2. The law presumes that husband and wife cohabit, even after a voluntary
separation has taken place between them; but where there has been a divorce
a mensa et thoro, or a sentence of separation, the presumption then arises
that they have obeyed the sentence or decree, and do not live together.
3. A criminal cohabitation will not be presumed by the proof of a single
act of criminal intercourse between a man and woman not married. 10 Mass.
4. When a woman is proved to cohabit with a man and to assume his name with
his consent, he will generally be responsible for her debts as if she had
been his wife; 2 Esp. R. 637; 1 Campb. R. 245; this being presumptive evidence
of marriage; B. N. P. 114; but this liability will continue only while they
live together, unless she is actually his were. 4 Campb. R. 215.
5. In civil actions for criminal conversation with the plaintiff"s wife,
after the husband and wife have separated, the plaintiff will not in general
be entitled to recover. 1 Esp. R. 16; S. C. 5 T. R. 357; Peake"s Cas. 7,
39; sed vide 6 East, 248; 4 Esp. 39.
Source: Bouviers Law Dictionary 1856 Edition
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