Page:A brief summary, in plain language, of the most important laws concerning women, together with a few observations thereon.pdf/8



marriage, and also for her breaches of trust committed before marriage.

Neither a husband nor a wife can be witnesses against one another in criminal cases, not even after the death or divorce of either.

A wife cannot bring actions unless the husband's name is joined.

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, &c, 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 conspiracy, as that offence cannot be committed unless there are two persons.

USUAL PRECAUTIONS AGAINST THE LAWS CONCERNING THE PROPERTY OF MARRIED WOMEN.

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.

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.

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.