minor has accumulated during the period of emancipation. A parent may emancipate his minor child even though it works detriment to the parent's creditors. Thus, it has been decided in Wisconsin that a father may emancipate a minor son, and that if such son buys a piano with his earnings, the creditors of the father cannot seize it. A parent cannot, however, release himself from the duty to support his minor children by emancipating them. The marriage of a minor operates as an emancipation, and such minor is not thereafter subject to parental control.

An emancipated minor may recover his wages in the same manner as an adult. If a minor brings suit he must be represented by a guardian, sometimes called his "next friend." If the minor is not emancipated, his parent or guardian will have to maintain a suit for his wages, if it is necessary to collect them by process of law.

Criminal responsibility. Whether an infant can be guilty of committing a crime depends upon his age and mental capacity. The rule on this subject is stated in a leading work on Criminal Law as follows: "A child under the age of 7 years is conclusively presumed incapable of entertaining a criminal intention, and cannot commit a crime. Between the ages of seven and fourteen, the presumption still exists, but may be rebutted. After the age of fourteen, he is presumed to have sufficient mental capacity, and must affirmatively show the contrary."

CHAPTER VIII.

PROPERTY RIGHTS AND CONTRACTS OF
MARRIED WOMEN.

Introduction.-There is no subject which is generally so little understood as the property rights, and especially the contracts, of married women. In order to comprehend it properly, it is necessary to take a view of the common law and the reasons on which it was based, and then the statutory modifications of it. The rule of the common law practically grew out of the doctrine that husband and wife were one, and, as some one has said, "that one was the husband." The theory was that marriage merged the individuality of the wife, so far as property rights and the making of contracts was concerned, and for many other purposes, into that of the husband. At common law, a married woman could not make a contract, for the reason that her existence for that purpose was not recognized. The effect of marriage was to make the personal property which the wife owned at the time of marriage that of the husband, so far as she was in possession of it, and the husband could make her property not in possession (known technically as choses in action) his own by reducing it to his possession. For instance, if she had money owing to her on a note, he could make the money his own by collecting it. The real estate of a woman upon marriage was subject to the absolute control and use of the husband during the marriage, and at her death, if issue had been born during the marriage, he had the use of it for life. He had also the right to administer her estate.

In return for the property received by operation of law from the wife, the husband became responsible for the wife's support, and for many of her torts, and also for her ante-nuptial debts. No matter what the amount of her debts

at the time of the marriage, as compared to the value of her estate, the husband was obliged to pay them. The law was that he took her with her rights and liabilities. He was also considered prima facie liable for many of her crimes, if committed in his presence. He had a right to sue any one for the alienation of his wife's affections, but she could of his affections for the reason that if she succeeded in the suit and obtained damages, such damages would belong to the husband. It has been recently decided in Wisconsin that such is still the law, and that the married women's statutes did not relieve a married woman from this disability.

not sue for the alienation

The courts of equity in England, in order to do away with the restraint upon married women in regard to holding and acquiring property and to obviate the injustice, recognized their right to hold a separate estate, under certain conditions and with certain restrictions. The creation of a separate estate for the benefit of a married woman was originally accomplished by making a transfer of it before marriage, or subsequent to the marriage by a third party, to a trustee, to hold for her benefit, free from the control of her husband, and to pay her the income. Later, such a conveyance could be made by specifying in the transfer that it was made for the sole and separate use of a married woman, and free from the use and control of her husband. If it was desired to free it from his use and control after her death, it was necessary to add a limitation to that effect. But this right of property, and the right to contract with reference thereto, was not recognized in the courts of law in England, but only by courts of equity, and left married women with a great many restrictions. The rights recognized by Equity were often circumvented by the husband's obtaining control of the wife's separate property.

With this explanation it will be easy to see that under the theory of the common law, a married woman cannot make any contract whatever, as she had practically nothing with reference to which a contract could be entered into, and for the further reason that the law did not recognize her existence for that purpose. Therefore it follows that she can only make such contracts as she is given the express right to make by statute, and such as are made for the benefit of her separate estate, recognized only by courts of equity.

In Wisconsin.-The tendency of the law in the United States generally has been to relieve married women of their legal disabilities in regard to property rights and contracts. The state of New York in 1848 took the lead and passed a law which gave married women the right to hold property in the same way that a single person might, and prevented interference therewith by the husband and his creditors. While, however, the disability in regard to holding and acquiring property as a separate estate was practically removed, the disability to contract was only removed so far as to enable married women to contract with reference to the property rights granted, so that it may be said generally in the United States that while married women enjoy the privileges of single persons in holding property, they have the additional privilege and protection of being liable on only certain kinds of contracts.

It should always be borne in mind that the common law on the subject of married women's property rights and contracts is still in force, except in so far as it has been modified by statute. In regard to property rights, it may be said that her disabilities have been entirely removed, but her right to contract is still limited, and often the subject of litigation, as evidenced by the many court decisions on the subject. The legislation on the subject seems to have gone to the other extreme of the common law, and now the law places a married woman in a more favorable position towards others, and especially her husband, than he stands himself. The statutes in Wisconsin providing for the separate estate of married women were passed within a few years after the New York statutes, and from time to time the statutes have been modified so as to enlarge the right. The statutes of Wisconsin provide that "real estate of every description, including all held in joint tenancy with her husband, and the rents, issues and profits thereof of any female now married, shall not be subject to the disposal of her husband, but shall be her sole and separate property as if she were unmarried." "The real and personal property of any female who may hereafter marry and which she shall own at the time of marriage and the rents, issues and profits thereof shall not be subject to the disposal of her husband nor be liable for his debts and shall continue her sole and separate property." "No marriage contracted since the third day of April, one thousand eight hundred and

seventy-two, or which shall hereafter be contracted, shall render the husband liable for the payment of the wife's antenuptial debts; but she shall be liable to all remedies for the recovery of such debt to be enforced against her and her separate property as if she were unmarried."

"Any married female may receive by inheritance or by gift, grant, devise or bequest, from any person, hold to her sole and separate use, convey and devise real and personal property and any interest or estate therein of any description, including all held in joint tenancy with her husband, and the rents, issues and profits thereof in the same manner and with like effect as if she were unmarried, and the same shall not be subject to the disposal of her husband nor be liable for his debts. Any conveyance, transfer or lien executed by either husband or wife to or in favor of the other shall be valid to the same extent as between other persons."

May transact business and sue.-"When the husband of any married woman shall have deserted her or shall from drunkenness, profligacy or any cause neglect or refuse to provide for her support or for the support and education of her children, she shall have the right to transact business in her own name and to collect and receive the profits of such business, her own earnings and the earnings of her minor children in her charge or under her control, and apply the same for her own support and the support and education of such children. Such business and earnings shall not be subject to her husband's control or interference or liable for his debts."

"Every married woman may sue in her own name and shall have all the remedies of an unmarried woman in regard to her separate property or business and to recover the earnings secured to her by the statutes, and shall be liable to be sued in respect to her separate property or business, and judgment may be rendered against her and be enforced against her and her separate property in all respects as if she were unmarried. And any married woman may bring and maintain an action at law in her own name for any injury to her person or character the same if she were sole, and any judgment recovered in such action shall be the separate property and estate of such married woman, provided that nothing herein contained shall affect the right of the