On the other hand, the husband is liable, by the common law, with her, for all the debts for which his wife was liable when he married her. This is true whether they were then payable, or did not mature until after the marriage; and whether he received anything with her or not. If he does not pay them, and dies before the creditor has obtained a judgment against him, his estate is not liable, even if he had a fortune with her, and that fortune goes to his heirs or his creditors, and her creditors get nothing. So it is if the wife dies before the creditor recovers a judgment against the husband, and the husband then retains all her fortune. But her responsibility revives at his death, and she is liable as before marriage, even if she carried him a fortune, and all her fortune went, as above stated, to his representatives. But if she dies, leaving things in action not reduced by the husband to possession, and he reduces them to his possession as her administrator, he must apply them to the payment of her debts, and can hold for himself only what is left after such payment.

Such, we have said, is the common law of England and of this country. We have stated it, because it is the origin and common foundation of the law everywhere. But it is not just or right; and there are few, perhaps no one of our States, in which it remains wholly unqualified by statutory provisions. But these provisions are very various; and in some of the States they change with almost every year.

By the common law a widow is entitled to dower, that is, to the use and occupation during her life of one-third of the lands owned by the husband at any time during the existence of the marriage relation between them.

In nearly all the States a married woman conveys her own real estate, and releases dower by joining in a deed with her husband; but she is not generally bound by covenants therein, and, in many, must be separately examined. In most, she has a certain time, after removal of the disability of coverture, to assert her different rights, otherwise barred. Generally, devises or conveyances to husband and wife create a joint-tenancy, unless the terms of the devise or conveyance are expressly otherwise. And, upon the marriage of a woman who is plaintiff or defendant, the suit does not abate, but the husband may be admitted to prosecute or defend with her.

I give here an Abstract of the law of husband and wife, as it stands in the Statutes of the several States and Territories. For statute provisions respecting homesteads, see the Abstract of Laws relating to the Collection of Debts.

ALABAMA.

All property of wife acquired before or after marriage is her separate property and not liable for debts of husband. Her earnings and any damages recovered for injury to person or property are her separate estate. She remains solely liable for torts committed before marriage. Husband is not liable for

wife's contracts after marriage, or for her torts, unless he participates. She has full capacity to contract as if sole. She must sue and be sued alone on all her contracts and torts. Husband must join in sale of her lands, unless he has abandoned her, is insane, a non-resident, or imprisoned under two years' sentence. She cannot become surety for her husband. Husband and wife may contract directly with each other, subject to rules of law as to persons in confidential relations. She may carry on business in her own name on filing in the probate court written consent of her husband. A widow having no separate estate is entitled to dower of one-third of husband's lands if issue or estate insolvent, and if no issue and estate is solvent, one-half. If she has a separate estate equal to the interest she would otherwise take as dower, she shal! not be entitled to such interest, or if her separate estate is less than such interest, she shall be entitled to enough to equalize her separate and such interest. Married women over eighteen have the same rights as though of full age.

ALASKA.

All property of the wife acquired before or after marriage is her separate property and is not liable for the husband's debts. She can manage and dispose of the same by will as freely as if unmarried. She may recover damages without the husband being joined as plaintiff in the action, and he is not liable for her torts. She can contract as freely as if unmarried. The wife may record a list of her separate property, which will be prima facie evidence of her separate ownership, while property not so registered will be deemed prima facie to belong to the husband. Conveyances and transfers may be made between husband and wife, and liens created, and either may be the attorney of the other. A woman becomes of age at twenty-one, or upon being lawfully married.

ARIZONA.

All property of the wife owned by her before marriage, or afterwards acquired by gift, devise, bequest, or descent, is her separate property, and is not liable for debts of the husband. All property acquired by either husband or wife after marriage, except by gift, devise, bequest, or descent, is the common property of both, and during coverture can be disposed of by him only, but she must join in all deeds and mortgages of real estate. She may sue and be sued, in reference to her separate property, as though unmarried, and may carry on business in her own name by complying with certain statutory provisions. If of the age of eighteen years or over, she shall have the sole and exclusive control of her separate property, and may sell and convey her lands without being joined by the husband. Dower and curtesy are abolished and the rights of the survivor are regulated by statute.

ARKANSAS.

In ARKANSAS, a married woman may be seized in her own right of any property not coming from her husband. She cannot be executrix. Her real and personal property are her sole property, and are not liable for her husband's debts, but may be controlled by her, and she may sue or be sued on account thereof, as if unmarried. The filing of a schedule of such separate property in the office of the recorder of the county where she lives is prima facie evidence of her title. May make a will; may insure her husband's life for her own benefit; may manage and carry on business with her separate estate; and her contracts in respect thereto are not binding on her husband. A widow is entitled to dower of one-third of all lands in which the husband had an estate of inheritance during marriage, not released by her, and one-third of the personal property. If no children, she takes one-half of each as against the heirs and against creditors one-third, if the estate is newly acquired, but if it is ancestral, she will take only a life interest in one-third of the real property.

CALIFORNIA.

A married woman may hold, convey, and devise real and personal estate. Either husband or wife may enter into any engagement or transaction with

each other or with any other person respecting property, which either might, if unmarried, subject in transactions between themselves to the general rules which control the actions of persons occupying confidential relations to each other. They cannot by contract with each other alter their legal relations except as to property and except that they may agree to an immediat separation and make provision for their support and that of children during separation. All property owned before marriage, or subsequently acquired by gift, bequest, devise, or descent, by either husband or wife, with the rents, issues, and profits thereof, is his or her separate property. All other property acquired after marriage by either husband or wife, or both, is community property. The wife may, without the consent of her husband, convey her separate property or dispose of the same by will. Neither the separate property nor the earnings of the wife are liable for the debts of the husband, but her separate property is liable for her own debts contracted before or after marriage. The separate property of the husband is not liable for the debts of the wife contracted before marriage. The earnings and accumulations of the wife and of her minor children living with her or in her custody, while she is living separate from her husband, are her separate property. The husband has the management and control of the community property, except the homestead, with the like absolute power of disposition (other than testamentary) as he has of his separate estate. Husband cannot convey community property without consideration unless wife joins in conveyance, and it is the safer course to have the wife join the husband in all conveyances. Such is the common practice. Husband can convey property directly to the wife. The community property is not liable for the contracts of the wife made after marriage unless secured by pledge or mortgage thereof executed by the husband. Dower and curtesy are abolished. On the death of the wife the entire community property, without administration, belongs to the surviving husband except such portion as may have been set apart to her by judicial decree for her support. On the death of the husband one-half of the community property goes to the surviving wife, and the other half is subject to the testamentary disposition of the husband, and in the absence of such disposition goes to his descendants, or if there be no descendants is divided in the same manner as the separate property of the husband, the whole community property being subject to his debts, the family allowance, and charges and expenses of administration. Contracts for marriage settlements must be in writing, executed and acknowledged in like manner as deeds of land, and recorded in every county in which there is land affected thereby. In case of divorce on the ground of adultery or extreme cruelty the community property (except the homestead) is divided in such manner as the court may deem just. In other cases it is equally divided. A married woman may, upon obtaining leave of court, transact business as a feme sole. Women arrive at majority at the age of eighteen years.

COLORADO.

All property coming to the wife before or after marriage, except from her husband, remains her sole and separate property. She may bargain and sell, and enter into any contract in regard to the same as if she were sole. She may sue or be sued in regard to her property, person, or reputation, the same as if sole; may make a will, but she cannot bequeath away from her husband more than one-half her property without his consent in writing. She may carry on business on her own account, and her earnings are her separate property. The husband is liable for the debts of his wife contracted before mar riage to the extent of the property he may receive through her, but no further; and the wife may contract debts, sign bonds, bills, and notes, and sue and be sued in regard to the same as if she were sole. Dower is abolished. For educational and family expenses husband and wife are jointly and severally liable.

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CONNECTICUT.

Husband married before April 20, 1877, has a right to use of wife's real estate during her life and an estate by the curtesy after her death. All real estate conveyed to a married woman, in consideration of property acquired by her personal services during coverture, shall be held by her to her sole and separate use; and the avails of all sales of the real estate of a married woman, if invested in her name, or in the name of a trustee for her, belong to her. When any man abandons his wife for a continuous period of three years she may, on petition to the Superior Court, be authorized to dispose of her real estate, as if she were a feme sole. All the personal property of any woman married since the 22d of June, 1849, and before April 20, 1877, and all the personal property acquired thereafter by a married woman, and the avails of any such property if sold, shall vest in the husband in trust, to receive and enjoy the income thereof during his life, subject to the duty of expending therefrom so much as may be necessary for the support of his wife during her life, and of her children during their minority, and to apply such part of the principal thereof as may be necessary for the support of the wife, or otherwise, with her written assent; and upon his decease the remainder of such trust property shall be transferred to the wife, if living, otherwise as she may by will have directed, or in default of such will to those entitled by law to succeed her intestate estate. A marriage contracted after April 20, 1877, gives neither husband nor wife any interest in the property of the other, except as survivor. Her earnings are her own property. She may contract with third persons or convey property to them as if unmarried. The property of either is not liable for the debts of the other incurred before or after marriage. The purchases of either are presumed to be on his or her own account, unless they have gone to the support of the family, or for her reasonable apparel, or for her support when abandoned by her husband, in which cases he is liable. He is bound to support the family. On the death of either, the survivor has the use for life of one-third of the property, real and personal, of the other, which right is not to be defeated by any will of the other. If there be no will the survivor takes the third absolutely, and if no issue one-half. If either leaves a legacy to the other that legacy is to be taken instead of this right; but the legatee may elect whether to accept the legacy or his or her statutory share. They may contract before or after marriage for a provision in lieu of this statutory share. Neither party abandoning the other is entitled to this share. Parties married before April 20, 1877, may by written contract duly recorded substitute for their rights as existing at that date those given to parties thereafter married as above provided. A married woman whose husband is under a conservator has all the rights as to her property and estate as though unmarried. Married woman may act as executrix, administrator, trustee, or guardian.

DELAWARE.

The real and personal property of any married woman, whether acquired before or after marriage from any person but her husband, is her sole and separate property, not subject to the disposal of her husband or liable for his debts. She may receive and control her separate earnings, and may sue and be sued in regard to her separate property. She may also make any contracts necessary to be made with respect to her property. In purchasing real estate she may give any bond, mortgage, or security, as if sole, and her husband need not join. She may be executrix or administratrix. She may make a power of attorney. If twenty-one years of age she may dispose of her property, real and personal, by will. A widow is entitled to dower, as at common law, but if the husband die without leaving issue she is entitled to one-half, instead of one-third, of the real estate. Females attain their majority at 21 years. Guardianship continues until the female is 21 or is married.

DISTRICT OF COLUMBIA.

Property, real or personal, belonging to a married woman at the time of her marriage, or afterwards acquired, including her earnings, is her separate property, is not subject to disposal by the husband, or liable for his debts, and may be conveyed, devised, or bequeathed by her, as though she were unmarried, but no conveyance of her property shall be valid unless she is twenty-one years of age. A married woman may contract, sue, and be sued in her own name in all matters relating to her sole and separate property. She may make a will at the age of eighteen.

FLORIDA.

All property, real and personal, of the wife owned by her before marriage, or acquired afterwards by gift, devise, bequest, descent, or purchase, shall be her separate property, and not liable for the debts of the husband without her consent in writing executed according to the law governing conveyances by married women. Property of married women may be charged in equity and sold for her debts in certain cases. The wife's property remains in the care and management of the husband, but he cannot charge for such care, nor can she sue him for the rents and profits thereof. Her earnings are her own separate property. Husband and wife must join in any conveyance of her property, and in case of conveyance of real estate she must make a separate acknowledgment apart from her husband. The wife's deed, notwithstanding her minority, is valid if her husband joins with her. A married woman cannot make a contract to bind her separate property unless her husband joins with her; but on petition in chancery she may, by license of court, become a free dealer, and manage and control her own estate, and contract and sue in reference to the same, as though unmarried. Dower as at common law; but the widow may elect, instead of dower, to take a child's share in the estate of her husband, subject to the payment of his debts. A married woman may dispose of her property, real and personal, by will as though unmarried. Suits by married women must be begun as at common law; husband must join or she must sue by her next friend, except in suits relating to her real estate.