TRANSACTIONS OF THE SECTIONS. 177 



eldest son and widow, the widow getting a third for her life only. In freehold 

 succession (estates for a life or lives, whether renewable or not) all goes to the 

 eldest son, and the widow gets nothing. In succession to yearly tenancies 

 or leases for years, however many, it goes to the widow and all the children, 

 the widow getting a third (not for life, but absolutely), and all the chil- 

 dren taking the other two thirds in equal shares, and the eldest son comes in 

 for this share, no matter how much of fee-simple or freehold he may inherit 

 from the same intestate from whom the personal property comes. As to succession 

 to personal property in the Province of York, land, as well as money, before 1856, 

 constituted an advancement ; and, however small the value of the land inherited by 

 the eldest sod, it was an absolute bar to his sharing with the other children in the 

 personality under the custom. According to the custom of London, in the matter 

 of advancement, no regard was paid to a freehold estate, but chattel interests were 

 deemed an advancement. As to the succession of widows, the customs of London 

 and York both gave widows their apparel and the furniture of their own room ; in 

 York they had, besides, their coffer- box including all jewels, &c In addition to 

 these privileges, if there be children, they got four ninths of the residue ; or, if 

 there be no children, three fourths. In all other parts of England and in Ireland 

 widows had no privilege as to apparel, furniture, or coffer-box, and get only three 

 ninths, or a third if there be children, and a half if there be not. When these 

 various laws of succession are tested by the usages of settlement and devise, they are 

 found not to correspond with the usual dispositions of any class as to landed pro- 

 perty. As the disposal of property in England and Ireland rests upon freedom of 

 bequests and settlement, it follows, as a scientific consequence, that when there is, 

 amongst large classes that can be easily marked out by well-ascertained differences, 

 the usual disposal of property at death, the true and scientific solution of the law 

 of succession is to make the law for each such class correspond to the usage. It is 

 upon this principle of recognizing usage that the customs of London and York have 

 prevailed for two centuries. The etl'ect of this would be to leave primogeniture 

 amongst peers and landed proprietors undisturbed. The eldest son should, however, 

 take the property, charged with portions at the usual rate for younger children, and 

 jointure at the usual rate in lieu of dower. Amongst manufacturers and other capita- 

 lists the mansion and furniture, and an income to maintain it, would go to the widow, 

 subject to condition of not marrying again, and providing home for her unmarried 

 children. Property, whether real or personal, would be divided so as to give each 

 son twice the portion of each daughter, the sons' shares to go equally, the daughters.' 

 shares to form a common fund, subject tomothei's appointment amongst daughteis 

 and their issue, — with farmers (whether tenants or proprietors), unless there be 

 a son of age, and designated by the father by having been joined with him in the 

 management of the farm, to go to the widow until the youngest son attains 21, then 

 to the son that she shall select ; or if there be not any son, in like event to daugh- 

 ters that she shall select. The widow, thus displaced by child in succession, to have 

 her room, furniture thereof, and maintenance ; the children who do not succeed to 

 have house-room till 21, and then portions. In the case of professional men and all 

 classes living by salary and wages, the statute of distributions, as modified by the 

 custom of the Province of York, to prevail. 



On the importance of Increasing the Punishment of Habitual Drunkards, and 

 of Punishing those who Seriously Injure their Children by what they Spend 

 in Drink. By \V. Neilson Hancock, LL.D. 



The author quoted some Irish statistics, with which he was officially connected, 

 showing that out of 14,410 commitments of men of ascertained bad character pro- 

 ceeded against on indictment and summarily, no less than 5,602, or 39 per cent., 

 were commitments of habitual drunkards. Taking the corresponding classes among 

 women — out of 4,477 commitments the commitments of habitual drunkards were 

 1,063, or 32 per cent. In the case of men the commitments of habitual drunkards 

 were rive times the number of known thieves, and in the case of women three times. 



1877. 14 



