The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-01-14
digest OF Haw allan zaws.

death OF his wife, seized Of an estate of in |
heritaEce, after having issue by her which is
capable Of inheriting her estate, holds her |
lands for the period of his own life; after the |
birth of such child the husband is called
tenant by the courtesy initiate, Co. Lit 90;
81. com. 125; but to consummate the ten
ancy, the marriage must he lawful, the wife
must have possession, and not a mere right
Of possession, the issue must be born alive,
during the lifetime Of the mother, and the
husband must survive the wife. 10. THE
husband may sell or otherwise dispose Of his
right OF tenancy by the curtesy, any time
before or after his wife's death; subject,
however, to her right of uudisturbed posses
sion, use and enjoyment Of the property dur
ing her lifetime. HitZ v. Nat. Metr Bank,
Ill o. s., 8. C. R. Ill.
DIVORCE for adultery by the hus-
band shall not affect the legitimacy
of the issue of the marriage" Civil
Code, 1852, 437.
DIVORCE for adultery Of wife shall
not affect the legi imacy Of the issue
If the marriage, but the legitimacy
of such children, if question, shall
be tried and determined by the
| Court" etc 10. 437.
"Whenever the Court shall make
an order or decree requiring hus-
band to provide for the care, mainte-
nance and education Of his children,
or for an allowance to his wife, the
Court may require him to give reas-
enable security for such maintenance
and allowance; and upon neglect or
refusal to give such security, or upon
default of him or his surety to pro-
| vide such maintenance or allowance,
the Court may sequester his personal
estate, and the rents and profits of his
real estate, and may appoint re-
ceiver thereof, and cause such per-
sOnAl estate aud the rents aud profits
nf such real estate TO be applied
towards such maintenance as the
Court shall from time to time seem
Just and reasonable Ito. 1888. III
any person, after being divorced for
any cause whatever, shall cohabit as
husba nd and wife, they shall be Liable
10 all the penalties provided by the
Jaws against perjury" 10. 439.
| SEPARATION from beg and board mensa
ct thorO, leaves the marriage in fall force
3 Bish. on Mar. and Div, see 225. Such q
| divorce may be decreed.
For excessive and habitual ILL.,
'reatment Of the one party by the
other, or for habitual drunkenness OF
either party, or for the refusal OIL
neglect of the husband to pI divide hi
wife with the necessaries OF life." See
Civil Code, 1882, 40.
'.NEcEssARIEs'' are such things as art
proper and necessary for sustenance of man
The term necessaries is not confined merel.
to what is requisite barely to support life
but includes many Of the conveniences Of re
fined society. 1t is a relative term whicl
must be applied to circumstances and con
ditions OF the parties; and to ornaments o
lFess, such as are usually worn by til
: party's rank and station in life. rs. &
PAT; Camp. 100; Ib 326; G. 4 P. 50;
J HOdg. 81; s T. r. SIS; Leigh, N. P. 1876.
NECEssARIEs in this connection are art
] cles bona Jfide purchased for use and no
? | for ornaments, which are really needed, an
, which are consistent with the social pos
! ton and condition in life, in whic
, he party moves. They may consist Of food
, clothing, lodging rent of house, furniture
+, medical or legal services, etc. Money loane
TO the wife, even if used for neeessaries.
not regarded as necessary; and at law til
party who advances it has no remedy agains
the husband. Mees. and W.. AZ; % Ala
227; 4s Ga, 33S Watts and S., 49, 80;
2 Car. and P, 643 2 Gown, 63S 81 Cal
{ 1916; Il Kansas, III; McCld. and Y, 269
D 30 Conn, rs. 76; Stewart on Mar. and Div
T. nm. 100, aud authorities. Horses, saddlel
e brides, liquors, pistols, powder, whips, an
/, fddles have been held not to be necessariei
Bibb., SIG; McCord, 572; N. and NJ
524.
If, in any suit brought for separation, til
!, defendant shall prove ill-coaduct of III
complainant. the suit may be dismissed
: Civil Code, 1882. p. $40.
Upon decreeing a separation, the Coul
u nay decree for the support of the wife an
y children. Ib.
decree of separation shall have til
e feet, during such separation, to reinstat
r tne wife, whether the wrong door or not, i
=, he right to sue or be sued, to ALLEVIATE an
+, convey property, to make contracts. and
do all other acts as if she were a feme sol
Ib.
A decree of separation may be revoke
upon the joint application of the partie
: and upon their producing satisfactory eV
Ience of their reconciliation. Ib.
u Upon the hearing of any petition fC
l. divorce or separation, the Court may e.
anime both the parties, upon oath, in ordC
y | to prevent collision. ID.
NULLITY OF MARRIAGE, ETC.
% The term divorce is sometimes also a.
Il piled to q sentence of nullity, which estS
n fishes that a supposed or pretended ma
~ Iiage either never existed at all, or at lea
h was voidable at the election of one or bot
IL the parties.
/ 1.-The Supreme Court, any Circu
n Court, or any Justice of the Suprenl
=, Court at Chambers, may, by SCI
I, ,ence of nudity, declare void the ma
t riage contract for either of the follow
y | i,,r oauSas oXiAfjnu at fho time {