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Earnings of Unlawful Occupation are not Protected,
Evidence of separate Business,
Evidence of separate Trade,
CHAPTER XIV.
THE STATUS OF A MARRIED WOMAN.
Character of Status,
160
Adherence not Enforced,
161
Wife cannot be Curator, but may be Executrix or Trustee,
Husband's Curatory of Wife,
Limitations on Incapacity of Married Women,
Obligations in rem Versum,
When Husband is civiliter mortuus, or imprisoned,
Ad factum praestandum,
Obligations by Married Woman who is a Trader,
Obligations by Married Woman living separate,
Liability of Wife fraudulently holding herself out as Unmarried,
Where Husband is Abroad,
Where Deserted Wife is a Trader,
Capacity under Conjugal Rights Act, 1861,
Married Women's Property Act, 1877, .
Married Women's Property Act, 1881,
How far jus administrationis excluded,
Savings from Income of separate Estate,
165
CONTENTS.
Power of Court to dispense with Husband's Consent, Married Woman living with her Husband has no greater capacity to contract a personal Obligation than before Act,
Husband's Administration not excluded,
Limit of Capacity of a Married Woman as to Estate separate by
Act of 1881,
Wife's Capacity to deal with her Heritage,
Wife's power to grant Leases,
When a Wife may deal with her Heritage as if Unmarried,
Capacity of Wife to grant inter vivos Deed not to take effect till
her Death, .
Capacity of Wife to Test,
Wife's Right of Election,
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PAGE
175
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179
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181
CHAPTER XVI.
Where the goods are not necessaries agency is not presumed,.
LIABILITY OF HUSBAND FOR WIFE'S ANTE-NUPTIAL
DEBTS AND FRAUDS ON MARITAL RIGHTS.
Husband is liable in quantum lucratus for Wife's Heritable Debts
contracted before Marriage,
Deeds granted by a Woman after Proclamation of Banns,
Fraud on Marital Rights,
CHAPTER XVIII.
EFFECTS OF DIVORCE ON PROPERTY.
Legal Rights,
196
Where Ground of Divorce is Husband's Adultery, is he bound to
Where Property Sold, but the Seller is still Infeft,
205
Where Husband's Infeftment is only Nominal,
206
Where Terce is due, though Husband did not die Infeft,
Where Father has Contracted in Son's Marriage-Contract,
207
Where Husband has Fraudulently delayed to take Infeftment,
Where Husband was Infeft at Death, but his Title afterwards
Where Husband has disponed lands in trust or for security,
208
Where Trust did not flow from Husband, and he was never Infeft,
When was Husband's infeftment completed?
Terce opens at Husband's death,
How Terce is excluded,
(a.) By direct discharge and ante-nuptial marriage-contract,
(b.) By post-nuptial deed,
(c.) By acceptance of provision in testamentary deed of husband,
Where the provision in deed is not expressly in full of legal rights,
the onus of showing that this was not intended, lies on the
Widow,
When Exclusion presumed,
Acceptance to be valid must be in full knowledge of rights,
Implied Acceptance,
Terce barred by entail,
Conviction of High Treason,
210
211
212
213
. 213
214
Nature of Widow's Right before Service,
Does Right of Widow unserved Transmit to her Representatives?
Effect of Service,
Service operates retro,
215
216
With Heir,
217
With singular Successor,
When Purchaser may retain part of price to meet Terce,
(4.) By electing after Husband's death to take the Provisions in his
Settlement or other Deed,
Election may be inferred from Conduct,
Delay is no bar, .
226
227
When Jus Relictae is discharged, how is Estate divided?
228
Courtesy does not extend to Lands held by Trustees under Instruc-
tions to Convey to the Wife,
Heritable Bonds, Feu Duties, Burgage, Casualties,
Real Burdens Preferable to Wife's Sasine exclude the Courtesy,
Birth of a Child heard to Cry, .
No other Evidence of Life Competent, .
230
Husband enjoying Courtesy liable for the Interest of Wife's Personal
Debts,
232
By ancient Law Husband enjoyed during his life all the Honours
of Courtesy,
Acceptance of a Conventional Provision is not an implied discharge
Alien Husband is not entitled to Courtesy,
Caution may be demanded on cause shown,
234
CHAPTER XXII.
WIFE AS PARTNER IN A FIRM, OR SHAREHOLDER IN A
JOINT-STOCK COMPANY.
(1.) Is Partnership dissolved by Marriage of Woman?
Can Wife become Partner without her Husband's consent?
Can Wife enter into trading Partnership with her Husband?
Wife as Shareholder in respect of her separate estate,
Can Wife become Shareholder without her Husband's consent?
Right of Administration not excluded,
Husband's Liability as Contributory,