The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-08-06

Five Years Absence of the Husband Doesn't
Safeguard the Wife's Second Marriage.

Safeguard the Wife's Second Marriage
The law as to the rights OF wife when her
husband has been missing for more than five
years was considered by Justice Russell OF the
Supreme Court yesterday In an opinion dis
missing an action brought by Sarah. NJ. Al
Xanian for a separation from Mihran II. Al.
iXanian. She had married Arthur Prevot on
Dec. -. 1887 but they Quarrelled in July. 1888.
and separated. A month later she had him
sent to the penitentiary for six months for at.
tempting to choke her She was Al years old
and Albanian was "a yearsold when theywere
married In 1894. She had not heard from Pre-
vot meanwhile. In September last che sued
for a separation from Albanian on the ground
nj abandonment. Albanian set up that his
marriage to her was not legal because she was
not divorced from Prevot and she had no evil
uence OF his death. The plaintiff denied
knowledge OF the death OF Prevot. but con-
tended that. as she had not heard from him for
more than five years. she was entitled under
For the protection OF the Legitimacy OF chill
dren, says the decision OF Justice Russell.
and to give the honest abandoned one relief
from tie.whch death has. probably freed her
from. but where the power to prove death may
be unavailable Tor want Of AGILITY to trace
fugitive. the statute provides as follows:
If any.person whose husband or wife shall
have absented himself or herself for the space
G aeh e es Without 6enG
shall remarry during the lifetime OF such alb
sent the marriage shall be void only from the
time that its nudity shall be pronounced by a
court OF competent authority
This statute was. however not designed to
n ilitate against the commonly received belief
that civilized intelligent society puts upon the
correct maintenance OF the marriage tie Of
homogeneous marriage. 1t is not designed to
allow a couple by mutual understanding to
separate take no steps to hear from each other
and after hve'years contract new marriage re-
lations on the theory that five years statut"
Of lin ltatiOn runs against marriage. 1t Is
founded upon the basis that marriage brings
obligations upon both parties and that one Of
these obligations IL fol- each to concern him
self or herself az 70 the whereabouts OF the
other-and in: case Of unexplained absence to
make search through the channels 81 informa:
ton afforded by relatives or friends: and
where as in this case. the husband Is turned
out from the house by the wife and forced into
prison upon her complaint however Just that
conn plant may be. she.may not rest uncon.
cerned as to his future for the sole purpose Of
freedom by accruing time but while she NAV
have exemption from marriage suhservierce
on account OF brutal conduct. she must eNer-
else proper diligence to entirely free herself
from the yoke to avoid. bY. the fair belief OF
death the having two O. more husbands liv-
ing. from none Of whom she has been d.
vorced'
l. appeared that the rlaintiff. after seeing
Prevot safely in Jail m ade no further INQUIRIES
about him The Judge says that her mar
riage to Albanian was not contracted In good
faith.in the belief that Prevot was dead. Pre-
vot has not been heard from.