one of the parties was an idiot or a lunatic; 4. That the consent of one of the parties was obtained by force or fraud; 5. That one of the parties was physically incapable of entering into the married state; 6. That the female at the time of the alleged marriage was under the age of fourteen years, and that such marriage was without the consent of her father, mother, guardian, or other person having the legal charge of her person, and was an offence on the part of her husband under the statute, and punishable according to law; 7. That the marriage was not followed by consummation or cohabitation, nor had been ratified by any mutual assent of the parties after the female had attained the age of fourteen years; 8. That the parties were within the prohibited degrees of consangunity.

3. There may be causes which have arisen since the formation of the marriage contract, for which the court will dissolve the contract. The principal cause is the violation of the marriage contract by the commission of adultery. For more than one hundred years previous to the Revolution no divorce took place in the colony of New York. For many years after New York became an independent State there was no lawful mode of dissolving a marriage, in the lifetime of the parties, but by a special act of the Legislature. As the law now stands, the Supreme Court may dissolve the marriage contract by a decree of divorce for the adultery of the husband or of the wife in three cases only: 1. Where both husband and wife were inhabitants of that State at the time of the commission of the offence; 2. Where the marriage has been solemnized within that State, and the injured party at the time of the commission of the offence, and at the time of exhibiting the bill of complaint, shall be an actual

3. What is the principal cause arising after the formation of the marriage contract for which the court will dissolve the contract? For what time previous to the Revolution were there no divorces granted in the colony of New York? After New York became an independent State, how only were marriage contracts dissolved? As the law of that State

inhabitant of that State; 3. Where the offence was committed in that State, and the injured party at the time of exhibiting the bill of complaint was an actual inhabitant of that State.

4. Although the fact of adultery be proved against the defendant, yet the court will deny a decree of divorce in the following cases: 1. Where the offence shall appear to have been committed by the procurement or with the connivance of the plaintiff; 2. Where the offence charged shall have been forgiven by the injured party, and such forgiveness be shown by express proof, or by the voluntary cohabitation of the parties with the knowledge of the offence; 3. Where the suit shall not have been brought within five years after the discovery by the plaintiff of the offence charged; 4. Where it shall be proved that the plaintiff has also been guilty of adultery under such cir cumstances as would have entitled the defendant to a divorce if he were innocent of the offence charged. An action to annul a marriage on account of the want of age of the parties may be brought by the parent, guardian, or person entitled to the custody of the minor; but it cannot be annulled on the application, in New York, of the party who was of the age of legal consent when the marriage was solemnized, nor when the parties, after the age of legal consent, have freely cohabited as husband and wife.

5. In Catholic countries marriage is considered a sacrament, and held indissoluble during the life of the parties. This was formerly the case in France. By the Code Napoleon divorces were allowed without cause, founded

now stands, in what three cases only can the courts dissolve the marriage contract?

4. In what cases will the court deny a decree of divorce, although the fact of adultery be proved against the defendant? By whom may the action to annul a marriage on account of want of age of the parties be brought? Can it be annulled in New York on the application of the party who was of the age of legal consent when the marriage was solemnized?

5. How is marriage considered in Catholic countries? What was the rule of law for granting divorces by the Code Napoleon? By what power

merely upon mutual consent. In some of the United States, divorces can only be granted by act of the Legislature, according to the English practice. In other States, the legislatures are prohibited from granting divorces, but can confer that power upon the courts. In New York, the jurisdiction of the courts is confined to the single case of adultery. In most of the other States, in addition to adultery, intolerable ill-usage, or wilful desertion, or unheard-of absence, or habitual drunkenness, will authorize a decree for divorce a vinculo.

6. Divorces a mensa et thoro are allowed by the laws of almost all countries, and by most of the States; yet in some of the States they are not granted. They are generally granted for cruel and inhuman treatment, or such conduct as renders it unsafe and improper for the wife to cohabit with her husband; or for wilful desertion, and refusal or neglect to provide for the wife.

7. In a complaint or bill by the plaintiff for the purpose of procuring a divorce a vinculo, or a divorce a mensa, the following facts must be alleged: 1. The fact of residence, or other circumstances which bring the parties within the statute, and give the court jurisdiction of the case; 2. The marriage, with the time and place thereof; 3. The issue of such marriage, with the age and sex thereof; 4. The statement of facts constituting the cause of action. If a decree be sought declaring the marriage void on account of causes which existed at the time of the marriage, these must be fully stated. If a decree be sought dissolving the marriage contract for causes which have arisen since it was solemnized, these must be fully and concisely stated. If a decree be sought granting a divorce a mensa, the facts for which such divorce may be granted must be fully stated. All the facts necessary to

is the marriage contract dissolved in the several States? For what cause in New York? For what cause in the other States?

6. For what causes are divorces a mensa et thoro granted?

7. In a complaint or bill by the plaintiff for the purpose of procuring a divorce, what facts must be alleged? What must be asked for in the

constitute the cause of action must be alleged in the complaint, or they cannot be proved on the trial. 5. The relief sought for must be asked in the complaint. The plaintiff either prays that the marriage between himself and defendant may by the decree of the court be annulled, or he prays that it may be dissolved, or he prays that a limited divorce be granted, separating him from defendant. If further relief, such as the custody of the children or separate maintenance, be sought, it should be asked in the complaint. The following clause is generally added to the complaint: "And for such other and further order as to this honorable court may appear equitable and just."

8. If the action be brought for a decree dissolving the marriage contract on the ground of adultery, the plaintiff must allege in his complaint the time when, the place where, and the person with whom the offence was committed. He must further allege that the offence was committed without his consent, connivance, privity, or procurement; that five years have not elapsed since the discovery of the offence charged; and that he has not voluntarily cohabited with defendant since such discovery. A decree of divorce cannot be taken by consent of the parties. If defendant fail to answer, the case is referred to a referee, to take proof of the facts alleged. On the report of the referee, the court will grant or deny the decree. The decree annulling or dissolving the marriage contract generally releases the innocent party from the marriage contract, and allows him to marry again, but prohibits the guilty party from marrying again.

complaint? If the custody of the children be sought? What clause is generally added to the complaint?

8. If the action be brought to dissolve the marriage contract on the ground of adultery, what must the plaintiff allege in his complaint? What must he further allege? Can a decree of divorce be taken by consent? If defendant fail to answer, what is to be done? What effect. does a decree dissolving the marriage contract have upon the parties?

CHAPTER XLVI.

CONTRACTS.

1. A CONTRACT is an agreement between two or more parties to do, or not to do, some act. Contracts are special or simple. Special contracts are contracts of record, or contracts under seal. All other contracts are simple contracts. A bond entered into before a court or officer thereof, with a condition that some act specified therein shall be performed, under a fixed penalty, is a contract of record. Bonds given before the court, and deeds, are special contracts.

2. Contracts, whether oral or written, if not of record, or under seal, are verbal contracts. The Statute of Frauds requires the evidence of some verbal contracts to be reduced to writing; but if not of record or under seal, they are only verbal contracts. By the Statute of Frauds, in the State of New York, the following agreements are void unless some note or memorandum thereof expressing the consideration be in writing, and subscribed by the party to be charged therewith: 1. Every agreement that, by its terms, is not to be performed within one year from the making thereof; 2. Every special promise to answer for the debt, default, or miscarriage of another person; 3. Every agreement, promise, or undertaking made upon consideration of marriage, except mutual promises to marry. Every contract for the sale of any goods, chattels,

1. What is a contract? Of how many kinds? What are special contracts? What are simple contracts? What is a contract of record? What kind of contract is a deed?

2. What are verbal contracts? What does the Statute of Frauds require? By the Statute of Frauds in the State of New York what agree. ments are void, unless some note or memorandum thereof expressing the consideration be in writing, and subscribed by the party to be charged therewith? What conditions are required by the same statute to make