Author Topic: Was it an offence for a man to live with another man's wife in Australia 1839?  (Read 367 times)

Offline wivenhoe

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Re: Was it an offence for a man to live with another man's wife in Australia 1839?
« Reply #9 on: Monday 01 March 21 08:36 GMT (UK) »


"...Christopher Berry, sometime ship-master in Melbourne, and late of Western Port..."

Where did they live?  If they sailed off to.....eg  New Zealand.......you might think it was a bit of bravado required of a wronged husband.  Never have to come good with a hollow threat?

Would he have had 20 pounds to hand over?

How many notices in the newspaper?....over what period of time?

Offline Charlie Bucket

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Re: Was it an offence for a man to live with another man's wife in Australia 1839?
« Reply #10 on: Monday 01 March 21 08:51 GMT (UK) »
Thanks for all the replies so far. I am reading them and thinking about them.
Please keep them coming.

Charlie

BURGESS (West Somerset)
TAKLE (West Somerset and Bristol)
QUICK (West Somerset)
STEAR/STEER (West Somerset)
KEEFE (Tipperary; Victoria, Australia; New Zealand)

Offline PaulineJ

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Re: Was it an offence for a man to live with another man's wife in Australia 1839?
« Reply #11 on: Monday 01 March 21 09:01 GMT (UK) »

Did Chris break any laws and was he in danger of prosecution if apprehended?


It would be a civil offence. Chris could theoretically have been sued for damages, but the deserted husband could only have done that if he'd first asked for his wife & kids back.

Harbouring a person implies a concealment or deception.

Pauline
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Offline majm

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Re: Was it an offence for a man to live with another man's wife in Australia 1839?
« Reply #12 on: Monday 01 March 21 09:24 GMT (UK) »
Hi,

A. 1839,  so you are concerned with NSW statute laws on marriage.  Victoria was still part of NSW until 1851.
B.  No English statute laws made after 18 July 1823 had effect in NSW unless they expressly stated they were to apply in that jurisdiction. (See NSW Chief Justice Sir Francis Forbes ruling 1820s)
C. Females in NSW were not goods and chattel of their respective husband's.  It is a misconception to consider they were.  The very first civil case in NSW was in July 1788.  And it is very significant, it did NOT follow the then English laws  A female convict and her convict husband both transported furst fleet.  English law (note I write English, not UK, not Irish, not Scottish.... Ireland was not UK in 1788) .... English law treated convicted persons as having no rights, ... no spousal, no property, no personal property, no right to be heard in a court of law.... Etc.
C. The couple, Mr & Mrs CABLE (Or KABLE) sued for financial compensation from the captain if the ship that brought Mrs Cable to NSW.  The village in England where they had lived had raised funds and provided clothing and a sea trunk for her after they had been tried and found guilty.
D. So the couple sued the captain as he claimed he had ditched the trunk overboard.  He was found guilty, had to pay compensation to the female  before being allowed to leave port.  Captain had argued the court in NSW was illegal.   The NSW Governor demonstrated he had absolute power as per his Letters Patent (The document from English king setting up the penal colony). (No Slaves in NSW motto)
E. JULY 1988. The 200th anniversary of that historic court case,  and the bicentennary celebrations in Sydney... Justice Michael Kirby in a speech from NSW Supreme Court bench went back to primary source court records of that very historic decision and honoured it as a first step in Australia's path to democracy. 
F.  The many NSW marriage Acts... and there have been many .... I put together a thread about them some time ago.   I do not anticipate being at my own puter for several more days, but perhaps if a kind RChatter could check the Resources Board and pop a live link to it? ... likely it would be focused on the 1856 creation of civil registration and beginning of NSW BDM Reg Gens office.

Sorry for one finger typos.

M   see reply 14. 
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Offline majm

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Re: Was it an offence for a man to live with another man's wife in Australia 1839?
« Reply #13 on: Monday 01 March 21 09:29 GMT (UK) »
It was not a criminal offence to commit adultery,  but it breached Gov Macquaries 1810 General Orders (They stood until 1856, but were rarely fully obeyed) re criminal intercourse.

JM
The information in my posts is provided for academic and non-commercial research purposes. 
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Offline majm

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Re: Was it an offence for a man to live with another man's wife in Australia 1839?
« Reply #14 on: Monday 01 March 21 09:42 GMT (UK) »
Hi,

A. 1839,  so you are concerned with NSW statute laws on marriage.  Victoria was still part of NSW until 1851.
B.  No English statute laws made after 18 July 1823 had effect in NSW unless they expressly stated they were to apply in that jurisdiction. (See NSW Chief Justice Sir Francis Forbes ruling 1820s)
C. Females in NSW were not goods and chattel of their respective husband's.  It is a misconception to consider they were.  The very first civil case in NSW was in July 1788.  And it is very significant, it did NOT follow the then English laws  A female convict and her convict husband both transported furst fleet.  English law (note I write English, not UK, not Irish, not Scottish.... Ireland was not UK in 1788) .... English law treated convicted persons as having no rights, ... no spousal, no property, no personal property, no right to be heard in a court of law.... Etc.
C. The couple, Mr & Mrs CABLE (Or KABLE) sued for financial compensation from the captain if the ship that brought Mrs Cable to NSW.  The village in England where they had lived had raised funds and provided clothing and a sea trunk for her after they had been tried and found guilty.
D. So the couple sued the captain as he claimed he had ditched the trunk overboard.  He was found guilty, had to pay compensation to the female  before being allowed to leave port.  Captain had argued the court in NSW was illegal.   The NSW Governor demonstrated he had absolute power as per his Letters Patent (The document from English king setting up the penal colony). (No Slaves in NSW motto)
E. JULY 1988. The 200th anniversary of that historic court case,  and the bicentennary celebrations in Sydney... Justice Michael Kirby in a speech from NSW Supreme Court bench went back to primary source court records of that very historic decision and honoured it as a first step in Australia's path to democracy. 
F.  The many NSW marriage Acts... and there have been many .... I put together a thread about them some time ago.   I do not anticipate being at my own puter for several more days, but perhaps if a kind RChatter could check the Resources Board and pop a live link to it? ... likely it would be focused on the 1856 creation of civil registration and beginning of NSW BDM Reg Gens office.

Sorry for one finger typos.

M

I have modified to correct a missed word, ... it did NOT follow the then English laws.  I had missed typing NOT ... sorry.  I blame my crooked fingers.
The information in my posts is provided for academic and non-commercial research purposes. 
Random Acts of Kindness Given Freely are never Worthless for they are Priceless.
Qui scit et non docet.    Qui docet et non vivit.    Qui nescit et non interrogat.   
All Census Look Ups Are Crown Copyright from www.nationalarchives.gov.uk
I do not have a face book or a twitter account.

Offline Charlie Bucket

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Re: Was it an offence for a man to live with another man's wife in Australia 1839?
« Reply #15 on: Wednesday 03 March 21 08:18 GMT (UK) »
Many thanks to everyone.

Charlie
BURGESS (West Somerset)
TAKLE (West Somerset and Bristol)
QUICK (West Somerset)
STEAR/STEER (West Somerset)
KEEFE (Tipperary; Victoria, Australia; New Zealand)