The wife of a drunkard or profligate man by petitioning the Court of Common Pleas, setting forth these facts and his desertion of her and neglect to provide for her and their children, may be entitled to the custody of her children, and, as a "feme sole trader," empowered to transact business and acquire a separate property, which shall be subject to her own disposal during life, and liable for the maintenance and education of her children. Her testimony must be sustained "by two respectable witnesses" (Pur. Dig., 692, 5; Act of 1855, 2; 2 Roper, Husband and Wife, 171, 173).
By act of April, 1872, any married woman having first petitioned the court, stating under oath or affirmation her intention of claiming her separate earnings, is entitled to acquire by her labor a separate property which shall not be subject to any legal claim of her husband or of his creditors, she, however, being compelled "to show title and ownership in the same." The husband's possession of property is evidence of his title to it; not so with the wife (Purd. Dig., 1,010, 38, 39; 4 Lansing, 164; 61 Barb., 145).
A married woman may devise her separate property by will, subject, however, to the husband's curtesy, which in Pennsylvania attaches, though there be no issue born alive, and which she cannot bar (Purd. Dig., 806, 804; I Pars., 489; 26 Penn. St. R., 202, 203; 2 Brewster, 302).
The husband may bar the wife's dower by a bona fide mortgage given by himself alone or by a judicial sale for the payment of his debts. It is also barred by a divorce obtained by her on the ground of his adultery, and in case of such divorce she is entitled to the value of one-half of the money and property which the husband received through her at marriage (Purd. Dig., 514; 2 Dall. 127; 12 Serg. and R., 21; I Yeates Pa., 300).
A single woman's will is revoked by her subsequent marriage, and is not again revived by the death of her husband; a single man's will is revoked by marriage absolutely only when he leaves a widow but no known heirs or kindred (Purd. Dig., 1,477, 18 and 19; 47 Penn. S. Rep., 144, 34, 483).
If the husband die intestate leaving a widow and issue, the widow shall have one-third of his and their joint personalty absolutely, and one-third of the real estate for life; if there are no children, but collateral heirs, she is entitled to the use of one-half the realty, including the mansion-house, for her life, and one-half the personalty absolutely (Purd. Dig., 806, 2 and 3; Act of 1833, 1).
If the wife die intestate leaving a husband and no issue, he is entitled to her entire personalty and realty during his life; if there are children her personal estate is divided between the husband and children share and share alike; in either case he is entitled to their entire joint estate (Purd. Dig., 806, 5; Act of 1848, 9).
Married women may be corporate members of any institution composed of and managed by women, having as its object the care and education of children or the support of sick and indigent women (Purd. Dig., 283; Act of 1859, 1).
It is a crime, punishable by fine and imprisonment, to employ any woman to attend or wait upon an audience in a theater, opera or licensed entertainment, to procure or furnish commodities or refreshments (Purd. Dig., 337, 112).
A man, by marriage, is subjected to no political, civil, legal or commercial disabilities, but acquires all the rights and powers previously vested in his wife. He is capable of all the offices of the government from that of postmaster to the presidency, and of transacting all kinds of business from the measuring of tape to the practice of the most learned professions. Woman, deprived of political power, is limited in opportunities for education, and, if married, is incapable of making a contract; hence crippled in the transaction of any kind of business.