Marriage, as distinguished from the agreement to marry and from the act of becoming married, is the civil status of one man and one woman united In law for life, for the discharge to each other and the community of the duties legally incumbent on those whose association Is founded
More... Marriage, as distinguished from the agreement to marry and from the act of becoming married, is the civil status of one man and one woman united In law for life, for the discharge to each other and the community of the duties legally incumbent on those whose association Is founded on the distinction of sex. 1 Bish. Mar. &
Div. | a And see State v. Fry, 4 Mo. 126; Mott v. Mott, 82 Cal. 413, 22 Pac 1140; Reynolds v. U. S., 98 U. S. 165, 25 L. Ed. 244; Maynard v. Hill, 125 U. S. 190, 8 Sup. Ct 723, 31 L. Ed. 654; Wade v. Kalbfleisch, 58 N. Y. 284, 17 Am. Rep. 250; State Bittick, 108 Mo. 183, 15 S. W. 325, 11 L. R. A. 587; 23 Am. St Rep. 869; Allen v. Allen, 73 Conn. 54, 46 Atl. 242. 49 L R. A. 142, 84 Am. St Rep. 135.
A contract, according to the form prescribed by law, by which a man and woman, capable of entering into such contract, mutually engage with each other to live their whole lives together in the state of union which ought to exist between a husband and wife. Shelf. Mar. & Div. 1.
Marriage is a personal relation arising out of a civil contract to which the consent of parties capable of making it is necessary. Consent alone will not constitute marriage; it must fee followed by a solemnization, or by a mutual assumption of marital rights, duties, or obligations. Civil Code Cal. ? 55.
Marriage is the union of one man and one woman, * so long as they both shall live," to the exclusion of all others, by an obligation which, during that time, the parties cannot of their own volition and act dissolve, but which can be dissolved only by authority of the state. Roche v. Washington, 19 Ind. 53, 81 Am. Dec 376.
The word also signifies the act, ceremony, or formal proceeding by which persons take each other for husband and wife.
In old English law, marriage is used in the sense of "maritagium" (q. v.f) or the feudal right enjoyed by the lord or guardian in chivalry of disposing of his ward in marriage.
-Avail of marriage. See that title.-Common-law marriage. See COMMON LAW.- Jactitation of marriage. See JACTITATION. -Marriage articles. Articles of agreement between parties contemplating marriage, intended as preliminary to a formal marriage settlement, to be drawn after marriage. Ath. Mar. Sett. 92.-Marriage brokage. The act by which a third person, for a consideration, negotiates a marriage between a man and woman. The money paid for such services is also known by this name. Hellen v. Anderson, 83 111. App. 509; White v. Equitable Nuptial Ben. Union, 76 Ala. 251, 52 Am. Rep. 325. -Marriage oeremony. The form, religious or civil, for the solemnization of a marriage-Marriage consideration. The consideration furnished by an intended marriage of two persons. It is the highest consideration known to the law.-Marriage license. A license ot permission granted by public authority to persons who . intend to intermarry. By statute in some jurisdictions, it is made an essential prerequisite to the lawful solemnization of the marriage.-Marriage-notioe boos;. A book kept, in England, by the registrar, in which applications for and issue of registrar's licenses to marry are recorded.-Marriage portion. Dowry; a sum of money or other property which Is
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iven to or settled on a woman on her marriage, n re Croft, 162 Mass. 22, 37 N. E. 784.- Marriage promise. Betrothal; engagement to intermarry with another. Perry v. Orr, 35 N. J. Law, 296.-Marriage settlement. A written agreement in the nature of a conveyance, called a* "settlement," which is made in contemplation of a proposed marriage and in consideration thereof, either by the parties about
to intermarry, or one of them, or by a parent oor relation on their behalf, by which the title to certain property is settled, t. e., fixed or limited to a prescribed course of succession; the object being, usually, to provide for the wife and children. Thus, the estate might be limited to tbe husband and issue, or to the wife and issue, or to husband and wife for their joint lives, remainder to the survivor for life, remainder over to the issue, or otherwise. Such settlements may also be made after marriage, in which case they are called "post-nuptial.- Mixed marriage. A marriage between persons of different nationalities; or, more particularly, between persons of different racial origin ; as between a white person and a negro or an Indian.-Morganatic marriage. The lawful and inseparable conjunction of a man, of noble or illustrious birth, with a woman of inferior station, upon condition that neither the wife nor her children shall partake of the titles, arms, or dignity of the husband, or succeed to his inheritance, but be contented with a certain allowed rank assigned to them by the morganatic contract. But since these restrictions relate only to the rank of the parties and succession to property, without affecting the nature of a matrimonial engagement, it must be considered as a just marriage. The marriage ceremony was regularly performed; the union was indissoluble; the children legitimate. Wharton.-Plnral marriage. In general, any bigamous or polygamous union, but particularly, a second or subsequent marriage of a man who already has one wife living, under the system of polygamy as practised by Mormons. See Freil v. Wood, 1 Utah, 165.-Seotch marriage. A marriage contracted without any formal solemnization or religious ceremony, by the mere mutual agreement of the parties per verba de prwsenti in the presence of witnesses, recognised as valid by the Scottish law.
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