Page:United States Statutes at Large Volume 47 Part 1.djvu/1152

 1128 4. By a fair and true report, without malice, in a public journal, of (1) a judicial or (2) ot her publ ic offic ial proc eeding, or (3) of anything said in the course thereof, or (4) of a verified charge or complaint made by any person to a public official, upon which complaint a warrant shall have been issued. 5. By a fair and true report, without malice, of (1) the proceed- ings of a public meetin g, if such meeting was l awfully convened for a lawful purpose and open to the public, or (2) the publication of the matter complained of was for the public benefit. Malice not inferred . SEC. 34. MALICE NOT INFERRED.-In the cases provided for in sub- divisions three, four, and five, of section 33, malice is not inferred from the communication or publication. Personal relations for- SEC. 35. PERSONAL REL ATION S FOR BID ABDUCTION AND SEDUCTION.- dabduction and se- duction. The rig hts of p ersonal relation s forbid 1. ° The abduction of a husband from his wife, or of a parent from his child. 2 . The abduction or enticement of a wife from her husband, or a child from a parent, or from a guardian entitled to its custody. 3 . The seduction of daughter or orphan sister. Post, p. 1333. 72d C ONGRESS. SESS. II. CH. 128 . FE BRUARY 27, 1933 . Caoss RF .FHazNCn D amag es for seductio n, see section 1 61 9. Right to use force. SEC. 36. RIGHT TO USE FORCE .-Any necessary force may be used to protect from wrongful injury the person or property of oneself, or of a wife, husband, child, parent, or other relative, or member of one's family, or of a ward, servant, master, or guest. MARRIAGE. CHAP TER 4.-MARRIAGE What constitutes. SEC. 37. WHAT CoNSTII u IES MARRIAGE .-Marriage is a personal relation arising out of a civil contract, to which the consent of parties capable of making that contract is necessary. Consent alone will not constitute marriage ; it must be followed by a solemnization authorized by this code. How proved. SEC. 38. MARRIAGE ; HOW PROvED.-Consent to marriage and solemn- ization thereof may be proved under the same general rules of evidence as facts are proved in other cases. When are void. SEC. 39. WHA T MARRIAGES VOID WITHOUT BEING SO DECREED .-(a A marriage celebrated in the Canal Zone after December 29, 1926, s all be void, without being so decreed- Post,p .1180. (1) If between persons related by consanguinity within' the fourth de ree, determin ed accor ding to s ections 405 to 4 09 ; (2) If either party thereto has been previously married and such previous marriage has not been terminated by death, annulment, or a filial decree of divorce ; (3) If either party thereto is not present in person at the celebra- By judicial deem . tion of the marriage . Vol. 44, p . 927. (b) A void marriage may, in addition, be declared by judicial decree, or be shown in any collateral proceeding, to have been void from the time of its celebration . (Act Cong. Dec. 29, 1926, c. 19, voiaaols. † 8, 44 Stat. 927.) SEC . 40. WHAT MARRIAGES voIDABLE .-(a) A marriage celebrated in the Canal Zone after December 29, 1926, shall be voidable- (1) If either party thereto, at the time of the marriage, is an idiot or a lunatic ; (2) If the consent of either party thereto was procured by force or fraud ;