United States.—The absence of ecclesiastical courts has sug gested difficulties as to the extent to which the law of England on this subject continued to prevail after the revolution. Bishop holds it to be the universal fact running through all the cases that everywhere in the country the English decisions on marriage and divorce are referred to with the same apparent deference which is shown on other subjects to the decisions of the English common law and equity tribunals. The same author observes that "all our marriage and divorce laws, and of course all our statutes on the subject, in so far as they pertain to localities embraced within the limits of particular States, are State laws and State statutes, the national power with us not having legis lative or judicial cognizance of the matter within those localities." Some of the States have extended the ages below which marriage cannot take place. The common law of the States is assumed to be that "a contract per verba de presenti, or per verba de futuro cum copula, constitutes a complete marriage." Conditions, how ever, may be imposed by the various State legislatures, and as to these the rule has established itself in American jurisprudence that "a marriage good at common law is good notwithstanding the existence of any statute on the subject, unless the statute con tains express words of nullity." Thus in Pennsylvania, where a statute provided that all marriages "should be solemnized before 12 witnesses," marriages not so celebrated were nevertheless held to be good. In New Hampshire justices and ministers of the gospel are authorized to solemnize marriage, and all other persons are forbidden to do so under penalties ; yet a marriage by consent, as at common law, without justice or minister, has been held valid. On the other hand, under a very similar statute in Massachusetts, it was held that "parties could not solemnize their own marriage," and that a marriage by mutual agreement, not in accordance with the statute, was void. Bishop regards this as an isolated exception to the general course of the decisions. So when State legislation requires any particular form to be used the want thereof only invalidates the act if the statute expressly so enacts. Many of the State codes inflict penalties on ministers or justices for cele brating the marriage of minors without the consent of the parents or guardians. The original law as to prohibited degrees has been considerably modified in the States. The prohibition of marriage with a deceased wife's sister has been abolished in the United States. But New Hampshire, Ohio, Indiana, Kansas, Arkansas. Nevada, Washington, the Dakotas and Montana have for long forbidden marriages between first cousins by blood, and Louisiana, Oregon, Pennsylvania, Michigan, Nebraska, Utah and Wisconsin have since adopted the same principle. Virginia prohibits the mar riage of a woman with the husband of her or daughter.
Attention is also being paid to the question of marriage from a physical point of view. New Jersey prohibits the marriage of any person who has been confined in any public asylum as an epileptic, insane or patient, without a medical certificate from two physicians of complete recovery, and that there is no probability of the transmission of such defects. This prohibits the granting of a marriage licence where either party is an habit ual drunkard, epileptic, imbecile or insane, or where the applicant at the time of making application is under the influence of any in toxicant or narcotic drug. In Michigan, Minnesota, Kansas, New Hampshire and Oregon, marriage is prohibited to epileptics, etc., except when the woman is over 45. In Michigan, also, marriage is forbidden to anyone who has suffered from a venereal disease and has not been cured. The equality of property rights between husband and wife is fully established in America. Indeed, in many States the movement has gone so far as to give the wife in matters of property and in reference to divorce greater privileges than the husband. Thus a husband is often liable for a debts where a wife would not be, mutatis mutandis, for a ; and a wife may usually obtain a decree of divorce for any ground on which one may be awarded to the husband, and, in addition, for neglect to provide sustenance or support. Emphasis on the personal or
moral relation of the parties in marriage tends to throw into the background the legal aspects and requirements; and it tends also to minimize, so far as the State is concerned, the religious and sacramental aspect of marriage. Marriage tends to become a relation established by parties between themselves, and one in which the consent of the parties becomes the only constitutive element. In the theory of American law no ceremony is essential to create the marriage relation. But this position has never been endorsed by any considerable proportion of the community, and in fact probably A- and perhaps of the marriages in the United States are contracted through some ceremony.
Other Countries.—In France, articles of the Code Napoleon, as amended by an act of 1907, prescribe the qualifica tions and conditions of marriage. The man must be 18 and the woman 15 years of age. A son and daughter under 21 cannot marry without consent of the father and mother, or of the father only if they disagree, or of the survivor if one be dead. If both are dead grandfather and grandmother take their place. Between the ages of 21 and 3o the parties must still obtain the consent of their parents, but if this be refused it can be regulated by means of a "respectful and formal before a notary. If the consent is not given within 3o days the marriage may take place without it. If neither parents nor grandparents be alive, parties under 21 require the consent of the family council. These rules apply to natural children when affiliated ; those not affiliated require the consent of a specially appointed guardian. Marriage is prohibited between all ascendants and descendants in the direct line, and between persons related by marriage in the same line, between brother and sister, between uncle and niece, and brother-in-law and sister-in-law. Before the solemnization of marriage banns are required to be published for a period of ten days, which must include two Sundays, containing the names, occupations, and domiciles of the parties and their parents. There must be an interval of three days before the marriage can take place, and if a year is allowed to elapse fresh banns must be put up. On the day appointed by the parties, and in the parish to one of them belongs, the marriage is celebrated by the civil officer or registrar reading over to them the various necessary documents, with the chapter of the code relating to husband and wife, receiv ing from each a declaration that they take each other for husband and wife, and drawing up the act of marriage. All this has to be done in the presence of four witnesses. Marriages contracted abroad between French subjects or between French subjects and foreigners are valid in France if celebrated according to the forms of the foreign law, provided the French conditions as to consent of parents have been observed. (See also Marriage with Foreigners Act, supra.) The code of 1900 lays down rules applicable to the celebration of all marriages in Germany. Civil marriage alone is recognized by the code. It is effected by the declaration of the parties before a registrar in the presence of each other of their intention to be married. Two witnesses of full age must be present. The registrar asks each of the parties whether he or she will marry the other, and on their answer in the affirmative declares them duly married and enters the marriage in the register. The marriage must be preceded by a public notice. Marriages are void between de scendants and ascendants; relatives by marriage in the ascend ing or descending line ; brother and sister of the whole or half blood.
In the great majority of the other European countries civil marriage is obligatory. In Roman Catholic countries the parties usually supplement the obligatory civil marriage by a religious ceremony, more especially since the papal decree Ne temere of Aug. 2, 1907 (which came into force at Easter 1908), which re quires marriages between Roman Catholics, or between Roman Catholics and those not professing that faith, to be celebrated before a bishop or priest duly authorized for the celebration thereof.