[Illustration: CHAMBERSâS JOURNAL OF POPULAR LITERATURE, SCIENCE, AND ART Fifth Series ESTABLISHED BY WILLIAM AND ROBERT CHAMBERS, 1832 CONDUCTED BY R. CHAMBERS (SECUNDUS) NO. 7.âVOL. I. SATURDAY, FEBRUARY 16, 1884. PRICE 1Â½_d._] HOW LIFE-OFFICES PAY THEIR DEATH-CLAIMS. The difficulty and delay in obtaining payment of the sum assured, when death occurred, was at one time urged as an objection against the system of life-assurance; but of late years the percentage of cases in which this objection could hold good has been reduced to a mere fraction, and offices now vie with each other in facilitating prompt and satisfactory settlement. This and other material improvements in the practice of life-assurance which have been recently introduced, have tended to obviate many popular objections, and greatly to increase the number of the assured. While it is sadly true that there are thousands of homes in our country without adequate protection against the suffering and distress which the death of the bread-winner would entail, it is gratifying to find that by means of existing policies a provision has been made to the extent of four hundred and thirty-five millions sterling, for the maintenance and comfort of the widows and orphans of the future, and this amount does not include what is known as industrial business. It is difficult to realise without a strong effort of the imagination what a vast alleviation of the sum of human misery is shadowed forth in the fact just stated. The humble cottage of the artisan, and the stately hall rich with heraldic emblazonry, are alike destined to draw comfort and solace from this beneficent treasury. We do not propose to give the history of life-assurance, or, at this time of day, to demonstrate the great advantages of the system, but to give some information which may be useful and interesting to the vast brotherhood of persons who have already availed themselves, or who intend to avail themselves, of its benefits. Notwithstanding the vigorous efforts put forth by more than a hundred competing offices to give their terms publicity, there are still men to be found who have very crude ideas of what life-assurance is and does. One man in all seriousness proposed to join one of our Scottish offices, thinking he could draw half the sum at once, and the other half later on; quaintly remarking: âWhat use is the money to me after I am dead?â Another proposer for a policy suggested that in lieu of his annual premiums being paid as they fell due, the office should allow them to remain unpaid, and at his death deduct the sum of the unpaid premiums as a debt from the policy! Life-offices, like men, must, in order to live, find the means of living; and we are afraid that, under present conditions, no means of escape can be afforded to the public from satisfying the necessity under which all assurance offices existânamely, that of requiring the payment of premiums, and these payments to be made punctually as they fall due. There was a time when non-payment of the premium on the due date meant forfeiture of all benefit and all past payments; but now these hard conditions have been almost entirely abolished; while certain offices have adopted a plan by which a policy is kept in force automatically, by applying to the payment of premiums the value that would be given on surrender of the policy, so long as the value is sufficient for the purpose. There are many other points in connection with which needless restrictions have been relaxed; but there are certain well-considered regulations which must be rigidly adhered to by every well-managed office. The medical and legal faculties are essential allies of the offices, both at the commencement of the contract and at the close of it. The doctor must examine a proposer, and report on his family and personal history, before he can be admitted to benefit; and when death takes place, the doctor must certify the fact and report the cause. Again, the lawyer may prove a most successful agent for the Company in inducing men to join by advocating the benefits of life-assurance, and has an opportunity, when preparing marriage settlements or making wills, of suggesting a policy of assurance as an excellent subject for settlement or bequest. During the last few years, the interval between death and the payment of claims has been greatly shortened; and most of the enterprising new offices have made it a point to offer settlement of the claims arising from death with the least possible delay. This is as it should be; and many of the older and more conservative offices have seen it to be to their advantage to abandon the three or six monthsâ interval which usually had to elapse before payment of the sum assured was made. When we consider what prompt settlement in many cases implies, this acceleration of payment is a movement which will be much appreciated, and, like every other policy of the kind, will eventually benefit those offices adopting it. It is plain that when the assurance money is the chief resource of the bereaved family, early payment by the office is of immense advantage, enabling immediate steps to be taken in some measure to supply the place of the bread-winner; and even in cases where there is other property left, the earlyâalmost immediateâpossession of ready-money must be a great boon, often enabling other effects to be disposed of at leisure, and without the loss which frequently attends a forced realisation. We observe, therefore, with satisfaction that a large number of offices now pay the sums assured either on proof of death and title, or, what is practically the same, in a month after proof of death. Not one of the seventeen Scottish offices, for instance, now retains the old style of paying six months after death. Two of the Scottish offices pay on proof of death and title; four, one month after proof of death; two, three months after date of death; and nine, three months after proof of death. Many of the English offices also have within the last few years agreed to pay their claims sooner than heretofore. This acceleration of the payment of claims has long been a desired reform, and will no doubt result in an increased flow of business to those offices which have adopted it. In order that full advantage may be taken of this concession, co-operation on the part of the assured is needed. For instance, there is one form of âself-helpâ which could be practised by allânamely, the production of evidence of age. When proof has not been produced to the office and admitted, there is often delay caused in getting payment. In many cases, there is among the nearest friends an astonishing absence of knowledge as to the place and date of birth of their relatives, and therefore the proper person to clear up such matters is the assured himself. If born in England after July 1, 1837, an extract from the general Registry at Somerset House, London, can be got for a small fee. At Somerset House, there are also preserved the non-parochial registers of baptisms or births kept by various bodies and congregations of Nonconformists prior to the general system of registration which commenced at the above-mentioned date. In Ireland, registration commenced only in 1863. In Scotland, the registersâwith the exception of those for the period from January 1, 1820 to January 1, 1855, which are in the possession of the local registrarsâare preserved at the Register House in Edinburgh, and an extract can be got on application; or the assurance office can, if requested, take an extract from the register there on payment of one shilling. Seeing that, as a rule, the correct date of birth can easily be certified, every policy-holder should do so without undue delay, and have a marking made by the office on his policy that âAge is admitted.â A mistake of a year or two is easily made, and although the deficiency in annual premium may be small, the operation of compound interest, which is so essential a part of the system of life-assurance, causes the accumulation of these little sums to assume sometimes a startling appearance, when it comes to be deducted at settlement from the sum assured; and it is unpleasant for all concerned that such deduction should have to be inflicted. There is not now the fear which is said to have existed in Henry VIII.âs time, that a government register of births might be used for the purpose of a poll-tax; and as the operation of our registration system goes on, the difficulty in getting proof of age will be reduced to a minimum. When no official proof of age can be produced, offices, as a rule, co-operate with those interested, and admit the age when they have been satisfied that reasonable endeavour has been made to establish the correct date of birth. In all cases, it is evident how desirable it is that the assured should themselves see to this. When death has occurredâthat is, when, technically speaking, the policy has become a claimâintimation should be given to the office at once, which will issue two simple and easily understood forms, one to be filled up and signed by the doctor who attended the deceased in his last illness; and the other by a friend who has known the deceased for some time, and who can certify to his identity. It is, of course, impossible to produce such certificates in cases where men whose lives were assured are drowned or otherwise lost; but after reasonable delay, the offices admit and pay such claims on the best circumstantial proof of death that can be obtained. In ordinary cases, the medical certificate not only vouches for the facts, that such and such a person died at such and such a place on a certain date, but it also states the cause of death, which is of value to the offices, as enabling them to elicit certain facts necessary for future statistical inquiries. The party who fills up the certificate of identity must be a person of respectability, to whom the deceased was well known, and who is capable of certifying that the deceased is the same person whose life was assured under the policy of assurance which is being claimed upon. It often happens that the assured has changed both his occupation and address since he assured, and of course the office must be certain that they have the right man before paying any claim. Some offices are more particular than others, and require, in addition to the above two certificates, a copy of the entry of death in the register, certified by the registrar for the district. The forms should be returned as early as possible to the office, so as to be submitted to the directors at their first weekly meeting. The claim is then admitted, and the office intimates on what day payment will be made, provided the title of the party who is to receive the money is in order and produced to the office. It is not going wholly outside of our present purpose to repeat the oft-given advice, that every one possessed of a policy or other bequeathable property should make a will. In the amusing episode in the _Posthumous Papers of the Pickwick Club_, when the will of the landlady of the _Marquis of Granby_ has been discovered in âthe little black teapot on the top shelf of the bar closet,â the elder Weller, who was named sole executor, says to his son: âI sâpose, Samivel, as itâs all right and satisfactory to you and me, as is the only parties interested, ve may as vell put this bit oâ paper [the will] in the fire.â Knowledge is now too generally diffused to endanger the safe custody of so important a document; but the public require to be reminded of the necessity of preserving all deeds (if any) by which policies have been assigned and re-assigned, as these will be called for by the office, before any payment is made. Between the dates of admission of claim and time of payment, some form of title must be produced, with the view of enabling the Company to prepare the form of discharge to be signed by the persons entitled to receive the money. The discharges are adjusted by the Companies free of expense to claimants, except in the case of insufficient or complicated titles, where special legal assistance is necessary.[A] No more _popular_ argument in favour of life-assurance could be given than the manner in which our Companies discharge their obligations. Every year, more than ten million pounds sterling are dispensed throughout the land from these beneficent institutions to sorrowing widows in their time of need, and to helpless children bereaved of a fatherâs care, whose love thus found a way to provide for them when he was called away. FOOTNOTES: [A] We may here refer to the provision of the Acts passed to facilitate the administration of estates under three hundred pounds. Information as to the simple and inexpensive mode of procedure in such cases can be obtained by application to the sheriff-clerks in Scotland, or to the Inland Revenue authorities in England. BY MEAD AND STREAM. CHAPTER XI.ââSTRICTLY CONFIDENTIAL.â That was the best news Martin Wrentham had heard for a long time. Gribble & Co. were commission agents, and undertook any kind of business which promised a profit. Shipping, stocks, landed estates and house property; cargoes of wine, of tea, and of wool, were all equally welcome to the best attention of Gribble & Co. Mr Wrentham was the sole partner and representative of this impartial firm. There never had been a Gribble or a Co.; but there was a highly respectable and old established firm known as Gribble, Hastings, & Co., who had nothing to do with the house in Golden Alley. There were, however, people in the colonies and on the continent who made mistakes, and entered into business relations with Mr Wrentham under the impression that they were dealing with the firm whose designation was so nearly the same as the one under which he traded. The mistake was of course discovered by some, and rectified as soon as possible; but still there were others who continued to blunder, and Wrentham appeared to prosper. There were envious City men who said that he made more out of the betting ring than out of his professed business; and he certainly was well known in sporting circles. He frequently had the âstraight tipâ for the Derby, the Oaks, Ascot, the St Leger, and other important racing events of the year. This information he was good-naturedly ready to impart to his friends, claiming only what he called a âcomfortableâ percentage on the winnings, whilst he had no share in the losses. It had long been his ambition to open an account with the great house of Hadleigh & Co. With this object in view, he had taken infinite pains to ingratiate himself with Mr Hadleigh, and succeeded so far that he became an occasional guest at the Manor: but no business came of it. He had courted the society of Coutts Hadleigh, flattered him, spent time and money in amusing him, endured his cynical jokes, and had even given him âstraight tipsâ without seeking a commission: still no business came of it. But he did not give up hope. He was cool, patient, and good-humoured, and his perseverance was rewarded. See, here is the chief partner of the firm come to him at last with the announcement that his visit was on âimportant business.â âUpon my word, Mr Hadleigh, you give me such an agreeable surprise, that I can only say we shall have pleasure in doing the utmost in our power to serve you satisfactorily.â Wrentham was always frank, always eager to say the thing which he supposed would please his listener most. If he was pleased, he said so, and showed it; if displeased, he showed it, although he did not always say so. But then he was very seldom displeased; for he had the happy knack of turning the most offensive words or acts into a joke or ridicule, so that he never quarrelled with anybodyânot even with the tax-collector. âI may tell you at once,â said Mr Hadleigh in his cold way, âthat the business is entirely private at present, and has nothing to do with the firm.â âI shall have the more pleasure in attending to it as a friend,â was the cordial reply. âThank you; but I give you credit for knowing enough of me to be aware that I shall not take advantage of your generosity. You have heard the sayingâthere is no friendship in business.â âHappily, there are many exceptions to the rule,â said Wrentham cheerfully. âThis is not to be one of them. You are to regard the transaction as one coming to you in the ordinary course of business, but to be dealt with as a strictly confidential matter. Your clerks are to have nothing to do with it.â There was something in his manner, calm and quiet as it was, which attracted Wrenthamâs attention, puzzled him, and modified the enthusiasm with which he had begun the interview. âIf you will explain, Mr Hadleigh, you will find me willing to do whatever you require, if it is possible.â Mr Hadleigh looked steadily in the speakerâs face, and the latter leaned back on his chair, as if to afford a better light for the inspection. He endured the gaze with the placid smile of one who was prepared for the closest scrutiny into his character and motives. Apparently satisfied, Mr Hadleigh, speaking with much deliberation, proceeded: âI want in the first place a little information. You have been for some time doing business for Mr Austin Shield?â The placid smile faded from the countenance of Gribble & Co., and the plural pronoun came into use again. âThat is correct. He has intrusted us with various small commissions; but they are mere trifles, I believe, compared with those he has given to others. Indeed, I do not think he has treated us quite so liberally as he ought to have done.â There was no irritation in the last remark: it simply implied that Mr Shield had not acted wisely. Mr Hadleigh did not appear to have observed it. âYou are aware of his relationship to my children?â âYes; and that your son, Philip, is going out to him. Lucky for your son, I should say.â âI do not wish him to go.â âWhâat!â The exclamation was long drawn out, and its modulations were suggestive of a rapid series of speculations, in which curiosity and doubt were more predominant than surprise. âI do not wish him to go,â repeated Mr Hadleigh, each word passing his lips like the measured stroke of a funeral bell. âYou take my breath away. Such a chanceâsuch prospects! Shield is reported to be enormously wealthy, and he has no direct heirs.... Pardon me, Mr Hadleigh, but I must say that you would be doing the young man a serious injury if you interfered with his uncleâs wishes.â In sickness and in sorrow there are people who feel called upon to offer you their sympathy; but there is too often a conventional ring in the expression of it which there is no mistaking, and even bare politeness in the acknowledgment of it becomes irksome. It was in this conventional way that Wrentham uttered his virtuous warning to the parent who was opposing his sonâs best interests. The parent understood, and smiled. âStrange as it may seem to you, Mr Wrentham, my desire is that not one of my children should be mentioned in that manâs will.â âExtraordinary! But you were always peculiar in your views of things. To be sure, your views generally turned out to be the right ones. Everybody in the City is aware of that. But I do not see yet how my services can be of any use to you in this matter.â âThe service I require will not be difficult to render. You have been for some years in correspondence with Mr Shield, and you know more about his affairs than any one in London except his solicitors. I want you to tell me all that you have learned regarding his intentions concerning Philip.â âThat is easily done. I have learned absolutely nothing.â Wrentham was quite cheerful again as he gave this reply. Mr Hadleigh was disappointed: he was silent and thoughtful for a few moments. Then: âI begin to see his purpose.â âI should be glad if you would enlighten me,â said Wrentham eagerly: âit might be useful to me.â âI am quite sure it will be. But first you must give me a full explanation of his affairs, so far as you are acquainted with them, and the nature of this business which has brought him such sudden wealth, and which he is at so much pains to keep secret.â Wrenthamâs cheerfulness disappeared, and he rose uneasily. âI am sorry, Mr Hadleigh, that you should ask me for information which I am not at liberty to give.â âYou mean that his business is of so much value that you cannot risk the loss of it?â âOf courseâof course, his business is of some importance to us, although, as I have already mentioned, he has not treated us quite so liberally as we think he ought to have done. Besides, we have only a small part of his patronage.â âAll the same you would not like to lose it?â âWell, not unless something better offered itself,â replied Wrentham, recovering a degree of his jaunty manner, as he recollected that he was speaking to the head of a great firm whose influence might bring him thousands a year. It would never do to display to such a man either too much weakness or too much indifference. âBut if that something better did not present itself, you would be sorry to lose the connection. I suppose it is necessary to tell you what my surmise is as to his intentions. He intends to establish Philip as his sole representative in England, and everything will be taken out of your hands. I may be able to help you, if you will give me the information which will put it in my power to do so.â Wrentham walked to the window, stared at the blank wall opposite, and frowned at it. Mr Hadleigh smiled at his evident alarm, and attempted to relieve it. âYou need not be afraid to trust me; I am not inviting you to enter into a conspiracy against Mr Shield. I have no evil design in my inquiries.â âI am sure of that,â responded Wrentham, wheeling round. Every sign of alarm had vanished from his visage. âBut of what use could the information be to you? Giving it might do me a great deal of harm, whilst it could not serve you.â âOf that you cannot judge. But we need not discuss the point further at present. Take time and consider. Meanwhile, you can have no objection to do this for meâtelegraph to him that you learn from me that Philip goes out to him against my will.â âIt shall be done immediately, and I will bring you the answer myself.â There was a tap at the door, and the clerk entered with a slip of paper which he handed to his master. âAll right, Perkins. Shall be disengaged in a few minutes.â As the clerk closed the door behind him, Wrentham handed the paper to his visitor, who read on it, âMr Philip Hadleigh,â and instantly rose to go. âPerhapsâyou will excuse meâbut perhaps it would be as well if you did not meet each other here at present. Here is my private door.â âI expect to see you this evening with the answer to the telegram,â said Mr Hadleigh quietly as he went out. âYou shall see me whether the answer has arrived or not.â When he had closed the door, Wrentham stood still, unconscious, apparently, that he was resting on the handle, although it seemed as if he were half-inclined to call Mr Hadleigh back. His expression had changed to a frown at some invisible object on the floor, and his head was slightly bowed. This was his thought: âHave I lost a chance, or opened the way to one?... Eminently unsatisfactory, if I have not. He must have some game on.... No designs! As if he could gammon me into the notion that he was the sort of man to bother himself about other peopleâs affairs without good reason for it. A hundred to one on _that_ event. But if Shield does mean to take everything out of my handsâââ He frowned still more darkly at the invisible object on the floor, and the speculation ended in a chaos of disagreeable reflections. With a quick jerk of the head he roused himself. âWeâll see,â he muttered as he advanced to the table and touched a hand-bell twice. The habitual smile had returned to his face when Philip entered the room. âI shall not keep you many minutes to-day, Mr Wrentham. But I suppose you will have to give me an hour or so on the earliest date you can appoint.â âIt will be a pleasure to me whatever it may be to you. I suppose it is business. I shall make it as easy for you as I can. What is it?â âI have just got this from Hawkins and Jackson, which, they tell me, my uncle inclosed to them with instructions that they were to see that I gave personal attention to the matter.â Wrentham read the note, placed it in a clip bearing the word âImmediateâ in large capitals, and looked up again. âYour uncle might have sent this to me directâI should have liked it better; but he has a curious way of doing things. You are to have a full statement of my accounts with him, and it is to be duly audited by a professional accountant. This looks as if he intended to close the account altogether.â âI hope not.â âWell, the statement will be ready for you on Wednesday next week, and you shall have every assistance and explanation you may require from me.â âThank you. At what hour shall I call?â âTen oâclock. I expect you will have a long day of it.â âWe cannot help that, I suppose, and I need not take up more of your time at present.â âAre you in a hurry? Because I am going out to have some luncheon, and you might join me.â The invitation was given so cordially, that Philip could not decline, and they went out by the private door together. At the mouth of the alley they were passed by a smart little man with thin clean-shaved face, wearing a soft felt hat, a loose black frock-coat, and gray tweed trousers. He carried in his hand a folding trestle and a well-filled green bag, and under his arm was a small circular table top covered with green baize. He lifted his hat to Philip, who acknowledged the salute with a pleasant nod. Wrenthamâs attention was attracted by something in another direction, and the little man went swiftly on his way. âThatâs the juggler Bob Tuppit,â said Philip to his companion. âHavenât you seen him down our way? I suppose he has just had a successful performance in some quiet court, he looks so cheery. Clever fellow; works ten and twelve hours a day, and tells me he makes a decent income out of it.â âIs he an acquaintance of yours?â inquired Wrentham, somewhat drily. âI have had several chats with him, and found him a most interesting and intelligent fellow.â âHas he told you anything about his family?â âNothing more than that he is married; has a troop of children, and a comfortable home.â âAh, that is not like the ordinary tramp. But I wouldnât cultivate his acquaintance, if I were you. No doubt he told you all about his birth and parentage, and got a sovereign out of you on the strength of being a poor orphan.â âHe told me that he had been born and brought up in London; but he has travelled over the whole country in his professional capacity. He speaks of his juggling as a âprofession.â He is an orphan, as you guessed; but he has a brother somewhere.â âAnd what might his profession be?â said Wrentham with a quick side-glance at Philip. âI donât know. Tuppit is shy of talking about him; and from his sorrowful way of mentioning the fact that he had a brother, I came to the conclusion that the fellow was in prison, or something of that sort. So I did not put any disagreeable questions.â They had entered the dining-room of the Gog and Magog Club by this time; and amidst the clatter of plates and knives and forks, and the loud hum of voices, Wrentham pointed to the bill of fare, which was hung up beside the clerkâs desk, and said hastily: âWhat are you to have?â * * * * * Mr Hadleigh had been much more disappointed by the result of his interview with Wrentham than he had allowed to appear. He had gone to him with the vague hope that he might learn something about Austin Shield, which should give him an excuse for making another appeal to Madge. He had learned nothing. There was, however, a probability that when his objection was made known to Shield, the latter would himself withdraw the invitation he had sent to Philip. In the evening, Wrentham presented himself at the Manor. No answer to the telegram had yet arrived: the conversation in the library occupied an hour notwithstanding. Shortly after noon on the following day, Wrentham brought the expected answer to Mr Hadleigh, who was waiting for it in his private room in the office of his firm. â_My sisterâs son must decide for himself._â âIt is like the man,â muttered Mr Hadleigh, as he tore up the paper. âNow, you can make your choiceâhis business or mine.â âI shall give you an answer in half an hour.â Wrentham returned to his office, and entered it by the private door. He took a half-crown from his pocket and balanced it on his forefinger and thumb. He gazed at it steadily for a moment, then tossed it up. âHeads for Hadleighâtails for Shield and sudden death.... Heads it is, and Hadleighâs my man.â He picked up the coin, seated himself at his writing-table, and proceeded to communicate his decision to Mr Hadleigh with as much gravity as if he had arrived at it after serious deliberation. FAMILIAR SKETCHES OF ENGLISH LAW. BY AN EXPERIENCED PRACTITIONER. It is not necessary for the writer of these sketches to declare which branch of the legal profession he belongs to, but it appears desirable to explain the purpose for which they are written. The laws of our land are so numerous and complicated, and derived from so many sources, that it is impossible for any human mind to make itself thoroughly acquainted with all their multifarious details, however familiar the general principles of the law may have become. And yet every one of the Queenâs subjects is responsible for any breach of the law which he or she may commit. The reason of this is obvious: a law which might be broken with impunity on the excuse that the law-breaker was ignorant of its existence, would be an absurdity. If laws are to be of any use, they must be universally binding, on the learned and unlearned, within the sphere of their operation. In the course of a long, extensive, and varied professional experience, we have often been astonished to find profound ignorance of legal principles and responsibilities in unexpected quarters; and it has occurred to us that a few familiar articles on the laws which affect the different relationships of social life might be both interesting and useful. Many of the principles which affect persons in the characters of husband and wife, parent and child, master and servant, and so forth, are easily understood, if explained in simple language and free from technicalities. In so doing, we have no intention to interfere with the proper province of the solicitor or the barrister. The law has in many respects been much simplified during the present century; but still the proverb remains true, âHe who is his own lawyer has a fool for his client.â In buying a house, the title must be investigated by one who has acquired an accurate knowledge of the law of real property, or a fatal flaw in the title may deprive the purchaser of that for which he has paid. Home-made wills, unless of the very simplest description, lead in many cases to costly and vexatious litigation after the death of the testator. And in actions and other legal proceedings, where the rights of the parties depend upon the application of established legal principles to new combinations of facts which are themselves doubtful and capable of being considered from opposite points of view, the necessity for professional assistance is too obvious to require comment. I. MARRIAGES; SETTLEMENTS; AND BREACHES OF PROMISE TO MARRY. The contract of marriage lies at the foundation of our social system; and therefore we select it and other matters incidentally relating thereto for explanation and comment in the first instance, reserving for a future paper the law of _Scotch_ marriages, as apart from that which now holds good south of the Border; but noting in the meantime, that prior to 25th March 1754, when Lord Hardwickâs Act came into operation, the theory of the law in both countries was, that the consent of a free and capable man and woman, to become husband and wife constituted marriage, if proved by credible evidence. But in England, a marriage by mere words of consent did not confer all the rights consequent on a marriage duly solemnised. Since 1754, the English law has required definite technicalities of evidence, which, however, have been much restricted in their scope for injustice. In considering the first part of our subject, âWho may marryâ, it will be most convenient to deal with the question negatively; and when we have seen who must not marry, it must be understood that persons not coming within any of the categories specified are at liberty to enter into the legal contract of matrimony. Foremost among the disabilities is insufficient age. In this respect the law is extremely indulgent, fixing the age for a male at fourteen, and for a female at twelve years. But there is a qualified disability beyond those ages: a person who has not been previously married, and is under the age of twenty-one yearsâtechnically called an infant or minorâis not allowed to marry without the consent of his or her parent or guardian. The consent of the father is required if living; after his death, the consent of the guardian appointed by his will, or otherwise lawfully appointed; or if none, then of the mother if still a widow. If the mother be married, then a guardian may be appointed by the High Court of Justice. When the minor is a Ward of Court, any person marrying him or her without the consent of the Courtâwhich will only be granted on a proper settlement being madeâmay be imprisoned for contempt, and will only be released, after longer or shorter detention at the discretion of the Court, on condition of paying all costs, and settling the whole of the wardâs property as the Court may direct, the offender being usually excluded from any benefit therefrom. A lady of full age was recently sent to prison for marrying an infant Ward of Court without consent; and there have been numerous instances of gentlemen being punished in the same way. Nullity of the marriage is not now the result of this disability; but the man who procures a license by affirming that he is of full age when he is not, or that the necessary consent has been obtained when it has not, may be punished both civilly and criminally. Another disability is want of sanity. It is not to be understood that weak-minded people must not marry; they can, and do in considerable numbers. But if a person who is a lunatic go through the form of marriage, except during a lucid interval, the marriage is void. This objection to the validity of a marriage does not often occur; but sometimes the question whether a man was lunatic or of sound mind when married is difficult to determine, but most likely to be settled in favour of his sanity, unless there was manifestly some fraudulent or sordid motive for the marriage. Nearness of relationship, either by birth or marriage, is another disability. First-cousins and all persons more distantly related, may lawfully intermarry. But ancestors and descendants in the direct line are prohibited; as are also brothers and sisters, uncles and nieces, aunts and nephews. We will not here enter into any controversy as to the expediency of the law which prohibits the marriage of a widower with the sister or niece of his deceased wife. Before 1835, a marriage between persons whose relationship was within the prohibited degrees was not necessarily void, but voidable only during the joint lives of the parties thereto; so that if the marriage were not set aside during the lives of both parties, on the death of either of them it was treated as having been a valid marriage, and the children born thereof were legitimate to all intents and purposes. But in that year an Act of Parliament was passed declaring such marriages void in future. The last existing disability which we shall notice is that of being married already. A married person cannot legally marry again until the first marriage is dissolved, either by death or by a judicial decree. On this subject much misapprehension exists. Many persons believe that a wife who has been deserted by her husband for seven years or upwards, without hearing from him, or knowing whether he is alive or dead, may marry again; but this is a mistake. Such a marriage would be void if the former husband should be proved to have been alive at the time it was celebrated. Probably the delusion had its origin in the fact, that in those circumstances the woman could not be convicted of bigamy. For that purpose alone, the presumption of the husbandâs death after seven years of absence without any information as to his continued existence, would be recognised by the law, and might be pleaded as a defence to an indictment for bigamy. Formerly, an engagement to any other person was a bar to marriage. If A promised to marry B, he could not marry C unless B absolved him from his promise. But this disability has long been abolished, though B might sue A for breach of promise. The next consideration is, âHow to marry.â Excluding the Royal Marriage Act, and merely drawing attention to the fact that a marriage between two members of the Society of Friends (or Quakers) at a meeting-house, or between two Jews either at a synagogue or elsewhere, were not affected by Lord Hardwickâs Act, and are not affected by the Acts which are now to be referred to, we will next briefly epitomise the most important provisions of the Marriage Act of 1823. This Act confirms the power which had long previously been enjoyed by the Archbishop of Canterbury of granting special licenses, by virtue of which parties may be married at any place specified therein and at any hour of the day. These licenses are issued at the Faculty Office, on sufficient cause being shown, and verified by affidavit. It is not very difficult to find a reason which will be satisfactory to the officials, if an applicant be willing to strain his own conscience. A special license, however, costs about thirty pounds. An ordinary license can only be issued for solemnisation of matrimony in a parish in which one of the parties has resided for at least fifteen days previously; and if what is termed a caveat should have been entered against the granting of a license, the objection raised thereby must be disposed of by the Court, or the caveat be withdrawn, before the license can be granted. If the marriage is to be performed in an Episcopal church by license, one of the parties must attend at the vicar-generalâs office, the diocesan registry, or before a surrogateâa clergyman appointed by the bishop for the purpose of granting ordinary marriage licensesâand swear that there is no impediment of kindred or alliance, or other lawful hindrance to the marriage; and also as to the residence in the parish, and the consent of parent or guardian if necessary. It will be remembered that an infant widow or widower may remarry without such consent. A cheaper way of being married according to the rites of the Church of England is after publication of banns. This consists in reading the names of the parties publicly on three successive Sundays at a prescribed part of the service. If both parties do not reside in one parish, the banns must be published in both their respective parishes; and if either of the parties be a minorânot having been previously marriedâhis or her parent or guardian may publicly declare his or her dissent, and thereupon the publication of banns is void. Marriage, whether by license or by banns, must be celebrated within three months, or the whole of the preliminaries must be gone through anew. All marriages in England must be between eight oâclock in the forenoon and twelve at noon, except marriages by special license. Questions often arise as to the name in which a person should be married. As a general rule, the same name should be used for this as for the ordinary business of every-day lifeâthe name by which the person is generally known. If John Jones has called himself John Robinson, and has been so called by other persons so long that his original name has been forgotten, the publication of the banns of marriage between John Jones and Mary Smith would not answer the object of the statute, for it would not inform the parishioners that the person known by them as John Robinson proposed to get married. Accuracy in name is now, however, of little importance, because the use of a false name no longer renders a marriage null, unless both the man and the woman are parties to the fraud, and so a favourite device of a hundred years ago is legally impracticable. It is not necessary to dwell upon the form of the service used in the solemnisation of matrimony. It is, or may become, familiar to all persons interested. But perhaps it may not be universally known that the celebration of marriage without license or due publication of banns is a criminal offence, punishable by penal servitude or imprisonment with hard labour. In addition to the clergyman, there must be at least two witnesses present, and the marriage must be registered. The subject of registration of marriages will be most conveniently considered hereafter, in conjunction with the laws relating to registration of births and deaths. Previous to 1st March 1837, the only marriages recognised by the law in England were those above referred to; but on and since that date, it has been allowed for Nonconformist ministers to celebrate marriages in places of worship duly registered for that purpose; and for persons to be married without any religious ceremony at the office of the Superintendent Registrar of the district. If the marriage be intended to be by license, notice must be given to the Superintendent Registrar of the district in which one of the parties has resided for fifteen days previously. After an interval of one clear day, the license is issued, and the marriage can then be celebrated. In case of a marriage without license, seven daysâ residence before notice is sufficient; and if the parties reside in different districts, notice must be given to both Superintendent Registrars. Twenty-one days afterwards, the Superintendent Registrar issues his certificate, authorising the celebration of the marriage. When the parties do not both reside in one district, it sometimes happens that the non-resident party comes without the requisite certificate, when the wedding has to be postponed to another day. The notice of intention to marry, whether with license or without, has a statutory declarationâequivalent to an affidavitâsubjoined, to the same effect as is required before the granting of an ordinary license by a surrogate. The form of marriage service at a Nonconformist place of worship is usually somewhat similar to that used by the Church of England; in some cases more concise, in others more diffuse. It is essential that in some part of the ceremony both parties should declare that they respectively know of no lawful impediment; and that each should take the other to be his or her lawful wedded wife or husband; and that a Registrar of Marriages should be present, in addition to the minister and two or more witnesses. The form of marriage at the office of a Superintendent Registrar, or what may be called a purely civil marriage, is very short, being practically confined to the declarations of no impediment and the mutual taking. The Superintendent Registrar, Registrar of Marriages, and two other witnesses, must be present. The notice of marriage without license, which is equivalent to publication of banns, has the advantage of comparative privacy; it is suspended in the register office twenty-one days, but is not otherwise published. In some cases, marriages may be celebrated in an adjoining district in which neither of the parties resides; that is, when they belong to any body of Christians who have not a place of worship within the district of residence. Licenses and certificates for marriage are only good for three calendar months from the date of the notice; and any person unduly celebrating a marriage under these Acts is declared to be guilty of felony. Marriages of citizens of this country abroad are generally celebrated at the British consulâs office, and had better, in cases of doubt, not be entered into without his advice, especially if one of the parties to the proposed contract be a foreigner. Indeed, even in this country it is hazardous to marry a foreigner without knowing the law of the country of which he is a citizen, and fully ascertaining that it would bind him to the proposed marriage if carried out. For example, it may happen that a Frenchman has married an Englishwoman, and that, for want of some of the consents required by the French law, he may, though bound in this country, be able to return to his own, and plead successfully that his marriage here was entirely null. Indeed, many aliens can do this and the like of it; and all Englishwomen ought to know how little the law of England can do for them in a foreign country. âA settlementâ may be made either before or after marriage. The former is properly called a Marriage Settlement; the latter, a Post-nuptial Settlement. The rules of law by which these two classes of settlements stand or fall are essentially different; the former being made for valuable consideration, are good against all the world if the property settled be the settlerâs own. This is reasonable; for it may be that the lady would not have accepted the gentleman if the settlement had not been made in her favour, and it would be unjust to deprive her of that for which she had bargained, as it would be impossible to place her in the same position as if the marriage had not been celebrated. A marriage settlement which comprises personal chattels is also exempted from the operation of the Bills of Sale Act, and does not require to be registered. But a post-nuptial settlement of movable goods must be registered as a bill of sale; and it is void if the settler becomes bankrupt or files a petition for liquidation within ten years afterwards, unless the parties claiming under the settlement can prove that the settler was at the date of the settlement able to pay all his debts without resorting to the property settled. In any event, bankruptcy or liquidation within two years is fatal to a voluntary settlementâin which class post-nuptial settlements are comprised. The trusts of a settlement vary greatly according to the nature and value of the property settled and the position of the parties. But all settlements have this in commonâthe property to be settled is conveyed
{'title': "Chambers's Journal of Popular Literature, Science, and Art, Fifth Series, No. 7,", 'source': 'Project Gutenberg', 'lang': 'en'}