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Show -Ill V o "s POPULAR TALK ON LAW. (By William C. Sprague, Pros. The Spraguo Correspondence School of Law. Contracts. Under tho common law, that is, the law Inherited from our English ancestors an-cestors and unaffected by our American Ameri-can statutes, a married woman's contract con-tract was absolutely void. In England this was tno legal status of a married mar-ried woman, generally speaking, up to January 1, lbSJ. Our American states were quicker to recognizo tue injustice injus-tice ot tho common law, and hi tho case of nearly every one of them, statutes, sweeping in character, havo been passeu lrom time to time modifying modify-ing tlio common law prohiDltion, so tnat at tne present time in some of cur states a married woman can make contracts as treeiy as If she were single; in others she can maico contracts con-tracts within certain limitations. As a married woman's contract rights are determined by tho law of the place where tno contract is made, and as there are as many "places" or jurisdictions as tnere are states aim territories in the union, each with statutes peculiar to itself, it will be impossible in a short article to give I an adequate view of the contract ' rights ot married women in the United States. It may bo ot interest and pro-lit pro-lit lor us to brlolly outllno the contract con-tract status .of married women In tne several states, as lollows: Alabama: Full legal capacity to contract In writing as if she weie single; sin-gle; sno cannot convey or mortgage her lands or any Interest therein without with-out tho assent and concurrence of tno husband; can carry on business alone as a trader and Is liablo for tho debts of the business; cannot become surety sure-ty for her husband. Arizona: May convey her separate estate as a single woman; may becomo '?' trader and bo liablo for debts of tho business. 1. Arkansas: Not liablo for debts contracted by her unless tho contract was made with special relerenco to her separate estate; may carry on I business and bo liablo for Its debts; jj must schedule- her property or tho burden of proof Is on her in a contest with her husband's creditors. California: May engage in business ior iiorsolf provided sho obtains from tho Superior Court a permit; may convey her property without tho consent con-sent of her husband; is liablo on her contracts. Colorado: May engage in business in her own name and bo liablo for Its debts; may buy, soil, and convoy personal per-sonal and real property the same as If single; has every contract right that her husband has. Connecticut: Women married since April 2u, 1877, control their own prop erty, convey It, make contracts, sue and bo sued as If unmarried; women muriled prior to that date aro of a very different legal status and cannot inano contracts except under certain conditions; but the husband and w.fe married prior to that date, may, by contract in writing with each other, conic under the operation of tho law or 1877. Delawaio: May carry on business and bo liablo for its debts; may make all kinds of contracts necessary to be made with respect to her own property as if she were single. District of Columbia: May carry on business and bo liable for its debts; may not becomo surety or sign accommodation paper; may convey her real or personal proporty; may make contracts in matters having relation re-lation to her separate estate. Florida: May carry on business nlono it permission bo obtained from the Circuit Court; may bind her own estate by contract as if sno were single. Georgia: May carry on business alone and bo llaulo for its ueuts; cannot bind herself by contract or suretyship; may make coutracts wltn reicience to ner separate estate. Idaho: May carry ono business in her own naiuo and bo llaulo tor its debts; all pioperty acqired by her alter al-ter man lime, excepting by gltt, bequest, be-quest, uevibe, or descent, sno noids in common witn her husoanu; wife muat record Inventory oi sepaiato property. Illinois: May go into business ana become liablo tor ueuts, out cannot gu into partnership without her husband's hus-band's consent; lias tho same power over her pioperty as her husbanu has over his; may make contracts aim control ner own earnings; may hoid and dispose of real and personal property in the same manner that ner husuand can in the case ot propeity belonging to him. Indiana: May become a sole trader and liaoio for her business debts, but cannot become suiety lor any ono; cannot mortgage nor convoy real estate es-tate without her husband joining in the conveyance; may deal with her separate property as if single; may make any contract with reference to her separato estate. Indian Territory: May becomo a trader and liablo for business dcuts; to bind her separato estate tho contract con-tract must be mado with referenco to making it liablo; must schedulo her separate property. Iowa: To becomo a solo trader and I bo i.ablo for business debts sho must file a married woman's cortlflcato; may deal with her own property In tho 'same way that a husband may deal with his; may make contracts tho same as If unmarried. Kansas: May become a solo trader and liablo for business debts; all property acquired by her during tho marriage, excepting such as sho obtains ob-tains by donations or inheritance, becomes be-comes joint property of both husband and wlfo; property owned by each separately before marriage remains separate property; by contract mado before marriago tho provision regarding regard-ing community proporty may bo sot asido; tho separato property of tho wlfo is not responsible for community debts; tho husband may sell or mortgage mort-gage community real estato without tho consent or assistance of tho wlfo, and can dispose of removable property proper-ty In any way ho desires, a married woman can sell her separato proporty by tho consent of her husband, in default de-fault of his consent, by that of tho court; sho cannot bind herself for her husband and cannot mortgage her property except by special consent of tho Court; a married woman, except sho bo a public merchant, cannot i make any contract or bind horsolf in any way without tho consent or assistance as-sistance of her husband or of tho court. |