Effect of decree of nullity on issue. In other cases, Prohibition. Process. Effect of divorces the State. OF HUSBAND AND WIFE. CHAPTER 76. metes and bounds; and the court may appoint commissioners to execute any order in the premises, and may issue writs of possession, as in case of land sold on execution process. SEC. 11. In case of a marriage declared void from the beginning, for either of the causes, other than insanity, mentioned in Section 2, the issue of such marriage shall be deemed to be illegitimate; except that when the marriage is dissolved because of a prior marriage of either party, if the second marriage was contracted in good faith, in the reasonable belief of the former husband, or wife's death, the fact shall be stated in the sentence of nullity; and the issue of the second marriage shall be deemed to be the legitimate issue of the parent who was capable of contracting the marriage. In no other case shall a decree of divorce affect the legitimacy of children; and the court shall take such order for the distribution, care and maintenance of the children, as is just and reasonable, and may revise and change such order, as occasion may require. SEC. 12. The husband, or wife, who shall have been guilty of adultery, shall not marry the person with whom the said crime was committed. SEC. 13. The court, in the execution of the powers conferred by this chapter, may employ such compulsory process as they may deem proper. any SEC. 14. When an inhabitant of this State shall into go other granted out of jurisdiction to obtain a divorce for any cause occurring here; or for any cause which would not authorize a divorce by the laws of this State; a divorce so obtained shall be of no force or effect, in this State. Chap. 243, vol.19. In all other cases, a divorce decreed in any other State, or country, according to the law of the place, by a court having jurisdiction of the cause, and of both the parties, shall be valid in this State. [SEC. 15. No divorce from the bonds of matrimony shall be deDivorce of non- creed by the court when the cause assigned therefor in the petition occurred out of this State and the petitioner was a non-resident thereof at the time of its occurrence, unless for the same or like cause such divorce would be allowed by the laws of the State or country in which it is alleged to have occurred.] residents. CHAPTER LXXVI. OF HUSBAND AND WIFE. SEC. 1. Husband liable for deserted wife or 2. A wife may convey lands. 3. May insure on her husband's life. Not exceeding $150 per annum. 4. Insurance may be payable to children, &c. SEC. 4. Act for the benefit of married women. al OF HUSBAND AND WIFE. CHAP. 76. CHAP. 572. VOL. 12. SECTION 1. If a husband desert his wife, or children, he shall be Husband's liable as is provided in chapter 48. SEC. 2. A married woman may convey lands, as is provided in Chapter 83. liability for deserted wife, &c. may insure her for her own use. SEC. 3. A married woman may, in her own name, or otherwise, Feme covert effect insurance for her sole use, on the life of her husband, for any husband's life definite period, or for the term of his life; and if she survive him, the sum due upon such insurance, shall be payable to her, for her own use, free from the claims of the creditors, or representatives, of Limitation. her husband; but such exemption shall not apply where the amount of premium, annually paid, shall exceed one hundred and fifty dollars. In case of the wife's death before the husband, the amount of May be made such insurance may be made payable to her children, or grand chil- payable to children. dren, etc CHAPTER 572, VOL. 12, LAWS OF DELAWARE. AN ACT FOR THE BENEFIT OF MARRIED WOMEN. of a married woman shall not to husband's Wife not to sell SECTION 1. That the real estate, mortgages, stocks and silver plate belonging to any Certain property married woman at the time of her marriage, or to which she may become entitled at any time, during her coverture, shall remain and continue to be her sole and separate be subject to the disposition of property, and shall not be subject to the disposition of her husband by alienation, trans- her husband. fer, assignment or otherwise; or be liable to the debts or contracts of her husband, ex- Not to be liable cept where such debts are judgments recovered against him for her liabilities before debts marriage: Provided, that nothing in this section shall be construed to authorize the Exception. wife to sell or otherwise dispose of her real estate, mortgages, stocks or silver plate without consent without her husband's consent, evidenced by writing under his hand and seal, or to of husband. What consent authorize her to create any incumbrance upon her real estate, or to dispose of the rents, necessary. issues and profits thereof, or the interest upon her mortgages or dividends or other in- Husband's rights come arising from her stocks, without his consent, evidenced in the same manner; as tenant by And provided further, that nothing herein contained shall be construed to affect, in be affected. any manner, the rights of the husband, (if he survive the wife,) as tenant by the courtesy in the real estate of his wife. Courtesy not to consent the wife may invest cer her owr. name. SEC. 2. That if the money secured to be paid by any mortgage or mortgages belong With husband's ing to any married woman shall be paid during her coverture, or if with the consent of her husband as aforesaid she shall dispose of her real estate or stock, she may, with tain money in the consent of her husband, as aforesaid, invest in her own name the money so paid upon her mortgages, or arising from the sale of her real estate or stock, in other real estate or in stocks, or loan the same on mortgage or mortgages, and such investment or loan shall be her sole and separate property and subject to all the provisions of Section I of this act. SEC. 3. That all laws and parts of laws of this State inconsistent with the provisions of this act be and the same are hereby repealed, made null and void. Passed at Dover, March 17, 1865. May be taken OF HUSBAND AND WIFE. CHAP. 76. ADDITIONAL ACTS. CHAPTER 80, VOL. 14, LAWS OF DELAWARE. AN ACT TO SECURE TO MARRIED WOMEN CERTAIN OF THEIR SECTION 1. That money or other property held or acquired by a married woman, Money of married woman, living separate from and not supported by her husband, and which has been kept separseparate from her husband not ate from and can be distinguished from the money or property of the husband, shall considered property of husband, not be deemed his property or taken for his debts so long as they shall live separate and he fail to support her in whole or in part; but such property may be taken for debts for debts conand liabilities contracted or incurred by such married woman whilst so living apart from tracted by such married woman. her husband, and for the recovery thereof she may, whilst her separation continues, be sued as a single woman, and may sue in her own name and for her own use for debts Chap. 611, vol. 17. contracted and liabilities incurred to her, [or for the redress of her personal wrongs, She may be sued torts, or private injuries.] For her indebtedness and liabilities, contracted or incurred as a single woman. If they again cohabit, husband liable for her debts. Chap. 165,vol.15. married woman. Rents, &c. Judgment against. Wages. Prosecution and whilst living separate from him without his default, he shall not be liable, otherwise he shall be responsible for them to the same extent that he is now responsible by law. In case they again cohabit, he shall be responsible for all her debts and liabilities contracted or incurred during such separation. Passed at Dover, March 23, 1871. CHAPTER 550, VOL. 14, LAWS OF DELAWARE. AN ACT FOR THE PROTECTION OF WOMEN. [SECTION 1. That the real and personal property of any married woman, which has been heretofore acquired, is now held, or which she may hereafter acquire in any manner whatsoever, from any person other than her husband, shall be her sole and separate property, and the rents, issues and profits thereof shall not be subject to the disposal of her husband, nor liable for his debts.] SEC. 2. That all debts contracted before marriage by the wife, or by her authority after marriage, shall be a charge on her real and personal property, and a judgment therefor may be recovered against her in her name. SEC. 3. That any married woman may receive the wages of her personal labor not performed for family, maintain an action therefor in her own name, and hold them in her own right against her husband or any other person; she may deposit the same, or any other money belonging to her, in her own name in any bank, savings bank, or other institution for the safe keeping of money, subject to her sole right and authority to withdraw the same in whole or in part at any time without the consent or control of her husband, and upon the payment to her by any bank, savings bank or other institution for the safe keeping of money, of any moneys so deposited, they shall be exonerated from any further liability therefor. SEC. 4. That any married woman may prosecute and defend suits at law or in equity defense of suits. for the preservation and protection of her property as if unmarried, or may do it jointly Husband cannot with her husband, but he alone cannot maintain an action representing his wife's propsue alone respecting her erty; and it shall be lawful for any married woman to make any and all manner of conproperty. tracts necessary to be made with respect to her own property, and suits may be mainContracts. tained on such contracts as though the party making them was a femme sole. Will. Chap. 165, vol. 15. SEC. 5. That any married woman of the age of twenty-one years and upwards may **** dispose of her property, both real and personal, by will; but such disposal shall notaffect the rights of the husband as tenant by the courtesy; and if she die intes OF HUSBAND AND WIFE. CHAP. 76. ADDITIONAL ACTS. tract. tate, her property, both real and personal, shall descend to her heirs as now provided by Descent. law, and administration and distribution shall take place accordingly, but a husband and wife, by a marriage contract executed in the presence of two witnesses before marriage, Marriage conmay determine what rights each shall have in the other's estates during marriage and after its dissolution by death, and may bar each other of all rights in their respective estates not so secured to them, and if any married woman shall die intestate without hav- Women dying ing had any lawful issue, then and in that case her husband shall be entitled to hold issue. one-half part of all her real estate after the payment of all her just debts for and during the term of his natural life. intestate without SEC. 6. That any married woman may release to her husband the right to control her Release. property, or any part of it, and to dispose of the income thereof for their mutual benefit, and may, in writing, revoke the same. SEC. 7. Thall all acts and parts of acts inconsistent with this act be and they are hereby repealed. [SEC. 8. That any executrix or administratrix, being a married woman, shall have as Chap. 165,vol.15. full power to act in such representative capacity as though she was a feme sole and the Executrix, &c., being married fact of marriage shall not give her husband any right to participate in any manner in woman, may act the management, direction and settlement of the estate of the deceased, nor shall he be liable for any act or default of hers as such executrix or administratrix, unless he is party to her bond, as such. as a feme sole. Husband not to a participate. No liability unless party to her bond. Married woman may secure pur SEC. 9. That where a married woman becomes a purchaser of real estate, she may [SEC. (10.) That it shall and may be lawful for husband and wife to testify in all civil CHAPTER 772, VOL. 19, LAWS OF DELAWARE. AN ACT TO ENABLE MARRIED WOMAN TO SELL AND CONVEY not consent. Chap. 126, vol. 16. May give bond and warrant. Proviso. Chap. 260, vol. 19. Husband and wife to testify in certain cases. WHEREAS it often happens that married women, owning real estate in their own Preamble. right, are deserted and abandoned by their husbands and left to support themselves and their children by their own means and efforts: AND WHEREAS such married women are unable to sell and convey by good and marketable title discharged from their husband's incohate right by courtesy their said real estate, to the great embarrassment and hardship of such married women, now therefore, for remedy thereof, SECTION 1. That every married woman so abandoned by her husband without just Abandoned mar cause, and being the owner in her own right of real estate in this State, and not ac- sell real estate ried woman may quired through her husband or with his means, shall have full power to sell or other- held in her own right. wise dispose of the same as effectually to all intents and purposes as if she were a single Woman. SEC. 2. Conveyances made in pursuance of this act shall be acknowledged before Conveyances under this act, before whom to be acknowledged Certificate of abandonment. Deed effectual OF PARENTS AND CHILDREN. CHAPTER 77. the chancellor, chief justice, or resident judge of the county in which the lands lie; and in addition to the certificate that it is the act and deed of the party signing the same, the chancellor, chief justice, or resident judge shall, further certify that it had satisfactorily appeared to him that the party executing the same had been abandoned by her husband without just cause. SEC. 3. A deed so executed and certified and recorded in the county in which the when executed, lands lie shall be as good and effectual to all intents and purposes whatsoever as if the grantor executing the same were a single woman. certified and recorded, Passed at Dover, April 11, 1893. Liability of relatives. Power to bind children. Liability of father of bastard child. Chap. 768, vol. 19. CHAPTER LXXVII. OF PARENTS AND CHILDREN; AND OF THE MAINTENANCE OF CHILDREN. SEC, 10. Appeal from an order of filiation. Recognizance on appeal; supersedeas, 11. Recognizance of witness. Record to be sent to clerk of the Causes of appeal to be filed. 12. Paternity to be tried by a jury. 14. Clerk to certify affirmance to justice. 16. Costs in bastardy cases; how paid SECTION 1. Parents and children shall be liable for each other's support as is provided in chapter 48. SEC 2. Parents shall have power to bind their children as apprentices, or servants, as is provided in chapter 79. SEC. 3. The father of a bastard child shall be bound to pay the trustees of the poor of either county all charges they shall incur for maintenance, or otherwise, of such child whilst under [ten] How enforced. years old. They may recover the same as any other debt; or by means of any bond of indemnity, given to secure them, under the provisions of section 7 of this chapter. Proceedings in Warrant. Form. SEC. 4. When a woman being pregnant with, or who has been delivered of a bastard child, shall discover the father, upon oath before a justice of the peace, the justice shall issue a warrant to any constable for the arrest of the person so charged; and such warrant may be served in any county. The proceeding shall be in the name of the State, and the warrant of arrest in form as in other criminal cases; but cases of bastardy may be tried in either county. |