pplication. If the husband be a
resident of the county and not under disability from insanity or other
cause, a copy of said petition shall be served upon him, with a notice
of the time when the same will be presented to the said court, at
least ten days before such application. In all other cases, the County
Court to which such application shall be made, shall, in its
discretion, determine whether any notice shall be given, and if any,
the mode and manner of giving it.
Sec. 6. If it shall satisfactorily appear to such court, upon
application, that the husband of such applicant has willfully
abandoned his said wife, and lives separate and apart from her, or
that he is insane, or imprisoned as a convict in any state prison, or
that he is an habitual drunkard, or that he is in any way disabled
from making a contract, or that he refuses to give his consent without
good cause therefor, then such court shall cause an order to be
entered upon its records, authorizing such married woman to sell and
convey her real estate, or contract in regard thereto without the
assent of her husband, with the same effect as though such conveyance
or contract had been made with his assent.
Sec. 7. Any married woman may, while married, sue and be sued in all
matters having relation to her property, which may be her sole and
separate property, or which may hereafter come to her by descent,
devise, bequest, or the gift of any person except her husband, in the
same manner as if she were sole. And any married woman may bring and
maintain an action in her own name, for damages against any person or
body corporate, for any injury to her person or character, the same as
if she were sole; and the money received upon the settlement of any
such action, or recovered upon a judgment, shall be her sole and
separate property.
Sec. 8. No bargain or contract made by any married woman, in respect to
her sole and separate property, or any property which may hereafter
come to her by descent, devise, bequest, or gift of any person except
her husband, and no bargain or contract entered into by any married
woman in or about the carrying on of any trade or business under the
statutes of this State, shall be binding upon her husband, or render
him or his property in any way liable therefor.
Sec. 9. Every married woman is hereby constituted and declared to be the
joint guardian of her children, with her husband, with equal powers,
rights, and duties in regard
|