Enquire Within Upon Everything Part 132

1556. Close of Bankruptcy.

Bankruptcy may be declared closed, and order to that effect published in the 'London Gazette', when the Court is satisfied that all bankrupt's property has been realised, or a satisfactory arrangement or composition made with the creditors.

1557. Grant of Order of Discharge.

Order of discharge may be granted by the Court on the application of the bankrupt at any time after adjudication. The Court may suspend or withhold order if bankrupt has kept back property or acted fraudulently.

1558. Fraud.

In cases of fraud, the bankrupt may be proceeded against under the Debtors Act, 1869, under which he may be imprisoned for not exceeding two years with or without hard labour.

1559. Void Settlement.

Settlement of property by a Debtor on wife and children will become void if the settlor becomes bankrupt within _two_ years after date of settlement, and within _ten_ years unless it can be proved that the settlor was able to pay his debts when settlement was made without aid of property settled. This does not apply to a settlement made before marriage, or after marriage of property accruing in the right of wife, or settlement made in favour of purchaser in good faith for valuable consideration.

1560. Arrest of the Debtor.

Arrest of the debtor may be ordered by the Court if, after a bankruptcy notice or pet.i.tion, there is reason to believe he is about to abscond or to remove, conceal, or destroy any of his goods, books, &c., or if, after a receiving order, he removes any goods above the value of 5, or if, without good cause, he fails to attend the Court for examination.

1561. Breach of Promise of Marriage.

Oral engagements and promises to marry will sustain an action, unless the marriage is limited to take place upwards of a year from the making of the contract, in which case the agreement to marry must be in writing. No plaintiff can recover a verdict unless his or her testimony shall be corroborated by some other material evidence in support of the promise. The conduct of the suitor, subsequent to the breaking off the engagement, would weigh with the jury in estimating damages. An action may be commenced although the gentleman is not married. The length of time which must elapse before action must be reasonable. A lapse of three years, or even half that time, without any attempt by the gentleman to renew the acquaintance, would lessen the damages very considerably--perhaps do away with all chance of success, unless the delay could be satisfactorily explained.

The mode of proceeding is by an action at law. For this an attorney must be retained, who will manage the whole affair to its termination.

The first proceeding (the writ, service thereof, &c.) costs from 2 to 5. The next proceeding--from a fortnight to a month after service of the writ--costs about 5 more. The whole costs, to the verdict of the jury, from 35 to 50, besides the expenses of the lady's witnesses.

If the verdict be in her favour, the other side have to pay her costs, with the exception of about 10. If the verdict be against her, the same rule holds good, and she must pay her opponent's costs--probably from 60 to 70.

[TOO MANY COOKS SPOIL THE BROTH.]

1562. Before Going to Law.

Before legal proceedings are commenced, a letter should be written to the gentleman, by the father or brother of the lady, requesting him to fulfil his engagement. A copy of this letter should be kept, and it had better be delivered by some person who can prove that he did so, and that the copy is correct: he should make a memorandum of any remarks or conversation.

1563. Examples.

We give an abstract or two from the law authorities: they will, we have no doubt, be perused by our fair readers with great attention, and some satisfaction.

"A man who was paying particular attentions to a young girl, was asked by the father of the latter, after one of his visits, what his intentions were, and he replied, 'I have pledged my honour to marry the girl in a month after Christmas'; and it was held that this declaration to the father, who had a right to make the inquiry, and to receive a true and correct answer, taken in connection with the visits to the house, and the conduct of the young people towards each other, was sufficient evidence of a promise of marriage."

1564. Length of Engagement.

"The Common Law does not altogether discountenance long engagements to be married. If parties are young, and circ.u.mstances exist, showing that the period during which they had agreed to remain single was not unreasonably long, the contract is binding upon them; but if they are advanced in years, and the marriage is appointed to take place at a remote and unreasonably long period of time, the contract would be voidable, at the option of either of the parties, as being in restraint of matrimony. If no time is fixed and agreed upon for the performance of the contract, it is in contemplation of law _a contract to marry within a reasonable period after request._"

1565. Call or Refusal.

"Either of the Parties, therefore, after the making of such a contract, may call upon the other to fulfil the engagement; and in case of a refusal, or a neglect so to do on the part of the latter within a reasonable time after the request made, the party so calling upon the other for a fulfilment of the engagement may treat the betrothment as at end, and bring an action for damages for a breach of the engagement. If both parties lie by for an unreasonable period, and neither renew the contract from time to time by their conduct or actions, nor call upon one another to carry it into execution, the engagement will be deemed to be abandoned by mutual consent, and the parties will be free to marry whom they please."

1566. Roman Law.

"The Roman Law very properly considered the term of two years amply sufficient for the duration of a betrothment; and if a man who had engaged to marry a girl did not think fit to celebrate the nuptials within two years from the date of the engagement, the girl was released from the contract."

1567. Deed of Separation between a Man and his Wife.

This indenture, made the----day of----, in the year of our Lord 1864, between Charles B----, of----, of the first part, Anna R---- B----(the wife of the said Charles B----), of the second part, and G----R----B----of the third part: Whereas the said Charles B---- and Anna R----, his wife, have, for good reasons, determined to live separate and apart from each other, and on that consideration the said Charles B----hath consented to allow unto the said Anna R---- B----a clear weekly payment or sum of----s., for her maintenance and support during her life, in manner hereinafter contained: And whereas the said G----R----B----hath agreed to become a party to these presents, and to enter into the covenant hereinafter contained on his part:

Now this indenture witnesseth, that in pursuance of the said agreement, he, the said Charles B--, for himself, his heirs, executors, and administrators, doth covenant, promise, and agree, to and with the said G--R--B--, his executors, administrators, and a.s.signs 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 inst.i.tuting any suit whatsoever, seek or endeavour to compel any rest.i.tution 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 ent.i.tled 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 a.s.signs, 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 a.s.signs, 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 rest.i.tution 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 a.s.signs, 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 _a mensa et thoro_.

By Divorce _a mensa 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 Jact.i.tation of Marriage.

By suits of jact.i.tation of marriage is meant suits which are brought when a person maliciously and falsely a.s.serts 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.