Page:History of Woman Suffrage Volume 1.djvu/716

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The Act of 1860

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The property, both real and personal, which any married woman now owns, as her sole and separate property; that which comes to her by descent, devise, bequest, gift, or grant; that which she acquires by her trade, business, labor, or services, carried on or performed on her sole or separate account; that which a woman married in this State owns at the time of her marriage, and the rents, issues, and proceeds of all such property, shall notwithstanding her marriage, be and remain her sole and separate property, and may be used, collected, and invested by her in her own name, and shall not be subject to the interference or control of her husband, or liable for his debts, except such debts as may have been contracted fer the support of herself or her children, by her as his agent.

§2. A married woman may bargain, sell, assign, and transfer her separate personal property, and carry on any trade or business, and perform any labor or services on her sole and separate account, and the earnings of any married woman from her trade, business, labor, or services shall be her sole and separate property, and may be used or invested by her in her own name.;

§ 3. Any married woman possessed of real estate as her separate property may bargain, sell, and convey such property, and enter into any contract in reference to the same; but no such conveyance or contract shall be valid without the assent, in writing, of her husband, except as hereinafter provided.:

§ 4. In case any married woman possessed of separate real property, as aforesaid, may desire to sell or convey the same, or to make any contract in relation thereto, and shall be unable to procure the assent of her husband as in the preceding section provided, in consequence of his refusal, absence, insanity, or other disability, such married woman may apply to the County Court in the county where she shall at the time reside, for leave to make such sale, conveyance, or contract, without the assent of her husband.

§ 5. Such application may be made by petition, verified by her, and setting forth the grounds of such application. If the husband be a resident of the county ind not under disability from insanity or other cause, a copy of said petition shall be served upon him, with a notice of the time when the same will be presented to the said court, at least ten days before such application. In all other cases, the County Court to which such application shall be made, shall, in its discretion, determine whether any notice shall be given, and if any, the mode and manner of giving it.

§ 6. If it shall satisfactorily appear to such court, upon application, that the husband was offered by Andrew J. Colvin in the Senate as a substitute for a bill from the Assembly, which was simply an amendment of the law of 1848. Senators Hammond, Ramsey, and Colvin constituted the Judiciary Committee, to whom the bill was referred. Mr. Colvin objected to it for want of breadth in giving to married women the rights to which he thought them entitled, and urged that a much more liberal measure was demanded by the