But when any mode is thus pursued which dispenses with the services of a
clergyman or magistrate, the husband is responsible for the return
directed to be made to the clerk and is liable to the above named
penalty if the return is not made [§3390].

[Sidenote: When void.]

Marriages between persons whose marriage is prohibited by law, or who
have a husband or wife living, are void; but if the parties live and
cohabit together after the death of the former husband or wife, such
marriage shall be deemed valid [§3392]. A judicial decree is not
necessary to annul a marriage between parties one of whom has a wife or
husband living at the time, as such marriages are absolutely void, nor
does such marriage confer any right upon either in the property of the
other. A marriage procured by fraud or force is void, because it lacks
the essential element of consent. Such marriages may be annulled by a
court of equity, but false representations as to character, social
position or fortune do not constitute such fraud on the opposite party
as to avoid a marriage induced thereby.




CHAPTER III.


HUSBAND AND WIFE

[Sidenote: Property rights of married women.]