Page:History of Woman Suffrage Volume 3.djvu/920

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CHAPTER LV. (Concluded).

CANADA.

We are indebted to Miss Phelps of St. Catharines and Mrs. Curzon of Toronto for the facts we give in regard to women's position in the Dominion. Miss Phelps says:

History tells us that when the thirteen American colonies revolted and their independence was declared there were 25,000 who adhered to the policy of King George, under the name of the United Empire Loyalists, some of whom came to Canada, others to Acadia and others wandered elsewhere. The 10,000 who sought a home in Canada at once formed a government in harmony with English laws and usages. Parliament was established in 1803 at York, now Toronto, and during that session the first law for the protection of married women was passed. At first, if a married woman desired to dispose of her property, she was obliged to go before the courts to testify as to her willingness to do so. In 1821 a bill was passed enabling her to go before justices of the peace. This was a great convenience, for the courts were not always in session when it was imperative for her to sell. In 1849 a bill was passed to naturalize women who married native-born or naturalized subjects. In 1859, under the old parliament of Canada, the Married Woman's Property act was passed, which in brief provides that every woman who may marry without any marriage-contract or settlement shall, after May 4, 1859, notwithstanding her coverture, have, hold and enjoy all her real estate, whether belonging to her before marriage or in any way acquired afterward, free from her husband's debts and obligations contracted after May 4, 1859. A married woman may also hold her personal property free from the debts and contracts of her husband, and obtain an order of protection for her own earnings and those of her minor children. She may become a stockholder of any bank, insurance company or any incorporated association, as if she were a feme sole, and may vote by proxy or otherwise. A married woman is liable on contracts respecting her own real estate. No married woman is liable to arrest either on mesne or final process. Any superior court of law or equity or any judge of said court, or a judge of a surrogate court, or deputy, may, on hearing the petition of a mother, or minor whose father is dead, appoint her as guardian—notwithstanding the appointment of another person by the father—of the estate to which the minor is entitled, and of such sums of money as are necessary from time to time for the maintenance of the minor. In 1881 a law was passed enabling a woman to discharge a mortgage on her lands without her husband being a party to it, while a husband cannot dispose of his property without her consent. More than thirty years ago school suffrage was granted to women on the same grounds as to male electors, and they are eligible to all school offices. Women have, however, been slow to avail themselves of this privilege, owing to their ignorance of the laws and their lack of interest in regard to all public measures. When they awake to their political rights they will feel a deeper responsibility in the discharge of their public duties. But the steady increase in the number of those who avail themselves of this privilege is the one encouraging indication of the growth of the suffrage movement in Canada.