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. R. 153.
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.
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