A brief summary in plain language of the most important laws concerning women : $b together with a few observations thereonBodichon, Barbara Leigh Smith
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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
2. By the solemn mutual declaration of a man and woman, either verbally
or in writing, expressing that the parties consent to take each other
for husband and wife.
3. By notorious cohabitation as man and wife.
Persons living in England and having illegitimate children, cannot by
going to Scotland, there marrying, and then returning, legitimatise
their children in England. A domicile (or abiding home) in Scotland,
and a marriage of the father and mother, legitimatises the children in
Scotland whenever born.
[Sidenote: Foreign marriages valid.]
Lawful marriages in foreign countries are valid in England unless they
are directly contrary to our laws.
Marriage with a deceased wife’s sister is valid in England, if it has
been celebrated in a country where such marriage is legal, provided the
parties were at the time of the marriage domiciled in such country.
[Sidenote: Married women no legal existence.]
A man and wife are one person in law; the wife loses all her rights as
a single woman, and her existence is entirely absorbed in that of her
husband. He is civilly responsible for her acts; she lives under his
protection or cover, and her condition is called coverture.
[Sidenote: A husband has a right to the person of his wife.]
A woman’s body belongs to her husband; she is in his custody, and he
can enforce his right by a writ of _habeas corpus_.
[Sidenote: Her personal property becomes his.]
What was her personal property before marriage, such as money in hand,
money at the bank, jewels, household goods, clothes, etc., becomes
absolutely her husband’s, and he may assign or dispose of them at his
pleasure whether he and his wife live together or not.
[Sidenote: He takes her chattels real.]
A wife’s _chattels real_ (_i.e._, estates held during a term of years,
or the next presentation to a church living, etc.) become her husband’s
by his doing some act to appropriate them; but, if the wife survives,
she resumes her property.
[Sidenote: Equity.]
_Equity_ is defined to be a correction or qualification of the law,
generally made in the part wherein it faileth, or is too severe. In
other words, the correction of that wherein the law, by reason of its
universality, is deficient. While the Common Law gives the whole of a
wife’s personal property to her husband, the Courts of Equity, when
he proceeds therein to recover property in right of his wife, oblige
him to make a settlement of some portion of it upon her, if she be
unprovided for and virtuous.
If her property be under £200, or £10 a-year, a Court of Equity will
not interpose.
[Sidenote: Her right to support.]
Neither the Courts of Common Law nor Equity have any direct power to
oblige a man to support his wife--the Ecclesiastical Courts (_i.e._,
Courts held by the Queen’s authority as governor of the Church, for
matters which chiefly concern religion) and a Magistrate’s court at the
instance of her parish alone can do this.
[Sidenote: His power over her real property.]
Public-domain text, read in full here on John Shaqi.
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