separate estate of either husband or wife shall be deemed common property, unless in the case of the separate property of the wife, it shall be provided by the terms of the instrument whereby such property may have been bequeathed, devised, or given to her, that the rents and profits thereof shall be applied to her sole and separate use; in which case, the entire management and disposal of the rents and profits of such property shall belong to the wife, and shall not be liable for the debts of the husband.

10. No estate shall be allowed to the husband as tenant by courtesy upon the decease of his wife, nor any estate in dower be allowed to the wife upon the decease of her husband.

11. Upon the dissolution of the community by the death of either husband or wife, one-half of the common property shall go to the survivor, and the other half to the descendants of the deceased husband or wife, subject to the payment of the debts of the deceased. If there be no descendants of the deceased husband or wife, the whole shall go to the survivor, subject to such payment.

12. The act of April 14, 1857,' amending the act defining the rights of husband and wife, provides as follows: In case of the dissolution of the marriage, by decree of any court of competent jurisdiction, the common property shall be equally divided between the parties, and the court granting the decree shall make such order for the division of the common property, or the sale and equal distribution of the proceeds thereof, as the nature of the case may require; provided, that when such decree of divorce is rendered on the ground of adultery, or extreme cruelty, the party found guilty thereof shall only be entitled to such portion of the common property as the court granting the decree, may, in its discretion, from the facts of the case, deem just, and allow; and such allowance shall be subject to revision on appeal in all respects, including the exercise of discretion by the court below.

13. The separate property of the husband shall not be liable for the debts of the wife contracted before the marriage, but the separate property of the wife shall be and continue liable for all such debts.

14. In every marriage hereafter contracted in this state, the

1 Wood's Dig. p. 488.

rights of husband and wife shall be governed by this act, unless there is a marriage contract, containing stipulations contrary thereto.

15. The rights of husband and wife, married in this state prior to the passage of this act, or married out of this state, but who shall reside and acquire property herein, shall also be determined by the provisions of this act, with respect to such property as shall be hereafter acquired, unless so far as such provision may be in conflict with the stipulations of any marriage contract.

16. All marriage contracts shall be in writing, and executed and acknowledged or proved, in like manner as a conveyance of land is required to be executed and acknowledged or proved.

17. When a marriage contract shall be acknowledged or proved, it shall be recorded in the office of the recorder of the county in which the parties reside, and also in the office of the recorder of every county in which any real estate may be situated, which is conveyed or affected by such marriage contract.

18. When any marriage contract is deposited in the recorder's office for record, it shall, as to all property affected thereby, in the county where the same is deposited, impart full notice to all persons of the contents thereof.

19. No marriage contract shall be valid, or affect any property, except between the parties thereto, until it shall be deposited for record with the recorder of the county where the parties reside, and, if it relates to real estate in other counties, with the recorder of the county wherein such property is situated.

20. A minor, capable of contracting matrimony, may enter into a marriage contract, and the same shall be as valid as if he was of full age; provided, it be assented to, in writing, by the person or persons whose consent is necessary to his marriage,

21. A marriage contract may be altered at any time before the celebration of the marriage, but not afterward.

22. The parties to any marriage contract shall enter into no agreement, the object of which shall be to alter the legal order of descent, either with respect to themselves in what concerns the inheritance of their children or posterity, or with respect to their children between themselves, nor derogate from the rights given by law to the husband, as to the head of the family, or to the surviving husband or wife, as the guardian of their children. 23. No stipulation of any marriage contract shall be valid,

which shall derogate from the rights given by law to the husband, over the persons of his wife and children, or which belong to the husband, as the head of the family, or to the surviving husband or wife, as the guardian of their children.

THE RIGHT OF MARRIED WOMEN TO ACT AS SOLE TRADERS.

By the act of April 12, 1852, "to authorize married women to transact business in their own name, as sole traders," it is provided as follows:

1. Married women shall have the right to carry on and transact business under their own name, and on their own account, by complying with the regulations prescribed in this act.

2. Any married woman residing within this state, desirous to avail herself of the benefit of this act, shall make a declaration before a notary public, or other person authorized to take acknowledgments of deeds, that she intends to carry on business in her own name, and on her own account, specifically setting forth in her declaration, the nature of the business, trade, profession, or art; and from that date she shall be individually responsible in her own name, for all debts contracted by her on account of her said trade, business, profession or art; said declaration shall be recorded in the office of the county recorder, in the county where said business, trade, profession or art is to be carried on or practised, and also to be advertised in some public newspaper of general circulation in said county for three successive weeks, and if any newspaper be published in said county, said publication shall be made in the paper so published in said county.

3. After the declaration has been duly made and recorded, as provided in the second section of this act, the person so making her declaration as aforesaid, shall be entitled to carry on said business, trade, profession or art, in her own name, and the property, revenue, moneys, and debts and credits, so invested, shall belong exclusively to said married woman, and shall not be liable for any of the debts of her husband, and said married woman shall be allowed all the privileges, and be liable to all the legal processes now or hereafter provided by law against debtors and creditors.

1 Wood's Dig. p. 489.

4. Any married woman availing herself of the benefit of this act, shall be responsible for the maintenance of her children.

5. No married woman shall commence or carry on business on her own account, under the provisions of this act, when the amount originally invested in said business is more than five thousand dollars, unless the declaration provided for in section second, contain also a statement under oath, that the surplus of money above five thousand dollars, invested in said business, did not come from any funds belonging to her husband.

6. The husband of the wife availing herself of the benefit of this act, shall not be responsible for any debts contracted by her in the course of the said business, without the special consent of her husband, given in writing, nor shall his separate property be taken on execution, for any debts contracted by her.

THE POWER OF, MARRIED WOMEN TO CONVEY REAL ESTATE.

By an act, passed February 14th, 1855, "to authorize married women to convey real estate held in their own right," it is pro

vided as follows:

1. That a married woman of legal age, shall have power to convey and transfer lands, or any estate or interest therein, vested in or held by her in her own right, as fully and perfectly as she might or could do if single or unmarried; provided, the husband of such married woman be not, and for one year next preceding the execution of the instrument of conveyance by the wife, has not been bona fide residing in this state.

2. The execution of an instrument of conveyance by a married woman, independent of her husband, as provided in the preceding section, shall be acknowledged before the district judge of the county in which the lands described in the conveyance are located, and the judge taking such acknowledgment, shall, before he certify the same, be satisfied by the oaths of at least two credible disinterested citizens of this state, that the husband of such married woman does not, and for one year next preceding the day of acknowledgment, has not resided in this state, which fact, and the names of the witnesses by whom the same was proved, shall be recited in the certificate of acknowledgment.

1 Wood's Dig. p. 490.

See chapter on ACKNOWLEDGMENTS, also, on HOMESTEAD.

In reference to the power of married women to make wills, see chapter on WILLS.

INSURANCE OF LIVES FOR THE BENEFIT OF MARRIED WOMEN.

By the act of May 11th, 1854, "in respect to insurance for lives for the benefit of married women," it is provided as follows:

1. It shall be lawful for any married woman, by herself or in her name, or in the name of any third person, with his assent as her trustee, to cause to be insured for her sole use, the life of her husband, for any definite period, or for the term of his natural life; and in case of her surviving her husband, the sum or net amount of the insurance becoming due and payable by the terms of the insurance, shall be payable to her, to and for her own use, free from the claim of the representatives of her husband, or his creditors; but such exemption shall not apply where the amount of the premium annually paid shall exceed three hundred dollars.

2. In case of the death of the wife before the decease of her husband, the amount of the insurance may be made payable to her children, and shall be received by them; or, if under age, by their legal guardian, for their use.

OF DIVORCES.

By the act of March 25, 1851, "concerning divorces," it is provided as follows:

1. The several district courts of this state, within their respective districts, shall have exclusive jurisdiction to grant a divorce from bed and board, and from the bonds of matrimony.

2. Divorces may be granted from bed and board, or from the bonds of matrimony.

3. No person shall be allowed to apply for a divorce under the provisions of this act, who has not been a resident of this state for a period of six months immediately preceding such application.

4. (Amendment of April 1st, 1853.) Divorces from bed and board, or from the bonds of matrimony, may be granted: 1. For