310 STATE BOARD OF AGRICULTURE. 



of its tender age, is iucapable of using that ordinary care which is required of 

 a discreet and prudent person, the want of such care on the part of the 

 parents or guardians would be attributed to the child. In such a case, how- 

 ever, greater caution would be expected of the traveler than in the case of au 

 adult. 



On the question of whether a party is guilty of negligence, the law would 

 consider the age and sex of the person. The same degree of care and skill 

 in driving along a public highway is not expected of a child or a woman as is 

 expected of a man of mature years. As in every other situation, the degree 

 of care exacted from a traveler on a public highway is in proportion to the 

 danger to others which attends his particular situation. 



Where a road is impassable by reason of mud-holes or other serious obstruc- 

 tions, the pulling down of a fence at the side of the road and passing over the 

 adjoining field has been held to be a necessary and justifiable act. 



LECTURE NUMBER TWELVE. 



LEGAL AND EQUITABLE RIGHTS OF THE FARMER'S WIFE. 



The common law idea of marriage was that the husband and wife became 

 one person, and that person principally husband. They reciprocally engaged 

 to live with each other during their joint lives — to assist each other, and 

 to share a common destiny as to the good or evil which should happen to 

 them The husband is bound to receive his wife at his home, and treat her 

 there as a husband should do; that is, furnish her with all the necessaries and 

 conveniences which his fortune enables him to do, and which her situation 

 requires; but this does not include such luxuries as, according to her fancy, 

 she may deem necessaries. For instance, an ordinary farmer would not be 

 expected to furnish his wife with a four hundred dollar seal-skin sacque, or a 

 set of diamonds, or a ball dress worth eighty dollars, or pipes, tobacco, and 

 cigars. 



By the term necessaries is meant all such things as are proper and requisite, 

 considering his circumstances and her situation. Whenever the husband, by 

 his misconduct, has obliged his wife to buy necessaries upon his credit, he 

 must pay for them, though he may have previously warned the tradesman, by 

 notice in the newspapers or otherwise, not to trust her ; but if her own 

 misconduct has reduced her to want, he cannot be charged. It is the duty of 

 the husband to love his wife, and to bear with her faults, as she ought to bear 

 with his; and he is required to fulfill toward her his martial promise of fidel- 

 ity, and can, therefore, have no carnal connection with any other woman with- 

 out a violation of his obligations. He is bound to govern his house properly; 

 he is liable for mismanagement, and he may be punished for keeping a dis- 

 orderly house, where his wife had the principal agency. 



Being the head of the family, the husband has a right to establish himself 

 ■wherever he may please ; in this he cannot be controlled by his wife; and he 

 may manage his affairs in his own way. He may make whatever contracts 

 may suit him, and acquire and sell property. The wife is bound to love her 

 husband, to be faithful to him, to do all in her power to promote their com- 

 mon interest. She is bound to follow him wherever he may desire to establish 



