ied intestate,
unless she left issue by a former husband, in which case such issue
takes it, free from the right of the surviving husband to hold the
same by curtesy. If the wife die without a will and leave no issue,
the widower is entitled to the entire estate, both real and personal.
There may also be reserved for the widow a homestead of not more than
forty acres of farm land, or one-quarter of an acre in a town, which
at her subsequent marriage or death passes to the heirs of the former
husband. If none exist she does not lose her homestead rights by
marrying again.
The wife may dispose of all her real estate by conveyance during her
lifetime or by will, without the husband's consent. He can not destroy
her dower rights.
A married woman may sue and be sued, make contracts and carry on
business in her own name.
The father, if living, and in case of his death the mother, while she
remains unmarried, shall be entitled to the custody of the persons and
education of the minor children. The father may by will appoint a
guardian for a child, whether born or unborn, to continue during its
minority or for a less time.
Neglect to provide for a wife and minor children is a misdemeanor,
punished by imprisonment in the county jail not less than fifteen
days, during ten days of which food may be bread and water only; or by
imprisonment in the penitentiary not exceeding one year, or in the
county workhouse, at the discretion of the court.
In 1887 a law was passed raising the "age of protection" for girls
from 10 to 14 years. In 1889 this was amended by lowering the age to
12 and reducing the punishment from imprisonment for life to not more
than thirty-five nor less than five years. The clause also was added:
"Provided that if the child shall be a common prostitute, the man
shall be imprisoned in the penitentiary not less than one year nor
more than seven."[470] In 1895 the age was raised again to 14 years
with the same penalty.
SUFFRAGE: By the law of 1885 every woman who is a citizen of this
State of the age of twenty-one years and upwards, except paupers,
etc., who has resided in the State for one year and in the election
district where she offers to vote ten days next preceding any election
pertaining to school matters, shall have a right to vote at such
election. By the present interpretation of this law the suffrage of
women is limited to school officers and questions. Suffrage may be
extended by statute but
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