P. L. 35.

8 April 1972 § 1. which the ownership of such property shall be in dispute, the person claiming such property, under this act, shall be compelled, in the first instance, to show title and ownership in the same.

Ibid. § 2.

Proceedings to obtain the benefit of

the act.

11 June 1879 § 1.

P. L. 126.

Actions for per

married woman.

40. To prevent any fraudulent practices under this act, before any married Woman shall be entitled to its benefits, she shall first present her petition, under oath or affirmation, to the court of cominon pleas of the city or county where she resides, stating her intention of thereafter claiming the benefits of this act; whereupon the said court shall direct her petition aforesaid to be marked filed, and to be recorded in the office for recording deeds for such city or county; and such record shall be conclusive evidence of the right of such married woman to the benefit of the first section of this act.(p)

41. In all actions hereafter to be brought in any of the courts of this commonwealth, in the name of the husband and wife, for the use of the wife, to recover damages for injuries done to the wife, evidence may be given to show the value sonal injuries to a of the wife's services, and the expense arising in consequence of such injuries, and recovery may be had therefor: Provided, however, That at the time of bringing any such actions, the husband shall file a stipulation (9) in writing, disclaiming all right on his part to recover damages for such injuries by an action in his own name: And provided further, That any damages so recovered shall be for the use of the wife.

Repealed by Act

8 May 1895,

P. L. 54,
Supp. 2655.

11 April 1848 § 8.

P. L. 536.

How suits for nécessaries to be brought.

11 April 1848 § 9. P. L. 536.

Distribution of

wife's personal

estate.

Ibid. § 10.

VI. Necessaries.

42. In all cases where debts may be contracted for necessaries, for the support and maintenance of the family of any married woman, (r) it shall be lawful for the creditor, in such case, to institute suit against the husband and wife for the price of such necessaries, and after obtaining a judgment, have an execution against the husband alone ;(s) and if no property of the said husband be found, the officer executing the said writ shall so return, and thereupon an alias execution (1) may be issued, which may be levied upon and satisfied out of the separate property of the wife, secured to her under the provisions of the first section of this act: Provided, That judgment shall not be rendered against the wife, in such joint action, unless it shall have been proved that the debt sued for in such action was contracted by the wife, or(u) incurred for articles necessary for the support of the family of the said husband and wife.(v)

VII. Rights and liabilities of the husband.

43. When any married woman, possessed of separate personal property as aforesaid, shall die intestate, her husband shall be first entitled to letters of administration on her estate, which said estate shall be distributed as follows: if such married woman shall leave no children nor the descendants of such living, the husband shall be entitled to such personal estate absolutely; if such married woman shall leave a child or children living, her personal estate shall be divided amongst the husband and such child or children, share and share alike; if any such child or children, being dead, shall have left issue, such issue shall be entitled to the share of the parent.

44. The real estate of such married woman upon her decease, shall be distributed as provided for by the intestate laws of this commonwealth, now in force: How real estate to Provided, That nothing contained in this act shall be deemed or taken to deprive the husband of his right as tenant by curtesy.(w)

descend.

(p) Except as provided by this act, the husband is still entitled to his wife's services. Carr v. City, 7 C. C. 404. Contrà, Frey v. Reinsmith, Ibid. 115.

(2) This stipulation must be filed at the time of bringing the action. Borough v. Baker, 120 P. S. 266. This act is not unconstitutional. Kelley v. Town ship, 154 P. S. 440.

(r) See Bear's Estate, 60 P. S. 430.

(s) It is not essential, to prove the husband's insolvency, in the action; that question arises on the execution. Davidson v. McCandlish, 69 P. S. 169. In case of recovery, under this section, the husband's property must be first exhausted, before recourse can be had to that of the wife. O'Malley v. Dempsey, 3 Leg. Gaz. 225. Stiles v. Jeffries, 8 Phila. 303. And see Cleaver v. Scheetz, 70 P. S. 496; s. c. 8 Phila. 3. Leslie v. Doyle, 1 Kulp 272.

(f) An attachment-execution is an alias execution within the meaning of the act, and requires, to support it, a previous execution against the husband. Franklin v. Rush, 1 Phila. 571.

(u) This word "or" is to be read "and"; the plaintiff in an action against husband and wife, under this proviso, must aver and prove, not only that the debt was incurred for necessaries for the support and maintenance of the family, but that it was contracted by herself. Murray v. Keys, 35 P. S. 384. Parke v.

Kleeber, 37 Ibid. 251. Cummings v. Miller, 3 Gr. 146.
Proctor v. Aitken, 6 Phila. 580. And see Wilson v.
Renshaw, 91 P. S. 424. Carn v. Fillman, 10 W. N. C.
152.

(v) An action cannot be sustained against a married woman, under this section, for necessaries furnished to her before the passage of the act. Headley v. Ettling, 1 Phila. 39. What are family necessaries is a question for the jury, under the circumstances of the particular case. Parke v. Kleeber, 37 P. S. 251. It undoubtedly includes the board and education of her children. Reed's Estate, 4 Phila. 375. The husband is still liable for his wife's necessaries. Weber's Estate, 25 W. N. C. 220.

(2) If the wife die before the husband, intestate, seised of an estate of inheritance, he will be entitled to enjoy the same during his life, in the same manner as a tenant by the curtesy consummate at common law; but, during the life of the wife, he can neither sell, lease, charge nor in any way affect her real estate, having no present interest therein, nor any future interest, except as distributee under the intestate law. Gamble's Estate, 1 Pars. 489. A husband cannot be tenant by the curtesy of his wife's estate in remainder, unless the particular estate be ended during the coverture. Hither v. Ege, 23 P. S. 305. Young v. McIntyre, 6 W. N. C. 252.

P. L. 553.

45. The true intent and meaning of the act of assembly to secure the rights of 22 April 1850 § 20. married women, passed the 11th day of April, A.D. 1848, is and hereafter shall be, that the real estate of any married woman in this commonwealth shall not Estate by the be subject to execution for any debt against her husband, on account of any inter- curtesy exempted from levy during est he may have or may have had therein, as tenant by the curtesy; but the same life of wife. shall be exempt from levy and sale for such debt, during the life of said wife.(x)

46. The true intent and meaning of the act of assembly to secure the rights of 1 April 1863 § 1. married women, passed the 11th day of April, Anno Domini 1848, and the supple- P. L. 212. ments thereto, are hereby declared to be that no judgment obtained against the Judgment not to husband of any married woman, before or during marriage, shall bind or be a lien bind husband's upon her real estate, or upon any interest the husband may be entitled to therein estate by the as tenant by the curtesy.

curtesy.

47. The power of any married woman to bequeath or devise her property by 4 May 1855 § 1. will, shall be restricted, as regards the husband, to the same extent as the hus

P. L. 430.

interest under the

band's power so to dispose of his property is restricted, as regards the wife, namely: Husband may elect so that any surviving husband may, against her will, elect to take such share and to take under his interest in her real and personal estate as she can, when surviving, elect to take wife's will, or her against his will in his estates, or otherwise to take only her real estate as tenant intestate laws. by the curtesy:(y) Provided, That nothing herein contained shall affect the right or power of the wife, by virtue of any authority or appointment contained in any deed or will, to grant, bequeath, devise, (or) as heretofore, any property held in trust for her sole and separate use.(z)

Ibid. § 5.

In case of deser

48. No husband who shall have, as aforesaid, for one year or upwards previous to the death of his wife, wilfully neglected or refused to provide for his wife, or shall have, for that period or upwards, wilfully and maliciously deserted her, shall tion, husband to have the right to claim any right or title in her real or personal estate, after her forfeit all rights in decease, as tenant by the curtesy, or under the intestate laws of this commonwealth.(a)

his wife's estate.

49. No father who shall have as aforesaid, for one year or upwards previous to Ibid. § 6. his death, wilfully neglected or refused to provide for his child or children, shall And also the right have the right to appoint any testamentary guardian of him, her or them, during to appoint a testaminority. mentary guardian. 11 April 1856 § 2.

50. Nothing in said act contained shall be construed to authorize any married woman to contract any debt or liability, so as to make liable her husband or his estate, further than she might have done before the passage of said act.

VIII. Suits by and against husband and wife.

P. L. 315. Husband not to be liable for wife's contract.

P. L. 126.

51. In all cases where a wife has been deserted, abandoned or driven from her 11 June 1879 § 2. home by her husband, it shall be lawful for her to bring suit in any of the courts of this commonwealth, against her husband, or any other person or persons, with- When married woout the assistance or intervention of a trustee or next friend, or may assign, transfer man may sue withthe intervenor indorse over to any person or persons, any mortgage, bond, judgment, promis- out of a trustee. sory note or other evidence of indebtedness, against her husband or any other person, in same manner and with like effect as if she were sole and unmarried, shall also be entitled to the privileges, and be liable for costs as other plaintiffs.

P. L. 344.

52. Hereafter a married woman may sue and be sued civilly in all respects and 8 June 1893 § 3. in any form of action and with the same effect and results and consequences as an unmarried person, (b) but she may not sue her husband, except in a proceeding for May sue and be divorce, or in a proceeding to protect or recover her separate property whensoever sued.

(2) The act of 11 April 1848 was not intended to affect the vested rights of husbands; and does not protect them, for the wife's benefit, against the claims of his creditors. Lancaster County Bank v. Stauffer, 10 P. S. 398. Lefever v. Witmer, Ibid. 505. Boose's Appeal, 18 Ibid. 392. Peck v. Ward, Ibid. 509. Stehman v. Huber, 21 Ibid. 260. Burson's Appeal, 22 Ibid. 164. Bachman v. Chrisman, 23 Ibid. 162. Mann's Appeal, 50 Ibid. 375. Notwithstanding this act, a husband may effect a valid insurance on his interest in his wife's property as tenant by the curtesy initiate. Harris v. York Mutual Insurance Co., 50 P. S. 341. Where real estate is held by husband and wife by entireties, a purchaser at sheriff's sale of the husband's interest cannot recover possession, during the life of the wife. McCurdy v. Canning, 64 P. S.

39.

(y) A husband electing to take against his wife's will, is entitled to one-third, under this act; whilst in case of an intestacy, under the act of 1848, he takes one share with the surviving children. Dickinson v. Dickinson, 61 P. S. 401. He cannot take, in addition, the $300 exemption given to a wife. Bertolet's Estate, 2 Wood. 439.

(z) See Little's Estate, 7 Phila. 495. Clark's Appeal, 79 P. S. 376.

(a) See Charlton's Estate, 3 W. N. C. 305. A hus

band who wilfully and maliciously deserts his wife, is not entitled to curtesy, but he does not forfeit his curtesy by a separation rendered necessary by the circumstances of the parties, nor if, for their mutual comfort, they agree to live apart. Hart v. McGrew, 11 Atlan. 617. Abuse by a husband of his wife will not forfeit his interest in her estate. Coyle's Estate, 1 Lanc. 234. So, a husband does not forfeit his rights by habitual intemperance, in the absence of proof that he neglected or refused to support her or had deserted her. D'Arros's Appeal, 89 P. S. 51. If a defendant alleges a forfeiture by desertion and the plaintiff avers reasonable cause, he must prove such cause as would entitle him to a divorce. Hahn v. Bealor, 132 P. S. 242. See Hahn v. Bealor, 117 P. S. 169. A husband who neglects to support his wife is not entitled to any share in her estate, unless, perhaps, it can be shown that she has a competence in her own right. Hilker's Estate, 22 W. N. C. 148. See O'Neill's Estate, 46 L. I. 220. A husband who deserts his wife for more than a year is barred; and this, although he had in the meantime contributed to her support under an order of court entered against him with his assent. Birchard's Estate, 11 C. C. 234.

(b) See the acts 11 April 1856, § 3, P. L. 315, and 12 June 1878, § 1, P. L. 206.

8 June 1893 § 3.

P. L. 344.

Not to sue hus

band except in divorce or to recover separate property.

Husband not to sue wife except in divorce or to

recover separate property.

he may have deserted or separated himself from her without sufficient cause, or may have neglected or refused to support her, nor may he sue her, except in a proceeding for divorce, or in a proceeding to protect or recover his separate property whensoever she may have deserted him, or separated herself from him without sufficient cause, nor may she be arrested or imprisoned for her torts.

53. In any proceeding brought by either under the provisions of section three to protect or recover the separate property of either, both shall be fully competent witnesses, except that neither may testify to confidential communications made by

Not to be arrested one or the other, unless this privilege be waived upon the trial.

for torts.

Ibid. § 4. Both may testify except as to confidential communications.

P. L. 675.

IX. Contracts between husband and wife.

54. It shall and may be lawful for married women to loan to their husbands moneys, being of the separate estate of the wife, and to take in security therefor 15 April 1851 § 22. a judgment or mortgage against the estate of the husband, in the name of a third person, who shall act as trustee for such married woman; and any such security heretofore or hereafter taken bonâ fide to secure such loan or moneys received by the husband from the proceeds of the real or personal estate of the wife, shall be as good and valid in law against the estate of the husband, as though the same had been invested by a trustee appointed by the court.(c)

Married women may loan money

to, and take secur

ities from their husbands.

28 Oct. 1851 § 7. P. L. 725.

Husband to manage wife's estate, in case of her insanity.

X. Insanity of husband or wife.

55. When any married woman in this commonwealth hath become insane, it shall be lawful for her husband, upon application to the court of common pleas of the proper county, to select and appoint three discreet and intelligent persons, one of whom shall be a practising physician, who shall make an examination, personal or otherwise, of such alleged insanity, and report the facts to the court, and if the said court be fully satisfied that the said married woman is insane, and approve the said report, the same shall be filed of record in said court; and the husband shall To give security. thenceforth, upon giving good and sufficient security to the commonwealth for the faithful performance of his trust, have full power to transact all business relating to the management or disposition of his or her real and personal estate, in as full and ample a manner as he might or could do, if his said wife was sane, and gave her full consent thereto.

25 May 1878 § 1. P. L. 154.

lunatic husbands.

56. Any married woman whose husband has been duly found to be a lunatic, by a court of competent jurisdiction within this commonwealth, and who owns lands Powers of wives of as her separate estate in this commonwealth, in fee simple or otherwise, may dispose of the same, by deed or otherwise, or bind the same by mortgage, as fully and completely as she could, if she were a feme sole, without her husband joining in or consenting to said deed or mortgage, subject nevertheless to the rights of the husband under the intestate laws of this commonwealth: Provided, That the court of common pleas of the proper county may, upon the petition of the committee of the husband, authorize the sale of his rights to, or interest in, such real estate. 28 March 1879 § 1. 57. In all cases where deeds conveying titles to real estate, situated within this

P. L. 14.

commonwealth, have been or shall hereafter be executed by a committee in lunacy, Release of dower. under an order of any court having jurisdiction of the same, it shall be competent for the wife of such lunatic to release or divest her dower right or claim in the nature thereof in such real estate, in the same manner as if she were a widow and not under coverture: Provided, That such release shall have been executed prior to a decree declaring that such lunatic has been restored to his reason or sanity.

MAYHEM.

See CRIMES.

(c) See Gicker's Administrators v. Martin, 50 P. S. 138. Hamill's Appeal, 88 Ibid. 363. ner, 37 L. I. 474. Lyle's Estate, 11 Phila. 64. Flattery v. Flattery, 91 P. S. 474.

Weitzel v. Kep

MEADOW COMPANIES.

1. Consolidation of meadow companies.

2. Manner of consolidation where lands lie in more than one county.

3. Name of consolidated company.

1. Where the districts of two or more meadow companies are contiguous to each 15 May 1893 § 1. other, it shall be lawful for them to consolidate their franchises and corporate P. L. 48. rights and to become one company, by an agreement duly executed and recorded in Two or more comthe office for recording of deeds in each county in which the districts of said panies may consolmeadow companies shall extend.

idate.

Ibid. § 2.

2. It shall also be lawful for the court of common pleas of any county in which the major part of the lands of any meadow company may lie, upon the application Manner of consoli of the said company, to decree the consolidation of said company, with any other dation where lands meadow company controlling contiguous territory, whenever in the opinion of said lie in more than court such consolidation would inure to the public interest; and the said decree one county. shall be recorded in the office for recording deeds in each county into which the districts of said meadow companies shall extend.

Ibid. § 3.

3. In case of consolidation of two or more meadow companies by agreement or by decree as aforesaid, the consolidated company shall be known by the name and be Name of consolisubject to all the provisions of the charter of that one of the original companies dated company. which controlled the larger territory prior to the consolidation.

I. Of the lien.

1. Every building(d) erected(e) within the several counties of this commonwealth, to which the act, entitled "An act securing to mechanics and others, pay