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§ 55. Contract of married woman not to bind husband. A contract made by a married woman does not bind her husband or his property.

Derivation: Domestic Relations Law, § 25.

§ 56. Husband and wife may convey to each other or make partition.

Husband and wife may convey or transfer real or personal property directly, the one to the other, without the intervention of a third person; and may make partition or division of any real property held by them as tenants in common, joint tenants or tenants by the entireties. If so expressed in the instrument of partition or division, such instrument bars the wife's right to dower in such property, and also, if so expressed, the husband's tenancy by courtesy.

Derivation: Domestic Relations Law, § 26.

§ 57. Right of action by or against married woman for torts. A married woman has a right of action for an injury to her person, property or character or for an injury arising out of the marital relation, as if unmarried. She is liable for her wrongful or tortious acts; her husband is not liable for such acts unless they were done by his actual coercion or instigation; and such coercion or instigation shall not be presumed, but must be proved. This section does not affect any right, cause of action or defense existing before the eighteenth day of March, eighteen hundred and ninety. Derivation: Domestic Relations Law, § 27.

§ 58. Pardon not to restore marital rights..

A pardon granted to a person sentenced to imprisonment for life within this state does not restore that person to the rights of a previous marriage or to the guardianship of a child, the issue of such a marriage.

Derivation: Domestic Relations Law, § 28.

§ 59. Compelling transfer of trust property.

A person who holds property as trustee of a married woman, under a deed of conveyance or otherwise, may, on the written request of such married woman, accompanied by a certificate of a justice of the supreme court, that he has examined the condition and situation of the property, and made inquiry into the capacity of such married woman to manage and control the same, convey to such married woman all or any portion of such property, or the rents, issues or profits thereof.

Derivation: Domestic Relations Law, § 29.

§ 60. Married woman's right of action for wages.

A married woman shall have a cause of action in her own sole and separate right for all wages, salary, profits, compensation or other remuneration for which she may render work, labor or services, or which may be derived from any trade, business or occupation carried on by her, and her husband shall have no right of action therefor unless she or he with her knowledge and consent has otherwise expressly agreed with the person obligated to pay such wages, salary, profits, compensation or other remuneration. In any action or proceeding in which a married woman or her husband shall seek to recover wages, salary, profits, compensation or other remuneration for which such married woman has rendered work, labor or services or which was derived from any trade, business or occupation carried on by her or in which the loss of such wages, salary, profits, compensation or other remuneration shall be an item of damage claimed by a married woman or her husband, the presumption of law in all such cases shall be that such married woman. is alone entitled thereto, unless the contrary expressly appears. This section shall not affect any right, cause of action or defense existing prior to May seventeenth, nineteen hundred and five.

Derivation: Domestic Relations Law, §. 30, added by L. 1902, ch. 289, § 1, amended by L. 1905, ch. 495, § 1; L. 1905, ch. 495, § 2, incorporated.

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ARTICLE 5.

THE CUSTODY AND WAGES OF CHILDREN.

SECTION 70. Habeas corpus for child detained by parent. 71. Habeas corpus for child detained by Shakers. 72. Payment of wages to minor; when valid.

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§ 70. Habeas corpus for child detained by parent.

A husband or wife, being an inhabitant of this state, living in a state of separation, without being divorced, who has a minor child, may apply to the supreme court for a writ of habeas corpus to have such minor child brought before such court; and on the return thereof, the court, on due consideration, may award the charge and custody of such child to either parent for such time, under such regulations and restrictions, and with such provisions and directions, as the case may require, and may at any time thereafter vacate or modify such order.

Derivation: Domestic Relations Law, § 40.

§ 71. Habeas corpus for child detained by Shakers.

If it shall appear on such application, or the return of the writ, that the husband or wife of the applicant has become attached to the society of Shakers, and detains a child of the marriage am them, and that such child is secreted or concealed among them, the court may issue a warrant in aid of such writ of habeas corpus, directed to the sheriff of the county where the child is suspected to be, commanding such sheriff, in the day time, to search the dwelling-houses and other buildings of such society, or of any members thereof, or any other building specified in the warrant, for such child, and to bring him before the court, and the sheriff must forthwith execute such warrant. 1

Derivation: Domestic Relations Law, § 41.

§ 72. Payment of wages to minor; when valid.

Where a minor is in the employment of a person other than his parent or guardian, payment to such minor of his wages is valid, unless such parent or guardian notify the employer in writing,

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within thirty days after the commencement of such service, that such wages are claimed by such parent or guardian, but whenever such notice is given at any time payments to the minor shall not be valid for services rendered thereafter.

Derivation:

Domestic Relations Law, § 42.

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ARTICLE 6.

GUARDIANS.

SECTION 80. Guardians in socage.

81. Appointment of guardians by parent.

82. Powers and duties of such guardians.

83. Duties and liabilities of all general guardians.

84. Guardianship of married woman.

85. Investment of trust funds by guardian.

86. Guardianship of indigent children by incorporated orphan
asylums.

87. Record of children to be kept by orphan asylums.
88. Care and custody of poor children in institutions.

§ 80. Guardians in socage.

Where a minor for whom a general guardian of the property has not been appointed shall acquire real property, the guardianship of his property with the rights, powers and duties of a guardian in socage belongs:

1. To the father;

2. If there be no father, to the mother;

3. If there be no father or mother, to the nearest and eldest relative of full age, not under any legal incapacity; and as between relatives of the same degree of consanguinity, males shall be preferred.

The rights and authority of every such guardian shall be superseded by a testamentary or other guardian appointed in pursuance of this article.

Derivation: Domestic Relations Law, § 50.

§ 81. Appointment of guardians by parent.

A married woman is a joint guardian of her children with her husband, with equal powers, rights and duties in regard to them. Upon the death of either father or mother, the surviving parent, whether of full age or a minor, of a child likely to be born, or of any living child under the age of twenty-one years and unmarried, may, by deed or last will, duly executed, dispose of the custody and tuition of such child during its minority or for any less time, to any person or persons. Either the father or mother may in the life

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