[Sidenote:  Suits at law.]

The wife could neither sue or be sued unless her husband was joined with her in the suit.  A judgment recovered against her alone was void, because she was unknown to the law apart from her husband.  One entered in her favor became the property of her husband.

[Sidenote:  Wife as executor.]

The consent of the husband was necessary to enable a married woman to act as executor, administrator, guardian or trustee.

[Sidenote:  Duty of husband.]

[Sidenote:  Liable for anti-nuptial contracts.]

[Sidenote:  Torts of wife.]

The husband became responsible for the maintenance of the wife according to her rank and station, and if he failed to make suitable provision for her, tradesmen might furnish her with necessaries at her request and could collect payment from the husband.  He was liable for all of her debts contracted before marriage, and this was the case, though he may have received no property with her.  He was responsible for certain wrongs committed by her after marriage, such as libel and slander, and judgment could be recovered against him.  If a wrong were committed jointly by both, action might be brought against the husband alone.  When a judgment was recovered upon contract, or because of the wrongful act of the wife, if the husband failed to pay it, he might be imprisoned.

[Sidenote:  Widow’s quarantine.]

After the death of the husband the law gave the widow a right to remain forty days in his house, during which time her dower might be assigned.  This right was known as the “widow’s quarantine.”

[Sidenote:  Custody of children.]

The father was legally entitled to the custody of his children,—­the right of the mother was never recognized, it being expressly stated by Blackstone that “a mother, as such, is entitled to no power, but only to reverence and respect.”  He might by will appoint a guardian for them after his death, though yet unborn, and might apprentice them or give them into the custody of others without the consent of the mother.

[Sidenote:  Property rights.]

[Sidenote:  Wife’s paraphernalia]

All personal property belonging to the wife vested absolutely in the husband at marriage.  He could will it to whom he pleased or, if he died without a will, it descended to his heirs.  Even her wearing apparel and ornaments known by the term “paraphernalia,” belonged to the husband.  During his life he had the power to sell or give them away, but he could not devise them by will.  If they remained in the possession of the wife while the husband lived, she was entitled to them over and above her dower, but even then creditors of the husband might claim them, if there chanced to be a deficiency of other assets with which to pay the debts of the estate.

[Sidenote:  Choses in action.]