Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-10-02
Mr.. Thomas Draws a Bill on the
Rights of Married Women.
Their Legal Rights ESplained-SchoOl
Trustees Take the 0nth-House-to-
House Inspection Other News.

material amendment he thought IT best to
prepare substitute embodying some of the
features of the bill and the principal fea-
lures of the Maryland code on the subject
If any change is to be made in the law of
the District affecting the rights of married
women, Mr.. Thomas says, it should be by
the substitution of a new and better law
rather than an attempt to patch up a very
unsatisfactory old one The substitute
which he has prepared is one. he says, that
will meet the appreciation generally of the
bench and the bar of this District, and
therefore one which the Commissioners
may safely recommend to Congress for
enactment.
The bill provides that the property, real
and personal. belonging to any married
woman in the District of Columbia at the
time of her marriage. and all property
which she may acquire or receive after her
marriage, by purchase, gift, grant, devise
bequest, descent or in a course of distribu-
ton, shall be protected from the debts of
her husband. and not in any way be liable
for the payment thereof; provided that no
acquisition of property passing to the wife
from the husband after coverture shall be
valid If the same has been made or grant
ed to her in prejudice of his subsisting
creditors.
The property acquired or owned, accord
ing to the provisions of the preceding sec
ton, by a married woman. she shall hold
for her separate use, with power of devils
ing the same as fully as If she were femme
sole; or she may convey the same by
joint deed with her husband; or where the
husband is lunatic or insane, and has
been so found by inquisition. and said find
ing remains unreversed and in force, she
may convey the same as fully as IL she were
a femme SOLE by her separate deed. whether
the same be absolute or by way OF mort
gage; provided that IL she die intestate and
leaving children, her husband shall have
life estate in her property, real and personal,
but If she die intestate leaving no children,
Kill l.n. 70 fara haT
property, and her personal property shall
vest in him absolutely; any married woman
may be sued jointly with her husband in
any of the courts of the District Of Column
bia or before any justice of the peace there
in, on any note bill of exchange single bill.
bond, contract or agreement which she may
execute jointly with her husband, and may
employ counsel and defend such action or
suit separately or Jointly with her husband:
and judgment recorded in such cases shall
be liens on the property Of defendants, and
may be collected by execution or attach
ment in the same manner as II the defend
ant were not husband and wife; provided,
that in all cases where a married woman
has made such a contract or agreement as
a femme sole, under section seven Of this
act, she may be proceeded against as there
in provided.
1t shall not be necessary for a married
woman to have a trustee to secure to her
the sole and separate use of her property,
but If she desires IL, she may make a
trustee by deed, her husband joining IN the
deed, or she may apply to a court of equity
and have a trustee appointed; in which APP
pointment the uses and trust for which the
trustee holds the property shall be declared.
married woman having no trustee may
in her own name sue in court of law or
equity in all cases for the recovery or Sc
curity or protection of her property, as
full as If she were a femme sole.
widow shall be entitled to dover in
lands held by equitable title in the hus-
band-but such right of dover shall not
operate to the prejudice of any claim for
the purchase money of such lands or other
lien on the same.
A tenant by courtesy shall be entitled for
life to lands held by equitable title. but not
to the prejudice Of any claim for the pur-
chase money of such lands. or other lien on
the same.
Any married woman who. by her skill,
industry or personal labor, shall earn any
money, or other property, real personal or
mixed, shall hold the same, and the fruits.
increase and profits thereof. to her sole and
separate use, with power as femme sole TO
invest, reinvest, devise, beQueath, sell and
dispose OF the same: provided. that such
money or property shall be liable for the
payment of any claim or debt Incurred by
such married woman in and about the bust
ness. occupation or enterprise in which said
money or other property shall be earned
or invested; and for any such debt said
married woman may be sued before any jus
uce of the peace or court of said District
whichever shall have jurisdiction as de-
Dy tne amount OF SAID debt.
If shewere femme sole; and any such prop
erty may be taken in execution to satisfy
any judgment rendered on such cause of
action; provided that the husband of such
married woman shall have the right to APP
pear and defend any such suit in her name:
and no Judgment shall be entered In any
such suit against such married woman
without proof. unless by the Joint consent
in writing OF herself and husband: and pro-
vided further, that any married woman
may sue In any court Of law or equity i'm
said District. upon any cause of action I'm
her own name. and without the necessity
sole -e''''e
Any married woman. by herself and I'm
ner name, or in the name of any third per-
son, with his assent, as her trustee NAV in
sure or cause to be insured for her sole
use the life of her husband for any definite
period, or for the term of his natural life:
and any husband may cause his own life
10 De insured for the sole use of his wife
and may also assign any policy of iusur-
ance upon his own life to his wife for her
sole use. and in case of the wife surviving
inc husband, the sum or net amount Of
Such insurance becoming due and PAYABLE
by the terms of the insurance shall he
payable to her for her own use free from
the claims of the representatives of her
husband or any of his creditors
Any married woman may convey bar
real or personal property IL her husband
joins in the conveyance. whether the con-
veyance be either absolute or by way OF
edge any deed, mortgage or bill of sale or
other instrument in the same manner as
other grantors or bargainors. without any
private examination or other ceremony:
ana she may, at whatever age she NAV he
reiinquish her dover in any real estate
by joint deed of herself and husband or Inv
her separate deed.
From and after the passage of this act
IN all deeds made to married women of real
estate or chattels real. il shall be competent
Tor the grantee or lessee to bind herself
ana ner assigns by any covenant running
with or relating to said real estate or chat
tells real. the same as IL she were a femme
sole.
No husband shall be liable in any manner
Tor any debts of his wife contracted. or
Tor any claims or demands against her
arising prior to marriage, but she and her
property shall remain liable therefor I'm
the same manner as II the marriage had
not taken place.
Proceedings at law or in equity. accord
ing to the nature of such debts claims or
demands, may be taken against such mar
ried woman, notwithstanding her cover
ture therein, joining her husband therein
as defendant but no judgment or decree
shall pass against the husband or his es-
tate but such judgment or decree shall be
passed against the wife only. and II shall
operate only upon her estate held by her
prior or subsequent to said marriage.
That this act shall affect pending suits.
All laws and parts Of laws Inconsistent
herewith are hereby repealed.