Part 1 (1/2)

Legal Status Of Women In Iowa.

by Jennie Lansley Wilson.

Preface.

This book has been prepared for the purpose of presenting to the women of Iowa, in a brief and concise form, those laws which pertain to subjects in which they are most deeply interested, and about which there is a strong and growing demand for certain and accurate information.

In this age of general intelligence, when learning in some degree is so readily attainable, the maxim, that ”Ignorance of the law excuses no one,” has a measure of justice in it, which could not be claimed for it in former times, and it is most certainly true that, ”As the subjects of law, if not as its makers, all ought to know enough to avoid its penalties and reap its benefits.”

Every woman should understand the law of her own state concerning marriage, divorce, the care and custody of children, and the mutual rights and duties of husband and wife incident to the marriage relation.

She should know something of the law of minors and guardians.h.i.+p, of administration, and descent of property, and her knowledge should certainly embrace that cla.s.s of crimes which necessarily includes her own s.e.x, either as the injured party, or as _particeps criminis_.

In the arrangement of this work, a very brief synopsis of the common law upon these subjects is given, as the principles of the common law underlie our entire statute law, and a knowledge of the former is absolutely essential to render much of the latter intelligible. The statute law of the state has been given in the exact words of the statutes, with but few exceptions, and the explanations or notes following these have been gathered from decisions of our supreme court.

The references are to sections of McClain's Annotated Code and Supplement.

The design of the work is not broad enough to give to the most careful reader that knowledge of the _minutiae_ of the law necessary in the application of its principles to particular cases and under a special state of facts. It is in nowise adequate, even though its contents should be thoroughly mastered, to make every woman her own lawyer, in matters where she would otherwise require legal advice, but it is hoped that its statements are sufficiently plain and free from technical phraseology and legal terms, that even the casual reader may readily comprehend them, and be able to gain a general understanding of the law of our state upon these subjects.

J.L.W.

Des Moines, Iowa, May 1894.

Common Law

CHAPTER I.

SYNOPSIS OF COMMON LAW.

[Sidenote: Common law in force.]

Until a comparatively recent period the laws of England in force at the time of the independence of the American colonies, relating to married women, the mutual duties of husband and wife, their property rights and the care and custody of children, were everywhere in force in this country except in those states which were originally settled by other nations than the English.

[Sidenote: Changes.]

The agitation of the last fifty years, caused by the demand for equality in educational opportunities and in professional, business and trade relations, as well as for the legal and political recognition of women, has brought about great changes in these laws, until they are in many instances almost entirely superseded by statutory enactments more in accordance with the spirit of justice and in greater harmony with the requirements of a higher form of civilization. In many states they have reached a condition in which the legal status of husband and wife is nearly, if not wholly, one of equality.

[Sidenote: Basis of statue law.]

It must always be borne in mind, however, that the common law is the foundation upon which almost the entire structure of our American system of jurisprudence is based, although it is claimed that it has only been recognized by our courts so far as it has been ”applicable to the habits and conditions of our society and in harmony with the genius, spirit and objects of our inst.i.tutions.” As it became apparent from time to time that it was not thus applicable, or where it failed to meet the requirements of the changed conditions of society the strictness of its rules was relaxed by giving to them a broader construction, or, when this could not be done, they were modified or entirely changed by statute.

[Sidenote: Marriage]

Marriage was regarded by the common law as a civil contract and might be entered into legally by a boy of fourteen or a girl of twelve years of age, provided they were under no legal disability to contract marriage.

This was called the age of consent, or discretion, and a marriage contracted prior to this time was inchoate only, and might be repudiated by either party upon arriving at the legal age. If one of the parties was above and the other under the required age, the marriage might still be disaffirmed by either. If after reaching the age of consent the parties continued to live together as husband and wife, this would be regarded as an affirmance of the marriage.

[Sidenote: What const.i.tutes.]