The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-07-20

innate, and the husband of said
marriage shall be liable for THEN
suitable and proper support in ali
respects, until they severally attain
the age of majority, when his liabil.
ity shall cease for further provision
He shall also be entitled to control
and manage his children, in all res.
poets, during their minority, and re.
qulre reasonable service at their
hands. He shall be the natural
guardian of their persons and of their
property; he shall be liable in dam
ages for tortuous (sic) acts committed
by them, and entitled to prosecute
and defend all actions at law in
which they or their individual prop
erty may be concerned"
l find that these provisions of law
were taken into the Civil Code from
the old statutes of 1916.
Section XIV. on page Al of I'd vol.
Statutes of 1916 corresponds with
Section 1125 of the Civil Code and
is as follows:
:" ALI persons residing or being in
this kingdom shall be personally &C
countable in damages, to be assessed
by or before court of justice, for
trespass or injury, either direct or
consequential, to the person or prop
erty of others, Or to their wives,
children under majority, or wards,
by such offending party or by his
wife or child being under the age of
legal majority, or by his command,
or by his animal, domatGe OF fferde
moturoe; and the party so aggrieved
shall have the right to prosecute
therefor in the proper courts by this
act created"
And Section VII. on page go, LIST
Volume Statutes of 1916, corresponds
with Section 1888 of the Civil Code
and is as follows:
The children of a valid marriage
shall be denominated legitimate; and
the husband of said marriage shall
be liable for their suitable and pro-
per support in all respects, until
they severally attain the age of
twenty years, when his liability shall
cease. Said husband shall also be
liable to do all the parentatduties
provided in the third, fourth and
fifth parts of this act. He shall also
be entitled to control and manage his
children in all respects during their
minority, and require reasonable
service at their hands. He shall be
the natural guardian of their persons
and of their property; he shall be
liable to prosecution for tortuous
(sic) acts committed by them, and
entitled to prosecute and defend all
actions at law in which they or their
individual property may be con-
cerned; provided that all minors,
evincing, to the satisfaction of a
court of justice, sufficient under
standing to be conscious of right
and wrong, shall be, in their persons,
liable for crimes committed by them,
to the same extent and in the same
manner as persons In law"
The acts of 1916 were drafted by
John Ricord, the first Attorney Gen
eral of this kingdom, who had been
educated in the civil or Roman law,
and the principles laid down in the
two sections above quoted come from
the civil law. l Pothier Oblig., III,
is as follows:
s'Not only is the person who has
committed the injury, or been guilty
of the negligence, obliged to repair
the damages which he has occasion
ed; those who have any person un-
der their authority such as fathers,
mothers, tutors, preceptors. are SUBJ
ject to this obligation, In respect OF
the acts of those who are under
them when committed in their pre-
sence, and generally when they conld
prevent such acts, and have not done
so; but if they could not prevent 1t
then they are not liable, muIlum
crSnaen patStur as, qua non prohtbet, gum,
p,oht6ere non potest l. 100 # Greg. jur.;
even when the act is committed In
their sight, and with their knowledge,
culpa curet qua scit sed prOatbsre non potest,
1. 20 #. d. l."
Civil Code of Louisiana, Section
2297:
The father, or after his decease,
the mother, are responsible for the
damage occasioned by their minor or
unemancipated children, residing
with them, or placed by them under
the care of other persons, reserving
to them recourse against those per-
sons.
The same responsibility attaches
to the tutors and curators Of minors"
I am unable to find anything In
the common law which makes a par
ent liable for the injuries or torts OF
his child. ALI the text writers say
that Gan infant is responsible for his
torts as any other person would be-"
Cooley Torts, p. 1O3;
1 Addison Torts, p. III;
5 Waite's Actions and Defences, 54 !;
Schouler's Dom. Rel. PIP. 36l and
362;
Barnard VS.. Haggis, IA G. B., 40;
Campbell vs.. Stakes, 2 Wend.. GU;
Skies VS.. johnson, 6 Mass, 389;
% Conn, 437. =.
The doctrine requires the modifl-
cation that the infant must, where
malice is an ingredient, have arrived
at years of discretion, or as some ex-
press it, be s'emancipated from child
ish Instincts" This is essential when
the tort springs from negligence.
LII &<NTaE