The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-01-05

and procedure for this Territory, such
as are in force in the so-called Code
states To this end l would suggest
the appointment of Code Commits /
sion with full powers to arrange and
fully annotate the existing laws pre-
pare and suggest such amendments |
and repeats as in the judgment of the
Commission it might deem necessary /
to conform the same to the constitu-
ton and laws of the United States,
and to facilitate their administration;
also to prepare and suggest such adj
ditional laws as in the judgment Of
the Commission may be required to
form a complete and harmonious body
of laws, such as a civil criminal, pro-
bate and political code, and a code of
civil, criminal, probate and political
procedure.
SERVICE OF PROCESS.
l submit that the law with regard
to issuing and service of summons
and other process should be amended
to the effect that the declaration,
petition or other initial pleading,
when filed shall not be taken from
the files or custody of the clerk for
service or otherwise, but service
shall be made by delivering to the
defendant a true copy of such sum-
mons or process to which shall be
annexed a true copy of the decIara-
ton, petition or other initial pleading,
which copies shall be certified to by
| the clerk. The officer making such
service may make due return there
of on a separate paper showing all the
essential facts, which return shall be
duly filed with the clerk. Process to
run to all parts of the Territory.
MARRIAGE AND DIVORCE.
With regard to the marriage con-
tract, | would suggest that the stat
ute (Sec. 2207, r. L., Act AZ Laws
1907 be amended making it neces-
sary for the male at the time of con-
tracing the marriage to be at least
twenty years of age, and the female
of at least eighteen years of age:
that the license for the purpose of
marrying shall be obtained at least
ten days before the marriage; that
the officer issuing the license shall
Immediately thereafter give public
notice thereof; that the officer shall
not knowingly issue a license when
either of the parties have been divorc.
ed until six months thereafter; that
, the marriage of parties within six
, months after either of them have been
, divorced except remarriage of the
same parties. shall render such mar
riage absolutely void; that the decree
of divorce shall expressly prohibit
the parties from contracting any mar
riage with third parties within six
: months from date thereof.
The violation of the statute (as
mus amended by the officials issuing
the license and those performing the
marriage ceremony should be made
misdemeanor with appropriate pen
atty. ~
would also suggeC1 that Section
= 223O OF the Revised Laws, as amend
= ed by Act 100 of the Laws of 1907, BIZ
= amended by adding thereto the fol
= lowing: The judge shall not enter
tain Jurisdiction of the libel until a
. least twenty days after such persona
service shall have been completed
: nor shall the Judge entertain iuris
: diction of the libel when the libelle,
e shall have entered an appearance il
e the case without such personal SCI
Il vice, until at least twenty days afte
e such appearance.
q The statute (Sec 1892, r. L..
should also be amended, requiring evi
L dence in confederation of the eyidenc
OF the libellant as to. the ground OF
D which the divorce is sought.
;, l would further suggest that Sec
Il 1884, X. L., be amended by addinj
S thereto the following, or words t,
} the same effect: Whenever a libel TO
, divorce remains undefended, it shaI
: be the duty of the Attorney General an
the County Attorney to resist sucl
libel; but no such prosecuting Office
shall be employed in or allowed Il
conduct any suit for a divorce OF
t the part OF the Hbellant In the court
l. OF thls Territory; nor shall any sue
: prosecuting officer be allowed to re
y slst libel for divorce in those case
:. Where the lebellee does not appear,
h the attorney for the libellant is a part
s ner of such prosecuting officer in tn
n practice of law, or keeps his ofic
L with such prosecuting officer. but 1
all such cases the judge before whor
l. the case is to be heard shall appoin
an attorney to resist the libel. VIII
10 shall be entitled to reasonable con
a pensation therefor to be paid out G
= the public funds
d First Judge (Hon. J. T. De BoIt),
v CIVIL CASES 1908.
l. With jury: Assumpsit. JudgmeI
L for plaintiff, A. judgment for defenC
h ant, 4.
V Ejectment. Judgment for plaintiff
IS 3; discontinued, l.
d. Summary proceedings. Judgmen
p for plaintiff, l.
-e Action to quiet acknowledgement fc
IL defendant, /.
Damages. Judgment for plaintiff, :
10 nonsuits, 2.
= Trespass. Judgment for plaintiff
. l; judgment for defendant, 1; no.
II suit, 1.