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THE LAW OF HUSBAND

AND WIFE

(PART 1)

INTRODUCTION

THE MARRIAGE RELATION

DEFINITIONS

1. Marriage. -The term marriage, as used in the sense denoting relation, is the civil status of a man and a woman lawfully united in the relation of husband and wife; the state or condition of being married; wedlock. Regarded as the act of marrying, or the joining in wedlock, it means the solemnization of the ceremony which creates the legal union of a man with a woman.

"The expression 'agreement of marriage,'" as explained by an authority, "denotes either a contract between parties to solemnize together a marriage at a future time, or the solemnization itself. The term contract to marry never points to an actual, executed marriage, but a 'contract of marriage' often does . . . Marriage, as distinguished from the agreement to marry and from the act of becoming married, is a civil status of one man and one woman legally united for life, with the rights and duties which, for the establishment of families and the multiplication and education of the species, are, or from time to time may thereafter be, assigned by the law to matrimony."

1 Bish. Mar. & D., Vol. 1, Secs. 9, 11.

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