§ On the Motion of Mr. John Campbell, the House went into Committee on this Bill.
§ Mr. Blamirewished to know, whether the hon. and learned member for Stafford intended to persevere in introducing a clause to enable a husband to take away his wife's dower by will? If so, he thought it very unjust, and he should oppose it.
§ Mr. John Campbellbelieved, that the Bill had been more favourable to the ladies than the hon. Member seemed to suppose, for it had given them a right of dower out of the husband's equitable, as well as out of his legal estate; and the disadvantage, if any (which he much doubted), of the other clause, was more than compensated by this benefit.
§ Mr. Blamirewas not at all of that opinion, and he should therefore move that the words "or by will," now forming a part of the fourth Clause, be omitted.
Mr. Goulburncomplained that the Bill would work injustice, in cases where marriages had taken place with a view to the rights secured by the existing law.
Mr. O'Connellrecommended that the law should not be made ex post facto, or apply to any woman now married.
§ Mr. John Campbellexpressed his willingness to adopt the suggestion of the hon. member for Kerry, to make the Bill operate prospectively only.
§ Sir James Scarlettsuggested that it might be made to depend upon the consent of the wife.
Mr. Sheilsupported some alteration of the Clause, as it gave the husband a power to the injury of the wife.
Mr. Fysche Palmerthought that the Bill did not sufficiently protect the rights of married women. At present, a woman could not surrender her jointure to her husband without the consent of trustees; but, under this Bill, her assent alone would be necessary. A wife might be induced to sacrifice her interests, on the solicitation of a profligate husband, when trustees would interfere to protect her. So far, therefore, from being a boon to wives, he thought it placed them in a worse situation than that in which they stood under the existing law.
§ Sir James Scarlett, being anxious to consider more maturely the details of the measure, moved that the Chairman do report progress, and ask leave to sit again.
§ Upon this motion the Committee divided—Ayes 43; Noes 18;—Majority 25.
§ The House resumed.