14V.,  5  21  (S  Bdm.  148).  See  Dora.  Rel.  I^vr,  -jh.  272,  L.  1890.  to  which  age
of  consent  Is  made  eighteen  years;  rot  loes  uot  amend  ch.  ??♦  "^  1*»'J  ^
App.  DiT.  335.
i  174».    IB  What  otlier  canea  marriage  mar  *•  »lf««ll**«

An  action  may  also  be  maintained  to  procure  a  judgment  de-
during  a  auuringe  contrACt  void  and  annulUof  the  marr>c^f  Mr


c.  15,  t,  I,  a.  1  MARRTAOa  ''If  1744-46

either  of  the  following  causos,  existing  at  the  time  of  the  mar
riage:

1.  That  one  or  both  of  the  parties  had  not  attained  the  age  of
legal  consent

2.  That  the  former  husband  or  wife  of  one  of  the  parttes  i««l8
Uring,  and  that  the  marriage  with  the  former  hiwband  or  wite  was
then  in  force.
3.  That  one  of  the  parties  was  an  idiot  or  a  hinatic.
4.  That  the  consent  of  one  of  the  parties  was  obtained  by  force,
duress,  or  fraud.
5.  That  one  of  the  parties  waa  physically  incapable  of  entering
into  the  marriage  state.  But  an  action  can  be  maintained,  under
this  Bubdiyiaion,  only  where  the  incapacity  continues,  and  is
incurable.
2  B.  8.   142.  I  20  (2  BSm.   147).
1  1744.  Action  frben  party  yvmM  under  tbe  aire  of  ooiuient.
An  action  to  annul  a  marriage,  on  the  ground  that  one  of  the
parties  had  not  attained  the  age  of  legal  consent,  may  be  main-
tained by  the  infant,  or  by  either  parent  of  the  infant,  or  by  the
guardian  of  the  infant's  person ;  or  the  court  may  allow  the  action
to  be  maintained  by  any  person,  as  the  next  friend  of  the  infant.
