desired to dismiss the servant, or a month's wages may be given in lieu of notice. It is a common error to suppose that domestic servants are entitled to a month's board wages in addition. Such a demand cannot be enforced. A servant may be instantly dismissed for drunkenness, immorality, dishonesty, gross impertinence, or refusal to do the lawful biddings of her master or mistress; and it, when so dismissed, the servant refuses to leave the house, he or she may be ejected, reasonable force only being used. A servant summarily dismissed is not entitled to any wages in lieu of notice, but only to wages which have already become due at the time of dismissal.

A servant can leave instantly: (1) if she is improperly treated either by master, or mistress, or fellow-servants; (2) if she is abused or threatened so that she is in bodily fear; (3) if the food or lodging is dangerous to health; (4) if the house is used for immoral purposes. If she is legally justified in leaving, she is entitled to her wages down to the time of leaving, and to damages.

If a master or mistress gives the character of a servant honestly to any person who has an interest in an inquiry respecting such, it is a privileged communication, although it may be inade in the presence and hearing of a stranger. And even if the statement made should prove in some respect untrue, as a general rule anything said or written by a master when he gives the character of a servant is a privileged communication, if given bonâ fide in reply to inquiries that have been addressed to him. It is not essential that the individual making the communication should be put into action on account of a third

party putting questions to him. He may, when

he believes that another is about to take into his service one whom he knows should not be taken, endeavour to persuade that other to obtain information and put questions to him. The replies to these questions, given honestly for the purpose of notifying such facts as the other party ought to know, will, although they contain defamatory matter, be privileged.

A servant is not, in law, liable for breakages, unless it can clearly be shown that these are from wilful carelessness or neglect.

A master or mistress is not bound to provide medical attendance for a servant in case of illness, but if he or she sends for a medical man for the servant, he or she is liable, and cannot deduct expenses incurred from the servant's wages.


In England and Wales marriage may be effected either by Special Licence from the Archbishop of Canterbury, or by the Bishop's ordinary licence, or by the Superintendent Registrar's certificate of notice given to him twenty-one days previously. In any case the ceremony must take place between the hours of 8 A.M. and 3 P.M.

Licences may be obtained for the whole of England and Wales at the Faculty Office in Knightrider Street, London; for the provinces at the Registry Office of the Bishop of each diocese, or from any surrogate appointed by him. The Bishop's Registry Office in London is at 3, Creed Lane, E.C. One of the parties must make the application in person, and have been resident for fifteen days in the parish mentioned in the licence. The fees and duty for a Special Licence (which can only be obtained at the Faculty Office) amount to about £30; for an ordinary licence they vary from 35s. to £2 12s. 6d.

For marriage by Certificate at a Registrar's office written application should be made by one

of the parties (on the form prescribed by the Marriage and Registration Act, 1856) to the Superintendent Registrar of the district within which the parties have resided for at least seven days, or, if they reside in different districts, to the Superintendent Registrar of each district. At the expiration of twenty-one days from the receipt of application a certificate will be issued, and on this the marriage may take place in the presence of the registrar at any time within three months. For marriage by Licence at a Registrar's office, one of the parties must make application, and must have been resident in the district for at least fifteen days immediately preceding; after the lapse of one day from the date of entry of application, a certificate and licence to marry will be issued, and on this the ceremony may take place at any time within three months within the prescribed hours.

In regard to marriage by Banns in a church, seven clear days written notice of the desire to have the banns published should be given to the clergyman of the parish in which the parties reside, or, if they reside in different parishes, then to the clergyman in each parish. The notice should state clearly the Christian and surnames of the contracting parties, their addresses, and the parish or parishes in which they reside. The banns will then be published on three successive Sundays, according to the rubric after the Second Lesson, or, as is customary in some churches, after the Nicene Creed. After the publication of the banns the marriage may take place at any time within three months; after this the banns lapse, and a fresh publication becomes necessary. The fees payable for marriage by banns are variable, but the clergyman's fee is usually about 10s.; and a shilling or two is expected by the church officials. The actual religious ceremony varies a good deal in different churches, but the rubric requires that the first part of the service should take place" in the body of the church," and not, as is often the case, in the chancel. At the prayer, "O eternal God," immediately after the giving of the ring, the rubric instructs the contracting parties to kneel, all other persons should remain standing. During the recitation of the Psalm the man and woman alone, without the rest of the bridal party, should advance into the chancel, where they will again kneel while the rest stand, and the remainder of the service is proceeded with. At the close of the service the parties will be required to sign the register books in the vestry, and two witnesses will also attest the entries.

The fee to the clergyman after marriage by licence varies, but 1os. to a guinea is usually considered sufficient; the church officials also expect some slight acknowledgment of their services.

In the case of marriage on the Registrar's certificate, whether celebrated in his office or in any Roman Catholic or Nonconformist church, the Registrar need not, but some duly authorised person must be present, unless the contracting parties give notice of their desire that the Registrar should be present, and each of the contracting parties is required to make a declaration before two witnesses that there is no lawful impediment to the marriage; the service then proceeds in accordance with the custom of the church or chapel in which it is performed.


Marriage in Scotland may be either by the publication of banns in the same way as in England, or by the names of the contracting parties being exhibited for seven days on the notice board outside the office of the Registrar in whose district the parties have resided for at least fifteen days

immediately preceding. At the expiration of the period named a certificate will be granted, and on this the marriage may take place either in a church or elsewhere. Any person who has resided for at least twenty-one days in Scotland may be married by going to the Registrar's office in whose district he or she may reside, accompanied by two witnesses who can certify as to the term of residence, and exchanging written contract with the other party, afterwards proceeding to the County Sheriff's chambers to have the marriage registered.

Otherwise than as stated, marriages in Scotland are celebrated similarly to those in England. Ireland.

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A husband being by law bound to maintain his wife and to supply her with necessaries suitable to her station in life, it is, while they are living together, presumed that he authorises her to purchase necessaries for the household and family, and he will be liable for such purchases unless he has forbidden her to make them, and unless he has given notice to the tradesman that she no longer has his authority. But, if she should be herself sued even for necessaries, she would now probably be liable to the creditor to the extent of her separate property, unless she could show that she acted only as her husband's authorised agent.

When a wife applies for relief out of the rates of any union or parish her husband may be ordered to pay such weekly or other sum towards the cost of her relief as seems proper, and the father and grandfather and mother and grandmother of any poor person unable to work may, if possessed of sufficient means, be ordered to pay such sum as may be assessed for the relief of such poor person. A husband is also

liable for the relief of the children of his wife by a former marriage until they are 16 years old or until the death of their mother, and a married

woman having separate property is now liable for the maintenance of her husband and her children and grandchildren in the same way as her husband is for that of her children and grandchildren, but not, it appears, for that of the children of her husband by a former marriage. Her husband is not, however, by this relieved from his liability.

A husband is entitled to his wife's society, but he may not, either for the purpose of enforcing that right, or for any other reason, confine or imprison her. The utmost right he can now personally exercise over her by law is one of restraint in the case of very gross misconduct, actual or threatened.



Whenever a married woman is entitled to any property under a deed or will, her enjoyment and power of disposing of it may be subject to special restrictions apart from the ordinary law; particularly is this so when a settlement was made on her marriage, for it frequently provides for the settlement of property she may afterwards become entitled to. The terms of any such deed or will must therefore be always carefully considered. Here it is only possible to give a concise statement of the general law affecting married women's property whilst they are living with their husbands.

A woman married after 1882 is entitled to hold and to dispose of, either by will or otherwise, as if she were unmarried, all property of whatever kind which belongs to her at the time of her marriage or becomes hers afterwards.

In the case of a woman married before 1883, her husband is generally entitled to the rents and profits of all her landed property during the marriage, but the only way in which it can during the marriage be disposed of is by both of them acting together, and she must acknowledge her ccrsent to the disposition before an authorised legal official. Neither she nor her husband can during the marriage dispose of it by will. There are, however, exceptions to these rules, and a woman married before 1883 can, as if she were unmarried, hold as her separate property and dispose, by will or otherwise, of her interest in-(1) Property which she first became entitled to after 1882; (2) Property at any time specifically bestowed upon her for her separate use: (3) Her earnings in any eccupation carried on by her apart from her husband after the 9th August, 1870, and (4) Investments made after the 9th August, 1870, and before the 1st January, 1883, in a special way in savings banks, the public funds, incorporated and joint stock companies, and in industrial, friendly, and building societies. she cannot dispose of any interest in personal property which she became entitled to before 1883 if her enjoyment of it is postponed till the death of a person still alive, or till the occurrence of any event which has not yet happened, unless she became entitled under some document (other than her marriage settlement) executed after 1857, and even then only with the concurrence of her husband and upon her consent being acknowledged as above mentioned.


If a married woman lends or entrusts any of her own money or other estate to her husband for the purpose of any trade or business carried on by him, the other creditors of the husband (should he become bankrupt) would be entitled to be paid in full before the wife would be entitled

to any dividend on the value of such money or other estate.

On the death of a married woman intestate her real estate will, subject in certain cases to a life interest for her husband, descend to her heirs,

or, if she took the property by descent, to the heirs of the last owner who took otherwise than by descent. Her husband will be entitled to her leaseholds and other personal property; but in order to acquire a full title to personal property, including such as she had merely a right to sue for (such as debts), it is necessary for him to be appointed her administrator. These rules apply whether the property was her separate property

or not.

On the death of a married man intestate after 1st. September, 1890, leaving no children or descendants of children, his property, if the net value does not exceed £500, belongs to his widow absolutely, and if it exceeds £500 she is entitled to so much of it as amounts to £500. She is also entitled to half of the remainder if it is personal property (including in this leaseholds), and if he was solely entitled at his death to the possession of any freehold land which any issue of the marriage might have inherited, she will generally have a right to a third part of such lands for her life. This last

right is called dower, and, if she is entitled to it at all, she is also so entitled when the husband does leave children. She is also sometimes entitled to a right similar to dower in her husband's copyhold lands, but this depends in each case upon custom. Where the husband leaves children or descendants of children she only takes a third of his personal property.


The father is by law the guardian of his children, and entitled to their custody, even against the mother, until they attain 21; and he may by deed or will appoint persons to act as their guardians after his death. If he does. this, the mother, if surviving, will be guardian jointly with any appointed by the father, and if he does not so appoint she will be the sole guardian unless the Court appoints anyone to act with her. The Court will only interfere where it is shown that, having regard to the real benefit of the children, it ought to do so. The mother herself may by deed or will appoint persons to act, after the death of herself and the father, as guardians of any unmarried child under the age of 21, and when guardians are appointed by both parents they are to act jointly. She may also appoint persons to act jointly with the father after her own death, but this appointment will not have force unless it is confirmed by the Court, on proof that the father is unfit to be sole guardian.

In the event of a voluntary separation between husband and wife the father will still be the guardian and entitled to the custody of the children unless some special arrangement is made at the time. The rights which the father and

mother are to have should therefore be then settled and clearly stated in a deed. But the Chancery Division of the High Court of Justice, or the County Court in the district in which the father resides, has power, on the application of the mother, to make such order as it thinks fit as to the custody of any child and the right of access of either parent to it, though it will not deprive of the custody the parent in whose care it lawfully is, by agreement or otherwise, unless such parent is clearly unfit to be the guardian. When, however, the child has reached the age

of discretion, if a boy, of 14, and if a girl, of 16, it is considered, to some extent, fit to judge for itself, and, though the Court will not actually take it out of the custody of such parent unless unfit, yet if the child should of its own accord leave it, it seems from the decisions that the parent could not, upon habeas corpus, force it to return; the parent's control, however, continues until the age of 21.



REGISTRATION OF BIRTHS.-The registration of births is compulsory, the parents or other qualified informants being required to give personal information of a birth and to effect its registration within forty-two days; and any such person who fails to comply with the law in this respect is liable to a penalty not exceeding 40 shillings. Should the Registrar be required by a notice in writing to attend at the residence of the informant, or at the place of birth, he will be entitled to a fee of 1s. (except in the case of public institutions) for so doing. After three months a birth can only be registered in the presence of the Superintendent Registrar, and fees are payable both to the Registrar and to the Superintendent Registrar; after twelve months a birth can only be registered by the written authority of the Superintendent Registrar and payment of further fees. The registers of births may be inspected at Somerset House, and a copy of an entry taken on payment of a fee of 1s.

REGISTRATION OF DEATHS.-Information of death should be given to the Registrar within five days after the occurrence by nearest relative present at the death or during the last illness, or should no relative be present, by the occupier of the house, or person who causes the body to be buried. The Registrar will require to see the doctor's certificate of death before registering, and the Registrar's certificate must be shown to the officiating clergyman at the interment.

CORONERS INQUESTS.-In cases of sudden or accidental or violent death, when a medical man has not been in attendance, an Inquest is necessary. Notice of death should be at once given to the peace officer. When the Coroner receives notice from the peace officer he issues his warrant for a jury of not less than 12 nor more than 23 men to be summoned, either to the house or to the nearest convenient place for the inquiry, and such summons must be obeyed by the recipient, who otherwise renders himself liable to a fine not exceeding £5.


By the Vaccination Act, 1898, the period within which the parent or person having the custody of a child shall cause the child to be vaccinated is six months from birth. The public vaccinator, on request, is bound to visit the home of the child for the purpose of vaccinating the child. If a child is not vaccinated within four months after its birth, the public vaccinator shall, after at least twenty-four hours' notice, visit the home of the child and offer to vaccinate it with the duly-prescribed lymph; but if, in consequence of the condition of the house in which it resides, or prevalence of infectious disease in the district, in his opinion it cannot be safely vaccinated, he shall give a certificate of postponement of vaccination, and shall forthwith give notice of such certificate to the medical officer of health for the district. If a child be born in a hospital or infirmary, notwith

standing any regulation to the contrary, the parent of such child cannot be compelled to cause the child to be vaccinated earlier than the expiration of six months from its birth.

No parent or other person shall be liable to any penalty under Sec. 29 or Sec. 31 of the Act of 1867 if, within four months from the birth of the child, he satisfies two justices, or a stipendiary or metropolitan police magistrate in petty sessions, that he conscientiously believes that vaccination would be prejudicial to the health of the child, and delivers a certificate to that effect to the vaccination officer within seven days; but the Justices may refuse their certificate unless and until a certificate of registration of the child's birth is produced to them. And no order shall be made under Sec. 31 of the same Act on any person who has been previously convicted of non-compliance with a similar order relating to the same child. No proceedings shall be taken, under Sec. 31, against any parent or person who has been convicted under Sec. 29 on account of the same child, until it has reached the age of four years.


Every person over the age of twenty-one may, speaking generally, dispose of his or her property by will. If a person be a lunatic or be drunk at the time of signing it, or be subjected to what is called" undue influence," in which case fraud or coercion must be proved, the will is void. If a blind person makes a will, evidence must be forthcoming to show that he or she knew and approved of the contents of the will. Women married after Jan. 1, 1883, may by will (without the sarction of their husbands, and in exactly the same manner as if they were single) dispose of all the property they possessed before marriage or acquired after marriage. Women married before Jan. 1, 1883, may bequeath all property which came to them after that date, together with such property acquired by them before that date as was made their separate property by the Married Women's Property Act, 1870, or became such under the principles recognised in the Chancery Division. Marriage after making a

the marriage of the testator subsequent to the date of the execution of the will.

will renders it void.

A will should be written in ink and must be signed by the testator, in the presence of at least two witnesses, and if written on more than one sheet, it is advisable that each sheet should be signed by testator and witnesses. The witnesses should not be parties in any way interested in the will; their attestation is good, but the legacy is absolutely forfeited. No formal attestation clause is necessary-it is sufficient if the witnesses simply sign as such in the presence of the testator, that is, with the word "witnesses" following their names. But an attestation clause is desirable in the following form: "Signed by the testator as his last will and testament in the presence of us, present at the same time, who have hereunto signed our names as witnesses thereto in the presence of the said testator and in the presence of each other." When about to sign, the testator should take the will in his hand and "I acknowledge this to be my last will and testament, and request you to witness it.'



A will may be revoked in four ways: (1) By the execution of another will or document attested as a will containing a clause expressly and explicitly revoking it. (2) By a subsequent will or codicil containing dispositions inconsistent with those in the former will. (3) By the intentional destruction of the first will. (4) By

If a bequest is made to " children," either of the testator or of any other person without their being mentioned by name, all persons who_at the time of the testator's death fulfil that description will be entitled to share in the legacy in the absence of instructions to the contrary in the will. As a general rule if a legatee dies before a testator the legacy lapses; but if a legacy be left to a child of the testator it will go to the children of that child if the child dies in the lifetime of the testator. If a legacy be left to an executor the presumption is, unless the contrary can be shown, that the testator did not intend him to receive it unless he acted as executor.

Every will ought to contain a clause appointing one or more persons to be executors of it. A woman may be executrix of a will, and a woman, whether married or single, can now act as such.

When it is desired to make any change in a will it is done by a codicil. This should begin "I, A. B., of, &c., declare this to be a codicil to my will, dated," &c. The codicil must be signed, witnessed, and dated in the same way and with the same formalities as the will.

The following is a simple form for ordinary wills:


This is the last will and testament of me, Edward Roberts, of Hill House, Leicester, in the county of Leicester, grocer. I give and devise all my estate and effects, real and personal, of which I may die possessed or be entitled to, unto absolutely, and I appoint.. ......executors of this my will, and thereby revoke all former wills and codicils. Dated this tenth day of January, One thousand nine hundred and one.


Signed by the said Edward

Roberts in the presence of

us, who thereupon signed Edward Roberts
our names hereto in his
and each other's presence.)

Owen Fenn, of 11, High Street, Leeds,
John Cook, of 45, Grey Street, Bath,

Copies of all Wills are kept at Somerset House, and may be inspected there by any person during the usual hours of business on payment of a fee of one shilling. A copy of any will may be obtained on payment of 6d. per ninety words.


Immediately on the death of a testator his personal property passes to his executors to be distributed (after the payment of his funeral expenses and debts) in the manner directed by the will. The real property also (except land of copyhold tenure or customary freehold) vests in the executors, who hold it as trustees for the persons beneficially entitled thereto, subject to a liability on account of the testator's debts, should the personal property which he leaves prove insufficient to pay them.

Executors are invested with all necessary power to get in the estate of the testator and to enforce payment of money due to him. They may bring actions; distrain for rent; endorse notes or bills; compound debts; and in short

can dispose absolutely, of the whole estate of the testator as freely as he could have done himself.

The first duty of the executors is to arrange the funeral of the testator in a suitable manner.

They must then take out probate of the will, either personally or through a solicitor, either at Somerset House or at the Registry of the district in which the testator resided. The original will is then deposited in one of the registries of the Court, and the executors obtain a copy of it certified under the seal of the Probate Division. An executor is liable to a heavy penalty if he fails to take out probate of the will within six months after the testator's decease, or within two months after the termination of any suit or dispute respecting the will, which shall not be ended within four calendar months after the death of the deceased. On proving a will, estate duty is payable to the Crown; while legacy duties are also payable in respect of the legacies bequeathed.

Estate duty is payable upon the principal value of all property, real or personal, settled or not settled, which passes on a death.

In estimating the value of the estate for duty, the funeral expenses and all outstanding debts and incumbrances should first be deducted.

Having proved the will, &c., the next duty of an executor is to pay the debts of the deceased, after which he must pay the legacies left by the testator. He cannot, however, be compelled to pay legacies until twelve months after the testator's death. When the debts are paid anything left specifically by the testator must be handed over to the legatee.

Executors are liable to the extent of the assets that come into their hands, not only to pay all the debts of the testator, but to fulfil all his contracts, except those which are founded exclusively on the personal skill and intellectual capacity of the testator.

Executors and administrators are personally liable upon all contracts entered into by them in the course of their administration of the estate of the deceased, and they cannot escape from liability unless it be clear on the contract that the liability attaches to the estate of the testator, and not to the executors personally. They are also liable to make good to the estate any loss in its administration which may occur from negligence or misconduct on their part. An executor is not liable for the accidental loss of assets by fire or theft, or for the loss of money invested in authorised trust investments. But if he suffers money to lie idle in his hands without a good reason he will be chargeable with interest upon it.

An executor is allowed all reasonable expenses fairly incurred in the discharge of his duties, but he cannot charge for personal trouble, labour, or loss of time.

A list of Estate and Legacy Duties will be found under "Stamp Duties.'

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transmits or exposes, without previous disinfection, any bedding, clothing, rags, or other things which have been exposed to infection, shall be liable to a penalty not exceeding £5. Any local authority may direct the destruction of any bedding, clothing, or other articles which have been exposed to infection, and may give compensation for the same. Any person who knowingly lets for hire any house, room, or part of a house in which any person has been suffering from any dangerous infectious disorder without having such house, &c., disinfected to the satisfaction of a medical practitioner, as testified by a certificate signed by him, is liable to a penalty not exceeding £20. Any person letting for hire any house or part of a house, who, on being questioned by any person negotiating for the hire of such house as to the fact of there being, or within six weeks previously having been therein, any person suffering from any dangerous infectious disorder, knowingly makes a false answer to such question, is liable to a penalty not exceeding £20, or to imprisonment for a period not exceeding one month. The Infectious Disease (Notification) Act, 1889, provides that where an inmate of any building used for human habitation within any district is suffering from an infectious disease to which the Act applies, then, unless such building is a hospital in which persons suffering from an infectious disease are received: (a) The head of the family, or the nearest relatives of the patient present in the building or being in attendance on the patient, or any person in charge of or in attendance on the patient, or the occupier of the building, shall, as soon as he becomes aware that the patient is suffering from an infectious disease to which this Act applies, send notice thereof to the Medical Officer of Health of the district; (6) Every medical practitioner attending on or called in to visit the patient, shall forthwith, on becoming aware that the patient is suffering from such infectious disease, send to the Medical Officer of Health for the district a certificate stating the name of the patient, the situation of the building, and the infectious disease from which the patient is suffering. Every person required to give a certificate who fails to give the same, shall be liable, on summary conviction, to a fine not exceeding forty shillings.

The expression "infectious disease to which this Act applies" means: small-pox, cholera, diphtheria, membranous croup, erysipelas, scarlatina or scarlet fever, typhus, typhoid, enteric, relapsing, continued, or puerperal fever, and includes, as respects any particular district, any infectious disease to which this Act has been applied by the local authority of the district.


Under the Patents Acts 1883-1888 patents are granted to the true and first inventor either alone or jointly with others, and application may be made direct or through an agent. Those who desire to apply for their own patent may find the following hints useful.

There are two modes of procedure. Application may first be made for provisional protection, and the completion proceeded with later on, or the complete patent may be applied for at the outset. Provisional protection lasts for nine months, during which time the inventor has an opportunity of improving his invention. Inasmuch, however, as security against infringement is not perfect until the patent is completed, the sooner this is done the better.

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