« ՆախորդըՇարունակել »
15. There is another kind of insurance compuies, which are becoming very general, called mutual insurame companies. They are so called, because the members unite in insuring each other. Every person having his property insured by such a company, is a member of it. He has his buildings and the property in them valued ; and he pays a fixed sum per cent. on such valuation. A fund is thus raised, out of which any member suffering loss by fire is paid the value of the property lost. Whenever the fund is exhausted, a tax is assessed upon the members in proportion to the value of each one's property insured, in order to replenish the fund.
Of the Domestic Relations.—Of Marriage, and the Relation
of Husband and Wife; Parent and Child; Guardian and Ward.
1. The marriage relation is a most important one. By improper marriages many persons are rendered unhappy for life ; and sometimes the peace of whole families is destroyed. Some law, therefore, is necessary to prevent such marriages, as far as possible, by declaring what kinds of marriages may, and what kinds may not be contracted.
2. To make a marriage contract binding, several things are necessary: (1.) Persons must have sufficient understanding to transact the common business of life : hence lunatics and idiots cannot bind themselves in marriage. (2.) The parties must not be nearer of kin than first cousins. (3.) They must be of sufficient age. By the common law, males must be fourteen, and females twelve years. But by the laws of this state, the age of males is fixed at eighteen, and that of females at fourteen years. a company judge what rate of insurance to charge ? 15. What is the nature of a mutual insurance company? How are its funds raised and applied ? How is the fund replenished ?
2. Can idiots' and lunatics contract marriage? How near relatives may not marry each other? What age is necessary? What is said of
(4.) Persons must act freely. If the consent of either party has been obtained by force or fraud, the marriage may be declared void. Persons under age must obtain consent of their father; or if he is dead or incapable, then of their mother or guardian.
3. A person having a wife or husband living, cannot lawfully contract a second marriage, except when the for. mer wife or husband has been sentenced to imprisonment for life ; or has been absent for five years together, and the party remarrying not knowing that the absent party was living within that time; or when the former marriage has been lawfully dissolved.
4. Marriages may be solemnized, that is, the marriage ceremony may be administered, by ministers of the gospel who have been duly licensed by the court for that purpose; by a justice of the peace in his county; or by religious so cieties agreeably to their rules.
5. Persons desiring to marry, must either obtain a license from the clerk of the court of common pleas, who must ascer. tain whether there is any legal impediment to the marriage, before giving license; or, instead of obtaining license, notice of the intended marriage must be published on two different days of public worship, the first at least ten days before marriage, in the county in which the female resides.
6. The minister or justice who solemnizes the marriage, must be duly informed and satisfied, that the requirements of the law have been complied with, before he joins the parties in marriage ; and he is required to send, within three months, a certificate of the marriage to the clerk of the court of common pleas to be recorded.
7. By marriage the husband and wife become, in law, one person.
The husband acquires a right to the property of the wife which she had before marriage. * He has a right to the use of her property in lands, or real estate, during his lifetime, and is entitled to the rents and profits thereof;
a forced or fraudulent marriage ? 3. In what cases may a person marry a second time while the former wife or husband living? 4. Who may solemnize marriages? 5. By whom are licenses to marry granted? Instead of getting license, what course must be taken? 6. What is roquired of the minister or justice? 7. What right to a wife's
but he cannot dispose of the property unless she joins with him in the deed. But her chattels real, which are leases of land for years, and all her other personal estate, including debts due her by bond, note, or otherwise, when collected by him, become his; and he may dispose of them as he pleases.
8. As the husband acquires, by marriage, an interest in his wife's property, so he is obliged to pay her debts contracted before marriage : but if they are not recovered of the husband during the time he is united to her in marriage, he is no longer answerable for her debts.
9. It is the duty of the husband to maintain his wife ; and he is bound to pay debts which she may contract for necessaries, but for nothing more. And it seems to be the law, that even if he forbids all persons to trust her, she can bind him for necessaries, if they have become separate through fault on his part. If they part by consent, and he secures to her a separate maintenance, and pays it according to agreement, he is not answerable even for necessaries.
10. The husband and wife cannot be witnesses for or against each other in a court of justice; but any declarations which a wife makes when acting as the agent of her husband, may be taken as evidence against him.
11. Parent and child. It is the natural and reasonable duty of parents to maintain and educate their children until they become of suitable age to provide for themselves. The age at which the obligations of parents, as guardians of their children, end, is in this country twenty-one years ; when children are at liberty, and have power to make contracts for themselves. In this state, however, females are deemed of full age at eighteen. The age at which the control of parents over children ceases, children are said to be of age, or to have arrived at the age of majority. Hence, under that age, they are in law called infants, or minors, and are said to be in a state of minority.
12. As parents are bound to support their minor children, they have a right to their labor; and they may recover the
property does a husband acquire by marriage? 8. How far is he liable for her debts ? 9. How far is he bound by her contracts ? 10. Can a husband and wife be mutual witnesses ? 11. When do children become of age? 12. Can children dispose of their own labor? How far
money for the wages of their children, from any person unploying them without their parents' consent. A parent
A is not bound to pay even for necessaries sold to a child, unless the child had authority from the parent, or unless the palent neglected to provide for the child, or forced him from home by severe usage. And when a child is obliged to support himself, he is entitled to his own earnings.
13. A second husband is not bound to support the chil. dren of his wife by a former husband. If, however, he receives such children into his family, he is liable to support them as his own.
14. If a father dies before the child is of age, and does not, by will, appoint a guardian, the mother becomes the guardian of the child, until he arrives at the age of fourteen years, when he may choose a guardian for himself. If ihere is neither father nor mother, the court appoints a guardian.
15. Guardian and ward. The father is the natural guardian of a child, and after his death, the mother. But a father may, by his deed, or last will, appoint a person to take care of a minor child and his property. Such person is then guardian, and the child is called ward. If the father does not by will appoint a guardian, the court of common pleas may appoint one, and on good cause being shown, may authorize the guardian to dispose of the property of the minor child.
16. Males above fourteen, and females above twelve years, or those for whom the court has appointed guardians, when they shall have arrived at those ages, may choose for themselves guardians, such as the court shall approve. If they do not come before the court and choose guardians, after having been notified by the court to do so, the court appoints guardians. Guardians may bind out children un. der the ages mentioned, males until they are twenty-one,
are parents liable for children's contracts ? 13. What is said of second husband's obligation to his wife's children? 14. If a father dies, who is guardian of his children? 15. Who is the child's natural guardian? If å father does not, by will, appoint a guardian, who does? 16. At what ages may children choose guardians ? In what case does the court appoint guardians? Until what ages may children be bound ?
and females until they are eighteen ; provided the persons to whom they are bound, and the terms of the covenant, shall be approved by the court.
Minors ; Masters, Apprentices, and Servants. 1. Minors. The statutes of Ohio do not declare how far minors may bind themselves by contract or agreement. In such case, the common law must determine. In general, a minor is not bound by a bargain which he may make; but if he agrees, after becoming of age, to fulfil a contract which he made while a minor, he must do so. And if he has no father or other guardian, he is bound to pay for articles actually necessary for him. But the person who trusts him must make inquiry; and if the minor has been properly supplied by his friends, the person trusting him cannot re. cover; nor can he in any case recover more than the actual value of the goods sold to the minor.
2. But minors are responsible for the payment of fines; and they may be prosecuted and tried for acts of fraud and crime. It is not easy, however, to determine, from the poractice of courts of law, in what particular cases a minor is or is not accountable for fraudulent acts. His age, and the circumstances in which he was placed, might be such as to free him from obligation ; but an act of gross and palpable fraud, committed by an infant who has arrived at ihe age of discretion, would bind him to a contract.
3. Masters, apprentices, and scrvants. their own free will, bind themselves, in writing, to serve as apprentices or servants, in any trade or employment; inales, until the age of twenty-one, and females, until the age of eighteen, or for a shorter time. A minor thus binding himself must have the consent of the father; or if the father is dead, or disqualified by law, or neglects to provide
1. Are minors bound by their bargains ? In no case? 2. Are they liable for fines? How in case of fraud or crime? 3. May minors lipdi
Minors may, of