The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-10-08


express terms of the Statute Thus the Section
l2s' states the law but this Immediately qualified
10y the second sentence which the law in
terence Is that the Legislature did intend adopt com
mon law ON this subject its entirety Again, 1897 as
whoie Is departure from the preexnc Hawaiian common
law which in the main placed husband and wife ON the same
and each on independent footing regard to their prop
ey The inference Is that the Legislature intend to
modify the law further than expressed That the second
sentence of Section 1887 does follow the common law is
clear At common law the wife could dispose estate
oS ~ me OF common recovery, and all by deed
whether with without consent oral or written
or even If he Joined in the deed with her. 1t Is true however
that in some of the American deed was REGARDED a. tho
equivalent of fine recovery and courts held
that by American law Joint deed bv husband and
wife was VALID but even granting that this American as dis
nguhed from the English law was in the minds Of tho
legislature yet they departed from this ALSO for provided
merely Tor consent whether written oral need
considered, and for jond That even written consent i
different from Joinder manifest Under statutes which pro-
vide expressly for written consent held elsewhere that
Jolnder Is not necessary. Child Sampson, Mass 63
Wing SchrdDm, 20 N V 619; see also IngoLfsby Juau
II Cal 564; Dent-i Wddie Cal 139 These and other
cases show that courts elsewhere have effect partic
lar wording OF statutes where they have strictly followed
the common law See also Strickland Bartlett 81 Me- $50
Most decisions upon this subject are under statutes
which provide either expressly by necessary implication for
rendered under statute which, like ours provided merely for
consent The statute provided should not con-
vey without the of her The court held that
the consent might be either oral writing express or i'm
Ped Ctdgue Wdshbmn, AZ MINI. 371 The Pennsylvania
cases cited contra (Bnchdndn Ha--ard, % Pa.
Dunhdm Wright 50 Pa. 16 in point on account
OF the difference in the wording of the statutes See Trimmer
Hedgy, 16 Pa. Asa and Petit Fef.s Erty SO Pa us
That the Legislature did intend the common law
in Secon IL.
as well as from the in question For instance
Section 1886 the husbands curtesy wfe lands was ex
pressly made to continue only until the attain
majority and not as at common law during the husbands life
Cummhs a. " Ond, Eiaw. go. Again, law he
could alien herands the and profits during
coverture but by this Section of the Code he
without her written Op"nui Kauhi Haw 649
Again. by the Section the husband made liable for
the antenupa debts of his wife, without specifying however
whether his liability during cove1re as at
common law after the death his KaIma
hiHe Dole Trustee, Haw 374 this said regard
statute creating this liability and this
ict with the law Thus, the Court has been dis
posed follow the wording of the statute
did plainly appear follow law and this too
in decisions in which the recognized the statute was
for the most part a re-enactment of the law.
From the foregoing reasoning, could very well
consent to either written consent" joinder Ny
this stated at greater length
than might otherwise be necessary because the contrary
urged having been held in former Hawaiian decisions
namely, CUnan,ins Wond, Haw. and Nd,ccI AwId
Ib. 397.
These ngeudge opinions and therefore entitled
to less weight than opinions of the full But they
both ober dicfd far they bear the question in
volved the Judge decided merely that wife
could convey her lands directly her husband In stating
what the law with reference
husband and wife, the Judge after stating the ncapac of each
convey the other added Neither wife convey her
lands stranger, unless her husband joins in the
veyance Our virtual reenactment of the
law applicable marital rights The wife in the language
of the Code is deemed for all civil purposes merged in her
husband and civy dead 1t Is obvious that the Judges