Marriage And Divorce

The pro r sions of Iho new Reviscd Stalutes relativo to Marriags and Divorce, are in sorae respects, and in some very important points, different froni thoso conwlned in Revisión of 1833. - The age at ivhich a male slr 11 be capable I of con trading nmrriage, ischanged from sevenlcen to eighlcen years, and that of a female from fourleen to sixtcen. Marriagft is declared tobo a civil contract, to which the consent of parties c;ipahle in law of contr.icting, is essentlal. Under tliií provisión the mam'age of a male under eighteen yeurs of age, or of n female under sixteen years, would be absokitely void; for previous to tho-eages they are not "capable in law of contracting." The inhibitions as to marrvj ing one's kindred, whether male or femalp, are the same under the new as under the old Statutes. The marriage of a white perron to a negro or mulatto is exprer.sly forbidden. Justices of'lhe Peace and all Ministers of the Gospel, duly ordained, nccording to the usages of their denominntion, and residing and preacliing within this state, are authorized to perform ttie marringe rcremony. The ceremony must be .solemnized in the pres-ence of at least two witnesses, besides the minister or mugistrate ; and tho pnrties shall solemnly declare in their presence that they lake each as husband and wife. This is all the G'rm that is required. Every justice or minis'er who shall perform a marri ige ceremotiy mu-t within lliree rr.ontl's thersofter ftle, wiih the Clerk of the cnunty in which the marriage took place, a Certifícate containing the particulars of the samo : and fnr neglecting so to do is Hable to a fine of from twenty to one hundred dollars. Any person who shall undprtalie tojoin others in mnrriage, knowing that he isnot lawfully airthorized so to do, or knowing of nity ]rg- impediment to said proposed mnrriagp, is linble to imprisonmont in the county ja il, cw to a fine offromfifiy tofive hundrfd dollnrs, or to botli fine and imprisonment. No mari-inge solemnized before any person pro fessing to bea justicp, or clergyman, but who isnotsuch, sliall be void, provided the marriagö be consummated wilh a full belief on the part of the persons so raarried, or eitker of them, that they have been lawfully joined in marriage. Thus mueh For tying the "silken knot" - now for the ailying it. AH marriages prohibited by lm1, on account ot' consanguinity or aftinity beuvcen the parties, or on account ofeithar hnving a forrnor wife or hnsband living; all tnarrioges solemnizad wlieu eitlier of ihe parlies was an idiot or nsane ; and all marringes between whites anc! no groes, if solemnized in this state, nre nbsolutely void, without any decree or divorce on other leg.il process. Wliere the validity of a marriage isdoubled, for nny cause, the Circuit Court is nuthorizcd to annul or DÍTIrm iton petition ana proof. Sentence of eiiher party io imprisonment for life dissolves the marriage; and no pardon grnnted to the party sentenced shall rpstore his or her conjuga! rights. A divoroe from the bond of matrimony may be decree-J by ihe Circuit Court of the county where one or bothof the parties reside, on peition and proof, for adultery by eiiher ïusband o? wife - for scnlence of either )arty to imprisonment for three years qr more - by deser'.ion fjf eiiher party by he other for co years (formorly three vearsj - orfor the reason Ihat eiiher the hushawl or wife has become an habtivat drunkard! This last provisión we like )articularly well. lt wns not contained in the old Slatutes, but its incorporation in the new, cannot but meet with universal approba'ion. A riivores from bed and board for-' ever, or for a lirnited time, -nay be : creed for extreme cruelty, whether by personal violence or other mean?, or for ulter dnsertion for thfe term of tvvo years, or for a refusal on the part of ihe husband to provida his wife witli a suitable mnintenance, lie being ofsuñicient ability to do so. No divorce sliall be ( granted unless the party praying for it has resided in the state1 one year, or unless! the marriago was solemni.ed in the stute and the complainant hns resided here sinco. But this mu.st siiifice ns to the general provisions relative to " maniago ! and divorce" in Michigan, as lime and! space wil] not permit of a furlher !