The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1886-09-14

o SUM
shall be paid so long as the said A. Fernandez
-holds another salaried Office, passed with the
annuity at $1,000. Ordered for third reading on
| the 11th instant.
| 1t being now noon, adjournment was had until
| 1:3O O'Clock pm.
AFTERNOON.
The Assembly reconvened at 1:45, and the con-
sideration of the bill providing for permanent
! settlement of $500 per annum for Mrs. Emma
Barnard, the widow of the late John E. Barnard,
Clerk of the Supreme Court was taken up. Bill
| was passed to engroSsment and to third reading
on the 11thinstapt.
The bill to amend sections 21S and 221 of the
Civil Code, relating to the management of
PRISONS jails, ETC., came up third reading, but,
on account of defective title 1t was re-referred
| to the committee formerly In charge of 1t.
The bill relating to the branding of cattle was
now brought up, and after short discussion
passed the third reading, as follows
"An Act to Amend Section PAT of the Civil
| Code.
Section l. Section 247 of the Civil Code is hereby
amended by striking out the following words !:
Nothing contained in this section shall be con-
strued to apply to animals under the age of one
year," so that said section shall read as follows
| Sec. 247. Every owner of neat cattle, horses,
mules, or asses, shall mark the same by branding,
| or otherwise, on pain of having his unbranded or
| unmarked animals impounded, IN case of their
trespassing, without notice, set forth IN section
al provided, however, that no person shall mark
any animal by cutting off one or both ears under
penalty of five dollars for each and every ofense
1t shall be the duty of every such owner to deposit
with the Governor of the island on which his ami
mails are kept, an impression OF his brand, or q
description of his mark and the Governor shall
deliver to such owner certificate of such deposit
upon receiving the of one dollar, for the ben
ett of the public treasury.
Sec. 9. This Act shall take effect from and after
! the day of its approval"
Third reading of bill relating to designating
| the property of married women, and known as
| the Married Women's Property" bill
After a somewhat amusing discussion the bill
was finally passed, as follows:
| An Act Relating to the Property of Married
Women.
section l. The real and personal property of
| woman shall, upon her marriage, remain her
| separate property, free from the management,
| control, debts and obligations of her husband ;
and married woman may receive, receipt for,
| hold, manage and dispose of property, real and
| personal in the same manner as If she were sole
Sec. 2. A married woman may make contracts
oral and written, sealed and unsealed, In the same
manner as if she were sole, except that she shall
not be authorized hereby to make contracts with
| her husband.
Sec. 3. All work and labor performed or services
\ rendered by a married woman for or to a person
other than her husband and children, shall, unless
there is an express agreement on her part to the
contrary, be presumed to be performed or rem
| dered on her separate account
Sec. 4. married woman may be an eXecutrlx,
administrative, guardian trustee, and may bind
herself and the estate she represents without any
act assent on the part of her husband.
Sec g. A married woman may sue and be sued
in the same manner as if she were sole but this
section shall not be construed to authorize suits
| between husband and wife.
Sec. 6. A married woman shall not be liable
| for the debts of her husband nor shall her pro-
perty be liable to be taken on execution or other
process against him, except as provided i'll Section
| 10 of this Act
Sec Z. A husband, whether married in this
Kingdom or III some other country, and residing
in this, shall be bound to maintain provide for
and support his wife during marriage, i'll the same
| style and manner in which he supports himself ;
and shall be liable for all the debts contracted by
his wife for neoessaries for herself or family dur
| ing marriage, except such debts as may be con-
tracted by her in the course of or in connection
| with any separate business which she may carry
on as provided in Section 10. The husband shall
be personally responsible for all the tortuous acts
of his wife done by and with his authority con-
| sent, and for none other. In case the wife shall
die first, her property shall Immediately descend
to her heirs if she had died sole, unless there
! happen TO be legitimate issue of the marriage
within the age of legal majority, in which the
| husband shall continue to enjoy curtesy IN her
immovable or fixed property until such issue shall
| attain majority, when the same shall descend to
the heir or heirs of the wife.
| Sec. 8. husband shall not be liable to be sued
! upon a cause of action which originated against
his wife prior to their marriage nor shall he be
| liable TO pay any judgment that may be recovered
against his wife, except as provided IN Section 49,
! Sec. 9. The contracts made bya married woman
lNg
ness, labor, services, shall not, except as pro-
vided in the following section, be binding on her
\ husband, nor render him or his property liable
| therefor but she and her seperate property shall
be liable such contracts IN the same manner as
| if she were sole.
| Sec. 10. When a married woman does, or pro-
poses to do, business her separate account, she
or her husband shall file in The office of the Minis
ter of the Interior certificate setting forth her
| name and residence, and the name and residence
! of her husband, the nature of the business, and
the place where it is, proposed to be carried
on giving, if practicable the street and the num-
| Der on the street; and when the nature of the
business the place where 1t Is carried on is
| changed, a new certificate shall be filed accord
ingly The Minister of the Interior shall cause to
| be kept book wherein shall be recorded the Ger
tifcates so fled and shall charge the sum of one
| dollar for recording each of such certificates.
| Such book shall be properly indexed, and shall,
during all business hours, be open to the inspec-
ton of the public without charge. If such Certif-
! cate be not filed aforesaid, the property en-
| ployed in such business shall be liable to be
! attached as the property of the husband, and be
| taken IN execution against him, and the husband
shall be liable upon all contracts lawfully made
! in the prosecution of such business IN the same
manner, and the same extent as if such contracts
| had been been made by himself.
Sec. IL. Nothing contained in the foregoing
sections shall invalidate any marriage settlement
! or contract.
Sec II. Sections 12S6 and 1887 of the Civil Code
and all other laws or parts of laws inconsistent
herewith are hereby repealed.
| Third reading of q bill to amend section l ,023
of the Civil Code, relating to the issuing of execu
tions and proceedings thereon. Passed.
Third reading of bill to naturalize Abraham
Hoffnung and Sydney b. Francis Hoffnunp
Passed.
At4p. m. the Assembly adjourned until 10 4. M
the next day.
NINETY-EIGETH DAY.
FRIDAY, Sept. 10th.
The Assembly convened at the usual hour pur-
suant to adjournment from the previous date.