This indenture, made the----day of----, in the year of our Lord

1864, between Charles B----, of----, of the first part, Anna R----

B----(the wife of the said Charles B----), of the second part, and

G----R----B----of the third part: Whereas the said Charles B----

and Anna R----, his wife, have, for good reasons, determined to live

separate and apart from each other, and on that consideration the

said Charles B----hath consented to allow unto the said Anna R----

B----a clear weekly payment or sum of----s., for her maintenance

and support during her life, in manner hereinafter contained: And

whereas the said G----R----B----hath agreed to become a party to

these presents, and to enter into the covenant hereinafter contained

on his part:

Now this indenture witnesseth, that in pursuance of the said

agreement, he, the said Charles B--, for himself, his heirs,

executors, and administrators, doth covenant, promise, and agree, to

and with the said G--R--B--, his executors, administrators, and

assigns in manner following, that is to say, that he, the said

Charles B--, shall and will, from time to time, and at all times

hereafter, permit and suffer the said Anna R--B--to live separate

and apart from him, the said Charles B--, as if she were sole and

unmarried, and in such place and places as to her from time to time

shall seem meet; and that he, the said Charles B--, shall not nor

will molest or disturb the said Anna R--B--in her person or manner

of living, nor shall, at any time or times, hereafter require, or by

any means whatever, either by ecclesiastical censures, or by taking

out citation, or other process, or by commencing or instituting any

suit whatsoever, seek or endeavour to compel any restitution of

conjugal rights, nor shall not nor will commence or prosecute

proceedings of any description against the said Anna R--B--in any

ecclesiastical court or elsewhere; nor shall nor will use any force,

violence, or restraint to the person of the said Anna R--B--; nor

shall nor will, at any time during the said separation, sue, or

cause to be sued, any person or persons whomsoever for receiving,

harbouring, lodging, protecting, or entertaining her, the said Anna

R--B--, but that she, the said Anna R--B--, may in all things live

as if she were a _feme sole_ and unmarried, without the restraint

and coercion of the said Charles B--, or any person or person by his

means, consent, or procurement; and also that all the clothes,

furniture, and other the personal estate and effects, of what nature

or kind soever, now belonging or at any time hereafter to belong to,

or be in the actual possession of her, the said Anna R--B--; and all

such sums of money and personal estate as she, the said Anna R--B--,

or the said Charles B--in her right, shall or may at any time or

times during the said separation acquire or be entitled to at law or

in equity, by purchase, gift, will, intestacy, or otherwise, shall

be the sole and separate property of the said Anna R--B--, to

manage, order, sell, dispose of, and use the same in such manner, to

all intents and purposes, as if she were a _feme sole_ and

unmarried:

And further, that he, the said Charles B--, his executors or

administrators, or some or one of them, shall and will well and

truly pay, or cause to be paid, unto the said G--R--B, his

executors, administrators, or assigns, a clear weekly payment or sum

of--s., on Monday in each and every week during the life of the

said Anna R--B--, but in trust for her, the said Anna R--B--, for

her separate maintenance and support: And the said G--R--B--, for

himself, his heirs, executors, and administrators, doth hereby

covenant and agree to and with the said Charles B--, his executors,

administrators, and assigns, that she, the said Anna R--B--, shall

not nor will not, at any time or times hereafter, in any wise molest

or disturb him the said Charles B--, or apply for any restitution of

conjugal rights, or for alimony, or for any further or other

allowance or separate maintenance than the said weekly sum of--s;

and that he, the said G--R--his heirs, executors, or

administrators, shall and will, from time to time, at all times

hereafter, save, defend, and keep harmless and indemnify the said

Charles B--, his heirs, executors, and administrators, and his and

their lands and tenements, goods and chattels, of, from, and against

all and all manner of action and actions, suit and suits, and all

other proceedings whatsoever which shall or may at any time

hereafter be brought, commenced, or prosecuted against him the said

Charles B--, his heirs, executors, or administrators, or any of

them, and also of, from, and against all and every sum and sums of

money, costs, damages, and expenses which he, the said Charles B--,

his executors, administrators, and assigns, shall or may be obliged

to pay, or shall or may suffer, sustain, or be put unto, for, or by

reason, or on account of any debt or debts which shall, at any time

hereafter, during such separation as aforesaid, be contracted by the

said; Anna R--B--, or by reason, or means, or on account of any

act, matter, cause, or thing whatsoever relating thereto. In witness

whereof, the said parties to these presents have hereunto set their

hands and seals, the day and year first above written.

[AT OPEN DOORS DOGS COME IN.]

1568. Divorce and other Matrimonial Causes.

The powers of the Ecclesiastical Court are abolished in these cases,

which are now taken in the Probate, Divorce, and Admiralty Division of

the High Court.

[IDLE FOLKS TAKE THE MOST PAINS.]

1569. Divorce _à mensâ et thoro_.

By Divorce _à mensâ et thoro_ is meant a separation only; it does not

sever the matrimonial tie, so as to permit the parties to contract

another marriage. These are now called _judicial separations._

1570. Suits of Jactitation of Marriage.

By suits of jactitation of marriage is meant suits which are brought

when a person maliciously and falsely asserts that he or she is

already married to another, whereby a belief in their marriage is

spread abroad, to the injury of the complaining party.

1571. Absolute Divorce.

By absolute divorce is meant a dissolution of the marriage, by which

the parties are set absolutely free from all marital engagements, and

capable of subsequent marriage. In these cases a _decree nisi_ is

first obtained, which is made absolute after the lapse of a certain

time, unless the decree should be set aside by subsequent appeal.

1572. Grounds of Divorce.

The grounds of divorce are very various, and in most cases fit only

for confidential communication to a solicitor. In all cases a highly

respectable professional adviser should be employed.

1573. Sentence of Judicial Separation.

A sentence of judicial separation may be obtained either by the

husband or the wife, on the ground of desertion without cause for two

years or upwards. To constitute wilful desertion on the part of the

husband, his absence must be against the will of his wife, and she

must not have been a consenting party to it.

1574. Insufficient Grounds.

Persons cannot be legally separated upon the mere disinclination of

one or both to live together. The disinclination must be proved upon,

reasons that the law recognises; and the court must see that those

reasons actually exist.

1575. Costs.

The amount of sosts of a judicial separation or a divorce varies from

£25 to £500 or more, according to the circumstances of the suit, and

the litigation that may ensue. But a person being a pauper may obtain

relief from the court by suing _in forma pauperis._ Any such person

must lay a case before counsel, and obtain an opinion from such

counsel that he or she has reasonable grounds for appealing to the

court for relief. The opinion of the counsel must then be laid before

the judge ordinary, and leave be obtained to proceed with the suit.

1576. Magisterial Order for Protection of Wife's Property.

When a wife is able to prove that her husband has deserted her without

cause and against her will, she may obtain from the Matrimonial Court,

or from the judge ordinary, an order to protect her against his

creditors, and against any person claiming under him, by way of

purchase or otherwise, any property she may acquire by her own lawful

industry, or may become possessed of after such desertion.

1577. Obtaining an Order.

The order may in any case be obtained from the court, and when the

wife lives in London, from a police magistrate; or where she lives in

the country, from two magistrates sitting in petty sessions.

1578. Nature of the Order (1).

The order does not prevent the Husband returning to his Wife, but only

prevents his taking her earnings while the desertion eontinues.

[HOME IS HOME, BE IT EVER SO HOMELY.]

1579. Nature of the Order (2).

The order, when obtained, puts the wife in the same position with

regard to ownership of property and the right to sue and be sued upon

contracts (that is, all bargains and business transactions), as if she

had obtained the decree of judicial separation, placing her, in fact,

if the situation of a single woman.

1580. Penalty.

If after this Order is made, the husband, or any creditor of his, or

person claiming through him by purchase or otherwise, should seize or

continue to hold any property of the wife, after notice of such order,

the wife may bring an action against her husband or such other person,

and may recover the property itself, and double its value in money.

1581. Liability of Husband for Wife's Debts.

A husband is only liable for the debts and liabilities of his wife

contracted before marriage to the extent of the property which he

receives from, or becomes entitled to through his wife. The wife

herself is liable to the extent of her separate property for all debts

incurred by her either before or after marriage.

1582. Earnings, etc., of Married Women.

A married woman, after January 1, 1883, may carry on business separate

from her husband, and is entitled absolutely for her separate use to

all wages and earnings acquired by her in any employment, occupation,

or trade, in which she is engaged, and which she carries on separately

from her husband, and to all money acquired by her through the

exercise of any literary, artistic, or scientific skill, and her

receipt alone is a good discharge for the amount.

1583. Personal Property, etc., of Married Women.

A woman married after January 1, 1883, is entitled to hold all real

and personal property which she was entitled to either at or after

marriage, for her separate use.

1584. To Search for Wills.

If you wish to examine a will, your best course is to go to "The Wills

Office," at Somerset House, Strand, have on a slip of paper the name

of the testator--this, on entering, give to a clerk whom you will see

at a desk on the right. At the same time pay a shilling, and you will

then be entitled to search all the heavy Index volumes for the

testator's name. The name found, the clerk will hand over the will for

perusal, and there is no difficulty whatever, _provided you know about

the year of the testator's death._ The Indexes are all arranged and

numbered according to their years.

Not only the names of those who left wills are given, but also of

those intestates to whose effects letters of administration have been

granted. There is no charge beyond the shilling paid for entering. If

you require a copy of the will, the clerk will calculate the expense,

and you can have the copy in a few days. No questions whatever are

asked--nor does the length of the will, or the time occupied in

reading it, make any difference in the charge. Beyond the shilling

paid on entering, there is no other demand whatever, unless for

copying the whole or a portion of the will.

If the deceased at the time of his death had a fixed place of abode

within the district of any of the District Registries attached to the

Court of Probate, the will may now be proved, or letters of

administration obtained from the district registrar. There are

numerous district registries, viz., at Liverpool, Manchester, Bristol,

York, Newcastle, Durham, and other places. If the will has not been

proved in London, it will be found in the registry of the district in

which the deceased dwelt at the time of his death. The same rules are

observed in the country as in London, with regard to examination, &c.

The fee--one shilling--is the same in all. Having ascertained that the

deceased left a will, and that it has been proved, the next inquiry

is, _"Where was it proved?"_ The above explanation and remarks apply

also to the administrations granted to the effects of those who died

without wills.

[EVERY MAN'S HOUSE IS HIS CASTLE.]

1585. Making a Will.

The personal property of any person deceased, left undisposed of by

deed or will, is divisible among his widow, should he leave one, and

his next of kin, in the following order:

i. Children, grandchildren, great-grandchildren, &c. The next

inheritors, in the absence of these, are,

ii. Father;--if none, mother, and brothers and sisters, and their

children (but not their grandchildren);

iii. His grandfathers and grandmothers;--if none,

iv. His uncles and aunts;--if none,

v. His cousins, and great-nephews and nieces.

1586. Further Details on Intestacy.

If the Deceased leave a Widow, but no child or children, one half of

his personal estate will fall to his widow, and the other half will be

divisible among the next of kin. The father of an intestate without

children is entitled to one half of his estate, if he leave a widow,

and to the whole if he leave no widow. When the nearest of kin are the

mother and the brothers and sisters, the personal estate is divisible

in equal portions, one of which will belong to the mother, and one to

each of the brothers and sisters; and if there be children of a

deceased brother or sister, an equal portion is divisible among each

family of children.

1587. Valid Wills (1).

Wills, to be Valid, can only be made by persons at or above the age of

twenty-one, and in a sound state of mind at the time of making the

last will and testament; not attainted of treason; nor a felon; nor an

outlaw. As regards the power of married women to make wills, a married

woman may make a will, disposing, as she may think fit, of all

property to which she is entitled for her separate use.

1588. Valid Wills (2).

No will is valid unless it is in writing, signed at the foot or end

thereof by the testator, or by some other person in his presence and

by his direction. And such signature must be made or acknowledged by

the testator, in the presence of two or more witnesses, all of whom

must be present at the same time, and such witnesses must attest and

subscribe the will in the presence and with the knowledge of the

testator.

1589. Irrevocable.

A Will or Codicil once made cannot be altered or revoked, unless

through a similar formal process to that under which it was made; or

by some other writing declaring an intention to revoke the same, and

executed in the manner in which an original will is required to be

executed; or by the burning, tearing, or otherwise destroying the same

by the testator, or by some person in his presence and by his

direction with the intention of revoking the same.

1590. Loses Effect.

No Will or Codicil, or any part of either, that has once been revoked

by any or all of these acts, can be revived again, unless it be

executed in the manner that a fresh will or codicil is required to be.

1591. Alterations.

Alterations in Wills or Codicils require the signature of the testator

and of two witnesses to be made upon the margin, or upon some other

part of the will, opposite or neat to the alteration.

1592. Revoked by Marriage.

Every Will is revoked by the subsequent marriage of the testator or

testatrix, except a will made in the exercise of a power of

appointment, when the property appointed thereby would not, in default

of appointment, pass to the heir, executor, or administrator, or next

of kin of the testator or testatrix.

1593. Basic Requirements.

There being no Stamp Duty, or tax, on a will itself, it should be

written on plain parchment or paper. Nor is it necessary, though

always advisable where means are sufficient, to employ a professional

adviser to draw up and complete the execution of a will.

1594. Identifying a Illegitimate Child.

If it be intended to give a legacy to an illegitimate child, the

testator must not class him with the lawful children, or designate him

simply as the child of his reputed parent, whether father or mother,

but must describe the child by name as the reputed child of----or

----, so as to leave no doubt of identity.

1595. Paraphernalia.

Wearing apparel, jewels, &c., belonging to a wife are considered in

law her "paraphernalia;" and though liable for the husband's debts

while living, cannot be willed away from her by her husband, unless he

wills to her other things in lieu thereof, expressing such intention

and desire in the will.

The wife may then make her choice whether she will accept the

substituted gift, or remain possessed of what the law declares her

entitled to.

[HALF A LOAF IS BETTER THAN NO BREAD.]

1596. Property of Different Kinds.

Where property is considerable, and of different kinds,--or even where

inconsiderable, if of different kinds, and to be disposed of to

married or other persons, or for the benefit of children, for

charities, or trusts of any description, it is absolutely necessary

and proper that a qualified legal adviser should superintend the

execution of the will.

1597. Executors.

When a person has resolved upon making a will, he should select from

among his friends persons of trust to become his executors, and should

obtain their consent to act. And it is advisable that a duplicate copy

of the will should be entrusted to the executor or executors. Or he

should otherwise deposit a copy of his will, or the original will, in

the office provided by the Probate Division of the High Court for the

safe custody of wills.

1598. Simple Form of Will.

This is the last will and testament of J----B----, of No. 3, King's

Road, Chelsea. I hereby give, devise, and bequeath to my wife, Mary

B----, her heirs, executors, and administrators, for her and their

own use and benefit, absolutely and for ever, all my estate and

effects, both real and personal, whatsoever and wheresoever, and of

what nature and quality soever; and I hereby appoint her, the said

Mary B----, sole executrix of this my will. In witness whereof I

have hereunto set my hand this----day of----, one thousand eight

hundred and----.

JOHN B----.

Signed by the said John B----in the presence of us, present at the

same time, who, in his presence, and in the presence of each other,

attest and subscribe our names as witnesses hereto.

JOHN WILLIAMS, 15, Oxford Street, Westminster.

HENRY JONES, 19, Regent Street, Westminster.

1599. Other Forms of Wills.

Other forms of wills give particular legacies to adults, or to

infants, with direction for application of interest during minority;

to infants, to be paid at twenty-one without interest; specific

legacies of government stock; general legacies of ditto; specific

legacies of leasehold property or household property; immediate or

deferred annuities; to daughters or sons for life, and after them

their children; legacies with directions for the application of the

money; bequests to wife, with conditions as to future marriage; define

the powers of trustees, provide for and direct the payment of debts,

&c. All these more complicated forms of wills require the

superintendence of a professional adviser.

1600. Crossing Cheques.

If cheques have two parallel lines drawn across them, with or without

the addition of the words _"& Co.,"_ they will only be paid to a

banker.

1601. Banker's Name across Cheque.

If, in addition, the name of any particular banker be written across

the cheque, it will only be paid to that banker or his agent.

1602. Effect of Words "Not Negotiable" on Cheque.

If the words "Not Negotiable" be written across a cheque, the lawful

holder of the cheque is not prevented thereby from negotiating it. The

effect of these words is to prevent any person receiving a cheque so

marked from acquiring a better title to it than the person had from

whom he received it. If, therefore, such a cheque has been stolen, the

thief cannot, by passing it away for value, vest in the person so

acquiring it a good title.

1603. Repayment of Money, etc., borrowed when under Age.

An infant, or person under twenty-one years of age, is not liable to

repay money borrowed by him, nor to pay for goods supplied to him,

unless they be necessaries.

1604. Acceptance of Liability.

Even if a person after coming of age promise to pay debts contracted

during infancy, he is not liable, whether the promise be made in

writing or not.

[WILFUL WASTE MAKES WOEFUL WANT.]

1605. Limitation of Recovery of Land or Real Estate.

A person becoming entitled to any land or real estate, must bring an

action to recover it within _twelve_ years from the time when his

right accrued, otherwise his claim will be barred by the "Statute of

Limitations."

1606. Recovery of Damages by Workmen from Employer.

By the "Employers' Liability Act," 1880, a workman may recover from

his employer damages for personal injuries sustained by him in the

course of his employment, if the accident happen through any one of

the following causes:

i. A defect in the way, works, machinery, or plant used in the

employer's business, and which defect the employer negligently

allows to remain unremedied.

ii. The negligence of some superintendent or overlooker in the

service of the employer.

iii. The negligence of the foreman or other person in the service of

the employer, whose orders or directions the workman was bound to

obey and did obey.

iv. The act or omission of any person in the service of the employer

done or made in obedience to the rules, bye-laws, or instructions

of the employer.

v. The negligence of any person in the service of the employer who

has the charge or control of any signal, points, locomotive engine,

or train upon a railway.

1607. Amount Recoverable.

The largest sum which a workman can recover in any of the above cases

is limited to the amount of the average earnings for _three_ years of

a person in his situation.

1608. Notice to Employer.

Notice in writing of the injury must be given to the employer, or sent

by registered post, giving the name and address of the person injured,

the date of the accident, and stating in ordinary language the cause

of the injury.

1609. Actions for Compensation to be brought in County Court.

All actions for compensation under the above Act must be brought in

the County Court, and commenced within six months of the accident, or,

in case the workman die and the action is brought by his

representatives, then within _twelve_ months from his death.

1610. Bills of Sale.

The "Bills of Sale Act," which came into operation on November 1,

1882, effects several noteworthy changes of the utmost importance. It

repeals part of the Act of 1878, which repealed the Act of 1854.

1611. What the term "Bill of Sale" includes.

The term "bill of sale" is made to include, in addition to those

assignments of personal property which were within its meaning under

the Act of 1854, "inventories of goods with receipt thereto attached;

and receipts for purchase-moneys of goods," where the goods remain in

the possession of the seller, and also an agreement to give a bill of

sale.

1612. What the term "Personal Chattels" includes.

The term "personal chattels" has also a wider meaning than under the

old law, as it includes fixtures and growing crops when separately

assigned, and trade machinery when assigned, together with an interest

in land so as to require registration.

1613. Chief Provisions of the Act.

All bills of sale made or given in consideration of any sum under £30

are void. No bill of sale executed after the Act shall be any

protection to the goods comprised therein against distress for poor

and other parochial rates.

1614. Instruments giving Powers of Distress.

Certain instruments giving powers of distress are also to be

registered under the Act to be of any validity against the trustees in

bankruptcy or execution creditors.

1615. Registration of Bill of Sale.

Enquire within upon everything The great Victorian-era domestic standby · 第 35 / 64 段