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IiXVI.—LEGAL NOTES.
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-^ ¦ In the present and future numbers o...
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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: I : . - ¦ .. - ( . 384 ¦ ¦¦ ¦ •>¦ . - ...
: : . - ¦ .. - ( . 384 ¦ ¦¦ ¦ •>¦ . - ¦¦ >
Iixvi.—Legal Notes.
IiXVI . —LEGAL NOTES .
-^ ¦ In The Present And Future Numbers O...
- _^ ¦ In the present and future numbers of the English Woman ' * _JovJBiKAL ,. we propose to publish a selection of current law cases , ;
for the purpose of illustrating the legal status of women , especially in We respect shall no to t en their ter in power to the of more acquiring recondi , te or arcan disposing a of * jurisprudence of , property . _^
at the same time , we shall treat of the decisions in their relation to > first principles . We fear that many of our selected cases will show _^
a sad _yrant of legal experience on the part of our countrywomen , and will point out rather errors to _Tbe avoided than principles that
are judiciously acted upon . As history has not been inaptly described to be " philosophy teaching bexamles" we shall
endeavor to propound our legal theorems as morals p deduced , from the cases we shall selectand thus resented to our readers in as
interesting a form as , a legal narrative p will admit ofwithout ceasing to fulfil its chief office . , :
HOUSE OF IOKDS . _Stuart V- Lady Elizabeth Moore and Lieutenant-Colonel Crichtoti
Stuart , reported in the Jurist" Dec . 7 , 1861 . tion This of guardian case involved ship in a very respect interesting to an infant and who a very was difficult domiciled ques in
-Scotland , but the greater part of whose vast property was situated in England . As the law of the guardianships of infants is , perhaps
a branch of jurisprudence above all others interesting to the _^ maternal heart , we shall first briefly state the general law on this
subject , before we proceed to elucidate its application by the highest tribunal in the present case . We may here observe , that
decisions of the House of Lords liave the force of an Act of Parliamentas the House never overrules any of its own decisionsand
, , we need hardly add they cannot be rejected by any inferior court . Prior to "the 12 th Chas . II . c . 24 the Act for the Abolition of
_Military Tenures , a father had no power to appoint a guardian to his child . His guardianship belonged of right to the next of kin to
whom the land could not descend . But that Act , on abolishing military tenures , directed that the father might in future appoint by
"will a guardian to his child . The father during his lifetime is of course entitled of right to the guardianshiof his children . After
his death , the mother is the person next entitled p , and , so on , all the other ancestors are necessarily entitled in their order of
proximity-[ Parents and ancestors are called guardians by nature , but , if thefather so choosehe may defeat by will the claims of all these and
even of the mother , . If the father be proved to be guilty of crueltycorruptionor
injury , or even of mere prodigality , the mother will , be preferred ,
to him as a guardian for their children . If , after the father ' s
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Citation
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English Woman’s Journal (1858-1864), Feb. 1, 1862, page 384, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ewj/issues/ewj_01021862/page/24/
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