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.