Page:On the forfeiture of property by married women.djvu/17

13 Husband and wife may jointly apply to the judge, and may have trusts declared by him, provided they fall within the range of those usually inserted in settlements by the Court of Chancery, but with a freer range of investment. In default of any such declaration, the trustees may invest with the written consent of the wife, and the judge's sanction, and hold the funds upon strict settlement trusts; viz., during marriage for the separate use of the wife without power of anticipation, with remainder to the husband for his life or until he aliens or becomes bankrupt, with remainder to husband and children as the wife by deed or will appoints, and in default of appointment for the children equally, and if no children, as she appoints by will, and in default of that appointment for her next of kin. If she survives her husband she again becomes absolute owner of her property.

Such are the provisions which are to regulate the wife's property, "except such parts thereof as are transferable by " mere delivery," and apparently without any limit of value.

The first question that occurs to one to ask is. How will this legislation affect the mass of mankind? And it appears that we shall be legislating for the minority with a vengeance. The present law is found to work much evil in a substantial number, though still a minority, of cases. The good that it works is not discoverable. "Therefore," say reformers, "the law is a bad one; let us alter it and set people free: " where it now does no evil, it is because people of their own free " will manage their affairs with good sense and good feeling; " where it does evil, it is because one is unduly subjected to " another. Give liberty to all, and that will be the best " guarantee for the good conduct of their private affairs." Upon which up start a set of philanthropic gentlemen and declare that the remedy is not to be sought in the spontaneous action of each family, but in the extension of a paternal government which shall dictate to all how an important portion of their private affairs is to be managed. So because A neglects and periodically plunders his wife, B, C, and the rest of the alphabet and their wives, who have done no wrong, are to be invaded by Mr. Raikes at the head of a posse of County Court judges. Vice-chancellors, and other trustees: and (all I presume at the expense of the fund) are to have their property impounded, placed in the hands of one man, invested at the discretion of