This action can not be maintained, by the husband. The wife is entitled to recover and hold to her own use her separate property, real and personal, and also the rents, issues and profits derived from it. Agents appointed by her, whether before or subsequent to marriage must account with and pay to her what they hfive received, whether the income and profits accrued before or since the marriage. If this proposition did not sufficiently appear from the constitutional provision, it certainly does from the act entitled, “ marriage, and marriage contracts.” Bat. Rev., ch. 69. § 29, of which is in these words: “ The savings from the income of the separate estate of the wife, are her separate property. But no husband who, during the coverture, (the wife not being a free trader under this chapter) has received.without objection from his wife, the income of her separate estate, shall be liable to account for such receipt for any greater time than the' year next preceding the date of summons issued against him in an action for such income, or next preceding her death.” It is thus seen that the husband is liable to an action and account at the suit of his wife even when the income has been- received by him without objection by her, provided the action is begun and prosecuted as specified in the section.
The plaintiff alleges that his wife has in due form of law (Bat. Rev., ch. 69, §§ 18,19,20,) become a free trader. How that fact can help the plaintiff’s case, it is difficult to see. By a proper construction of § 29, before cited, where the wife is not a free trader, the husband’s liability is limited, but where she is a free trader his liability to account for her income received by him is unlimited except by the geueral law applicable to agents and other persons. If the wi.e has the right to make the husband account, he can not make her agents account to him and pay into his hands, income which she may immediately sue for and recover from the husband. • The plaintiff therefore has no concern *303with the judgment which the wife obtained in the action against her agent, Garibaldi. As the latter does not object, no other person can. See the other case of Manning v. Manning, ante, 293.
No error. Affirmed.