74 6 BARON and FEM E. 
if they apply for its a Hi fiance in recovering the wife’s for¬ 
tune, to make a proper prpvifion for !ier out of it. 2 Atk.- 
420. 1 P. Wins. 382. But, if the hu'iband 'actually aifi’gns 
either a truft term of his wife, or a tiling in action, for a 
valuable confideration, the court does not compel the af- 
fignee to make a provision for the wife. See 1 Pern. i€. 
Celt’s P. Wms. i. 459, where lord Thiirlow is reported to 
have laid in a cafe before hum “ that he did not find it'any 
where decided, that, if the hufoand makes an actual af- 
fignment by contract, for a valuable confideration, the af- 
iignee fhould be bound to make any-provilion for the wife; 
but, that a court of equity has much greater considera¬ 
tion, for an alignment actually made by contrail, than 
for an afiignment made by mere operation of law ; for, in 
this latter cafe, the creditor fhould be exactly in the cafe 
of the hufband, and fubjeit prebifely to th.e fame equity 
in favour of the wife.” 
4. But, notwithftanding the uniform and earneft folici- 
tnde of the courts of equity, to make kune provifion for 
the wife out of her fortune, in thofe cafes where the huf¬ 
band, or thofe claiming under him by aCf of law, cannot 
come at it, without the aflifiance of thofe.courts, ftill it 
does not appear that they have ever interfered to pre¬ 
vent its being paid the hufband, or to inhibit him fi>un 
recovering it at law. 2 Atk. 420. In Pre. Ch. 414, it is 
obferved, that, if the trufiees pay the wife’s fortune, it is 
without .remedy. 
5. Money due on mortgage is confidered as a thing in 
aftion. It feems to have been formerly tinderffood that, 
'as the hufband could not difpofe of lands mortgaged in 
fee, without the wife, the efiate, remaining in the wife, 
carried the money along with it to her and her reprefen- 
tatives; but that, as to the truft and abfolute power of a 
term of years, there was nothing to keep a mortgage debt, 
fecured by a term, from going to the hufband’s repreien- 
tatives: but this diftipblion no longer prevails ; and it is 
now held that, though in the cafe of a mortgage in fee, 
the legal fee of the lands in mortgage continues in the w ife, 
file is but a tnfftee, and the trull of the mortgage follows 
the property of the debt. 1 P. Wms. 458. 2 Atk. 207. 
6. If baron and feme have a decree for money in right 
of the feme, and then the baron dies, the benefit of the 
decree belongs to the feme, and not to the executor of 
the hufband. This, was certified by Hyde, Ch. J. and his 
certificate confirmed by lord chancellor. 1 Cka. Ca. 27. If 
the wife has a judgment, and it is extended upon an e'.egit, 
file hufband may affign it without a confideration. So, if 
a judgment be given in truft fora feme (ole, who marries, 
and by confent of her trufiees is in poflefficti of the land 
extended, the hufband may allign over the extended in- 
tereft ; and, by the fame reafon, if the feme has a decree, 
to hold and enjoy lands until a debt due to her is paid, and 
fhe is in pbffelTion of the land'under this decree, and mar¬ 
ries, the hufband may affign it'without any confideration, 
for it is in nature of an extent. 3 P. Wms. 200. 
7. If a leafe be conveyed by a feme foie, in truft for the 
life of herfelf, if fhe afterwards marries, it cannot be dif- 
pofed of by the hufband: if (be dies, he fhall not have 
it, but the executors of the wife;. March 44. 2 Vern 270. 
If a feme having a rent for life takes hufband, the baron 
(ball have action of debt for the rent incurred during the 
coverture, after the death of the feme. 1 Danv.^u). And 
arrears due in the lifetime of the hufband, after his death, 
fiiah furv'ive to the wife, if fhe outlives him, and her ad- 
miniftrators.after her death. 2 Lut. 11-51. A feme lclfee 
for life, rendering rent, takes hufband and dies, the ba¬ 
ron fhall be charged in atflion of debt for the rent which 
was grown due during the coverture, becauf’e he took the 
profits out of which the rent ought to illhe. Keilw. 125. 
Raym. 6. If a feme covert hies a woman in the fpiritual 
court for adultery with her hufband, and obtains a fen- 
tence again!! her, and cofts ; the hufband may releafe thefe 
cofts, for the marriage continues, and whatever accrues 
to the wife during the coverture belongs to the hufband; 
per Holt Ch. J. on motion for prohibition. 1 Salk. 115. 
But, if the hufband and wife be divorced a menfd & thoro , 
and the wife has her alimony, and hies for defamation or 
other injury, and there has cofts, and the hufband releafes 
them, this fhall not bar the wife, for thefe cofts come in 
lieu of what fhe hath (pent out of her alimony, which is 
a feparate maintenance, and not in the power of her huf¬ 
band. 3 Buljl. 264. 2 Rol. Abr. 293. 1 Salk: 115. If huf¬ 
band is attainted of felony, and pardoned on condition of 
tranfportation for life, and afterwards the wife becomes 
intirled to an orphanage (hare of perform! efiate, it fhall 
not belong to the hufband, but to the wife. 3 P. Wms. 37. 
Trinkets and jewels given to a wife before marriage, be¬ 
come the hufband’s agairi-by marriage, and are liable to 
his debts, if his perfonal efiate is not Sufficient. 2 Ath.io^. 
8. And, as the hufband 'may generally acquire a proper¬ 
ty bn all the perfonal fubftance of the wife, fo in one par¬ 
ticular infiance the wife may acquire a property in fome 
of her hufband’s goods, which,, fhall remain to her after 
his death, and not go to his executors. - Thefe are called 
her paraphernalia ; which is a term borrowed from the civil 
law, and is derived from the Greek, iignifying fomething 
over and above her dower. Our law ufes it to fignify the 
apparel and ornaments of the wife fuitable to her rank 
and degree ; and, therefore, even the jewels of a peerefs, 
ufualiy worn by her, have been held to be paraphernalia. 
Moor 213. Thefe fhe becomes entitled to at the death of 
her hufband, over and above her jointure or dower, and 
preferably to all other reprefentatives. 1 Ro. Ab. 911. 2 
Leon. 166. Neither can the hufband .devife by his will 
foch ornaments or jewels of his wife ; though, during his 
life, perhaps he hath power to fell or give them away. 
Nc.y's Max. c. 49. 2 Comm. 436. But, if fhe continue in 
the uie of them till his death, (lie fnall afterwards retain 
them againft his executors and adminiftrators, and'all other 
perfons except creditors,' where there is a deficiency of 
aftets. 1 P. Wms. 730. And her neceffary apparel is pro¬ 
tected even againft the claim of creditors. Nc.y’s Max. c. 49. 
V. Husband how far liable to a Wife’s 'Debts. — If 
a feme foie indebted takes hufband, her debt becomes that 
of the hufband and wife, and both are to be Cued for it; 
but the hufband is not liable after the death of the wife, 
unlefs there be a judgment againft both during the cover¬ 
ture. 1 Rol. Abr. 351. F. N. B. 120. Where there is judg¬ 
ment againft a .feme foie, who marries and dies, the ba¬ 
ron filial! not be charged therewith : though, if the judg¬ 
ment be had upon Jcire facias againft baron and feme, and 
then the feme dies, he fhall be charged. 3 Mod. 1S6. In 
action brought againft a feme foie, if, pending the adtion, 
fhe marries, this fhall not abate the aftion; but the plain¬ 
tiff may proceed to judgment and execution againft her, 
according as the aftion was commenced. 1 Lill. 217. And, 
if habeas corpus be brought to remove the caufe, the plain¬ 
tiff is to move for a procedendo on the return of the habeas 
corpus: al fio the court of B. R. may ref life it, where 
brought to abate a juft attion. 1 Salk. 8. In general, the 
hufband is fable to the wife’s debts, contracted before 
marriage, whether lie had any portion with her or not ; 
and this the law prefumes reafqnable, becaufe by the mar¬ 
riage the hufband acquires an abfolute intereft in the per¬ 
fonal efiate of the wife, and has the receipt of the rents 
and profits of her real efiate during coverture ; alio what¬ 
ever-accrues to her by her labour, or other wife, during the 
coverture, belongs to the hufband ; fo that, in favour of 
creditors, and that no perfon’s abt fhould prejudice ano¬ 
ther, the law makes the hufband liable to thofe debts-with 
which he took her attached. F. N. B. 265. 20 Hen. VI. 22. 
i Rol. Abr. 352. 3 Mod. 186. If baron and feme are fued 
on the wife’s bond, entered into by the feme before mar¬ 
riage, and judgment is bad thereupon, and the wife dies 
before execution, yet the hufband is liable ; for the judg¬ 
ment has altered the debt. 1 Sid. 337. If judgment be 
againft hufband and .wife, he dies, and fhe fnrvives, exe¬ 
cution may be againft her. 1 Rol. Abr. 890. Where a man 
marries a widow executrix, &c' her evidence fhall not be 
allowed to charge her i'eccnd hufband with more than,fhe 
can 
