property not derived from him, which she may have lawfully acquired or possess, nor of the custody of any infant child. SEC. 7. If, however, upon petition of her late husband to the supreme court, in the county where she resides, served upon her by copy, thirty days at least before the sitting of the court, and setting forth substantially the whole subject-matter of complaint against her, it shall be made to appear by evidence that she is not a person of good moral character, suitable to have charge of her children, the court may in its discretion, having regard to the well being of the infant, order its custody to be changed. SEC. 8. The supreme court, upon application of any such woman, either before or after said divorce, on her giving satisfactory evidence of her having resided one year in this state next before said application separate from her husband, and without being supported by him, may appoint a guardian of the person and estate of said children, in the same manner that courts of probate are now authorized to appoint guardians of minors. CHAPTER 136. OF THE PROPERTY OF MARRIED WOMEN, AND OF THE DISPOSITION OF THE SAME. SECTION 1. Property of married woman, how far secured to her separate use. 2. Proceeds of sale of her property, how far secured. 3. Receipt by husband of her rents and profits, when a discharge; and of receipt of wife. 4 and 5. Deed conveying personal property of wife, how to be executed. 6. Deed conveying real property of wife, how to be executed. 7. Wife's acknowledgment of such deed, how taken. 8. Of effect of wife's refusal to acknowledge. 9. Power of attorney of wife to convey, how acknowledged. SECTION 12. Of wills of married women. 13. Husband's right by curtesy, and to administer, saved. 14. Property of married women liable for their debts. 15. Actions in relation to property of mar- 16. Effect of recovery in such actions. 18. Trustees of, how removed. 19. Effect of preceding sections, how limited. 20. Life policy for benefit of married woman, when valid and how sued. 21. Of trustee of interest of woman in such policy. 10 and 11. Dower of wife, by what con- 22. Of descent of real estate of female veyances barred. citizen married to an alien. SECTION 1. The real estate, chattels real, and personal estate which are the property of any woman before marriage, or which may become the property of any woman after marriage, or which may be acquired by her own industry, shall be so far secured to her sole and separate use, that the same, and the rents, profits and income thereof, shall not be liable to be attached, or in any way taken for the debts of the husband, either before or after his death; and upon the death of the husband in the lifetime of the wife, shall be and remain her sole and separate property. SEC. 2. In case of the sale of any such property, the proceeds of such sale, or any part of the same, may be invested in the name of the wife in any property, and be secured to and holden by the wife in the same manner and with the same rights and effect as the property sold. SEC. 3. The receipt or discharge of the husband for the rents and profits of such property, shall be a sufficient receipt or discharge therefor, unless previous notice in writing shall be given by the wife to the lessee, debtor or incorporated company, from whom such rents or profits are payable; in which case the sole and separate receipt or discharge of the wife shall alone be a sufficient receipt and discharge therefor, and the receipt of the wife shall, in all cases be a sufficient discharge for the payment or delivery to her, of her own property. SEC. 4. The chattels real, household furniture, plate, jewels, stock or shares in the capital stock of any incorporated company, money on deposit in any savings bank or institution for savings, with the interest thereon, or debts secured by mortgage on property, which are the property of any woman, before marriage, or which may become the property of any woman after marriage, shall not be sold, leased or conveyed by the husband, unless by deed, in which the wife shall join as grantor; which deed shall be acknowledged in the manner hereinafter provided for the conveyance of the real estate of married women. SEC. 5. Any married woman may sell and convey any of her personal estate other than that described in the next preceding section, in the same manner as if she were single and unmarried; and may make contracts respecting the sale and conveyance thereof, with the same effect, and with the same rights, remedies and liabilities as if such contracts had been made before marriage; but nothing in this section shall be construed to authorize any married woman to transact business as a trader. SEC. 6. Where the husband and wife being of lawful age are seized of any lands, tenements or other real estate in the right of the wife, they shall be authorized to convey the same by deed or other instrument in writing, signed, sealed and delivered by them respectively. SEC. 7. In every such case the wife acknowledging such deed or instrument shall be examined privily and apart from her husband; and shall declare to the officer taking such acknowledgment, that the deed or instrument shown and explained to her by such magistrate is her voluntary act, and that she doth not wish to retract the same. SEC. 8. If the wife on such privy examination shall refuse to make such acknowledgment, the deed or other instrument executed by the husband and the wife as aforesaid, shall not operate to convey to the grantee named in such deed or instrument, any other or greater estate in the premises described in such deed than what belongs to the husband. SEC. 9. If such deed, or any deed affecting her right of dower in any estate of her husband during his life, be executed by attorney of the wife, the letter of attorney shall be executed and acknowledged with like formalities as are required in the execution and acknowledgment of a deed by a husband and wife of an estate held in the right of the wife. SEC. 10. A married woman may bar her right of dower in any estate conveyed by her husband by joining with him in the deed conveying the same, and therein releasing her claim to dower; or by releasing the same by subsequent deed jointly with her husband, or by joining in a deed given by a guardian of her husband. SEC. 11. She may also bar her right of dower in any estate in which the interest of her husband has been before conveyed, by a deed thereof executed by her in the presence of two witnesses, and acknowledged by her after a separate examination and an explanation of the deed to her, in the same manner as is required by law for a conveyance of real estate owned by her in her own right. SEC. 12. Any married woman of sane mind, and of twenty-one years of age and upwards, may dispose of her real estate, or any portion of the same, and being of the age of eighteen years and upwards, may dispose of her personal estate, or any portion of the same, by last will and testament, executed in the manner in which other wills are required to be executed, for disposition of like property. SEC. 13. The right of the husband in the real estate of the wife as tenant by the curtesy, and his right to administer without account upon her personal estate not disposed of by her last will and testament, shall not be impaired by the provisions of this chapter; nor shall any thing herein contained authorize him to give unto, or settle any of his property upon his wife, in any other manner or with any other effect than is by general law allowed. SEC. 14. The property secured to any married woman by this chapter shall be liable to attachment or levy for her debts, contracted before marriage, and for her liabilities on such contracts as she is authorized to make by the fifth section of this chapter, under the same circumstances, and with the same effect, as if she had continued sole and unmarried; and nothing in this chapter contained shall be construed to impair any lien or right of lien thereon, or any remedy by law provided for the enforcement thereof. SEC. 15. In all actions relating to the property of any married woman secured to her by this chapter, the husband and wife shall jointly sue and be sued, except in case a trustee of the same be appointed as hereinafter provided, and except in actions upon such contracts as she is authorized to make by the fifth section of this chapter, in which last case the wife may sue and be sued alone. SEC. 16. In case of recovery by any husband and wife, or wife, in any such action, the amount recovered may be invested in the name of the wife, in any property, with the same rights and effect as if the same had remained in the possession of the wife, whether the right of action accrued before or after marriage; and all such actions and rights of action shall survive the death of either husband or wife. SEC. 17. The supreme court may, upon petition in equity by any married woman, filed by her through her next friend, appoint a trustee or trustees of her property, who shall be empowered, in his or their own name or names, as trustee or trustees, to sue for, recover and hold such property, to the uses by law provided; said trust to continue during the coverture of such married woman, unless by order of said court sooner determined. SEC. 18. Said court shall have power to remove such trustee or trustees and to appoint others in their stead, as in case of other trusts. SEC. 19. Nothing in the preceding sections of this chapter shall be construed to deprive any husband of rights acquired by him over the property of his wife prior to the time when the digest of 1844 went into operation. SEC. 20. Any policy of insurance, the annual premium upon which shall not exceed the sum of three hundred dollars, made by an insurance company on the life of any person, and expressed to be for the benefit of a married woman, whether the same be effected by herself or by her husband, or by any other person on her behalf, shall enure to her separate use and benefit and that of her children, if any, independently of her husband and of his creditors and representatives, and also independently of any other person effecting the same on her behalf, his creditors and representatives, and such policy may be sued in the name of the person beneficially interested therein, or in the name of the representative of such person. SEC. 21. A trustee or trustees may be appointed by any court authorized to appoint trustees, to hold and manage the interest of any married woman in any such policy or the proceeds thereof. SEC. 22. Real estate in this state now belonging to, or hereafter coming, or descending to any woman born in the United States, or who has been otherwise a citizen thereof, shall upon her death, notwithstanding her marriage with an alien, and residence in a foreign country, descend to her lawful children of such marriage, if any, and their descendants, in like manner and with like effect, as if such children or their descendants were native born or naturalized citizens of the United States. SECTION 1. Divorces from the bond of marriage shall be decreed in case of any marriage originally void or voidable by law; and in case either party is for crime deemed to be or treated as if civilly dead, or from absence or other circumstances may be presumed to be naturally dead. SEC. 2. They shall also be decreed for impotency, adultery, extreme cruelty, wilful desertion for five years of either of the parties, or for such desertion for a shorter period of time in the discretion of the court, for continued drunkenness, for neglect or refusal on the part of the husband, being of sufficient ability, to provide necessaries for the subsistence of his wife; and for any other gross misbehavior and wickedness in either of the parties, repugnant to and in violation of the marriage covenant. SEC. 3. When it shall appear that the absence, adultery, cruelty, desertion or other cause of complaint as aforesaid, was committed or occasioned by the collusion of the parties, and done or contrived with an intention to procure a divorce, in such case no divorce shall be decreed. SEC. 4. When a divorce shall be had for the causes of affinity, consanguinity, impotency, idiocy, lunacy or crime of either of the parties, the wife shall have restored to her all her lands, tenements and hereditaments; and a judgment may be passed for a restoration to her of all or such part of the personal estate specifically, or the value thereof, which has come to the husband's hands by virtue of the marriage, as the court from the circumstances of the case shall deem equitable. SEC. 5. When the divorce shall be occasioned by adultery, or other of the causes aforesaid done or committed on the part of the wife, the husband shall hold the personal estate not secured to her by law, forever, and her real estate not secured to her by law, during his natural life, in case they have had issue born alive of her body during the marriage, otherwise during her natural life only, if he shall survive her. SEC. 6. The court may, in such case, allow the wife for her subsistence, so much of her real and personal estate as they shall deem necessary or proper. |