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
The law cannot dissolve a lawful marriage; it is only by the act of
the legislature altering the law in this particular instance that
such dissolution can be effected. It requires an Act of Parliament to
constitute a divorce _à vinculo matrimonii_, but the investigation
rests by usage with the Lords alone, the House of Commons acting upon
the faith that the House of Lords came to a just conclusion.
This divorce is pronounced on account of adultery in the wife, and in
some cases of aggravated adultery on the part of the husband.
The expenses of only a common divorce bill are between six hundred and
seven hundred pounds, which makes the possibility of release from the
matrimonial bond a privilege of the rich.
A wife cannot be plaintiff, defendant, or witness in an important part
of the proceeding for a divorce, which evidently must lead to much
injustice.
LAWS CONCERNING A WIDOW.
[Sidenote: Her property.]
A widow recovers her real property, but if there be a settlement she
is restricted by its provisions. She recovers her chattels real if her
husband has not disposed of them by will or otherwise.
[Sidenote: A wife’s paraphernalia.]
A wife’s paraphernalia (_i.e._, her clothes and ornaments) which her
husband owns during his lifetime, and which his creditors can seize for
his debts, becomes her property on his death.
[Sidenote: Her liabilities.]
A widow is liable for any debts which she contracted before marriage,
and which have been left unpaid during her marriage.
A widow is not bound to bury her dead husband, it being the duty of his
legal representative.
[Sidenote: A widow’s one-third.]
If a man die intestate, the widow, if there are children, is entitled
to one third of the personalty; if there are no children, to one half:
the other is distributed among the next of kin, among whom the widow is
not counted. If there is no next of kin, the moiety goes to the crown.
A husband can, of course, by will deprive a wife of all right in the
personalty.
[Sidenote: Quarantine.]
A right is granted in Magna Charta to a widow to remain forty days in
her husband’s house after his death, provided she do not marry during
that time.
[Sidenote: Dower.]
A widow has by law a _right of dower_ of her husband’s freehold lands,
which is a right to the possession of a third of them during her life,
and a right called _freebench_ to a portion of his copyholds, but these
rights are generally taken away by settlements or conveyances, giving
the wife a jointure. If she accept a jointure she has no claim to dower.
LAWS CONCERNING WOMEN IN OTHER RELATIONSHIPS.
[Sidenote: Agent.]
A woman can act as agent for another, and, as an attorney, legally
execute her authority. A wife can so act if her husband do not dissent.
[Sidenote: Trustee.]
An unmarried woman can be vested with a trust, but if she marry, the
complexities and difficulties are great, from her inability to enter
alone into deeds and assurances.
[Sidenote: Executrix.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account