were unmarried; but a husband and wife can not contract to alter or dissolve the marriage or to relieve the husband from his liability to support his wife. [R. S., 2600, L. 1835, ch. 275, R. S., 2601, L. 1848, ch. 200, § 3, R. S., 2602, L. 1851, ch. 321, R. S., 2603, L. 1860, ch. 90, §§ 1, 2, 3, R. S., 2606, L. 1884, ch. 381, L. 1892, ch. 594. The commissioners believe that no substantial change is effected by the consolidation of several acts in this section.] § 22. Insurance of husband's life. A married woman may, in her own name, or in the name of a third person, with his consent, as her trustee, cause the life of her husband to be insured for a definite period, or for the term of his natural life. Where a married woman survives such period or term she is entitled to receive the insurance money, payable by the terms of the policy, as her separate property, and free from any claim of a creditor or representative of her husband, except, that where the premium actually paid annually out of the husband's property exceeds five hundred dollars, that portion of the insurance money which is purchased by excess of premium above five hundred dollars, is primarily liable for the husband's debts. The policy may provide that the insurance, if the married woman dies before it becomes due and without disposing of it, shall be paid to her husband or to his, her or their children, or to or for the use of one or more of those persons; and it may designate one or more trustees for a child or children to receive and manage such money until such child or children attain full age. The married woman may dispose of such policy, by will or written acknowledged assignment to take effect on her death, if she dies thereafter leaving no descendant surviving. After the will or the assignment takes effect, the legatee or assignee takes such policy absolutely. A policy of insurance on the life of any person for the benefit of a married woman, is also assignable and may be surrendered to the company issuing the same, by her, or her legal representative, with the written consent of the assured. [R. S., 2600, L. 1840, ch. 80, R. S., 2602, 2603, L. 1858, ch. 187, §§ 1, 2, R. S., 2604, L. 1870, ch. 277, R. S., 2605, L. 1879, ch. 248, without change of substance, except that with the consent of the assured any policy for the benefit of a married woman, whether on the life of a husband or not, is assignable. The legislature substituted for the words "a portion of the insurance money, equivalent to the aggregate excess with interest," the words, "that portion of the insurance money, which is purchased by excess of premium above $500.”] § 23. Contracts in contemplation of marriage.— A contract made between persons in contemplation of marriage, remains in full force after the marriage takes place. [R. S., 2601, L. 1848, ch. 200, § 4, § 24. Liability of husband for ante-nuptial debts.-A husband who acquires property of his wife by ante-nuptial contract or otherwise, is liable for her debts contracted before marriage, but only to the extent of the property so acquired. [R. S., 2662, L. 1853, ch. 576, § 2, without change of substance.] § 25. Contract of married wowan not to bind husband.— A contract made by a married woman does not bind her husband or his property. [R. S., 2604, L. 1860, ch. 90, § 8, § 26. Husband and wife may convey to each other or make partition. Husband and wife may convey or transfer real or personal property directly, the one to the other, without the intervention of a third person; and may make partition or division of any real property held by them as tenants in common, joint tenants or tenants by the entireties. If so expressed in the instrument of partition or division such instrument bars the wife's right of dower in such property, and also, if so expreseed, the husband's tenancy by courtesy. [R. S., 2605, L. 1880, ch. 472, § 1, § 27. Right of action by or against married woman for torts. A married woman has a right of action for an injury to her person, property or character or for an injury arising out of the marital relation, as if unmarried. She is liable for her wrongful or tortious acts; her husband is not liable for such acts unless they were done by his actual coercion or instigation; and such coercion or instigation shall not be precumed but must be proved. This section does not affect any right, cause of action or defense existing before the eighteenth day of March, 1890. [R. S., 3412, L. 1890, ch. 51, without change of substance.] § 28. Pardon not to restore marital rights. A pardon granted to a person sentenced to imprisonment for life within this state, does not restore that person to the rights of a previous marriage or to the guardianship of a child, the issue of such a marriage. [R. S., 2596, pt. II, ch. 8, tit. I, § 7, without change of substance.] § 29. Compelling transfer of trust property.- A person who holds property as trustee of a married woman, under a deed of conveyance or otherwise, on the written request of such married woman, accompanied by a certificate of justice of the supreme court, that he has examined the condition and situation of the property, and made inquiry into the capacity of such married woman to manage and control the same, may convey to such married woman all or any portion of such property, or the rents, issues or profits thereof. [R. S., 2601, L. 1849, ch. 375, ARTICLE IV. The Custody and Wages of Children. Section 40. Habeas corpus for child detained by parent. 41. Habeas corpus for child detained by Shakers. 42. Payment of wages to minor; when valid. Section 40. Habeas corpus for child detained by parent. - A husband or wife, being an inhabitant of this state, living in a state of separation, without being divorced, who has a minor child, may apply to the supreme court for a writ of habeas corpus to have such minor child brought before such court; and on the return thereof, the court, on due consideration, may award the charge and custody of such child to either parent for such time, under such regulations and restrictions, and with such provisions and directions, as the case may require, and may at any time thereafter vacate or modify such order. [R. S., 2607, pt. II, ch. 8, tit. II, §§ 1, 2, 3. The original law only allowed the wife to apply for the writ.] § 41. Habeas corpus for child detained by Shakers.- If it shall appear on such application, or the return of the writ, that the husband or wife of the applicant has become attached to the society of Shakers, and detains a child of the marriage among them, and that such child is secreted or concealed among them, the court may issue a warrant in aid of such writ of habeas corpus, directed to the sheriff of the county where the child is suspected to be, commanding such sheriff, in the day time, to search the dwelling-houses and other buildings of such society, or of any members thereof, or any other building specified in the warrant, for such child, and to bring him before the court, and the sheriff must forthwith execute such warrant. [R. S., 2607, pt. II, ch. 8, tit. II, §§ 4, 5, 6, without change of substance.] § 42. Payment of wages to minor; when valid.-Where a minor is in the employment of a person other than his parent or guardian, payment to such minor of his wages is valid, unless such parent or guardian notify the employer in writing, within thirty days after the commencement of such service, that such wages are claimed by such parent or guardian, but whenever such notice is given at any time payments to the minor shall not be valid for services rendered thereafter. [R. S., 2619, L. 1850, ch. 266, § 1. The requirement that the notice be in writing is new. The last clause authorizing the parent or guardian to fix a time after which the minor shall not be entitled to wages is new. It seems that a neglect to give the notice under the present law within thirty days after the commencement of the service emancipates the child as to his wages for the entire term of service.] ARTICLE V. Guardians. Section 50. Guardians in socage. 51. Appointment of guardians by parent. 52. Powers and duties of such guardians. 53. Duties and liabilities of all general guardians. Section 50. Guardians in socage.-Where a minor for whom a general guardian of the property has not been appointed shall acquire real property, the guardianship of his property with the rights, powers and duties of a guardian in socage belongs: |