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79-407: ~60, see text Hydromycus Raf. (1808) Dacrymyces is a genus of fungi in the family Dacrymycetaceae . Species are saprotrophs and occur on dead wood. Their distribution is worldwide. Basidiocarps (fruit bodies) are ceraceous to gelatinous, often yellow to orange, and typically disc-shaped to cushion-shaped. The genus has traditionally been differentiated from other genera in

158-735: A Catholic priest. The Tridentine canons did not bind the Protestants or the Eastern Orthodox , but clandestine marriages were impossible for the latter since their validity required the presence of a priest. England abolished clandestine or common-law marriages in the Marriage Act 1753 , requiring marriages to be performed by a priest of the Church of England unless the participants in the marriage were Jews or Quakers . The Act applied to Wales but not to Scotland, which retained its own legal system by

237-468: A Cyclopædic Journal and Review , of which only eight issues were printed (1832–1833). He also gave public lectures and continued publishing, mostly at his own expense. Rafinesque died of stomach and liver cancer in Philadelphia on 18 September 1840. The cancer may have been induced by Rafinesque's self-medication years before with a mixture containing maidenhair fern . He was buried in a plot in what

316-447: A civil partnership which will continue to be valid, if contracted before November 2015. A constitutional amendment that would have recognized common law marriage, proposed in March 2024, failed by 67%. In Israel , courts and a few statutes (such as social security which grants death and disability benefits) have recognized an institute of yeduim batsibur ( ידועים בציבור ) meaning

395-565: A couple who are "known in the public" (lit. translation) as living together as husband and wife. Generally speaking the couple needs to satisfy two tests which are: 1) "intimate life similar to married couple, relationship based on same emotions of affection and love, dedication and faithfulness, showing they have chosen to share their fate" ( Supreme Court of Israel , judge Zvi Berenson (intimacy test)), and 2) sharing household (economic test). In addition courts usually are more likely to recognize such relationship as marriage for granting benefits if

474-590: A few of his descriptions were published, with his friend John D. Clifford's series "Indian Antiquities", eight long letters in Lexington's short-lived Western Review and Miscellaneous Magazine (1819–1820). Clifford died suddenly in 1820, ending his contributions. Rafinesque's work was used by others. For instance, he identified 148 ancient earthworks sites in Kentucky. All sites in Kentucky that were included by E. G. Squier and Davis in their notable Ancient Monuments of

553-527: A formal civil or religious service. In effect, the act of the couple representing themselves to others as being married and organizing their relation as if they were married, means they are married. The term common-law marriage (or similar) has wider informal use, often to denote relations that are not legally recognized as marriages. It is often used colloquially or by the media to refer to cohabiting couples , regardless of any legal rights or religious implications involved. This can create confusion in regard to

632-522: A marriage ceremony. However, they were not understood as having the legal status of a valid marriage until the decision in Dalrymple clarified this in 1811. This decision affected the subsequent development of English law due to the fact that the Marriage Act 1753 did not apply overseas. English courts later held that it was possible to marry by a simple exchange of consent in the colonies , although most of

711-468: A minimum period. In 1999, in its ruling M. v. H. , the Supreme Court of Canada decided that same-sex partners would also be included in common-law relationships. Around one-fifth of Canadian couples are in common-law relationships, a three-fold increase from 1981, according to 2016 data from Statistics Canada. Canada Revenue Agency (CRA) states, as of 2007, "living common-law" means living with

790-410: A mutual understanding, in which case alimony amounts must be settled mutually too), allowances, shelter and protections for the female partner in case of abuse, right to live in her partner's house and child custody. Furthermore, children born in such relationships will be granted allowances until they reach full age and, provided the person is not a married adult daughter, if the person is of full age and

869-592: A notable contribution to North American prehistory with his studies of ancient earthworks of the Adena and Hopewell cultures , especially in the Ohio Valley . He was the first to identify these as the "Ancient Monuments of America". He listed more than 500 such archaeological sites in Ohio and Kentucky. Rafinesque never excavated; rather, he recorded the sites visited by careful measurements, sketches, and written descriptions. Only

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948-575: A parallel interpersonal status such as a "domestic partnership", "registered partnership", "common law partner" "conjugal union" or "civil union". Non-marital relationship contracts are not necessarily recognized from one jurisdiction to another. In Canada, while some provinces may extend to couples in marriage-like relationships many of the rights and responsibilities of a marriage, they are not legally considered married. They may be legally defined as "unmarried spouses " and for many purposes such as taxes and financial claims, and within those contexts treated

1027-561: A particular problem for judges. (Some British civilians interned by the Japanese during the Second World War were held to be legally married after contracting marriages under circumstances where the formal requirements could not be met.) To this limited extent, English law does recognise what has become known as a "common-law marriage". English legal texts initially used the term to refer exclusively to American common-law marriages. Only in

1106-899: A period of at least one year. A conjugal relationship exists when there is a significant degree of commitment between two people. This can be shown with evidence that the couple share the same home, that they support each other financially and emotionally, that they have children together, or that they present themselves in public as a couple. Common-law partners who are unable to live together or appear in public together because of legal restrictions in their home country or who have been separated for reasons beyond their control (for example, civil war or armed conflict) may still qualify and should be included on an application. See Adult interdependent relationship in Alberta . The term "common-law marriage" does not appear in British Columbia (BC) law. A distinction

1185-412: A person in a conjugal relationship without being married and at least one of the following is true: Canada recognizes unmarried partners under certain circumstances for the purpose of immigration . Citizenship & Immigration Canada states that a common-law partner refers to a person who is living in a conjugal relationship with another person (opposite or same sex), and has done so continuously for

1264-408: A requirement and can apply to platonic relations, including relatives. In addition, the term "common law" appears informally in documents from the federal government. Common-law partners may be eligible for various federal government spousal benefits. Various laws include "common-law status", which automatically takes effect when two people (of any sex) have lived together in a conjugal relationship for

1343-618: A time Rafinesque also worked as secretary to the American consul. During his stay in Sicily, he studied plants and fishes, naming many newly discovered species of each. He was elected a Fellow of the American Academy of Arts and Sciences in 1808. Rafinesque had a common-law wife . After their son died in 1815, he left her and returned to the United States. When his ship Union foundered near

1422-614: Is a stub . You can help Misplaced Pages by expanding it . Raf. Constantine Samuel Rafinesque-Schmaltz ( French pronunciation: [kɔ̃stɑ̃tin samɥɛl ʁafinɛsk(ə)ʃmalts] ; 22 October 1783 – 18 September 1840) was a French early 19th-century polymath born near Constantinople in the Ottoman Empire and self-educated in France. He traveled as a young man in the United States, ultimately settling in Ohio in 1815, where he made notable contributions to botany, zoology, and

1501-570: Is handicapped. Furthermore, the Hindu Marriage Act stipulates that children born out of wedlock (including to live-in relationships, relationships in the nature of marriage and casual relationships) are treated as equivalent to legitimate children in terms of inheritance. However, the Hindu Marriage Act is only applicable if the children's parent is Hindu, Sikh, Buddhist or Jain. Ireland does not recognize common-law marriage, but

1580-403: Is made between being a spouse and being married . Married couples include only those who have engaged in a legal marriage ceremony and have received a marriage licence. Spouses include married couples as well as those, of same or opposite sex, who satisfy criteria for being in a marriage-like relationship for a time period that depends on the law that is being considered. Hence the meaning of

1659-465: Is merely a social usage. The term does not confer on cohabiting parties any of the rights or obligations enjoyed by spouses or civil partners . Unmarried partners are recognised for certain purposes in legislation: e.g., for means-tested benefits. For example, in the Jobseekers Act 1995 , "unmarried couple" was defined as a man and woman who are not married to each other but who are living together in

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1738-491: Is now Ronaldson's Cemetery. In March 1924, what were thought to be his remains were transported to Transylvania University and reinterred in a tomb under a stone inscribed, "Honor to whom honor is overdue." Rafinesque published 6,700 binomial names of plants, many of which have priority over more familiar names. The quantity of new taxa he produced, both plants and animals, has made Rafinesque memorable or even notorious among biologists. Rafinesque applied to join one of

1817-547: Is that a common-law partner can be compelled to testify against his or her partner in a court of law . The Civil Code of Quebec has never recognized a common-law partnership as a form of marriage. However, many laws in Quebec explicitly apply to common-law partners (called conjoints de fait ) in " de facto unions" (marriages being " de jure unions") as they do to married spouses. Same-sex partners are also recognized as conjoints de fait in de facto unions, for

1896-665: The Constitution Act, 1867 . Marriage is regulated throughout Canada by the Civil Marriage Act , and violations of the requirements of this act are subject to the Criminal Code of Canada ("Offences Against Conjugal Rights" and "Unlawful Solemnization of Marriage" chapters, articles 290–296), also applicable throughout Canada. By contrast, the regulation of non-marital relations, which are often referred to as "common-law spouses", falls largely under provincial law. As such,

1975-523: The Family Law Act specifically recognizes unmarried spouses in dealing with spousal support issues. The definition is having cohabited continuously for not less than three years or "in a relationship of some permanence" if parents of a child. However, common-law spouses do not have automatic rights under the Family Law Act to their spouses' property (section 29 applies only to the support sections of

2054-453: The Acts of Union 1707 . To get around the requirements of the Marriage Act, such as minimum age requirements, couples would go to Gretna Green , in the south of Scotland, or other border villages such as Coldstream , to get married under Scots law. The Marriage Act 1753 also did not apply to Britain's overseas colonies of the time and so common-law marriages continued to be recognized in what are now

2133-567: The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (in force between 2010 and 2015) gives some rights to unmarried cohabitants. Following the Marriage Act 2015 which legalized same-sex marriage in Ireland, civil partnerships are no longer available in Ireland; couples already in a civil partnership may apply to convert their civil partnership into marriage or may remain in

2212-488: The Fourth Lateran Council (1215), which required all marriages to be announced in a church by a priest. The Council of Trent (1545–1563) introduced more specific requirements, ruling that future marriages would be valid only if witnessed by the pastor of the parish or the local ordinary (the bishop of the diocese) or by the delegate of one of said witnesses, the marriage being invalid otherwise, even if witnessed by

2291-534: The Supreme Court of India defined, with reference to the Domestic Violence Act of 2005, "a relationship in the nature of marriage" as "akin to a common law marriage". The Supreme Court declared that the following are required to satisfy the conditions for a common-law marriage or a relationship in the nature of marriage: There is no specified time for the common-law marriage to actually take effect but needs it to be "significant". The case clarified that there

2370-409: The mule deer ( Odocoileus hemionus ). Rafinesque was one of the first to use the term " evolution " in the context of biological speciation. Rafinesque proposed a theory of evolution before Charles Darwin . In a letter in 1832, Rafinesque wrote: The truth is that Species and perhaps Genera also, are forming in organized beings by gradual deviations of shapes, forms and organs, taking place in

2449-486: The 1960s did the term "common-law marriage" begin to be used in its contemporary sense to denote unmarried, cohabiting heterosexual relationships, and not until the 1970s and 1980s did the term begin to lose its negative connotations. The use of the term is likely to have encouraged cohabiting couples to believe falsely that they enjoyed legal rights. By the end of the 1970s a myth had emerged that marrying made little difference to one's legal rights, and this may have fuelled

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2528-487: The Act). Thus, common-law partners do not have a statutory right to divide property in a breakup, and must ask courts to look to concepts such as the constructive or resulting trust to divide property in an equitable manner between partners. Married people may also have a recognized common-law spouse even before being divorced from the first spouse. Another difference that distinguishes common-law spouses from married partners

2607-622: The Australian Constitution ), and so this is also a state matter. Regulation of de facto relations is a combination of federal and state/territory laws. Canada does not have the institution of common-law marriage within the meaning of the legal concept of such a marriage under the common-law, although common-law relationships are recognized for certain purposes in Canada. The Parliament of Canada has exclusive legislative authority over marriage and divorce in Canada under section 91(26) of

2686-615: The Blythswood Registration District of Glasgow were "irregular". In 2006, "marriage by cohabitation with habit and repute", the last form of irregular marriage that could still be contracted in Scotland, was abolished in the Family Law (Scotland) Act 2006 . Until that act had come into force, Scotland remained the only European jurisdiction never to have totally abolished the old-style common-law marriage. For this law to apply,

2765-801: The Civil Code recognizes a type of domestic partnership called a civil union that is similar to marriage and is likewise available to same-sex partners. No citizen of Quebec can be recognized under family law to be in both a civilly married state and a conjoint de fait within the same time frame. Divorce from one conjugal relationship must occur before another conjugal relationship may occur in family law. Same-sex partners can also marry legally in Quebec, as elsewhere in Canada. In Saskatchewan , common-law relations are regulated by The Family Property Act and The Family Maintenance Act . Queen's Bench justices have sanctioned common-law relationships as simultaneously existing in family law while one or more of

2844-551: The Dacrymycetaceae on the basis of basidiocarp morphology, following (in recent years) the monograph of New Zealand mycologist Robert McNabb. Molecular research, based on cladistic analysis of DNA sequences , has however shown that morphology is not a good indicator of natural relationships within the Dacrymycetaceae. As a result several species formerly referred to Dacrymyces have been moved to Dacryonaema or Dendrodacrys . This Agaricomycotina -related article

2923-605: The Delaware Indians). It told of their migration to the lands around the Delaware River . Rafinesque claimed he had obtained wooden tablets engraved and painted with indigenous pictographs , together with a transcription in the Lenape language . Based on this, he produced an English translation of the tablets' contents. Rafinesque claimed the original tablets and transcription were later lost, leaving his notes and transcribed copy as

3002-695: The Family Law (Scotland) Act 2006 (irregular marriages established before 4 May 2006 are recognised). In ancient Greece and Rome, marriages were private agreements between individuals and estates. Community recognition of a marriage was largely what qualified it as a marriage. The state had only limited interests in assessing the legitimacy of marriages. Normally, civil and religious officials took no part in marriage ceremonies and did not keep registries. There were several more or less formal ceremonies to choose from (partly interchangeable, but sometimes with different legal ramifications) as well as informal arrangements. It

3081-601: The Mississippi Valley (1848), completed for the Smithsonian Institution , were first identified by Rafinesque in his manuscripts. Rafinesque also made contributions to Mesoamerican studies. The latter were based on linguistic data, which he extracted from printed sources, mostly those of travelers. He designated as Taino , the ancient language of the Caribbean island of Hispaniola . Others later also used

3160-424: The United States and Canada. Marriages per verba de praesenti , sometimes known as common-law marriages, were an agreement to marry, rather than a marriage. Australia does not have common law marriage as it is understood under common law. The term used for relationships between any two persons who are not married, but are living in certain domestic circumstances, may vary between states and territories, although

3239-613: The books he was reading in his paternal grandmother's libraries. In 1802, at the age of 19, Rafinesque sailed to Philadelphia in the United States with his younger brother. They traveled through Pennsylvania and Delaware , where he made the acquaintance of most of the young nation's few botanists. In 1805, Rafinesque returned to Europe with his collection of botanical specimens, and settled in Palermo , Sicily, where he learned Italian. He became so successful in trade that he retired by age 25 and devoted his time entirely to natural history. For

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3318-617: The coast of Connecticut, he lost all his books (50 boxes) and all his specimens (including more than 60,000 shells ). Settling in New York, Rafinesque became a founding member of the newly established Lyceum of Natural History . In 1817, his book Florula Ludoviciana  [ es ] or A Flora of the State of Louisiana was strongly criticized by fellow botanists, which caused his writings to be ignored. By 1818, he had collected and named more than 250 new species of plants and animals. Slowly, he

3397-635: The couple could not get married under the Israeli law. Israel's common-law status grants Israeli couples virtually the same benefits and privileges as married couples in Israel . Common-law marriage or partnerships have some limited recognition in Kuwait in the cases of expatriate familial disputes such as maintenance payments and child support dues. Family courts use the law of the male partner or husband's country of nationality to deal with family matters and hence if

3476-412: The creation of regular civil marriages in Scotland for the first time (the civil registration system started in Scotland on 1 January 1855). Until this act, the only regular marriage available in Scotland was a religious marriage. Irregular marriages were not socially accepted and many people who decided to contract them did so where they were relatively unknown. In some years up to 60% of the marriages in

3555-562: The disputed ceremonies involved the ministrations of a priest or other clergyman. The English courts also upheld marriages by consent in territories not under British control but only if it had been impossible for the parties to marry according to the requirements of the local law. The late 1950s and early 1960s saw a spate of cases arising out of the Second World War , with marriages in prisoner-of-war camps in German -occupied Europe posing

3634-614: The document might be fraudulent. In the 1950s, the Indiana Historical Society published a "retranslation" of the Walam Olum , as "a worthy subject for students of aboriginal culture". Since the late 20th century, studies especially in linguistic, ethnohistorical, archaeological, and textual analyses suggest that the Walam Olum account was largely or entirely a fabrication. Scholars have described its record of "authentic Lenape traditional migration stories" as spurious. After

3713-464: The domestic and financial arrangements, degree and nature of intimacy, and the sense of the relationship presented to friends and families (especially by each spouse to his/her own family). "Mere roommates will never qualify as unmarried spouses. There needs to be some other dimension to the relationship indicative of a commitment between the parties and their shared belief that they are in a special relationship with each other." The criteria do not exclude

3792-663: The existence of a previous marriage to a third person during the period of the marriage-like relationship of the unmarried spouses. Hence a person may have more than one spouse at the same time. The implications of becoming an unmarried spouse include: See Common-law relationships in Manitoba . In New Brunswick , a couple must live together for three years or have a natural or adopted child together. They cannot have been married to another person during this time. See Domestic partnership in Nova Scotia . In Ontario , section 29 of

3871-474: The lapse of time. There is a tendency to deviations and mutations through plants and animals by gradual steps at remote irregular periods. This is a part of the great universal law of perpetual mutability in everything. Thus it is needless to dispute and differ about new genera, species and varieties. Every variety is a deviation which becomes a species as soon as it is permanent by reproduction. Deviations in essential organs may thus gradually become new genera. In

3950-412: The legal definition and many implications of marriage-like relationships fall under provincial jurisdiction. As family law varies between provinces, there are differences between the provinces regarding the recognition of common-law relationships. Most such regulations deal with relations that are romantic/sexual in nature, but some, such as adult interdependent relationships in Alberta , do not have such

4029-725: The male partner comes from a country where partnerships or other similar unions are recognised, then a Kuwaiti court can also consider it. However, intercourse outside of marriage is illegal in Kuwait so such recognition can only practically apply in exceptional cases like illegitimate children born abroad and the parents having since separated abroad but relocated to Kuwait. No recognition is extended to couples where one or both parties are Kuwaiti or to homosexual couples. The term "common-law marriage" has been used in England and Wales to refer to unmarried, cohabiting heterosexual couples. However, this

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4108-496: The new species of plants and animals he encountered in travels throughout the state. He was considered an erratic student of higher plants. In the spring of 1826, he left the university after quarreling with its president. He traveled and lectured in various places, and endeavored to establish a magazine and a botanic garden, but without success. He moved to Philadelphia, a center of publishing and research, without employment. He published The Atlantic Journal and Friend of Knowledge,

4187-458: The only record of evidence. For over a century after Rafinesque's publication, the Walam Olum was widely accepted by ethnohistorians as authentically Native American in origin, but as early as 1849, when the document was republished by Ephraim G. Squier , Henry Rowe Schoolcraft , an ethnologist who had worked extensively in Michigan and related territories, wrote to Squier saying that he believed

4266-497: The protection of a "common-law marriage". In fact, neither the name nor the concept of "common-law marriage" was known at this time. Far from being treated as if they were married, couples known to be cohabiting risked prosecution by the church courts for fornication . "Contract marriages" (or more strictly marriages per verba de praesenti ) could be presumed, before the Marriage Act 1753 , to have been undertaken by mutual consent by couples who lived together without undergoing

4345-509: The publication in 1995 of David Oestreicher 's thesis, The Anatomy of the Walam Olum: A 19th Century Anthropological Hoax , many scholars concurred with his analysis. They concluded that Rafinesque had been either the perpetrator, or perhaps the victim, of a hoax. Other scholars, writers, and some among the Lenape continue to find the account plausible and support its authenticity. Rafinesque made

4424-439: The purpose of social benefit laws. However, common-law partners do not have any legal rights between them, such as alimony , family patrimony , compensatory allowance and matrimonial regime . The Quebec Court of Appeal ruled this restriction to be unconstitutional in 2010; but on January 25, 2013 the Supreme Court of Canada ruled that common-law couples do not have the same rights as married couples. A 2002 amendment to

4503-451: The same as married spouses. A 2008 poll in the UK showed that 51% of respondents incorrectly believed that cohabitants had the same rights as married couples. In Scotland, common-law marriage does not exist, although there was a type of irregular marriage called 'marriage by cohabitation with habit and repute' which could apply to couples in special circumstances until 2006, and was abolished by

4582-426: The same household as husband and wife other than in prescribed circumstances. But in many areas of the law cohabitants enjoy no special rights. Thus when a cohabiting relationship ends, ownership of any assets will be decided by property law . The courts have no discretion to reallocate assets, as occurs on divorce . It is sometimes mistakenly claimed that before the Marriage Act 1753 cohabiting couples would enjoy

4661-439: The spouses were also civilly married to others. § 27 of the historical Jyske Lov , which covered Funen , Jutland and Schleswig in the years 1241–1683, reads: If anyone has a mistress in his home for three winters and obviously sleeps with her, and she commands lock and key and obviously eats and drinks with him, then she shall be his wife and rightful lady of the house. In the case of D. Velusamy v D. Patchaiammal (2010),

4740-558: The study of prehistoric earthworks in North America . He also contributed to the study of ancient Mesoamerican linguistics , in addition to work he had already completed in Europe. Rafinesque was an eccentric and erratic genius. He was an autodidact , who excelled in various fields of knowledge, as a zoologist, botanist, writer and polyglot . He wrote prolifically on such diverse topics as anthropology, biology, geology, and linguistics, but

4819-444: The subsequent increase in the number of couples living together and having children together outside marriage. Under Scots law , there have been several forms of "irregular marriage", among them: The Marriage (Scotland) Act 1939 provided that the first three forms of irregular marriage could not be formed on or after 1 January 1940. However, any irregular marriages contracted prior to 1940 can still be upheld. This act also allowed

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4898-615: The term de facto relationship is often used. Since March 1, 2009, de facto relationships have been recognized in the Family Law Act (Commonwealth), applicable in states that have referred their jurisdiction on de facto couples to the Commonwealth's jurisdiction. In Western Australia , the only state that has not referred its jurisdiction, state legislation is still valid. There is also no federal recognition of de facto relationships existing outside of Australia (see Section 51(xxxvii) of

4977-459: The term unmarried spouse in BC depends on the legal context. The criteria for a relationship being accepted as marriage-like include cohabitation for at least the specified period, unbroken by excessively long intervals that are unexplained by exigent circumstances. If dispute arises about whether the relationship was marriage-like , a court would consider a comprehensive set of further criteria including

5056-436: The term " mutations ". He believed that evolution had occurred "by gradual steps at remote irregular periods." This has been compared to the concept of punctuated equilibrium . He also held that the same processes apply to humans. In 1836, Rafinesque published his first volume of The American Nations . This included Walam Olum , a purported migration and creation narrative of the Lenape (also known by English speakers as

5135-435: The term and to the legal rights of unmarried partners (in addition to the actual status of the couple referred to). Common-law marriage is a marriage that takes legal effect without the prerequisites of a marriage license or participation in a marriage ceremony. The marriage occurs when two people who are legally capable of being married, and who intend to be married, live together as a married couple and hold themselves out to

5214-493: The term to identify the ethnicity of indigenous Caribbean peoples. Although mistaken in his presumption that the ancient Maya script was alphabetical in nature, Rafinesque was probably first to insist that studying modern Mayan languages could lead to deciphering the ancient script. In 1832, he was the first to partly decipher ancient Maya. He explained that its bar-and-dot symbols represent fives and ones, respectively. According to historian George Daniels, Rafinesque

5293-526: The third edition of On the Origin of Species published in 1861, Charles Darwin added a Historical Sketch that acknowledged the ideas of Rafinesque. Rafinesque's evolutionary theory appears in a two-page article in the 1833 spring issue of the Atlantic Journal and Friend of Knowledge (a journal founded by himself). Rafinesque held that species are not fixed; they gradually change through time. He used

5372-561: The time the couple had lived together continuously had to exceed 20 days. As in the American jurisdictions that have preserved it, this type of marriage can be difficult to prove. It is not enough for the couple to have lived together for several years, but they must have been generally regarded as husband and wife. Their friends and neighbors, for example, must have known them as Mr. and Mrs. So-and-so (or at least they must have held themselves out to their neighbors and friends as Mr. and Mrs. So-and-so). Also, like American common-law marriages, it

5451-501: The western scientific expeditions organized by President Thomas Jefferson , but received notice of appointment to the Dunbar and Hunter Expedition only after his arrival in Sicily. After studying the specimens collected by the Lewis and Clark expedition, he assigned scientific names to the black-tailed prairie dog ( Cynomys ludovicianus ), the white-footed mouse ( Peromyscus leucopus ), and

5530-419: The world as a married couple. The term "common-law marriage" is often used incorrectly to describe various types of couple relationships, such as cohabitation (whether or not registered) or other legally formalized relations. Although these interpersonal relationships are often called "common-law marriage", they differ from its original meaning in that they are not legally recognized as "marriages", but may be

5609-547: Was a brilliant but erratic naturalist who roamed the American wilderness. His style was offputting to the emerging professionalization of science and achievements were controversial at the time and by historians ever since. By 1820, he was virtually an outcast in the scientific community as all the important publications rejected his submissions. The two leading American scientists of the day, Benjamin Silliman and Asa Gray , were harshly critical. Modern historians agree that Rafinesque

5688-566: Was a difference between "live-in relationships", "a relationship in the nature of marriage", casual relationships and having a "keep". Only "a relationship in the nature of marriage" can afford the rights and protections conferred in the Domestics Violence Act of 2005 and Section 125 of the Criminal Code, which include alimony for the female partner (unless she leaves her partner for no reason, had an affair with another man, or left with

5767-445: Was also a brilliant teacher at Transylvania University. John Jeremiah Sullivan 's essay La-Hwi-Ne-Ski: Career of an Eccentric Naturalist , which appears in his 2011 collection, Pulphead , chronicles the life and times of Rafinesque. Common-law marriage The original concept of a " common-law " marriage is one considered valid by both partners, but not formally recorded with a state or religious registry, nor celebrated in

5846-739: Was born on 22 October 1783, in Galata , a suburb of Constantinople. His father, F. G. Rafinesque, was a French merchant from Marseilles ; his mother, M. Schmaltz, was of German descent and born in Constantinople. His father died in Philadelphia about 1793. Rafinesque spent his youth in Marseilles, and was mostly self-educated; he never attended university. By the age of 12, he had begun collecting plants for an herbarium . By 14, he had taught himself Greek and Latin because he needed to follow footnotes in

5925-524: Was honored in none of these fields during his lifetime. Indeed, he was an outcast in the American scientific community and his submissions were automatically rejected by leading journals. Among his theories were that ancestors of Native Americans had migrated by the Bering Sea from Asia to North America, and that the Americas were populated by black indigenous peoples at the time of European contact. Rafinesque

6004-550: Was loosely associated with John D. Clifford, a merchant who was also interested in the ancient earthworks that remained throughout the Ohio Valley. Clifford conducted archival research, seeking the origins of these mounds, and Rafinesque measured and mapped them. Some had already been lost to American development. He was elected a member of the American Antiquarian Society in 1820. Rafinesque started recording all

6083-435: Was often hasty, and tried to claim credit properly due to other researchers. Scientists were troubled that his theory of evolution – long before Darwin – seemed to be based more on his speculation and exaggerations than on solid research. Despite all his faults, says Daniels, "he made enormous contributions to the natural history phase of American science...with the establishment of 34 genera and 24 species of American fishes." He

6162-739: Was rebuilding his collection of objects from nature. In the summer of 1818, in Henderson, Kentucky , Rafinesque made the acquaintance of fellow naturalist John James Audubon , and stayed in Audubon's home for some three weeks. Audubon, although enjoying Rafinesque's company, took advantage of him by practical jokes involving fantastic, made-up species. In 1819, Rafinesque became professor of botany at Transylvania University in Lexington, Kentucky , where he also gave private lessons in French, Italian, and Spanish. He

6241-500: Was relatively common for couples to cohabit with no ceremony; cohabiting for a moderate period of time was sufficient to make it a marriage. Cohabiting for the purpose of marriage carried with it no social stigma. In medieval Europe, marriage came under the jurisdiction of canon law , which recognized as a valid marriage one in which the parties stated that they took one another as wife and husband, even in absence of any witnesses. The Catholic Church forbade clandestine marriage at

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