married persons, have been more altered and matured in the last quarter of a century than any other branch of the law. Questions of Conveyancing I endeavour to avoid; because these form the subject of works which are necessarily in every hand. For a similar reason, I am silent, or nearly so, as to pleading. But even, keeping within the limits of a strict adherence to the subject, there is still enough to do; for the relation of husband and wife has been singularly fertile in the production of legal difficulties and judicial conflict; and I do not always think myself at liberty to give decisions without commentary. Small, however, as my performance at present may appear, it will seem less when I mention the assistance I have received. And, first, let me express my deep acknowledgments to Mr. Russell, Q. C., who did me the great favour of revising these sheets as they passed through the press; the leisure of the long vacation having enabled him to perform this act of friendship. I am likewise indebted to Mr. Lee, Q. C., for many very valuable suggestions. To Mr. W. D. Evans, of the Equity Bar, my cordial thanks are due; more especially for his aid in examining with me the difficult case of Sir Edward Turner; * Infra, p. 89. which, after a century and a half, continues still to divide the opinions of lawyers. In the Appendix, No. I., there is a practical Summary of proceedings on "Alienations by Married Women," which, I hope, will prove useful, (particularly to solicitors), not only in England, but in Scotland and Ireland, as well as abroad; wherever, in short, married women having English deeds to execute, may happen to reside. It is the first effort yet made to methodise and elucidate the system established under the Fines and Recoveries Act, and the rules of the Court of Common Pleas, passed in pursuance thereof. To say nothing of the pains bestowed on it by myself, this Summary has had the benefit of a careful revision by Mr. Millard, of the Acknowledgments Office, who has contributed the forms and other materials now, for the first time, made public. Those who know from experience the many misapprehensions which the new enactments occasion,* will be the readiest to commend the good service done by Mr. Millard, to whom I have pleasure in expressing my obligation. 9, OLD SQUARE, LINCOLN'S INN, October 28, 1847. J. F. M. * The number of Acknowledgments taken in each year is no less than 6,000. This shows the importance of having the practice rightly understood. SECT. III.-Assignment of Wife's Choses in Action |