Notes and Queries, Number 175, March 5, 1853: A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc.Various
History
Notes and Queries, Number 175, March 5, 1853: A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc.
Various
Questions and answers -- Periodicals
As for its effects, in so far as involved in MR. BRETT'S Query, no such
provision exists, or ever did exist, in the Scotch law of marriage, as that
children, to be legitimatised _per subsequens matrimonium_, must be under
their mother's apron strings. In its effects, as well as in its
constitution, the contract of marriage in Scotland is ruled by the
principles of the civil law; and _all_ the children of the spouses, born
before marriage, are legitimated _per subsequens matrimonium_, whether, at
the time the ceremony is performed, they be "under the apron strings" or
not. The old theory was, that marriage being a consensual contract, the
constitution of the rights and obligations arising from it drew back to the
date of the consent; which, in the case of parties who had previously had
connexion, was presumed in law to be the date of the connexion. This theory
has of late been somewhat impaired by the decision of the Court of Session,
in the case of Kerr _v._ Martin. See Dunlop Bell and Murray's _Reports of
Cases decided in the Court of Session_, vol. ii. p. 752. The soundness of
that decision is still matter of controversy in the profession; but I may
refer MR. BRETT to it as containing a full and able discussion of the whole
principles on which the Scotch law of marriage is founded.
AN ADVOCATE.
I remember that my brother, when curate of a parish in Lincolnshire between
1838 and 1844, married a woman enveloped only in a sheet. He was of course
startled at the slenderness of her apparel; but as all the requisitions of
the law had been complied with, he did not feel himself at liberty to
refuse. He contented himself, therefore, with addressing the numerous
congregation on the behaviour he expected from them at a religious
ordinance, and all went off well. The reason for the bride so presenting
herself, was of course the popular opinion, that her new husband would not
be liable for her debts.
ANON.
* * * * *
PHOTOGRAPHIC NOTES AND QUERIES.
_Mr. Weld Taylor's Process._--As I presume the object of publishing
Photographic Notes, &c., is to aid those who are _not proficients_ in the
processes indicated, MR. WELD TAYLOR must not take umbrage at his first
communication being misunderstood, whether unavoidably or wilfully, as I am
sure the former must have been the case with all novices in the
photographic art at least; however, I had no intention whatever of offering
any annoyance to MR. TAYLOR in my remarks, which were intended solely with
a view to produce an effect which has partially been successful, that of
exciting a more definite explanation of his meaning. That MR. WELD TAYLOR
may "enlighten" me is not only possible, but very probable, and I can only
say I shall be much obliged to him for so doing.
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