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188 THE NEW IiAW OF DIVOKCE.
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.
-- The Tendency Of Recent Legislation Ha...
empowered to bring ) to restore tlie specific property , and also for a sum equal to double the value of the property so held or seized after
such notice ; and if any such order of protection be made , the wife shall , during the continuance thereof , be and be declared to have
been during such desertion of her , in the like position in all respects with regard to property and contracts , and sueing and being sued ,
as she would be under the new act if she obtained a decree of judicial separation ; that is , she would be liable for her own acts
and contracts ; her property being subject to her own , but not to the debts of her husband .
Among the numerous cases which have already claimed protection under this clause , the ' Times ' of April 9 th , 1858 , reports one
before Mr . D'Eyncourt , where the applicant met with success . Annexed to this report is the following observation , to which we
desire to call the attention of our readers : — " The order was therefore made as desired , but it appears in the course of
seized these cases and sol that d after , thoug the h granting a remedy of is the afforded magisterial to the protecting wife , whose order property , by the is husband or other who person has ill cl - aiming used and under deserted the her husband and her ' who childre shal n l , restore ' or any the creditor specific of ,
property , and also pay a sum equal to double , the value of such property , husband yet that , or instead person of acting a summary under power his directi being ons vested into the in custod the wife y of of a giving constable the ,
than to be a puni robbery shed upon summaril a hel y p b less y a woman magistrate , she for must what , to is get virtu what all compensati y little other on is here awarded her ' institute a suit ( which she is hereby empowered to
, a bring penniless ) ' against woman such against persons a , and husb thi an s d constitutes who cannot rather be found a hopeless , and who remedy has not for been seen by her either before or after he has so deprived her of Avhat little
property she may have acquired by her own exertions . " This is surely one of those oversights which will ever occur in
legislation , and which needs only to be eliminated to meet with redress . How greatly the protection this clause affords was needed
is shown daily in the police reports of Ihe metropolis , and in the reports of the provincial press . It can never have been intended
. virtually to nullify it , by rendering contempt of such protection on the part of the husband , " or any creditor of , or other person
claiming under the husband , " preventible or punishable only by means of the expensive process of an action at law . We invite
the attention of our legal friends to this important point .
188 The New Iiaw Of Divokce.
188 THE NEW IiAW OF DIVOKCE .
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Citation
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English Woman’s Journal (1858-1864), May 1, 1858, page 188, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ewj/issues/ewj_01051858/page/44/
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