Page:History of Woman Suffrage Volume 1.djvu/717

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Married Women’s Law of 1860.
687

spirit of the times. In one of Miss Anthony's interviews with Mr. Colvin, she handed him a very radical bill just introduced in the Massachusetts Legislature, which after due examination and the addition of two or three more liberal clauses, was accepted by the Committee, reported to the Senate by Mr. Colvin, and adopted by that body February 28, 1860.[1] The bill was concurred in by the Assembly, and signed by the Governor, Edwin D. Morgan. It is quite remarkable that the bill in its transit did not receive a single alteration, modification, or amendment from the time it left Mr. Colvin's hands until it took its place on the statute-book. The women of the State who labored so persistently for this measure, felt that the victory at last was due in no small degree to the deep interest and patient skill of Andrew J. Colvin. Hon. Anson Bingham, chairman of the Judiciary Committee, who did good service in the Assembly at this time, should be gratefully

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    of such applicant has willfully abandoned his said wife, and lives separate and apart from her, or that he is insane, or imprisoned as a convict in any state prison, or that he is an habitual drunkard, or that he is in any way disabled from making a contract, or that he refuses to give his consent without good cause therefor, then such court shall cause an order to be entered upon its records, authorizing such married woman to sell and convey her real estate, or contract in regard thereto without the assent of her husband, with the same effect as though such conveyance or contract had been made with his assent. § 7. Any married woman may, while married, sue and be sued in all matters having relation to her property, which may be her sole and separate property, or which may hereafter come to her by descent, devise, bequest, or the gift of any person except her husband, in the same manner as if she were sole. And any married woman may bring and maintain an action in her own name, for damages against any person or body corporate, for any injury to her person or character, the same as if she were sole; and the money received upon the settlement of any such action, or recovered upon a judgment, shall be her sole and separate property. § 8. No bargain or contract made by any married woman, in respect to her sole and separate property, or any property which may hereafter come to her by descent, devise, bequest, or gift of any person except her husband, and no bargain or contract entered into by any married woman in or about the carrying on of any trade or business under the statutes of this State, shall be binding upon her husband, or render him or his property in any way liable therefor. § 9. Every married woman is hereby constituted and declared to be the joint guardian of her children, with her husband, with equal powers, rights, and duties in regard to them, with the husband. § 10. At the decease of husband or wife, leaving no minor child or children, the survivor shall hold, possess, and enjoy a life estate in one-third of all the real estate of which the husband or wife died seized. § 11. At the decease of the husband or wife intestate, leaving minor child or children, the survivor shall hold, possess, and enjoy all the real estate of which the husband or wife died seized, and all the rents, issues, and profits thereof during the minority of the youngest child, and one-third thereof during his or her natural life.

  1. On the final passage of the bill the following Senators, as The Journal shows, voted in favor of the measure, viz: Senators Abell, Bell, Colvin, Conally, Fiero, Goss, Hillhouse, Kelly, Lapham, Sessions, Manierre, Montgomery, Munroe, P. P. Murphy, Truman, Prosser, Ramsey, Robertson, Rotch, Warner, Williams — 21.