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Satisfaction of the above mentioned judgment is hereby ac knowledged.

Subscribed and acknowledged before me, this

in the year

competent proof.)

A. B.

day of

by A. B., to me known, (or to me made known by

E. F., Commissioner of Deeds of said County.

Application for a Subpoena to compel a Subscribing Witness to attend before an Officer to prove the Execution of a Conveyance.

Kings County, ss.

J. S., of the town of Poughkeepsie, in said county. being sworn, saith, that he is the grantee (or the heir, or the personal representa tive of the grantee,) in a conveyance of land made by G. II., to the said J. S., dated the day of —; that L. M., residing in the said town of Poughkeepsie, in said county, is a witness to the said conveyance, which cannot be proved without his evidence; and that he refuses to appear and testify, touching the execution thereof.

And the said J. S. applies to S. T., one of the Judges of the County Court, of said county, for a subpoena, requiring the said witness to appear and testify in relation thereto.

J. S.

Sworn the

day of

before me.

Subpoena.

To L. M., of the town of

in the county of—.

IN the name of the People of the State of New-York, you are hereby commanded and required to appear before me, at my office (or dwelling-house), in the town of - in the county of —, or the day of instant, at o'clock in the noon, then and there to testify, touching the execution of a conveyance of land from G. H. to the said J. S., to which, it appears by his application to me under oath, that you are a witness, and that you have refused to appear and testify touching the execution thereof. Fail rct in your obedience to this subpoena, at your peril. Given under my hand and seal, this day of- in the year

S. T, one of the Judges of the County Court of Kings County

MARRIAGE AND DIVORCE.

MARRIAGE, throughout the United States, is simply a civil contract, and may be entered into by any two persons, with the exceptions mentioned below:

WHAT CONSTITUTES A MARRIAGE.-The basis of a marriage is the mutual consent of the parties, followed by cohabitation. It is, therefore, complete on the declaration of the parties, in the presence of one or more witnesses, that they take each other to be man and wife, or words to that effect, and consequent cohabitation.

WHO CANNOT FORM A LEGAL MARRIAGE.-Idiots, lunatics, persons of unsound mind, persons related by consanguinity or affinity within the degrees prohibited by law, infants under tho age of consent (which, in Ohio, is 18 for males and 14 for females; in Massachusetts, 17 for males and 14 for females; and in all the rest, 14 for males and 12 for females), and persons already married and not legally divorced, are incompetent to form a valid marriage.

WHO MAY LEGALLY MARRY.-Any two persons not prevented by any of the reasons above stated.

CEREMONY.-No particular ceremony is requisite, nor is it required that the marriage should be performed by any particular person. It is, however, most usually performed by a clergyman or magistrate, and in some of the States it must be performed by them. In Connecticut it is necessary to record a notice of the intent to marry with the Town Clerk or Register of the town where the parties reside, for, at least, three weeks; in Maine the same notice must be recorded five days; and, at the expiration of that time, if no objections are made, the Town Clerk or Register gives a certificate to that effect, and a clergyman or magistrate can then marry them. In Massachusetts, the parties must previously obtain from the same officer a certificate of their respective names, occupations, ages, births and places of residence-on receipt of which any clergyman or magistrate can marry them.

VALIDITY OF A MARRIAGE.-The validity of a marriage is determined by the lex loci contractus, or the law of the place where it is contracted. If valid there, it is valid everywhere-the only exceptions being marriages forbidden by the public law of a country from motives of policy, such as polygamy, incest, etc.

Divorce.

A divorce is the dissolution of the bond of matrimony, or the separation of husband and wife, by the judgment of a Court having jurisdiction thereof, or by an act of the Legislature. In Alabama, a decree of divorce must be sanctioned by two-thirds

of the Legislature; and in Maryland all divorces are granted by the Legislature, on the report of a judge of Court. In all the others they are made by authorized Courts.

GROUNDS OF DIVORCE IN THE DIFFERENT STATES.-Divorces are of two kinds-a vinculo matrimonii (being a dissolution of marriage tie,) and a mensa et thoro (from bed and board).

A divorce is granted in the following States, on the following grounds:

ALABAMA. For impotency; adultery; voluntary abandonment for two years; imprisonment for two years; commission of crime against nature; habitual drunkenness of the husband; actual violence. In favor of the husband, for pregnancy of the wife at the time of marriage.

ARKANSAS. For impotency; willful desertion; either party having a husband or wife living at time of marriage; felony or other infamous crime; habitual drunkenness; adultery; cruel treatment.

CALIFORNIA. For adultery, extreme cruelty, willful desertion for one year, conviction of felony.

CONNECTICUT.-For adultery; fraudulent contract; willful de sertion for three years; seven years' absence, not heard of; habit. ual intemperance; intolerable cruelty; sentence to imprisonment. for life; infamous crime involving a violation of conjugal duty.

DELAWARE. For cruelty; desertion for three years; habitual drunkenness; impotency; extreme cruelty; felony; marriage by fraud, for want of age; willful neglect for three years. Alimony to the wife pending her petition for divorce.

DISTRICT OF COLUMBIA.-For cruelty; willful desertion for three years; lunacy; adultery. Alimony to wife pending her petition.

FLORIDA. For impotency; adultery; either party having hus band or wife living at time of marriage; extreme cruelty: ungovernable temper; habitual intemperance; continued desertion for one year. Alimony allowed to wife.

GEORGIA. For intermarriage of persons prohibited by degrees of affinity or consanguinity: mental incapacity; impotency; force in obtaining marriage; pregnancy of the wife at the time of marriage, unknown to husband; adultery; continual desertion for three years; conviction of offence and imprisonment for three years; cruel treatment or habitual intoxication.

ILLINOIS. For impotency; bigamy; adultery; desertion or drunkenness, for two years; attempt upon the life of either party; repeated cruelty; conviction of felony or other infamous crime. Alimony allowed to wife pending petition.

INDIANA. For adultery; impotency; abandonment for two years; cruel and inhuman treatment; habitual drunkenness; failure of husband to make reasonable provision for his family for two years; conviction of an infamous crime.

Iowa. For adultery; desertion for two years; conviction of felony; habitual drunkenness; inhuman treatment; impotency; either party having husband or wife living at time of marriage; insane or idiotic at the time of marriage.

KANSAS. For former marriages; one year's abandonment; adultery; impotency; pregnancy of wife by other than her husband; extreme cruelty; fraudulent contract; habitual drunkenness; gross neglect of duty; conviction of felony. Divorce is no bar to future marriage.

KENTUCKY.-For impotency or malformation as prevents sexual Intercourse; living separate without cohabitation for five years; abandonment for one year; adultery; condemnation for felony; contracting loathsome disease; force or fraud in obtaining marriage; uniting with any religious society forbidding cohabitation; confirmed habits of drunkenness one year; inhuman treatment for six months; pregnancy of wife by other than her husband; adultery. Either party may marry again.

LOUISIANA. For habitual intemperance; excess; cruel treatment; adultery; infamous punishment.

MAINE. For desertion for three years; adultery; impotency. Alimony allowed pending her application.

MARYLAND.-For canonical causes of impediment existing before marriage; adultery; abandonment for three years; fornication by wife before marriage; vicious conduct, cruelty of treatment, abandonment and desertion. Alimony allowed when a divorce is decreed.

MASSACHUSETTS.-For adultery or impotency; uniting with any religious society that believes the relation of husband and wife unlawful; imprisonment for five years; desertion for three years; extreme cruelty; confirmed habits of intoxication; wanton refusal or neglect of husband to maintain wife. Alimony may be decreed to husband or wife.

MICHIGAN. For imprisonment for three years or for life; adultery; desertion; habitual drunkenness; extreme cruelty, and neglect to provide for his family.

MINNESOTA. For adultery; impotency; cruel and inhuman treatment; sentence of imprisonment; willful desertion for three years; habitual drunkenness.

MISSISSIPPI.-For adultery; impotency; sentence to the peni

tentiary; desertion for two years; habitual drunkenness; cruel and inhuman treatment.

MISSOURI. For impotency; husband or wife living at the time of marriage; absence for one year; felony or infamous crime; habitual drunkenness for one year; cruel treatment and gross indignities; vagrancy; convicted of felony before marriage; pregnancy by other than husband.

NEBRASKA. For adultery; abandonment for two years; habitual drunkard; impotency; imprisonment for three years; extreme cruelty; neglect to provide for family.

NEVADA. For impotency; adultery; desertion for two years; conviction of felony or infamous crime; habitual drunkenness; extreme cruelty; neglect of husband to provide for family for two years.

NEW HAMPSHIRE.-For impotency; adultery; conviction of crime with imprisonment for more than one year; treatment injuring health, or reason; absence of either party for three years, habitual drunkenness for three years; joining any religious sect that believes the relation of husband and wife unlawful, and refusal to cohabit for six months; wife gone to reside out of the State two years, without his consent; the husband having left the United States intending to become a citizen of another country, and not made provision for wife's support.

NEW JERSEY.-For desertion and neglect for three years; adultery; either party having husband or wife living at time of marriage.

NEW MEXICO. For abandonment, cruel and inhuman treatment, and adultery.

NEW YORK. For want of age or physical incapacity; former husband or wife living; idiocy, lunacy, consent obtained by force or fraud; adultery. Separations decreed for inhuman treatment, abandonment and neglect.

NORTH CAROLINA.-For adultery; impotency. Separation for abandonment; cruel or barbarous treatment; habitual drunken

ness.

OHIO.-For adultery; impotency; either party having husband or wife living; extreme cruelty; fraudulent contract; gross neglect of duty for three years; habitual drunkenness for three years; actual imprisonment in the penitentiary in any State.

OREGON. For impotency; adultery; conviction of felony; habitual drunkenness for two years; willful desertion for three years; cruel and inhuman treatment.

PENNSYLVANIA.-For incapacity of procreation; former marriage still subsisting; adultery; willful desertion for two years;

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