Smith, at the time of the dato of said deed, resided in the said town of in said county, and has been dead about four years, that his name, subscribed as a witness to said deed, is in the proper hand-writing of the said James Smith, deceased. And the said John Doe further deposes, that at the time of the date of said deed, he was, and for several years had been, ac quainted with one Stephen Jones, a shoemaker, who then resided in the said town of and in the neighborhood of the said grantor; that the said Jones died, at the said town of eforesaid, about the year 18—, and since the date of said deed; that deponent was not acquainted with the hand-writing of the said Jones; that he has never known or heard of any other person of the name of Stephen Jones, and that he cannot say in whose handwriting the name last mentioned is subscribed to the said deed. And I certify, that the deposition aforesaid, of the said John Doe is to me satisfactory evidence of the death of all the witnesses to the said deed, and of the hand-writing of James Smith, one of the said witnesses, and of the hand-writing of the said A. B., the grantor. W. G., Supreme Court Commissioner Satisfaction of a Judgment in the Supreme Court. in the year SATISFACTION is acknowledged between A. B., plaintiff, and C. D., defendant, of a plea of trespass on the case, for, damages and costs, (or a plea of debt for A. B. of debt and costs.) Judg ment docketed the day of — in the year Subscribed and acknowledged before me, this in the year —, by A. B., who is known to me, (or who is made kuown to me by competent proof.) day of E. F., Commissioner for Deeds of Oneida County. Satisfaction of a Justice's Judgment, of which a Transcript is filed in the County Clerk's Office. A. B., Plaintiff, vs. C. D., Defendant. ONEIDA, CLERK'S OFFICE. JUDGMENT rendered in favor of the plaintiff against defendant, before A. R., Esq., a Justice of the Peace, of said county, for dollars and cents damages and costs. Transcript filed and judgment docketed the the year day of, in Satisfaction of the above mentioned judgment is hereby_ae knowledged. A. B. Subscribed and acknowledged before me, this day of in the year - by A. B., to me known, (or to me made known by competent proof.) E. F., Commissioner of Deeds of said County. Application for a Subpoena to compel a Subscribing Witness to attend before an Officer to prove the Execution of a Conveyance. Kings County, ss. J. S., of the town of Poughkeepsie, in said county. being sworn saith, that he is the grantee (or the heir, or the personal representa tive of the grantee,) in a conveyance of land made by G. II., to the said J. S., dated the day of; that L. M., residing in the said town of Poughkeepsie, in said county, is a witness to the said conveyance, which cannot be proved without his evidence; and that he refuses to appear and testify, touching the execution thereof. And the said J. S. applies to S. T., one of the Judges of the County Court, of said county, for a subpoena, requiring the said witness to appear and testify in relation thereto. J S. Sworn the day of before me. Subpœna. To L. M., of the town of in the county of—. o'clock in the on IN the name of the People of the State of New-York, you are hereby commanded and required to appear before me, at my office (or dwelling-house), in the town of ―, in the county of the day of instant, at - noon, then and there to testify, touching the execution of a conveyance of land from G. H. to the said J. S., to which, it appears by his appli cation to me under oath, that you are a witness, and that you have refused to appear and testify touching the execution thereof. Fail not in your obedience to this subpoena, at your peril. Given under my hand and seal, this - day of in the year S. T, one of the Judges of the County Court of Kings County MARRIAGE AND DIVORCE. MARRIAGE, throughout the United States, is simply a ciri contract, and may be entered into by any two persons, with the exceptions mentioned below: WHAT CONSTITUTES A MARRIAGE.-The basis of a marriage is the mutual consent of the parties, followed by cohabitation. It is, therefore, complete on the declaration of the parties, in the presence of one or more witnesses, that they take each other to be man and wife, or words to that effect, and consequent cohabitation. WHO CANNOT FORM A LEGAL MARRIAGE.-Idiots, lunatics, persons of unsound mind, persons related by consanguinity or affinity within the degrees prohibited by law, infants under the age of consent (which, in Ohio, is 18 for males and 14 for females; in Massachusetts, 17 for males and 14 for females; and in all the rest, 14 for males and 12 for females), and persons already married and not legally divorced, are incompetent to form a valid marriage. WHO MAY LEGALLY MARRY.-Any two persons not prevented by any of the reasons above stated. CEREMONY.-No particular ceremony is requisite, nor is it required that the marriage should be performed by any particular person. It is, however, most usually performed by a clergyman or magistrate, and in some of the States it must be performed by them. In Connecticut it is necessary to record a notice of the intent to marry with the Town Clerk or Register of the town where the parties reside, for, at least, three weeks; in Maine the same notice must be recorded five days; and, at the expiration of that time, if no objections are made, the Town Clerk or Register gives a certificate to that effect, and a clergyman or magistrate can then marry them. In Massachusetts, the parties must previously obtain from the same officer a certificate of their respective names, occupations, ages, births and places of residence-on receipt of which any clergyman or magistrate can marry them. VALIDITY OF A MARRIAGE.-The validity of a marriage is determined by the lex loci contractus, or the law of the place where it is contracted. If valid there, it is valid everywhere-the only exceptions being marriages forbidden by the public law of a country from motives of policy, such as polygamy, incest, etc. Divorce. A divorce is the dissolution of the bond of matrimony, or the separation of husband and wife, by the judgment of a Court having jurisdiction thereof, or by an act of the Legislature. In Alabama, a decree of divorce must be sanctioned by two-thirds of the Legislature; and in Maryland all divorces are granted by the Legislature, on the report of a judge of Court. In all the others they are made by authorized Courts. GROUNDS OF DIVORCE IN THE DIFFERENT STATES.-Divorces are of two kinds-a vinculo matrimonii (being a dissolution of the marriage tie), and a mensa et thoro (from bed and board). A divorce from bed and board is granted in the following States, on the following grounds: In Delaware, Maine, Maryland, Massachusetts, New York, Kentucky, North Carolina and South Carolina, for abandonment, wilful desertion or utter desertion; in Alabama, Connecticut, Delaware, Maine, Massachusetts, New Jersey, Kentucky, North Carolina, South Carolina and New York, for cruelty; in Georgia, Kentucky, North Carolina and South Carolina, for habitual drunkenness; in Kentucky, North Carolina and South Carolina, for gross personal indignities; in Connecticut, for same, rendering life burdensome; in Maine, Massachusetts and New Jersey, Kentucky, for neglect to provide suitably for wife; in Georgia, for incompatibility of temper, or any cause deemed sufficient by the Court; in North Carolina, for extravagance of the husband, such as impoverishes the family; and in Wisconsin and New York, when the conduct of either party renders it unsafe for the other to cohabit with him or her. A divorce from the bonds of matrimony is granted in the following States, on the following grounds. In all the States and Territories (except Utah) it is granted for adultery. In the former Slave States it is granted for marriages between a white and negro or mulatto. In all the States (except Alabama, Connecticut, New Jersey, New York and Vermont) it is granted for impotency. In most of the States and Territories (except Utah) the folLowing are grounds on which to grant it: All marriages within the forbidden degrees; those effected by force or fraud; where either party is already married; where either party was, at the time of the marriage, under the age of consent; where either party, at the time of the marriage, was of unsound mind or an idiot. In some, however, among which is New York, a decree, declaring null and void the marriage contract, is granted instead. In Arkansas, Florida, Indiana, Iowa, Minnesota, Oregon and Wisconsin, it is granted for abandonment and willful desertion for one year; in Illinois, Kentucky, Missouri, Pennsylvania and Tennessee, for the same for two years; in California, Connecticut, Georgia, Mississippi, New Hampshire, Ohio, Texas and Vermont, for the same for three years; in Louisiana, Michigan, New Jersey and Rhode Island, for the same for five years. Conviction of an infamous crime is ground for such a divorce in Arkansas, Illinois, Indiana, Iowa, Louisiana, Minnesota, Missouri, New Hampshire, Ohio, Oregon and Tennessee. Imprisonment for two years is sufficient cause in California and Georgia; for three years in Michigan, Vermont and Wisconsin; and for seven years in Massachusetts and Virginia. Extreme cruelty is ground for such a divorce in New Hampshire, Maryland, Rhode Island, Pennsylvania, Georgia, Kentucky, Tennessec, Ohio, Louisiana, Indiana, Illinois, Missouri, Arkansas, Michigan, Florida, Texas, Iowa, Wisconsin, California, Minnesota and Oregon. In Florida, it must have continued, at least, one year, and includes habitual indulgence of violent and ungovernable temper; in Illinois, at least, two years. In Arkansas, Florida, Indiana, Iowa, Louisiana, Minnesota, Rhode Island and Wisconsin, it is granted on the ground of habitual drunkenness for one year; in Illinois and Missouri, the same for two years; in New Hampshire, the same for three years; and in Oregon, if contracted since marriage. In Arkansas, Missouri, Oregon, Pennsylvania and Texas, it is granted for personal indignities, outrages and excesses which render life burdensome; in Indiana, Michigan, Rhode Island and Vermont, for refusal or neglect of the husband to provide for the wife; in California and New Hampshire, for the same for three years; in Oregon, the same for one year; in Ohio and Rhode Island, for gross neglect of duty or misbehaviour; in Missouri and Pennsylvania, for endangering or attempting the life of the complainant; in Georgia, for pregnancy of wife at time of marriage without husband's knowledge; in Tennessee, for same, if wife is white, of a black child; in Connecticut, where either party has been unheard of for seven years; in Vermont, the same for some years; in Missouri, for vagrancy on the part of the husband; in Indiana, for any cause the Court may deem sufficient; in Iowa, when it is evident the partics cannot live in peace and happiness together; and in New Hampshire, where either party joins a sect, believing the relation of husband and wife unlawful, and refuses to cohabit with the other for three years. In New York, the imprisonment for life of either party renders them civilly dead, and leaves the other at liberty to marry again. In a divorce on the ground of adultery, the guilty party cannot marry again during the life of the other; but the innocent party is free to marry again at any time. Custody of Children. The custody of the children of a marriage, during the pending of a proceeding for divorce, and subsequently, will be granted, |