BSABBIAOX 693 MABSIAOX
ofvil oereiXKmy is roquired in Austria when both par- In Italy the consent of the parents or next of kin is
ties belong to no legally recognised Faith. There are required for men under twenty-five years of age and
similar provisions in Denmark, Norway and Sweden, for women under twenty-one years. Li case of r»-
Bulgaria, Finland, Croatia, Slavmiia, and Servia recog- f usal of consent, provision is made for an appeal to a
ni2e ihe religious ceremony alone. court. Foreigners desiring to marry in Italy must
In Japan a marriage code which became effective present a certificate from a competent authority that
in 1898, contains sections dealing with the laws of they have satisfied the requirements of the laws of
family and of succession. The form of ceremony is their own country. Foreigners ordtnarilv residing in
not regulated, but the marriaee itself is valid only Italy are subject to the requirements of the ItaUan
under certain conditions. The mws of countries other law. Military officials cannot marry without the
than the United States provide in a number of in- royal permission, which is not given unless they have
stances for the consent of parents or guardians after an assured income of about eight hundred dollars at
the parties have attained the age of twenty-one years, least, and have made a settlement for the benefit of
Thus in Austria parties between the age of fourteen the bride. Somewhat similar regulations are made
and twenty-four years are incapable of contracting a for lower officers and privates, in revenue service,
valid mamage without the consent of their father or, In the Netherlands the consent of parents is re-
if he be dead or incapable of acting, both of their guar- quired of an individual under thirty years of age. The
dian and of the court. Even for those who have at- marriageable age begins with men at eighteen and
tained the a^e of twenty-foiu*, but who for any reason women at sixteen. If both parents are dead or in-
are incapable of entering into a valid obligation, e. g. capacitated, an individual under twenty-one requires
if they have been legally declared spendthrifts, such the consent of a grandparent or, in default of agrand-
oonsent is necessary. In the case of minors of illegiti- parent, of a guardian and second guardian. Cheers
mate birth, the consent both of the guardian and of of the army and navy require the consent of the sov-
the coiurt is requisite. In general, persons in military ereign before they can marry, and no man between the
service cannot contract a valid marriage without the ages of eighteen and forty may marry unless he has
written permission of their superiors. A law of 1889 proved he has performed military service or has been
provides that a man shall not be permitted to marry excused from it.
before reaching the age of military service, or before In Switzerland the consent of parents is required of
leaving the third aj^e class, i. e., at the age of twenty- all persons under twenty years ofage. The consent of
three years. In France the man must be at least parents is required also in Belgiiun of all persons under
eighteen years of age and the woman fifteen to con- the age of twenty-five, the law being somewhat simi-
tract a valid marriage, unless the President of the Re- lar to that of France.
public grants a special disp^isation. By a law dated In Russia children must obtain the consent of their
25 June, 1907, parental consent is no longer required parents if living, without regard to their age, a man
for men and women over twenty-one years of age, but attaining the marriageable age at eighteen and a
both men and women under thirty must ask for it and woman at sixteen.
serve upon the dissenting parent or parents an instru- In D^imark the marriageable age is twenty for men
ment requesting it. The parties may marry three and sixteen for women, and consent of parents must
days after service has been made. Under the law be obtained by minors under the age of twenty-five.
grevious to that date, men under the age of twenty- In Sweden females under the age of twenty-one ro- ve and women under the age of twenty-one could not quire the consent of a marriage guardian, usually her marry without the consent of their parents, or the sur- ntther or brother or some other male relative. Men vivor if one of them was dead. require no parental consent. Men may marry at the In England the common law rule of fourteen for age of twenty-one or over, and women at l^e age of males and twelve for females governs the marriage seventeen or over.
age. Consent of parents is necessury for persons In Norway the marriageable age for men is twenty
under twenty-one, except for a widow or widower, and for women sixteen. ParentaTconsent is necessary
The proper person to give consent is the father or, if he for both parties under the age of eighteen,
be dead, the mother, if unmarried, or finally a guar- Parental consent appears to be necessaiy, under cer-
dian appointed by the Court. Soldiers must get the tain conditions, in all European coimtries where the
consent of their commander. Violation of these pro- parties are under the age of twenty-one and in many
visions does not, however, invalidate the marriage; where they are liable to militaiy serviee. In Japan
but in case of soldiers the woman is not recognized as the consent of parents or of the family council is essen-
having a military status. In Scotland the impedi- tial to the marriage of a man under thirty and of a
ments are the same as in England, but no consent of woman under twenty-five. The marriage laws of the
parents or guardian is required. Regular marriages different Canadian provinces are not uniform but are
are celebrated by some minister of religion in the pres- quite similar. The minimum age for marriage in the
enoe of at least two witnesses, after the publication of Province of Quebec is fourteen for males and twelve
banns or issuance of registrar's certificate. Irregular for females. Parental consent is necessary for any
marriages are clandestine marriages, celebrated with- one under twenty-one years of age. In Quebec alone
out publication of banns or notice to the registrar, of the Canadian Provinces ill^timate children are
Such marriages may be made by mere consent without legitimated by the marriage of their parents. The
a clergyman and are valid. In Ireland provisions laws of Australia and New ^aaland are based upon the
are made for marriages by Episcopalians, Catholics, English statutes and common law.
and Presbyterians, by ministers of other denomina- Bishop, Afarruv*. Divorce and Sepwniion (Chieago, 1891);
tions, and by the civil registrars. The impediments to ^^m. and Eng. Ene, of Lav, s. v. Marriaoe; Bouyzbs, Law IH>
marriage are substantiaUy the same as in England. ?SS?'^ !P^*^ ^S""^ of the Census Office (Washington. 1867-
T rr ^ ZT^ «"^ oc***^ «o 1** ^A^««uu. jgQg^ Pai,rt I), with a valuable summary of the mamage and
In tiermany a man may not marry, except m un- divorce laws of all modern States, from which the foregoing
usual cases, imder the age of twenty-one or a woman ^ets in relation to foreign countries have been derived,
under the age of sixteen. A le^tunate child under Walter George SMrrn. the age of twenty-one must obtam the consent of the
father or, if he be dead, of the mother- an illegitimate Maiiiage, Hibtort of. — The word marriage may
child, the consent of the mother; an adopted child, the be taken to denote the action, contract, formiUity, or
consent of the foster parent. Military men, public ceremony by which the conjugal union is formed, or
officials, and forei^ers, before marriage, must obtain a the union itself as an enduring condition. In thiB
snecial permit, and militaiy men in active service must article we deal for the most part with marriage as •
also obtain the consent of their officers. condition, and with its moral and social aspects. It is