PEKE COVERTE ( feemina tiro In the language of the law of England, a woman by her marriage becomes subject to her husband, who has the control of her person, and is entitled to fix her residence. This control in the husband is admitted to a certain extent in criminal cases to excuse a married woman from guilt, Thus, in any felony, except murder or manslaughter, committed by a married woman, in presence of her husband, it is assumed that she acted under his compulsion. But this presumption may be rebutted by evidence that she was the principal agent in the crime. A married woman cannot, in criminal cases, be a witness for or against her husband, except when he is tried for violence against her. In civil cases, a married woman may be examined in a suit where her husband is a party. In a petition for divorce on the ground of adultery, a married woman is not a competent witness; but where cruelty forms one of the grounds of complaint, she may be examined on that subject. Her property is to a limited extent transferred to the husband. By 7 Will. IV. and 1 Vict. c. 26, even a will made before marriage is revoked by the marriage. But a deserted wife may, by 20 and 21 Vict. c. 85, s. 21, obtain an order to is any money acquired by her own indus try. By 33 and 34 Vict. c. 93 (1870) it s possible for a woman to retain her personal earnings, and gifts made to her during marriage in her own right (see HusnAND AND Wiva). The landed property of a married woman is, during the marriage, under the administration of the husband, and during their joint lives, he is entitled to all the profits of the lands, Should there be a child of the marriage born alive, and capable of inheriting the lands, he has, by the courtesy of England (see COURTESY IN LAW), an estate for life in all lands in which he is seized in fee in her right. Formerly, a mar
ried woman could not, during marriage, execute a conveyance of lands without levying a fine (q.v.); but by 3 and 4 Will. IV. c. 74, a married woman may now make a disposi tion of real estate as if she were a feme sole. But the husband must concur in the deed, which must also be acknowledged by the wife, in presence of one of the judges, a master in chancery, or of a commissioner appointed under the act. Formerly, an action could not be maintained by a married woman unless with the concurrence and in the name of the husband. A married woman may now maintain all action and other reme dies in her own name, as regards her separate estate. A married Woman cannot bind her husband by any contract she may enter into, but as he is boUnd to 'support her, he is liable for necessaries supplied to her while she lives with him, or if he willfully deserts her, but not where she has left him of her own accord. Formerly, a wife could not obtain a divorce from her husband; but by 20 and 21 Viet. c. 85, she may now obtain a divorce on the ground of adultery, coupled with cruelty or dc.,ertion. See DIVORCE. For the law of Scotland in regard to the rights of married women, see HUSBAND AND WIFE.