been made, it shall be the duty of the board of supervisors or commis. sioners for any county in behalf of which such agreement shall have been made, or of the trustees of the village or town, in behalf of which such agreement has been made, as the case may be, to give public notice thereof, in some newspaper printed and published within said county, for a period not less than four weeks, and such notice shall state the period of time for which such agreement will remain in force. [As amended by act approved May 31, 1879. In force July 1, 1879. L. 1879, P. 177.

9. Commitment. § 9. In counties, towns and villages having such agreement with any such city, it shall be the duty of every court, police justice, justice of the peace, or other magistrate in such county, town or village, by whom any person, for any crime or misdemeanor, punishable by imprisonment in the county jail, shall be convicted, to commit such person to the house of correction, in lieu of committing him to the county jail, village or town calaboose, there to be received, and kept in the manner prescribed by law and the discipline of said house of correction. And it shall be the duty of such court, police justice, justice of the peace, or other magistrate, by a warrant of commitment, duly issued, to cause such person so sentenced, to be forthwith conveyed by some proper officer to said house of correction. [As amended by act approved May 31, 1879. In force July 1, 1879. `L. 1879, p. 178.

10. Conveying convict to house of correction — fees. 10. It shall be the dnty of the sheriff, constable or other officer in and for any county having such agreement with any such city to whom any warrant of commitment for that purpose may be directed by any court, justice or magistrate aforesaid, in such county, to convey such person so sentenced to the said house of correction, and there deliver such person to the keeper or other proper officer of said house of correction, whose duty it shall be to receive such person so sentenced, and to safely keep and employ such person for the term mentioned in the warrant of commitment, according to the laws of said house of correction; and the officers thus conveying and so delivering the person or persons so sentenced shall be allowed such fees, as compensation therefor, as shall be prescribed or allowed by the board of supervisors or commissioners of the said county.

11. Application of other laws, etc. II. All provisions of law and ordinances authorizing the commitment and confinement of persons in jails, bridewells and other city prisons, are hereby made applicable to all persons who may or shall be, under the provisions of this act, sentenced to such house of correction.

12. House of shelter. § 12. It shall be lawful for the inspectors of any such house of correction to establish in connection with the same a department thereof, to be called a house of shelter, for the more complete reformation and education of females. The inspectors shall adopt rules and regulations by which any female convict may be imprisoned in one or more separate apartments of the said house of correction, or of the department thereof called the house of shelter. The superintendent of said house of correction shall appoint, by and with the advice of the

board of inspectors, a matron and other teachers and employees for the said house of shelter, whose compensation shall be fixed and provided for as in this act provided for the officers and other emyloyees of the said house of correction.

13. Expenses. § 13. The expenses of maintaining any such house of correction over and above all receipts for the labor of persons confined therein, and such sums of money as may be received from time to time by virtue of an agreement with a county, as in this act contemplated, shall be audited and paid from time to time by the legislative authority of such city, and shall be raised, levied and collected as the ordinary expenses of the said city.

14. United States convicts. § 14. It shall be lawful for the inspectors of any such house of correction to enter into an agreement with any officer of the United States authorized therefor, to receive and keep in such house of correction any person sentenced thereto, or ordered to be imprisoned therein, by any court of the United States or other federal officer, until discharged by law.

15. Bridewell changed to house of correction. § 15. That in any such city having, prior to the passage of this act, [*575] established a bridewell for the confinement of convicted persons, such institution shall, immediately upon the appointment of the inspectors in this act contemplated, be known and denominated as the house of correction of the city in which it is located.

16. Salary of superintendent record of conductgood time. 16. The superintendent of any such house of correction shall receive a salary per annum, to be fixed by the legislative authority of such city, to be paid quarterly. It shall be his duty to keep a record of each and all infractions of the rules and discipline of said house of correction, with the names of each, the convict offending, and the date and character of each offense, and every convict sentenced or committed for six months or more, whose name does not appear upon such record, shall be entitled to a deduction of three days per month from his or her sentence, for each month he or she shall continue to obey all the rules of said house of correction.

17. Oath-bond. 17. The inspectors of any such house of correction and the superintendent thereof, shall, before they enter on the duties of their respective offices, take and subscribe the usual oath of office. Said inspectors and superintendent shall severally give bond to such city with sureties, and in a penal sum such as may be required by the legislative authority thereof, for the faithful performance of their duties.

§ 18, repeal, omitted. See "Statutes," ch. 131, § 5.

AN ACT to revise the law in relation to husband and wife. [Approved March 30, 1874. In force July 1, 1874.]

1. Married woman may sue and be sued. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General 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.

[Chestnut v. Chestnut, 77 Ill. 346; Hamilton v. Hamilton, 89 Ill. 349; Burchard v. Dunbar, 82 Ill. 456; Hayner v. Smith, 63 Ill. 430; C. B. & Q. R. R. Co. v. Dickson, 67 Ill. 122: City of Chicago v. McGraw, 5 l. 566; C. & N. W. R. R Co. v. Button, 68 Ill. 409; Jaycox v. Wing, 66 Ill. 1 ; Schmidt y. Postel, 63 Ill 58; Johnson v. Johnson, 72 III 489; Tinkler v. Cox, 68 l. 119; Emerson v. Clayton, 32 ill. 493; Beach v. Miller, 51 Ill. 206; Noble v. McFarland, 51 Ill. 227; R. R. Co. v. Groble 46 Ill. 445; I. B. & W. Ry. Co. v. McLaughlin, 77 Ill. 275; McMullen v. Vanzant, 73 l. 191 Anderson v. Friend, 71 Ill. 476; Martin v. Robson, 65 Ill. 139; Hagebush v. Ragland, 78 Ill. 40; R. R. Cn. v. Dunn, 52 Ill. 260; Hennies v. Vogel, 66 Ill. 401; Dubois v. Jackson, 49 Ill. 49; Rose v. Sanderson, 38 Ill. 247; Castner v. Walrod, 83 Ill. 171; Musgrave v. Musgrave, 54 Ill. 186; Pfirshing v. Falsh, 87 Ill. 260.

2. When husband and wife sued together. § 2. If husband and wife are sued together, the wife may defend for her own right, and if either neglect to defend, the other may defend for such one also. [Schmidt v. Postel, 63 Ill. 58; Getzler v. Saroni, 18 II. 511.

3. When husband deserts family. 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.

[Peru v. French 55 Ill. 314; Prescott v. Fisher, 22 Ill. 390; Love v. Moynehan, 16 Ill. 282.

CHAP. 68.

HUSBAND AND WIFE.

4. Husband not liable for wife's torts, except, etc. 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.

[Greenleaf v. Beebe, 80 Ill. 520; Dow v. Eyster, 79 Ill. 254; Blake v. Blake, 80 Ill.

523.

5. Not liable for each other's debts. § 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.

[Blood v. Barnes, 79 Ill. 437; Primmer v. Clabaugh, 78 Ill. 94; Nixon v. Halley, 78 Ill. 611; Greenleaf v. Beebe, 80 Ill. 520; McMurtry v. Webster, 48 Ill. 123; Howarth v. Warmser, 58 Ill. 48; Hockett v. Bailey, 86 Ill. 74; Wendt v. Martin, 89 Ill. 139; Schnuckle v. Bierman, 89 Ill. 455; Morrissey v. Stephenson, 86 Ill. 344; Wilhelm v. Schmidt, 84 Ill, 183.

6. Wife may contract-partnership. § 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 her, or is idiotic or insane, or is confined in the penitentiary. [Hagebush v. Ragland, 78 Ill. 40; Doyle v. Kelly, 75 Ill. 574; Husband v. Epling, 81 Ill. 172; Greenleaf v. Beebe, 80 Ill. 520; Mudge v. Bullock. 83 Ill. 22; Thompson v. Weller, 85 Ill. 197; Hazelbaker v. Goodfellow, 64 Ill. 239; Garvin v. Gaebe, 72 Ill. 447; Primmer v. Clabaugh, 78 Ill. 95; Blood v. Barnes, 79 Ill. 437; Nelson v. Smith, 64 Ill. 394; Douglas v. Gausman, 68 III. 171; Greenwood v. Jenkle, 68 Ill. 320; Patten v. Patten, 75 Ill. 446; Haight v. McVeagh, 69 Ill. 625; T. W. & W. Ry. Co. v. Brooks, 81 Ill. 292; Walker v. Coleman, 81 Ill. 395; Yazel v. Palmer, 81 Ill. 82; Anderson v. Armstead, 69 Ill. 452; Oglesby Coal Co. v. Pasco, 79 Ill. 164; Elijah v. Taylor, 37 Ill. 249; Dean v. Bailey, 50 Ill. 484; Wortman v. Price, 47 Ill. 22; Haines v. Haines, 54 Ill. 74; Wilson v. Loomis, 55 III. 352; Carpenter v. Mitchell, 50 Ill. 470; Carpenter v. Mitchell, 54 Ill. 127; Cookson v. Toole, 59 Ill. 515: Schmidt v. Postel, 63 Ill. 58; Williams v. Hugunin. 69 Ill. 214; Halley v. Ball, 66 Ill. 252; Furness v. McGovern, 78 Ill. 337; Nixon v. Halley, 78 Ill. 612; Conkling v. Doul, 67 Ill. 355; Wilhelm v. Schmidt, 84 Ill. 183; Garland v. Peeney, 1 Brad. 108; Pfirshing v. Falsh, 87 Ill. 261; Nispel v. Laparle, 74 Ill. 306.

7. Her own earnings. §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.

[McDavid v. Adams, 77 Ill. 155; Kase v. Painter, 77 Ill. 543; Partridge v. Arnold, 73 Ill 600; Guill v. Hanny, 1 Ch. L. J. 457; Walker v. Carrington, 74 III. 446.

8. Neither to recover from the other for services. § 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.

[*577]

9. Wife may own, convey, etc., real and personal property, etc. 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: 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.

[Harrer v. Wallner, 80 Ill. 197; Phillips v. North, 77 Ill. 243; I. B. & W. Ry. Co. v. McLaughlin, 77 Ill. 275; Patrick v. Patrick, 77 III. 555; Bauman v. Street, 76 Ill. 526; Botsford v. Wilson, 75 Ill. 132; Wing v. Goodman, 75 l. 159; Tooke v. Newman, 75 Ill. 215; Patten v. Patten, 75 Ill. 446; Bongard v. Core, 82 Ill. 20; Kahn v. Wood, 82 Ill. 219; Clinton v. Kidwell, 82 Ill. 427; Yazel v. Palmer, 81 Ill. 82; In re Tuller, 79 Ill. 99; Hogan v. Hogan, 89 Ill. 427 Majors v. Everton, 89 Ill. 56; Emmert v. Hays, 89 Ill. 11; Mudge v. Bullock, 83 Ill. 22; Whitford v. Daggett, 84 Ill. 144; Nixon v. Halley, 78 Ill. 611; Yazel y. Palmer, 81 Ill. 82; Reeves v. Webster, 71 Ill. 307; Huftalin v. Misner, 70 Ill. 56; Pomeroy v. Ins. Co., 40 Ill. 399; Thomas v. Thomas, 51 Ill. 165; Carpenter v. Mitchell, 50 Ill. 470; Farrell v. Patterson, 43 Ill. 53; Brownell v. Dixon, 37 Ill. 197; Manny v. Rixford, 44 III. 129; Cole v. Van Riper, 44 Ill. 58; Freeman v. Hartman, 45 Ill. 60; Scovil v. Kelsey, 46 Ill. 346; Dean v. O'Meara, 47 Ill. 121; Scovill v. McConnell, 47 Ill. 277; Noble v. McFarland, 51 Ill. 229; Morrison v. Brown, 83 Ill. 562; Lewis v. Graves, 84 Ill. 205: Schaper v. Schaper, 84 Ill. 603; Thompson v. Weller, 85 Ill. 197; Herdman v. Pace, 85 111. 345: Elder v. Jones, 85 Ill. 384; Brooks v. Kearns, 86 Ill. 547; Mattingly v. Obley, Brad. 626; McClay v. Smith, 87 Ill. 111; Morrissey v. Stephenson. 86 Ill. 344; McClay v. Smith, 87 Ill. 111; Lincoln v. McLaughlin, 74 I. 12; Nispel v. Laparle, 74 Ill. 306; Barnes v. Ehrman, 74 Ill. 402; Knox v. Brady, 74 lll. 476'; Whitford v. Daggett, 84 Ill. 144.

10. When either unlawfully obtains, etc., property of the other. § 10. Should either the husband or wife unlawfully 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.

[Fargo v. Goodspeed, 87 Ill. 290; Stone v. Wood, 85 Ill. 603; Schaper v. Schaper, 84 Ill. 603.

11. When either abandons the other-proceedings to sell, etc. II. 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 support and maintenance 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 any thing 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.

[Musgrave v. Musgrave, 54 Ill. 186; Harper v. Rooker, 52 III. 370.