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

tody Of such minor, or by any person sdi ID y. Sa = : - sho Uu s.r ~
marriage be annuIed on the application Of 2 party VINO was Oh
that "a ths 49,; - n aaer they attained the legal age, had for any
time freely <lted as man and wife ~.
Sec. Isl IA marriage may be declared null on the
ground chat one of the parties has an undivorced
husband or wife living, on the application Of either Of the parties
during the lifetime Of the other or on the application u SUE
Sec. 1916. Every woman who shall be deceived
into contracting an illegal marriage with a man hav-
ing another wife living, under the belief that ne :. was as an o unm"a r.
herself and family out Of his properly, ~nl icnr sn :, ma sm J"n,n
provided, always. that such allowance shall not exceed one-third
OF his real and personal estate.
Sec. 1917. The children Of such illegal marriage
shall be entitled to succeed in the same manner as
legitimate children, to all the real and personal estate Of both
parents IN this kingdom.
Sec. 1918. The marriage of an idiot or insane per-
son may be annuiled on the application Of the same
ton of any person admitted by the court to prosecute AS the
the Iunatic himself after restoration to reason, but in such case,
no sentence of nuility shall be pronounced if it shall appear that
the parties freely cohabited as husband and wiie, aiter the luna
tic was restored to a sound mind.
Sec. 1919. Upon the annulment of a marriage on
account of homage, insanity, or idiocy of either party
the issue of the marriage shall be deemed to be in all respects
the legitimate issue of the parent who, at the time of the mar
rage. was capable of contracting.
Sec. 1920. Upon the annulment of a marriage that
is prohibited on account of consanguinity between the
parties, or for a failure on the part of the husband, being a for
eigner, to comply with the requirements Of the law validating
marriage with the female subjects OF this Kingdom, the issue OF
the marriage shall be ilegitimate.
Sec. 1921. A suit 10 annull the marriage on the
ground of the physical incapacity of one of the parties
at the time Of marriage, shall only De ma,nt q "a oy the INJURED uIea
in all cases be brought within two years from the colonization
of the marriage.
See 1922. No sentence of nulity of marriage shall
be pronounced solely on the declarations or confess
sions of the parties, but the court shall, in all cases, require
other satisfactory evidence of the facts on which the allegation
of nullity is founded.
OF DIVORCES NSSOLvING THE MARRIAGE
CONTRACT.
Sec. 1928. The Supreme Court, any Circuit Court,
or any Justice of the Supreme Court at Chambers,
may dissolve the marriage contract and decree a divorce from
the bond ofmatrimony, for the following causes:
1. Adultery by either party.
successive years, shall be presumptive evidence of adultery. and
the court may, at its discretion, grant a divorce for the same.
the commission of a crime for which either party is sentenced to
Imprisonment at hard labor, for life, S or for five five years or more more
ton is made pending the Imprisonment and before pardon
granted.
Sec. 1924. 1.-THE adultery, or other offense amount
ing to adultery, be admitted by the defendant. yet
the court, before pronouncing a decree of divorce, shall require
other satisfactory evidence of the guilt of the accused.
Sec. 1926. Although the fact of adultery, or other
offense amounting thereto, shall be established, the
court may deny a diverc in the following cases:
i. Where the ofense shall appear to have been committed by
2. wherr,he ofense CHARGED shall have been forgiven by the
injured party, and such forgiveness be shown by express proof,
or by the voluntary Capitalization Of the parties, with the knowi-
edge Of the fact
3. Where there shall have been n express forgiveness and no
voluntary cohabhation of the parties. but the suit shall not have
been brought within two years after the discovery by the COM
plainant of the oheEse charged.
l. Where it shall be proved that the complainant has also
been guilty of adultery, or other ofense amounting thereto, un-
der such circumstances as would have entitled the defendant, if
innocent, to a divorce.
Sec. 1896. A divorce for the cause Of adultery COM
mitted by the husband shall not affect the legitimacy
of the issue of the marriage.
Sec. 1927. a divorce for the cause of adultery COM
mitted by the wife, shall not affect the legitimacy Of
the issue OF the marriage, but the legitimacy Of such children, if
questioned, shall he tried and determined by the court. In
every such case. the legitimacy Of such children shall be pre-
sumed, until the contrary be shown.
Sec. 1923. Upon granting a divorce for the adul-
terry or other offense amounting thereto, o: the hus-
band, the court may make such further decree or order against
the defendant, compelling him to provide for the maintenance of
the children of the marriage, and to provide such suitable allow
ance 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 circum-
stances of the case.
Sec. 1929. Upon annulling a marriage, or decree
ing a divorce, the court may make such further de-
cree as it shall deem expedient, concerning the care, custody,
and maintenance of the minor children of the parties,
and determine with which Of the parents the children or 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
the same, as the circumstances of the parents and
the benefit of the children may require.
Sec. 1880. When a divooe is decreed for the adul-
terry, or other offense amounting thereto, of the hus-
band, and the wife shall be the owner of real estate, or have in
her possession any personal property. given to her by her hus-
band, acquired by her own industry, given her by devise or
otherwise, or to which she may be emit led by the decease of any
all such real and personal property shall he her sole
and absolute property.
Sec. 1881. When n divorce is decreed for the adul-
terry or other offense amounting thereto, of the wife,
the husband shall hold her personal estate for ever, and he shal
alive he shall hold her real state for = ,ernn ~ Ia. "a o.
as a tenant by the curtesy provided that the court may
make such reasonable provision for the divorced wife, out OF any
estate that may have belonged to her, as it may deem pro-
Sec. 1882. A wife divorced for adultery or other
amounting thereto, shall NOT be entitled to
lower in her husbands real estate. or any part thereof, nor to
any share of his personal estate.
- Sec. 1899. Whenever the court shall make an order
Dr. decree requiring a husband to provide for the care,
and education of his children, or for an allowance
% his wife, the court may require him to give reasonable secu-
ity for such maintenance and allowance; and upon neglect or
to give such security. or upon default of him and his
sequester his personal estate, and the rents and profits of
his real estate, and may appoint a receiver thereof, and cause
personal estate, and the rents and profits of such real
state, tn be applied towards such maintenance and allowance
to the court shall, from time to time, seem just and reasonable.
Sec. 1884. Whenever a marriage shall be dissolved
or adultery, or other ofense amounting thereto, the
innocent party may marry again at any time, but the guilty
shall not marry again until the death of the innocent one:
provided, however. that either of the Justices of the Supreme
curt shall have power to grant permission to such divorced
to marry again, III shall appear to the satisfaction of such
that three years, o = NOR, nave elapsed since the date at
Which the applicant for such permission was divorced, and that
UGH applicant has not been guilty of fornication or adultery.
Sec. 1885. If any persons, after being divorced for
my cause whatever, shall cohabit as husband and
rife, they shall be liable to all the penalties provided by the
avs against adultery.
SEPARATION.
Sec. 1886. A separation from led and board for
or for a limited time, may be decreed by the
tupreme Court, any Circuit Court, or any Justice of the SUI
IRENE Court at Chambers, for the following causes !. For ex.
essive and habitual il-treatment Of the one party by the other.
For habitual drunkenness Of either party. 3. For the refusal
r neglect of the husband to provide his wife with the necessaries
" life.
Sec. 1887. In any suit brought for a separation,
he defendant shall be permitted to prove, in his
istifcation, the il-conduct of the complainant, and on estab-
shing such defense, to the satisfaction of the court, the suit may
e dismissed.
Sec. 1888. Upon decreeing a separation, the court
make such further decree for the support and
of the wife and her children, by the husband, or
ut OF his property, as may appear just and proper.
Sec. 1889. Whenever a decree of separation is
ranted, the decree shall have the effect, during such
spara,ion, to reinstate the wife. whether the wrongdoer or not,
the right TO sue or be sued, to ALLEVIATE and convey property.
make contracts, and to do all other acts as if she were a feme
Die.
Sec. 1910. Where n decree for a separation forever,
r for a limited period, shall have been pronounced,
may be revoked at any time thereafter, under such regulations
MI restrictions rs the court may impose, upon the joint appli-
OF the parties, and upon their producing satisfactory evil
Of their reconciliation.
Sec. 1341. Upon the hearing of any petition for a
vAraa -. L. oD,-k H.