As the wife acts under the command and control of her husband, she is excused from punishment for certain offences, such as theft, burglary, housebreaking, etc., if committed in his presence and under his influence. A wife cannot be found guilty of concealing her felon husband or of concealing a felon jointly with her husband. She cannot be found guilty of stealing from her husband or of setting his house on fire, as they are one person in law. A husband and wife cannot be found guilty of a conspiracy to which they themselves only are parties, as that offence cannot be committed unless there are two persons. USUAL PRECAUTIONS AGAINST THE LAWS CONCERNING THE PROPERTY OF MARRIED WOMEN. [Sidenote: An engaged woman cannot dispose of her property.] When a woman has consented to a proposal of marriage, she cannot dispose or give away her property without the knowledge of her betrothed; if she make any such disposition without his knowledge, even if he be ignorant of the existence of her property, the disposition will not be legal. [Sidenote: Settlements.] It is usual, before marriage, in order to secure a wife and her children against the power of the husband, to make with his consent a settlement of some property on the wife, or to make an agreement before marriage that a settlement shall be made after marriage. It is in the power of the Court of Chancery to enforce the performance of such agreements. [Sidenote: Difference between Common Law and Equity.] Although the Common Law does not allow a married woman to possess any property, yet in respect of property settled for her separate use, Equity endeavours to treat her as a single woman. She can acquire such property by contract before marriage with her husband, or by gift from him or other persons. There are great difficulties and complexities in making settlements, and they should always be made by a competent lawyer. [Sidenote: Indictment for theft.] When a wife’s property is stolen, the property (legally belonging to the husband) must be laid as his in the indictment. SEPARATION AND DIVORCE. A husband and wife can separate upon a deed containing terms for their immediate separation, but they cannot legally agree to separate at a _future_ time. The trustees of the wife must be parties to the deed, and agree with the husband as to what property the wife is to take, for a husband and wife cannot covenant together. [Sidenote: Divorce is of two kinds.] Divorce is of two kinds:-- 1st. Divorce _à mensâ et thoro_, being only a separation from bed and board. 2nd. Divorce _à vinculo matrimonii_, being an entire dissolution of the bond of matrimony. The grounds for the first kind of divorce are, 1st. Adultery, 2nd. Intolerable Cruelty, and 3rd. Unnatural Practices. The Ecclesiastical Courts can do no more than pronounce for this first kind of divorce, or rather separation, as the matrimonial tie is not severed, and there is always a possibility of reconciliation.