LETTERS OF CREDIT.

Messrs. Barraud, Freres, bankers, Paris.

New York, 16th July, 18-.

Gentlemen,-We request the favor of your furnishing the bearer, Mr. George Ryder, with any cash that he may require during his stay in France, to the extent of $3,000, (say three thousand dollars,) taking his receipt for the sums advanced, and placing the same to our debit.

We refer to our letter of this date, per post, for Mr. Ryder's signature.
And remain, &c.,
HARDY & Cox.

Messrs. James Pope and Son, New Orleans.

Boston, May 1st, 18-.

Gentlemen, I take the liberty to introduce to your firm, the bearer, Mr. John Ashton. Any selection he may make of goods, to the amount of fifteen hundred dollars, be pleased to advance on my account, either against his receipt, or his draft on me to your order, as may be most agreeable to yourselves. I am, &c. T. CLARK.

HUSBAND AND WIFE.

Husband's Interest in Wife's Personal Estate.-Marriage is an absolute gift to the husband of all the personal property, such as money, goods and chattels, and moveables of which the wife was actually and beneficially possessed at the time of marriage in her own right, and of such other goods and personal property as shall come to her during the marriage.

The husband can therefore dispose of the personal property of his wife as he pleases, and on his death it goes to his representatives, as being his exclusive property.

Of course, if the wife before marriage has her personal property properly secured to her own use, independent of her husband, or if personal property is given to a wife during marriage, and is properly secured to her own use, it will remain her property, and the husband will have no control

over it.

Husband's Interest in Debts due the Wife, termed Choses in Action.-The husband has only a qualified interest in his wife's choses in action, which term comprises debts owing to her, arrears of rent, legacies, residuary personal estate, money in the funds, &c., and which are due to the wife at the time of, or during, her marriage.

The husband is entitled to the wife's choses in action, only on condition that he reduces them into possession during the continuance of the marriage; for if he happen to die before his wife, without having reduced such property into possession, she, and not his personal representatives, will be entitled to it. So, if the wife die before the husband has reduced this prop. erty to possession, he will be entitled to receive only as her administrator, and it will be appropriated to the payment of her debts, and he will be entitled only to the balance.

What will amount to a reduction of the wife's choses in action into possession by the husband is sometimes a nice question to decide. It is well settled, that if the husband himself, or by attorney, collects and receives the amounts due, or if he assigns the wife's choses in action for a valuable consideration, or mortgages them, or if he recovers her debt by a suit in his own name, or if he novates the debt, by taking new security in his own name, or if he releases the debt; in all these cases the wife's interest in the property has ceased.

A mere intention to reduce the wife's choses in action into possession is not sufficient; neither is a voluntary assignment of them by the husband without consideration; nor an assignment of the husband's estate under the insolvent laws, unless the assignee reduces them to possession during the marriage; nor the receipt by the husband of interest due on wife's choses in action during the marriage. In all these cases, the wife's right to the property, upon the death of her husband, remains.

If the husband commences an action upon a debt due his wife, in the name of himself and his wife, and he dies pending the suit, the action survives to her; if, therefore, the husband wishes to secure the debt to himself, he should commence the action in his own name.

Courts of equity, whenever their aid is invoked by the husband or his

assignees, to enable him or them to reduce to possession the wife's choses in action, require the party applying to secure a reasonable portion of the proceeds to the separate use of the wife.

Husband's Interest in Wife's Real Estate.-As to the real estate of the wife, at the time of or during the marriage, the husband is entitled to take the rents and profits thereof, during their joint lives. His interest ceases with his death, if the wife survive him. Upon the death of the wife, the husband surviving, his interest ceases, and the estate goes to her heirs, unless the husband is entitled to a life estate therein as tenant by the courtesy. The husband has a life estate in the real estate of the wife, during his own life, whenever there has been a child of the marriage born alive, and he is then said to be a tenant by the courtesy. It is sufficient that the child be born alive, though it live but a moment.

The husband also becomes possessed of the wife's leases for years, and he may dispose of them as he pleases during his life. If he does not dispose of the same during his life, and his wife survive him, she will be enti tled to them.

Husband's Liability for Wife's Debts before Marriage. For all debts owing by the wife before marriage, the husband is liable; but if they are not recovered during the marriage, he is discharged, for his liability ceases with the death of the wife. In the application of this rule, it makes no difference whether the husband has, or has not, received any property by his wife.

Such debts, however, still remain the debts of the wife, and if she survives her husband, she continues personally liable; and if she die before her husband, her property will be liable.

Husband's Liability to Maintain his Wife.-The husband is bound to provide necessaries suitable to her situation, and his condition in life; and if he fails to do this, and she contracts debis for them, he will be liable for those debts. Where the wife is in the habit of procuring necessary articles for the family, the husband will be liable for the debts which she has contracted for that purpose, unless he shall give notice to the contrary, and himself furnish her with necessaries.

The husband is only liable to furnish such necessaries as are suitable to her situation, and his condition in life; and his liability does not extend beyond that.

If the husband abandons his wife, or sends her away, or if they separate by consent, without any sufficient and suitable provision for her maintenance, he will be liable for her necessaries, and for debts contracted by her in procuring them.

If the wife elopes, and deserts her husband, he will be no longer liable for her necessaries. While the husband is not guilty of cruelty, and is willing to provide her a home, with suitable necessaries, he is not bound to furnish them elsewhere.

If a wife who has left her husband, conducts herself with propriety during her absence, and offers to return to her husband, and he refuses to receive her, it is still an unsettled question whether he will in such a case be liable for her necessaries. If, however, her elopement is accompanied with adultery, he is not bound to receive her back, and will not be liable for her necessaries, even if she offer to come back.

All persons supplying food, lodging, and clothing to a married woman living separate from her husband, are bound to make inquiries, and they give credit at their peril.

Dower of the Wife in Husband's Real Estate -Upon the death of the husband, his wife is entitled to be endowed, for her natural life, of the third part of all the lands whereof he was seized, at any time during the marriage.

It is not necessary, to entitle the widow to dower, that the husband should be seized of the lands at his decease; it will be sufficient, if at any time during the marriage, he was seized, although he may have conveyed them to a third person before his decease, provided the wife has not relinquished her right of dower in the same.*

* In Vermont, Connecticut, Tennessee, North Carolina, and Georgia, the widow is only entitled to dower in lands whereof the husband died seized. And in Maine, New Hampshire, and Massachusetts, she is not entitled to dower in wild lands.

Where land is conveyed to the husband, and immediately mortgaged back to secure the purchase money, the wife will not be entitled to do wer in the land as against the rights of the mortgagee.

In nearly all of the states, if lands are held by the husband as trustee, the wife will not be entitled to be endowed of them, unless the husband has a beneficial interest the rein.

Where property is mortgaged, the wife is entitled to dower in the husband's equity of redemption. But if she claims her dower, she is bound to contribute ratably towards the redemption of the mortgage.

How wife's right to dower may be barred.-A divorce from the bonds of matrimony bars the wife's right to dower. But in most of the states provisions are made for the wife, where a divorce is not obtained on account of her misconduct, and in some states divorce is not a bar to dower, unless caused by her guilt.

Elopement of the wife, accompanied with the commission of adultery, is sufficient, in most of the states, to bar the wife from dower, unless the husband becomes reconciled to her.*

The wife may release her dower, and it is very common for her to join with her husband in conveying his land, for that purpose.

Fraud will annul marriages.-Fraud will sometimes be a ground for annulling a marriage; but error about the family or fortune of the individual, though produced by unfair representauons, will not at all affect the validity of a marriage. Marriages may be dissolved by death or by divorce.

Marriages may be dissolved by divorce.-Divorces are of two kinds; from the bonds of marriage, and from bed and board. The first arises from some of the legal disabilities already mentioned. Adultery also is a cause for divorce from the bonds of matrimony; so, also, in some states, is imprisonment for life, or a certain term of years; and in a few states, ill usage or desertion is a sufficient cause. In a divorce from the bonds of matrimony, the marriage is declared null and void, and the parties, (or at least the innocent one, where the marriage has been dissolved by reason of the guilt of one of the parties,) may in general marry again.

A divorce from bed and board is not a dissolution of the marriage, enabling the parties to marry again; but merely authorising and directing them to live separate. It is ordinarily granted on account of extreme cruelty towards, or desertion of, the wife by the husband.

Upon a decree of divorce, a reasonable provision is made, by the court, for the wife, out of the husband's property, unless the divorce has been caused by her guilt.

Powers of the husband.-A married woman has no authority to make a contract without the authority or assent of her husband, express or implied. If a wife sell or dispose of the goods of the husband, the sale is void; or if she buy goods without his consent, he is not chargeable with them. So, also, a note, bill, or lease, signed or indorsed by a married woman, is void.

If the wife be injured in her person or property, she can bring no action for redress, without the concurrence of her husband; neither can she be sued, without making the husband defendant.

In the civil and criminal trial, husband and wife are not generally allowed to be evidences for or against each other, unless the offence is between themselves; but from this rule there are several exceptions. The wife is admitted as a witness against the husband in an indictment for forcible abduction and in marriage; and in bigamy, though the first wife cannot be a witness, the second may, the second marriage being void.

Where, too, the husband has allowed the wife to act as agent in the management of his affairs, or in any particular business, the representations and admissions of the wife, in the course of such agency, are admissible in evidence against the husband. That, in an action against the husband, for board and lodging, where it appeared the bargain for the apartments had been made by the wife, and that, on a demand being made for the rent, she acknowledged the debt, the plaintiff was held entitled to recover. So, also, the admission of the wife, as to an agreement for suckling a child, was allowed to be evidence against the husband.

* In New York, however, the wife is not barred of her dower, unless convicted of adultery, or divorced, or unless the husband shall have commenced proceedings to obtain a divorce.

SEPARATE RIGHTS OF MARRIED WOMEN. 117

THE SEPARATE RIGHTS OF PROPERTY OF MARRIED WOMEN.

[The following extracts are made from "Hunt's Merchants' Magazine," a work entitled to a place in the counting-house of every merchant.]

New York. A married woman is allowed to insure the life of her husband in her favor, or the husband to insure his own life in her favor, exempting the amount from any of his liabilities. The property owned by her at the time of her marriage is not subject to the disposal of her husband, nor liable for his debts. The Act of April 11, 1849, amends the previous Act, and permits a married female to take, by inheritance, or by gift, grant, devise, or bequest, from any person other than her husband, and hold to her separate use, and convey and devise real and personal property, and any interest and estate therein, and the rents, issues and profits thereof, in the same manner as if she were unmarried not subject to the disposal of her husband nor liable for his debts, Trustees holding real or personal property of a married woman, under deed or otherwise, on her written request, accompanied by a certificate of the Justice of the Supreme Court, shall convey to such married woman the whole or any part thereof, for her sole and separate use. All contracts made between persons in contemplation of marriage, shall remain in full force after such mar riage takes place.

Maine. Act of August 2, 1847, authorizes any married woman to become seized or possessed of any property, real or personal, by direct bequest, devise, gift, purchase, or distribution, in her own name, and as of her own property, exempt from the debts or contracts of her husband, unless it shall appear that such property was purchased with the property of her husband. August 10, 1848, gives her the remedies appropriated to the defence of those rights.

An act of

New Hampshire. Act of June 27, 1845, enables a married woman of twenty-one years and upwards, to devise her real estate, saving the husband's rights, acquired in any estate so devised by virtue of the marriage contract."

Act of July 10, 1846, allows ante-nuptial contracts or conveyances, reserving to the wife all or a part of her real or personal estate, which, when relating to real estate, must be recorded in the registry of deeds.

Vermont. Act of November 2, 1846, makes the wife of any man confined in the State prison, a feme sole as to the rights of the action arising since his sentence.

Act of November 15, 1847, exempts the rents and profits of wife's real estate, acquired before or during coverture,t from execution for her husband's sole debts, and enables married women to devise.

age,

Massachusetts. The Revised Statutes authorize any married woman of a abandoned and not maintained by her husband, on petition, to sell her real and personal property; to make contracts, and to sue and be sued

Act of March 2, 1842, enables any married woman of age to dispose of her separate property, real and personal, by last will, with the written consent of her husband, and to revoke the same at her pleasure, without his consent.

Act of March 11, 1844, allows insurance in favor of a married woman on the life of any third person in her behalf.

Act of March 25, 1845, authorizes ante-nuptial contracts, reserving to the wife her real and personal estate; requires such property to be invested in certain stocks, and prohibits its employment in trade.

Act of April 9, 1846, allows the payment to a married woman of any wages earned by her own labor, by any individual or savings bank, on her own receipt.

Rhode Island. Laws of 1848, allow insurance for the benefit of a married woman, with the usual exemptions from the husband's liabilities.

Connecticut. The Revised Statutes of 1849, exempt the interest of a married woman in real estate, owned before or acquired in any way after coverture, from execution against the husband, during her life or that of their children, saving all contracts prior to July 1, 1845. SEC. 8 allows payment of her wages to a married woman, and makes receipt to her valid. Married women

* Feme sole, is a single woman; feme covert, a married woman.

t Coverture, as applied to a married woman, under the protection and power of her husband.

are enabled to dispose of their property, real and personal, by will, “in the same manner as other persons."

Pennsylvania. The act of April 11, 1848, provides that every species of property, real, personal, or mixed, belonging to a woman before, or accruing in any way after marriage, shall be owned as her separate property; shall be exempt from execution for her husband's liabilities, and shall not be conveyed or mortgaged without her consent, provided the husband shall not be liable for her debts, contracted before marriage, and provided that her property shall be liable for her debts, and on judgment against him for wrong or injury.

SEC. 7 enables any married woman to dispose of any property, by will, with two witnesses, neither of whom is her husband. SEC. 10 specially exempts the husband's right by courtesy.

Ohio. Act of February 28, 1846, exempts the interest of a husband in his wife's real estate from execution for his debts during her life or the lives of their issue. SEc. 3 exempts from execution a husband's right to any choses in action, demand, or legacy of the wife, unless reduced to possession.

Kentucky exempts the property, real, personal, or mixed, of any married woman abandoned by her husband, and living separate from him, acquired by her labor or otherwise, from his debts; enables her to hold it, and to be party to any action or suit necessary to her rights. Act of February 23, 1846, makes the slaves of a married woman real estate, so far as respects liability for the husband's debts. SEC. 3 exempts her real estate, acquired in any way before or after marriage, from liability for his debts.

Tennessee. Act of October 18, 1825, makes it unlawful for an officer to levy on any property acquired by the labor of the wife, or devised or given to her, where her husband has abandoned her, or she lives separate from him in consequence of ill-treatment.

This, we think, is the pioneer act on the subject, and Tennessee must have the honor of being the first to take a step in the right direction, as respects the rights of property of married women.

Indiana. Act of January 23, 1847, exempts all real estate, acquired before or after marriage, of a married woman from liability for the husband's debts, but the same and its profits are declared to be her separate property, saving debts previously contracted by her. Act of January 26, 1847, enables mar

ried women to devise their real estate.

Illinois. The Revised Statutes of 1844-5, allow married women to dispose of their separate estate, real and personal, by will.

Michigan. The Revised Statutes of 1846 authorize any married woman to dispose of any property held by her by will. CHAP. 85 makes similar provisions to those of Massachusetts for sale of wife's property in case of abandonment, and for power to contract and sue. SEC. 25 provides that any property, real or personal, of a married woman, acquired before or after marriage, shall be and continue her real and personal estate "to the same extent as before marriage."

Missouri. Act of March 5, 1849, exempts from execution, for debts contracted before marriage, property of a married woman owned before or acquired after marriage; and also exempts the husband's property from the wife's prior debts. SEC. 3 specially exempts the wife's property from debts incurred by the husband as security.

Wisconsin. The real estate of any female now married, and the real and personal property of any female hereafter married, or acquired after marriage, is made her sole and separate property, "as if she were a single female."

Florida. SEc. 2. By act of March 6, 1845, the title of any female, hereafter marrying, to her real and personal property, shall continue separate, independent, and beyond the control of her husband, and shall not be taken in execution for his debts, and (Sec. 3.) married women are allowed to take and hold real and personal property.

Texas. Act of March 13, 1848, provides that every female marrying under twenty-one shall, from the time of marriage, be deemed of full age. SEC. 2 makes all the property, real and personal, of the husband owned before or acquired after marriage by gift, devise, or descent, his separate property! and makes an analogous provision in favor of the wife; "provided, that, during the marriage, the husband shall have the sole management of all such property." SEC. 3 makes all property acquired by either after marriage, except by gift, devise, or descent, their common property, with remainder to the survivor, if there be no children, and one half to each if there be a child. By section four husband and wife are suable jointly for necessaries furnished herself or children.