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
alone can sue if she is libelled or suffers a personal injury; while all
the husband is compellable to do for her is to pay for necessaries. It
is astonishing that a law founded on such principles should have
survived to the nineteenth century."
A quotation from a later debate finds its fit place here: Mr. Hinde
Palmer, in moving (February 19, 1873) the second reading of the Married
Woman's Property Act (1870) Amendment Bill, pointed out that the common
law was, that by marriage "the whole of a woman's personal property was
immediately vested in her husband, and placed entirely at his disposal.
By contracting marriage, a woman forfeited all her property. In 1868,
the Chancellor of the Exchequer, Mr. Lowe, said: 'Show me what crime
there is in matrimony that it should be visited by the same punishment
as high treason--namely, confiscation, for that is really the fact.' Mr.
Mill, too, speaking on that question, said that a large portion of the
inhabitants of this country were in the anomalous position of having
imposed on them, without having done anything to deserve it, what we
inflicted on the worst criminals as a penalty: like felons, they were
incapable of holding property."
Some great and beneficial changes were made by the Acts of 1870 and
1873, although much yet remains to be done. By the Act of 1870, the
wages and earnings of married women were protected; they were made
capable of depositing money in the savings' banks in their own names;
they might hold property in the Funds in their own names, and have the
dividends paid to them; they might hold fully-paid up shares, or stock,
to which no liability was attached; property in societies might be
retained by them; money coming to a married woman as the next-of-kin, or
one of the next-of-kin to an intestate, or by deed or will, was made
her own, provided that such money did not exceed £200; the rents and
profits of freehold, copyhold, or customary-hold property inherited by
a married woman were to be her own; a married woman might insure her
own or her husband's life; might, under some circumstances, maintain
an action in her own name; married women were made liable for the
maintenance of their husbands and children. The Act of 1873 relates
entirely to the recovery of debts contracted by the woman before
marriage. It will be perceived that these Acts are very inadequate as
regards placing married women in a just position towards their property,
but they are certainly a step in the right direction. The Acts only
apply to those women who have been married subsequently to their
passing.
One great omission in them will have to be promptly remedied, both for
the sake of married women and for the sake of their creditors: while a
married woman now may, under some circumstances, sue, no machinery is
provided whereby she may be sued--without joining her husband.
Public-domain text, read in full here on John Shaqi.
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