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Anomalies of the English law

Chapter 41: APPENDIX E
By S. Beach Chester
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About This Book

A series of essays critiques inconsistencies and outdated practices within English law, surveying divorce, death and burial, wills, libel and slander, imprisonment for debt, surname rights, literary censorship, capital punishment, legitimation, criminal appeals, and relations among client, solicitor, and counsel. The text analyzes statutory and procedural anomalies, illustrates practical consequences with case examples and appendices, and offers proposals for legislative reform. Appendices reproduce relevant statutes and proposed bills to support the arguments. The tone combines analytical exposition with occasional satirical observation.

APPENDIX E

AN ENGLISH LEGITIMATION BILL

Since the chapter on legitimation was written, the writer has come across a House of Commons Bill, which substantially endorses his views on the subject. It is as follows:—

A Bill to Amend the Law of Husband and Wife

A.D. 1910

Whereas it is expedient to amend the law of husband and wife:

Be it therefore enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Power of wife to petition for divorce

1. Notwithstanding anything in the Matrimonial Causes Act, 1857, or any other Act contained, it shall be lawful for any wife to present a petition to the Court praying that her marriage shall be dissolved on the ground that since the celebration thereof her husband has been guilty of adultery.

For the purposes of this section the expression “Court” shall mean the Court for Divorce and Matrimonial Causes.

Guardianship of children

2. A wife shall be the joint guardian with her husband of any children of the marriage, and, in every case arising under any statute or otherwise, shall have an equal power with the husband in any matter concerning their education, upbringing, or welfare.

In case of disagreement between the parties either party may apply to the Court, who shall make such order as, having regard to all the circumstances before it and to the general well-being of the children, it shall think proper. There shall be no appeal from such order except by leave of the Court, but the Court may at any time, at the instance of either party, with or without hearing fresh evidence, rescind or vary such order in such manner as it shall think proper.

Children to be legitimised by marriage

3. Marriage before and after the passing of this Act shall operate to legitimise any children previously born to the parties to such marriage.

Short Title

4. This Act may be cited as the Marriage Law Amendment Act, 1910.