A brief summary in plain language of the most important laws concerning women : $b together with a few observations thereon — John Shaqi
A brief summary in plain language of the most important laws concerning women : $b together with a few observations thereonBodichon, Barbara Leigh Smith
History
A brief summary in plain language of the most important laws concerning women : $b together with a few observations thereon
Bodichon, Barbara Leigh Smith
Women -- Legal status, laws, etc. -- Great Britain
Matrimony is a civil and indissoluble contract between a consenting man
and woman of competent capacity.
[Sidenote: Prohibitions.]
These marriages are prohibited:--A widower with his deceased wife’s
sister; a widow with the brother of her deceased husband; a widower
with his deceased wife’s sister’s daughter, for she is by affinity in
the same degree as a niece to her uncle by consanguinity; a widower
with a daughter of his deceased wife by a former husband; and a widower
with his deceased wife’s mother’s sister. Consanguinity or affinity,
where the children are illegitimate, is equally an impediment.
A lunatic or idiot cannot lawfully contract a marriage, but insanity
after marriage does not make the marriage null and void.
A lunatic may contract a marriage during a lucid interval. Deaf and
dumb people may marry by signs.
The consent of the father or guardians is necessary to the marriage of
an _infant_ (_i.e._, a person under twenty-one), unless the marriage
takes place by banns. The consent of the mother is not necessary if
there be a father or a guardian appointed by him.
[Sidenote: Bigamy.]
A second marriage while a husband or wife is living is absolutely void,
and, except under certain circumstances, which raise a presumption
of ignorance of the fact of the former husband or wife being alive,
felony, and punishable by transportation.
[Sidenote: Breach of promise.]
An agreement to marry made by a man and woman who do not come under
any of these disabilities, is a contract of betrothment, and either
party can bring an action upon a refusal to complete the contract in a
superior court of Common Law.
[Sidenote: Celebration Banns.]
Marriages may be celebrated as a religious ceremony after the requisite
public proclamations or banns, or as a secular form.
[Sidenote: Civil marriage.]
[Sidenote: Superintendent Registrar.]
The object of the Act[2] for authorising civil marriages was to
relieve Dissenters and those who could not conscientiously join in
the formulary of the Church. Due provision is made for necessary
publicity, and the marriage can be legally contracted in a Register
Office, or in the presence of the Registrar in a place licensed for the
purpose. Marriages in the Church of England (without banns or license),
marriages of Quakers, Jews, Dissenters, and Roman Catholics, and
marriages according to the civil or secular form, must be preceded by a
given notice from one of the parties to the Superintendent-Registrar of
the district.
[Sidenote: Scotch marriages.]
The marriage law of Scotland is founded upon the _Canon Law_ (_i.e._,
rules drawn from Scriptures and the writings of the Church). In
Scotland there are regular and irregular marriages. Irregular marriages
are legal without any ceremony, and are of three sorts.
1. By a promise of marriage given in writing or proved by a reference
to the oath of the party, followed by consummation.
Public-domain text, read in full here on John Shaqi.
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