racts, testaments or any notarial act. On the other hand--odd
contradiction--she is allowed to act as a witness in all criminal
trials, where her testimony may lead to the execution of a person.
_Within the purview of the criminal code, she is on all hands considered
of equal value, and she is measured for every crime or offense with the
same yard-stick as man._ The contradiction, however, does not penetrate
the wool of our legislators. As a widow, she may dispose of her
property by testament; as witness to a testament, however, she is not
admissible in a number of countries; all the same, according to Art.
1029 of the _Code Civil_, she may be appointed the executor of a will.
In Italy, since 1877, woman is qualified to appear as a witness in civil
actions also.
According to the law of the canton of Zurich, the husband is the
guardian of his wife; he administers her property; and he represents her
before third parties. According to the _Code Civil_, the husband
administers the property that the wife brings with her, he can sell her
property, alienate it, load it with mortgages without requiring her
consent, or signature. Similar provisions exist in several other cantons
of Switzerland besides Zurich, in France, Belgium, Luxemburg, the
Netherlands, Spain, Portugal, Sweden, Denmark and also in a large part
of Germany. Countries in which community of property may be excluded in
marriage are, besides parts of Germany, and a large part of Switzerland,
Austria, Poland and the Baltic provinces. Countries in which the
absolute independence of married women exist with respect to their
property are: Italy, Russia, Great Britain and Ireland. In Norway, a law
of the year 1888, on the administration of the property of married
persons, provides that a married woman has the same power to dispose of
her property as unmarried women, only the law specifies a few
exceptions. In this law the expression is used that _woman becomes
un-free in marriage_. Who could blame her if, there also, as happens
frequently in France, women are seen to waive formal matrimonial
contracts?
According to the law of Berne, what the married woman earns belongs to
her husband. Similarly with most cantons of Switzerland, also in France
and Belgium. The consequence is that the wife often finds herself in a
state of virtual slavery: the husband squanders with lewd women or in
the grog-shop what his wife makes: he incurs debts: gambles away his
wife's earnings:
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