TITLE 5—OF LAWS AFFECTING THE DOMESTIC RE­LATIONS.

 

CHAPTER XXVIII.

 

OF HUSBAND AND WIFE.

 

ARTICLE LIII—MARRIAGE.

 

§1283. It shall not be lawful for any minister of religion of any sect whatsoever, or any other person, to perform the marriage ceremony within this Kingdom, without first obtaining from the Minister of the Interior a license to celebrate marriage.

 

RELATING TO MARRIAGE CONTRACTS.

 

Section 1. In order to make valid the marriage contract, it shall be necessary that the respective parties be not to each other within the fourth degree of consanguinity; that the male at the time of contracting the marriage shall be at least seventeen years of age, and the female at least fourteen years of age; that the’ man shall not at the time have any lawful wife living and that the woman shall not at the time have a lawful husband living; and it shall in no case be lawful for any persons to marry in this Kingdom without a license for that purpose duly obtained from’ the agent duly appointed to grant licenses to marry.

 

Section 2. The 1284^th section of the Civil Code and the XXIV. Chapter of the laws of the year one thousand eight hun­dred and seventy are hereby repealed.

 

§1285.  The marriage rite may be performed and solemnized by any person duly authorized by law, upon presentation to him of a license to marry, as prescribed by the foregoing section; who may be at liberty to receive the price to be stipulated by the parties, or the gratification tendered to him.

 

TO FACILITATE THE PROOF OF MARRIAGE.

 

Section 1. It shall be the duty of every person authorized to solemnize marriage within this Kingdom to make and preserve a record of every marriage by him solemnized, comprising the names of the man and woman married, their place of residence, and the date of their marriage, and to deliver a certificate of such marriage, signed by him, to the parties married.

 

Section 2. Every person authorized to solemnize marriage, who shall neglect to keep a record of any marriage by him sol­emnized, or to deliver a certificate thereof to the parties married, shall be subject, upon due proof of such neglect before any police or district justice, to a fine of fifty dollars.

 

Section 3. It shall be the duty of every person authorized to solemnize marriage, to deliver to any person requesting the same, a written certificate of any marriage by him solemnized, upon being paid or tendered the sum of fifty cents.

 

Section 4. Any person authorized to solemnize marriage, who shall refuse, upon being paid or tendered the sum of fifty cents, to deliver to any person requesting the same, a certificate of any marriage by him solemnized, shall, upon due proof of such refusal before any police or district justice, be subject to a fine of fifty dollars.

 

Section 5. Upon the death or departure from the country of any person authorized to solemnize marriage, it shall be the duty of his executor, administrator, or other legal representative, to deliver the records of marriages kept by such authorized person to the Minister of the Interior, under a penalty, upon due proof of neglect to make such delivery before any police or district justice, of a fine of one hundred dollars.

 

Section 6. It shall be the duty of the chief clerk of the Department of the Interior, upon being paid or tendered the sum of fifty cents, to deliver to any person requesting the same, a certified copy of any entry found in any record of marriages deposited in said department, under the hand of said clerk and the seal of the department.

 

§1286. The husband, whether married in pursuance of this article, or heretofore, or whether validly married in this Kingdom or in some other country, and residing in this, shall be account­able in his own property, for all the debts contracted by his wife anterior to, and during marriage; to any of which debts, he may set up the same defense she could have interposed had she remained sole. The husband shall be bound in law to maintain, provide for, and support his wife during marriage, in the same style and manner in which he supports and maintains himself. The husband shall, in virtue of his marriage, and in consideration of the responsibilities imposed on him by law, be the virtual owner, ex­cept otherwise stipulated by express marriage contract, of all mov­able property belonging to his wife anterior to marriage, and of all movable property accruing to her after marriage; over all of which movable property he shall, unless otherwise stipulated by contract, have absolute control for the purposes of sale or other­wise, and the same shall be equally liable with his own for his private debts. The husband shall in virtue of his marriage, un­less otherwise stipulated by express contract, have the custody, use and usufruct, rents, issues and profits of all property of a fixed and immovable nature, belonging to his wife before marriage, or accruing to her after marriage; and he may, with her written con­sent, rent or otherwise dispose of the same for any term not ex­ceeding the term of his natural life: provided, that in case his wife shall first die, the husband legally married as aforesaid, shall Eat. Napus cease to have control over the immovable and fixed property of his wife, and the same shall immediately descend to her heirs as if she had died sole, unless there happen to be legitimate issue of y the marriage within the age of legal majority; in which case the husband shall continue to enjoy a curtsey in said immovable or fixed property, until such issue shall attain majority, when the same shall descend to the heir or heirs of the body of the wife. The immovable and fixed property of the wife shall not be liable to be sold for the payment of the husband’s debts, whether con­tracted in his own behalf solely, or in support of or for the use of his wife after marriage. But such immovable and fixed property may be legally sold on execution to satisfy the debts contracted by the wife before marriage, if no property of the husband be found to satisfy the same.

 

§1287. The wife, whether married in pursuance of this article or heretofore, or whether validly married in this Kingdom or in some other country, and residing in this, shall be deemed for all civil purposes, to be merged in her husband, and civilly dead.  She shall not, without his consent, unless otherwise stipulated by anterior contract, have legal power to make contracts, or to alienate and dispose of property, except as hereinafter provided. She shall not be civilly responsible in any court of justice, without joining her husband in the suit, and she shall in no case be liable to im­prisonment in a civil action. The husband shall be personally re­sponsible in damages, for all the tortuous acts of his wife; for assaults, for slanders, for libels, and for consequential injuries done by her to any person or persons in this Kingdom.

 

§1288. The children of a valid marriage shall be denominated legitimate; and the husband of said marriage shall be liable for their suitable and proper support in all respects, until they severally attain the age of majority, when his liability shall cease for further provision. 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 guardians of their persons and of their property; be shall be liable in damages for tortuous acts committed by them, and entitled to prosecute and defend all actions at law in which they or their individual property may be concerned.
                                                 

§1289. Children whose parents shall not have been legally married, in contemplation of this article  shall be denominated bastards, and shall not be entitled to inherit from their male parents, without express bequest: provided, nevertheless, that the female parent shall be compellable to maintain and support them during minority, and they shall be capable to take by in­heritance from the mother, without win.

 

TO RENDER LEGITIMATE CHILDREN BORN OUT OF WEDLOCK, WHEN THEIR PARENTS SHALL MARRY SUBSEQUENTLY TO THEIR BIRTH.

 

Section 1. All children born out of wedlock, are hereby de­clared legitimate on the marriage of the parents with each other, and are entitled to the same rights as those born in wedlock.

 

Section 2. This Act shall become a law from and after the date of its passage.

           

Approved this 24th day of May, A.D. 1866.

 

§ 1290. Marriages legal in the country where contracted shall be held legal in the courts of this Kingdom.

 

§1291. When a male under twenty years of age, or female under eighteen years of age, is to be married, the consent of the parent, guardian or other person having the care and government of such party, if within the Kingdom, shall be first obtained.

 

§1292. Any justice of the Supreme Judicial Court, or of any circuit court, on application of any married woman, whose hus­band hits absented himself from the Kingdom, abandoning her, and not making sufficient provision for her maintenance, may empower her, during his absence and till his return, in her own name, to make and execute any contract under seal or otherwise.

 

§1293. She may also be authorized to make sale of any estate, real or personal, of which she is seized. Or possessed in her own right, and duly execute all legal instruments necessary for that purpose.

 

§1294. She may also commence, prosecute, and defend any action in law, or in equity, to final judgment and execution, in like manner as if she were unmarried.

 

§1295. The Supreme or Circuit Courts may also, on her peti­tion, authorize any person holding money or other personal pro­perty, to which the husband is entitled in her right, to pay and deliver the same to the wife; and authorize her to give a dis­charge for the same, which shall be valid; and to use and dispose of such property, during the absence of her husband, as her own property

 

§1296. Upon application, for any of the purposes before men­tioned, the justice before granting any of the powers before men­tioned, shall order notice to be given by publishing the same for three consecutive weeks in one of the newspapers issued in Hono­lulu, the last publication of which to be at least three calendar months before the granting of the application.

 

§1297. All contracts lawfully made by any married woman, by virtue of any power given her as aforesaid, shall be binding on her and her husband, in like manner as if their marriage had taken place after such contracts; and during his absence she shall be liable to be sued thereon, as if she were unmarried; and for all other acts done by her while the power granted to her is con­tinued.

 

§1298. No suit pending, where the wife shall be a party pur­suant to power granted her as before mentioned, shall abate by her husband’s return to the Kingdom; but on his application, he may be admitted, to prosecute or defend jointly with her, as if their inter-marriage bad taken place after the commencement of such suit, but if he shall not be admitted as a party, judgment shall be rendered, and execution issued and enforced by, or against he; in the same manner, as if judgment bad been rendered for or against her before their inter-marriage.

 

TO SECURE MARRIED WOMEN THE BENEFITS OF LIFE INSURANCE.

 

Section 1. Any married woman, by herself, and in her name, or in the name of any trustee, with assent of her husband, may cause his life to be insured for any term of time. If she shall sur­vive her husband, the amount of insurance due and payable upon her husband’s decease shall be payable to her own use, free from the claims of her husband or his creditors.

 

Section 2. In case the wife shall not be living at the decease of her husband, the amount of such insurance shall be paid to her personal representatives and accounted for as part of her estate, or it may be expressly made payable to any child or children.

 

Section 3. This Act shall not be construed to authorize the payment of a larger annual premium than five hundred dollars out of any property of the husband.

 

 

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