543. All other personal property also, belonging to the wife at the time of her marriage, becomes the property of the husband; and on his death it goes to his representatives. And he has power to sue for debts due to her by bond, note, or otherwise, which are termed choses in action; and when recovered, and reduced to possession, the money becomes his own.

544. The husband is answerable for her debts before coverture; but if they are not recovered during coverture, he is discharged. Coverture is the condition of a married woman, who, by the laws of the land, is in the power of the husband. If the husband dies before the debts are collected, his representatives are not liable but the wife remains liable after her husband's death.

545. The husband is bound, to provide for his wife the necessaries suitable to her situation, and his condition in life; and he is obliged to pay any debts which she may contract for such necessaries: but for any thing beyond necessaries, he is not chargeable. If the husband abandons his wife, or they separate by consent, or if he sends her away and refuses to provide for her wants; or, if she be so treated as to afford reasonable cause for her to leave his house; he is liable to fulfil her contracts for necessa ries, even though he should have forbidden persons to trust her. If they live together, and the wife goes beyond what is prudent and reasonable, the tradesman trusts the wife at his peril.

546. A husband, dying in the lifetime of his wife, may, by will, cut her off from all his estate but a right of dower; that is, the right to have, for life, the use of one third of all the real estate which he owned during marriage, and whereof she has not barred herself by joining with him in a deed. A wife cannot devise her land by will; but she may dispose by will, or by act in her lifetime, of her separate personal estate, settled upon her, or held in

personal property? 544. Is the husband answerable for his wife's debts contracted before marriage? Who is liable after his death? 545. In what cases is a man obliged to pay his wife's contracts? 546.

What are their respective powers as to making wills"

trust for her. A will made by a female while single, who afterwards marries, becomes void.

547. Settlements made upon a wife, in pursuance of an agreement in writing, entered into before marriage, are valid both against creditors and purchasers. A settlement after marriage may be good, if made upon a valuable consideration. A voluntary settlement after marriage, upon a wife or children, without a valid agreement previous to the marriage, is void against creditors. But if the person be not indebted at the time, the settlement, if made without fraudulent intent, is good against after creditors.

548. The husband and wife cannot be witnesses for or against each other; but where the wife acts as her husband's agent, her declarations may be admitted in evidence to charge the husband.

549. A wife has no remedy for ill treatment from her husband till his conduct becomes criminal. And if she can make oath before a magistrate, that she is in fear of personal violence, he may be required to give bonds to keep the peace. But as the husband is the guardian of the wife, and bound to protect and maintain her, the law gives him a reasonable superiority and control over her person; and, if her conduct be such as to require it, he may even put gentle restraints upon her liberty.

547. What is required to make settlements valid? 548. Can husband and wife be witnesses for or against each other? 519. What remedy does the law afford a wife against ill treatment from her husband?

CHAPTER III.

Parent and Child-Infants-Guardian and WardMaster and Apprentice-Hired Servants.

550. THE duties of parents to their children, as being their natural guardians, consist in maintaining and educating them during the season of youth and infancy; and the parent is obliged, during the minority of the child, which, in law, means infancy, or, of an age under twenty-one years, to provide for his support and education; and he may be sued for necessaries furnished under just and reasonable circumstances. The father is bound to support his minor children, if he be of ability, even though they have property of their own; but this obligation, in such a case, does not extend to the mother.

551. The legal obligation of a father to maintain his child, ceases as soon as the child is of age, unless the child becomes chargeable to the public as a pauper; but the husband is not liable for the maintenance of the child of his wife by a former husband, nor for the support of his wife's mother. But if he takes the wife's child into his own house, he is responsible for the maintenance and education of the child so long as it lives with him.

552. A father is not bound by the contract of his son, even for articles suitable and necessary, unless an actual authority be proved, or the circumstances be sufficient to imply one; or unless a clear omission of duty on the part of the father renders assistance to the child necessary. The father has a right to the labor or services of his children, and he may sue any other person for the value of their labor performed for such person. The father is also entitled to the custody of their persons; and when they are improperly detained, he may obtain such custody by writ of habeas corpus.

550. What are the duties of parents to their children? 551. When do these obligations cease? 552. What is necessary to make the father liable for the son's contracts? How may the father procure

553. Parents have a right to exercise all discipline necessary for the discharge of the duties they owe to their children. But courts of justice may, when the morals, or safety, or interests of the children require it, withdraw infants from the custody of their parents, and place them elsewhere.

554. The duties of children to their parents, are obedience and assistance. In the absence of any authority in the common law to enforce these duties, the Revised Statutes of New York have provided, that a parent may, by will, disinherit his ungrateful children; and compel the children, if they be able, to support and relieve their poor, lame, old or impotent parents, who cannot maintain themselves.

555. Infants, or minors, can do no act to the injury of their property, which they may not avoid or rescind, when they arrive at full age. Minors who contract debts, will be obliged to pay them, if they promise to do so, after they shall have become of age. Contracts for necessaries are binding upon an infant; and he may be sued and charged in execution on such contract, provided the articles were necessary under the circumstances in which he was placed. But if he lives with his father or guardian, whose care and protection are duly exercised, he cannot bind himself even for necessaries.

556. Minors are answerable for crimes; and they may be indicted and tried. Infancy does not protect fraudulent acts. If a minor takes an estate, and agrees to pay rent, he will be liable for its payment when he arrives at his majority. If he receives rents, he cannot demand them again when of age. If he pays money on contract, and enjoys the benefit of it, and then avoids it when he comes of age, he cannot recover back the consideration paid. And if he avoids an executed contract when he comes of

the services, and the custody of the bodies of his children? 553. When may children be taken from their parents? 554. What are the duties of children to parents? 555. What is the capacity of a minor? 556. When and how is he compelled to fulfil certain con

age, on the grounds of infancy, he must restore the consideration.

557. The relation of guardian and ward is nearly the same as that of parent and child. A father may dispose of the custody and tuition of his child during his minori ty, or for a less time, to another person, who thereupon becomes the guardian, and the infant is called ward. By the statute of New York, a minor having no guardian, may, at the age of fourteen years, apply to a surrogate for the appointment of such guardian as the minor may nominate. If the minor be under the age of fourteen years, a relative or other person, in his behalf, may so apply for the appointment of a guardian. A guardian in socage, that is, a guardian who has the custody of a minor's property as well as of his person, is required to keep safely such property, and to deliver the same to his ward when he arrives at full age.

558. By the statute of New York, male infants, and unmarried females under eighteen years of age, with the consent of proper persons, may bind themselves, in writing, to serve as apprentices to some art or trade; if males, until the age of twenty-one years, and, if females, until the age of eighteen years, or for any shorter time. Consent shall be given by the father; or, if dead, or not in a legal capacity, by the mother; and, if she refuse, or be not in a legal capacity, then, by a guardian duly appointed; or, if there be no guardian or other person, by the overseers of the poor, or two justices of the peace of the town, or a judge of the county court.

559. County superintendents of the poor may bind out any child under the ages above specified, who may be sent to the county poor house, or who is become chargeable to the county. In all indentures, by the officers of any town or county, binding poor children as apprentices or servants, a covenant must be inserted to teach them to read and write and, if a male, the general rules of arith

tracts? 557. What relation exists between guardian and ward? What are a guardian's obligations? 558. To what age may ap prentices be bound? By whose consent? 559. How is the educa