The Law of the Land. "Most certainly the prisoner should not be per mitted to evade punishment by showing that he deceived his victim, not only as to his capacity to contract, but also as to the character of the indi vidual called in to attest the contract; that he in duced the female to believe that their union had the sanction of the Church as well as the binding force of an enduring civil contract."
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It would seem, however, that there is a practical opening to justice in the matter out of presumptions. It is very well settled that such an irregular marriage is presumptively valid; the celebrant is deemed prima facie duly authorized. (Patterson v. Gaines, 6 How. 550). The deceived wife may there fore safely rest upon this presumption, for no court will allow the husband to re but the presumption by bare proof of his fraud. Thus one technicality is offset by another to attain justice, and that is the best use to which technicalities can ever be put.
Still, although the defendant may be pun ishable for his deceit, the question recurs whether the marriage itself would have been valid at common law; whether, although es topped on the criminal side, he is also es topped on the civil side.
THE LAW OF THE LAND. III. SOMETHING ABOUT THE MAKING OF WILLS. By Wm. Arch. McClean. IT has been said of old, " For we brought nothing into this world, and it is certain we can carry nothing out." One would sup pose that this had never been said before, except in a secret session, to judge from the records of decedents' estates. The saying is so commonplace true that humanity only half appreciates it, thereby having a pe culiar significance to the legal profession. Poor mortal worries a whole life to gather together something, rises early and retires late in the pursuit, adds and multiplies. When the end comes, he realizes faintly that he cannot smuggle any of his hoard into that other bourn, and a lawyer is summoned to advise, perchance, some technicality to evade the inevitable. If the attorney arrives in time, a last will and testament is apt to be the result. If he is too late, poor mortal has died intestate, according to the law of his domicile. In either event the lawyer is generally a necessity. After faithfully mak ing the estate as large as possible, directing the minute details to prepare the estate for
distribution, and finally after the net bajance under his superintendence has been divided as directed by the will or according to law., he reaps his reward by having the funny man insinuate that the estate has been duly divided between the lawyer and the heirs. It has been observed that of the number of persons who annually die seized of an es tate, one half or more succeed in dictating who shall spend that which they have saved by leaving a last will and testament. As the proportion of testates is so large, certain hints about the making of wills that have stood the scrutiny of courts may be appro priately suggested. When you have made up your mind to make a will, don't let it be an instrument that shall take effect at once, or your will may be construed to be a gift. Don't post pone, on the other hand, the operation of your will for half a century or more after your death, or your will may be no will on account of laws against perpetuities. When you wish to make a will that will be a will
