783 



WOMKN. 



trades, subject ti the laws prohibiting child labor, ami 

 iiu- very L'eneially admitted into labor organizations, 

 but are Hut I'ouml at ihe stock exchange. Female chil- 

 dren may be buuml out or auprenttoeu to It-am a Made 

 or as dome.-tic scnant.- by their guardians, pal- 

 it' paupers by tin' town or municip.d authoiiiies. 



family l{i</ltts. A girl generally I age at 



twenty-one ; but in .some of the Stairs, as in Vermont, 

 blie Is of age at eighteen, or. as in Milne pails of the 

 I'niled Stales, at tin- time of maniage. provided the 

 marriage takes place before she arrives at (lie regularly 

 .iieii age of legal majority. She. however, arrives 

 ut the age of consent so as In lie eajiable of committing 

 criu.f at from twelve to sixteen years, and may at this 

 age generally contract a valid marriage although in 

 many of the States to marry a girl who is a minor 

 without the consent of her parents or guardians is a 

 ini.-demeanor punishable with fine and imprisonment. 

 In Ijoitisiana marriage is a partnership in which there 

 is community of interests. In all the other States 

 Marriage is a civil contract, regulated and controlled 

 by the law of the State in which the parlies reside, 

 and may generally IK; solemni/.ed by a clergyman or by 

 u justice of the peace, or other civil nia'/i.-trate. In 

 New York, Pennsylvania, and some other 

 contract may become completed by any snfiicient words 

 or form cho.cn by the parties in the present, t: use.. 



The leval disabilities of married women, arising un- 

 der the (ominon law legal merger of t ho wife's indi- 

 viduality in that it her husband, \vlio thereby be -nines 

 the head of the r.oii.'e and family, obtains in MUNI- of 

 the States so that a married woman may not make a 

 valid contract except as to her own estate. In Ohio, 

 .'ia, Nebraska, and Wyoming, in con- 

 H'qui-nee of this inability In contract, a married woman 

 way not act as an administratrix. These disabilities 

 arc gradually being superseded by a general rceo"ni 

 lion of a reciprocity of duties and a joint tenancy in 

 rights and responsibilities in the warned relation, so 

 that in many States married women may make eon 

 and enforce them by 1 ;r:i\ action ; also are liable 

 on their ante- and po. t-nuptial emit i 



In the 1!;:. h in StOtflfl a married woman is entitled to 

 i and honor from her children, but generally is 

 not cut ill. d to their custody nor Ixmnd for their main- 

 tenance and education, unics she has a separate es- 

 nd the j'.ilhcr is unable to support tliei.i. On 

 ling a widow (he mother is invesicu with full 

 parental authority, i.- bound lor their support and en- 

 titled to their earnings. 



In the newer \V< st< rn Slates the more liberal law is 

 that the lather and mother have equal parental rights, 

 duties, conn-ill, and custody of their legitimate children, 

 Mild in all of the Stale.-, in case of a separation 

 parents, the custody of their children is determined by 

 the court, bavin.' ivlen in-e only to the welfare of the 

 child and the ability of tin- parents, which provision 

 may be inserted, in ca-e there is, a judicial separation. 

 in the 'li-' d <!'< partition. 



An unmarried Woman has nil the rights and duties 

 of parental control of an illegitimate child, and may 

 inherit from and transmit property by tli:- law- ol de 

 scent throiiL'h said child. Female heirs in the I'nited 

 are under no disability as to their intestate sue- 

 -tute, as in Kngland, but their ri-rhl to 

 administration is in some States postponed in favor 

 of iin older male heir. 



ManiaL-e may lie dissulved by the law of the State 

 in wliieh the parties roide. or by the law of th- 

 in which the husband has his domicile, or in that 

 where the wife has acquired a legitimate resi deuce and 

 citizenship, and is the libellatll in the ease, for e.m-es 

 d b\ the laws of tin- M-\.-ral Slates. lint very 

 lly desertion, cruel and barbarous treatment, 

 vantmi indiirnilics to (he person too treat to be en- 

 duicd, adultery, imprisonment for three year*, and 

 conviction of an ignominious crime are grounds upon 

 which to found a proceeding ia divorce, subject to the 



,n the State in which the action in 

 brought. In llii. pniei i-iiin^ the huskind and wife 

 stand U|Min an ei|ii:dii\ , the husband IH in:' nunpcllid 

 to furnish the wile with conn. 



dining the penileney of the suit if sli Hifli- 



ci' ni sepal A \\nm:in may not tcsiily to 



any eonlideiitial eoiiiniuii: f h< r husband, nor 



ii.-t her hutiuand, nor the husbai: . his 



wile. Hide.-.- ill casi ul a ! 'lllCr 



can t wife lie sued by her hosband for her i!t cm- 

 mitteil during i-ov< rturc niili.-s in a proci iding in the 

 nature of a divoree. 



Married Women may maintain an action of -landi r 

 n.-t their husbands. 'I'hcy may also inaiiiiaiii nn 

 n against their husbands upon an anti-nuptial 

 contract, in which the husband ahnnjaud bis marital 

 rights under the statute law in consideration of mar- 

 ueh contract b< ing good as 1 I-I\M < n il.e parlies. 

 Married women may not be arrested or ini| i 

 for del t in any Stall-, but may be impri-eneil Im- con- 

 tempt of court. They are generally liable for their 

 torts, and nil women, married i 



the ciiminal law of tin- State to the full penally ol the 

 law. even though that be death. AVonnn may main- 

 tain i'.ii action in diuna<j<s for breach of promise and 

 for seduction in their own right. 



'Corning the rights of 



property of married women form a large part of llm 

 laws of the several States in regard to women. Then- 

 is nothing peculiar in the law governing the pmp< ny 

 of unmarried women and widows. c\e< it in 

 -tales in which (here is a property qualification 

 of suffrage, the rights of uomarridd women and widows 

 arising from the ownership of property are not the 

 same as iho.-e of men. 



Prior to ISIS the common law of England, as to the 



property rights of marrii d women. pr'\ ailed WrJ 



generaliy throughout the I'niled Slai.s. In the 



years ls!S and l.'.'iii several of these existing State. - 



a Manic d Woman's Property Act. .-eein ii 



married woman all legal and equitable eetate* owned 



by her at (he time of her marriage or acquired by her 

 duriftg i-overtiirc by gilt, <le\i.-c. or purehase, other 

 than from or through her husband, for her sole and 

 separate u>e. to be hers absolutely . and not liable lo 

 be tnl.i n in exeeiitiou for her hlisluind's di Its. 



These acts very generally empowered her lo dispose 

 of her separate- estate by sale. b<rliusliand giving his 

 consent thereto and joining in the died of conveyance, 

 al > by last will and testament (her husband having lirsl 

 given his written consent then-tot, subject lo the hn.-- 

 band's right of eurt'.-y. or otherwise lodttpo-e of ;t 

 according to the terms of (he articles id' ,-ett'u n.< -nt 

 by which her M'parale estate was created. 



' 'l'hes<- rets, designed only to protect the separate 

 estate of the wile from execution for tin- husband s 

 debts, were so construed a- to give lo (he husband, as 

 the natural guardian of the wile, the exchiM\' 

 ol' control and management, also the rents and profits 

 of her iate. ihiisdcprmn;; her entirely ol ihe 



rights of owner: 1 hip-- so "j<-nl'ins" was t!i<> law lor the 



.-lion of the rights of the wife." Ti 

 faded to emancipate her person from (he common law 

 control of ihe husband, so as to recognize her iiilit to 

 her earning.s alter marriage, or to any interest in their 

 joint earnings other than her dower, which, as al com- 

 mon law. she had in all lands possessed by the husband 

 during covcrlnre. Many of these older Slates have 

 e so modified their laws as to give to married 

 women absolute power lo dispose of their separate 

 . by will, subject only to the husband's right of 

 statute or common law curtesy. and to secure to a 

 married woman her own eaniiie/s. either as a J> n>r W. 

 tr.-ul'-r. or by petition tiled declaring her intention lo 

 claim her earnings subsequent to the date of the pe- 

 tition, the effort being to gradually remove the legal 

 disabilities of married women BS to property, and to 

 ! secure to them all the rights of ownership consistent 



