Marriage, As It Was, As It Is, and As It Should Be: A Plea for Reform — John Shaqi
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
From these three great fundamental wrongs flow a large number of legal
disabilities. Take the case of a prisoner accused of misdemeanour; he is
often set free on his own recognizances; but a married woman cannot be
so released, for she is incapable of becoming bail or of giving her own
recognizances; she is here again placed in bad company: "no person
who has been convicted of any crime by which he has become infamous
is allowed to be surety for any person charged or suspected of an
indictable offence. Nor can a married woman, or an infant, or a prisoner
in custody, be bail" (Archbold, p. 88). Let us now suppose that a woman
be accused of some misdemeanour, and be committed for trial: she desires
to have her case tried by a higher court than the usual one, and wishes
to remove the indictment by writ of _certiorari_: she finds that
the advantage is denied her, because, as a married woman, she has
no property, and she cannot therefore enter into the necessary
recognizances to pay costs in the case of a conviction. Thus a married
woman finds herself placed at a cruel disadvantage as compared with an
unmarried woman or with men.
In matters of business, difficulties arise on every hand: a married
woman is incapable of making a contract; if she takes a house without
her husband's knowledge and without stating that she is married, the
landlord may repudiate the contract; if she states that she is married,
the landlord knows that she is unable to make a legal contract, and
refuses to let or lease to her, without heavy security. If she buys
things she cannot be sued for non-payment without making the husband a
defendant, and she consequently finds that she has no credit. If she
is cheated, she cannot sue, except in cases covered by the recent
Acts, without joining her husband, and so she has often to submit to be
wronged. "A _feme covert_ cannot sue without her husband being joined as
co-plaintiff, so long as the relation of marriage subsists. It matters
not that he is an alien, and has left the country; or that, being a
subject, he has absconded from the realm as a bankrupt or for other
purpose; or that he has become permanently resident abroad; or that they
are living apart under a deed of separation; or have been divorced _a
mensâ et thoro_; for none of these events dissolve or work a suspension
of the marriage contract, and so long as that endures, the wife
is unable to sue alone, whatever the cause of action may be. This
disability results from the rule of law which vests in the husband not
only all the goods and chattels which belonged to the wife at the time
of the marriage, but also all which she acquires afterwards" (Lush's
"Common Law Practice," 2nd ed., pp. 33, 34). The same principle governs
all suits against a married woman; the husband must be sued with her:
"In all actions brought against a _feme covert_ while the relation of
marriage subsists, the husband must be joined for conformity, it being
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account