property, real or
personal, by deed or will, without the consent of the other. Joint
real estate, including the homestead, can be conveyed only by
signature of both, but the husband may dispose of joint personal
property without the consent of the wife.
In order to control her separate property the wife must keep it
recorded in the office of the county register.
On the death of an unmarried child the father inherits all of its
property. If he is dead and there are no other children, the mother
inherits it. If there are brothers and sisters she inherits a child's
share.
A married woman can not act as administrator. Of several persons
claiming and equally entitled to act as executors, males must be
preferred to females.
A married woman can control her earnings outside the home only when
living separate from her husband.
The father is the legal guardian and has custody of the persons and
services of minor children. If he refuse to take the custody or has
abandoned his family or has been legally declared a drunkard, the
mother is entitled to the custody.
The law declares the husband the head of the family and he must
support the wife by his separate property or labor, but if he has not
deserted her, and has no separate property, and is too infirm to
support her by his labor, the wife must support him and their children
out of her separate property or in other ways to the extent of her
ability. An act of Feb. 21, 1896, makes the wife liable for
necessaries for the family purchased on her own account to the same
extent that her husband would be liable under a similar purchase, but
with no control over the joint earnings.
The causes for divorce are the same as in most States but only six
months' residence is required. The disposition of the children is left
entirely with the court.
In 1887, through the efforts of the W.C.T.U., the "age of protection"
for girls was raised from 10 to 14 years. In 1893 they tried to have
it made 18 but the Legislature compromised on 16 years. Rape in the
first degree _is punishable_ by imprisonment in the penitentiary not
less than ten years; in the second degree, not less than five years.
The penalty for seduction and for enticing away for purposes of
prostitution is prescribed by the same words "is punishable," which in
reality leaves it to the judgment of the court, but the statutes fix
the penalty for all other crimes by the words "shall be punished." In
addition to this
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