The Hawaiian gazette., 1870-07-20
AN ACT.
Relating to Divorce.

SECTION 1. divorces from the bond o
matrimouy shall be granted for the cause
hereinafter set forth, and no other
First-For adultery in either party, o.
for wilful and utter desertion for the tern
of three years, or when either party il
sentenced to Imprisonment for the tern
life, or for seven years or more, and nc
pardon granted to a party so sentenced
after divorce for such a cause, shall restor,
such party to conjugal rights; and wher
it is shown to the satisfaction of the Court
that either party has contracted the dis
ease known as Chinese Leprosy, and is in
capable of cure.
lSesoad-For extreme cruely, habitual
intemperance, or when the husband being
of sufficient ability to provide suitable
maintenance for his wife, neglects or re
fuses to do So But if the party applying
for divorce, shall not insist upon a di-
vorce from the bond of matrimony, di.
vorce only from bed and board shall be
granted, and the relations of the parties
after such divorce, shall be regulated by
existing laws concerning separation.
SECTION 2. Exclusive jurisdiction in
matters of divorce is conferred upon the
Circuit Courts of the Judicial Circuit, in
which the parties shall have last lived to-
gether as husband and wife; provided that
if they shall have last lived together as
husband and wife in Oahu, the Supreme
Court shall exercise jurisdiction. But all
such cases shall be regularly entered on
the calendar like other civil actions. No
such case shall be heard at chambers, and
no consent of parties shall warrant the
Courts in hearing divorce causes, or any
matter connected Herewith, except during
regular sessions in the public Court rooms.
No divorce shall be granted for any cause,
if the parties have not lived together as
husband and wife, within this Kingdom.
The Circuit Courts shall not act upon any
libel for divorce, or any matter connected
Herewith, unless a Circuit Judge shall be
in attendance, as well as Justice of the
Supreme Court. In all proceedings before
the Supreme Court, connected with di-
vorce causes, the presence of at least two
justices shall be required.
SECTION 3. All proceedings for divorce
shall be commenced by libel, to be signed
by the hbellant, and sworn to, and the
same shall set forth the marriage of the
parties, and the causes of divorce, with
sufficient particularly to constitute case
for judicial action. Such libels shall be
fled in the Office of the Clerk of the prop
er Court, and upon fling thereof, writ
of summons, with a certified copy of the
libel attached, shall be issued, returnable
at the term Of the Court next after the
expiration of forty days from the day of
fling the same. Such process shall be
served by delivering the same personally
to the respondent, and the Court shall not
entertain jurisdiction of such libel, even
bx consent of the respondent, unless such
personal service shall have been complet-
ed more than thirty days before the first
day of the term to which the same shall
be returnable, except as is provided in
the following section.
SECTION 4. If personal service shall
not have been made as aforesaid, and it
appears by return of the officer, that after
diligent search the respondent cannot be
found, the Court, at the return term, shall
order that the case stand continued until
the next succeeding term, and that in the
meanwhile an attested copy of the libel
and summons shall be printed in the Gov
ernment Gazette and Re Au Okoa, at
least SIX times, the last publication to be
at least twenty days before the next term
of the Court, and the Court shall direct
such further and other notice to be given,
as the circumstances of the case may re-
quire.
SECTION 5. Upon the hearing of every
libel for divorce, the Court shall require
exact legal proof upon every point, not
withstanding the consent of parties; and
the admission of the respondent shall not
be competent evidence, except to prove
the original marriage.
SECTION 6. No divorce for the cause of
adultery shall be granted, Fast-Where
there Is reasonable cause to believe that
the offence has been committed by the
procurement or with the connivance of
the Hbellant. SecOnd-Where the offence
charged, has been forgiven by the injured
party, such forgiveness may be shown by
express proof, or by the voluntary cohab-
itation Of the parties, with knowledge of
the fact Ihird-Where the libel was not
fled within one year after discovery by
the hbellant, of the offence charged.
F5srsk-Whe there is reasonable cause
70 believe that the hbellant has been gull
ty Of any act which would have entitled
the defendant, Il finnocent, to divorce.