The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-03-01

to be brought in the name of her hus-
band and in all suits against her her hus-
band had to be Joined. Husband and
wife would not and cannot today sue
each other at law though it seems they
for her frauds an d torts committed DUR
ing marriage and was also liable for her
debts contracted before marriage.
The common law as we have seen gave
ths husband the right to obastize his
wife, but modern law protects the wife
ing all the remedies that anyone may
have, either by binding her husband
over to keep the peace, or by criminal
complaint for assault and battery and
also the right to divorce for cruel and
abusive treatment.
So much for personal rights and dis
abilities. now for property rights. By
the common law married woman
could not make valid will disposiDg of
real estate. If the wife owned any real
estate at the time of marriage, the
rents and profits belonged to the hus-
died first the wife became the sole owner
and it descended to her heirs; but il the
wife died first and there had besn a
child by the marriage born alive the hus-
band was entitled to the income of his
wife's estate for his life and was known
as "tenans by courtesy" AT the
COZ verse of the husbands tenancy by
courtesy the " ife had in common law
the rights of dover. By this the wife
was en- titled to the income and benefit
during her natural life of one third of
the real estate of which her husband
had seized.
Whatever personal property the wife
possessed at the time of marriage be-
came by the common law the property
of her husband absolutely, even her
wearing apparel, jewelry and other orna-
ments Also the wife's savings from
her personal services became her hus-
bands after marriage Some Of the
greatest hardship that married women
have experienced have arisen from this
provision of the common law which has
only been changed within recent years.
Such then was the status OF married
women under the provisions of the COM
mon law. 1t was not till 1870 In Eng
land, and from 1889 to 1848 in this coun-
try that these disabilities, the legal relics
of barbaric ages, were removed. The
State ct Mississippi took the first step in
1889 and the State of Maine was not far
behind. March %, 1914, the legislature
of the state passed an act which provid-
ed that married women might acquire
and hold zeal and personal property
after marriage and continue to hold In
their own rights all property possessed
by them before marriage, subject to GER
tain conditions. This was followed by
Is other acts. amendments and additions,
all of which are confined in the present
Revised Statutes of 1883, which later
have in turn been modified by two amen
datory acts, and one act additional.
Under the laws of the State of Maine
as they stand today, msrried woman OF
any age, may own in her own right real
and personal estate acquired By descent.
gifts or purchase and may manage. sell,
convey and devise the same by will with
out the joinder of her husband. "A wom
an having property is not deprived of
any part of the same by her marriage
since April 81, 1874, and husband by
marriage since that time acquires no
right to any property of his wife, but the
wife may release to her husband the
right to control her property if she
wishes. The wife may now receive the
wages of her Rarsoual labor, not per-
formed for heP own family, maintain an
action therefor In her own name and
hold them In her own rights against her
husband or any other person. Since
1866 wifes contracts in her own name
have been valid and binding and can
be enforced against her and her proper
ty as If she were single, but she cannot
be arrested A husband married since
April 26, 1859, is not liable for the
debts of his wife contracted before his
marriage nor for those contracted af
forwards in her own name; nor is he
liable for her torts committed after
April 26, 1883, in which he takes no
part, but she is liable in all such cases.
A wife may prosecute and defend suits
at law or in equity either of tort or
contract in her own name with or with
out she joinder of her husband, but the
husband cannot maintain an action re-
specting his wifes property nor settle
any of his wife's actions or causes Of
actions without her consent. Neither of
them can be arrested on any such writ
or execution.
In place of the rights of courtesy and
dover belonging to the husband and
wife respectively under the common and
under our statutes until recently, the
act of 1895 provides that on tine death of
either husband or wife, the title to one
third of the real estate of thu deceased
Except wild lands), desoends absolutely
to the Surviving widow or widower where
there are children by the marriage, one
half where there are no children.
In short these married women under
the laws of Maine today have all the
.;.L4a apd rrivi1aoaG that THAR hua-