Blackwood's Edinburgh Magazine, Volume 64, No. 393, July 1848Various
History
Blackwood's Edinburgh Magazine, Volume 64, No. 393, July 1848
Various
England -- Periodicals; Scotland -- Periodicals
the side of the lawyers.
The person whose consent is to be obtained (whoever that mysterious
person may be) is, as we have seen, to be born after the date of
the act. In conformity with this principle, one would have supposed
that where the next heir-substitute shall have been born before
that date, then it should be necessary to obtain the consent of the
first person entitled to take _per formam doni_, who shall be born
after this date, together with the consent of all those who are to
take before him. The third clause, however, introduces a new form of
protection to the settlement, and merely enacts that, in such cases,
the consent of a certain number of the heirs-substitute is to be
obtained, (the blank left for the number was filled up with the word
"three" in committee of the House of Commons. Nothing said about the
issue in tail, as before.
Where the main enactments of the bill are so incomprehensible, it
is useless to dwell on its details. We can only say, that whatever
evils may be shown to exist under the present law, they will not
only fail to be cured, but must be aggravated tenfold, by such a
product of off-hand legislation--
"Sent before its time
Into this breathing world, scarce half made up,
And that so lamely and unfashionable,"
that it must necessarily die of its own deformity, unless the
law-courts will lick it into shape by their decisions,--a shape (as
it must be) in which its own parents would not know it again.
The law of real property in France exhibits a system so distinctly
antagonistic to our English and Scottish law of entail, that we
cannot be surprised at the attention with which Mr M'Culloch has
investigated its influences.
"According to the law of France, a person with one child may
dispose at pleasure of a moiety of his property, the child
inheriting the other moiety as legitim, or matter of right; a
person having two children can only dispose of a third part
of his property; and those having more than two must divide
three-fourths of their property equally amongst them, one-fourth
part being all that is then left at their disposal. When a
father dies intestate, his property is equally divided among his
children, without respect to sex or seniority. Nothing can be
more distinctly opposed to the principles we have endeavoured
to establish, and to the system followed in this country, than
this law. It is therefore lucky that it is now no novelty. It
has been established for more than half a century, so that we
may trace and exhibit its practical influence over the condition
of the extensive population subject to its operation. Such an
experiment is of rare occurrence, but when made is invaluable.
And if its results should confirm the conclusions already
come to, it will go far to establish them on an unassailable
basis."--P. 80-81.
Public-domain text, read in full here on John Shaqi.
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