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
(7) The system of granting financial provision, _i.e._, alimony, to
an untainted wife who petitions, to stand on the present basis. Also,
damages against a co-respondent to stand.
(8) The elimination from a petition of the allegation of “cruelty”
which now has to be proved by a petitioning wife before she can obtain
a divorce. Adultery without “cruelty” to form a foundation for a
successful petition.
(9) The donation of powers to grant divorce to all County Court
judges, for purposes of expediency in connection with the poor.
These seem the principal points associated with “what the public wants”
in this age of a better appreciation of the “nature of the beast”--Man,
or more correctly, Mankind.
FOOTNOTES
[2] See Appendix A.
[3] Pretty _v._ Pretty.
[4] “In granting the application of a Paris doctor for restitution of
conjugal rights, the judges have made an interesting new departure by
fixing a penalty of £4 for every day’s delay in complying with the
order of the Court. They consider this the most practical means of
bringing the recalcitrant wife to reason.”--_Pall Mall Gazette._
[5] Lord Mackenzie in _Studies in Roman Law with Comparative Views of
the Laws of France, England, and Scotland_.
CHAPTER II
DEATH AND BURIAL[6]
The office of the coroner dates back for many centuries, but it has
never grown to much importance, despite the blazing interest which
sometimes attaches to it during the preliminaries leading up to a
notorious murder trial. The coroner may be any one of a great variety
of things from a barrister to a doctor, from a solicitor to a man
who can just read and write. It is this variation in qualification
which has perhaps helped to prompt the persons responsible for the
introduction of the new Bill--The Coroners’ Law and Death Certification
(Amendment) Bill.
Too little regard is paid to death by most people, beyond the matter
of testamentary disposition, and even that is often neglected. Death
deserves as much consideration as life itself, and to neglect its
contemplation exhibits a certain want of foresight. It may be that
from time immemorial it has savoured of supernatural association, but
after all it is the most ordinary incident of nature to which we are
subject. One has no hesitation in giving the laws relating thereto the
advantage of publicity, for the simple reason that they should be no
less interesting than intimate essays on the rules regulating divorce,
or marriage, or any other peculiarly human question.
Some estimate of the purpose of the new Coroners’ Bill, will be found
in the following _Memorandum_:
“This Bill, which does not apply to Scotland or Ireland, is intended to
remove certain anomalies in the law relating to coroners and inquests,
and to the certification of deaths, disclosed by reports of several
committees during recent years.
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