The daily morning journal and courier., 1894-11-08
"The Fam iy Legally Considered"


 York University Law School, and has
 wide reputation as an authority or
 legal matters. A brief summary of hii I'course of lectures follows:
 Sociology studies the influence of the
 human environment upon the indlvidu'
 al. Law forms a part of this environ
 ment, and is distinguished from all
 other facts of sociology by the force
 which 1t may employ to enforce its de- crees. Law is the will of the communi- ty enforced with some degree of uni
 formity, and It's function Is to take
 force out of the hands of the contest
 ants. and place 1t in the hands of a
 disinterested person. Law originated
 in England by what Is known as the
 Kings peace, which forbade fighting
 in the palace. Later this was extended
 or two miles around the palace, then
 into the households and highways, and
 finally over the whole kingdom. In
 early times the family was considered
 law proof, and the father could do as he
 pleased with the members of the family
 under him The domain of the law has, however. gradually entered the family, until 1t no longer treats with the family as a whole, but only with the individu- als of which 1t is composed.
 Law considers that engagements to marry may be made without express words. It is a question whether there was a mutual understanding or not. A breach of promise may also be with out express words. If an incapacity to perform the functions of marriage Is known to both parties at the time of engagement, or if 1t is known to neith- CT party, no claim can be made. Re- covery can be obtained, however, if the incapacity is known to one and not to the other. Marriage without consent of both parties or proper age, and polygamous marriages are consid- cred void by law. By common law the age of consent is fourteen for males and twelve for females, but statutes have been passed in most states rais- ing 1t as high as sixteen and eighteen years. Mutual agreement constitutes 8 valid marriage in those states which have not passed statutes requiring sol emnization. The status entered upon by contract to marriage has it's terms entered upon by law, and these terms cannot be changed by mutual agree ment between the pastors. By the old common law the law could not inter- fere with a reinstatement of the wife by the husband. On the theory that the husband was obliged to support the family he could take control of all his wife's property, providing it could be sold and used for family support, but there was no law compelling him to so use it after having taken control. Modern legislation has abolished the husbands right to his wife's property, but it has not relieved him from sup porting the family. The married wo- mans acts passed in several states at about the middle of the century se- cured to the wife the right to hold and enjoy her own property, to give it away if she so pleased, to have g. separate business, to recover her own earnings and to sue for personal injuries.
 In early Roman law wealth belonged to the family as a whole and not to the of the family. With the growth of individual rights the property of the family has become divided among the individuals of the family. To prevent the wife's property from being taken by the husbands credi- tors upon her death, the property may be trusteed before marriage, called a. settlement. The husband may transfer his property to his wife after marriage, which is called a post nuptial settlement. In this case it goes to her absolutely upon his death, unless he stipulates that it shall come back into his own family upon her death. A post-nuptial settlement is not valid if 1t makes the husband insolvent, or if he makes, upon entering into business in which he expects to lose, or with the purpose of deceiving his cred itors.
 In Roman law the father had the right to the custody of the children. In this country the right of custody is settled by inquiring into which would be best for the welfare of the children. In ancient law the whole family was responsible for an injury done by any one of ts members. Latter the father was required to give up the offending member. Now the child stands on its own responsibility, and the father is not held responsible for. it's acts The child is considered by law as incapa- ble of criminal intent up to the age of seven, and from seven to fourteen as presumably incapable. Psychologists have established that crime is due to the weakness of the ability to offer re- straint. It should be treated not by punishment, but by cultivating the power of restraint. In New York there has been a movement to make the min- imum length of time at which a sen- tence may expire indefinite, so that the prisoner may be released when he has been converted into a law-abiding citi- zen.
 In patriarchal times the husband could send away his wife at any time. The first step in advance was made by the Mosaic law, which requires the husband to give the wife a written statement. Christ taught that there should be no divorce except for infide,i- fY. The Cafholin tohs1,.nh aY1d nns.An