
    VINCENT W. MOORE and Ann his wife, late ANN WHITAKER vs. JAMES WHITAKER.
    A marriage void because contracted within the prohibited degrees,, can be confirmed by a subsequent act of assembly.
    Debt on a guardian bond, for a distributive balance. Narr. Plea denying the marriage of plaintiffs; or that it was lawful.
    
      The plaintiffs married within the degrees prohibited by the act of assembly (Digest 400.) The legislature by a special act passed before bringing this action, confirmed the marriage.
    The question was, whether the parties were legally married at the commencement, of this suit, the marriage being origins, "ly void, and it not being shown that the wife joined in or assented to the application, which was subsequently made to the legislature to confirm the marriage. It was insisted also, that the wife;, being c*n infant, was not competent to bind herself by such proceeding-.
   Per cmiam.

The disability was a statutory one, a¡r<? is removed by statute. The legislature has the power to declare what shall be valid marriages. They can annul marriages already existing — a fortiori, they can render valid marriages, which when they - sh placo were against law. They can exercise the power of marria.o?, ,;r delegate it to others. The whole subject is one of legislative regulation; and the act to confirm this marriage, though contracted wkhin the prohibited degrees disposed of ail legal objection to its validity; The plaintiffs are lawfully man and wife, and entitled to recover in this action.

Frame for plaintiff

Bates for defendants.

Verdict for plaintiff.  