Page:United States Statutes at Large Volume 47 Part 1.djvu/1165

This page needs to be proofread.

72d C ONGRESS . SESS. II . CH. 128 . FEBRUARY 27, 1933 . SEC. 129. SUPPORT OF wrvt .-If the husb and neglects to make a dequat e pro vision for the su pport o f his w ife, excep t in the cases mentioned in section 130, any other person may, in good faith, supply her with articles necessary for her support, and recover the reasonable value thereof from the husband . SEC. 130. HUSBAND NOT LIABLE WHEN ABANDONED BY WIFE .-.A_ husb and abandoned by his wife is not liable for her support until she offers to return, unless she was justified, by his misconduct, in abandoning him ; nor is he liable for her support when she is living separa te fro m him , by a greem ent, u nless such support is stipulated in the agreement . SEC . 131 . WHEN WIFE MUS T SUPPORT HUSBAND

The

wife must support the husband when he has not deserted her, out of her sep- arate proper ty, w hen he has no sep arate prope rty, and th ere i s no community property, and he is unable, from infirmity, to support himself. 'So in original . 1141 Support of wife, lia- bili ty for . When wife abandons husband : When wife must sup- port husband. Cro ss REFEm+wos Mutual obligations of supportL see section 110 .

Ante, p .1188. SEC. 13 2. RIGHTS OF H USB AND AND W E GOVERNED BY WHAT.-The Property rights of property rights of husband and wife are governed by this chapter, husband and wife . unless there is a marriage settlement containing stipulations contrary thereto. SEC . 133 . MAR RIA GE SET TLE ME NT CONTRACTS, HOW E%ECU'i'ED.-All Marriage settlement contracts for marriage settlements must be in writing ; subscribed by contrasts, the party to be charged or by his agent thereunto authorized in writing ; and acknowledged or proved in the manner prescribed in chapter 22 of this code . SEC. 134. MIN ORS MAY MAK E MA RRI AGE SETTLEMENTS .-A minor Minors may make. ca pa bl e of cont ractin g mar riage may m ake a valid marri age s ettle- ment. CHAPTER 7 .-CHILDREN BY BIRTH SEC TION 135 . LEG ITIMACY OF ISSUE OF W IF E COHABITING WI TH HUS- BAND .-The issue of a wife cohabiting with her husband, who is not impotent, is indisputably presumed to be legitimate. SEC. 136 . LEGITIMACY OF CHILDREN BORN IN WEDLOCK .-All children born in wedlock are presumed to be legitimate . SEC. 137 . LEGITIMACY OF CHILDREN BORN AFTER DISSOLUTION OF MARRIAGE.-All children of a woman who has bee n m arri ed, born within ten months after the dissolution of the mar riage, are presumed to be legitimate children of that marriage . SEC. 138. WHO MAY DISPUTE THE LEGITIMACY OF A crnLD .-The pre - sumption of legitimacy can be disputed only by the hu,Laud or wife, or the desce ndant of one or both of them . Illegitimacy, in such case, may be proved like any other fact . SEC . 139 . WHEN CHILD BECOMES LEGITIMATE.-A child born before wedlock becomes legitimate by the subequent' m ri: e of its parents. CHI LDR EN BY BIRTH . Legiti macy . Children born in wedlock . Children born after dissolution of marriage . who may dispute leg,timacy . Legitimation by mar- riage I Cross RI NEIR BNCE S Father legitimating child by acknowledging it, see section 164. Illegitimates, heirs to whom, see section 403 . Legitimacy of children of nullified marriage, see section 43 . Legitimating children by marriage of parents, see section 139 . Mother entitled to custody of i llegitimate u nmarried min or, see sect ion 144 . Mother succeeds to estat e of ille gitimate, see sect ion 404 . Rebutting presumption of legitimacy, see section 138 . Past, p.1145. Post, p . 1179. Ante, p . 1129. Pose, p . 1142. Post, p. 1180 .