Marriage, As It Was, As It Is, and As It Should Be: A Plea for ReformBesant, Annie
Philosophy
Marriage, As It Was, As It Is, and As It Should Be: A Plea for Reform
Besant, Annie
Marriage -- Great Britain; Marriage law -- Great Britain
reduced choses in action into possession, he does not become entitled by
survivorship; nevertheless, he may, by becoming her administrator, gain
a title. Chattels in possession, such as ready money and the like, vest
absolutely in the husband, and he may deal with them, either whilst
living, or by his will, as he pleases. Where the interest of the wife
is reversionary, the husband's power is but small; unless it falls into
possession during the marriage, his contracts or engagements do not bind
it" ("Comm, on the Laws of England," Broom and Hadley, vol. ii., pp.
618, 619). So highly does the law value the claims of a husband that it
recognizes them as existing even before marriage; for if a woman who
has contracted an engagement to marry dispose of her property privately,
settle it on herself, or on her children, without the cognizance of the
man to whom she is engaged, such settlement or disposition may be set
aside by the husband as a fraud.
So cruel, as regards, property, was felt to be the action of the common
law, that the wealthy devised means to escape from it, and women of
property were protected on their marriage by "marriage settlements,"
whereby they were contracted out of the law. A woman's property was
by this means, "settled on herself;" it was necessary to treat her as
incapable, so her property was not in her own power but was vested in
trustees for her separate use; thus che principal, or the estate, was
protected, but the whole interest or rental, as before, could be taken
by the husband the moment it was received by the wife; her signature
became necessary to draw it, but the moment it came into her possession
it ceased to be hers. The next step was an attempt to protect women's
money in their own hands; terrible cases of wrong were continually
arising: men who deserted their wives, and left them to maintain the
burden of a family, came back after the wife had accumulated a little
property, sold the furniture, pocketed the proceeds, and departed,
leaving the wife to recommence her labours. Orders of protection were
given by magistrates, but these were not found sufficient. At last,
parliamentary interference was called for with an urgency that could
no longer be resisted, and a Bill to amend the laws relating to married
women's property was introduced into the House of Commons. How sore was
the need of such amendment may be seen from the following extracts:--
Public-domain text, read in full here on John Shaqi.
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