Laws eBook

This eBook from the Gutenberg Project consists of approximately 837 pages of information about Laws.

Laws eBook

This eBook from the Gutenberg Project consists of approximately 837 pages of information about Laws.
to inherit the lot, and may leave the remainder to him.  Also he may appoint guardians for his children; or if he die without appointing them or without making a will, the nearest kinsmen,—­two on the father’s and two on the mother’s side,—­and one friend of the departed, shall be appointed guardians.  The fifteen eldest guardians of the law are to have special charge of all orphans, the whole number of fifteen being divided into bodies of three, who will succeed one another according to seniority every year for five years.  If a man dying intestate leave daughters, he must pardon the law which marries them for looking, first to kinship, and secondly to the preservation of the lot.  The legislator cannot regard the character of the heir, which to the father is the first consideration.  The law will therefore run as follows:—­If the intestate leave daughters, husbands are to be found for them among their kindred according to the following table of affinity:  first, their father’s brothers; secondly, the sons of their father’s brothers; thirdly, of their father’s sisters; fourthly, their great-uncles; fifthly, the sons of a great-uncle; sixthly, the sons of a great-aunt.  The kindred in such cases shall always be reckoned in this way; the relationship shall proceed upwards through brothers and sisters and brothers’ and sisters’ children, and first the male line must be taken and then the female.  If there is a dispute in regard to fitness of age for marriage, this the judge shall decide, after having made an inspection of the youth naked, and of the maiden naked down to the waist.  If the maiden has no relations within the degree of third cousin, she may choose whom she likes, with the consent of her guardians; or she may even select some one who has gone to a colony, and he, if he be a kinsman, will take the lot by law; if not, he must have her guardians’ consent, as well as hers.  When a man dies without children and without a will, let a young man and a young woman go forth from the family and take up their abode in the desolate house.  The woman shall be selected from the kindred in the following order of succession:—­first, a sister of the deceased; second, a brother’s daughter; third, a sister’s daughter; fourth, a father’s sister; fifth, a daughter of a father’s brother; sixth, a daughter of a father’s sister.  For the man the same order shall be observed as in the preceding case.  The legislator foresees that laws of this kind will sometimes press heavily, and that his intention cannot always be fulfilled; as for example, when there are mental and bodily defects in the persons who are enjoined to marry.  But he must be excused for not being always able to reconcile the general principles of public interest with the particular circumstances of individuals; and he is willing to allow, in like manner, that the individual cannot always do what the lawgiver wishes.  And then arbiters must be chosen, who will determine equitably the cases which may arise under the law:  e.g.
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Laws from Project Gutenberg. Public domain.