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

I
consideration. Lost, and the bill, after being
amended, to read: " Provided that no such sum
shall be paid so long as the said A. Fernandez
holds another salared Office was passed with the
annuity at 1890. Ordered for third readiDgon
the 18th instant
1t being now noon, adjournment was had until
1:30 O'Clock pm.
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 it was re-referred
to the committee formerly in charge of it.
The bill relating to the branding of cattle was
now brought up and after short discussion
passed the third reading, as follows:
can Act to Amend Section 2i7 of the Civil
Code.
Section 1. 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, 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
24I 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 oense
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,
description of his mark and the Governor shall
deliver to such owner certificate OF such deposit
upon receiving the sum of dollar, for the ben
ett of the public treasury.
Sec. .. 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 4" Married Women's Property bill
After 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 a
woman shall, upon her marriage, remain her
separate property, free from the management,
control, debts and obligations of her husband
and a 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. 3. married woman may make contracts,
oral and written, sealed and unseaed, 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 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. T. A married woman may be an executrix,
administrative, guardian or trustee, and may bind
herself and the estate she represents without any
act or assent on the part of her husband.
Sec. 5. 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. 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. husband. whether married in this
Kingdom or in some other country, and residing
hall h. 60,
and support his wife during marriage, in the same
style and manner in which he supports himself
and shall be liable for all the debts contracted by
his wife for necessaries 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 or con-
sent, and for none other In case the wife shall
die first, her property shall Immediately descend
to her heirs as 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 vile.
Sec. s. A husband shall not be liable to be sued
upon cause of action which originated against
his wife prior to their marriage; nor shall he be
liable 10 pay any Judgment that may be recovered
against his wife, except provided in Section 10.
Sec. 8. The contracts made by married woman
in respect to her separate property, trade, bust
ness labor, services, shall not, except as pro-
yided 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 on such contracts In the same manner as
if she were sole.
Sec. 10. When married woman does, or pro-
poses to do, business ON 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 hGr bT1Gh md fi1a atJ of hn oT11
the place where it is, proposed to be carried
on, giving, if practicable, the street and the
Der on the street; and when the nature of the
business, the place where 1t is carried on is
changed, new certificate shall be filed accord
ingly. The Minister of the Interior shall to
be kept book wherein shall be recorded the GER
tihcates so filed, and shall charge tie 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 as aforesaid, the property enl-
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 invahdate any marriage settlement
or contract.
Sec. H. Sections 1856 and 1887 of the Civil Code
and all other laws parts of laws inconsistent
herewith are hereby repealed.
Third reading of bill to amend section 1023
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 Hofnung.
Passed,
At4p. m. the Assembly adjourned until 10 a. IN.
the next day.
NINETY EIGHTH DAY.
FRIDAY, Sept. 10th.