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