On the forfeiture of property by married women
Template:Outside LSince the foregoing observations were penned a portion of the then future has been laid open to us, and two things then hidden have become revealed.
First, it is clear that the Government are so loaded with important business that they will not find time for official action in this matter. Secondly, Mr. Raikes and others have introduced into Parliament a Bill which may be taken as embodying the views of those who are at length persuaded of the necessity of a change in the law, but who cannot make up their minds to accept freedom with its consequences.
Template:Outside LThe distinctive character of this Bill is explained in the first seven sections, of which I will endeavour to give a brief exposition, without, I hope, any substantial sacrifice of accuracy, though for the sake of clearness some details are omitted.
Template:Outside LThe main principle is that a wife shall not, irrespectively of the question what she earns, be free to own property, but that her property shall, in the absence of contract, be placed under strict settlement.
Template:Outside LFor this purpose trustees must be provided. And it is Trustees. proposed, in the first instance, to make the husband himself the trustee. If, however, the wife chooses she may obtain from the County Court an order of the Judge making himself and a Vice-chancellor the trustees. And other persons interested in the property may apply to the judge to have other trustees appointed; an application which is to be litigated and adjudicated in due form.
Template:Outside LSuch being the trustees, the Bill goes on to declare the trusts. In the first place the husband-trustee is precluded from receiving any of the property without a written order by his wife, and from altering any investment without a judge's order Husband and wife may jointly apply to the judge, and may have trusts declared by him, provided they fall within the range of those usually inserted in settlements by the Court of Chancery, but with a freer range of investment. In default of any such declaration, the trustees may invest with the written consent of the wife, and the judge's sanction, and hold the funds upon strict settlement trusts; viz., during marriage for the separate use of the wife without power of anticipation, with remainder to the husband for his life or until he aliens or becomes bankrupt, with remainder to husband and children as the wife by deed or will appoints, and in default of appointment for the children equally, and if no children, as she appoints by will, and in default of that appointment for her next of kin. If she survives her husband she again becomes absolute owner of her property.
Such are the provisions which are to regulate the wife's property, "except such parts thereof as are transferable by mere delivery," and apparently without any limit of value.
Template:Outside RLThe first question that occurs to one to ask is. How will this legislation affect the mass of mankind? And it appears that we shall be legislating for the minority with a vengeance. The present law is found to work much evil in a substantial number, though still a minority, of cases. The good that it works is not discoverable. "Therefore," say reformers, "the law is a bad one; let us alter it and set people free: where it now does no evil, it is because people of their own free will manage their affairs with good sense and good feeling; where it does evil, it is because one is unduly subjected to another. Give liberty to all, and that will be the best guarantee for the good conduct of their private affairs." Upon which up start a set of philanthropic gentlemen and declare that the remedy is not to be sought in the spontaneous action of each family, but in the extension of a paternal government which shall dictate to all how an important portion of their private affairs is to be managed. So because A neglects and periodically plunders his wife, B, C, and the rest of the alphabet and their wives, who have done no wrong, are to be invaded by Mr. Raikes at the head of a posse of County Court judges. Vice-chancellors, and other trustees: and (all I presume at the expense of the fund) are to have their property impounded, placed in the hands of one man, invested at the discretion of