PECULIAR LAWS. 289 



rights disposes men to stubbornness in maintaining their 

 own opinions, even at the expense of actions at law. 

 To make law expensive is said to have the effect in 

 Europe of repressing such a spirit of litigation, and it is 

 argued that the cheapening and simplifying of the forms 

 of process will encourage a disposition already too mani 

 fest in North America. But if such an argument be 

 good in favour of a denial of justice, it ought to be so 

 also in favour of a denial of all those liberties which are 

 secured by a constitutional government. It is the argu 

 ment of Austria against Hungary, that to concede rights 

 leads to excesses, though the experience of other coun 

 tries shows that well-tempered rights can be so secured 

 as to repress the tendency to extremes which exists 

 alike in the minds of the ruler and the ruled. 



Among the laws of this State which arrest the atten 

 tion of a European as directly affecting the domestic and 

 social relations, are these two 



First, u That a married woman may take by inherit 

 ance, or by gift, devise, or bequest, from any person, other 

 than her husband, hold to her own separate use, and con 

 vey the same, whether real or personal property, in the 

 same manner, and with like effect, as if she was unmarried ; 

 and the same is not subject to the disposal of her hus 

 band, nor liable for his debts.&quot; And, 



Second, When a householder having a family becomes 

 bankrupt, a homestead, not exceeding 1000 dollars in 

 value, is exempted from execution ; and this exemption 

 continues after the death of the husband, until the 

 youngest child becomes t\venty-one years of age, and 

 till the death of the widow. It is not exempted, however, 

 from taxes, or from the payment of the purchase-money, 

 and it must be recorded in the clerk s office, when pur 

 chased, as designed for the homestead property. 



Similar laws have been passed in several of the other 



VOL. u. T 



