The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-01-14

either party being divorced was the
guilty party in such divorce, and that
the former husband or wife was then
living).
t. That the husband, being Il for
eigner, had failed to comply with the
requirements of the law validating
marriages with female subjects of this
Kingdom.
5. That one of the parties was an
idiot or luuatiC.
6. That one OF the parties was i'm
potent or physically incapable of en-
tering INTO the marriage state" See
Civil Code, 1882, p. 49,.
Besides the foregoing causes rendering
marriage voidable, there are those Of the
common law due to want Of power TO con-
sc Mt ga n. J., Eq. 10, %; Paige, sol; AZ
vi. 1907: want Of the essential contract Us
| VT. 400; 1922; no intention (21 n. Y. Esq.
225); fraud Hop Oh. 478J; envor 40 Clark.
| and F. 534. 1857; duress (seo Hopk CHI. 47S;
Stewart on mar. and div. $780, III, and au-
/ thoritiesl.
LEGAL AGE.-"The male at the
| time Of contracting the marriage
shall be at least seventeen years of
age, and the female at least fourteen
wears of age.n See Civil Code 1897
42S.
IDIor.-A person who has boon without
understanding from his nativity, and whom
+ the law, therefore, presumoS never likely to
attain any. Shelf. on lun. 2
LUSArIc.-s'A person affected with insan-
ity, formerly supposed to he influenced by
the moon, or by its position in its orbit;
mailman" Insanity (lunacy) is chiefly
used. and the word is applicable to any de
gree of mental arrangement, from slight
delirium or wandering, to distraction. 1t
is, however, rarely used to express slight
temporary delirium, occasioned by fever or
accident. In medical Jurisprudence insanity
is defined to be ''the prolonged departure
without any adequate cause, from the states
of feeling and modes of thinking usual t.
the Individual in health" Guoch Lond
| Quart. Rev. 10, 355; Combe Ment. Derang
196.
MporESr-Weak, feeble, wantin9
strength or power; unable by nature, or dis
abIed by disease or accident, to cOpulate, o.
propagate the species.
IMPOTENCE may be considered as incur
: able, durable, accidental or temporary
Absolute or incurable impotence il that TO
Z which there is no known relief, principal,
= originating in some malformation or defec
, in the genital organs. Com. Dig. Barron
Feme, &C 81 Bac. Alb. Marriage tE. 81; Bl
Com, 40; Becks Med. Jur. 67 5 Paige
554.
A snit to annul a marriage on th
graund that one of the parties VIA
under age, may be brought by til
uarent, guardian, or next friend O
the minor; but not by the party VIII
O was OF legal age at the time of MAJ
f riage; nor when the parties after the.
= attained legal age freely cohabited a
man and wife. Civil Code (1S32
= 432.
Every woman who shall be dc
ceiyed into contracting an i1lega
marriage with man having anothe
= wife living, under the belief that b
!. was an unmarried man, shall be Ell
: titled to just allowance for the SUI
b port of herself aud family, out Of hi
l. property. 10.
II The children of such marriag
le shall inherit in the same manner 8
\ legitimate children. Id. 433.
The marriage of all idiot or insar
person may be annulled on the appl
cation of the sane party, or any reI'
= tive or friend of such idiot or lunati
; but in such case 10 sentence of nul
!, ity shall be pronounced If it shall al
! pear that the parties freely cohabite
. as husband and wife, after the Luz
a attic was restored to sound mind. Il
ia 433.
le Upon the annulment of marriag
st on account of homage, insanity I
r, idiocy Of either party, the issue of IL
marriage shall be deemed The legit
- mite issue OF the parent who, at Il
> time of the marriage, was capable
:" contracting. 10, 43S.
:, A suit to annul a marriage on IL
. ground of physical incapacity, sha
be brought within two years of Il
solemuization of the marriage. /
ne 43S.
he The next chapter will be c
d. wills"