are also compelled to go to school at least eight months each year. Children under fourteen years of age are absolutely prohibited from working at any time in any factory or workshop, bowling alley, bar room, beer garden, or in or about any mine. During the vacation of the public schools, a child between the ages of twelve and fourteen may be employed in a store, office, hotel, mercantile establishment, laundry, telegraph, telephone or public messenger service, but a permit must first be obtained from the court or from the factory inspector. Between the age of fourteen and sixteen a permit must be obtained, which is generally granted on showing that the parents are in need of the earnings of the child. In Great Britain the father may determine which religion shall prevail in bringing up the child, and this may even be done by will, but in this country, while the right of the parent to give religious instruction to his minor children is generally recognized, courts will not allow a parent to interfere in religious matters after the child has reached the age of discretion.

The duty of parents to maintain their children is both a natural and a legal one and this is so even though the child has money of its own. During his lifetime, the duty of maintenance rests upon the father; after his death, it devolves upon the mother, if she is able to do so, but the mother need not maintain the child if it has means of its own which may be used for that purpose. The father is under legal obligation to provide for the support of his children, even if they remain with their mother after his divorce, and as against the public and the children he cannot escape this duty. If a decree of divorce remains silent regarding the custody and support of the children, the duty still rests on the father, even though the children continue to live with the mother. Where the custody of the children is given to one of the parties by the decree of divorce, such party is bound to support the children. This matter is usually regulated by the decree. The father is under no legal obligation to support step-children, unless he holds them out to the world as members of his family, in which case he stand in loco parentis, and is bound to support them the same as his own children.

The father being under legal obligation to support his minor children, he can be held for necessaries furnished them by others, if he has failed to furnish them. The duty of the

parent to the child in this respect is somewhat similar to the duty of the husband to the wife. What are necessaries is discussed elsewhere in this work. But a parent is not liable for necessaries furnished when the child voluntarily leaves home contrary to the wishes of the parent, or where the child has been emancipated and lives away from home. Where a father drove his minor son away from home by cruel treatment, he was held liable for necessaries funished him.

A parent is not liable for the torts of his minor child. His liability results only from the rule of respondeat superior, when the fact of agency is proved, and no presumption of agency results from the domestic relation. The acts must be done with the authority, knowledge or consent of the parent.

The parent or person standing in loco parentis has the right to moderately chastise the child during minority and is only controlled in this regard by the criminal law. The father has the right to name the child. In compensation for the duty of maintenance, the law gives the parent the right to the earnings of the child during minority. In this regard the father is first entitled and then the mother. The parents may release their right to the earnings of the minor child. A child is then said to be emancipated. This may take place either as the result of an express agreement between the parent and the child, or may be implied from the conduct of the parent and the circumstances. A parol emancipation without consideration may be revoked by the parent as to future earnings. The marriage of the child or entering into military or naval service works an emancipation. After emancipation, the child may sue on such contracts as are made with him for his service, and the parent has no right to demand the wages of the child either from him or from his employer.

If a child continues to reside in the family of the parents or other persons to whom he sustains the relation of parents, and renders service for such persons, the presumption is that such services were furnished in consideration of the support given, and he cannot recover unless he can show an agreement that he was to receive compensation.

The parent has the right to recover for injury to the minor child caused by negligent or wrongful act of another in so far as he is damaged thereby. This recovery is usually for loss of services, and money expended for medical treatment.

SECTION II.

DIVORCE.

In General.-A divorce is the total dissolution of the marriage relation or a partial suspension thereof, by law. In this state, divorces are either from the bonds of matrimony or from bed and board. At common law, marriage and divorce were under the jurisdiction of the ecclesiastical courts and no divorce was allowed for misconduct of the parties after marriage. The subject is now entirely regulated by statute, and our circuit courts have jurisdiction of all actions to affirm or annul marriages or for divorce. All marriages which are prohibited by law on account of consanguinity between the parties or on account of either of them having a former husband or wife living, if solemnized within this state, are absolutely void without any legal proceedings, but when either party to a marriage, for want of age or understanding, was incapable of assenting thereto, or when consent was obtained by force or fraud and there has been no subsequent voluntary cohabitation, the marriage is void only from such time as shall be fixed by the judgment of a court of competent authority declaring the nullity thereof. Insanity is no ground for divorce. There may be an action to test the validity of a doubtful marriage.

When marriage not to be annulled.-"No marriage shall be declared to be a nullity on the ground that one of the parties was under the age of legal consent, if it shall appear that the parties after they had attained such age, had, for any time, freely cohabited together as husband and wife; nor shall the marriage of any insane person be declared void after his restoration to reason if it shall appear that the parties freely cohabited together as husband and wife after such insane person was restored to a sound mind."

One party capable.-"No marriage shall be declared a nullity on the application of a party capable of contracting who entered into the marriage state with any person under the age of legal consent; nor shall the marriage of a person, capable of contracting, with any idiot or insane person be annulled on the application of such person thus capable to contract if he knew of such idiocy or insanity at the time of such marriage."

Residence necessary for divorce.-"No divorce shall be

granted unless the plaintiff shall have resided in this state one year immediately preceding the time of the commencement of his action, except for adultery alleged to have been committed while the plaintiff was a resident of this state; or unless the marriage was solemnized in this state and the plaintiff shall have resided therein from the time of such marriage to the time of the commencement of the action; or unless the action be brought by the wife and the husband shall have resided in this state for one year next preceding the commencement thereof."

Marriage dissolved by imprisonment for life.--"When either party shall be sentenced to imprisonment for life the marriage shall be thereby absolutely dissolved without any judgment of divorce or "other legal process, and no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights." Dissolution of a marriage because the husband was sentenced to prison for life immediately entitles the wife to her dower in his real estate, in the same manner as if he were dead. Where a wife married for the second time after the husband was sentenced for life, such second marriage was valid although the sentence was reversed on appeal.

Causes for divorce from the bonds of matrimony.--"A divorce from the bond of matrimony may be adjudged for either of the following causes:

1. For adultery.

2. For impotency.

3. When either party, subsequent to the marriage, has been sentenced to imprisonment for three years or more; and no pardon granted after a divorce for that cause shall restore the party sentenced to his or her conjugal rights.

4. For the wilful desertion of one party by the other for the term of one year next preceding the commencement of the action.

5. When the treatment of the wife by the husband has been cruel and inhuman, whether practiced by using personal violence or by any other means; or when the wife shall be guilty of like cruelty to her husband or shall be given to intoxication.

6. When the husband or wife shall have been a habitual drunkard for the space of one year immediately preceding the commencement of the action.

7. Whenever the husband and wife shall have voluntarily lived entirely separate for the space of five years next preceding the commencement of the action, the same may be granted at the suit of either party."

Causes for divorce from bed and board.-"A divorce from bed and board forever or for a limited time may be adjudged:

1. For the fourth, fifth and sixth causes above specified. 2. For extreme cruelty of either party.

3. On the complaint of the wife, when the husband, being of sufficient ability, shall refuse or neglect to provide for her, or when his conduct toward her is such as may render it unsafe and improper for her to live with him."

A divorce from the bond of matrimony may also be adjudged for either of the causes specified in the second and third subdivisions of the preceding section whenever, in the opinion of the court, the circumstances of the case are such that it will be discreet and proper so to do."

Procurement, eonnivance and condonation.-"In an action brought for a divorce on the ground of adultery, although the fact of adultery be established, the court may deny a divorce in the following cases:

1. When the offense shall appear to have been committed by the procurement or with the connivance of the plaintiff.

2. When the adultery charged shall have been forgiven by the injured party and such forgiveness be proved by express proof or by the voluntary cohabitation of the parties with knowledge of the offense.

3. When there shall have been no express forgiveness and voluntary cohabitation of the parties, but the action shall not have been brought within three years after the discovery by the plaintiff of the offense charged."

In every action to test the validity of a marriage or for a divorce the court may make such orders regarding temporary alimony, custody of children, or for suit money for the wife to carry on her suit, as may be proper. The court may also determine who shall have the children on separation, and, excepting in cases of divorce on account of the adultery of the wife, may order the payment of alimony, or a division of the property, etc., depending on the situation and circumstances of the parties. Unless there has been a final division of prop