[562] For additional examples of the coexistence of real or pretended capture with purchase or its allied forms, see especially KOHLER, "Studien," _ZVR._, V, 334-68; _idem_, "Indische Gewohnheitsrechte," _ibid._, VIII, 264 (Orissa); _idem_, "Ueber das Recht der Papuas," _ibid._, VII, 378, 379 (actual purchase and capture _de facto_); also POST, _Familienrecht_, 138 ff., 142 ff., 147 ff.; WESTERMARCK, _op. cit._, 383, 384, 386-88, 399, 401; MCLENNAN, _Studies_, I, 38, 39; LETOURNEAU, _op. cit._, 120, 126, 144. If, now, the cases in which capture and purchase appear together be carefully examined, decisive evidence is disclosed that the purchase contract is really the normal form of marriage, while capture is usually, if not always, merely an exceptional, even illegal, means of procuring a wife. It is not surprising, for instance, that uncivilized races, with well-established marital institutions, should occasionally steal women from hostile tribes. Thus the Macas Indians of Ecuador "acquire wives by purchase, if the woman belongs to the same tribe, but otherwise by force."[563] In Australia wives are often, perhaps usually, procured by exchange or purchase; and a girl is generally betrothed when a child, sometimes as soon as she is born.[564] Actual woman-capture exists. But, as shown by Mr. Howitt's researches and those of Spencer and Gillen, marriage with a captured woman is only permitted when the captor and the captive belong to groups which may legally intermarry. Death is sometimes the penalty for violation of the class rules in this regard. The result is that in Australia woman-stealing "amounts merely to a violent extension of the marital rights over a class in one tribe to captured members of the corresponding class in another tribe." Furthermore, if the native songs prove the existence of wife-stealing, they also bear witness in the most decisive manner to love and choice in Australian marriage.[565] [563] WESTERMARCK, _op. cit._, 383. [564] FISON AND HOWITT, _Kamilaroi and Kurnai_, 276, 285, 343 ff., 347, 348, 352-56; KOHLER, "Das Recht der Australneger," _ZVR._, VII, 351, 352; CURR, _The Australian Race_, I, 107; POST, _Familienrecht_, 205, 206; WESTERMARCK, _op. cit._, 390; MCLENNAN, _op. cit._, I, 40. By the _Tualcha mura_ custom, above referred to, a daughter is promised _before_ she is born: SPENCER AND GILLEN, _Native Tribes of Cent. Australia_, 554-60.