2045. Private Property.-As regards a single woman's personal property, which has come into her possession by inheritance, will, or gift, the Act makes no kind of difference as to the effect of her marriage thereon; but,

NEW PROVISIONS.

2046. Industrial Property.-With regard to wages and earnings gained by any trade or occupation, or the savings, investments, or property acquired by such wages or earnings by single woman, the Act is not explicit as to the effect of her marriage upon such savings, investments, or property.

2047. Probable Intention.—The probability is that the intention of the first section of the Act was to secure to every single woman possessed of property of any kind, being the result of her own application or industry, the control of such property after her marriage; but,

2048. Great Uncertainty.-What the effect of the marriage of a single woman is henceforth to be, with regard to her previouslyacquired stock-in-trade, is left in that state of glorious uncertainty which lawyers love; and

2049. Inevitable Litigation.-It appears inevitable that before very long suits must arise in connection with the trading property of single women, as affected by their marriage after acquiring the same; for,

2050. Previously-Acquired Property.-The contingency of an industrious woman getting married, who has previously acquired stock-in-trade, is certainly not directly contemplated by the Act; because,

2051. Apparent Omission.—The first section, and the only section of the Act applying to property acquired by industry, makes no protision for the earnings of single women in any emergency; thus, 2052. The Industrial Section.—The following is the first section of the Act, with the addition of the italics :—

"The wages and earnings of any married woman, acquired or gained by her after the passing of this Act, in any employment, occupation, or trade in which she is engaged, or which she carries on separately from her husband, and also any money or property so acquired by her through the exercise of any literary, artistic, or scientific skill, and all ́investments of such wages, earnings, money, or property, shall be deemed and taken to be property held and settled to her separate use, independent of any husband to whom she may be married, and her receipts alone shall be a good discharge for such wages, earnings, money, and property;" hence,

2053. Married Women Only.-The first section of the Act,

according to its strict letter, applies only to wages and industrial acquisitions by married women; and

2054. Exclusion of Unmarried Women. The passage, “which she carries on separately from her husband," excludes the operations of women before marriage; and

2055. Only Possible Interpretation.-As the receipt of a single woman for her wages is, in any case, a good discharge," the provision in that regard can only apply to married women; on the other hand,

2056. Seeming Intention.-The words, "any husband," seem to contemplate a marriage subsequently to the earnings; though,

2057. Discretionary Rendering.-"To whom she may be married" may mean to whom she may be already or thereafter married, according to the fancy or bias of the reader; but,

2058. General Signification.—The section, taken as a whole, implies that the women contemplated throughout are already married before the commencement of the industry which the section is designed to sanction and protect; for,

OLD STATUS OF WIVES.

2059. No Ownership.-Previously to the passing of the Act, a wife without a formal settlement (2519) was disqualified from all ownership on her own account;

2060. She could not buy or sell on credit;

2061. She could not earn money;

2062. She could not enter into any industrial engagement without the assent of her husband;

2063. If she traded, the stock and profits belonged exclusively to her husband;

2064. She could not sue or be sued.

2065. She could not borrow.

2066. Power of Husband.-Formerly, if any person engaged a married woman to work for him, the husband was legally empowered to draw her wages, and payment to the wife did not bar the husband's claim. If his consent to her being paid was not first obtained, the husband could legally compel payment a second time to him.

2067. Domestic Servants.-If a married woman was engaged in a family as nurse, or as any kind of domestic servant, and her wages were paid to her regularly, probably without any knowledge that she was married, her husband could step in and compel payment to him over again, unless he had previously consented to payment being made to his wife; but,

NEW STATUS OF WIVES.

2068. End of Uncertainty.—All legal disputes as to the claimsof husbands upon the wages and earnings of their wives are happily put an end to; for,

2069. Security for Earnings.-Subsequently to the 9th of August, 1870, all wages, earnings, or property acquired by the industry of wives belong exclusively to them; so, also,

2070. Trading.-A wife may henceforth trade in her own name, for her own exclusive advantage; but,

CREDIT.

2071. Upon Honour.-As the Act does not expressly enable wives to take credit, all transactions with them upon credit must be pon honour only; for,

2072. Cannot be Sued.—The Act does not provide for wives being sted (2136), therefore, in that respect, they are as they were (2064), though their husbands may possibly be made nominal defendants on their behalf (2080); therefore

2073. Ready Money.-The trading purchases of wives must continue to be, for the most part, restricted to ready money, unless they have a protection order (2076).

2074. Bankruptcy.-As wives cannot legally take credit or be sed, it would appear that they are incapable of becoming bankrupt; but that is involved in uncertainty.

PROTECTION ORDERS.

2075. Previously to the passing of the Married Women's Property Act. the Divorce Court and Magistrates had power to grant protecCon orders to wives, which power is still retained; and

2076. Trade, Sue and be Sucd.-Wives with protection orders an trade, sue, or be sued, just as though they had no husbands: in 2. other respects the advantages of a protection order are secured taneously by the Act; but,

2077. Desertion Essential.-A wife cannot obtain a protection until her husband has deserted her, in which case the mode proceeding may be sought for under the head of "Protection ders" (*).

NEW POSITION OF HUSBANDS.

2078. Old Liabilities.-A husband may be compelled to pay ail dents incurred by his wife prior to the passing of the Act; and 2079. Personal Debts.-Husbands are still generally liable for the personal debts of their wives; yet,

(a) See "Protection Orders."

2080. Trading Debts.-A husband's property is not liable for his wife's trading debts, incurred since the 9th of August, 1870, but it appears probable that, under a fiction of law, he may be sued, as her responsible representative, in respect of her separate transactions (2072), to the extent of her separate property, but that must depend upon circumstances.

PRIOR DEBTS.

2081. Old Law.-Formerly, when a man married, he immediately became liable for all debts, of every description, incurred by his wife prior to her marriage, whether he knew of them or not; and

2082. Continuing Responsibility.-Husbands married prior to the 9th of August, 1870, are not absolved by the Act from the debts of their wives incurred before marriage; but,

2083. Final Extinction of Prior Liabilities.—With regard to all marriages subsequently to the 9th of August, 1870, husbands are under no liability for the debts of their wives incurred prior to the marriage; on the other hand,

NEWLY-MARRIED WIVES.

2084. Continuing Responsibility.—All wives married subsequently to the 9th of August, 1870, are liable (") for all unpaid debts incurred by them prior to marriage; and

2085. Liability of Property.—The property of a married woman, no matter how acquired, is liable (a) for the satisfaction of her debts incurred prior to her marriage; and

2086. Husband Liable for Deficiency.-Should a woman marry subsequently to the 9th of August, 1870, leaving prior debts unpaid, her husband is liable for such debts to the amount of his wife's property at the time of her marriage, though it may, between the marriage and the action, have been spent for her sole gratification.

DEPOSITS AND INVESTMENTS.

2087. The Married Women's Property Act, 1870, in addition to securing wives and their earnings, makes provision for their investments; thus,

SPECIAL PROVISIONS.

2088. Depósits and annuities, made and granted subsequently to the 9th of August, 1870, either to married women or to women who (a) See "Set-off."

may marry after such deposit or grant, must be accounted for and paid to them as if they were unmarried. The rule applies to :29. Deposits in savings banks;

2000. Annuities granted by savings banks ;

2991. Money invested in government securities to any amount exceeding £20.

2032. Shares in joint stock companies; and

2093. Investments in provident and industrial societies; notwithstanding,

2094 Ordinary Banking Accounts.-Deposits by married women in ordinary banks other than savings banks, are not protected by the Act; and

2095. Prior to Act.-Deposits, investments, and annuities standing to the credit of married women anywhere, on or prior to the 6th of August, 1870, are not protected by the Act; and

CONTEMPLATED MARRIAGE.

2096. When a single woman is married subsequently to the 9th of August, 1870, and she, previously to her marriage, has deposits, investments, or annuities standing to her credit, she must take steps to secure the continuance of her own control over such matters; otherwise,

2097. Consequences of Carelessness.-A single woman's savings and investments may drift into the legal control of her future husband, unless she takes necessary precautions; thus,

2098. Savings in Possession.—Mere savings, in the possession of a woman at the time of her marriage, are still a gift to her husband as of old; and

2099. Provision for Transfers.-It is provided that single women. about to be married may, previously to their marriage, require the honeys standing in their then names in savings banks, government securities, joint stock companies, or provident and industrial societies, to be transferred to their intended names; therefore,

2100. Practical Inferences.-The inference to be deduced from the Act is, that if a single woman, previously to her marriage, fails to transfer her investments and deposits to her intended name, she mpliedly waives her right, and loses her control over such property in favour of her husband, just as if the Act had never been passed (2034); otherwise,

2101. If it is not necessary for single women, previously to their marriage, to transfer their deposits and investments to their intended names, the provision to that effect in the Act is a superfluous entanglement of legislation; besides,