Savannah courier. (Savannah, Tenn.) 1885-1979, 1889-10-24
LEGAL LIMITATIONS.
The Law Regarding Necessarles for vy,v..
Gases In Which Women Jurors Arc
lad ---

BY the English common law still in
force in England and those of our
American States which adopted the
common law, comprising a great ma
jority OF the States, wife has imnliad
authority, as her husbands agent IN
purchase articles necessary to the com
fort of herself and her family. This
means, writes Mary A. Greene. in
Woman's journal, that the wife. even
without her husbands consent, has a
right to make purchases of clothino
food and other articles for herself and
the family, and to have the amount
charged to her husband.
Z But this right of the wife is not nm.
limited. If it we're. an extrayaoant
woman might with legal impunity rem
der her husband penniless, and keen
him thus Moreover, the shop-keeper
who sells goods to married woman
has right to know to whom he is to
look for his pay. Consequently wa
find the following limitations TO the
law:
l. 1t the husband has requested his
wife to trade only at certain stores. she
has no right to buy goods and have the
amount charged to him at anv other
stores. And if he keeps her supplied
with a sufficient amount of ready
money to pay cash for her purchases
and has requested her not to buv on
credit he is not bound to pay for any
thing she buys in violation of his ex-
pressed request. In case of any dis
pute over this, it is for the Jury to de-
eide whether the amount OF money
given to her was sufficient for the fam
lily expenses. and in deciding this the
jury IS to consider the pecuniary cir
cumstances OF the husband and the
familys manner of living If he has
not. in the opinion'of the jury. provid-
ed sufficient amount. he is liable for
necessary articles which the wife has
had charged to his account and it is no
defense for him to say that he gave her
some money for her expenses, if the
jnry think he did not give her enough.
2. II the wife abandons her husband
without just cause, she has no longer
any right to charge him for her pur-
chases. But so strongly does the law
protect this authority OF the wife to
pledge her husbands credit, that il she
leaves him for just cause she still has
the right. The notices we often see in
the papers, where husband posts
his wife, stating that he will pay no
bills OF her contracting, have absolutely
no effect to release him from his obliga-
tion, If the wife is without fault in leav-
ing him. They may serve to warn
shop-keepers Of trouble ahead" and
to put them on their guard, but they do
not absolve a husband from still pro-
viding for his abused and, it may be,
long-suffering wife. So in case OF a
judicial separation amounting to
divorce e-unless some definite agree
ment is made between the parties, the
his wife's contracting.
3. If the shop-keeper at the time a
woman buys goods, knows she is a
married woman, and We. prefers to
charge the amount to her, he can not
afterwards turn around and sue the
husband for his pay.
H. Not all the bills contracted by the
wife are required to be paid by the
husband. They must be bills for 'nec.
essaries" for herself and her family.
Now this term ''necessaries" has q
technical meaning in the law, much
broader than its ordinary colloquiaI
signifcation. In law it does not sim
ply include the baSe necessities OF life.
Among persons not thoroughly convcs'
SAINT with law, there is a belief that il
does mean only this and nothing more
and so they not unreasonably conclude
that this particular law is very harsh
to women.
Now, in deciding in given case
whether the article purchased be ''nec
essary," many things are to be consid
cred. Diamond earrings might b'
considered necessary for the wife OF
President of The United States, while
they would not be necessary for th'
wife of day-laborer Theoretically
1t is for the Judge to say whether th'
particular article in question could pos
sibly be necessary for any one. II h'
thinks that it may be, it is then for tn
jury to say whether the article is nee
essary for this particular wife, and IL
deciding this, they must take into con
sideration the pecuniary condition o
the husband, the style in which h
lives, and the station in society oil him
self and his family.
Practically, at the present day, on
courts take such liberal view oil IN
needs of wives, that judge will sci
dom take upon himself the responsloil
ity of asserting that the article pur
chased could not by any posslollity D
necessary for any woman. lie WI
leave it to the jury to decide upon tn
evidence.
Thus. in a rather recent Massachu
setts case, judge declined to rule Una
a piano, a gold watch and chaln' an
other articles of jewelry we're nc
necessary for the wife of carpente
and builder. thus implying that thes
articles might be necessary Tor her
the jury should find that her husoan
lived in a style sufficient and had prol
erty enough, to warrant sucn pu'
chase.
In an English case. arising aoo'
1920, the wife of a lawyer VINO naa
small income and lived IN a snaooii
furnished house bought KID glove
laces and other ornaments to the 'a'u
OF several hundred pounds. Inc cou,
sha r.a,l