MAINE STATE LEGISLATURE
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\
THE ."
REVISED STATUTES
OF THE
STATE OF MAINE,
PA,.SSED JANUARY 25. 1871;
TO WHICH ARE PREFIXED
THE CONSTITUTIONS
OF THE
UNITED STATES ilTD OF. THE STATE OF MAINE:
WITH AN APPENDIX.
BY AUTHORITY OF THELEGISL.!.TURE ..
PORTLAND:
PUBLISHED BY BAILEY & NOYES.
·
, .
TITLE V.]
491
RIGHTS OF MARRIED WOMEN.
CHAP.
61.
CHAPTER 61.
RIGHTS OF ,MARRIED WOMEN.
SEC. 1.,
2.
3.
4.
5.
,6.
7.
8.
9.
10.
11.
A. married woman may acqnire and dispose of property, exceptions.
Marriage does not vary her rights of property.
She may receive wages of her Jabor, Dot in the family. ,
Her husband Dot liable for ,her debts contracted bilfore marriage, or after; bnt
she and her property, bnt not her body, liable as if sole.
She'may sne and be sned in relation to her property as if sole, bnt not liable
to arrest.
Wife dying in~estate, her estate descends to her heirs; bnt hnsband and wife
may make marria~e settlement.
Wife;wheIi husband' absconds, or is in state prison, may mike contractsnnder
anthority' from court.
Her contracts so made, binding; she may sne and be sned on them, aud they
may he enforced.
Damages awarded for real estate of wife invested for her use. '
Wife coming from another state witjJ.Ont her hnsband, powers.
Wife's expenses fodast sickness to be paid from her estate.
SEC. 1~' A married woman, of any age, may own in her own right Rights'ofma~­
real and personal estate acquired by descent, gift,:or purchase; and ~;fa. ~~d~is_to
may manage, seU',convey, and devise , the sfJ-me by will, witho,ut
the pose
ofEP:OP'
erty.
xcepjoinder or assent of her husband; but real estate directly or indirect- tions.
'd £ by h"1m, or given
.
R. S. c. 61, § 1.
ly conveye d to 'h,er 1)y h er h us ban d",or paloI'
or 1861,
c. 46.
•
ti
. d to h er b' y.his'
re1aves,.
canno't be conveye d by h er Wl'thout 1863 ' c. 214
d eVlse
the joinder of her husband in such conveyance; except real estate
conveyed to her as security or in payinent of a bona fide debt actually
due to her from her husband; When paymen~ was paid for property'
conveyed to her from the property of her husband; or it was conveyed
by him to her without a valuable consideration made therefor, it
may be taken as the property of her husband to pay his debts contI'acted before such purchase. (a)
SEC. ~2. A worp.an, having property, is not deprived of ariy part A. woman do~s
, and a
of it by her' marriao"e, since, the act approved March twenty-two, Dhotblose
us an d does
eighteen hUndred and forty-four was in force; and a husband, by n.ot acquire
. ..
.
.
. ht to any property. 0 f h'IS prop~rty
nghts to her
marl'lage
SInce
th
at '
tIme, acqUIres
no rig
by
wife. His rights acquired before that time are not affected by th.e ~,as~I~~:i, § 2.
provisions of this chapter. A married woman may release to her 48 Me., 266. '
husband the right to control her property, or any part of it, and to
dispose of the income thereof for their mutual benefit, and may in
writing revoke the same.
0 :
I
'(al27 Me. 129; 31 Me. 562; 321tIe. 32; 34 Me. 148, 540. 566; 351tIe. 427; 36 Me. 64,
84; 37 Me. 394, 397; 41 Me. 568; 43 Me. 186; 45 Me. 438, 479; 47 Me. 132, 330; 48 "1tIe.
178,344; 49 Me. 479; 50 Me. 90, 371; 51 Me. 40, 2406, 3408, 355; 518; 53 Me. 45; 54 Me•
. 156; 55 Me. 1840, 241.
492
RIGHTS OF MARRIED WOMEN.
[TITLE V.
CHAP. 61.
SEC. 3. She may rec~ive the wages of her personal iabor, not
She may
performed for her own family, maintain an action therefor in her own
receiveof'her
the
.
. h er own l'lght
.
wa"es
name,
an d hId
0
t h em m
against her husband or any
lab~r, not in
h'
the family.
ot er person.
.
R. S. c. 61, § 3.
SEC. 4. A husband married since April twenty-six, eighteen hunWa~s~~~~~ not dred alid fifty-two, is not liable for the debts of his wife con:tracted
1\ife's debdts before marriage, nor for those contracted after, in her own name, for
contracte be - '
~
"
.
fore 9r after any lawful purpose; but she is liable in both cases; a suit may be
marrIage' but
she and her maintained against her, or against her and her husband therefor; and
~~~Phe~I~O~;~ her property may be attached and taken on execution for such debts
~~~~eas if
if she was sole; but she camiot be arrested. (a)
R ' S. c. 61, § 4. . SEC. 5. She may prosecute and defend suits at law or in equity
.
Sh e may sue
aud ?e sued for the preservation and protection of her property, as if unmarried,
relative
d0 It
. Jomt
.. Iy WIt
. h h er h usb an d ; nelt
. h er of them can be
propertytoasher
if or may
sole, but
not arres t ed on suchWI'I
' t or execu t'lOn; nor can h
' t am
. an
liablc
to alTest.
e .a
one l
maID
R. S. c. 61, § 3. action respectin IT his wife's property
33 Me. 196.
'"
•
3~6- ¥re. ~6967'
SEC.
6.
When
a
married
woman
dies intestate, her property
4 llle. ~ •
55 Me. 358.
descends to her heirs; and administration and distribution may take
~~~t~re"t~r place accordingly; but a hJisband and wife, by a marriage ~ettlement
~~~~~s ~~ her executed in the presence of two witnesses before marriage, may
heirs, but ~~- determine what rights each shall have in the other's estate during the
band and wue
rna! a~rnnge marriage, and after its dissolution by death; and may bar each other
theIr
nghts
. t h'
h
marriage
set-by 0 fall'
l'lgh ts III
ell' respec ti ve esta t es not so secure d to tern.
~~S.e~\l,
SEC. 7. When a husbapd abandons his wife and leaves the state,
1~ t~: 250.
without making su:ffici~t provision for her maintenance, or is confined
Wife author-; in the state prison in execution of a sentence, the supreme judicial.
~~e:t~~:sa~~d court, on application of his wife, may authorize her, during such
to receive hher absence or confinement, to make contracts under seal or otherwise,
property
1V en
. her husband and any person holding personal property to which he is entitled in
~~~e~.~~~.,?r . her right, to payor deliver the same to her, for her disposal, and for
IS confined III
state prison. W h'ICh Sh e may rnak-e a valid' di sc h arge. S uch applicati on may b e
R. S. c. 61, § 7. presented in any county and notice thereof mven as in case of a libel
47 Me. 217.
"',
for divorce, before such powers ate granted. .
Her contracts
SEC. 8. All contracts, lawfully made by her by virtue _of such
i~O'm~~d~e~ind- power, are binding upon her and her husband; and during such
b~~~~n~ns- absence or confinement, she may sue and be sued thereon, and for all
may be
acts done by her; and execution may be enforced against her, as if
enforced. ' .
. .
'
R. S. c. 61, § s. unmarrIed. No such smt IS abated by the return or release of the
husband, but he may, on application, be admitted to prosecute or
defend jointly with her.
SEC. 9. When the real estate of a married woman is taken or
Damages
awarded for damaged for public use, the amount awarded therefor is to be so
real estate of
wife, secured invested as to secure to her the same benefits as she would have had
to her, and
may be deeid. ed iu equity.
R. S. c. 61, § 9.
(al 1862, c.148; 1866, c, 52; 41 Me. 241; !2 Me"105; 46 Me. 461; 51 Me. 73; 55 Me. 515.
J
as
.
.
TITLE V.]
APPRENTICES.
493
from the estate. The court may, on her application,hear ~nd decide CHAP. 62.
npon the rights, according to the course of chancery proceedings.
SEC. 10. When a married woman comes £rum any other state" or w
ifeConllhn g
from IlDOt er
country, and remains in this state, without livina with her husband,. state ',ithont
..
f
'"
db
d
if her husband;
Sh e may make contracts, dispose 0 property, sue an
e sue , as
powers.
. d . Wh en h er h usb an d comes and clauns
'
h'18 mana!
't 1 ng
• ht
R. S.c. 156.
61 § 10.
unmarne
s, MMe.
her contracts and suits 'shall be affected the same as if they were then
:first married.
SEC. 11. The administrator of a deceased married woman,. whose IEas
' XPt e!1 ses of"
SICl\:ness
husband survives, may pay
reasonable expenses occasioned by her paid from her
estate.
last s i c k n e s s . · .
R. s. c. 61, § 11.
an
CHAPTER 62.
MASTERS, APPRENTICES AND SERVANTS.
SEC. 1. Binding of minors under the age of fourteen.
2. Bindiug of minors above the ~ge of fonrteen.
3. IndentUres in such cases.
4. By whomindentnres shall be kept.
5. Consideration, how secured.
6. Indentures bindiug; bnt not on minors after death of master. No minor to
be transferred to another, or carrit!iJ. out the state.
7. Remedies of parties same as provided in chapter 24•
. SEC. 1. Children, under the age of foUrteen years, may be bound
' .
as apprentices or servants until that age, WIthont their consent, by
their father, if living; and if not, by their mother or legal guardian;
and'if they have no parent or guardian, they may bind themselves,
mth the approbation of the municipal officers of the town where they
reside.
Binding of mi·
nors under the
age of fonri{~~: c. 62, § 1.
43 Me. 458.
Sec. 2. Minors, above the age of fourteen years, may be bound Binding ofmih
.
h .
.
h
b
. . 1 nors above the
t e same manner, mth t ell' consent, whICh s all e distmct y age of 14.
expressed in the indenture signed. by them; females to the age of R. s. c. 62, § 2.
eighteen years, or to the time of their marriage within that age, and
males to the age of twenty-one years.
•
III
SEC. 3. No minor of any age shall be thus bOlmd, unless by an Indentures in
indenture of two parts, signed, sealed, and delivered by both parties; R~cg. ~~S~t § 3;
and when the minor binds himself, by the consent of the municipal 13 Me. 151.
officers, such consent shall be in writing, signed by them on each part
of the indenture.