Chapter 303. To amend the laws of the District of Columbia as to married women, to make parents the natural guardians of their minor children, and for other purposes
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CHAP. 303.— An Act To amend the laws of the District of Columbia as to married women, to make parents the natural guardians of their minor children, and for other purposes.June 1, 1896. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the property, real and District of Columbia. Married women. Absolute right to property acquired. R. S. D. C., sec. 727, p. 87, amended. personal, which any woman in the District of Columbia may own at the time of her marriage, and the rents, issues, profits, or proceeds thereof, and real, personal, or mixed property which shall come to her by descent, devise, purchase, or bequest, or the gift of any person, shall be and remain her sole and separate property, notwithstanding her marriage, and shall not be subject to the disposal of her husband or liable for his debts, except that such property as shall come to her by gift of her husband Gifts from husband. shall be subject to, and be liable for, the debts of the husband existing at the time of the gift.
Sec. 2. That a married woman, while the marriage relation subsists, Power of disposal, contracts, etc. may bargain, sell, and convey her real and personal property, and enter into any contract in reference to the same in the same manner, to the same extent, and with like effect as a married man may in relation to his real and personal property, and she may, by a promise in writing, expressly make her separate estate liable for necessaries purchased by her or furnished at her request for the family.
Sec. 3. That any married woman may carry on any trade or business, Right to trade, etc. occupation or profession by herself, or jointly with others, and perform any labor or services on her sole and separate account, and the earnings of any married woman from her trade, business, profession, occupation, labor, or services shall be her sole and separate property, and may be used and invested by her in her own name. Sec. 4. A married woman may contract, and sue and be sued in her Right to contract, etc.
R. S. D. C., sec. 729, p. 87, amended. own name in all matters having relation to her sole and separate property, in the same manner as if she were unmarried; and her husband shall be joined with her, when the cause of action is in favor of or against both her and her husband. Sec. 5. Neither the husband nor his property shall be bound by any Husband not liable under wife’s contract. R. S. D. C., sec. 730. p. 87. such contract, made by a married woman, nor liable for any recovery against her in any such suit, but judgment may be enforced by execution against her sole and separate estate in the same manner as if she were unmarried, but she shall be entitled to all the benefits of all exemptions to the heads of families or householders. 194FIFTY-FOURTH CONGRESS.
Sess. I. Chs. 303, 304. 1896. Sec. 6. That nothing in this Act contained shall invalidate any marriage Marriage settlements, etc. settlement or contract. Sec. 7. That the husband shall not be liable for the payment of the Antenuptial debts. wife’s antenuptial debts, but she shall be liable to all remedies for the recovery of such debts, to be enforced against her and her separate property as if she were unmarried. Sec. 8. That the father and mother shall be the natural guardians Father and mother to be guardians of children. of the person of their minor children.
If either dies or is incapable of acting, the natural guardianship of the person shall devolve upon the other: *Provided, however,* That in case of the death of either parent *Proviso.* Guardian of property permitted. from whom the said children may inherit, or take by devise or bequest, the said parent may, by deed or last will and testament, appoint a guardian of the property of the children, subject to the approval of the proper court of the District of Columbia. Sec. 9. That the survivor may by last will appoint a guardian of the Appointment of guardian. person and property of any of the children, whether born at the time of making the will or afterwards, to continue during the minority of the child, or for a less time, subject at all times to removal for cause and appointment of another by the proper court.
Sec. 10. That dower shall hereafter be assigned to a widow entitled Dower in equitable and legal estates. to the same in the equitable as well as the legal estate of her deceased husband. Sec. 11. That sections seven hundred and twenty-seven, seven hundred Repeals. and twenty-nine, and seven hundred and thirty of the Revised Statutes of the United States for the District of Columbia, be and the same are hereby repealed. Approved, June 1, 1896.