The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1880-07-28

We publish below an important bill con-
cerning the rights of married women which is
now pending in the House. The necessity of
some such Legislation, for securing to married
women the benefit and control of their separ-
ate earnings and private income has long
been apparent, and at least twice has been
urged upon the Legislature in the reports
from the head of the Judiciary Whether the
present bill may not require some change in
Its phraseology and in some of its provisions
can easily be seen by the Attorney General.
For instance, the expression of a husband
being endowed or the propriety of mar
ried woman being sned alone, unless for
cause originating before the marriage may be
questioned We think there would be an ad-
vantage in adopting as far as practicable the
entire legislation on the subject of some State
like Massachusetts,, in order to obtain the
benefit of the Judicial constructions placed on
it by their courts. But we trust that the
House will not adjourn without enacting some
law to secure married women in rights OF this
kind. The Attorney General will do good
act in giving his attention as we doubt not
that he will do to this matter.
SECTION l. That Section 12S6 of the Civil Code
be and the same is hereby amended so as to read
as follows:
'Section 1856. The husband whether married
in pursuance OF this article, or whether validly
married in this kingdom or in some other country
and residing in this shall be bound IN law 10 pro-
vide for and support his wife during marriage, In
the same style and manner in which he supports
himself. If the wife shall die first her property,
both real and personal shall Immediately descend
one half to her husband and one half to heirs at
law unless there is legitimate issue of the marri-
age living in which case the whole estate shall
descend to such issue: provided however. that the
husband shall be endowed of one third part of all
the real estate owned by the wife during marriage
in fee simple, in freehold or for the term of fifty
years or more, so long twenty-five years of the
term remain unexpired, but in no less estate, un-
less he is lawfully barred thereof and shall also
be entitled to an absolute property IN the one
third part of all her personal estate after the pay
ment of her debts
SECTION 2 That Section 1887 be, and the same
Is hereby amended so as TO read as follows:
Section 1877. The wife whether married IN
pursuance of this article, or whether validly mar
ried IN this kingdom or in some other country and
residing in this is entitled the same if she were
sole to all real and personal estate belonging to
her before marriage or that may accrue to her
before marriage or that may accrue to her during
marriage She may convey shares IN corporations
lease and convey real property, sell personal prop
erty and make contracts, paro and written, sealed
and unsesled In the same manner as if she were
sole: but her separate conveyance of real estate
shall be subject to her husbands contingent inter
est therein according to the last preceding sec
ton; provided that nothing II this section shall
authorize married woman TO convey property to-
or make contracts with her husband. All labor
and services performed by married woman for
others than her husband and children. shall un-
less there is an express agreement to the contrary
be presumed to be on her separate account. When
a deed of real estate is made 10 married woman
and she shall mortgage the same to secure the
payment of the purchase money or any part there
of, the husband shall not be endowed thereof
according 10 the last preceding section, against
the mortgage and those claiming under him.
A married woman may sue and be sued IN the
IN m a. 10
were sole: but nothing herein contained shall
authorize suits between husband and wife.
q A married woman may be an executrix, admin
istratrix guardian or trustee and bind herself and
the estate she represents without her husband
joining IN any conveyance or instrument what
ever, as if she were SOLE
SECTION l. Nothing in this Act shall impair the
validity of any ante or post nuptal contract set
tlement