The Hawaiian gazette., 1870-07-20

SECTION Z. Ifthere be any reason to
suspect collusion, or that important testi-
mony can be procured which has not been
produced. it shall be the duty of the
Court to continue the cause till the next
term, and so on from term to term, while
such reason for suspicion continues, and
the Attorney General and parties not of
record, shall be heard, to establish the fact
of collusion or the existence of testimony
not produced
SECTION s. If after full hearing, the
Court shall be of opinion that a divorce
ought to be granted, either from the bonds
of matrimony, or from bed and board,
conditional decree shall be entered, sub
stantially in the following form.
Supreme Court of the Hawaiian Islands.
Tor Circuit Court of the--Circuit.
Oahu, ss.--Term A ID. IS
A. b., Li5eIlant for Dicorce, V. c. d.
In the above entitled libel for divorce,
it is now ordered that decree of divorce
from the bond of matrimony or bed and
board, as the case may be, be entered in
favor of the said--for the cause of the
-, of the said--, to be made abso-
lutte after the expiration Of six months from
the date of this decree, upon compliance
with the terms thereof, unless sufficient
cause shall appear to the contrary.
And the libellant is ordered to publish
an attested copy of this order in the
Government Gazette and Re Au Okoa, for
six successive weeks; the first publication
to be within one month from the date of
this order; that all persons interested may,
within six months, show cause why said
decree should not be made absolute
BY the Court -C2eyk.
At any time before the expiration of the
time limited in such order, any person may
file in the Clerks office, statement of OBJ
jections to an absolute decree, to be veri-
fed by affidavit In such case, no order
shall be made absolute, except as provided
in the following section:
SECTION 9. AT the first term after the
expiration of the six months limited In the
order, the Court shall examine all state
ments filed as aforesaid, and if they disclose
sufficient cause for Withholding an abso-
lutte decree, they shall hear the parties,
and if the Court shall be of opinion that
such order ought not to be made absolute,
the libel shall be dismissed; otherwise the
order shall be made absolute, unless the
Court shall be of opinion, that 1t should be
continued for further adyisement and no.
tice, as provided in section seven.
SECTION 10. Whenever it shall be
made to appear to the Court, after the fl
ing of any libel, that the wife is under re-
straint or in destitute circumstances, the
Court may pass such order to secure her
personal liberty and reasonable support,
pending the libel, as law and justice may
require, and may enforce such orders by
summary process. The Court may also
compel the husband to advance reasoable
amounts for the compensation of witnesses
and other reasonable expenses of trial to
be incurred by the wife.
SECTION II. Any party aggrieved by
any order or decision of the Circuit Court,
may except thereto, and his exceptions
shall be duly noted, and certified to the
Supreme Court, and no order or decree
for divorce shall be made absolute, until
such exceptions shall have been disposed
of. Said exceptions shall be argued and
determined in the Supreme Court, sitting
in banco, and if the Court in banco shall
be of opinion, that the order or decision ex-
cepted to, in said Circuit Court was errone-
GUS, they shall so certify, and thereupon
the case shall be heard anew, unless the
error appears to have been in the condi-
tional order; in which case the Supreme
Court shall direct such order to be amen
ded, and in what manner.
SECTION u. Sections 1928, 1924 and
1925 of the Civil Code, together with all
Acts and parts of Acts authorizing divorce
causes to be heard at chambers, and all
Acts and parts of Acts, inconsistent here
with, are repealed.
SECTION Is. This Act shall take effect
from and after its publication in the Gov
ernment Gazette.
Approved this 18th day of July, A d.
1870.
KAMEHAMEHA r.
WE publish to-day, by authority, an