business and perform any
labor or services on her own account, and her earnings are her sole
and separate property. She may sue and be sued as if unmarried, and
may maintain an action in her own name and the proceeds of such action
will be her separate property.[393]
She may contract as if unmarried and she and her separate estate are
liable. A woman engaged in business can not be arrested for a debt
fraudulently contracted. All women enjoy certain exemptions from the
sale of their property under execution which in the case of men are
granted only to householders--that is, a man who provides for a
family.
The husband's creditors have no claim to a life insurance unless the
annual premiums have exceeded $500; and it is also exempt from
execution for the wife's debts.
Common Law marriages are legal, requiring neither license nor
ceremony, and 14 years is the legal age for the girl.[394]
Absolute divorce is granted only for adultery. In case of either
absolute or limited divorce the husband may be required to pay alimony
to the wife during her life, even if she should marry again.
Every married woman is joint guardian of her children with her
husband, having equal powers, rights and duties in regard to them, and
on the death of either parent the survivor continues guardian. (1893.)
A husband is required to support his wife commensurately with his
means and her station in the community, without regard to the extent
of her individual property. If he fail to do this or if he abandon his
family he may be arrested and compelled to give security that he will
provide for them and will indemnify the town, city or county against
their becoming a charge upon the public within one year. Failing, he
may be sent to prison or penitentiary for not less than six months'
hard labor, or until he gives such bond, but none of this is
obligatory on the court.
In 1887 the "age of protection" for girls was raised from 10 to 16
years, and it was made optional with the court to impose less than the
existing penalty of ten years' imprisonment. A few years afterward it
was proposed to reduce the age to 12 years. Mrs. Mary H. Hunt, in
behalf of the W. C. T. U., went before the Judiciary Committee and
said: "I represent 21,000 women and any man who dares to vote for this
measure will be marked and held up to scorn. We are terribly in
earnest." The matter was dropped. In 1895 the age was raised from 16
to 18, with a penalty for first d
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