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
The law, as it stands at present, is the old Common Law, modified by
the Acts of 1870 and 1873. Archbold says--dealing with indictments for
theft--"Where the person named as owner appears to be a married woman,
the defendant must, unless the indictment is amended, be acquitted...
because in law the goods are the property of the husband; even though
she be living apart from her husband upon an income arising from
property vested in trustees for her separate use, because the goods
cannot be the property of the trustees; and, in law, a married woman
has no property" (Archbold's "Criminal Cases," p. 43). Archbold gives as
exceptions to this general rule, where a judicial separation has taken
place, where the wife has obtained a protection order, or where the
property is such as is covered by the Married Women's Property Act,
1870. "Where a married woman lived apart from her husband, upon an
income arising from property vested in trustees for her separate use,
the judges held that a house which she lived in was properly described
as her husband's dwelling-house, though she paid the rent out of her
separate property, and the husband had never been in it. R. v. French,
R. v. R., 491" (Ibid, p. 521). If a burglary be committed in a
house belonging to a married woman, the house must be said to be the
dwelling-house of her husband, or the burglar will be acquitted; if she
be living separate from her husband, paying her own rent out of money
secured for her separate use, it makes no difference; it was decided, in
the case of Rex v. French, that a married woman could own no property,
and that the house must, therefore, belong to the husband. If a married
woman picks up a purse in the road and is robbed of it, the property
vests in the husband: "Where goods are in the possession of the wife,
they must be laid as the goods of her husband; thus, if A is indicted
for stealing the goods of B, and it appears that B was a _feme covert_
at the time, A must be acquitted. And even if the wife have only
received money as the agent of another person, and she is robbed of that
money before her husband receives it into his possession, still it
is well laid as his money in an indictment for larceny. An indictment
charging the stealing of a £5 Bank of England note, the property of E.
Wall, averring, in the usual way, that the money secured by the note
was due and payable to E. Wall; it appeared that E. Wall's wife had
been employed to sell sheep belonging to her father, of or in which her
husband never had either possession or any interest, and she received
the note in payment for the sheep, and it was stolen from her before
she left the place where she received it. It was objected that the note
never was the property of E. Wall, either actually or constructively;
the money secured by it was not his, and he had no qualified property in
it, as it never was in his possession; but it was held that the property
was properly laid" (Russell on Crimes, 5th ed., vol. ii., pp.
Public-domain text, read in full here on John Shaqi.
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