The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1859-09-28

trdsG & Skstl Be necessary that the respective partNs
Be .es = go e.hss within the nsrsh Sss sssns o. oons,ssa e :;
least seventeen years Of age, and the female at least fourteen
living Il : AZ. md that the woman %na shall not have at the time : hus-
band living. It shall also be necessary to validate the ms 5
coming here to reside, that the foreigners have become first duly
cs.s ! 1s isai By 70 s, SaMv the he , hath s IN al1ssla ~issoa ana lis { sas for Z that
purpose first obtained, from the agent duly authorized to grant
licenses TO marry, agreeabIy to the laws.
&c., 1885. The marriage rite may he performed
and solemnized by any person duly author,zeu
s os Sd' bg't th nf1 foregoing Sc section a% j who IN may be at liberty to
receive the price to be stipulated by the parties, or the sraunca-
ton rendered to him.
Sec. 1886. The husband, whether married in pur-
suance of this article, or heretofore. or whether
validity married RED in IN this SIX kingdom sIom,s or IN ,a s1 mn o~ other nro eoaatry sor al all
the debts contracted by his wife anterior to, and during marriage;
have interTosed had she remained sole. The husband shall be
bound in law t. maintain, provide for, and support re m NH nh he
supports and maintains himself The husband shall, in virtue
posed on him by law, be the virtual owner, except otherwise
stipulated by express Press marriage a,sri :, contract m.sriss Of all ana %0 "s all P mopaSs
property accruing to her after marriage over all OF which NOV
have absolute control for the purposes of sale Or otherwise, and
the same shall be equally liable with hi, own for his private private
otherwise stipulated by express contract, have the custody, use
and immovable nature, belonging to his wife before marriag or
accruing to her after marriage and he may, with her written
exceeiing the term Of his naturallne provided, that in case his
shall cease to have control over the immovable and fixed pro-
perry of his wife, and the same shall Immediately descend to her
"tis - u sc ha uiSu WIZ Iess Sh"iS noPp".
mate issue of the marriage within the age of legal majority in
said mmovabie or axed property, until such issue shall attain
majority, when the same shall descend to the heir or heirs OF
the body of the wife. The immovaole and fixed property Of the
wife shall not be liable to be sold for the payment of the hus-
bands debts, whether contracted in his own behalf solely, or in
support of or for the use of his wife after marriage. But such
immcvabls and fixed property may be legally sold on eSeuttO on
property of the husband be found to satisfy the same.
Sec. 1887. The wife, whether married in pursu-
ance of this article or heretofore, or whether validity
married in this kingdom or in some other country, and residing
in this, shall be deemed tor all civil purposes, to be merged In
her husband, and civilly dead. She shall not without his con,
sent. unless otherwise stipulated by anterior contract, have legal
power to make contracts, or to ALLEVIATE and dispose Of property
sloie y any court OF Justice, without Joining nr husband IN
suit, and she shall in no case be liable to Imprisonment IN a
damages. for all the torfuous acts of his wife for assaults, for
ISLANDERS, for lioels, and for consequsntial injuries done by her to
Sec. 1888. The children of a valid marriage shall
be denominated Legitimate and the husband OF said
marriage shall he liable for their suitable and proper support in
all respects, until they severaly attain the age oil majority,
when his liability shall cease for further provision. He shall
also be entitled to control and manage his children. ii all re.
their hands. He shall be the natural guardian CT their persons
tortuous acts committed by them, and entitled to prosecute and
defend all actions at law in which they or their individual pro-
perty may be concerned.
Sec. 1889. Children whose parents shall not have
been legally married, in contemplation of this article.
shall be denominated bastards, and shall not be entitled to in
vided, nevertheless, that the female parent shall he compellable
to maintain and support them during minority, and they shall
be capable to take by inheritance from the mother, without will.
Sec. 1890. Marriages legal in the country where
contracted shall be held legal in the courts of this
kingdom.
Sec. 1921. When a male under twenty years of
age, or female under eighteen years of age, is to be
married, the consent Of the parent guardian, o other person
Kingdom, shall be first Obtained.
Sec. 1892. Any justice of the supreme judicial
court, or of any circuit court, on application of any
married woman. whose husband has absented himself from the
kingdom, abandoning her. and not making sufficient provision for
her maintenance, may empower her, during his absence, and hl
his return, in her own name. to make and execute any contract
under seal or otherwise.
Sec. 1928. She may also be so authorized TO make
sale OF any estate, real or personal, of which she is
instruments. necessary for that = ose.
Sec. 1894. She may also commence, prosecute,
and defend any action in law, or in equity, to final
Judgment and execution, in like manner as if she were unmar-
Sec. 1895. The supreme or circuit courts may
also, on her petition, authorize any person holding
money or other personal property, to which the person is enti-
authorize her to give a discharge for the same, which shall be
valid and to use and dispose Of such property, during the
Sec. 1896. Upon applicatian, for any of the pur-
poses before mentioned, the justice before granting
any of the powers before mentioned, shall order notice to be
one OF the newspapers issued in Honolulu, the last publication of
which, to be at least three calendar months befors the granting
Of the application.
Sec. 1897. All contracts, lawfully made by any
married woman, by virtue of any power given her as
aforesaid, shall be binding on her and her husband. in like man.
ner "a if their marriage had taken place after such contracts;
and during his absence, she shall be liable to be sued thereon, as
the power granted to her is continued.
Sec. 1898. No suit pending, where the wife shall
be a party pursuant to power granted her as before
but, on his application, he may be admitted to prosecute Or
place after the commencement of such suit. but il he shall the
admitted IS a party judgment shall be rendered, and execution
il Judgment had been rendered for " against her before their
inter-marriage.
ART. LIv.-Of Do,rer.
Sec. 1899. Every woman shall be endowed of
one-third part of all the lands owned by her husband
at any time during marriage, in fee simple, in freehold, o for
the term remain unexpired, but in no less estate, unless she is
lawfully barred thereof; she shall also be entitled, by way of
movable effects. in possession, or reducibie to possession. at the
time of his death, after the payment Of all his just debts.
Sec. 1900. If a husband seized of lands in fee
simple, freehold, or for a term of fifty years, as speci-
fed in the preceding section, shall exchange them for other
ands, his widow shall not have dover in both, but shall make
her election to be endowed Of the lands given, or If those taken
in exchange, within six months after the death of her husband,
lands received in exchange.
Sec. 1901. Where any person seized of lands, as
aforesaid, shall have executed a mortgage of such
to dover out of the lands mortgaged, as against every person
except the MORTGAGE and those claiming under him.
Sec. 1902. Where a husband shall purchase
lands during coyerture, and shall at the same time
mortgage his estate lin such lands to secure the payment of the
purchase money, his widow shall not be entitled to dover out Of
him, although she shall not have united in such mortgage, but
she shall be entitled to her dover as against all other persons.
Sec. 1908. Where in such case the MORTGAGE. or
those claiming under him shall, after the death of
her husband, cause the land mortgaged to be sold, and any sur
plus shall remain, after the payment OF the moneys due on such
and the costs and charges Of the sale, the widow shall
he entitled to the interest or income of the onethird part of such
surplus, for her life, as her dover.
Sec. 1904. a widow shall not be endowed of
lands conveyed to her husband by way of mort
gage, unless he acquired an absolute estate therein during
Sec. 1906. When n widow is entitled to dover in
lands of which her husband died seized, she NAV
continue to occupy the same, with the children or other heirs Of
the deceased, 0 II to receive onethird part of the rents, issues
and profits thereof, SO long as the heirs do not object thereto,
without having her dover assigned.
Sec. 1906. A widow may remain in the HUUUe of
husband sixty days after his death, without being
rhargable with rent therefor, and in the mean time she shall
her reasonable sustenance out of his estate.
Sec. 1907. In case of divorce, dissolving the mar
rage contract, for the misconduct of the wife, she
shall not be endowed.
Sec .1308. A woman may bar her right of dover,
in any estate conveyed by her husband, by joining