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

wife. T. makes no difference whe Their the
other party is mareied or single. Bish.
on Mar. and Div, Sec 7O3, ETC., etc. Adult
terry Of the libellant is a good defence, if
proved at the trial. Kalua vs. Kamana, |
Haw., r. SO.
Adultery may be established by evidence |
of parties who saw the act committed, or |
by proof of facts from which intercourse |
may be inferred. On account Of che secret |
character Of the ofense, direct proof cannot |
be expected; proof that the parties were
seen In the same bed, or occupied at night
the same room in which there was but one
bed, or lived together, as II husband and
wife (but not the mere fact Of marriage
ceremony between them), raises an almost
irrebuttable presumption Of their inter-
course /; so wife's adultery may be proved
by the fact Of the birth of child without
access Of her husband, or husbands by
his having a venereal disease too long after
! marriage to have been caused before. The
circumstances from which adultery may be
| inferred must be such as to satisfy Q reason
| able and just m9n beyond g reasonable
| doubt. It is the carnal act which is to be
inferred. Stewart on Mar. and Dive, Sec.
| GAG, and authorities.
| DISCRETION is a husbands or a wife's will
| fully and wrongfully ceasing TO cohabit
with his wife, or her husband. To establish
desertion three things must be shown ~
Cessation from cohabitation ~ the in
| tention in the mind Of the defendant not to
resume cohabitation 81 the absence Of the
compliments consent, or conduct, justify
ing it. The mere fact that parties are living
| apart does not even raise presumption of
desertion. Desertion begins with the intent
to desert. But one cannot be deserted while
he or she consents to the separation, or if
he or she, by unjustifable conduct, causes
or has caused it, and one who Intentionally
drives the other away, deserts such other.
Stewart on Mar. and Dive, p. 251 and
authorities.
"CRUELTT' is the infection of unnecessary
pain. Legal cruelty is the wilful and per-
sistent causing of unnecessary suffering,
whether in realization or in apprehension,
whether of body or mind. in such way as
TO render cohabitation dangerous or unen-
durable. Sc Am. Rep, s4S. The injury
must be done deliberately and wilfuily.
| NlCSB5 RGE1l0SB SIOSb SAbIHFdSduCOI AIi54'
occasion great mental suffering and
bodily ill-heelth, yet this would not be
cruelty. So an austere temper, petulence
or rudeness, or want of affection, or neglect
or injurinS health through ignorance, ID
not per Sc cruelty. So, if a husband il
good faith charges his wife with crime, it i:
not cruelty, but it is if this be done ma
liciously. So if he maltreats the children
it is not cruelty, unless he does it to anne,
his wife. Stewart on Mar. and Dive. p. 1858
264, etc. Mere austerity of temper, petu
lence of manners, rudeness of language,
want of civil attention and accommodation
even occasional sallies of passion, if they d.
not threaten bodily harm, do not amount Il
: legal cruelty; a fo1siori, the denial Of littl
indulgencies aud particular accommoda
tions, which the delicacy of the world is ap
to number among its necessariee, Is no
{, cauelty. The negative descriptions OF cru
= city are perhaps the best under the infnit
variety of cases that may occur, by showing
| what is not cruelty. See Poynt on Mar. ant
, Divo., p. 20S, and authorities. 1t is to b
, remarked that exhibitions of passion ant
gusts OF anger which would BE- sufficient t
| PA
sons educated and trainsd TO respect eacl
others feelings, would, with persons c
l coarse manners and habits, have but mo
8 mentary effect. An act which towards tn
E latter would cause but momentary differ
D ence, would, with the former, be excessiv
cruelty. ! BRAND, Md. Leg, Oh. 2, Art.
False accusations of marital inidelity o.
the part of the husband, made by the wife
may, in certain cases, constitute such ez
IRENE cruelty as to entitle him to divorce
Kelly VS.. Kelly (Nevada) West Coas
3 Rep, 143.
So HABITGAL INTEMPERANCE."
habitually incorporate person is on
given to ebriety, or the excessive use Of II
toxicating drink who has lost the power o
the will, by frequent indulgence, to contrc
[ his appetite for it, and one who has til
e habit of indulgence in intoxicating drinks
It so firmly fixed that he becomes drunk wher
: ever the temptation is presented, by h
being near where liquor is sold. IS Penn
172, and authorities. If there is a fxe
habit of drinking to excess, so as to di
qualify person from attending to his bus
g ness during the principal portion Of II
j time usually devoted to business, 1t
: habitual intemperance. 10 CAL, 2e7.
If 81 MAINTENANCE.
u SusTENANcE, sustentation, support
$ means of supplies of food, clothing, an
It other conveniences, protection, defens
=. vindication. The term necessaries is nc
!. confined merely to what is requisite barrel
e to support life, but includes many of Il
conveniencies of refined society. 1t Is
relative term, which must be applied
:, circumstances and conditions of the partie
- to ornaments Of dress, such as are usual
k worn by the the party's rank and situate
in life. T. S. d R., 247; 1 Camp, IL
Horses, saddles, brides, liquors, pistol
powder, whips and fddles are not necess
ries. 1 Bibb., SIC; McC., 572.
a Whenever it shall be made to al
" pear to the Court, after filing of an
e libel, that the wife is under restrain
or in destitute circumstances, Il
n Court may pass such order TO secu