The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-02-20

Wnen MS VIE 1au INC WIOLS VI
SANDER assault and battery deceit, ETC.;
and in England, where imprisonment was a
part of the punishment. the husband only
was committed to prison for the wrong of
his wife. But since the year 1881 the wife
only is liable out of her own property for
her own wrong
THE HEAD OF THE FAMILY.
On the theory that the husband is the
head of the family, he decides where the
home shall be, and the wife must submit
He can change as often as business or
pleasure may suggest, and she must follow.
However, it has been held. on public policy,
1 presume. that the husband cannot COM
pei his wife to live with his people; but it
was not considered cruelty for a husband
to refuse to permit his wife to visit her own
people or go to church. On the same the
DRY the individual earnings of the wife be-
longed to the husband. He, alone, could
contract for her work or receive the pay
thereof. If you paid your washwoman her
weekly bill, you were liable again to the
husband. Payment to the wife was no
payment at all. Even though she carried
a separate business or profession, the
payment for her services had to be made to
the husband. She had no legal Individual
ity and was unknown to the law and this
state of affairs existed until 1879, when the
right to her own individual earnings
was permitted her. But she could
not carry on a partnership in BUSH
ness until 1881. However, she cannot
recover new for her time spent working
for her husband and family: she is only en-
titled to her earnings. earned outside of her
home. Her time belongs to her husband in
such a sense that she cannot recover from
him for the performance of the duties Of
the household
On the same theory in Indiana to-day,
wife's children are not her own. The law
presumes them in the custody of the father
Her only remedy, in case of separation
from her husband, is to sue for divorce,
for which there are seven statutory causes
and If she succeed, the court then has iuris-
diction of the children and she can place
herself at the mercy of the court, which is
generally availing; but the court can give
the children to either parent, or take them
from both and place them with strangers
The good of the child, only, is considered.
IL has always been the law that if any one
wins the wife's affections from the husband
ne has his action against the wrongdoer for
the loss of his wifes affections and society.
But in the seventy-seventh Indiana State
ASlOll AOupfSIIle OOuIl) IL Is nelQ LDdL a WIG
had no similar right of action against one
who had won from her her husbands af-
lection, taking not only his affection and
society, but her support; Also not because
the wife's affections were more valuable
but because at that time married woman
was under legal disabilities and could not
sue or be sued, except concerning her prop
erty; neither could she recover for personal
I'M c1ff Inv or
for damages to her character There simply
was no remedy for her individually for any
wrongs which she suffered. In all such
cases the husband and the wife must bring
the suit Jointly, and the damages Injured to
the benefit of the husband.
Prior to the year 1879 a married woman
could not bind herself by any sort of con-
tract: Even though she employ an attor
ney to defend her title to her lands, he
could not collect his pay. Neither could she
bind herself for improvements on her own
lands fer her own benefit, nor for insurance
or her own property.
IMPORTANT CHANGES.
In the year 1881 great changes were made
concerning married women; she could sue
and be sued, her individuality was recog-
nized by the courts. She was given power
to contract generally, and many Of her legal
disabilities were removed. The greatest re-
striction left standing against her is that
a married woman cannot become surety for
another. She cannot be forced directly or
indirectly to pay any debt but her own, even
though she contracts to that effect and
mortgages her lands. The courts are bound
to investigate, if she pleads that she is
married woman, and If the fact develops
that she individually did not get the money
for which the action is brought, the action
must fail as to her. 1t is protecting infiu-
ence about her, realizing her inferior bust
ness shrewdness and the secret coercion
that might be used by her husband, by
which the courts try to save to her her
own, but it is much abused and her business
ability greatly hampered. In dealing with
married women in all business transactions
one scarcely ever knows when he is safe,
and no one point is more haggled over in
the courts. 1t is a barrier which those seek
ing further freedom for women are now
attempting to have removed on the grounds
that no one has an inherent right to say
how any one, be he man or woman shall
use his own.
A man may mortgage or sell his real es-
tate and If his wife refuse to sign with
him the purchaser takes perfect title sub
ject only to the contingency that if the
wife outlives the husband, at his death she
will take one-third thereof. But if wife
desire to sell or mortgage her real estate
and her husband refuse to sign the con-
veyance with her, she can convey nothing
and her act is absolutely void. But in this
she may do indirectly what she cannot do
directly, which is a rare instance in law.
She may become indebted without the con-
sent of her husband. allow herself to be
sued on the Indebtedness and judgment TAX
en- thereon and her lands taken to satisfy
the Judgment, and the purchaser gets
good title.
The husband may become administrator
of any estate, even over the protest of his
Wife But the wife may not assume like
RESPONSIBILITIES without the written consent
of her husband filed along with her appli-
cation.
The wearing apparel of the wife furnished
by the husband belongs to him, but it is
not theft for her to carry it off without his
consent, as it would be to take the goods
of another, and at his death she is entitled
from her husbands estate, free from any
claims of creditors, to such wearing apparel
and Jewels as are in keeping with her sta
ton in life.
If a man marries a woman who owes him
~ -5o1+ 3e 20 ncalad hut Vvnyo N