tionship of husband and wife, with its entire duties and responsibilities as defined by law. Read 1 Bl. Comm., pp. 434-439. 2 Kent Comm., Lect. xxvi, pp. 75–86. 2 Pars. Cont., B. iii, Ch. x, Sec. 4, pp. 81–83. Schouler Dom. Rel., pp. 26-38. 1 Bish. Mar. and Div., B. i, Ch. i, §§ 2, 3; B. iii, Ch. viii, ix, xvi, xviii, xix, Walker Am. Law, § 102. XX. § 187. Of the Form of the Contract of Marriage. To the actual contract no specific form is made necessary by the common law. Both parties must freely consent thereto, and must express that consent per verba de presenti, or by words which denote an actual and present acceptance of each other as husband and wife. Public policy, however, requires that some fixed mode of celebrating marriages should be observed, and the several States have, therefore, provided by statute for the form in which the contract should be made. Read 1 Bl. Comm., pp. 439, 440. 2 Kent Comm., Lect. xxvi, pp. 86-93. 2 Pars. Cont., B. iii, Ch. x, Sec. 4, pp. 74-81. 1 Bish. Mar. and Div., B. iii, Ch. xi, xii, xiii, xiv. § 188. Of Divorce. The relation of husband and wife can be dissolved either by death or by divorce. The death of either party puts an end to the relation, and leaves the survivor free to enter into another contract of marriage. The form of divorce known as divorce a vinculo has the same effect. Divorce a mensa et thoro is only a legal separation of the parties, leaving the relation itself intact. The methods and grounds of divorce, and its effect upon the mutual rights of property of the husband and wife, are matters generally regulated by statute. Read 1 Bl. Comm., pp. 440, 441. 2 Kent Comm., Lect. xxvii, pp. 95-118, 125-128. 1 Bish. Mar. and Div., B. i, Ch. ii. § 189. Of the Merger of the Legal Existence of the Wife in that of the Husband. By marriage the husband and wife become one person at law, and, for most purposes, her legal existence and authority are merged in his. No contracts can be made between them without the intervention of trustees, and the contracts, which subsisted between them prior to the marriage, are dissolved. The wife cannot bind herself by any contract made without her husband's consent, nor can she sue, or be sued, separately and apart from him. The husband is responsible for all debts due from the wife at the time of the marriage, and for all the torts and frauds committed by her during coverture. Any invasion of her right of personal security, or personal liberty, is an injury to him, for which he is entitled to redress in a suit at law; and her private property, as we have already seen, vests in him either absolutely or temporarily, according to its nature or the mode in which he deals therewith. Courts of equity, however, recognize, to some extent, the separate legal existence of the wife, and regard as valid the exercise by her of powers which at law she does not possess. The statutes of different States have also changed, in many respects, the liability of the husband for the debts and torts of the wife, as well as his interest in and control over her estate. Read 1 Bl. Comm., pp. 442-444. 2 Kent Comm., Lect. xxviii, pp. 129, 143–146, 149– 181. 1 Pars. Cont., B. i, Ch. xviii, Sec. 1, 2, 4, 5. 173. Schouler Dom. Rel., pp. 62, 63, 69-75, 101-110, 187-239. § 190. Of the Rights of the Husband over the Wife. The rights of a husband, in and over his wife, are two: Obedience and Service. The husband has the legal control of the person of his wife, and may put moderate restraints upon her liberty, if her conduct be such as to require it. If he changes his domicil, it is her duty to follow him. If she elopes and abandons him without cause, he may compel her to return. But he has no right to chastise her or to use physical violence toward her, except so far as is necessary to prevent her from doing violence to himself or others. The services of the wife, and the result thereof, also belong to the husband, at common law; though in some States, by statute, he is entitled to the result of her services only as a trustee, and holds them for her use. Read 1 Bl. Comm., pp. 444, 445. 2 Kent Comm., Lect. xxviii, pp. 181, 182. § 191. Of the Duties of the Husband toward the Wife. The rights of the wife, in and from the husband, are also two: Protection and Support. Whatever he may lawfully do in his own defence he may do, and is naturally obliged to do, in defence of her. It is his duty to provide her with necessaries according to her station in life, and, if he refuses to do so, she may contract for them in his name, and he will be bound thereby. If he abandons her, or drives her from him, he leaves or sends his credit with her, and she may still contract debts for her necessaries in his name. This right will be forfeited by the wife if she elopes with an adulterer, or if she abandons her husband without cause and does not repent and offer to return to him. But the husband is not bound to support the wife out of his family, if he provides for her and treats her properly there; and, in all cases, persons supplying a wife with necessaries, without the consent of the husband, are bound to make inquiries, and, even after such inquiries, if they supply her they do it at their peril. Read 1 Bl. Comm., pp. 442, 443. 2 Kent Comm., Lect. xxviii, pp. 146–149. 1 Pars. Cont., B. i, Ch. xviii, Sec. 3. Reeve Dom. Rel., pp. 81-85. Schouler Dom. Rel., pp. 76-98. Walker Am. Law, § 104. CHAPTER XIV. OF THE RIGHTS ARISING FROM THE RELATION OF PARENT AND CHILD. § 192. Of Legitimate and Illegitimate Children. The reciprocal rights of parent and child depend, in the first instance, upon the character of the child, as legitimate or illegitimate. A child is legitimate when it is born during, or within the usual period of gestation after, the coverture of its mother, and is not the offspring of an adulterous intercourse. A child is illegitimate when it is not born during, or within a competent time after, the coverture of its mother, or is born during such coverture as the result of an adulterous intercourse. Read 1 Bl. Comm., pp. 446, 454-457. 2 Kent Comm., Lect. xxix, pp. 208–212. Schouler Dom. Rel., pp. 303-314. § 193. Of the Rights of Parents over Legitimate Children. The rights of parents, in and over their legitimate children, are two: Obedience and Services. The father has control of the person of his legitimate minor child, and may compel its obedience by any reasonable exercise of force, but has no right to abuse it, or to inflict any permanent injury upon it. The same rule applies to schoolmasters, and all those who stand in loco parentis. The father is also entitled to the services of his legitimate minor child and to all the results thereof, and such results are subject |