are concerned, the measure of the highest legislative justice thus far attained in any State. This bill was prepared by Addison C. Harris, then representing Indianapolis in the State Senate, and was approved March 25, 1879:
An Act concerning Married Women—Approved March 25, 1879:
Sec. 1.—Be it enacted by the General Assembly of the State of Indiana: A married woman may bargain, sell, assign and transfer her separate personal property the same as if she were sole.
Sec. 2.—A married woman may carry on any trade or business, and perform any labor or service on her sole and separate account. The earnings and profits of any married woman accruing from her trade, business, services or labor, other than labor for her husband or family, shall be her sole and separate property.
Sec. 3.—A married woman may enter into any contract in reference to her personal estate, trade, business, labor or service, and the management and improvement of her separate real property, the same as if she were sole; and her separate estate, real and personal, shall be liable therefor on execution or other judicial process.
Sec. 4.—No conveyance or contract made by a married woman for the sale of her lands or any interest therein, other than leases for a term not exceeding three years, and mortgages on lands to secure the purchase money of such lands, shall be valid, unless her husband shall join therein. Provided, however, that if she shall have attempted to convey her real estate or shall have agreed to convey the same, and shall have received the whole or any part of the consideration therefor, the person paying such consideration, or the person for whose benefit the same was paid, shall have the right to sue and recover judgment therefor, and the same may be enforced against the property of such married woman.
Sec. 5.—A married woman shall be bound by the covenants of the title in a deed of conveyance of her real property.
Sec. 6.—A married woman may bring and maintain an action in her own name against any person or body corporate for damages for any injury to her person or character, the same as if she were sole; and the money recovered shall be her separate property, and her husband in such case shall not be liable for costs.
Sec. 7.—Whenever the husband causes repairs or improvements to be made on the real property of the wife, with her knowledge and consent thereto in writing, delivered to the contractor or person performing the labor or furnishing the material, she shall alone be liable for material furnished or labor done.
Sec. 8.—A husband shall not be liable for any debts contracted by the wife in carrying on any trade, labor or business on her sole and separate account, nor for improvements made by her authority on her separate real property.
Sec. 9.—Whenever a judgment is recovered against a married woman, her separate property may be sold on execution to satisfy the same, as in other cases. Provided, however, that her wearing apparel and articles of personal adornment purchased by her, not exceeding two hundred dollars in value, and all such jewelry, ornaments, books, works of art and virtu, and other such effects for personal or household use as may have been given to her as presents, gifts and keep-sakes, shall not be subject to execution. And provided further, that she shall hold as exempt, except for the purchase money therefor, other property to the amount of three hundred dollars to be set apart and appraised in the manner provided by law for exemption of property.
Sec. 10.—A married woman shall not mortgage or in any manner encumber her separate property acquired by descent, devise or gift, as a security for the debt or liability of her husband or any other person.
The legislature of 1881 enacted the following, which is really a sequence of the property-rights statute of 1879:
