RIGHTS OF MARRIED WOMEN.

THE original common law of the country prohibited woman, after marriage, legally participating in any mercantile contracts or business wholly on her own account. The husband, by virtue of the marriage obligations, became possessed of the wife's property during her life, which was as absolutely under his control as if she had made a transfer of it to him. This life-possession or right in her property is called, in law, his tenancy by the courtesy.

For the more just and equitable adjustment of this most important subject, laws have been passed in nearly all the States in the Union, giving to a married woman the exclusive use and enjoyment of all property owned by her at marriage, and all which she acquired subsequently.

The following is a summary of the statutory laws, or the rights of married women, brought down to the latest period:

ALABAMA.-Married women cannot act as dealers in the purchase and sale of goods. Her real and personal property in this State, acquired before marriage, and all property to which she may be afterwards entitled by gift, grant, inheritance, or devise, shall not be liable for any debts, obligations and engagements of her husband, and may be devised or bequeathed by her as if she were a feme sole. A conveyance of the wife's separate estate may be made by the husband and wife jointly, signed in the presence of two witnesses, or acknowledged before any officer authorized to take the acknowledgment of deeds. She cannot mortgage her statutory separate estate.

ARKANSAS.-A married woman cannot make a contract that can be enforced in law. Family necessaries, supplied on the credit of her separate estate, can be made a charge upon such estate in chancery. By filing a schedule in the office of the Circuit Court of the County where they reside, she can secure her own estate to her cwn use, apart from the control and liabilities of her husband. Her property is not liable for debts of husband contracted before marriage-unless she intrusts it to the management or control of her husband otherwise than as her agent.

CALIFORNIA.—All the property of the wife, owned by her before marriage, or that acquired afterwards by gift, devise, or bequest, or descent with the rents, issues, and profits thereof, is her separate

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property. The wife may, without the consent of her husband, convey her separate property. All property owned by the husband before marriage, and that acquired by him afterwards in the ways mentioned above, is his separate property. All other property acquired after marriage by either or both is community property. The wife may make contracts concerning her separate property, but she cannot contract to pay money. The earnings of the wife are not liable for the debts of her husband. Her earnings, and those of her minor children living with her, while she lives separate from her husband, are her separate property. The husband has the management and control of the community property, with the like absolute power of disposition (other than testamentary) as he has of his separate estate. ther dower nor tenancy by the courtesy are allowed. A conveyance by a married woman has no validity unless acknowledged by her after first being made acquainted by the officer with the contents of the instrument on an examination without the hearing of her husband, and unless she thereupon acknowledges that she The separate property of the does not wish to retract the same. husband or wife is not liable for the debts of the other contracted before marriage, but the separate property of the wife is liable for her debts contracted before marriage. She can sue alone when the action concerns her separate property, and when living separate from her husband she may sue or be sued alone. She can make a will of her separate property without the consent of her husband.

She may

COLORADO.-Any married woman may bargain, sell, or convey her personal property, and enter into any contract in reference to the same as if she were sole, and may convey her real estate by uniting with her husband in the deed. She may sue and be sued in all matters having relation to her property, person, or reputation, in the same manner as if she were sole. make a will, but she cannot bequeath away from her husband more than one-half of her property without his consent in writing. If any married man deprives his wife of over one-half his property by will, she may, after his death, accept the conditions of such will or one-half of his whole estate. The husband is liable for the debts of the wife contracted before marriage, to the extent of the real and personal property he may receive with or through her, or derive from the sale or rent of her lands. The separate property of a married woman is not liable for the debts of her husband; this includes also presents or gifts from her husband, such as jewelry, table-ware, watches, money, &c.

CONNECTICUT.-A married woman may make a will, may join her husband in conveying real estate, may insure the life of any person, may transact business in her own name, and may make

bills and notes, joint or several. The separate property of a mar ried woman is not liable for the debts of her husband, and the husband's interest in her separate real estate cannot be taken during her life or the life of a child by their marriage. An express agreement to charge her separate estate may be enforced, and her estate alone is subject to execution for her torts or scparate contracts.

DELAWARE.-Females who marry after April 9, 1873, may hold real and personal property, which shall not be subject to her husband's debts or control. She may maintain action in her own name for personal labor; deposit money in her own name; defend and prosecute suits for the protection of her property; make contracts with respect to her own property, as if unmarried.

DISTRICT OF COLUMBIA.-Any married woman may contract and sue and be sued in her own name, in all matters relating to her sole and separate property, in the same manner as if she were unmarried; but neither her husband nor his property shall be bound by any such contract nor be liable for any recovery against her in any suit. Execution of judgment shall be enforced against her separate estate.

FLORIDA.-Married women can make written contract to charge their own estate only. For the protection of the wife's property from the marital rights of the husband, and the claims of his creditors, all the property which shall belong to the wife at the time of marriage, or which she may acquire by gift, &c., shall be inventoried and recorded in the Circuit Court Clerk's office of the County in which such property is situated, within six months after marriage, or after the property shall be acquired by her. They have no separate legal existence in matters of business.

GEORGIA.-All property of the wife in possession at the time of marriage or afterwards acquired by her is her separate property, and not liable for the payment of any debts, defaults, or contracts of the husband. The wife may act as attorney and agent for the husband.

ILLINOIS.--By a recent decision of the Supreme Court of Illinois, a married woman is not liable in an action at law on contracts, and can only be recovered against her in chancery, although she may sue and recover at common law. She cannot enter into copartnership business without the assent of her husband. Neither is liable for the debts of the other, either before or after marriage.

INDIANA.-A married woman cannot make a valid exccutory contract, and is not personally liable for any debt she may contract during coverture. Her real estate is not liable for the debts

of her husband. She may devise by will her real and personal property, but cannot bind her separate estate by signing a promissory note as surety for her husband. The only way she or her property ordinarily can be made liable is by mortgage.

IOWA. The real and personal property of a married woman acquired by descent, purchase, or gift, is perfect in her own right. The husband or wife is liable for the debts or liabilities of the other incurred before marriage. They are not liable for the separate debts of the other, nor are the wages, earnings, or property of either, nor is the rent or income of such property liable for the separate debts of the other. Contracts may be made by a wife and liabilities incurred, and the same enforced by or against her, to the same extent and in the same manner as it she were unmarried.

KANSAS.-A married woman, while the marriage relation subsists, may bargain, sell, and convey her real and personal property, and enter into any contract with reference to the same in the same manner, to the same extent, and with like effect as a married man may in relation to his real and personal property; she may alone carry on any trade or business, and perform any labor or services on her sole and separate account, and the earnings of any married woman, from her trade, business, or labor, or services, shall be her sole and separate property, and may be used and invested by her in her own name.

KENTUCKY.-Contracts of married women are null, except where exceptions are made by statute. By statute the Chancery Court and the equity side of the various Circuit Courts are au thorized, upon application made by both husband and wife, and due application to all creditors, to grant such married women the authority to sue and be sued and in all matters of business to act as an unmarried woman. The wife is entitled to a dower of one-third of the real estate upon the death of her husband, during her life-time.

LOUISIANA.-All married women, over twenty-one years of age, may, by and with the authorization of their husbands, borrow money or contract debts for their separate benefit and advantage, and to secure the same grant mortgages or other securities affecting their separate estate, paraphernal, or dotal: Provided, it is done under due forms of law. These forms consist of her submitting, separate and apart from her husband, to an examination by the judge of her district or parish touching the object for which the money is borrowed or debt contracted. If the judge is satisfied the money to be borrowed or debt contracted is solely for her separate advantage or for the benefit of her separate and dotal property, he shall furnish her a due certificate, which shall be sufficient authority to a notary for draw

ing up an act of mortgage or other act necessary. A married woman cannot sue without the authorization of her husband, though she be a public merchant trading separate from him, unless she has obtained a separation from bed and board by virtue of a judgment duly executed, or has been regularly divorced. The wife, even separate in estate, cannot alienate, grant, or acquire, either by gratuitous or incumbered title, unless her husband concurs in the act or yields his consent in writing, or by authorization of the judge.

MAINE. Married women may own, buy, and sell property of all kinds in their own right and name, may transact business, and sue and be sued as if single. A married woman's property is not liable for the debts of her husband, nor is he liable for her debts contracted before marriage. No action will lie between man and wife except for divorce.

MARYLAND.-Contracts of married women are generally invalid at law, unless she has taken out license in her own name as a trader. A married woman is allowed to trade as a feme sole. She may bind her separate property; the remedy is in equity. The remedy against her in the law courts, where she acts as a trader, is by attachment, or the creditor may pursue his remedy in equity at his option.

MASSACHUSETTS.-A married woman may bargain, sell, and convey her separate real and personal property, enter into any contracts with reference to the same, carry on any trade or business, and perform any labor or services on her sole and separate account, and sue and be sued in all matters having reference to her separate property, business, trade, services, labor, and earnings, in the same manner as if she were sole. But no conveyance by her of shares in a corporation, or of any real property, except a lease for a term not exceeding one year, and a release of dower executed subsequently to a conveyance of the estate of her husband, shall be valid without the consent of her husband in writing, or his joining with her in the conveyance, or the consent of one of the judges of the Supreme Judicial Court, Superior Court, or Probate Court, granted on her petition in any county, on account of the sickness, insanity, or absence from the State of her husband, or other good cause; and the husband, if within the State, shall have such notice of the petition as the judge may order. The contracts made by a married woman in respect to her separate property, trade, business, labor, or services, shall not be binding on her husband, nor render him or his property liable therefor; but she and her separate property shall be liable for such contracts in the same manner as if she were sole. any married woman doing or proposing to do business on her separate account shall file in the clerk's office of the city or town

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