Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
“The remedy of judicial separation had been extended and kept alive
to satisfy the feeling that something ought to be done to protect the
feelings of husbands and wives while not offending the ecclesiastical
conscience. To his mind, JUDICIAL SEPARATION WAS A WICKED PROVISION
OF THE LAW, WITH A VERY HIGH PROBABILITY OF ADULTERY BY THE SEPARATED
PARTIES.
“The vexed question of divorce appeared to have slumbered for about
50 years. In May, 1902, he introduced a Bill in the House of Lords to
increase the causes for divorce, to assimilate the practice of the
Divorce Court to some extent to that of other divisions of the High
Court, TO RELIEVE POOR PEOPLE BY ENABLING THEM TO BRING THEIR SUITS
IN THE COUNTY COURT, and TO PROVIDE FOR LEGITIMATION BY SUBSEQUENT
MARRIAGE and for marriage with the deceased wife’s sister, afterwards
dealt with in a separate Bill.
“_The Chairman._--Would you recapitulate the grounds which you then
proposed?
“The witness said the grounds, in addition to adultery, were:--That
since the marriage the other party to the marriage has been guilty of
cruelty to the petitioner; that the other party to the marriage is
undergoing penal servitude for a term of not less than three years;
that the other party to the marriage has during the year preceding
the presentation of the petition been found or certified to be of
unsound mind under the Lunacy Act, 1890; that during the three
years preceding the presentation of the petition the parties to the
marriage have lived apart, and that throughout that period either of
the parties did not intend to resume cohabitation; that during the
year preceding the presentation of the petition the parties to the
marriage have lived apart, and that the other party concurs in the
petition.
“He introduced three other Bills on a smaller scale providing for
divorce in the case of desertion in 1903, 1905, and 1906. The first
and second were unanimously rejected; three voted for the third; the
Government whips told against the fourth, and it therefore received
no support.
Public-domain text, read in full here on John Shaqi.
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