A
LAW DICTIONARY
ADAPTED TO THE CONSTITUTION AND LAWS OF
THE UNITED STATES OF AMERICA
AND OF THE
SEVERAL STATES OF THE AMERICAN UNION
With References to the Civil and
Other Systems of Foreign Law
by
John Bouvier
Ignoratis
terminis ignoratur et ars. - Co. Litt. 2 a.
Je sais
que chaque science et chaque art a ses termes
propres, inconnu au commun des hommes. - Fleury
SIXTH EDITION,
REVISED, IMPROVED, AND GREATLY ENLARGED.
VOL. I.
---------------------------
PHILADELPHIA
CHILDS & PETERSON, 124 ARCH STREET
1856
Entered according to Act of Congress, in the year one thousand eight
hundred
and thirty-nine, BY JOHN BOUVIER, In the Clerk's Office of the District
9Court for the Eastern District of Pennsylvania.
-----------------------------
Entered according to Act of Congress, in the year one thousand eight
hundred
and forty-three, BY JOHN BOUVIER, In the Clerk's Office of the District
Court for the Eastern District of Pennsylvania.
-----------------------------
Entered according to Act of Congress, in the year one thousand eight
hundred
and forty-eight, BY JOHN BOUVIER, In the Clerk's Office of the District
Court for the Eastern District of Pennsylvania.
-----------------------------
Entered according to Act of Congress, in the year one thousand eight
hundred
and fifty-two, BY ELIZA BOUVIER and ROBERT E. PETERSON, Trustees, In
the
Clerk's Office of the District Court for the Eastern District of
Pennsylvania.
Deacon & Peterson, Printers
66 South Third Street.
TO THE HONORABLE
JOSEPH STORY, L L.D.,
One of the Judges of the
Supreme Court of the United States
THIS WORK is WITH HIS PERMISSION
MOST RESPECTFULLY DEDICATED
AS A TOKEN OF
GREAT REGARD ENTERTAINED FOR HIS TALENTS,
LEARNING, AND CHARACTER,
BY
THE AUTHOR.
MARRIAGE.....
18. The civil effects of marriage are the following:
1. It confirms all
matrimonial agreements between the parties.
19.-2. It vests in the husband all the personal
property of the wife,
that which is in possession absolutely, and choses in action, upon
the
condition that he shall reduce them to possession; it also vests in
the
husband right to manage the real estate of the wife, and enjoy the
profits
arising from it during their joint lives, and after her death, an estate
by
the curtesy when a child has been born. It vests in the wife after
the
husband's death, an estate in dower in the husband's lands, and a right
to a
certain part of his personal estate, when he dies intestate. In some
states,
the wife now retains her separate property by statute.
20.-3. It creates the civil affinity which each
contracts towards the
relations of the other.
21.-4. It gives the husband marital authority over
the person of his
wife.
22.-5. The wife acquires thereby the name of her
husband, as they are
considered as but one, of which he is the head: erunt duo in carne
una.
23.-6. In general, the wife follows the condition
of her husband.
24.-7. The wife, on her marriage, loses her domicil
and gains that of
her husband.
25.-8. One of the effects of marriage is to give
paternal power over
the issue.
26.-9. The children acquire the domicil of their
father.
27.-10. It gives to the children who are the fruits
of the marriage,
the rights of kindred not only with the father and mother, but all
their
kin.
28.-11. It makes all the issue legitimate.
Vide, generally, 1 Bl. Com. 433; 15 Vin. Ab.
252; Bac. Ab. h.t.; Com.
Dig. Baron and Feme, B; Id. Appx. b. t.; 2 Sell. Pr. 194; Ayl. Parergon,
359; 1 Bro. Civ. Law, 94; Rutherf. Inst. 162; 2 Supp. to Ves. jr. 334;
Roper
on Husband & Wife; Poynter on Marriage and Divorce; Merl. Repert.
h.t.;
Pothier, Traite du Contrat de Marriage; Toullier, h.t.; Chit. Pract.
Index,
h.t.; Dane's Ab. Index, h.t., Burge on the Confl. of Laws, Index, h.t.;
Bouv. Inst. Index, h.t.