Page:The Green Bag (1889–1914), Volume 06.pdf/120

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Cfje #reen BagPublished Monthly, at $4.00 i-er Annum.

Single Numbers, 50 Cents.

Communications in regard to the contents of the Magazine should be addressed to the Editor, Horace W. Fuller, ts'A Beacon Street, Boston, Mass. The Editor will be glad to receive contributions of articles of moderate length upon subjects of inter est to the profession; also anything in the way of legal antiquities or curiosities, facetia; anec dotes, etc. THE GREEN BAG. To the Editor of "The Green Bag." Dear Sir : — The following extract is from the "Answers to Correspondents " column of the evening edition of the " New York World," of recent date : — "A. M. — It is not illegal for cousins to marry in this State. . Until May 6 of this year an uncle could marry a niece and an aunt a nephew. A girl is of age at twenty-one, and not an hour before, in any State of this Union, or in any country of Europe outside of Africa. Her age for marriage in the State of New York is twelve years. At that age she may marry without her parents' consent. A girl never has to ask her parents' consent for her marriage. As soon as she is of marriageable age, which is twelve years, she has the right to marry whomsoever she pleases. But a man has no right to marry her while she is under sixteen, unless he pays the parent what ever sum may be demanded. The theory of the law is that the daughter is to be sold by the parent, and that it is grand larceny to marry one without first buying her from the parent. After sixteen she gets tough, and if not sold before that time the parent can only recover for loss of services." The fact that persons act on such " legal opinion and advice " may partly account for the crowded condition of our New York courts. Yours, &c, .

LEGAL ANTIQUITIES. In the reign of George III. a Bill was intro duced into the House of Commons for the im provement of the Metropolitan Watch. In this Bill there was originally a clause by which it was enacted that the watchmen should be compelled to sleep during the day.

RECENT DEATHS The death on December 26 of Hon. Henry W. Paine, in his eighty-fourth year, removes from us one of the last distinguished associates at the bar of Webster, Choate and Sumner. Mr. Paine was born in Winslow, Me., August 30, 1810; he was graduated from Waterville College (now Colby University) with the class of 1830, and after completing his course at the Harvard Law School, he was admitted to the bar and began the practice of his profession at Hallowell, Me., in 1834. In 1836, 1837 and 1853 he represented that town in the Maine Legislature, and during this time he was for five years the attorney for Kennebec County. His career as a great lawyer did not begin until he came to Boston in 1854, where he at once took rank among the leaders of his profession — a rank which never diminished until, the recognized and undisputed leader of the Suffolk County bar, he gave up the active practice of his profession somewhere about 1880 or 188 1. His retirement was due to his failing health and an infirmity of increasing deafness. In 1854 he received the degree of LL.D. from Colby University. It is probable that his early and constant application to study impaired his health. He had shared but little in the sports of childhood or in the exercises of youth. His college days and nights were given to study, and as athletic sports formed no part of the curriculum in those days, but little time was devoted to that branch of education. He was originally possessed of an iron constitution and a vigorous physique. No recreation, no vacation, and incessant, unremit ting toil made up the history of those busy years. For some time after his retirement from active practice he attended to his office business, but for the last two or three years he gave this up. From 1872 to 1883 he was the lecturer in the Law School of Boston University on the " Law of Real Property," and his personality had much to do with giving that school its great popularity.