The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1890-12-26
IMPORTANT COUNSEL.
Some Points of Law Which Women
Should Understand Before Marriage.


Should Understand Before Marriage.
1t is not Of women in law, women who
practice the legal profession, that | pur-
pose to write now, though much of inter
est may be said on this subject, but of the
law which ali women should know. 1t
seems not to be generally understood
that the law assumes that every one,
man and woman, is familiar with the
general laws of his and her own State,
both civil and criminal, and that ig-
norance of the law is never accepted by
the courts in excuse or mitigation OF
any wrong-doing or of any business
error, however serious. IgHOrantia legts
neminem ercuSat, is ole of the oldest and
soundest legal maxims, and yet in real
fly, law is the one subject least studied
and least understood, though its funda-
mental principles are simple and easy
to learn if the necessity for such knowl-
edge could only be enforced on the pub
lie attention.
1t is therefore essential that every
woman, as we'll as every man, should
have some idea of the general principles
of all-around law-except of course the
technicalities of its application in court
practice-but there are certain lines of
information that are specially likely to
be of value to her. and which she natur-
ally looks into first. There is very lit
tie law that pertains specially to wom-
en-, as such, before they marry. Our
code of laws, both civil and criminal, ap-
plies to men and women alike, and they
may hold and manage their property in
exactly the same way and bind them
selves and their property equally by
heir contracts, until they marry. Then
certain changes takes place in the legal
status and powers of women, which
ought to be far more generally under
stood than they are. These changes
are not nearly so serious as they were
half century ago.
In some of our States the legal disa-
bi,ities on married women have been
almost entirely removed, but in others
the burden still continues in greater or
lesser degree. l say burden" advised
ly, for while the old English common
law disabilities were undoubtedly in
tended, primarily to protect wives them-
selves, and secondarily to protect the
public, such fragments of the system as
now remain in our law, engrafted as 1t
is with statutory privileges and powers
newly given to women, only serve as
stumbling-blocksi in the way of the bust
ness world, without at all serving their
old purpose of protecting women.
The points concerning which a mar
ried woman should first inform herself
may be summed up as follows: Is the
property owned by me at the time of
marriage, still my own, or is it now my
husbands? Does property coming to
me since marriage, by will. inheritance,
or gift, belong to me or my husband?
Are the wages or other moneys which
may earn mine, or are they his, and can
/ only collect them or can he? Are the
rents of my houses and lands payable
only to me or may be collect and use
them? Can give away my property
during my marriage, and in whole or
only in part? Can / sell or convey my
property during marriage, or must my
husband join with me in such sale or
conveyance, and do I or does he take
the proceeds? Can make contracts in
my own name concerning my property,
and to what degree, if any. am /
restricted in so doing? Can
1 make contracts for my own
labor and time? Can 1 make a valid
contract with my husband, and can 1
collect on his promissory note made in
my favor? Can make contracts for my
own support and that of my family, and
to what degree can 1 make such con-
tracts for support as agent for my hus-
band, SO as to bind him and his property