lsewhere in the United States of one hundred and sixty
acres of land and has not previously obtained a federal homestead, is
entitled to a quarter section or less of the public land. Three things
are necessary: (1) An affidavit showing that the applicant comes
under the law; (2) a formal application; (3) payment of the land
office charges. When these things are done, the certificate of entry
is delivered to the applicant and the entry is made. Then the entryman
must actually reside on and cultivate the land for three years, and at
the end of that period, he is entitled to a patent. The lands thus
acquired are not liable for any debts contracted prior to the issuing
of the patent.

The head of a family can sell or mortgage his homestead, whether he is
solvent or not, nor can his creditors prevent its sale since they have
no rights therein. And if he sells his homestead and with the proceeds
buys another, the second is as fully protected from creditors as the
other.

From liability for most debts a homesteader is exempt, but not for
all. Generally the homestead is not exempt from taxes, but not
everywhere from fines for public offenses or liability on official
bonds. Debts contracted prior to the acquisition of the homestead and
pre-existing liens in most states are enforceable against the
homestead. So are debts contracted in improving or preserving the
homestead. These include materials furnished, also the wages of
clerks, servants, laborers and mechanics.

=Husband and Wife.=--The law, while regarding marriage as a contract,
adds something more, for it cannot be terminated by the will or
consent of the parties; a contract on the other hand in most cases can
be. To constitute a marriage there must be an agreement or mutual
assent by the parties. This agreement must be made freely, seriously
and not as a joke. False representations of health, wealth, etc., do
not invalidate the agreement, yet these may be grave enough to have
that effect. Consent may be obtained by deceit or compulsion so gross
as to justify a court in declaring that the parties were never legally
married. A person may be too defective mentally to give an intelligent
assent. A subsequent mental weakening would be no ground for annulling
a marriage. An Illinois court recently remarked, it is a harsh rule
that would permit a married man whose wife later in life became insane
to put her away on account of her misfortune. If one were so
intoxicated tha