he same effect in all respects as if she were sole; and
in case the said bond or undertaking shall become broken or forfeited,
the same may be enforced against her separate estate.
8th. 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, purchase, or the gift or
grant 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 any statute of this State, shall be binding
upon her husband, or render him or his property in any way liable
therefor.
5th. In an action brought or defended by any married woman in her
name, her husband shall not, neither shall his property, be liable for
the costs thereof, or the recovery therein. In an action brought by
her for an injury to her person, character, or property, if judgment
shall pass against her for costs, the court in which the action is
pending shall have jurisdiction to enforce payment of such judgment
out of her separate estate, though the sum recovered be less than one
hundred dollars.
6th. No man shall bind his child to apprenticeship or service, or part
with the control of such child or create any testamentary guardian
therefor, unless the mother, if living, shall in writing signify her
assent thereto.
7th. A married woman may be sued in any of the courts of this State,
and whenever a judgment shall be recovered against a married woman,
the same may be enforced by execution against her sole and separate
estate in the same manner as if she were sole.
[176] THE GUARDIANSHIP LAW, PASSED APRIL 25, 1871.
6th. The Surrogate, to whom application may be made under either of
the preceding sections, shall have the same power to allow and appoint
guardians as is possessed by the Supreme Court, and may appoint a
guardian for a minor whose father is living, upon personal service of
notice of the application for such appointment upon such father, at
least ten days prior thereto; and in all cases the Surrogate shall
inquire into the circumstances of the minor and ascertain the amount
of his personal property, and the value of the rents and profits of
his real estate, and for that purpose may compel any person to appear
before him and testify in relation thereto.
[177] See law of 1860.
CHAPTER XV.
WOMAN, CHURCH, AND STATE.
BY MATILDA JOSLYN GAG
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