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ART. 5.

ARTICLE SECOND,

(142, 143)

OF DIVORCES, ON THE GROUND OF THE NULLITY OF THE MARRIAGE CONTRACT.

[This entire article was repealed by L. 1880, ch. 245.]

ARTICLE THIRD,

(144, 146

OF DIVORCES, DISSOLVING THE MARRIAGE CONTRACT.

SBC. 38-48. (Repealed.)
49, After divorce for adultery, complainant may marry; but not defendant

unless, etc.
[Sections 38 to 48 were repealed by L. 1880, ch. 245.]

§ 49. Whenever a marriage has been or shall be dissolved, pur- Marriages suant to the provisions of this article, the complainant may marry vorce for again during the lifetime of the defendant; but no defendant con

adultery. victed of adultery shall marry again until the death of the complainant, unless the court in which the judgment of divorce was rendered shall in that respect modify such judgment, which modification shall only be made upon satisfactory proof that the complainant has remarried, that five years have elapsed since the decree of divorce was rendered, and that the conduct of the defendant since the dissolution of said marriage has been uniformly good. [Thus amended by L. 1879, ch. 321. See, also, Code Civ. Proc., $ 1761, covering in part the same ground.]

5 Barb., 117; 11 N. Y., 228; 34 N. Y., 643; 42 N. Y., 546; 2 Hun, 241, 4 T. & C., 451; 3

T. & C., 717; 8 Abb. N.C., 171; 8 Abb. N. C., 400; id., 150; 37 Hun, 158; 29 Hun, 320;

90 N. Y., 602; 92 N. Y., 146; 86 N. Y., 18. [2 R. L., 197, § 4.)

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[Supplementary Title.]

TITLE 14.

Married Women's Rights and Liabilities.

L. 1835, Chap. 275-An act in relation to powers of attorney executed by

married women for the conveyance of real estate. How to be proved or acknowledged. SECTION 1. When any married woman, residing out of this state, shall have joined or shall join with her husband, in executing any power of attorney for the conveyance of real estate situated in this state, the conveyance executed in virtue of such power shall have the same force and effect as if executed by such married woman in her own proper person; provided that the execution of such power of attorney by such married woman shall first have been duly proved or acknowledged, according to the provisions of the Revised Statutes in relation to conveyances executed by married women residing out of this state.

L. 1840, Chap. 80-An act in respect to insurances for lives for the benefit

of married women. May insure life of husband. SECTION 1. It shall be lawful for any married woman, by herself, and in her name, or in the name of any third person, with his assent, as her trustee, to cause to be insured, for her sole use, the life of her husband for any definite period, or for the term of his natural life; and in case of her surviving her husband, the sum or net amount of the insurance becoming due and payable, by the terms of the insurance, shall be payable to her, to and for her own use, free from the claims of the representatives of her husband, or of any of his creditors; but such exemption shall not apply where the amount of premium annually paid shall exceed three hundred dollars. 1 Barb. Ch., 268; 3 Bradf., 139 ; 26 N. Y., 15; 43 N. Y., 287; 11 Abb. N. C., 145 ; 26 Hun,

150, 288 ; 85 N. Y., 593; 86 N. Y., 11 ; 90 N. Y., 402; 100 N. Y., 372; 102 N. Y., 143;

22 J. & S., 312. [See L. 1858, ch. 187, post, p. 2602.]

When payable to children. 82. In case of the death of the wife, before the decease of her husband, the amount of the insurance may be made payable after her death to her children for their use, and to their guardian, if under age.

22 J. & S., 312.

L. 1845, Chap. 11- An act in relation to patent rights. Rights of married women. SECTION 1. Every married woman, being a resident of this state, who shall receive a patent for her own invention, pursuant to the laws of the United States, may hold and enjoy the same, and all the proceeds, benefits and profits thereof, and of such invention, to her own separate use free and independent of her husband and his creditors; and may transfer and dispose thereof, and in every respect perform all acts in relation thereto, in the same manner as if she were unmarried ; but this act shall not authorize such married woman to contract any pecuniary obligations to be discharged at any future time.

259;

L. 1848, Chap. 200- An act for the more effectual protection of the

property of married women. Property of females to be married, secured. SECTION 1. 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, as if she were a single female. 54 N. Y., 280; 51 N. Y., 139; 47 N. Y., 357; 3 Bosw., 328 ; 24 N. Y., 372; 23 N. Y.,

22 N. Y., 15, 111, 451 ; 18 N. Y., 268; 12 N. Y., 208 ; 31 Barb., 316, 372, 532 ; 29 Barb., 382, 514, 646; 28 Barb., 343, 625; 24 Barb., 411, 581 ; 22 Barb., 371; 21 Barb., 289, 546, 552, 561 ; 18 Barb., 159, 562, 565 ; 17 Barb., 157, 660 ; 16 Barb., 144, 556 ; 15 Barb., 446, 555 ; 14 Barb., 247, 531; 12 Barb., 655 ; 10 Barb., 598 ; 9 Barb., 366 ; 4 Barb., 298; 3 Barb., 622; 2 Hilt., 431, 482; 1 Hilt., 476; 3 E. D. Smith, 310; 3 Bosw., 334; 2 Sandf., 415; 35 N. Y., 512; 33 N. Y., 521 ; 32 N. Y., 423; 27 N. Y., 277 ; 26 N. Y., 46; 25 N. Y., 328; 47 Barb., 155; 44 Barb., 268, 274, 378; 43 Barb., 92, 530 ; 42 Barb., 310, 378, 572; 41 Barb., 112, 468; 35 Barb., 80; 30 How. Pr. R., 195 ; 28 How. Pr. R., 320 ; 26 How. Pr. R., 30, 251, 370, 496 ; 17 Abb. Pr., 14; 16 J. & S., 233 ; 30 Hun, 138, 338; 40 Hun,

233; 92 N. Y., 152; 100 N. Y., 328 ; 83 N. Y., 575 ; 88 N. Y., 299; 25 Hun, 213, 242. Property of females now married, secured. § 2. The real and personal property, 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 a single female except so far as the same may be liable for the debts of her husband heretofore contracted. 4 Abb. Ct. App. Dec., 634.

May take by gift, grant or devise. S 3. Any married female may take by inheritance or by gift, grant, devise or bequest, from any person other than her husband and hold to her sole and separate use and convey and devise real and personal property, and any interest or estate therein, 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. [Thus amended by L. 1849, ch. 375.] 63 Barb., 67; 59 id., 506 ; 55 id., 130 ; 52 id., 474 ; 17 Abb. Pr., 14; 4 Lans., 421 ; 12 Abb.,

N. 8., 220; 9 id., 109, 447; 1 Robt., 1; 2 id., 119, 447; 7 Bosw., 480; 3 Hun, 692 ; 51
Barb., 202; 40 N. Y., 405 ; 54 N. Y., 280 ; 35 N. Y., 512; 47 N. Y., 357 ; 35 Hun, 267;

40 Hun, 233; 41 Hun, 475. Contracts validated. 84. All contracts made between persons in contemplation of marriage shall remain in full force after such marriage takes place. 54 N. Y., 442; 18 N. Y., 258; 12 N. Y., 425; 32 Barb., 251 ; 2 Hilt., 431, 482; 1 Hilt., 476 ;

3 E. D. Smith, 300 ; 3 Bosw., 334 ; 40 Hun, 304.

L. 1849, Chap. 375 - An act to amend an act entitled “An act for the more effectual protection of the property of married women,

” passed April 7, 1848. [Section 1 amends L, 1848, ch. 200, § 3.]

When trusts may be annulled. § 2. Any person who may hold or who may hereafter hold as trustee for any married women, any real or personal estate or other property under any deed of conveyance or otherwise, on the written request of such married women, accompanied by a certificate of a justice of the supreme court that he has examined the condition and situation of the property, and made due enquiry into the capacity of such married women to manage and control the same, may convey to such married women by deed or otherwise, all or any portion of such property, or the rents, issues or profits thereof, for her sole and separate use and benefit. 47 N. Y., 357; 40 N. Y., 405; 35 N. Y., 512; 51 Barb., 202 ; 31 Barb., 133, 316, 372, 532; 35

N. Y., 507; 34 N. Y., 296; 32 N. Y., 631 ; 27 N. Y., 277; 26 N. Y., 46 ; 25 N. Y., 328; 47 Barb., 155 ; 44 Barb., 378 ; 42 Barb., 310, 378-572; 41 Barb., 93 ; 39 Barb., 421, 485; 30 How. Pr. R., 195 ; 28 How. Pr. R., 320; 26 How. Pr. R., 251, 370, 496; 34 Hun, 95; 30

Hun, 332; 97 N. Y., 421; 83 N. Y., 576; 100 N. Y., 328. Marriage contracts. § 3. All contracts made between persons in contemplation of marriage shall remain in full force after such marriage takes place. 18 N. Y., 258; 12 N. Y., 425; 32 Barb., 251 ; 2 Hilt., 431, 482; 1 Hilt., 476; 3 E. D. Smith,

3 Bosw., 334 ; 54 N. Y., 437; 7 Abb. N. C., 246 ; 35 Hun, 270; 40 Hun, 304; 41 Hun, 477; 92 N. Y., 235 ; 96 N. Y., 201; 43 Hun, 597.

300;

L. 1851, Chap. 321-An act authorizing married women who may be

members or stockholders of any incorporated company, to vote at elections of directors and trustees.

Married women, when to vote on stock, SECTION 1. It shall be lawful for any married woman, being a stockholder or member of any bank, insurance company, (other than mutual fire insurance companies), manufacturing company, or other institution incorporated under the laws of this state, to vote at any election for directors or trustees by proxy or otherwise, in such company of which she may be a stockholder or member.

L. 1853, Chap. 576–An act relating to debts contracted by women before

marriage. Action, how maintained. SECTION 1. An action may be maintained against the husband and wife, jointly, for any debt of the wife contracted before marriage, but the execution on any judgment in such action shall issue against, and such judgment shall bind the separate estate and property of the wife only, and not that of the husband. 21 Barb., 290; 27 How. Pr. R., 375; 65 Barb., 413.

Husband liable in certain cases, 82. Any husband who may hereafter acquire the separate property of his wife, or any portion thereof by any ante-nuptial contract, or otherwise, shall be liable for the debts of his wife contracted before marriage, to the extent only of the property so acquired, as if this act had not been passed.

L. 1858, Chap. 187 – An act to amend an act entitled “An act for the

benefit of married women in insuring the lives of their husbands.' May insure life of husband. SECTION 1. It shall be lawful for any married woman, by herself and in her name, or in the name of any third person, with his assent, as her trustee, to cause to be insured, for her sole use, the life of her husband, for any definite period, or for the term of his natural life; and, in case of her surviving such period or term, the sum or net amount of the insurance becoming due and payable, by the terms of the insurance, shall be payable to her to and for her own use, free from the claims of the representatives of the husband, or of any of his creditors, or any party or parties claiming by, through or under him. But when the premium paid in any year out of the property or funds of the husband shall exceed five hundred dollars, such exemption from such claims shall not apply to so much of said premium so paid as shaīl be in excess of five hundred dollars, but

such excess, with the interest thereon, shall inure to the benefit of his creditors. [Thus amended by L. 1870, ch. 277.] 43 N. Y., 287; 1 Barb. Ch., 268; 3 Bradf., 139; 59 N. Y., 387; 100 N. Y., 372.

Loss, how payable. § 2. The amount of the insurance may be made payable in case of the death of the wife before the period at which it becomes due, to her husband or to his, her or their children, for their use, as shall be provided in the policy of insurance and to their guardian if under age. [Thus amended by L. 1866, ch. 656.]

85 N. Y., 591 ; 86 N. Y., 11 ; 24 Hun, 355 ; 26 Hun, 150.

L. 1860, Chap. 90 -An act concerning the rights and liabilities of hus

band and wife. Married woman may hold property, collect rents, etc. 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 for the support of herself or her children, by her as his agent. 42 Barb., 69, 118, 532, 572; 41 Barb., 564; 36 Barb., 55 ; 25 How. Pr. R., 463; 24 How. Pr.

R., 32; 9 Abb., N. 8., 109, 447; 3 Daly, 197 ; 4 Abb., N. 8., 372; 8 id., 335; 53 Barb., 615; 53 N. Y., 93, 423; 52 N. Y., 432 ; 51 N. Y., 138; 48 N. Y., 212; 45 N. Y., 230; 2 Abb. Ct. App. Dec., 492; 3 id., 280 ; 4 Lans., 164; 40 How. Pr. R., 33 ; 15 Abb.,

N. 8., 103; 61 N. 9., 579, 8 Hun, 305 ; 19 Hun, 119 ; 14 Abb. N. C., 333, 341; 64 How. Pr,, 87; 26 Hun, 288; 41 Hun, 447; 93 N. Y., 17; 96 N. Y., 588; 10i N. Y., 77; 85 N. Y.,

516; 92 N. Y., 152; 100 N. Y., 328. Married woman may bargain, sell and transfer her separate property. 82. 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. 35 Barb., 80; 26 How. Pr. R., 30; 16 Abb. Pr., 328; 65 Barb., 158; 54 N. Y., 343; 49 N.

Y., 47; 48 N. Y., 212; 44 N. Y., 345 ; 54 N. Y., 652; 6 T. & C., 440; 56 N. Y., 462; 64
N. Y., 589; 74 N. Y., 356; 69 N. Y., 87; 68 N. Y., 329; 73 N. Y., 260; 67 Barb., 566;
19 Hun, 280, 550, 595; 74 N. Y., 116, 182; 76 N. Y., 504, 196; 75 N. Y., 103; 8 Abb.
N. C., 253 ; 22 Hun, 15, 310; 23 Hun, 403, 87, 184 ; 13 Abb. N. C., 428; 37 Hun, 140,

405; 96 N. Y., 524, 538. May bargain, sell and convey real and personal property. § 3. Any married woman possessed of real estate as her personal property, may bargain, sell and convey such property and enter into any contract in reference to the same, with the like effect in all respects as if she were unmarried, and she may in like manner enter into such covenant or covenants for title as are usual in conveyances of real estate, which covenants shall be obligatory to bind her separate property, in case the same or any of them be broken. [Thus amended by L. 1862, ch. 172.] 35 N. Y., 507; 34 N. Y., 296; 4 Robt., 429; 58 Barb., 622; 47 Barb., 155; 3 Lans., 120; 42

How., 176; 2 Daly, 401 ; 65 Barb., 158 ; 16 Hun, 141 ; 13 Hun, 377; 14 Hun, 153 ; 75 N.

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