A married woman may carry on any trade or business and perform any labor or services on her own account, and her earnings are her sole and separate property. She may sue and be sued as if unmarried, and may maintain an action in her own name and the proceeds of such action will be her separate property.[393]
She may contract as if unmarried and she and her separate estate are liable. A woman engaged in business can not be arrested for a debt fraudulently contracted. All women enjoy certain exemptions from the sale of their property under execution which in the case of men are granted only to householders—that is, a man who provides for a family.
The husband's creditors have no claim to a life insurance unless the annual premiums have exceeded $500; and it is also exempt from execution for the wife's debts.
Common Law marriages are legal, requiring neither license nor ceremony, and 14 years is the legal age for the girl.[394]
Absolute divorce is granted only for adultery. In case of either absolute or limited divorce the husband may be required to pay alimony to the wife during her life, even if she should marry again.
Every married woman is joint guardian of her children with her husband, having equal powers, rights and duties in regard to them, and on the death of either parent the survivor continues guardian. (1893.)
A husband is required to support his wife commensurately with his means and her station in the community, without regard to the extent of her individual property. If he fail to do this or if he abandon his family he may be arrested and compelled to give security that he will provide for them and will indemnify the town, city or county against their becoming a charge upon the public within one year. Failing, he may be sent to prison or penitentiary for not less than six months' hard labor, or until he gives such bond, but none of this is obligatory on the court.
In 1887 the "age of protection" for girls was raised from 10 to 16 years, and it was made optional with the court to impose less than the existing penalty of ten years' imprisonment. A few years afterward it was proposed to reduce the age to 12 years. Mrs. Mary H. Hunt, in behalf of the W. C. T. U., went before the Judiciary Committee and said: "I represent 21,000 women and any man who dares to vote for this measure will be marked and held up to scorn. We are terribly in earnest." The matter was dropped. In 1895 the age was raised from 16 to 18, with a penalty for first degree of not more than twenty years' imprisonment; for second degree, not more than ten. No minimum penalty is named. Trials may be held privately, and it is the testimony of the various protective associations of women that it is almost impossible to secure convictions.
The laws contain many provisions for the benefit of female employes; among them one that if any employer in New York City fail to pay wages due up to $50, none of his property is exempt from execution and he may be imprisoned without bail.
Suffrage: In 1880 a law was enacted by the Legislature declaring that "no person shall be deemed ineligible to serve as any school officer, or to vote at any school meeting, by reason of sex, who has the other qualifications now required by law."