[760] These cases are discussed by POST, _Familienrecht_, 253-55; _idem_, _Grundlagen_, 269; _idem_, _Afrikanische Jurisprudenz_, I, 439-41; LETOURNEAU, _op. cit._, 286 ff.; WESTERMARCK, _op. cit._, 523, 524; FRIEDRICHS, "Familienstufen und Eheformen," _ZVR._, X, 251.
[761] On these so-called "Zeitehen" and "Ehen auf Proben," in addition to the references, chap. ii, p. 49, note 2, see POST, _Familienrecht_, 75-79; _idem_, _Afrikanische Jurisprudenz_, I, 321-23; STARCKE, _Primitive Family_, 258-60; WESTERMARCK, _op. cit._, 523, 524, who apparently includes these cases under the head of divorce for sterility. "Proof-marriages" are said even now to be customary in Yorkshire: BUNSEN, in _ZFE._, XIX, 376; POST, _op. cit._, 77; and a good example is afforded by the Scotch "hand-fasting" prevalent in the eighteenth century: "Two chiefs agreed that the heir of the one should live with the daughter of the other as her husband for a year and a day; if at the end of that time the woman had become a mother, or, at any rate, if she was pregnant, the marriage was regarded as valid, even if unblest by a priest;" otherwise the connection was dissolved: STARCKE, _op. cit._, 260; SKENE, _The Highlanders of Scotland_ (London, 1837), 166. _Cf._ TEGG, _The Knot Tied_, 222, 223; BRAND, _Popular Antiquities_, II, 87, 88; BULLINGER, _The Christen State of Matrimonye_ (1541), 48, 49; WOOD, _The Wedding Day_, 113, 184, 185; STILES, _Bundling_, 17, 19. For examples of temporary unions among the American Indians see WESTERMARCK, _op. cit._, 518, 519. Such marriages are found among the Winnebagoes: THWAITES, in _Wis. Hist. Coll._, XII, 427.
[762] WESTERMARCK, _op. cit._, 524: _ap._ KOLBEN, _The Present State of the Cape of Good-Hope_ (London, 1731), I, 157. However, this rule may in practice have little meaning: see POST, _Afrikanische Jurisprudenz_, I, 435, who also cites Kolben.
[763] DAWSON, _Australian Aborigines_, 33.
[764] For the impediments to matrimony, all of which are diriment, see MÖLLENDORFF, _Das chin. Familienrecht_, 9-20.
[765] MÖLLENDORFF, _Das chin. Familienrecht_, 32. In China a man is legally incapable of adultery. If the husband slay either the man or the woman taken _in flagrante delicto_, he must do so on the instant; "though it is also allowable for the husband to kill the adulterer outside the house, if it be in chase. But if the husband first ties up the adulterer, and then kills him, he will be guilty of a transportable offence.... If the husband kills the wife afterwards, he will be liable to three years' transportation and 100 blows."--ALABASTER, _Chinese Criminal Law_, 187, 188. If the paramour kills the husband, the wife is strangled, whether she knew of the crime or not, provided the husband has not consented to the adultery. Grace is shown the woman only "when the murder was sudden and unpremeditated;" but then only in case that she "fly to the rescue, and give the alarm, and do her best to bring the murderer to justice by denouncing him to the authorities."--ALABASTER, _op. cit._, 194. The price of the guilty wife sold as a concubine falls to the state: MÖLLENDORFF, 32.