The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1882-05-10
Written for the Sunday Sentinel.
some Legal Points In Mari

Some Legal Points I'm Marriage.
Marriage is al institution also civil COL
tract, into which males of the age of seven
teen and females of the age of fourteen not
within the prohibited degrees of consan-
guinity are capable OF entering in this state
No form, ceremony, license, priest, or off,
cisl is absolutely necessary. If competent
candidates agree to take each other as hus-
band and wife, and carry out the same by
living and cohabiting together, their union
is legal marriage. They Cali write their
own con,rsct, or make it verbal and so an
nounce the same and carry it out, ard it is
Just as legal and binding as if all the for
malities of law and society are observed
The statutes on the subject of marriage GER
emonies are easy to follow, but people may
disregard the whole OF them
Marriage may be solemzized by minis
tiers and priests of every Church, Judges,
Justices Of the Peace, and by other societies
in the forms they adopt. But il a marriage
is legal in other respects, it viii not be made
void on account Of the incapacity of the
person solemnizing the same. A man
placed ring on the finger of a lady
and said, ave are msn and wife,"
She consented and they lived together as
married persons and the marriage was held
valid. All marriages are void where either
party had husband or wife living at the
time of the marriage; when one of the per-
sons is white and the other possessed of one
eighth or more of negro blood; when either
party is insanse or idiotic at the time of
such marriage. Marriage into which per-
son has been Induced to enter by fraud or
forced by duress msy be avoided and the
innocent party may make application to
court on a petition as in the practice for
divorce and haze decree declar-
ing the contract void. Where
either party shall be incapable, from
want of age or understanding, to contract
such marriage may be declared void on ap-
plication of such party; and the same pro-
ceedings as in divorce can be followed, the
children are legitimaes
Children of marriages void on account Of
consanguinity, affinity, or difference of color
are legitimate.
Where either of the parties TO a marriage
which is void on account of former marriage
existing, enters on said marriage in good
faith, believing that the disability did not
exist, all children Of said marriage before
the discovery of such disability by such in
nOcent party are Legitimate.
Where one of the parties to marrisge
acted in good faith and the marriage is VOID
on account of the other party being married
at the time, it makes it very hard for the in
nocent party; and while the children are
| legitimate, there seems to be no adequste
redress for the injured party. Here is room
for needed legislation.
Mock marriages are not legal, for the con-
tract 10 be binding both minds must agree
on the same proposition and intend TO enter
INTO. VIII a marriage void no divorc
can be granted, but it may be declared void
in proceedings similar to divorce practice.
There have been many forms of fraud
practiced to get people into marriage, in
order to secure benefit, as by way of prop
erty and for other reasons, yet all void mar
riages sre illegal and may be wholly disre-
garded or they may be declared void by
Court. The tendency of legislation for many
years is to hold all marriages legal whe. ever
it can be done by any means and to make
children legitimate heirs of property. yet
there are many defects which should be
remedied by the Legislature.
When the laws OF marrige are made easy
to follow and divorces are made harder to
get, then happy will it be for all, but We
need not expect perfection in these matters
in Government that allows whole States
and Territories to do as they please, and to
have one husband or hundred, one wife or
a thousand, and prove it by their Bible and
call it conscience and inspiration.
WILLIAM z. Atkinson.
Indianapolis, Ind, April 81.