevent the disinheriting of children by will ; leaving every man's property in his own disposal.
8. What, among other things, may a parent do for his child, as its protector?-450.
He may uphold and maintain his children in their lawsuits, without being guilty of the legal crime of maintaining quarrels. A parent may also justify an assault and battery in defense of the persons of his children.
9. From what is the power of parents over their children derived ? -452.
From their duty towards them; this authority being given them; partly to enable the parent more effectually to perform his duty, and partly as a recompense for his care and trouble in discharging it.
10. What power do our laws give the parent over his child ?452, 453.
He may lawfully correct his child, being under age, in a reasonable manner. The consent or concurrence of the parent to the marriage of his child, under age, is absolutely necessary to its validity.
11. When does this power cease ?–453.
When the child has arrived at the age of twenty-one years.
12. Whence do the duties of children to their parents arise ?—453.
From a principle of natural justice and retribution ; for to those who gave us existence we naturally owe subjection and obedience during our minority, and honor and reverence ever after.
13. Who is a bastard ?–454.
One that is not only begotten, but born, out of lawful matrimony.
14. Why is the reason of our law, on this head, superior to that of the Roman?—455.
The civil and canon laws do not allow a child to remain a
bastard if the parents afterwards intermarry ; but the English law makes it an indispensable condition, to legitimacy, that the child shall be born after lawful wedlock. The main end and design of marriage, to ascertain and fix upon some certain person to whom the care, the protection, the maintenance and the education of the child should belong, is thus better answered by the English law.
15. What rights has a bastard ?–459.
Very few ; being only such as he can acquire, for he can inherit nothing. Yet he may gain a surname by reputation, though he has none by inheritance.
16. What does the incapacity of a bastard consist in principally? -459.
He cannot be heir to any one ; neither can he have heirs, but of his own body.
17. How may a bastard be rendered legitimate ?—459.
By an act of parliament, and not otherwise.
OF GUARDIAN AND WARD.
1. What is the fourth private relation of persons 2–460.
That of guardian and ward. 2. What is the first species of guardians 2–461.
The guardian by nature, viz. : the father and, in some cases, the mother of the child.
3. If the father assign no guardian to his daughter under the age of sixteen, who shall be her guardian ?–461.
4. What is the second species of guardian ?–461.
Guardians for nurture. They are the father and mother till the infant attains the age of fourteen ; and, in default of father or mother, the ordinary usually assigns some discreet per son to take care of the infant's personal estate, and to provide for his maintenance and education. 5. What is the third species of guardian ?–461.
Guardians in socage, also called guardians by the common. law.
6. When does this third species of guardianship take place ?–461.
Only when the minor is entitled to some estate in lands, and then, by the common law, the guardianship devolves upon his next of kin.
7. How long does guardianship in socage continue ?–462.
Only till the minor is fourteen years of age ; for then, he is. presumed to have discretion so far as to choose his own guardian
8. Is there another species of guardians ?–462.
Yes; guardians by statute, or testamentary guardians. 9. How may they be appointed ?–462.
By deed or will.
. 10. What is the power and reciprocal duty of a guardian and ward ?–462.
The same, pro tempore, as that of father and child.
11. What is the guardian bound to do when the ward comes of age ?–463.
He is bound to give his ward an account of all that he has transacted on his behalf, and must answer for all losses by his wilful default or negligence.
12. Who is the general and supreme guardian of all infants ? 463.
The lord chancellor, by right derived from the crown. 13. Are the ages of male and female different for different pur. poses ?–463.
Yes ; a male at twelve years may take the oath of alle