The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1878-04-20
THE PACIFIC
Commercial AObertlser.
Y. r 20.
AND WIFE.

ton have embodied some suggestions as the basis
of a bill, defining the rights of husband anC
wife, and some details Of a law calculated to pro
tect those rights. Our law as it now stands il
our Civil Code, Is but a re-enactment of the
Common law, which had its origin in those rude
times, when woman was treated more as the
slave than the companion of man. Progressive
civilization and refinement have ameliorated the
rude if not tyrannial state Of subsection and
restraint under which she was held by the rules
of the common law, and now the spirit of the
age requires that her rights in her own property
and earnings should be protected. The civil law
always protected those rights, in marked contrast
to the common law. From an examination OF
most of the statutes of the States of the Amer
lean Union, we have selected the substance of a
general law upon the subject, and here insert it
for the consideration of our Legislators.
SECTION l.. The relation of husband and wife is
declared to be a civil contract, and in order to make
it binding, it must be characterized by the same
essentials requisite TO the validity of other contracts;
and the consent Of parties legally competent to con-
tract is necessary. The marriage contract shall con-
tinue during the lives of the parties, and cannot be
dissolved unless for certain specific causes defined by
law. Yet it may be suspended by the agreement of
the parties.
SEC. 2. The husband is the head of the family;
he may choose any reasonable place or mode of
living suited to his circumstances and his wife must
conform thereto.
SEC. 8. Neither husband nor wife has any in
terest in the property of the other, but neither can
be excluded from the others dwelling.
SEC. 4. Either husband or wife may enter into
any engagement or transaction with the other, or
with any other person, respecting property, which
either might if unmarried subject in transactions
between themselves to the general rules which
control the actions of nerEOnS OccnDVinO cOn66an-
tIal relations with each other.
SEC. 5. a husband and wife caanot by any
contract with each other, alter their legal relations
except as to property, and except that they NAV
agree in writing to an immediate separation, and
may make provision for the support of either of
them and of their children during such separation.
SEC. 6. The mutual consent of the parties shall
be a sufficient consideration for such an agree
ment as is mentioned in the last section.
SEC. 7. a husband and wife may hold property
as Joint tenants, tenants in common, or as com
munity property.
SEC. 8. ALI property of the wife owned bv her
before marriage and that acquired afterwards by
gift, bequest, devise or descent. with the rents.
issues and profits thereof, shall be her separate
property. The wife may, without the consent of
her husband. convey her separate property.
SEC. 9. All property owned by the husband
before the marriage, and that acquired afterwards
by gift, bequest, devise or descent. with the rents,
issues and profits thereof, shall be his separate
property, and he may convey the same without
the wife joining in the conveyance.
SEC. 10. All other property acquired after
marriage, by either husband or wife, or both, shall
be community property.
SEC. IL. A full and complete inventory of the
separate personal property of the wife, may be
made out and signed by her, acknowledged or
proved in the manner required by law, for the &C
acknowledgement or proof of a grant of real pro-
perty, and recorded in the office of the Registrar |
of COnveyances of this Kingdom.
SEC. II. The filing of the inventory in the
Registrars Office shall be notice and prima fucid
evidence of the title of the wife.
SEC. Is. The community property shall not be
liable for the contracts of the wife made after mar
riage, unless secured by a pledge or mortgage
thereof executed by the husband and wife.
SEC. IA. The earnings of the wife shall not be
liable for the debts of the husband.
SEC. 10. The earnings and accumulatiOns OF
the wife and her minor children living with her,
or in her custody, while she is living separate from
her husband. shall not be liable for the debts of
the wife contracted before the marriage.
SEC. 16. The separate property of the husband
shall not be liable for the debts of the wife con-
tracted before the marriage.
SEC. II. The separate property of the wife shall
not be liable for the debts of her husband, but
shall be liable for her own debts, contracted be-
or after marriage.
SEC. Is. The husband shall have the control
and management of the community property. with
The like absolute power of disposition (other than
testamentary) as he has of his separate estate.
SEC. 10. No estate shall be allowed the hus-
Dand as tenantry courtesy upon the death of his
' $500 ~ Nhl CC6aNO III uOhCI al
Gifted to the wife upon the death of her husband.
SEC. 20. Ii the husband neglect 10 make ade-
Iuate provision for the support of his wife. EXCEPT
n the cases mentioned in the next section anv
'ther person may in good faith supply her with
Irticles necessary for her support. and recover the
value thereof from the husband.
SEC. q. a husband abandoned by his wife
hall not be liable for her support until she offers
o return. unless she was justified by his conduct.
n abandoning him nor shall he be liable for her
Import when she is living separate from him. by
greement, unless such support is stipulated in the
SEC. %. The wife shall support the husband.
then he has not deserted her, out of her separate
property, when he has no separate property and
here is no community property, and he is unable
infrmity to support himself.
SEC. %. All contracts for marriage settlement
hall be in writing, and executed and acknowl-
dyed or proved in like manner as a conveyance
( land is required to be executed, acknowledged
r proved. When such contract is acknowledged
T proved. 1t shall be recorded in the office of the
of Conveyances of this Kingdom. The
scording or homecoming of such contract shall
ave a like effect as the recording or non-record-
u of a conveyance of real property.
SEC. "a. A minor capable of contracting mar
age may make a valid marriage ettlement.
SEC. %. Upon q dissolution of the community
Y the death of the wife, the entire common pro-
erty shall, without administration, go to the sur
wing husband. Upon the dissolution of the COM a
unity by the death of the husband. one half of =
e common property shall go to the surviving
and the other half shall be subject to the tes-
mentary disposition of the husband and in the I
'sence of such disposition. shall go to his de- !
endants equally. if such descendants are in the
me degree of kindred to the ~intestate, otherwise
to the right of representation; and in 4
e absence of both such disposition and descend L
It's, shall be subject to distribution in the same y
amer as the separate property of the husband:
divided, that in case of the dissolution of the
immunity by the death of the husband. the entire 4
mmon property shall be equally subject to his =
~ tho mi nurn n a and shn
penses of administration.
We do not claim that the above suggestions of
bill are perfect, hut they contain the outline of 7
law, which would be beneficial in its operation
these Isles of the Sea, as it has been found to
in other countries. We recommend it to the
nsideration of those who desire to see our Iegis-