HUSBAND AND WIFE are the correct legal as well as popular terms to denote two persons married to each other. The modes of contracting marriage, with the accom panying ceremonies, and the impediments to marriage, will be more properly described under the head of marriage (q.v.), and the mode of dissolving the marriage has been already partly described under divorce (q.v.). The effects of marriage on the parties, and upon their property, will here be described, for which purpose the relation of hus band and Wife will be assumed to have been duly constituted. And as the effect is not the same in all parts of the United Kingdom,, the laws of England and Ireland, which agree in this respect, will first be stated, and afterwards those of Scotland separately.
The effect of marriage in England and Ireland may be viewed under two heads— first, as regards the persons and the personal rights of the married persons; and secondly, as regards their property. 1. As to the person. So far as regards the person of the husband, lie remains in precisely the same position as before marriage. He can sue and be sued, enter into contracts, and bind himself as fully after as before marriage, and he can even make a will, and bequeath all his property to strangers, regardless of the wife. As regards the person and personal rights of the wife, however, there is a material dif ference. Her person is said to be merged in that of her husband, and for many pur poses they are treated as one person in the eye of the law. The meaning of that is, that the wife is under many disabilities. She cannot enter into contracts in her own name, and for most of the purposes of business she cannot be treated with as apart from her husband. Even the personal property she had before marriage, unless settled upon her by some settlement made before the marriage becomes her husband's' absolutely, and he can squander it at will. The principal thing which the wife can do in the way of entering into contracts after marriage, is to order goods and necessaries for the use of herself and family and for household use; but this does not in her own right, but merely as the agent of the husband, who is presumed iv the law to give her an implied authority to that effect, and therefore the wife, when ordering goods, does not in any way bind herself, but merely her husband. As, however, this power is often abused
by extravagant wives, the law qualities the power in this way, that the goods and neces saries so ordered mast be reasonable, and suited to the rank and position in life of the husband. If goods are therefore ordered which are extravagant, the husband can repudiate the contract, and return them, but he cannot keep the goods and refuse pay ment; if, for example, he has seen his wife wearing an expensive dress which he knows he did not himself order or pay for, if he do not at once repudiate the transaction, and return the goods, he will be held to have consented and approved of the purchase, and he cannot afterwards escape liability for the price. This position of husband and wife is taken advantage of in the lower walks of life by means of the tally system, which is the cause of much demoralization. The tallyman calls upon the wife in the husband's absence and offers her goods, which are generally in the end charged for at an exorbi tant rate; but as he consents to take payment by installments, and as the wife is advised to pay them secretly, the result is that the husband's money is often squandered. These transactions being a fraud on the husband, call generally be checked if, at the first moment he becomes aware of them, the husband repudiates them; and a county court, or any other court, would give him every assistance in getting rid of any liability so incurred, if he should afterwards be sued; but it generally happens that the matter has advanced too far before it is discovered; or lie has done something which is construed into an adoption of the contract; or, what is frequently the case, he ignorantly supposes that he has no remedy.