guardian if appointed to those offices by will, but she can not be appointed to them by the court except to the guardianship of children.[1]
In case of divorce for fault of the husband the wife may have dower as if he were dead. If alimony be claimed the dower is waived. If the divorce is for the fault of the wife, the husband, if entitled to curtesy, shall have a life estate in the lands of the wife, subject to such allowance to her, chargeable on the life estate, as the court may deem proper. In case of separation only, the petitioner may be assigned a separate maintenance out of the property of the husband or wife as the case may be.
The father is the legal guardian of the minor children. At his death the mother is entitled to the guardianship and custody. The mother may be appointed guardian by the court during the husband’s lifetime. If he is insane or has deserted or neglected his children she is entitled to full custody.
If the wife is deserted by her husband unjustifiably and not supported by him, she may receive authority from the court for the custody and earnings of her minor children, and he may be imprisoned not less than six months nor more than three years. If he abandon her and is absent from the State one year or more or is condemned to prison for a year or more, the court can order the income from his property applied to the support of his family.
A law of 1896 provided that a wife owning property might contract in writing for the support of her husband and children, but this was repealed in three months. She is not required to support them by her labor or property, as the husband is the legal head of the family.
The most of the above laws have been enacted since 1892.
Until 1889, 10 years was the age for the protection of girls, but then it was made 14 years, with a penalty of not less than ten years’ imprisonment. In 1894 it was raised to 16 and the penalty made not more than fifteen years with no minimum number specified. The former penalty still holds, however, for actual rape.
Suffrage: Women have no form of suffrage. The husband may vote as a taxpayer by right of his wife’s real estate.
Office Holding: Eligibility to office is limited by the con-
- ↑ The right to be appointed by the court was given to married women by Act of 1902.
