\.\L> AND WIFE HUSS. 



_ Mt be afected. So that, after all, thir civU 

 UtBtfcT vt UM hatband and wife, as to the posseaskm, 

 Me. control and apphcalion of the wife's prop? rty, 

 or to tocomo, is mrrrly nominal, since the law per- 

 aiHi |o be done in the name of another what it does 

 Mt permit in her own. And, whew there are o.urLs 

 Btanlbned with sufficient powers to give suitable 

 i in regard to such contracts (as there ought, 

 "r. to be every where), any pro\ ision- and 

 17 be agreed upon between the parties, 

 a* to any property already existing. Such contracts 

 are, however, collateral to that of marriage; for the 

 law will by no means allow of any conditions or 

 modmcaUom to the contract itself. 



In countries where the civil institutions are bor- 

 rowed from the Roman law, as has already been 

 aid, the conjugal bond, of its own force, and accord- 

 ing to the general laws, independently of any express 

 stipulations of the narties between themselves, or of 

 the intervention of any third parties, gives rise to a 

 nt set of relations and rights. To take 



the French code, for an example, without going into 

 an inquiry how far the laws ot other countries, deriv- 

 ed from the same source, coincide with that code in 

 minor details and provisions, there are two descrip- 

 tions of marriage contract, as far as the property of 

 the parties is concerned, both of which, however, 

 contemplate the rights of property of the parties as 

 distinct. By one form of the marriage contract, 

 the husband and wife become partners ; by the 

 other, their rights of property continue distinct, 

 notwithstanding the marriage. In case of no stipula- 

 tion, a community of goods will, by the operation of 

 law, result from the marriage ; so that a special 

 agreement is requisite, in order to maintain a separate 

 property in each party ; and this is called a dotal 

 marriage, or one in which the wife's dot, or portion, 

 is regarded as a distinct property. If the marriage 

 H intended to be a dotal one, it must be so expressed, 

 in a formal instrument, drawn up before a notary 

 public; and thus the same object is effected, which, 

 under the jurisdiction of the common law of England, 

 can be secured only by the interposition of a third 

 party, and a set of minute and elaborate provisions, 

 creating a trust. The French code does not, how- 

 ever, any more than the English common law, permit 

 any conditions or modifications to be introduced into 

 the marriage contract itself, which makes the personal 

 rights of die parties the same throughout the king- 

 dom ; and, in respect to the rights to property, and 

 hs possession and use, it docs not, like the English 

 common law, affect at all to consider the parties as 

 identified. This community of goods extends to all 

 the movable property of the parties, possessed at the 

 time of the marriage, and to all that is acquired by 

 them during the continuance of the conjugal relation, 

 at well what accrues from their industry, and the use 

 of their property, as that which comes by descent or 

 donation, unless the donation is upon other conditions 

 prescribed on the part of the donor ; but, on the dis- 

 solution of the partnership, or community of goods 

 and interests, whether by the death of one of tlie 

 parties, or otherwise, a division is made between 

 them, or between the survivor and the heirs of the 

 deceaatd partner, as in the case of an ordinary part- 

 nership ; but, if the marriage is dotal, the wife's por- 

 tion, or its value, will continue to be her separate 

 P rp P frt T; but still, unless it be otherwise agreed, the 

 UMgement and income of it will belong to the 

 band, who h not obliged to give nny sureties for 

 its proper management of the trust, unless it shall 

 t to stipulated by the parties. If this separate 

 wopem consists of lands, neither the husband alone, 

 th parties concurring, ran dispose of it during 

 we marriage. In general, thn separate property, or 



its value, must eventually, on the dissolution of tbo 

 marriage, like the wife's share in the partnership 

 funds in tlie ciise of community of property, f;0 to the 

 wife, or her representatives. There are, however, 

 . 1 1 1. mi fuses in which a parlor tlie whole of the capi- 

 tal, of which the portion consists, may be alienated 

 during the marriage ; as, for instance, to obtain the 

 release of tlie husband from prison, to supply the 

 means of support to the family, and in a few other 

 specified cases ; but in general, it is to remain the 

 separate property of the wife, and, as such, whether 

 it consists of personal or real estate, descends to her 

 heirs. 



HUSKISSON, WILLIAM, the right honourable, a 

 political character of the present century, who dis- 

 tinguished himself chiefly in matters of finance and 

 the commercial relations of the country, was born in 

 1769, and sent to Paris, while quite young, to study 

 anatomy and medicine. On tlie breaking out of the 

 French revolution, he was warmly disposed to the 

 liberal side of the question, and was an active mem- 

 ber of tlie London corresponding society, though 

 not, as has been said, of the Jacobin club at Paris. 

 He was soon after, however, introduced to the 

 notice and favour of Mr Pitt, and, in 1796, was 

 placed in the office of Mr Dundas (lord Melville), 

 then secretary of the home department. In 1801 , he 

 was appointed receiver-general of the duchy of Lan- 

 caster, and a commissioner of trade and plantations. 

 He soon after entered parliament as member for 

 Morpeth. Here Mr Huskisson did not speak much, 

 but was very useful to the ministry in financial mat- 

 ters, both in parliament and in preparing papers. 

 When Mr Canning's difference with lord Castlereagh 

 induced him to leave the ministry (1809), Mr Hus- 

 kisson retired with him, and in subsequent debates 

 it soon appeared that a third party existed in the 

 house, agreeing with the ministry on questions of 

 general policy, but joining the opposition in demand, 

 ing retrenchment in the public expenditure. On the 

 appointment, of Mr Canning to the foreign secretari- 

 ship, Mr Huskisson entered the cabinet with him as 

 president of the board of trade. In the Goderich 

 ministry, he became secretary for the colonies, and 

 retained that post in the Wellington ministry, com- 

 posed of the warm enemies of his late friend, Mr 

 Canning ; but it was soon apparent that no cordial 

 co-operation could take place between men of such 

 opposite principles, and Mr Huskisson and his friends 

 were soon obliged to withdraw. His death took 

 place Sept. 15, 1830. Being present at the celebra- 

 tion on the opening of the Liverpool and Manchester 

 railway, he came inadvertently in the course of one 

 of the steam-carriages, moving at a rapid rate, which 

 passed over him, and crushed one of his legs in con- 

 sequence of which he died next day. 



HUSS, HUSSITES. John Huss was born in 1373, 

 at Hussinez, near Prachatiz, in Bohemia, whence he 

 acquired the name of Huss, or John of Hussinez, 

 In 1389, he was sent, by his feudal lord and some 

 other patrons, to the university of Prague, where he 

 was distinguished for his talents and industry. Hav- 

 ing become the servitor of a professor, to whose 

 library he thereby had access, he had an opportunity 

 of acquiring a degree of theological information, 

 ivhich, for that age, was remarkable. In 1396, he 

 took the degree of master of arts, and, in 1398, 

 delivered public theological and philosophical lec- 

 tures. In 1402, the office of Bohemian preacher in 

 the Bethlehem chapel at Prague, which was estab- 

 lished by a private foundation, was conferred on him. 

 Here he began to acquire influence over the people, 

 with whom, as well as with the students, his sermons 

 were very popular ; and, being soon after made con- 

 fessor to the queen Sophia, he thus gained access to 



