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L

L V

A HANDBOOK

OF

HUSBAND AND WIFE.

PRINTED BY LORIMER AND GILLIES

FOR

WILLIAM GREEN AND SONS, EDINBURGH.

AGENTS IN LONDON-STEVENS AND HAYNES.

AGENTS IN GLASGOWJOHN SMITH AND SON.

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PREFACE.

This book is an attempt to give an account of the law of Husband and Wife with more detail than is possible in a systematic view of the whole law of Scotland, such as Bell's “ Principles,”—marvel of condensation though that is, —without aiming at the exhaustive treatment of a work like that of Lord Fraser. In England, such monumental works as those

by LordJustice Lindley op “ Partnership” and “Company Law;" by Addison on “Contracts ;” Taylor on "Evidence ;”

Evidence ;” or Jarman on" Wills”—to give only a few examples—have been found not to prevent the usefulness of books on a smaller scale dealing with the same subjects. And in Scotland the success of Professor Kirkpatrick's book on “Evidence,” and Mr. Craigie's volumes on Heritable and Moveable Rights, shows that there is a demand for works of a moderate size. I have been further encouraged by the facts that during the seventeen years which have elapsed since the publication of the second edition of Lord Fraser's standard treatise, the number of cases decided in this branch of the law has been very considerable, and that a profound alteration in the position of a wife with regard to property has been effected by the Married Women's Property Act of 1881. The constant references made to Lord Fraser's work sufficiently indicate my great indebtedness to it as a storehouse of the authorities prior to its date. But the cases have all been independently examined, and the

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