Paragraph 1. Wife May Sue and Be Sued Alone.

Section 1. Be It Enacted by the People of the State of Illinois, Represented in the Gen-eral Assembly. That a married woman may, in all cases, sue and be sued without joining her husband with her to the same extent as if she were unmarried, and an attachment or judgment in such action may be enforced by or against her as if she were a single woman.

Paragraph 2. Husband and Wife Sued - Either May Defend.

Section 2. If husband and wife are sued together, the wife may defend for her own right, and if either neglect or defend, the other one may defend for such one also.

Paragraph 3. Desertion by One - Other May Use Deserter's Name.

Section 3. When the husband has deserted his family, the wife may prosecute or defend, in his name, any action which he might have prosecuted or defended, and, under like circumstances, the same right shall apply to the husband upon the desertion of the wife.

Paragraph 4. Husband Not Liable for Wife's Torts - Exception.

Section 4. For all civil injuries committed by a married woman, damages may be recovered from her alone, and her husband shall not be responsible therefor, except in cases where he would be jointly responsible with her, if the marriage did not exist.

Paragraph 5. Not Liable for Each Other's Debts.

Section 5. Neither husband or wife shall be liable for the debts or liabilities of the other incurred before marriage, and (except as herein otherwise provided), they shall not be liable for the separate debts of each other, nor shall the wages, earnings or property of either, nor the rent or income of such property, be liable for the separate debts of the other.

Paragraph 9. Wife May Own and Convey as Husband May.

Section 9. A married woman may own, in her own right, real and personal property obtained by descent, gift or purchase, and manage, sell and convey the same to the same extent and in the same manner that the husband can property belonging to him:

Transfer Between Husband and Wife - Limitation. Provided, that where husband and wife shall be living together, no transfer or conveyance of goods and chattels between such husband and wife shall be valid as against the rights and interests of any third person, unless such transfer or conveyance be in writing, and be acknowledged and recorded in the same manner as chattel mortgages are required to be acknowledged and recorded by the laws of this State, in cases where the possession of the Property is to remain with the mortgagor.

Paragraph 6. Wife May Contract as if Unmarried - Exception - Partnership.

Section 6. Contracts may be made and liabilities incurred by a wife, and the same enforced against her, to the same extent and in the same manner as if she were unmarried; but, except with the consent of her husband, she may not enter into or carry on any partnership business, unless her husband has abandoned or deserted, or is idiotic or insane, or is confined in the penitentiary.

Paragraph 7. Her Earnings.

Section 7. A married woman may receive, use and possess her own earnings and sue for the same in her own name, free from the interference of her husband or his creditors.

Paragraph 8. Work for Each Other - No Recovery.

Section 8. Neither husband or wife shall be entitled to recover any compensation for any labor performed or services rendered for the other, whether in the management of property or otherwise.

Paragraph 10. May Sue Each Other for Property.

Section 10. Should either the husband or wife obtain or retain possession or control of property belonging to the other, either before or after marriage, the owner of the property may maintain an action therefor, or for any right growing out of the same, in the same manner and to the same extent as if they were unmarried.

Paragraph 11. Abandonment by One - Other May Obtain Disposition of Property - Proceedings.

Section 11. In case the husband or wife abandons the other and leaves the State, and is absent therefrom for one year, without providing for the maintenance and support of his or her family, or is imprisoned in the penitentiary, any court of record in the county where the husband or wife so abandoned or not confined resides, may on application by petition, setting forth fully the facts, if the court is satisfied of the necessity by the evidence, authorize him or her to manage, control, sell and incumber the property of the other, as shall be necessary in the judgment of the court, for the maintenance and support of the family, and for the purpose of paying debts of the other, or debts contracted for the support of the family. Notice of such proceedings shall be given as in ordinary actions, and anything done under or by virtue of the order or decree of the court, shall be valid to the same extent as if the same were done by the party owning the property.

Paragraph 12. One in possession May Bind Property of Both.

Section 12. All contracts, sales and incumbrances made by either the husband or wife, by virtue of the power contemplated in the preceding section, shall be binding on both, and during such absence or confinement, the person acting under such power may sue and be sued thereon; and for all acts done the property of both shall be liable, and execution may be levied or attachment issued accordingly. No suit or proceeding shall abate or be in anywise affected, by the return or release of the person absent or confined, but he or she shall be permitted to prosecute or defend jointly with the other.

Paragraph 13. Proceedings to Annul Order Limitation.

Section 13. The husband or wife affected by the proceedings contemplated in the two preceding sections may have the order or decree of the court set aside or annulled, by filing a petition therefor and serving a notice on the person in whose favor the same was granted, as in ordinary actions. But the setting aside of such decree or order shall in nowise affect any act done thereunder.

Paragraph 14. One May be Attorney in Fact for Other.

Section 14. A husband or wife may constitute the other his or her attorney in fact, to control and dispose of his or her property for their mutual benefit or otherwise, and may revoke the same to the same extent and in the same manner as other persons.

Paragraph 15. Expenses of Family - Chargeable on Both.

Section 15. The expenses of the family and the education of the children shall be chargeable upon the property of both husband and wife, or of either of them in favor of creditors therefor, and in relation thereto, they may be sued jointly or separately.

Paragraph 16. Removal from Homestead - Limitation - Custody of Children.

Section 16. Neither the husband nor wife can remove the other or their children from their homestead without the consent of the other, unless the owner of the property shall, in good faith, provide another homestead suitable to the condition in life of the family; and if he abandon her, she is entitled to the custody of the minor children, unless a court of competent jurisdiction, upon application for that purpose, shall otherwise direct.

Paragraph 17. Insanity - Release of Dower, Homestead - Petition.

Section 17. When the husband or wife is insane, and shall have been insane continuously for a period of not less than one year, and therefore incapable of executing a deed or mortgage, and relinquishing his or her right to curtesy, dower or homestead in the real property of the other, the same person may present his or her petition to any court having general chancery jurisdiction in the county where such petitioner resides, or where the real estate to be affected is situated, setting forth the facts and particularly describing the real estate sought to be conveyed or mortgaged, and praying for an order authorizing the applicant, or some other person, to execute a deed of conveyance or mortgage for such insane person, and thereby relinquish his or her right of curtesy, dower or homestead in said real estate.

Paragraph 18. Petition - Verification-Notice - Guardian Ad Litem - His Duty.

Section 18. The petition shall be verified by the oath of the petitioner, and shall be filed in the office of the clerk of the proper court. Notice of the filing of such petition shall be given to such insane person as is required to be given to defendants in chancery, by service of summons or by publication. The court shall appoint some discreet person or attorney guardian for the person alleged to be insane, who shall ascertain as to the propriety, good faith and necessity of the petition, and shall have power to resist such application, and subpoena witnesses and take depositions to disprove any of the matters in the petition, or show the impropriety of granting the same.

Paragraph 19. Decree for Commissioner to Convey.

Section 19. If the court is satisfied upon the hearing that the petition was made in good faith, and the prayer thereof ought to be granted, then the court shall enter a decree granting such prayer, and authorizing some discreet and proper person to make, execute, acknowledge and deliver jointly with said petitioner all such conveyances of mortgages, and of such parcels of land as shall in said decree be specified.

Paragraph 20. Insane Person's Rights Secured.

Section 20. The court shall require of the petitioner, at the time, and as one of the conditions of granting said decree, such security for the protection of the interests, and for the proper support of such insane person, as the court shall deem satisfactory, and may from time to time renew or change the same, or require additional security. Such security shall be deposited with the clerk of the court, and suits may be maintained thereon for the benefit of such insane person in any court of competent jurisdiction; or the court shall order such portion of the money received from the sale of such property as the court shall deem equitable and just, to be set apart in such manner as. the court shall direct, for the use and benefit of such insane person; and such sum, so set apart, shall be and remain subject to the control and order of the court.

Paragraph 21. Insanity - Conveyance Under Decree - Effect.

Section 21. All deeds of conveyance or mort--gages authorized by and executed under the order of any court, made as hereinbefore provided, shall be valid in law and equity, and shall convey all the curtesy, dower or homestead interest of such insane person in and to the real estate so conveyed or mortgaged, as fully as if such person had been sane, and executed and acknowledged the same in due form of law.