The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-01-13

proof, or by the voluntary cohabita-
ton of the parties. with knowledge |
of the fact. Third: Where the lihel !
was not filed within one year after |
the discovery by the libeilant of the
offepSe charged. Fourth: Where
there Is reasonable cause to believe
that the libellant has been guilty of
any act which would entitIe the de-
PENDANT. If innocent, to a divorce.
The fourth ground for refusing a
decree above mentioned shall not be
applied to application for divorce
for any other cause than that of adul-
terry. See Civil Code, 1882, PIP. 435,
4S6. Another ground for refusing a
divorce is collision between the par
ties and when there be any reason
to suspect it, Tor that important tes-
timony can be procured which has
not been produced, 1t shall be the
duty of the Court to continue the
cause, from term to term, while such
suspicion continues" See Civil Code,
1882, p. 436.
/ NOLLNSAOG - tut BGElIt1 G5tCtLAtDb ~
make up a case for the purpose Of obtaining
divorce. Collision may be active, as where
one OF the parties agrees with the other that
he will commit the act complained of to give
her cause for divorce or passive, as where
the understanding is that the defendant
shall suppress facts which might constitute
good defence. Stewart on Mar. and Div,
3O2 and authorities there cited.
Whenever q marriage shall be
dissolved for adultery, or other cause
amounting thereto, either party to
the divorce may marry again at any
time" See Civil Code, 1882, p. 439.
GA wife divorced for adultery, or
any other offense amounting thereto,
shall not be entitled to dover in her
husbands real estate, or any part
thereof. nor to any share of his per-
sonaI estate" h., 4SS.
"Cpon granting q divorce for
adultery of the husband, the Court
may further decree, &C., compelling
HIM to provide for the maintenance
of. the children, &c, and a sultahl,
= allowance for the wife's support
h., 437.
"Upon annuliing marriage, oil
decreeing a divorce, the Court may
make such further decree as ii shall
deem expedient concerning the care
custody, education, and maintenance
of the minor children, and determine
: with which of the parents the chill
: dren, or any of them, shall remain,
!, &c. H., 43S.
Y "When a divorce is decreed 70
= adultery, or other offence amounting
thereto, of the husband, and the wifi
q shall be the owner of real estate, o
l. have in her possession any persona
property given to her by her husband
0 acquired by her own industry, giveI
her by devise or otherwise, or t
;, which she may be entitled by tn
:. lecease of any relative, all such Tea
/ and personal property shall be he
e sole and separate property. To-, 438.
g "When a divorce is decreed 70
q adultery, or other offense amounting
% thereto, of the wife, the husband shaI
= hold her personal property for ever
? and shall hold her real estate SO Ions
b es they shall live and if he shall SUI
Of vive her, and there shall have bee
j. issue of the marriage born alive, h
e shall hold her real estate for the tern
r Of his own life, as tenant by the cuI
re tesy provided, that the Court ma
3 VrooEo SfIob rnos0pa hIo nrOviSiOn fl
n the divorced wife out of any rea
D. estate that may have belonged to he
as it may deem proper" h.: 43s.
To be continued.