Question 124. - (1) Mrs. Smith's maiden name was Mary Jones. She presents to a bank for payment a cheque payable to Mary Jones. Has she authority to endorse "Mary Jones"?

Are there any legal points involved in this case?

(2) If she holds mortgages must she have her name on these changed?

Answer. - (1) A cheque given to a married woman, drawn payable in her maiden name, is clearly her property, and she has a right to endorse it in her maiden name. It is customary in such cases, to have the endorsement made in some such way as this:

"Mary Jones, wife of John Smith.

Mary Smith."

There are no legal points involved. The question is purely one of identity.

(2) Mortgages taken in her maiden name are not affected by her marriage. There are different ways in which assignments and releases are drawn in such cases. She might, for example, be described in the document as "Mary Smith, wife of John Smith, etc., formerly known as Mary Jones, of the town of ...., Spinster."In this case, also, it is merely a question of making the identity clear.

Note. - By the law of the Province of Quebec, on and after marriage, if there is no ante-nuptial contract, the husband becomes vested with the sole right of administration of all the private property of his wife. A married woman therefore cannot validly pass the property in a cheque payable to her order without the authorization of her husband, except as against a drawer or endorser, who, under sections 130 and 133 of the Bills of Exchange Act, are precluded from questioning her right and capacity. (See C. C. Arts. 177 and 1298).