PAGtE

Rights  of  contract  of  wife  at  common  la-w — separate  rights
under  the  Married  "Women's  Property  Act — wife  marry-
ing her  debtor 1065

Dehts  and  liabilities  of  wife  before  marriage  at  common
law — under  the  Married  Women's  Property  Act 1067

Liability  of  husband  for  debts  of  wife  before  marriage —
husband  marrying  his  debtor    1068

Death  of  husband^death  of  wife — rights  of  husband
during  marriage 1070

At  common  law  marriage  operated  as  an  absolute  gift  to  Eights

the  hustand  of  all  chattels  personal  of  the  wife  in  possession  tefore

in  her  own  right ;  but  as  to  choses  in  action,  including  rights  ^^"^on

of  contract  and  for  breaches  of  contract,  the  husband  only  law.
took  the  right  of  reducing  them  into  possession  by  recovering

or  receiving  payment ;  and  if  not  reduced  into  possession

during  the  marriage,  they  remained  the  property  of  the  wife

or  of  her  personal  representative  (a) .     The  same  rule  applied

to  choses  in  action  accruing  to  the  wife  during  marriage  (b)  ;

but  it  did  not  apply  to  property  held  by  the  wife  as  trustee,

in  which  the  husband  had  no  interest ;  though  the  wife  could

not  sue  alone  as  trustee  -without  joining  the  husband  (c).
— Upon  contracts  with  the  wife  before  marriage  the  husband  Actions

l)T  Wife

could  only  sue  in  right  of  his  wife,  joining  her  as  co-plain-
tiff;  upon   contracts   with  her  during  marriage,  he  could

(«)  Co.  Lit.  300  a,  351b  ;  Mart  v.  Ferrins,  L.  R.  4  Q.  B.  500  ;  38  L.  J.
Stephens,  6  Q.  B.  937 ;  Fleet  v.  Ferrins,  Q.  B.  257 ;  Jones  v.  Cuthbertson,  L.  R.
