e voidable, at the option of either of the parties,
as being in restraint of matrimony. If no time is fixed and agreed
upon for the performance of the contract, it is in contemplation of
law _a contract to marry within a reasonable period after request._"
1565. Call or Refusal.
"Either of the Parties, therefore, after the making of such a
contract, may call upon the other to fulfil the engagement; and in
case of a refusal, or a neglect so to do on the part of the latter
within a reasonable time after the request made, the party so
calling upon the other for a fulfilment of the engagement may treat
the betrothment as at end, and bring an action for damages for a
breach of the engagement. If both parties lie by for an unreasonable
period, and neither renew the contract from time to time by their
conduct or actions, nor call upon one another to carry it into
execution, the engagement will be deemed to be abandoned by mutual
consent, and the parties will be free to marry whom they please."
1566. Roman Law.
"The Roman Law very properly considered the term of two years amply
sufficient for the duration of a betrothment; and if a man who had
engaged to marry a girl did not think fit to celebrate the nuptials
within two years from the date of the engagement, the girl was
released from the contract."
1567. Deed of Separation between a Man and his Wife.
This indenture, made the----day of----, in the year of our Lord
1864, between Charles B----, of----, of the first part, Anna R----
B----(the wife of the said Charles B----), of the second part, and
G----R----B----of the third part: Whereas the said Charles B----
and Anna R----, his wife, have, for good reasons, determined to live
separate and apart from each other, and on that consideration the
said Charles B----hath consented to allow unto the said Anna R----
B----a clear weekly payment or sum of----s., for her maintenance
and support during her life, in manner hereinafter contained: And
whereas the said G----R----B----hath agreed to become a party to
these presents, and to enter into the covenant hereinafter contained
on his part:
Now this indenture witnesseth, that in pursuance of the said
agreement, he, the said Charles B--, for himself, his heirs,
executors, and administrators, doth covenant, promise, and agree, to
a
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