Definition of HUSBAND


HUSBAND

o do, and which her situation requires; but
this does not include such luxuries as, according to her fancy, she deems
necessaries; vide article Cruelty, where this matter is considered. He is
bound to love his wife, and to bear with her faults, and, if possible, by
mild means to correct them and he is required to fulfil towards her his
marital promise of fidelity, and can, therefore, have no carnal connexion
with any other woman, without a violation of his obligations. As he is
bound to govern his house properly, he is liable for its misgovernment, and
he may be punished for keeping a disorderly house, even where his wife had
the principal agency, and he is liable for her torts, as for her slander or
trespass. He is also liable for the wifes debts, incurred before
coverture, provided they are recovered from him during their joint lives;
and generally for such as are contracted by her after coverture, for
necessaries, or by his authority, express or implied. See 5 Whart. 395; 5
Binn. 235; 1 Mod. 138; 5 Taunt. 356; 7 T. R. 166; 3 Camp. 27; 3 B. & Cr.
631; 5 W. & S. 164.


4. Secondly, of his rights. Being the head of the family, the hushand has
a right to establish himself wherever he may please, and in this he cannot
be controlled by his wife; he may manage his affairs his own way; buy and
sell all kinds of personal property, without any control, and he may buy
any real estate he may deem proper, but, as the wife acquires a right in
the latter, he cannot sell it, discharged of her dower, except by her
consent, expressed in the manner prescribed by the laws of the state where
such lands lie. At common law, all her personal property, in possession, is
vested in him, and he may dispose of it as if he had acquired it by his own
contract this arises from the principle that they are considered one person
in law; 2 Bl. Com. 433 and he is entitled to all her property in action,
provided he reduces it to possession during her life. Id. 484. He is also
entitled to her chattels real, but these vest in him not absolutely, but
sub modo; as, in the case of a lease for years, the hushand is entitled to
receive the rents and profits of it, and may, if he pleases, sell,
surrender, or dispose of it during the coverture, and it is liable to be
taken in execution for his debts and, if he survives her, it is, to all
intents and purposes, his own. In case his wife survives him, it is
considered as if it had never been transferred from her, and it belongs to
her alone. In his wifes freehold estate, he has a life estate, during the
joint lives of himself and wife; and, at common law, when he has a child by
her who could inherit, he has an estate by the curtesy. But the rights of a
hushand over the wifes property, are very much abridged in some of the
United States, by statutes. See Act of Pennsylvania, passed April 11, 1848.


5. The laws of Louisiana differ essentially from those of the other
states, as to the rights and duties of hushand and wife, particularly as it
regards their property. Those readers, desirous of knowing, the legislative
regulations on this subject, in that state, are referred to the Civil Code
of Louis. B. 1, tit. 4; B. 3, tit. 6.
Vide, generally, articles Divorce; Marrriage; Wife; and Bac. Ab. Baron
and Feme; Rop. H. & W.; Prater ou H. & W.; Clancy on the Rights, Duties and
Liabilities of Hushand and Wife Canning on the Interest of Hushand and
Wife, &c.; 1 Phil. Ev. 63; Woodf. L. & T. 75; 2 Kent, Com. 109; 1 Salk. 113
to 119; Yelv. 106a, 156a, 166a; Vern. by Raithby, 7, 17, 48, 261; Chit.
Pr. Index, h. t. Poth. du Contr. de Mar. n. 379; Bouv. Inst. Index, h. t.


Source: Bouviers Law Dictionary 1856 Edition

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