But if the note were given or the contract made by a fraud on the part of the infant, the injured party has the same right of defending against it on this ground as if the fraudulent party were not an infant. And it is a universal rule of the law, that no contract which is tainted with fraud is valid against an innocent party; therefore, a wilfully false representation of the infant that he has reached his majority would be a fraud, and would enable the party dealing with him to set the contract aside.

A father is bound to supply an infant child with necessaries; and, if he does not, is liable for their value to any person who supplies them. And for these, as we have seen, the child himself is also liable.

Although in most of our States the law does not require that the confirmation or new promise of an adult, of a promise which he may avoid because it was made by him when an infant, must be in writing, it would always and everywhere be better and safer to have this new promise in writing. It should be in substantially this form:

(1.)

I, Henry Thompson, having promised Nathan Green, to (here describe the promise, whether by a note, or verbally, for goods bought, or the like briefly, but so that there may be no`mistake about it) and at the time of making that promise I was a minor, within the age of twenty-one years, now, in consideration of said promise, I do hereby confirm and acknowledge the same, and promise a full performance and execution thereof. HENRY THOMPSON.

It would often be easier, if both parties assented, simply to give a new note for the amount due. But it might, in many cases, be better that the new promise should tell the story of the old promise for which it is given.

CHAPTER IV.

MARRIED WOMEN.

By the original common law of England and of this country, a married woman is wholly incapable of entering into mercantile contracts on her own account. By the fact of marriage, her husband becomes possessed of all her real estate during her life, and

if a living child be born of the marriage, he has her real estate during his own life, if he survive her. This life-right in her real estate is called, in law, his tenancy by the curtesy.

All the personal property which she has in actual possession becomes by common law, absolutely his, as entirely as if she had made a transfer of it to him. But by property in possession the law means only her goods and chattels; or things which can be handled; and which actually are in her hands, or under her direct and immediate control. If she have notes of hand, money due her, or shares in various stocks, these are not considered as things in possession, but as things in action.

Things in possession are those things which one has now in his hands, and things in action (called in law choses in action), those which are so called because he who owns them cannot get possession of them without an action, if other persons choose to resist him. All debts, and evidences of debt, as bonds, notes, and all shares in stocks, whether national or State, or of incorporated companies or other companies, are things in action. But bankbills are usually regarded as money, and therefore as things in possession. The common law makes a wide difference between things in possession and things in action in many respects.

The common law of husband and wife as to things in action is this. The husband may, if he pleases, reduce them to his possession, and so make them absolutely his own. In general, he does this by any act which is distinctly an act of ownership; as if he demands and collects the debts due to her, or indorses her noteswhich he can do in his own name-and sells them, or has the stock transferred to his own name, or, in general makes any final and effectual disposition of these things in action. Then they have become absolutely his own.

If, however, he does not reduce them to possession, and dies, and she survives him, her whole right and property revive at his death, without any interest whatever in his representatives. And even if he disposes of them by will, this is ineffectual, unless he had reduced them into his possession while he lived.

On the other hand, the husband is liable, by the common law, with her, for all the debts for which his wife was liable when he married her.

Such, we have said, is the common law of England and of this country. We have stated it, because it is the origin and common

foundation of the law everywhere. But it is not just or right, and has been qualified by statute in all our States.

In nearly all, if not all, of the States a woman's property remains her separate property after marriage, subject to her exclusive management and control, and not liable for her husband's debts. In most of the States all restrictions upon her power to enter into contracts in relation to her property have been removed, and she may make contracts, dispose of her property, and sue and be sued in the same manner and to the same extent as though she were unmarried. In several of the States a system of "community" property derived from the Civil Law prevails, that is, all property acquired by either husband or wife after marriage, except that acquired by gift, bequest or descent is common property, belonging to the two jointly. It is usually subject to the management and control of the husband during their joint lives, and on the decease of either is disposed of in accordance with special statutory provisions.

By the common law a widow is entitled to dower, that is, to the use and occupation during her life of one-third of the lands owned by the husband at any time during the existence of the marriage relation between them; and, on the other hand a husband, on the death of his wife is entitled to an estate by the curtesy that is, the right of use and occupation of all her lands during his life, provided a child has been born of the marriage between them. These common law rights of dower and curtesy have been abolished, or greatly modified, in many of the States, and other statutory provisions substituted for them.

In nearly all the States a married woman conveys her own real estate, and releases dower by joining in a deed with her husband; but she is not generally bound by covenants therein, and, in many, must be separately examined. In most, she has a certain time, after removal of the disability of coverture, to assert her different rights, otherwise barred. Generally, devises or conveyances to husband and wife create a joint-tenancy, unless the terms of the devise or conveyance are expressly otherwise; that is to say, they have a joint interest in the property while both are living, and on the death of either the title to the whole passes to the survivor.

The wife may everywhere, even by common law, be the agent of the husband, and transact his business for him, making, ac

cepting, or indorsing bills or notes, purchasing goods, rendering bills, collecting money and receipting for it, and in general entering into any contract so as to bind him, if she has his authority to do so. And while they continue to live together, the law considers the wife as clothed with authority by the husband to buy for him and his family all things necessary in kind and quantity for the proper support of his family; and for such purchases made by her, he is liable.

The husband is responsible for necessaries supplied to his wife, if he does not supply them himself. And he continues so liable if he turns her out of his house, or otherwise separates himself from her, without good cause. But he is not so liable if she deserts him (unless on extreme provocation), or if he turns her away for good cause.

If she leaves him because he treats her so ill that she has good right to go from him and his house, this is the same thing as turning her away; and she carries with her his credit for all necessaries supplied to her. But what the misconduct must be to give this right, is uncertain. Some English cases are very severe on this point. In America the law undoubtedly is, that the wife is not obliged to stay and endure cruelty or indecency.

It may be added, that if a man lives with a woman as his wife, and represents her to be so, he is liable for necessaries supplied to her, and for her contracts, in the same way as if she were his wife; and this even to one who knows that she is not his wife.

The statutes of which we give an abstract hereafter are intended to secure to a married woman all her rights. But in all parts of this country, women about to marry-or their friends for them-often wish to secure to them certain powers and rights, and to limit these in certain ways, or to make sure that their property is in safe and skilful hands. This can only be done by conveying and transferring the property to TRUSTEES; that is, to certain persons to hold the same in trust. This is done by a legal instrument, which is almost always an Indenture; by which is meant an instrument under seal between two or more parties. This instrument must set forth precisely, and with legal accuracy, just what the trust is; that is to say, just what the trustees, or the woman, or her husband may do, and just what they must do. This is one of those instruments which require peculiar care and

exactness, and its preparation should always be entrusted to a skilful lawyer.

I give here an Abstract of the law of husband and wife, as it stands in the Statutes of the several States and Territories.

For statute provisions respecting homesteads, see the Abstract of Laws relating to the Collection of Debts.

ALABAMA.

All property of wife acquired before or after marriage is her separate property and not liable for debts of husband. Her earnings and any damages recovered for injury to person or property are her separate estate. She remains solely liable for torts committed before marriage. Husband is not liable for wife's contracts after marriage, or for her torts, unless he participates. She has full capacity to contract as if sole. She must sue and be sued alone on all her contracts and torts. Husband must join in sale of her lands, unless he has abandoned her, is insane, a non-resident, or imprisoned under two years' sentence. She cannot become surety for her husband. Husband and wife may contract directly with each other, subject to rules of law as to persons in confidential relations. She may carry on business in her own name on filing in the probate court written consent of her husband. A widow having no separate estate is entitled to dower of one-third of husband's lands if issue or estate insolvent, and if no issue and estate is solvent, one-half. If she has a separate estate equal to the interest she would otherwise take as dower, she shall not be entitled to such interest, or if her separate estate is less than such interest, she shall be entitled to enough to equalize her separate estate and such interest. Married Women over eighteen have the same rights as though of full age.

ALASKA.

All property of the wife acquired before or after marriage is her separate property and is not liable for the husband's debts. She can manage and dispose of the same by will as freely as if unmarried. She may recover damages without the husband being joined as plaintiff in the action, and he is not liable for her torts. She can contract as freely as if unmarried. The wife may record a list of her separate property, which will be prima facie evidence of her separate ownership, while property not so registered will be deemed prima facie to belong to the husband. Conveyances and transfers may be made between husband and wife, and liens created, and either may be the attorney of the other. A woman becomes of age at twenty-one, or upon being lawfully married.

ARIZONA.

All property of the wife owned by her before marriage, or afterwards acquired by gift, devise, bequest, or descent, is her separate property, and is not liable for debts of the husband. All property acquired by either husband or wife after marriage, except by gift, devise, bequest, or descent, is