Either husband or wife may dispose of separate property, real or personal, by deed or will, without the consent of the other. Joint real estate, including the homestead, can be conveyed only by signature of both, but the husband may dispose of joint personal property without the consent of the wife.
In order to control her separate property the wife must keep it recorded in the office of the county register.
On the death of an unmarried child the father inherits all of its property. If he is dead and there are no other children, the mother inherits it. If there are brothers and sisters she inherits a child's share.
A married woman can not act as administrator. Of several persons claiming and equally entitled to act as executors, males must be preferred to females.
A married woman can control her earnings outside the home only when living separate from her husband.
The father is the legal guardian and has custody of the persons and services of minor children. If he refuse to take the custody or has abandoned his family or has been legally declared a drunkard, the mother is entitled to the custody.
The law declares the husband the head of the family and he must support the wife by his separate property or labor, but if he has not deserted her, and has no separate property, and is too infirm to support her by his labor, the wife must support him and their children out of her separate property or in other ways to the extent of her ability. An act of Feb. 21, 1896, makes the wife liable for necessaries for the family purchased on her own account to the same extent that her husband would be liable under a similar purchase, but with no control over the joint earnings.
The causes for divorce are the same as in most States but only six months' residence is required. The disposition of the children is left entirely with the court.
In 1887, through the efforts of the W.C.T.U., the "age of protection" for girls was raised from 10 to 14 years. In 1893 they tried to have it made 18 but the Legislature compromised on 16 years. Rape in the first degree is punishable by imprisonment in the penitentiary not less than ten years; in the second degree, not less than five years.
The penalty for seduction and for enticing away for purposes of prostitution is prescribed by the same words "is punishable," which in reality leaves it to the judgment of the court, but the statutes fix the penalty for all other crimes by the words "shall be punished." In addition to this latitude the penalty for seduction or enticing for purposes of prostitution is, if the girl is under 15, imprisonment in the penitentiary not more than five years, or in the county jail not more than one year, or by fine not exceeding $1,000, or both; with no minimum penalty.