During hostilities an alien enemy is precluded from suing on pre-existing contracts. He may be sued on them, however, and may, of course, defend himself. This is the general rule, but may be departed from by special enactment or proclamation, as the follow ing facts will illustrate : The status of alien enemies in the United States has been determined by proclamation of the Presi dent of the United States and in Canada by the Gov ernor General of Canada.
Internment in a detention camp means that the sub ject of such detention is dangerous to the safety of tile state, and for the time of his detention at least he loses his civil rights. It has been held in the Province of Quebec that an alien enemy upon being released from internment could proceed with an action insti tuted prior to, and which had been suspended, dur ing his internment. He was assumed to have again become a law abiding alien enemy. It has taken some time to get a settled jurisprudence on some of the important questions arising out of the proclamation in so far as it derogated from the general principle already stated, that an alien enemy, even resident in the foreign country, loses his civil rights for the duration of the war. Under the proclamation as now interpreted by the higher courts, a resident alien enemy who pursues peaceably his usual vocation may, in Canada, contract and seek the assistance and pro tection of the courts.
5. Married wortten.—At common law a married woman (few covert) is, in most instances, incapable of making a valid contract. The fact that she is liv ing apart from her husband,. under an agreement of separation, makes no difference.
When, however, the husband is civilly dead his wife has the same capacity to contract as a widow or an unmarried woman (feme sole). If a married woman renders personal services to a third party she acquires contractual rights. These, the husband may reduce to his possession, but if he fails to do so during cover hire they survive to the wife.
A married woman may make contracts relative to her personal estate which are enforcible by a court of equity. An English case holds the following: Courts of equity have, thru the medium of trusts, cre ated for married women rights and interest in property, both real and personal, separate and independent of their hus bands. To the extent of the rights and interests thus cre
ated a married woman has, in courts of equity, power to alienate, to contract, to enjoy. She is considered a fenic sole in respect of property thus settled or secured to her separate use.
Under modern statutes, both in England and in this country, the contractual rights of married women are given re'cognition. Under some of these laws married women are empowered to contract generally; but under most laws they are empowered to contract only with reference to their separate estates. Usually, the husband is relieved of liability for his wife's ante-nuptial debts, but he remains liable for her main tenance, and for any debts contracted by her, after ' marriage, unless public notice to the contrary has been 1 given.
In the English-law provinces of Canada (i.e., in the provinces other than Quebec), married women by law, andby the mere fact of their marriage, may hold their separate property in their own name. They may freely contract in respect of their separate estate, and sue and be sued personally. Their separate estates are alone liable for their debts and contracts. They may take action for the protection of their separate property against a husband as freely as against any i one else. Their_ separate pEperty is not liable for debts of their husbands, nor have the latter any estate ._ - _ _ _ _____._=____ . or interest therein durin,,a tile-nirivriiF— — - •__ _ — _ • In Quebec, the common raw p—rovides for com munity of property by reason of marriage, so that if the consorts desire to be separate as to property', they must before marriage enter into a formal material contract stipulating that, whatever each owns before or may acquire after marriage shall be his or her sep arate property. If they are comnion as to property the husband is said to be the "head of the community," he controls -and administers all the property; his wife's property is liable for his debts and his property for his wife's debts. The wife in community cannot hold movable property in her own name, except such as may be willed or bequeathed to her by third per sons and declared to be her private property. Im movable property belonging to her before marriage or bequeathed to her by ascendants does not fall into the community but is hers absolutely.