The Republican journal. [volume] (Belfast, Me.) 1829-current, 1915-07-08
A Drastic Law
vitality Affecting Certain Property Rights
That Went Into Effect July LIST.

| One OF the most drastic laws passed by
the Maine legislature in many years has
apparently escaped attention of the pub
lie. as there has as yet been no stir in legal
or other circles. Still the new law,
which took effect last week, has far
reaching effects in property rights, and
concerns every married man and woman
in the State as possibility of at some
time coming under the influence of its
provisions.
The law referred to is found in chap
ter 1923, relating to certain rights and
liabilities of husband and wife. Proper
tracing parties without the necessity of
a divorce to abrogate the usual rights
by law in the property of the husband or
wife.
| Desertion for one year without Just
cause constitutes situation which, up.
on proper process, as outlined in the act
by the probate court, entirely deprives
the opposite party from any interest in
real and personal possessions, and fur
Their still, removes any rights of possess
ion of property even if granted in will
drawn and executed before the separa-
ton, and which under previous conditions
would be perfectly legal, whether the
persons involved had lived apart or had
been divorced.
The probate courts of the State are
given greater powers in the new law,
the provisions being most arbitrary and
effective.
Bangor lawyers who have become
familiar with the provisions of the law
point out its wide scope and express
great surprise that an act Of such i'm
portance and far-reaching effects should
have gone through the processes of legis-
lation at Augusta last winter without
attracting Statewide attention and COM
ment.
The full text of the act is published
herewith that all may understand what
will happen after July 3rd, the terms
being sufficiently plain and explicit for
others outside the legal fraternity to
comprehend. 1t is as follows:
CHAPTER 1923.
An Act in relation to certain rights and
liabilities of husband and wife.
Section l. If husband, without just
cause, deserts his wife, or If his wife,
for Just cause. is actually living apart
from him, and if such desertion or living
apart has continued for period of at
least one year next prior to the filing of
the petition hereinafter referred to, the
probate court may, upon her petition, or
if she is insane, upon the petition of her
guardian or next friend, enter decree
that such wife is so deserted or is so llv-
ing apart and may prohibit the husband
from imposing any restraint on her per-
sonal liberty during such time as such
court shall by order direct, and upon the
petition of either the husband or wife or
of the guardian or next friend of either
who may be insane, may make further
orders relative to the care, custody and
maintenance of the minor children of the
parties, may determine with which of
their parents such children, or any of
them, shall remain, may order the hus-
band to pay to such court for the wife
sufficient money for the prosecution OF
such petition and may from time to time,
upon a similar petition, revise or alter
\ any such order and make new order ir
lieu thereof, as the circumstances of the
| parties or such minor children, or any Of
them, may require, and may enforce
obedience by appropriate process.
T Section 2. If a wife, without JUS
cause, deserts her husband, or if be il
living apart from her for just cause, ant
: if such desertion or living apart has con
! tinued for the period set out in section
one, the probate court, may upon petition
of the husband, or if he is insane, upo1
o the petition of his guardian or mex
/: friend, enter decree that such HUSBAND
J. is so deserted or is so living apart, AM
: such husband may thereafter convey hi
o real property IN the same manner as i
q he were sole, and no portion OF his estat
n shall descend to his said wife at his de
cease, neither shall she be entitled to re
;, ceive any distributive share thereof or t.
- waive any will made by him in her favor
: Section 3. If the probate court ha
q entered decree that a wife has been de
+ serted by her husband, without Jus
4 cause, or has lived apart from him TO
= just cause, for the period set out in sec
= ton one, she may convey her real prop
O erty in the same manner and with tn
= same effect as if she were sole, and n
" portion of her estate shall descend t
:, her said husband at her decease, neithe
sh all he be entitled to receive any dis
tributive share thereof or to waive tn
. provisions of any will made by her in hi
r. favor.
Section 4. The petition under the pre-
visions of the preceding sections may b
n brought and determined in the county i
II which either of the parties lives, excep
q that it the petitioner has left the count
l. in which the parties lived together an
"a the respondent still lives therein, the pc
= ttion shall be brought in that county
o and such notice shall be given thereo
i, as the judge Of said court shall direct.
Section 5. The provisions of the fore
o going sections shall not bar the issue o
= marriage from inheriting or affect thei
/. rights, neither shall it invalidate an
marriage settlement or contract betwee
the parties.
Section 6. Any party aggrieved b
any order or decree hereinbefore provid
ed for may appeal to the supreme judi
cial court in the same manner as provide
for probate appeals.
Section Z. Whenever any decree pre-
q. vided for in sections one and two hereo
g. shall become effective either by reaso
l. of expiration of the time within whic
an appeal might have been taken or o
: final judgment on appeal, the register O
probate, shall forthwith file in the offic
of the register of deeds in the sam
| county, under seal of the probate court
! certified copy thereof which the regis
/ ter of deeds shall record without fee. :
(Approved April 2, 1859