the husband, but if left within his control it
became liable for his debts, unless she filed a notice with the
recorder of deeds, setting forth her claim to the property, with
an exact description. And the same rule applied to specific
articles of personal property. Married women abandoned by their
husbands could be authorized, on proper application to the
District Court, to transact business in their own name. The same
provisions were substantially reenacted in the code of 1860.
Under both codes the husband was entitled to the wages and
earnings of his wife, and could sue for them in the courts.
But the code of 1873 made a great advance in recognizing the
rights of married women; and it is said the revisers sought, as
far as possible, to place the husband and wife on an entire
equality as to property rights. By its provisions, a married
woman may own, in her own right, real and personal property
acquired by descent, gift or purchase; and she may manage, sell,
convey, and devise the same by will to the same extent, and in
the same manner, that the husband can property belonging to him.
And this provision is followed by others which fully confer on
the married woman the control of her own property. Among other
things it is enacted, that a wife may receive the wages of her
personal labor, and maintain an action therefor in her own name,
and hold the same in her own right; and she may prosecute and
defend all actions at law, or in equity, for the preservation and
protection of her rights and property. Contracts may be made by a
wife, and liabilities incurred, and the same may be enforced by,
or against her, to the same extent as though she were unmarried.
The property of both husband and wife is equally liable for the
expenses of the family and the education of their children, and
neither is liable for the debts of the other contracted before
marriage. By the code of 1873, now in force, it is declared that
the parents are the natural guardians of their children, and are
equally entitled to their care and custody; and either parent
dying before the other, the survivor becomes the guardian.
But notwithstanding the seemingly equal provisions of our code,
there is still a great disparity in the laws relating to the
joint property of husband and wi
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