NOT THE PAIN, BUT THE CAUSE, MAKES THE MARTYR. viously. There is reason to believe that this declaration is often made falsely, concerning which it is desirable to refer to "Who may Marry, and who may not." The licence is procurable immediately after making the declaration, and the marriage may take place in five minutes afterwards. not assented) by giving notice to the official charged with the process or ceremony, accompanied by legal proof of minority, any time before the ceremony is completed; but after that time they have no power to annul the marriage, but can recover control of the person if the marriage is void for the reason before described. Where there is no known parent or specially authorized-Archbishops have the exclusive right guardian, minors are at liberty to marry without any such consent. 34. Authority to Marry.-Every marriage must be authorized by some of the several preliminary forms prescribed. 35. The Declaration.-The first and invariable step to a marriage is the making of a declaration, upon oath or affirmation, that there is no impediment of relationship to the marriage, and that if either or both of the parties be under twenty-one, the consent of one of the parents or guardians has been given, or that there is no one entitled to give such consent. 36. Banns of Marriage.-Notice of banns of marriage must be given and declaration made to the clergyman or clerk of the parish where the parties then reside (usually the clerk), or of both parishes, if the parties then reside in different parishes; after which it is the duty of the officiating clergyman of each parish respectively to publish the banns during service in the usual manner on three successive Sundays, and then the marriage may take place, but not till then. Of late years it has become more customary in the best society to proceed by means of banns, which may now be considered a fashionable mode, though it was not always so regarded. 37. Bishop's Licence to Marry. -Application must be made to the surrogate, or agent of the bishop, the offices of whom are in Doctors' Commons, London, and the chief clergyman of every parish is generally a surrogate. The declaration must state that one (either) of the parties has already resided in the parish for fifteen days pre 38. Special Licences to Marry. of granting special licences. The declaration omits all reference to previous residence of the parties, and the licence is good for any church or episcopal chapel, at any time of the day. It is in the discretion of the archbishop to refuse a special licence to persons who tinction; hence, "by special licence" nave no social claim to such a distincalways implies superior rank. 39. Superintendent Registrar's Certificate.-Those who prefer it may procure a certificate from the Superintendent Registrar of the district in which the marriage is intended to take place. Notice must be given and declaration made, which must state that notice has resided at some place in the one (either) of the parties who gives the district for seven days previously. In twenty-one days after date of notice a certificate must be issued to the applicant at his request, and such is available in lieu of banns at any church in the district that may be named therein, or at any Dissenters' chapel or other place in the district where marriage may be celebrated. 40. Superintendent Registrar's Licence.-The declaration must state that the party applying has resided at some place in the district for fifteen days previously. Two days after notice, the applicant is entitled on request It is not available for to a licence. marriage in any Church of England, but it is full authority for marriage in any other authorized place. 41. Wedding Outfits.- Every wedding should be preceded by preparations in the way of an outfit. Where a wedding has been much deferred, this often extends over several months pre THE TONGUE CANNOT EASILY BE CHAINED WHEN ONCE LET LOOSE. JUDGE OF A JEST WHEN YOU HAVE DONE LAUGHING. 42. Marriage Articles and Settlements. Whoever possesses property, or who is related to those who do, can scarcely pass through a period of courtship without resort to something in the nature of a marriage settlement. Such things often involve complications of such an elaborate nature that they cannot be fully entered into in a popular book; but all persons, especially those who are most interested, should inform themselves concerning the leading points and principles that govern transactions of that nature. 43. Motives for Marriage Settlements.-There are several different motives for making marriage settlements. The intention may be to create an entail, or to make separate provision for the wife against the husband's folly or misfortunes, or to provide for the children of the marriage; and the circumstances of settlements are various without end. 44. Entail.- An entailment is a settlement of land in such a way that it must pass to the eldest son or child of the person upon whom the settlement first takes effect. It is expressed by the use of the words, "to the heirs of his or her body," or "to the heirs male of his or her body." In the former case, where there is no son, the eldest daughter, or, possibly, two or several daughters, may succeed to the property as coparceners. In the latter case, if there be no son, the settlement lapses, and in the former case it lapses if there be no issue, and so on in 9 definitely. When an entail lapses for lack of issue, the property goes as it the entail had never been created, the complications being sometimes interminable. 45. Coparceners.-The eldest son of the deceased owner of landed property, where there is no will or settle ment to the contrary, succeeds to the whole, to the total exclusion of all his brothers and sisters. When there is no male heir, and only one daughter, such daughter is entitled to the whole estate; but, if there be two or more daughters, they take equally, and are called coparceners. 46. Settlements of Personal Property. The usual object of a marriage settlement of personal property is to provide for the wife and her children in case of her husband's folly or misfortunes; so that, in the majority of cases, the wife is the most interested party. Previously to 1870, such a settlement was extremely important, because, in the absence of anything of the kind, everything belonging to the wife, or which belonged to her before marriage, became the property of the husband by the mere fact of the marriage, all the pecuniary interests of the wife being legally absorbed by the husband. The Married Women's Property Act of 1870 modified the law in this respect, and the Act of 1882 totally abolished the old law, so that marriage now makes no legal difference to the control of the bride over her own property, which remains as complete as if with respect to every subsequent conshe were unmarried, and continues so tingency. This alteration of the law renders some of the old-fashioned settlements useless, but there are others that retain all their importance as well as force. More detailed information may be advantageously sought for in Ward, Lock, and Co.'s shilling book on the Married Women's Property Act, 1882, and in "Everybody's Lawyer," also published by Ward, Lock, and Co. 47. Who may Make a Settlement.-The parents or friends of any HARD WORDS MOSTLY FLOW FROM SOFT HEADS. 10 THAT IS A WISE DELAY WHICH MAKES THE ROAD SAFE. intended wife may be reasonably called upon to settle property upon her, and most settlements so arise. Another not uncommon case is when the intended husband settles a portion of his own property on his wife. The most extreme case is when the intended wife settles property on herself. The only object for now doing so is to bar her own right to spend the principal. 48. Confusion of Terms.-In the popular mind there is a confusion of terms concerning the documents that are recognized as practically bearing upon the disposal of property as the result of a marriage. Marriage articles are often spoken of as the primary instruments bearing upon the subject, but it is desirable for interested persons to know and bear in mind that marriage articles, strictly so called, are only the preliminary memoranda, out of which settlements may be confirmed by deed or otherwise enforced; and the frequent necessity and use of such so-called articles will appear upon consideration of the next succeeding particulars. 49. Worthless Promises in Conversation. The friends of the parties to an intended marriage, who are talkative, and disposed to make much of their presumedly affectionate regard, are at liberty to indulge in the most profuse promises as to their intentions without incurring the least practical responsibility, so long as they limit themselves to words used in conversation; for a promise by word of mouth to do anything with reference to property in anticipation of a marriage is of no legal effect, no matter how earnestly or solemnly the undertaking may be entered into. 50. Binding Promises in Writing. If a conversation, however frivolous or extravagant, which undertakes to dispose of property in contemplation of marriage, is written or signed by the responsible person, though ever so thoughtlessly or carelessly done, it becomes a formidable and binding promise. 51. Informal Writings.-The great distinctions insisted upon by the law between verbal and written promises relating to the disposal of property in contemplation of marriage, which distinctions do not apply in all other pecuniary arrangements, and which especially do not apply to promises to marry, have naturally led to the informal writings properly called marriage articles; because, when a person of property says to either of the parties that he or she will do so and so, it is not unreasonable for the party to whom the promise is made, knowing the legal worthlessness of spoken words, to request that they may be written; and, as it often happens that the generous impulse breaks out imme diately on the eve of the marriage, and there is therefore no time to send for a lawyer to do it, informal writings are the natural consequences. For such a document any scrap of paper will do that happens to be at hand, and the writing may be anyhow, so that it is intelligible and applicable to the circumstances. If the person who makes the promise writes it himself, it is binding, whether he signs it or not, if there is legal proof as to when he wrote it. If such person, being, say, infirm or indolent, allows or instructs the inte rested party to write the particulars, and afterwards gives his verbal assent thereto, that may be binding, but it is open to suspicion; if the promiser signs such a memorandum, knowing its contents, it becomes fully effectual. 52. Vital Letters.-Just as informal memoranda are effectual as marriage articles, so may letters be. Thus, if a gentleman of property writes, "My dearest Lucy,-I am delighted to hear of your conquest, which gives me so much satisfaction, that I shall settle three thousand pounds upon you," that is as binding upon the writer as if it had been a deed a yard long, prepared by a troop of lawyers, formally signed, and decorated with half a dozen seals. 53. Formal Deeds of Settlement.-Where there is time, and the intentions of the promiser are genuine, it is desirable to embody rough marriage articles in a deed, which is best IN PRUDENT CHARITY THERE IS NO EXCESS. JUDGE OF A JEST WHEN YOU HAVE DONE LAUGHING. 42. Marriage Articles and Settlements.-Whoever possesses property, or who is related to those who do, can scarcely pass through a period of courtship without resort to something in the nature of a marriage settlement. Such things often involve complications of such an elaborate nature that they cannot be fully entered into in a popular book; but all persons, especially those who are most interested, should inform themselves concerning the leading points and principles that govern transactions of that nature. 43. Motives for Marriage Settlements.-There are several different motives for making marriage settlements. The intention may be to create an entail, or to make separate provision for the wife against the husband's folly or misfortunes, or to provide for the children of the marriage; and the circumstances of settlements are various without end. 44. Entail.- An entailment is a settlement of land in such a way that it must pass to the eldest son or child of the person upon whom the settlement first takes effect. It is expressed by the use of the words, "to the heirs of his or her body," or "to the heirs male of his or her body." In the former case, where there is no son, the eldest daughter, or, possibly, two or several daughters, may succeed to the property as coparceners. In the latter case, if there be no son, the settlement lapses, and in the former case it lapses if there be no issue, and so on in definitely. When an entail lapses for lack of issue, the property goes as it the entail had never been created, the complications being sometimes interminable. 45. Coparceners.-The eldest son of the deceased owner of landed proment to the contrary, succeeds to the perty, where there is no will or settle whole, to the total exclusion of all his brothers and sisters. When there is no male heir, and only one daughter, such daughter is entitled to the whole estate; but, if there be two or more daughters, they take equally, and are called coparceners. 46. Settlements of Personal Property.-The usual object of a marriage settlement of personal property is to provide for the wife and her children in case of her husband's folly or misfortunes; so that, in the majority of cases, the wife is the most interested party. Previously to 1870, such a settlement was extremely important, because, in the absence of anything of the kind, everything belonging to the wife, or which belonged to her before marriage, became the property of the husband by the mere fact of the marriage, all the pecuniary interests of the wife being legally absorbed by the husband. The Married Women's Property Act of 1870 modified the law in this respect, and the Act of 1882 totally abolished the old law, so that marriage now makes no legal difference to the control of the bride over her own property, which remains as complete as if with respect to every subsequent conshe were unmarried, and continues so tingency. This alteration of the law renders some of the old-fashioned settlements useless, but there are others that retain all their importance as well as force. More detailed information may be advantageously sought for in Ward, Lock, and Co.'s shilling book on the Married Women's Property Act, 1882, and in " Everybody's Lawyer," also published by Ward, Lock, and Co. 47. Who may Make a Settlement.-The parents or friends of any HARD WORDS MOSTLY FLOW FROM SOFT HEADS. 10 THAT IS A WISE DELAY WHICH MAKES THE ROAD SAFE. intended wife may be reasonably called upon to settle property upon her, and most settlements so arise. Another not uncommon case is when the intended husband settles a portion of his own property on his wife. The most extreme case is when the intended wife settles property on herself. The only object for now doing so is to bar her own right to spend the principal. 48. Confusion of Terms.-In the popular mind there is a confusion of terms concerning the documents that are recognized as practically bearing upon the disposal of property as the result of a marriage. Marriage articles are often spoken of as the primary instruments bearing upon the subject, but it is desirable for interested persons to know and bear in mind that marriage articles, strictly so called, are only the preliminary memoranda, out of which settlements may be confirmed by deed or otherwise enforced; and the frequent necessity and use of such so-called articles will appear upon consideration of the next succeeding particulars. 49. Worthless Promises in Conversation.—The friends of the parties to an intended marriage, who are talkative, and disposed to make much of their presumedly affectionate regard, are at liberty to indulge in the most profuse promises as to their intentions without incurring the least practical responsibility, so long as they limit themselves to words used in conversa tion; for a promise by word of mouth to do anything with reference to property in anticipation of a marriage is of no legal effect, no matter how earnestly or solemnly the undertaking may be entered into. 50. Binding Promises in Writing.-If a conversation, however frivolous or extravagant, which undertakes to dispose of property in contemplation of marriage, is written or signed by the responsible person, though ever so thoughtlessly or carelessly done, it becomes a formidable and binding promise. 51. Informal Writings.-The great distinctions insisted upon by the law between verbal and written promises relating to the disposal of property in contemplation of marriage, which distinctions do not apply in all other pecuniary arrangements, and which especially do not apply to promises to marry, have naturally led to the informal writings properly called marriage articles; because, when a person of property says to either of the parties that he or she will do so and so, it is not unreasonable for the party to whom the promise is made, knowing the legal worthlessness of spoken words, to request that they may be written; and, as it often happens that the generous impulse breaks out immediately on the eve of the marriage, and there is therefore no time to send for a lawyer to do it, informal writings are the natural consequences. For such a document any scrap of paper will do that happens to be at hand, and the writing may be anyhow, so that it is intelligible and applicable to the circumstances. If the person who makes the promise writes it himself, it is binding, whether he signs it or not, if there is legal proof as to when he wrote it. If such person, being, say, infirm or indolent, allows or instructs the inte rested party to write the particulars, and afterwards gives his verbal assent thereto, that may be binding, but it is open to suspicion; if the promiser signs such a memorandum, knowing its contents, it becomes fully effectual. 52. Vital Letters.-Just as informal memoranda are effectual as marriage articles, so may letters be. Thus, if a gentleman of property writes, "My dearest Lucy,—I am delighted to hear of your conquest, which gives me so much satisfaction, that I shall settle three thousand pounds upon you," that is as binding upon the writer as if it had been a deed a yard long, prepared by a troop of lawyers, formally signed, and decorated with half a dozen seals. 53. Formal Deeds of Settlement.-Where there is time, and the intentions of the promiser are genuine, it is desirable to embody rough marriage articles in a deed, which is best IN PRUDENT CHARITY THERE IS NO EXCESS. |