Commentaries On The Law Of Marriage And Divorce PDF Download

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ... into a mere local robber of rights upon the great highway of life. Therefore, though there are many governments, since marriage is common to all, pertaining to the one law which pervades all nations, the result ought not to be different. And where there is a departure from this condition of things, it is through the fault of one or the other of the two powers between whose laws the conflict exists. Where the statutes are in unyielding terms, not admitting of construction, the blame lies upon the legislature; where they are not, it is upon the courts.5 Hence, --1 26 Geo. 2, c. 33. This statute, alter Brook v. Brook, 3 Smale & G. 481; s. o. making certain regulations, the non-com-on appeal, 9 H. L. Cas. 193. pliance with most of which renders the a Harford v. Morris, supra; 1 Burge marriage void, adds, in 18, " That noth-Col. & For. Laws, 192. ing in this act contained shall extend to See the cases cited in the note to the that part of Great Britain called Scot-last, and particularly Compton v. Bearland, ... nor to any marriages solem-croft; Story Conn. Laws, 123 a. nized beyond the seas." The present Eng-4 1 Burge Col. & For. Laws, 188, 199. lish marriage act differs from this in the 8 Ante, 350, 2d prop, respect now under consideration. See 358. Adjudications to avoid Conflict.--The adjudications in each country should be such as, if followed in all, would result in no conflict. Now, from the principle that it is for each government to control all persons and things within its territorial limits,1 it results that no government can require or expect another to adopt its peculiar internal policy when regulating the institution of marriage for its own people within its own territory....