The new Northwest. [volume] (Portland, Or.) 1871-1887, 1880-04-15
W0wFT's PROPERTY RIGHTS.

We have received o note from a lady
Of Spanish Hollow, N-asco county, ask
ing us to publish, for the benefit Of our
subscribers in that section, "the law
relative to a married woman's holding
property separate from her husband"
As the property rights Of married wom-
en- do not appear 10 be generally under
stood, either by men or women, We will
endea'vor 10 place the subject in compact
shape before the public Taking the
clause in the Constitution, an extract
from the Miscellaneous Laws, and the
Act OF 1878 together, one can get q clear
idea Of married woman's status. Sec
ton . OF Article Is Of the Constitution
OF the State CT Oregon says:
The property and pecuniary rights Of every
married woman. ~ the time OF marriage, or
aaerwarl acquired by gin, devise OF Inherit
ancc, shall not bc subject Co the debts or con-
tract, orthe husband; and laws shall be passed
providing ior the registration OF She wlfe's sep
arate property.
Section OF Chapter So Of The 1Iiscel-
laneous Laws Of Oregon says:
Tho property, either real or personal, ac-
Quired by any married woman during cover
ture, by her own labor, shall not be liable Tor
the debts, contracts or liabilities OF her hus-
band, but shall in an respects De subject 90 The
same exemptions and liabilities as property
, owned 30 the time OF her marriage or alier-
ward acquired by gin, devise or Inheritance.
The Ac, approved October 2I, ISIS, de-
Gning the property rights Of married
women, IS here given in full:
eEcuoNi Tlcu property and pocuuiary rights
of every married woman at the time OF her
marriage, or Afterwards acquired hy gift, de-
wise or Inheritance, shall not De subject % the
debts or contracts OF her husband, and she
may manage, sell, convey or devise the same
1y VIII, 90 the same extent and ln the same
manner. that hcr husband can property be-
longing to him.
sEc. . when property is owned hy either
the husband or wife, the other has no Interest
therein which can be the subject OF contract
between tllm, or such interest as will make
tle same liable lo- tie contracts or liabilities
of .lar tre husband or wife who Is not the
owner al --s property, except as provided in
thlsAet
SER. @. Should either The husband or wife
obtain possession or control OF property be-
longing i1 tle other, either before or after
marriage, thc owner OF Che property may
ma-n'siln au action therefor, oF Tor any right
-ros ing ont oi thc some, in The same manner
and eziert as d thcy were unmarried
SIC. 8. For an civil injuries committed by a
married Woman, damages may De recovered
from heraic1e. aud her husband shall not be
responsible cher for. except in case where De
would Doe jointly usp1lsl5le with her 30 the
marriage Did NOT exist
SIC. f. A conveyance, transfer or lien exc
cuted by either husband or WHO 90 or In favor
OF the other, shall be valid % The same estcni
as between other persons.
SIC. o. 4 husband OF wife may constitute
the other, BIS o- her attorney in flct % control
I or dispose OF his or her property Tor their mu.
tual benefit, and may revoke the same 20 the
same extent and manner as other persons.
SEC. :. A wife may receive the wages OF hc.
/ personal labor, and maintain an action there
lor in her own name, and hold tle same in hei
own right, and sine may prosecute and dcfen,
an actions 90 law o. in equity, for the preser
walton and protection OF her rights and prop
erty as Ifunmauied.
SIC. s. Neither husband or wife ls liable f8
the debts or liabilities OF the other iucurre,
before marriage, ,.and, except as herein other
wise declared, they are not liable lor tae scra
rate debts of each other, nor is tIe rent OF Iu
come OF such property liable for The separate
debts OF the other.
SEC. Q. Contracts may BE made by q w "a
and Liabilities incurred, and she .ame enforce,
by or against her, % the same extent aud "a
the same m1nncra as if sine were unmarried.
SIC. DO. The expenses OF tle family and th
Z. education OF the children are charsaabic uroi
the property OF both husband and wife, O.
either OF them, ANA ia relation thereto thel
may DE sucl jointly OF epa-a-ely.