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of adultery cannot thereby be proved, yet these tokens and presumptions are sufficient to dissolve the marriage.
“ VI. Marriage is likewise dissolved, when one of the married persons maliciously forsakes the other.
“ VII. Marriage may likewise be diffolved when one of the spouses conceives an irreconcileable enmity against the. other, and when one of the parties gives occasion for the enmity by abusing the other in a violent manner, by contracting the venereal disease, by attempting the life of the other, by committing crimes for which such spouses may be condemned to the wheel-barrow, to whipping, to death, to banishment, or to be branded with infamy, &c.
“ VIII. If one of the spouses becoming furious or fatuous, should continue in that state for several years, and for that reason the other petitioned for a dissolution of the marriage; especially if it were a woman, who on account of her commerce, or the state of her affairs, might have an indispensable need of a husband's affistance: but in this case, the judge shall take care that provision be made, above all things, for the maintenance of the fatuous person, &c.”
These regulations, with some few exceptions, appear to be no less wise than liberal. We are persuaded, that many of the crimes and disorders of this kingdom arise from the utter incapacity which all, except the rich, lie under, of dissolving a connexion, which is become insupportable to two persons, who mutually abhor cach other : and Laws, which are only calculated for the relief of the rich, are against the principles of a free government.
There is likewise an admirable provision in this Code, in favour of natural Right, which ordains, that " When the father's effects are confiscated, the Exchequer shall be bound to portion his daughter, in proportion to the fortune confircated, and according to the station of the bridegroom. And this, because the obligation of portioning the daughter is anmixed to the father's effects, and passes with them to the Exchequer."
How mụch more agreeable to the Law of Nature and Reason is this principle, than that of our Law in cases of Confifcation, which is equally repugnant to the natural claims of justice and freedom ! But this is not the only instance in whích this Code is much more just and liberal than ours. · In the article concerning the action which lies for the statute
portion, portion, that is, the surviving right to half the effects com. mon to the married parties, we find the following provisions.
“ This action usually cannot be intented till after the dirsolution of the inarriage. Here, however, are some cases, in which the portion in question may be exacted even during the marriage.
“ 1.) When the husband's effects happen to be confiscated, on account of a crime, and that even though it were for the crime of high treason.
“ 2.) When one of the spouses demands this portion, or a part of it, for the maintenance of a father or mother who have fallen into poverty.
“ 3.) When one of the spouses squanders their fortune, and when it is to be dreaded that there will remain nothing for this portion, in which case the other spouse has a right to require surety.”
Here we find that the law watches over the economy of individuals, co-operates with the tender feelings of filial affection, and saves the rights of innocence, even in cases of high treason. Nor is the Prussian Code less attentive to the moral duties; for it ordains, that “ When, after the distolution of marriage, a widow is irregular in her conduct, and suffers herself to be debauched, the husband's heirs may redemand the portion regulated by the statutes."
But what, above all, merits commendation in this Code, is the great attention by which it endeavours to secure the property, and provide for the education of Minors, &c. The father, both by virtue of the paternal power, and on account of the nearners of relation, is obliged to take upon himself the administration of the fortune which has fallen to his children.
“ In order to take upon himfelf this administration, the father needs not be confirmed by the judge. Nevertheless our will is, that, for greater safety and exactness, he shall notify, within fix weeks after the succession, &c. falls, that he has taken upon himself to administer it; and that, at the same time, he deliver to the judge a particular account of all the effects fallen to his children, which must be upon oath. If he neglect to do so, he shall be condemned in a fine of ten to twenty rix-dollars, and he may even, according to the circumstances, be deprived of the administration of the effects, *s well as of the usufruct. Neither is it our will that he be restored to that right, nor have any other remedy whatever against such judgment.
" The father, when he marries again, does not lose the administration of the fortune of his children; but he shall be supported in it, provided he have settled with them before he marry again.
“ If he marry again without settling with his children, họ shall not only be deprived of the administration and usufruct of their effects, but he shall be condemned in some penalty.
“ In case the father, whether he marry again or not, happen to diminish or squander the 'fortune of his children, or not to give them suitable maintenance, he should be bound to give surety, both for the security of their effects, and for that of their suitable maintenance; about which both the refations and the judge fhall be attentively watchful, and, if it be necessary, he fall regulate the sum proper to be laid out on their maintenance. If the father cannot give surety, or if bis behaviour be so visibly bad, that there is reason to fear he may squander their effects, the administration shall be taken from him, and even the care of the education of his children ; and both shall be intrusted by the judge to their nearest relations, or, according to circumstances, to strangers, who shall be thought capable of the charge. Neither is it our will that the remedy against such judgments should have any other effect than that of an appeal *, which does not hinder immediate execution of the sentence.
“ Moreover, the near relations, as well as the judge, thall be intitled to take care that the father shall give a suitable maintenance to his children ; and, in any case, the judge may determine a certain sum for that maintenance."
The Frederician Law does not only provide for the benefit of the Rich, but extends its views to the guardianship of the Poor. “ If it happen that pupils be without parents, and without effects, they shall not for that reason be without guardians; but the judge Mall take care, of his own accord, to appoint for them, and that within the space of four weeks at farthest, reckoning from the death of the father and mother, a guardian, who shall be charged with the care of their education, and to do all that is in his power to procure them å settlement; but he shall not be obliged to procure them • Quoad effectum devolativum.
maintenance out of his own money, the judge who has named him being to provide means for maintaining them."
“ If the pupils be poor, and have not effects sufficient to afford them education, the guardians shall not be obliged to afford it of their own; but they thall be bound to inform the judge of it, and to ask his advice concerning the method of providing for it: and in this case our will is, that the judge endeavour to get them received into hospitals, orphan-houses, &c. and that he bestow on them the care and attention which their fituation demands, so as he can be answerable for it before God, and before us.
« Guardians shall early send their pupils to school, and fhall take care that they go thither constantly, and do not leave it of their own accord; they shall take care that they be exercised and instructed at home in piety, in prayer, in the catechism, and especially in the frequent reading of the holy scriptures: they shall also take care that their pupils, when they shall arrive at the years of discretion, be received at the communion, and instructed to communicate worthily; and they shall further take care, that such as have been admitted to the communion do not neglect opportunities of receiving it.
“ When among the pupils there are found excellent geniuses, and when, in the examination of the schools, they fhall give ground to hope that they will fomne time make considerable progress in learning, our will is, that the guardians do not in any way diffuade them from applying to it, but that, on the contrary, they encourage them, and furnish the expence, if their fortune be sufficient: but if it be not fufficient, they shall apply to the magistrate to get his advice and orders what they are to do.
« When these orphans have attained to the proper age for going to the univerfities, they shall be sent to such as are settled in our dominions, and recommended to the professors, whom we ordain by these presents, to take particular care of their behaviour. 'Guardians also shall be obliged, as much 2$ poffible, to take care, that, under pretext of study, they do not give up themselves to idleness, and accufton themselves to an irregular course of life.”-If our Laws were equally attentiỹe to provide for the guardianship and education of infant poot, so many would not live to perifh by the hands of the executioner.
The remainder of this volume contains the Law with respect to matters of property, which also makes the subject of the second, and is of too dry a nature to afford entertainment to our Readers in general. We must, however, take notice of the following regulations in regard to making Wills.
“ We require, in the third place, in order to the validity of a solemn will, that it be made judicially, or presented in court. For, on account of the reasons alleged in the introduction to this second part, we have entirely abolished, by these presents, all private wills, which, till this time, were made before seven witnesses, mostly by ignorant notaries, or by ministers, by procurators, and by vagabonds unskilled in the law.
“ It is not necessary that the will be made before the teftator's ordinary judge: 'all judges, who have a voluntary jurisdi&tion, (voluntariam jurisdictionem), having a right to receive testamentary settlements from any person whatever.
“ There must be three members of court, at least, present at the making or presenting of wills.
“ In places where there are regencies, our will is, that two countellois be present at this act, with the protonotary, or secretary
“ And, in great towns, two members of the magistracy, who understand law, shall be prefent at this act, together with the fccretary, recorder, or clerk.'
“ With regard to little towns, where there are none but the burgomaster who understand law, they shall admit to this act a ferator of learning, if there be any, together with the secretary of the town, or the recorder. But if the burgomafter do not understand the law, and there be no judge thercabouts, the burgomatter shall admit a notary jointly with che fecretary of the town.”
These provisions are extremely well calculated to prevent hafty and unjust difpofitions, which are often extorted by importunity, or gained by craft; and are likewise a security against the suppressing of wills, by those who have an interest in deltroying them.
But however we may applaud inftitutions, which ascertain private rights between subject and subject, and enforce the duties of morality, yet, when we consider how much is left to the discietion of the judges, how niuch more ultimately