OF HUSBAND AND WIFE,
AN ACT to amend the act entitled " An act for the protection of women, Passed at Dover, April 9, 1873.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That the act entitled " An act for the protection of women, " passed at Dover, April 9, 1873, be and the same is hereby amended as follows: Strike out the whole of section 1 thereof, and insert the following in lieu thereof, viz :
SECTION 1. That the real and personal property of any married woman, which has been heretofore acquired, is now held, or which she may hereafter acquire in any manner whatsoever, from any person other than her husband, shall be her sole and separate property, and the rents, issues and profits thereof shall not be subject to the disposal of her husband, nor liable for his debts.
SECTION 2. That any executrix or administratrix, being a married woman, shall have as full power to act in such representative capacity as though she was a feme sole and the of marriage shall not give her husband any right to participate in any manner in the management, direction and settlement of the estate of the deceased, nor shall he be liable for any act or default of hers as such executrix or administratrix, unless he is a party to her bond, as such.
SECTION 3. And be it further enacted, That where a married woman becomes a purchaser of real estate, she may secure the purchase money or part of it by recognizance, bond, mortgage, or otherwise, as single women may, and her husband need not be a party, nor consent to such act of giving security, and in any case where it may be proper for a party to give a bond with or without warrant of attorney, a married woman may do the same, Provided, however, that in case of her entering into recognizance, or giving bond or mortgage, or making other contract for the payment of money, her husband shall not be liable unless he be a party thereto liable
SECTION 4. Section 2 of this act shall be printed in all future editions of the laws of this State, as section 8 of the act entitled " An act for the protection of woman," passed at Dover, April 9, 1873," and section 3 of this act shall be printed as aforesaid as section 9 of the act heretofore mentioned in this section entitled " An act for the protection of women.
SECTION 5. And be it further enacted, That the following words in the 2d and 3d lines of the 5th section of chapter 550, of the 14th volume of the laws, be stricken out, viz - with the written consent of her husband, given under his hand and seal in the presence of two witnesses."
Passed at Dover, March 17, 1875.