On this page
-
Text (1)
-
THE LAWS RELATING TO THEM. 55
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.
-
-
Transcript
-
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.
¦ •? It Is Common In Our Day To Call Swi...
obliged to discharge gratuitously a useless office . For if the woman can do nothingor almost nothingwithout the authority
of her counsellor , neither , can he do anything , without her signature . The greatest evil is , that in order to avoid troubling two people
instead of one , the person counselled sometimes gives her counsellor full powers to treat in her stead , and that then , armed with these
fall powers , he may abuse them . But this happens rarely , so rarelthat it is reduced to a simple possibility . When a
counsellor refuses y to his ward the authority she asks for an act of administration , whatever it may be , she can address herself to the justice
of the peace , who decides , or even have recourse to the council of state . So long as what she wishes is not absolutely unreasonable
she always gains it by perseverance . She needs , however , the , authority of her counsellor only in certain cases . She disposes
freely , an 4 without the concurrence of her counsellor , of her revenues , which she receives and administers in her own way . The conseil
judiciaire is established in the spirit of the law , which is in her favournot against heron the supposition of her ignorance of , or
dislike , tobusiness . , Only , in one case is this conseil a real restriction ; that is , when
the father , being alive , custom and usage , rather than the law , make him the counsellor of his daughter . An appeal against him
becomes almost impossible , not by law , but by custom . She is then really tied ; the tutelage becomes a prolongation into
perpetuity In of the the Valais paternal , where power analogous . _jDrovisions are in force , the
father is by law conseil judiciaire to his grown-up daughter . In the Canton of Fribourg , the power of the curator of a husband ,
who is under an act of lunacy , extends also over his wife and children . The French lawmore liberal on this pointallows a wife
in such a case to be guardi , an of her husband , and , consequently depositary during the same time of the paternal power over the
children . "We come now to the laws affecting married women ; and here ,
indeed , is the domain of injustice , carried to almost as great a length as that of the ancient legislationwhich gave to the
Pater-, familias all power excepting that of life and death . The French code , indeed , lays down in the first article in the
chapter on the rights and duties of married persons , that they owe each other mutual fidelitysuccourhelp . But what is a law
without sanction ? And where , is the , provision to be found , which punishes its infraction ? Nowhere . What means are there of
him wife securing . to " protect Will its execution he her protect against ? her None others against . if " himself The he does hu ? sband not And must choose who protect will to do obli it his ge ?
Who will prove that he has not done , it ? How far is this protection to extend ? Who regulates it ? Where is the penal sanction which
menaces himif he breaks the law ? There is nothing of the kind , ,
The Laws Relating To Them. 55
THE LAWS RELATING TO THEM . 55
-
-
Citation
-
English Woman’s Journal (1858-1864), March 2, 1863, page 55, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ewj/issues/ewj_02031863/page/55/
-