rty to such marriage is
exempt from the _penalty_, yet if the former wife or husband is living,
though the fact is unknown, and no divorce has been duly announced, or
the first marriage has not been duly annulled; the second marriage is
void. Where there is no statute regulation, the common law governs,
which is, that nothing but death, or a decree of a competent court, can
dissolve the marriage tie.

Sec.5. The manner in which marriages are to be solemnized, and by whom, and
the manner in which marriage licenses are to be obtained, or notices of
marriage published, (which are required in some states,) are prescribed
by the laws of the states in which such regulations exist. Marriages may
usually be solemnized by ministers of the gospel, judges, justices of
the peace, and certain other officers. But by the common law, a marriage
is rendered valid by a simple consent of the parties declared before
witnesses, or subsequently acknowledged; or such consent may be inferred
from continual cohabitation and reputation as husband and wife.

Sec.6. In law, the husband and wife are regarded as one person. By the
common law, the husband, by marriage, acquires a right to the property
of the wife which she had before marriage, and which she may acquire
after marriage. To her personal property, including debts due her by
bond, note, or otherwise, he has an absolute right, and may use and
dispose of the same as he pleases. Her chattels real, however, which are
leases of land for years, though personal property, he can not dispose
of by will; and if he makes no disposition of them during his life time,
and she outlives him, she takes them in her own right. If he survives
his wife, he acquires an absolute right to them.

Sec.7. But to the real estate of the wife, the husband does not acquire an
absolute right. He has only a right to the use, rents, and profits
thereof during his life, if he shall die before his wife; and in that
event she takes the estate again in her own right. If the wife dies
first, and there are no children, her heirs immediately take the estate.
If there are children living, the husband holds the estate for life, and
on his death it goes to the wife or her heirs.

Sec.8. But this rule of the common law which gives to the husband the
possession and disposal of the property of the wife, has been repealed
by special enactments in most of the states. By these state laws, the
real and personal property of the wife own