power to administer his property in the form prescribed by the common law.

Holland.-Majority is attained in Holland at twenty-three, but emancipation may be obtained at twenty years.

Italy, Russia, Sweden, Poland, Greece, and Hayti.—The age of majority in these countries is twenty-one years.

Malta.-A person eighteen of years of age may in Malta enin trade.

gage

Portugal. No person less than twenty-five years of age can be registered as a trader, unless emancipated. This emancipation can only be obtained at the completion of the eighteen years of age. The conditions of emancipation are the same as those prescribed by the Spanish Code (a).

Spain.-A minor of the full age of twenty years is permitted to engage in trade whenever he can prove-1. That he has been legally emancipated. 2. That he has property in his own right. 3. That he has been declared able to administer his property. And 4. That he renounces the privileges afforded by the civil law to minors in commercial matters. A person under twenty-five years of age and a married female, being traders, may mortgage their real estate for the payment of debts contracted in trade (b). Turkey. The age of majority in Turkey is twenty-one years.

Disability

from unsound.

SECTION V.

LUNATICS AND DRUNKARDS.

BRITISH LAW.

Lunatics-Unsoundness of mind constitutes a necessary dis

ness of mind. ability to engage in trade; but a contract made with a person of unsound mind is not invalid, unless it be shown that advantage has been taken of his infirmity (c).

Disability

from drunkenness.

Drunkards.-A person in a state of drunkenness, not knowing what he is doing, is incapacitated to contract, and would not be bound by contracts entered into whilst he was in a state of intoxication, provided he disallows his acts as soon as he becomes sober. But partial intoxication would not be sufficient to invalidate a contract, unless unfair advantage was taken of him by the other contracting party.

(a) Portuguese Code, §§ 5 and 14-17.

(b) Spanish Code, §§ 4, 5.

(e) Nelson v. Duncombe, 9 Beav. 211.

SECTION VI.

RESTRAINT OF TRADE FOR WANT OF FREE WILL.

MARRIED WOMEN.

TORY OBSER

By marriage, the personal identity of the woman is lost. Her INTRODUCperson is completely sunk in that of her husband, and he acquires VATIONS, an absolute mastery over her person and effects. Hence her complete disability to contract legal obligations; and except in the event of separation by divorce, or other causes, a married woman in the United Kingdom cannot engage in trade. In France, and other continental countries, however, a married woman is allowed to engage in trade with the consent of her husband, and the consent may be implied where he offers no opposition to her engaging in trade. Should he desire to withdraw his authority, he must register the same at the Tribunal of Commerce, and even give notice to such persons as are in the habit of dealing with his wife. The husband is liable for his wife's obligations, where there exists a community of property among them. And the wife has a right to sell and mortgage even her real estate for purposes of her trading.

BRITISH LAW.

for contracts.

A married woman is not liable for contracts entered into on Married woman not liable her own account, and she cannot be made a bankrupt; although where she has a separate estate, she would be bound by her bills of exchange, tradesmen's bills, and payment of rent(a). In the City of London a married woman may engage in trade and is liable for her own acts.

married woman when deserted.

A married woman, deserted by her husband, may in England Protection of apply to the Judge Ordinary of the Court of Divorce and Matrimonial Causes, or to a police magistrate, or justices in petty sessions, and in Scotland to the Lord Ordinary of the Court of Session, or Lord Ordinary on the bills, for an order to protect any means or property she may have acquired, or may acquire, by her own lawful industry, and any property she may have become possessed of, or may become possessed of, after such desertion, against her husband and his creditors, and any person claiming under him (b).

(a) Bullpin v. Clarke, 17 Ves. 365; Stuart v. Kirkwall, 3 Mad. 387; Murray v. Barlee, 4 Sim. 82.

(b) 20 & 21 Viet. c. 85, s. 21; 21 & 22 Vict. c. 108; 24 & 25 Vict. c. 86.

In cases of judicial separation married woman held

as feme sole.

Husband must join in the

suit.

Discharge of feme sole is discharge to husband.

Married woman cannot bind her husband by bills.

In every case of judicial separation the wife is, whilst so separate, considered as a feme sole, for the purpose of contracts, and suing and being sued in any civil proceedings, her husband not being liable in respect of any engagements or contract she may have entered into (a).

The husband must sue jointly with his wife for the recovery of dividends on stock and shares standing in the wife's name, and upon all other choses in action belonging to the wife, and he may sue alone or jointly with his wife upon all bills of exchange or promissory notes payable to the wife before marriage (b). An action commenced against a feme sole may be continued after her coverture, but to make the husband liable a joint judgment must be obtained against them both (c).

A discharge of a feme sole prior to her coverture under the Insolvent Debtors Act would be a discharge to her husband, but a discharge of a wife during coverture under such Act would not discharge the husband (d).

A married woman has no implied authority to bind her husband by accepting or endorsing bills of exchange or promissory notes, except where she manages her husband's business. May bind him During cohabitation a wife has an implied authority as agent of her husband to pledge his credit for necessaries suitable to her station, notwithstanding any private agreement between them (e).

for necessa

ries.

Even after separation, when turned away by the husband.

If a husband turns his wife away, and she maintains herself, she has authority of necessity to pledge his credit for necessaries supplied to her (ƒ). If a wife leaves her husband without his consent, she has no authority whatever to bind him (g). If a Or when they husband and wife separate by mutual consent, the wife has an separate by implied authority to bind the husband for articles suitable to her degree, unless she have an adequate allowance, and that allowance be duly paid to her. If, however, she commit adultery, her authority to pledge for necessaries is gone.

mutual consent.

can and Wife, 31 L. J. 96.

(d) 7 Geo. 4, c. 17; Defries v. Davis, 1 Scott, 594.

(e) Warwick v. Bruce, 2 M. & S. 205; Davies v. Manington, 2 Sid. 109. (f) Bright on Husband and Wife, 361.

(g) Bullpin v. Clarke, 17 Ves. 365; Stuart v. Kirkwall, 3 Mad. 387; Murray v. Barlee, 4 Sim. 82.

FOREIGN LAWS.

woman may trade with

husband.

France. A married woman cannot engage in trade without Married the consent of her husband; and beside his consent, where the husband is himself a trader, she must have a trade distinct from consent of her that of her husband. Married women engaged in trade may pledge, mortgage, and sell their estates for the payment of their debts. A married woman trading on her own account may, even without the authority of her husband, bind herself for what concerns her trade, and in that case she will bind her husband also if there be community of interests between them (a).

a married woman may

feme sole.

United States of America.-In some of the states, as Penn- In some states sylvania and South Carolina, a wife may act as a feme sole trader, and become liable as such, the same as in the city of London (b). But for her greater protection no suit can be brought against a feme covert sole trader, unless her husband be joined. In Louisiana the wife may be a public merchant and bind herself, yet she cannot contract a debt by note without the authorisation of the husband.

Germany.-A married woman cannot trade without the consent of her husband, but he is presumed to have given his consent by allowing her to trade with his knowledge. The wife of a merchant who only assists her husband in his trade is not held to be a trader. A married woman who is a trader may lawfully bind herself for her trading without the consent of her husband, and all her private property is liable for the engagements of her business, irrespective of the rights of the husband. All the property which she has put in common is also liable for her debts. A woman who is a trader may appear in court for her mercantile matters, whether she is married or single (c).

Rights of a

married

woman who is

a trader.

Power of martrading on her

ried woman

own and her

Brazil. A married woman of eighteen years of age may trade on her own account, with the authority of her husband. But she cannot hypothecate or alienate the property belonging to husband's proher husband before marriage, when their respective titles have perty. been registered in the register of commerce within fifteen days of their marriage, nor can she bind the property which belongs to them in common, without the special authority of her husband, Rawle, 189.

(a) Civil Code, § 220; Code de Commerce, § 6.

(b) Burke v. Winkle, 2 Serg. &

(c) German Code, §§ 5-10.

Authority to trade may be revoked.

Liability of a

Woman en

gaging in trade.

Liability of a woman in trade for the acts of her agent.

proved by public deed entered in the same register. She may bind, hypothecate, and alienate her dotal property and her paraphernalia, all she has acquired by her trade, and all the rights which accrue from the community. The authority to trade given by the husband to the wife may be revoked by judgment of Court or by public deed, but this revocation will only have effect relatively to third persons after it has been enrolled in the register of trade, published in a newspaper, and communicated by letter to all who had mercantile relations with the wife. When a married woman is in trade it is presumed that she has the authority of her husband, unless the contrary is shown by the publication of a circular, duly registered as above (a).

Buenos Ayres.-A woman trading on her own account cannot claim to be protected from the consequences of the obligations which she has contracted. In case of doubt, as to the commercial nature of the obligation, all the obligations she has contracted are considered to be commercial, except those which she has secured by mortgage. Where a woman is the owner of a commercial establishment, it is presumed that she has registered it in the name of a gerant, or agent, and from that moment all her property becomes liable for the acts of her agent, according to the terms of the registered authority. The marriage of the trading woman does not alter her rights and obligations relatively to the trade carried on by her gerant, or factor. She is presumed to be authorised by her husband so long as the contrary is not shown by a circular, addressed to the persons with whom she has commercial relations, entered in the register of commerce, and published in the newspapers. When a woman enters into commercial partnership she has none of the rights or obligations of a merchant unless it be so expressly stipulated, and unless it has been made public that she will take part in the management of the partnership. The wife of a trader who merely helps her husband in his trade is not deemed a trader. Right of mar married woman of eighteen years of age may engage in trade, provided she has the authority of her husband duly registered, or when she is judicially separated by sentence of divorce. In the first case she renders responsible for the obligations of her

ried women to trade.

(a) Brazilian Code, §§ 4 and 27-29.

Α