1894

LAWS OF MARYLAND

Ch. 296

In subsection (b)(2) of this section, the phrase
"powers of the trustee" is substituted for the former
clause "uses and trusts for which the trustee holds
the property", for clarity and brevity.

The Commission to Revise the Annotated Code notes, for
consideration by the General Assembly, that the
Married Women's Property Acts, such as former Article
45, § 4, which now appears as subsection (a) of this
section, removed by statute in the late 19th century
the common law disabilities of married women. Former
Article 45, § 3, which now appears as subsection (b)
of this section, codifies a technique developed in
17th century England, but rarely used in the United
States, to reach the same result as the Married
Women's Property Acts. Therefore, the General
Assembly may wish to delete subsection (b) of this
section as obsolete.

4-204. MARRIED WOMAN'S RIGHT TO DEAL AS IF UNMARRIED.

A MARRIED WOMAN MAY DO ANY OF THE FOLLOWING, AS IF SHE WERE
UNMARRIED:

(1)  ENGAGE IN A BUSINESS;

(2)  MAKE A CONTRACT WITH ANY PERSON, INCLUDING HER
HUSBAND, WHETHER OR NOT SHE IS ENGAGED IN BUSINESS;

(3)  BIND HERSELF AND HER ASSIGNS BY A COVENANT
RUNNING WITH OR RELATED TO REAL PROPERTY OR CHATTELS REAL DEEDED
TO HER ON OR AFTER MARCH 19, 1867;

(4)  FORM A PARTNERSHIP WITH ANY PERSON, INCLUDING HER
HUSBAND;

(5)  SUE ON ANY CONTRACT, INCLUDING A CONTRACT MADE
WITH HER HUSBAND;

(6)  SUE FOR THE RECOVERY, SECURITY, OR PROTECTION OF
HER PROPERTY;

(7)  SUE FOR ANY TORT COMMITTED AGAINST HER; AND

(8)  APPOINT COUNSEL TO REPRESENT HER IN AN ACTION
BROUGHT UNDER § 4-205(B) OR (C) OR § 4-301(B) OF THIS TITLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article 45, §
16, § 18, § 20, except as the last clause of that
section related to a woman being sued, and the first
clause of the first sentence of § 5.

In the introductory language of this section, "may" is
substituted for the former language "shall have power
to" and "it shall be competent for", for brevity.