Quebec.—This Province, which is composed largely of Roman Catholic inhabitants of French ancestry, treats marriage as a religious contract.
The system of jurisprudence in Quebec is an admixture of the Code Napoleon, the coutume de Paris, and the common law of England. The provisions of the Civil Code and Code of Civil Procedure of the Province are largely of French origin.
Marriage must be solemnized openly by a competent officer recognized by law and must be preceded by the publication of banns, unless a license is obtained. A license for a marriage by a Protestant clergyman must be issued from the office of the Provincial Secretary.
A marriage contracted without the free consent of both parties, or of one of them, can only be attacked by such parties themselves or by the one whose consent was not free.
A marriage contracted before the parties, or either of them, have attained the age required can no longer be contested if six months have elapsed since the party or parties have attained the proper age; or if the wife under that age has conceived before the termination of six months.
The laws in this Province concerning the rights of married women to own property separate from their husbands are almost mediæval.
A married woman cannot take judicial proceedings without being authorized so to do by her husband or the court.
A husband and wife cannot contract with each other even with the assistance of a third person. They cannot even make donations to each other during the marriage.
Husband and wife are not competent witnesses against each other in a court of law.
Neither the courts nor the Provincial legislature grant divorces which dissolve the marriage bond. Applications for such relief must be addressed to the Dominion Parliament.