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CONSOLIDATORS' NOTES TO TEXT OF DOMESTIC
RELATIONS LAW.

GENERAL NOTE.

Scope of Law.-Domestic Relations Law is the result of an examination of the various general statutes upon the subject of domestic relations from and including L. 1788, Ch. 15, and ending with the session of 1907.

Domestic Relations Law embraces provisions relating to marriages; husband and wife; custody and wages of children; guardians; adoption and apprentices and servants.

All live provisions of general statutes which relate to the subjects above defined have been consolidated herein, and all dead, inactive and obsolete general statutes pertaining to the subject matter are recommended for repeal by a schedule of repeals.

HISTORICAL NOTE.

Legislation on subjects coming within the term "domestic relations" as used herein began at an early date.

The first general statute relating to apprentices was L. 1788, Ch. 15, followed by L. 1801, Ch. 11.

Provision was made for the custody of children whose parents had separated by L. 1815, Ch. 221.

The next legislation on this subject was R. S., Pt. 2, Ch. 1, Tit. 1, and Ch. 8, Tits. 1, 3, 4.

By L. 1840, Ch. 80, a married woman was permitted to insure, or cause to be insured, the life of her husband for her own benefit.

L. 1845, Ch. 11, enables a married woman to receive a patent for her own invention pursuant to the laws of the United States and hold and enjoy the same.

A married woman, by L 1848, Ch. 200, was empowered to hold property for her sole and separate use as if she were a single female.

This was followed by legislation enlarging the rights of married women at each successive stage.

The first general statute authorizing the adoption of minor children was L. 1873, Ch. 830. Prior to this all adoptions were made or had by contract.

By L. 1880, Ch. 472, husband and wife holding any lands as tenants in common, joint tenants, or as tenants by entireties, were empowered to make partition or division of the same between themselves.

L. 1887, Ch. 537, permitted a husband and wife each to make transfer or

conveyance of real estate direct to each other without the intervention of a third party.

All illegitimate children whose parents should intermarry were to be considered as legitimate for all purposes by L. 1895, Ch. 531.

Most of the laws pertaining to this subject, then existing, were revised by L. 1896, Ch. 272, being chapter 48 of the general laws, and known as the Domestic Relations Law.

In the consolidation of this law an examination of upwards of one hundred general statutes, exclusive of the Revised Statutes, has been made.

In addition to the above, much time, care and attention was devoted to the examination of the Revised Statutes and the amendments thereto relating to the subjects contained in this law.

Former Section

Number

1 pt.

1 pt.

2

Showing distribution of sections of former Domestic Relations Law as now found in the Consolidated Domestic Relations Law.

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20, Article II 20, Article III

21

22

23

24

25

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TABLE.

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A.

New Section Former Section
f Number

Number

1

29

2

30

5

40

6

41

7

42

10

50

11

51

12

52

13 53

14

54

15

60

16

61

17

62

18

63

19

64

20 65

21 66

22

67

23 68

24 70

25 71

50

72

51 73

52

74

53 75

54 76

55 77

56

90

57 91

58

....

....

....

New Section
Number

...

59

60

70

71

72

80

81

82

83

84

110

111

112

113

114

115

116

117

118

120

121

122

123

124

125

126

127

140

141

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Showing the provisions of the Revised Statutes, Session Laws and Code of Civil Procedure which have been consolidated in the Domestic Relations Law.

Sections of Consol. Law

I § 49...

......

......

8

86

87

88

124 ...... 115

B.

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DOMESTIC RELATIONS LAW.

(L. 1909, CHAP. 19, BEING CHAP. 14 OF THE CONSOLIDATED LAWS. IN EFFECT FEB. 17, 1909.)

ARTICLE 1. Short title; definitions (§§ 1, 2).

2. Marriages (§§ 5-8).

3. Solemnization, proof and effect of marriage (88 10-25).
4. Certain rights and liabilities of husband and wife (§§ 50-60).

5. The custody and wages of children (§§ 70-72).

6. Guardians (§§ 80-88).

7. The adoption of children (88 110-118).

8. Apprentices and servants (§§ 120-127).

9. Laws repealed; when to take effect (88 140, 141).

ARTICLE 1.

SHORT TITLE; DEFINITIONS.

SECTION 1. Short title.

2. Definitions.

1. Short title.

This chapter shall be known as the "Domestic Relations Law." Derivation: Domestic Relations Law, § 1 pt.

2. Definitions.

A minor is a person under the age of twenty-one years. A minor reaches majority at that age.

Derivation: Domestic Relations Law, § 1 pt.

ARTICLE 2.

MARRIAGES.

SECTION 5. Incestuous and void marriages.

6. Void marriages.

7. Voidable marriages.

8. Marriage after divorce for adultery.

§ 5. Incestuous and void marriages.

A marriage is incestuous and void whether the relatives are legitimate or illegitimate between either:

1. An ancestor and a descendant;

2. A brother and sister of either the whole or the half blood;

3. An uncle and niece or an aunt and nephew.

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