Law -- England; Poor -- England; Poor laws -- England; Working class -- England
I explained the law in relation to dogs and tally-men as well as I could,
and my friend was good enough to say when I had finished:
"Well, I quite see you 'ad to make me pay as the law stands, but it don't
seem to me just. If you can't 'ave a dorg, how can you keep them fellows
out of the house?"
That was more than I could answer. We parted friends--and there was, I
think, a mutual feeling between us that the law of dogs in relation to
tally-men was not all it should be.
And many laws that are made for the best purposes are wrested from their
beneficent uses by the wicked ones of the world and turned to the basest
advantages. No legislation was hailed with greater delight by social
reformers than the Married Women's Property Act, and yet one must admit
that the fraudulent use of its provisions is a commonplace. I am not
suggesting that it is mainly against the poor that it is misused, though I
have known of cases under the Workmen's Compensation Act where goods were
alleged to be "in the wife's name" after an award had been made against
the husband, and many a poor tradesman and small worker is swindled by
this allegation, the victim not having the money to test it in a court of
law, and the result being in any case so gloriously uncertain. I am sorry
to put matrimony among the flat-traps, but the use of the married status
among the dishonest to prevent a successful litigant from obtaining the
results of a judgment brings it within this category. Even the poorer
classes themselves are beginning to make use of it as a kind of homestead
law to protect their goods from execution.
Much as I am in favour of seeing the poor man's home protected to a larger
degree than it is at present I do not care to see it achieved at the
expense of the character of the occupants. Any law that is a constant
temptation to dishonesty is an evil, and there is no doubt that when the
day comes for legal reform on a large scale, the various questions
relating to the position of the married woman in the eye of the law will
have to be considered. In many cases, of course, the reforms will be
towards the enlargement of women's liberty, but in the matter of holding
property it is clear that where a wife or a husband is tacitly allowing
credit to be obtained on his or her appearance of property that property
should be available to discharge the debt notwithstanding that it is
claimed as the special property of one or the other.
Menander, the Greek poet, in one of his comedies makes someone say, "To
marry a wife, if we regard the truth, is an evil, but it is a necessary
evil." If this was true in 300 B.C. it became more convincingly the truth
in 1882 A.D., when the Married Women's Property Act became law, and the
"peculiar gift of heaven" was welcomed by the unscrupulous trader as a
statutory stay of execution. Since that day the Micawbers of this world
have put all their available assets "in the wife's name."
Public-domain text, read in full here on John Shaqi.
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