The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1892-03-09

common for men, where Strengthened, TO
turn their property over 10 their wives,
and thus avoid justice and also their cred
itors.
\ strict system OF registry, applied TO
the wife's separate property, might check
the frauds now Justly complained OF under
our present statutes.
Effects of Coverture Upon Woman's
Business and Earnings--At common law
"A married woman could receive no wages
and transact no business. Wages she
might earn but they must be paid to her
husband, unless he authorized her to act
as his agent and collect money due him.
If, without being so authorized, she col
lected money her husband could compel
her employer TO paw ii again to him.
Business she could not transact in her
name or for her benefit, but she could
transact for her husband as his agent.
This legal incapacity of vile to make any
contract was intended, so states the law,
to protect her against any undue influence
by him over her. But since 1879 married
woman may carry on any trade or busi-
ness and perform any labor on her sole
and separate account. The earnings and
profits of any married woman, accruing
from her trade, business or labor. other
than labor for her husband or family, are
her own separate property
husband is not liable for any debts
contracted by his wife, in carrying on any
trade, labor, or business on her sole and
separate account, or when she Is in part
nership with any person other than him
self.
married woman cannot enter into any
contract of surety, whether as indorser,
guarantor or in any other manner, and if
H.. l. .t-, O. h,. rv.sI
wife can take out letters OF admins
traton, provided her husband file his con-
sent in writing with the clerk issuing the
letters, which makes him Jointly RESPONSE
bic for her acts in the premises, but not a
co-administrator. II woman marries
while she is guard an she can continue
in her guardianship, if her husband file
his consent with the proper authorities,
which makes him Jointly liable Tor her
acts
Married women cannot submit to the
arbitration or umpirage of any person or
personsany controversy which might be
the subject of suit at law.
4 married woman may bring or main
tain an action in her own name against
any person or body corporate for damages
Tor any injury TO her person or character.
the same as II unmarried; and any money
recovered in such cases Is her own sepa-
rate property, and her husband is not liza
BILE for the costs. Her husband is liable
for her antepuptail debts to the extent
only OF what personal property he received
through her, or may derive from the sale
or rent of her lands. and no further.
The death OF the wife does not extin-
gush this liability OF the husband.
The wife can sue the husband for debt
accrued TO her before marriage; but if she
owe him, before marriage, the marriage
extinguishes the debt Married women,
without reference to ages. are liable for
tOrts committed by them; and they may
be prosecuted the same as if unmarried,
Husbands are not liable Tor the contracts
or torts of their wives.
When a married woman commits tort
by the direction OF the husband, or with
his consent, in his presence, he is Jointly
liable with her therefor.
On this subjec; of business and wages
the law differs in many sections of the
country. In most of the states formed
from the Louisiana purchase a married
woman is entitled to her earnings only
upon certain conditions, or by court au
thority. In Kentucky the court can
authorize her to engage in business If both
she and her husband petition to that effect,
or if he has abandoned her. or is in the
pcnitentiary for a term exceeding one
year.
The supreme court of Michigan has de-
cided that a married woman cannot collect
the money she earns unless she can prove
she is her husbands agent. The earnings
of a wife belong in that state to the hus-
hand ANNIE l. PAYNE Adler