



Produced by Garrett Alley, and the Online Distributed Proofreading Team.






LEGAL STATUS

OF

WOMEN IN IOWA.

COMPILED BY

JENNIE L. WILSON, LL. B.

Member of the Polk County Bar.

DES MOINES:
IOWA PRINTING COMPANY.
1894.




Preface.


This book has been prepared for the purpose of presenting to the women
of Iowa, in a brief and concise form, those laws which pertain to
subjects in which they are most deeply interested, and about which there
is a strong and growing demand for certain and accurate information.

In this age of general intelligence, when learning in some degree is so
readily attainable, the maxim, that "Ignorance of the law excuses no
one," has a measure of justice in it, which could not be claimed for it
in former times, and it is most certainly true that, "As the subjects of
law, if not as its makers, all ought to know enough to avoid its
penalties and reap its benefits."

Every woman should understand the law of her own state concerning
marriage, divorce, the care and custody of children, and the mutual
rights and duties of husband and wife incident to the marriage relation.
She should know something of the law of minors and guardianship, of
administration, and descent of property, and her knowledge should
certainly embrace that class of crimes which necessarily includes her
own sex, either as the injured party, or as _particeps criminis_.

In the arrangement of this work, a very brief synopsis of the common law
upon these subjects is given, as the principles of the common law
underlie our entire statute law, and a knowledge of the former is
absolutely essential to render much of the latter intelligible. The
statute law of the state has been given in the exact words of the
statutes, with but few exceptions, and the explanations or notes
following these have been gathered from decisions of our supreme court.
The references are to sections of McClain's Annotated Code and
Supplement.

The design of the work is not broad enough to give to the most careful
reader that knowledge of the _minutiae_ of the law necessary in the
application of its principles to particular cases and under a special
state of facts. It is in nowise adequate, even though its contents
should be thoroughly mastered, to make every woman her own lawyer, in
matters where she would otherwise require legal advice, but it is hoped
that its statements are sufficiently plain and free from technical
phraseology and legal terms, that even the casual reader may readily
comprehend them, and be able to gain a general understanding of the law
of our state upon these subjects.

J.L.W.

Des Moines, Iowa, May 1894.




TABLE OF CONTENTS.


CHAPTER I.

SYNOPSIS OF COMMON LAW.
Common law in force--Changes--Marriage--Dissolution of marriage--Power
of husband--Disabilities of wife--Custody of children--Property
rights--Descent of property--Discrimination in criminal matters--Right
of appeal--Reason for subjection of women


CHAPTER II.

MARRIAGE.
Contract of marriage--Legal age--No express form necessary--Who may
solemnize--When void


CHAPTER III.

HUSBAND AND WIFE.
Property rights of married women--Remedy by husband or wife against the
other--Wife's torts--Conveyances to each other--Conveyances to third
parties--Wages of wife--Contracts of wife--Family expenses--Removal from
homestead--Conveyance of property when husband or wife is insane


CHAPTER IV.

DIVORCE, ANNULLING MARRIAGES AND ALIMONY.
Jurisdiction of court--Evidence--Causes for divorce--Husband from
wife--Maintenance during litigation--Alimony--Custody of
children--Annulling illegal marriages--Causes--Legitimacy of children


CHAPTER V.

MINORS AND GUARDIANSHIP.
Majority--Contracts of minors--Natural guardians--Guardians of
property--Powers and duties of guardian--Guardians of drunkards,
spendthrifts and lunatics


CHAPTER VI.

APPRENTICING AND ADOPTION OF CHILDREN.
Method of apprenticing--Schooling and treatment of minors--Who may
adopt--Method and effect of adoption--Home for the friendless--Powers


CHAPTER VII.

WILLS AND LETTERS OF ADMINISTRATION.
Who may make wills--Of what property--Verbal wills--Wills in
writing--Revocation--Cancellation--Executors--Administration--Who
entitled--Time allowed


CHAPTER VIII.

SETTLEMENT OF THE ESTATE--DESCENT AND DISTRIBUTION OF PROPERTY.
Exempt personal property--Life insurance--Allowance to widow and
children--Descent and distribution--Personal property--Real
property--Dower--Curtesy--Widow's share not affected by will--Descent to
children--To parents--To wife and her heirs--Illegitimate children
inherit from mother--When they may inherit from father--When father may
inherit from child


CHAPTER IX.

HOMESTEAD AND EXEMPTIONS.
Homestead exempt--Family defined--Conveyance or encumbrance--Liability
for taxes and debts--What constitutes homestead--Exemptions to head of
family--Insurance--Personal earnings--Pension money--Damages producing
death


CHAPTER X.

CRIMINAL LAW--ILLEGITIMATE CHILDREN.
Rape--Intent to commit--Compelling to marry--Carnal knowledge--Producing
miscarriage--Enticing female child--Seduction--Marriage a bar to
prosecution--Adultery--Evidence in cases of rape or
seduction--Bigamy--Lewdness--Houses of ill fame--Penalty for
prostitution--Incest--Illegitimate children--Support of--Rendered
legitimate by marriage of parents


CHAPTER XI.

MISCELLANEOUS PROVISIONS.
Damages under prohibitory liquor law--Parties in actions for
seduction--In actions for injury to minor child--Married women--When
husband or wife deserts family--Husband or wife as
witness--Communications between husband and wife--Women eligible to
office--Police matrons--Right of suffrage


CHAPTER XII.

CONCLUSION.
Common law in Iowa--Law will not always protect married women--It may
cause hardship and suffering--Change or modification needed




Common Law


CHAPTER I.

SYNOPSIS OF COMMON LAW.

[Sidenote: Common law in force.]

Until a comparatively recent period the laws of England in force at the
time of the independence of the American colonies, relating to married
women, the mutual duties of husband and wife, their property rights and
the care and custody of children, were everywhere in force in this
country except in those states which were originally settled by other
nations than the English.

[Sidenote: Changes.]

The agitation of the last fifty years, caused by the demand for equality
in educational opportunities and in professional, business and trade
relations, as well as for the legal and political recognition of women,
has brought about great changes in these laws, until they are in many
instances almost entirely superseded by statutory enactments more in
accordance with the spirit of justice and in greater harmony with the
requirements of a higher form of civilization. In many states they have
reached a condition in which the legal status of husband and wife is
nearly, if not wholly, one of equality.

[Sidenote: Basis of statue law.]

It must always be borne in mind, however, that the common law is the
foundation upon which almost the entire structure of our American
system of jurisprudence is based, although it is claimed that it has
only been recognized by our courts so far as it has been "applicable to
the habits and conditions of our society and in harmony with the genius,
spirit and objects of our institutions." As it became apparent from time
to time that it was not thus applicable, or where it failed to meet the
requirements of the changed conditions of society the strictness of its
rules was relaxed by giving to them a broader construction, or, when
this could not be done, they were modified or entirely changed by
statute.

[Sidenote: Marriage]

Marriage was regarded by the common law as a civil contract and might be
entered into legally by a boy of fourteen or a girl of twelve years of
age, provided they were under no legal disability to contract marriage.
This was called the age of consent, or discretion, and a marriage
contracted prior to this time was inchoate only, and might be repudiated
by either party upon arriving at the legal age. If one of the parties
was above and the other under the required age, the marriage might still
be disaffirmed by either. If after reaching the age of consent the
parties continued to live together as husband and wife, this would be
regarded as an affirmance of the marriage.

[Sidenote: What constitutes.]

The mutual consent of the parties themselves, followed by cohabitation,
was sufficient to constitute a legal marriage, without the observance of
any formalities. The formal ceremonies provided by statute for the
celebration of marriages, and the penalties imposed upon clergymen and
others who married those who had not complied with these formalities,
were solely for the purpose of providing a convenient and certain proof
of marriage, should it be afterwards necessary to establish that fact
by evidence, rather than to invalidate marriages which would otherwise
be legal.

[Sidenote: Dissolution of marriage.]

Having established the marriage relation, it could only be dissolved by
death or divorce granted by act of parliament, or, in this country after
the declaration of independence, by act of legislature.