IN WITNESS WHEREOF, The said parties have hereto interchangeably set their hands and seals, the day and year first above written.

Signed, sealed, and delivered in presence of (Witnesses.)

(Signatures.)

(Seals.)

SS. 30th September, A.D. 18

Then personally appeared the above-named

and

and severally acknowledged this indenture to be their free act and deed. (Signature.) Justice of the Peace,

DIVORCE.

Divorce may be of two kinds: divorce from the bond of matrimony, often called by the Latin law phrase a vinculo matrimonii ; and divorce from board and bed, or a mensa et thoro. A divorce a vinculo annuls the marriage altogether, and restores the parties to all the rights of unmarried persons, and relieves them from all the liabilities which grew out of the marriage, except so far as may be provided by statute, or made a part of the decree of divorce by the courts. Thus it is a provision of some of our State statutes that the guilty party shall not marry again. And the court generally have power to decree terms of separation, as to alimony (which means the continued support of the former wife by the husband), care and possession of children, and the like; and this decree is subject to subsequent modification.

A divorce a mensa et thoro separates the parties, but leaves them still married. Generally, a woman divorced from the board and bed of her husband acquires the rights and powers, as to property, business, and contracts, of an unmarried woman; and her husband is freed from his general obligation to maintain her, the courts having power, which they usually exercise, of decreeing such alimony or maintenance from the husband as his means and the character and circumstances of the case render proper.

In England, when our forefathers came over, and, indeed, until 1857, there could be no divorce a vinculo, except by an act of Parliament, the courts having no power to grant such a divorce; now, however, there is in England a court authorized to grant this divorce. The New England colonists brought English law with them; but, as we learn from Mather's Magnalia, very early in the settlement of New England the question was put to the clergy, whether adultery was a sufficient cause for a divorce. They answered that it was. The courts of law thereafter decreed divorce a vinculo in such cases; and this law and practice became universal in this country. For

BOOK THIRD.

THE PROPERTY RIGHTS OF A CITIZEN OF THE UNITED STATES:

HOW TO EXERCISE AND HOW TO PRESERVE THEM.

BOOK THIRD.

THE PROPERTY RIGHTS OF A CITIZEN OF THE UNITED STATES.

CHAPTER I.

EMINENT DOMAIN.

In this country all property is held subject to the right of eminent domain. This is the name given in law to the right of the sovereign to take private property for public purposes. This right belongs in this country, first, to the United States; and, secondly, to each State: but the right of each State is confined to property within its boundaries. To this right there are but two limitations, but they are very important. One of these is, that the property must be taken for public purposes; the second is, that full and adequate compensation must be made for the property so taken. Both of these conditions are essential, and only when both exist together can private property be lawfully taken. It follows, therefore, that if there be no public necessity there is no public right; and that if property be taken by the sovereign without such necessity, as there is no public right, land taken by the sovereign, where no such necessity exists, is unlawfully taken, although full and adequate compensation be made. And, on the other hand, if land be taken by the sovereign because of such necessity, and for public purposes, it is unlawfully taken, unless full and adequate compensation be made.

It is not, however, necessary that this compensation should be given at once when the land is taken; it is enough if the law provides the means by which the owner of the land may be sure of obtaining compensation: and it has been well said, that it must be as absolutely certain that the compensation will be adequate, and will be received, as that the land is taken. In all our States there are statutory provisions on the subject, by force of which the value of the property taken is ascertained by commissioners or a jury, under the direction of the court, and payment made.