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 Rev. Mr. Shaw, of Dulwich, said she had been in his service
sixteen months, but left a week ago to enter the service of the sister
of a great friend of hers. The situation was a great disappointment to
her, however, for ‘she was accustomed to be in rather refined service,’
and she complained that she was unable to wear any of her new frocks.
The result was that she left, and her great friend had thrown her over;
hence her position in the dock.
“Mr. Paul Taylor remanded her, saying he had never known a woman to
attempt suicide for less adequate reasons.
“The other defendants were men. Two were remanded, and the third was
discharged, as he denied that he wanted to kill himself--he bought the
laudanum found on him for his teeth.”--_Current Evening Paper._
[31] Reference to Grand Juries reminds one that the late Mr. Justice
Stephen (Sir James Fitz-James Stephen) “expressed his inability to
understand why a man should be presumed to be innocent when a Grand
Jury have sworn that they thought him guilty.” (Mr. A. T. Carter,
D.C.L.) It has been pointed out to the writer, by the way, that
the members of a Grand Jury sometimes throw out a bill, because,
“Otherwise, what are we here for?” In other words, without applying
any very special discrimination, they take upon themselves a function
opposed to the expert judgment of the committing magistrate, who has
heard all the evidence.
CHAPTER IX
LEGITIMATION[32]
The legitimation of natural children by the subsequent marriage of
their parents does not apply in England. It is for many reasons a
defect in the law that this should be so, inasmuch as the process of
_legitimatio per subsequens matrimonium_ often rights a wrong and does
justice to those who are kept out of a natural right by the unnatural
state of the law.
The only way by which the ordinary law can be surmounted respecting
the legitimation of natural children in this country is by means of a
Private Act of Parliament, an expensive, if not a difficult, instrument
to obtain. Among persons of limited income, the financial expenditure
necessary is a definite barrier.
Public-domain text, read in full here on John Shaqi.
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