ILLINOIS.

In ILLINOIS, there is a homestead law, similar in its purposes to those before mentioned, exempting the homestead to the value of $1,000. Compiled Statues (1856), ch. 57, (44)-(50). When real or personal estate is held for her by trustees, not coupled with an interest in any other person than the married woman for whom it is held, she may on the death of such trustees be appointed in their stead, and may hold and convey in her own name, and the property is not liable for his debts. Laws of Illinois 1857, p. 52.

INDIANA.

In INDIANA, the husband is liable to the extent of the wife's property only for her antenuptial debts, R. S. (1852), Vol. I. ch. 52, § 1, and such liability is not extinguished by her death. Id. § 2. Her Christian name is sufficient in a suit against them jointly. Cox v. Runnion, 5 Blackf. 176. Her admissions subsequent to marriage are not admissible in a suit against them jointly for a debt of hers while single. Brown v. Lasselle, 6 Blackf. 147; Lasselle v. Brown, 8 id. 221. Process need only be served on the husband when subsequent proceedings are against both. Campbell v. Baldwin, 6 id. 364; King v. McCampbell, id. 435. The husband is a proper party to a scire facias on a judge's transcript of judgment against the wife while single. Campbell v. Baldwin, supra. The plaintiff must prove marriage, in assumpsit against both on a note of wife before marriage, when non-assumpsit is pleaded. Wallace v. Jones, 7 id. 321. They should sue separately in an action for libel upon both. Hart v. Crow, id. 351. As to the wife's agency, see Casteel v. Casteel, 8 id. 240. Judgment against them jointly for tort of wife must be satisfied first from her lands if she have any. R. S. ch. 52, § 4. Her lands are not liable for her husband's debts, but remain her separate property. Id. § 5; Barnett v. Goings, 8 Blackf. 284. Suits relative thereto should be in the name of both; if separated, in her name, in which case the husband is not liable for costs. R. S. ch. 52, § 7. The wife cannot sue or defend by guardian or next friend, unless under twenty-one. Id. Vol. II. Part II. ch. 1, § 8. She may defend in her own right an action relating to her separate property, and in her husband's, if he neglects. Id. § 9. A general and beneficial power may be given to her to convey, without the concurrence of her husband, lands devised to her in fee. Id. Vol. I. ch. 113, § 16. She may make a will, id. Vol. II. ch. 11, § 1; but the will of an unmarried woman is revoked by marriage. Id. § 5. On abandonment by her husband or his confinement in prison, she may be authorized to sell real or personal estate, which has come to him by the marriage, in the State, and undisposed of; and she may claim any personal estate, or money in the hands of third parties to which he is entitled in her right, and payment for the labor of herself and children; and to make contracts under seal, execute deeds, prosecute and defend suits in her own name, and all contracts so made shall bind him on his return; and

if on his return he is not joined with her in any such action pending, judgment will be enforced against him as if rendered before their intermarriage. In case of attachment against his property while absent, she exercises all the rights which would have belonged to him. When under twenty-one years of age she prosecutes by her next friend approved of by Court. Laws of Indiana 1857, ch. 45, 46. In case of a wife deserted by husband or children by parents, judge may on application order a sale of personal, and the rents of real estate, (in the State) for the support of the wife or children; and at the next term after such complaint, real estate may be sold and deed executed to the purchaser. Id. ch. 47, § 1, 2, 3.

IOWA.

In Iowa, the personal property of the wife does not vest at once in the husband, but if left under his control, will, in favor of third persons acting in good faith and without knowledge of the real ownership, be presumed to have been transferred to him. But she may avoid such surrender by filing for record a notice stating the amount of such property, and that she has a claim therefor; and if, during her lifetime, he dies or becomes insolvent, she is deemed a preferred creditor to that amount, without interest, but not as to creditors without knowledge, who become such after the property is placed under the husband's control, and before the filing of such notice. The wife must prove the amount of such property; but after five years the notice is presumptive evidence. Property which ordinarily passes only by written evidence of transfer is presumed, without notice, to belong to the wife, unless she received it from the husband. He is not liable upon contracts relative to her separate property or purporting to bind herself alone, nor is her property or income liable for his debts. Family expenses, education of children, &c., are chargeable upon the property of both or either; they may be sued jointly, or the husband separately. When abandoned by her husband, the wife may obtain permission to act as if sole, and to dispose of a portion of his property, and collect debts due him; and the husband, in like case, may obtain similar power over her property. (Provision is also made for the seizure of his property by public officers in the former instance. Code, § 799.) He cannot remove the wife or children from the homestead without their consent. Code of Iowa, §§ 1447-1462. The estate by the curtesy is abolished, and the husband is entitled to the same rights of dower as the wife. Id. § 1421; Laws of 1852, c. 61, § 3. When judgment is against husband and wife, execution may issue against the property of either or both. Code, § 1891. If both are sued jointly, the wife may defend for her own right, or for her husband's right also. Id. § 1687. A married woman may receive gifts or grants from her husband without the intervention of a trustee, id. § 1192; and may convey her interest in real estate, id. § 1207; and may be executrix independently of her husband. Id. § 1304. There is also a homestead exemption law, similar in its general scope and purpose to those before mentioned. Id. §§ 501, 1245-1266, 1395; Laws of 1852, c. 61, § 2.

KENTUCKY.

In KENTUCKY, the husband has no interest in the real estate or chattels of the wife, except the use of them, with power to let out to rent real estate for three years at a time. R. S. of Kentucky, ch. 47, art 2, § 1. Such estate is only liable for her antenuptial debts, and for necessaries for the family, the husband included. Id. Her chattels real, may be conveyed in the same way as land, and the proceeds go to the husband, unless otherwise provided. Id. § 2. He is not liable for her antenuptial debts except to the amount received by her independent of real estate or slaves. Id. § 3. Provision exists for a married woman's acting as feme sole in case of abandonment, imprisonment of husband, &c. Id. § 4. The wife of a non-resident husband may act as a feme sole. Id. § 8. An alien wife of a citizen husband may inherit property, ch. 15, art. 3, § 3. The deeds of a feme covert may be either joint or separate, ch. 24, § 21; and must be separately acknowledged. Id. § 22. For various provisions relating to dower, see ch. 30. Marriage-agreements must be recorded, ch. 24, § 9. The husband's remedy against the wife's tenant is the same after her death as before, ch. 56, art. 2, § 25. She has the general rights of an unmarried woman in regard to stock held for her exclusive use. Id. § 16. Real or personal estate conveyed or devised to her, except as a gift, cannot be aliened without the consent of her husband. Id. § 17. Provision exists for the sale of married woman's property, ch. 86, art. 1, 5, 6. A married woman may dispose of her separate property by will or execute a power, ch. 106, § 4. Wills are revoked by a subsequent marriage, except when made under power of appointment, when the estate would not, in default of such appointment, go to the heirs. Id. § 9. She may deposit in bank and check as if sole; but rights of third parties are not affected if bank has notice. Supplement 1866, p. 727. When there is no appearance of fraud on joint application of husband and wife, Court may empower her to use, sell and convey, for her own benefit, any property she may own or acquire; and to trade in her own name as a feme sole, and dispose of her property by deed or by will, and in all cases it is free from the debts of her husband and liable for her own. Id. p. 728.

LOUISIANA.

In LOUISIANA, the wife cannot appear in court without the authority of her husband, though she may be a public merchant, or hold her property separate from him. Even then, she cannot alienate, mortgage, or acquire by gratuitous or unencumbered title without his written consent. She may be authorized by the judge of probate upon his refusal, and if separated from bed and board, has no need of the authorization of her husband. If a public merchant, she may without being empowered by him obligate herself in any thing relating to her trade; her husband is also bound, if there is a community of property. She is considered a public merchant, if she carries on a separate trade, but not if she retails only the

merchandise of the commerce carried on by him. If the husband is under interdiction, or absent, the judge may authorize her to act as if unmarried. She may make a will without his authority. Civil Code, art. 121-132, 1239, 1467, 1779. But she cannot become an executrix without his consent or the court's. Id. art. 1757. She may act as a mandatary. Id. art. 1780. Neither party can be a witness for or against the other. Id. art. 2260. They may, by marriage-contract, determine the rights of property; but cannot change the legal order of descents (this restriction not affecting donations inter vivos or mortis causa, or donation by the marriage-contract according to the rules for donations inter vivos or mortis causa), nor derogate from the husband's rights over the person of his wife and children, or as head of the family, nor with respect to children if he survive the wife, nor from the prohibitory dispensations of the Code. Id. art. 2305-2307, 2316. The property of married persons is divided into "separate" and "common ;" and the separate property of the wife into "dotal" and "extra-dotal" or "paraphernal." The "dotal" is that which the wife brings to the husband to assist him in bearing the expenses of the marriage-establishment. Id. art. 2314, 2315, 2317. Full provisions exist as to the settlement, administration, recovery, subject-matter, &c., of dowry and the rights of both parties therein, effect of insolvency of the husband, marital portion, &c., id. art. 2317-2354, 2358, 2359; as to the administration, fruits, &c. of the extra-dotal effects. Id. art. 2360-2368. The wife has a legal mortgage on her husband's immovables (which he may release by giving a special mortgage to the satisfaction of a family meeting, &c., or in accordance with stipulations in the marriage-contract); but it shall not to be lawful to stipulate that no mortgage shall exist, id. art. 2357; R. S. (1856,) p. 242, Tit. Husband and Wife; and a privilege on his immovables for the restitution of her dowry, &c. Id. art. 2355–2357, 2367, 3182, 3187. This is in lieu of dower, id. art. 3219, and is seventh in the order of preference. Id. art. 3221. A partnership, or community, of acquets or gains exists by operation of law in all cases. But the parties may modify or limit it, or agree that it shall not exist; in which case there are provisions, preserving to the wife the administration and enjoyment of her property and the power of alienating it as if paraphernal, with reference to the expenses of the marriage and liability of the husband. Id. art. 2312, 2369, 2370, 2393-2398. This community consists of the profits of all the effects of which the husband has the administration and enjoyment, either of right or in fact; of the produce of the reciprocal industry and labor of both husband and wife; and of the estates which they may acquire during marriage, either by donations made jointly to them both, or by purchase, or in any similar way, even though the purchase be in the name of one and not of both. Debts contracted during marriage enter into this partnership and must be acquitted out of the common fund; but those contracted before marriage, out of individual effects. The husband is the head and master of the community; administers its effects, disposes of the revenue, and may alienate by an unencumbered title, without the wife's consent. Id. art. 2371-2373. There are special provisions as to conveyances and dispositions of the community property and gains; effect of dissolution of marriage; ability of the wife to exonerate her

self from debts contracted during marriage by renouncing the partnership; effect of such renunciation; death; survivorship; separation a mensa et thoro; separation of property during coverture; rights of creditors, &c., id. art. 2373-2392, 2398-2412; R. S. 1856, p. 242, Tit. Husband and Wife; the absence of one party. Code, art. 65. Either party, by marriage-contract or during marriage, may give to the other all he or she might give to a stranger. R. S. 1856, p. 79, § 17. Property acquired in the State by non-resident married persons, whether the title is in the name of either or in their joint names, is subject to the same provisions as if owned by citizens of the State. R. S. p. 103. If husband or wife die intestate, without ascendants or descendants, his or her share in the community property is held by the survivor in usufruct for life; if the deceased intestate leave issue of the marriage, the survivor holds such issue's inheritance in usufruct till death or second marriage. R. S. pp. 103, 104. A married woman, in certain cases, may be authorized to contract debts and give mortgages; or renounce her rights in favor of third persons; or appoint an agent. R. S. pp. 560, 561, Tit. Woman.

MAINE.

In MAINE, a married woman holds as her separate property whatever she possessed before marriage, and whatever comes to her after marriage, unless purchased by the husband's money or coming from him so as to defraud his creditors, Acts of 1855, ch. 117; Public Acts of 1847, ch. 27, and has all the usual rights of a single woman as to it, Acts of 1848, ch. 73; R. S. ch. 115, §82; Acts of 1855, ch. 120, but cannot convey property received through the husband or his relatives unless he join. Acts of 1856, ch. 250. Her property is alone liable for her debts before marriage. Acts of 1852, ch. 291. Although under twenty-one years, she is of full age. Id. There are provisions as to a married woman being administratrix, or executrix, R. S. ch. 106, § 35; guardian, R. S. ch. 110, § 24; insane, id. ch. 112, § 1; Acts of 1853, ch. 6; whose husband is under guardianship, Acts of 1853, ch. 33; and the homestead, to the value of $500 is not liable for his debts, and goes to his widow and minor children. Acts of 1850, ch. 207. It is believed that the provisions for the wife upon abandonment by the husband (R. S. ch. 87), are superseded by the above provisions. Real estate may be conveyed to a wife by her husband as security for a bonâ fide debt, and this may be conveyed by her without his being joined in the deed. Acts and Resolves 1863, ch. 214. Letters of administration may be granted on her estate and all debts contracted for her benefit shall be paid by her executor and allowed him. She may engage in trade on her own account, and any contract made by her is valid and her property is liable to execution for her debts; his property is exempt in any such case unless he were a party to the contract. Id. ch. 77, 148.

MARYLAND.

In MARYLAND, if a married infant unite with her husband in a conveyance to release dower, courts of equity may declare it valid if equitable. Dorsey, Laws of