Chap. 329.—An ACT securing to married women, on conditions, all
property acquired by them before or after marriage.

Approved April 4, 1877.

1. Be it enacted by the general assembly, That the real
and personal property of any female who may hereafter
marry, and which she sball own at the time of her marriage,
and the rents, issues, and profits thereof, and any property,
real or personal, acquired by a married womap, as a separate
and sole trader, sball not be subject to the disposal of her
husband, nor be liable for his debts, and shall be and continue
her separate and sole property; and any such married wo-
man shall have power to contract in relation thereto, or for
the disposal thereof, and may sue and be sued as if she were
a feme sole: provided that her husband shall join in uny con-
tract in reference to her real or personal property, other.than
such as she may acquire as a sole tracer; and shall be joined
with her in any action by or against her: and provided fur-
ther, that nothing herein cuntained sball deprive her of the
power to create, without the concurrence of her husband, a
charge upon such sole and separate estate as she would be
empowered to charge without the concurrence of her hus-
band if this act had not been passed.

2. All real and personal estate'hereafter acquired by any
married woman, whetber by gift, grant, purchase, inherit-
ance, devise, or bequest, shall be and continue her sole and
separate estate, subject to the provisions and limitations of
the preceding section, although the marriage may have been
solemnized previous to the passage of this act; and she may
devise and bequeath the same as if she were unmarried; and
it shall not be liable to the debts or liabilities of her husband:
provided, that nothing contained in this act shall be con-
strued to deprive the husband of curtesy in his wife’s real
estate, to which he may be entitled by the laws now in force:
and provided further, that the sole and separate estate cre-
ated by any gift, grant, devise, or bequest, shall be held ac-
cording to the terms and powers, and be subject to the pro-
visions and limitations thereof, and to the provisions and
limitations of this act, so far as they are in conflict therewith.

3. Any married woman may, in her own name, or by her
next friend, file a bill in equity in any court having jurisdic-
tion over the subject matter, in the event of her husband’s
refusing or being incompetent to unite in the conveyance or
disposal of her separate estate; and if the court shall be of
the opinion that the interest of the married woman will be
promoted by a sale thereof, may make such decree as may be
necessary to convey absolute title thereto.

4. This act shall be in force from its passage.