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EEG4I*. NOTES. 389
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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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.
Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.
-^ ¦ In The Present And Future Numbers O...
ordinary form , becomes , by her acceptance , not her own , but heir _Jiusband _' s property ; while she can dispose of no part of her
husband ' s property , not eyen of the means which she herself may have _Ibrouht him by her marriageor to which she may have succeeded
Iby gift g or will . This general , rule of law admits of but a few exceptions . These are cases in which the wife is considered "by the
public , and consequently by the law , to act as the agent of the husband in the same way that he might have commissioned a friend
or a servant , to conduct a certain portion of his business . She may also bind her husband by her contractsso far as necessaries for
_Jierself are concerned , provided that he , has not already supplied her with such . But if of her own accord , and not as agent for her
husband , she enter into any contract either for goods or services of In any Is not life kin , b and ound d whatever with by such which which contract she are has . not not In necessaries " short been supp the lied legal suited by status h to her hus of condition b the and wife , he
Is the , as husband a genera . l This rule , is to the all case intents where and there , purposes has been merged no settlement in that of
executed on marriage _^ or so far as such settlement does not extend to all the property present or future of the wife ' s . Butif the wife
, wishes to evade this rule of law and to retain either plenary or partial of disposition over her own propertyshe may aeconi _^
plish this powers by means of a settlement properly framed , wherein the husband or some other party is named trustee . By such a legal
device property may be settled in a manner that will give the wife .. all the control over it which she would have had if she continued to
be a single person or , as it is termed in legal parlance , a feme sole . The foregoing remarks are intended to give a general outline of
the leading principles of our matrimonial law , in its relation to marital rihts over the wife ' s property . We have assumed that a
legal marri g age has been solemnized between the parties . But , if the marriage be invalid in a legal point of view , then , in such case ,
even though it should be binding upon the consciences of the parties less by reason it has of no its legal conformit validit y y to so the as to rules affect of the their control religion of , each neverthe part - y _^
over , his or her property respectively . For much greater reason the legal will m it arriage form not , have but have also this been as effect celebrated contr , if avening it be in defe Eng 1 a settled ctive land not a canonical defect only in in a any rule point . form of If
, prescribed by law will invalidate it in law , just as much as if it were a defect in point of canonical rule . But , if the marriage be
celebrated in Scotland or abroad , and conform to the law of the p the lace form where of celebration it has been be celebrated from that , then used , no between matter how different of the persons
like reli , gion in England , it is , nevertheless , valid here , provided that the parties were not within the prohibited degrees of kindred ;
¦ that on . moral is , provide grounds d . that If , no however objection , it be to the open marriage to an objection can be of urged this
Eeg4i*. Notes. 389
EEG 4 I _* . NOTES . 389
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Citation
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English Woman’s Journal (1858-1864), Feb. 1, 1862, page 389, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ewj/issues/ewj_01021862/page/29/
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