The Washington times., 1902-04-10
The Legal Rights Of Women.
By A. LEFTwICH, SINCLAIR.

The rights of property which the wife
acquires by marriage are possibility of
succeeding to third of her husband S
personal estate, when he dies intestate,
and the right of dover in his freehold
estates She also acquires the right, while
living with him, to bind her husband
for necessaries suitable to her position
in life If he neglects or refuses to sup
ply them; for although the law is said
TO throw upon the husband the obligation
of maintaining and supporting his wife
there seems TO be no direct mode of en-
forcing such obligation.
Whenever question arises as to the
husband having authorized his wife TO
contract debt the question, as a Ques-
tion OF fact, is for jury to bass upon.
But as jurors are apt to be Influenced
ty discordant views on this subject, some
times by sympathy with possessors of
eXtraysgant wives and sometimes with
brother tradesman who is prosecuting
his claim. it is not to be wondered at
il their decisions are somewhat fuctuat-
ing. | rather think, however that the
tendency of modern juries, composed en-
tirely of the male sex, is to find verdicts
IN favor of the husbands.
When a wife is living with her hus-
band. if in the ordinary administration
OF her household she gives orders for
commodities suitable to her position in
life the presumption is that she has the
authority of her husband, and he will be
bound by her acts. even if the articles
should not turn out to be necessaries.
unless he succeeds in showing that the
household was already well supplied, and
wholly unwarranted; for when a man
places his wife at the head OF the house
hold, he implicitly confers upon her such
power and authority as persons in such
positions usually exercise.
This is also true in the case OF wear
ing apparel. The wife has implied au-
thority to pledge her husbands credit
for articles suitable to her station in
life. He sees the dress or ornaments
which she wears, and if he recognizes
the purchase by allowing her to wear
the things bought very little evidence
is necessary to prove his assent TO the
orders. But if the wifes purchases have
been eXtravagant and far above what was
needed by the position and rank of the
welded pair. and have not been recog-
nized or ratified by her husband a jury
will then have to decide whether the wife
in buying the articles acted within or
without the authority of her husband and
In the latter case he is absolved
But when the wife is living apart from
her husband quite different rule pre-
walls; then there is no presumption that
she has authority to bind her husband,
even for the actual necessaries of life.
The lew requires the wife to cohabit with
her husband and if she leaves his roof
and contracts debts the law requires the
tradesman VINO supplies her to make in
quiries and ascertain that the separation
from her husband was justifiable and that
from her husbands conduct toward her
she has a right to pledge his credit-and
,ven after making inquiries II a party
supplies her he does so at his peril
Wher wife lives with her husband
he may, in general. be taken to be cog
infant of her contracts. But when they
person seeking to hold tine husband for
the wife's debts to clearly prove that
he is liable A shopkeeper who is fool
ish enough to sell goods to every woman
who applies 10 him for credit must take
his chances of being paid. and II is only
just that he be required to make out by
strict proof his claim against any other
person.
1t is well settled rule of law that
the husband is not bound to support his
wife out of his family. and II she wrong
fully leaves him she fOrfeits her right to
support at his hands.
The following are the only cases in
which the husband is liable for the sup
port of his wife, where a separation has
occurred: First, when he has deserted
and abandoned his wife; secondly, when
he has turned her out of doors for some
unjustifiable cause.-The rule being that
when man drives his wife from him
he sends his credit with her; thirdly,
when his conduct has been of such a char
acter as to compel her 10 quit his roof.
and, fourthly, where the separation of the
parties has been by mutual consent and
the husband has failed to make ample
provision for his wife's separate main
tenauce.