Chapter XXVII: Appendix: E

AN ENGLISH LEGITIMATION BILL

Since the chapter on legitimation was written, the writer has come across a House of Commons Bill, which substantially endorses his views on the subject. It is as follows:--

_A Bill to Amend the Law of Husband and Wife_
A.D. 1910

WHEREAS it is expedient to amend the law of husband and wife:

Be it therefore enacted by the King’s most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the authority
of the same, as follows:--

_Power of wife to petition for divorce_

=1.= Notwithstanding anything in the Matrimonial Causes Act, 1857, or
any other Act contained, it shall be lawful for any wife to present
a petition to the Court praying that her marriage shall be dissolved
on the ground that since the celebration thereof her husband has been
guilty of adultery.

For the purposes of this section the expression “Court” shall mean
the Court for Divorce and Matrimonial Causes.

_Guardianship of children_

=2.= A wife shall be the joint guardian with her husband of any
children of the marriage, and, in every case arising under any
statute or otherwise, shall have an equal power with the husband in
any matter concerning their education, upbringing, or welfare.

In case of disagreement between the parties either party may apply
to the Court, who shall make such order as, having regard to all
the circumstances before it and to the general well-being of the
children, it shall think proper. There shall be no appeal from such
order except by leave of the Court, but the Court may at any time, at
the instance of either party, with or without hearing fresh evidence,
rescind or vary such order in such manner as it shall think proper.

_Children to be legitimised by marriage_

=3.= Marriage before and after _the passing of this Act_ shall
operate to legitimise any children previously born to the parties to
such marriage.

_Short Title_

=4.= This Act may be cited as the Marriage Law Amendment Act, 1910.