Polynesian., 1853-11-12

shall be pronounced solely on the decIara-
tions or confessions of the parties, but the
Court shall, in all cases, require other satis-
factory evidence Of the existence Of the facts
on which the allegation Of nullity is founded.
OF DIVORCES DissoLvING THE MARRIAGE CON-
TRACT.
Sec. III. The Supreme Court, any Cir
cult Court, or any Justice of the Supreme
Court at chambers, may dissolve the mar
riage contract and decree divorce from
the bond Of matrimony, for the following
causes
l. Adultery by either party
I'd. Wilful and continued desertion without
cause for five consecutive years shall be
IPresumptive evidence OF adultery, and the
Court may at its discretion grant divorce
for the same.
8. Five years absence in a foreign country
and unheard of the commission of crime
whereby either party is sentenced to impri-
sonment at hard labor for lfe,-or for five
years or more, which shall constitute the per-
son strictly dead when application is made
pending the Imprisonment and before pardon
granted.
Sec. l2. If the adultery, or other offense
amounting to adultery, be admitted by the
defendant, yet the Court before pronouncing
a decree OF divorce shall require other salts
factory evidence of the guilt Of the accused.
Sec. l3. Although the fact of adultery or
other offense amounting thereto shall be es-
tablished, the Court may deny divorce in
the following cases:
l. Where the offense shall appear to have
been committed by the procurement or with
,h,, r
2. Where the offense charged shall have
been forgiven by the injured party, and such
forgiveness be shewn by express proof, or by
the voluntary cohabitation of the parties,
with the knowledge of the fact.
g. Where there shall have been no express
forgiveness and no voluntary cohabitation Of
the parties, but the suit shall not have been
brought within two years after the discovery
by the complainant Of the offense charged.
4. Where it shall be proved that the COM
panani has also been guilty of adultery or
other offense amounting thereto, under such
circumstances as would have entitled the
defendent, If innocent, to divorce.
Sec. H. A divorce for the cause of adul-
terry committed by the husband shall not af-
feet the Legitimacy OF the issue of the mar
riage.
Sec I5. A divorce for the cause OF adul-
terry committed by the wife shall not affect
the legitimacy of the issue Of the marriage
but the legitimacy of such children, il ques-
toned, shall be tried and determined by the
Court In every such case, the legitimacy
of such children shall be presumed, until the
contrary be shown.
Sec Is. Upon granting divorce for the
adultery or other ofiense amounting thereto.
of the husband, the Court may make such
further decree or order against the defendant,
him to provide for the mainten-
ance of the children of the marriage, and to
provide such suitable allowance for the wife,
for her support, as the court shall deem Just
and reasonable, having regard to the ability
of the husband, the character and situation
of The parties, and all other circumstances of
the case.
Sec. Il Upon annulling marriage or de-
creeing divorce, the court may make such
further decree as it shall deem expedient,
the care, custody, education and
maintenance of the minor children OF the par
lies, and determine with which of the parents
The children of any of them shall remain !;
and the court may, from time TO time, alter
wards, on the petition of either OF the parties,
revise and alter such decree concerning the
same, as the circumstances OF the parents
and the benefit of the children may require.
See lS When divorce is decreed for the
adultery, or other offense amounting thereto,
,rthe husband, and the wife shall be the own
er of real estate, or have in her possession any
personal property, given TO her by her hus-
band, acquired by her own industry, gwen
her by devise or otherwise, or to which she
nay be entitled by the decease of any rela-
i've, all such real estate and personal proper
v shall be her sole and absolute property.
Sec 10. When a divorce is decreed for
he adultery or other offensc amounting there
o, of the wife, the husband shall hold her
personal tate forever, and he shall hold her
,eal estate so long as they shall 1--we and
ne shall survive her, and there shall have
been issue Of the marriage born alive, ne
shall hold her real estate for the term OF hls
,wn life, as tenant by the curtesy provi-
led that the court may make such reasona- :. 3
,Ie provision for the divorced wife, out of any
.eal estate that may have belonged to ber, as
hey may deem proper.
Sec. 90. A wife divorced for adultery or
,ther offense amounting thereto, shai! not be
entitled to dover in her husband 8 real estate
" any part thereof, nor to any share OF ms
PERSONAL estate.
Sec. 81. Whenever the court shall make
IN order or decree requiring husband to
provide for the care, maintenance and edu-
.ation of his children, or for an allowance TO
his wife, the cour. may require him to give
reasonable security Tor such maintenance
ind allowance and upon neglect or refusal
o give such security, or upon default OF him
lad his surety to provide such maintenance
ind allowance, the court may sequester his
,ersonal estate, and the rents and profits OF