Delaware Republican. (Wilmington, Del.) 1843-1874, 1873-05-05
AN ACT FOR THE PROTECTION OF
WOMEN

Be ii enacted by the Senate and House of
Representatives. Of the State Of Delalcdre an
General Assembly met.
SECTION l. That the real and personal pro-
perty of any female, who may hereafter marry,
and which she shall own at the time of her mar
rage, or that any female now married may Ie-
ceive by gift grant, devise or bequest, from any
pers on other than her husband, shall be her
sole and separate property, and the rents, issues
and profits thereof shall not be subject to the
disposal of her husband, nor liable for his debts.
SECTION .. That all debts contracted before
marriage, by the wife, or by her authority after
marriage, shall be a charge on her real and per-
sonal property, and a judgment therefor may
be recovered against her in her name.
SECTION 5. That any married woman may
receive the wages Of her personal labor not per-
formed for [herl family; maintain an action
therefor in her own name, and hold them in
her own right against her husband or any other
person; she may deposit the same or any other
money belonging to her in her own name in
any bank savings bank or other institution for
the safe keeping of money, subject to her so e
right and authority to withdraw the same, in
whole or in part, at any time, without the con-
sent of her husband; and upon the payment to
her by any bank, savings bank or other insti-
tuition for the safe keeping Of money, of any
moneys SO deposited, they shall be exonerated
from any further liability therefor
SECTION 4. That any married woman may
prosecute and defend suits at law or in equity
for the preservation and protection of her pro-
perry, as if unmarried, or may 60 it jointly with
her husband, but he alone cannot maintain an
action respecting his wIfe's property; and it
shall be lawful for any married woman to make
any and all manner of contracts necessary to
lie made with respect 10 her own property, and
suits may be maintained on such contracts as
though the party making them was a tenn,
sole.
SECTION 8, That any married woman OF the
age of twenty-one years and upwards may,
with the written consent of her husband, giveI
under his hand and seal in the presence OF Nv,
witnesses, dispose of her property, both rea
and personal, by will; but such disposal shall
not effect the rights Of the husban as tenan
by the curtesy, and if she die intestate, he
property, both real and personal, shall descen,
TO her heirs as now provided by law, and al
ministration and distribution shall take place
accordingly; but Il husband ami wife by mar
rage contract, executed IN the presence Of tw,
witnesses before marriage, may determine villa
rights each shall have in the others estate dur
ing marriage, aud after its dissolution by
death, and may bar each other OF all rights i
their respective estates not so secured to thGi
and il any married woman shall die intestat
without having had any lawful Issue, then an
in that case her husband shall be entitled t
hold one half part of all her real estate, afte
the payment ofall her just debts, for and dul
ing the term of his natural life.
SECTION 6. That any married woman ma
release TO her husband the right to control he
property, or any part Of it, and TO dispose of Il
incomes thereof for their mutual benefit, an
may in writing reverse the same.
SECTION /. That all acts ana uarts OF a.
Inconsistent with this act be, AM they are Ter
by repealed.