A Short History of Women's Rights: From the Days of Augustus to the Present Time. with Special Reference to England and the United States. Second Edition Revised, With Additions.Hecker, Eugene A. (Eugene Arthur)
History
A Short History of Women's Rights: From the Days of Augustus to the Present Time. with Special Reference to England and the United States. Second Edition Revised, With Additions.
Hecker, Eugene A. (Eugene Arthur)
Women's rights -- History
"V. During the marriage the husband is in effect liable to the whole
extent of his property for debts incurred or wrongs committed by his
wife before the marriage, also for wrongs committed during the marriage.
The action is against him and her as co-defendants. If the marriage is
dissolved by his death, she is liable, his estate is not. If the
marriage is dissolved by her death, he is liable as her administrator,
but only to the extent of the property which he takes in that
character." [Mr. Ashton, in his very interesting book, p. 31, quotes a
peculiar note from a Parish Register in the reign of Queen Anne to this
effect: "John Bridmore and Anne Sellwood, both of Chiltern all Saints,
were married October 17, 1714. The aforesaid Anne Sellwood was married
in her Smock, without any clothes or headgier on." "This is not
uncommon," remarks Mr. Ashton, "the object being, according to a vulgar
error, to exempt the husband from the payment of any debts his wife may
have contracted in her ante-nuptial condition. This error seems to have
been founded on a misconception of the law, as it is laid down 'the
husband is liable for the wife's debts, because he acquires an absolute
interest in the personal estate of his wife.' An unlearned person from
this might conclude, and not unreasonably, that if his wife had no
estate whatever he could not incur any liability."]
"VI. During the marriage the wife cannot contract on her own behalf. She
can contract as her husband's agent and has a certain power of pledging
his credit in the purchase of necessaries. At the end of the Middle Ages
it is very doubtful how far this power is to be explained by an 'implied
agency.' The tendency of more recent times has been to allow her no
power that cannot be thus explained, except in the exceptional case of
desertion."
Public-domain text, read in full here on John Shaqi.
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