§ 1861. Every notary public shall constantly keep a seal of office, whereon shall be engraven his name and the words "notary public” and "Hawaiian Islands."

§ 1862. It shall be his duty, when requested, to enter on record all losses or damages sustained or apprehended, by sea or land, and also all averages, and such other matters as, by mercantile usage, appertain to his office, and cause protest thereof to be made, duly and formally. §1863. All facts, extracts from documents, and circumstances so noted shall be signed and sworn to by all the persons appearing to protest; and he shall note, extend, and record the protest so made; and shall grant authenticated copies thereof, under his signature and notarial seal, to those who request and pay for the same. He shall also, in behalf of any person interested, present any bill of exchange, or other negotiable paper, for acceptance or payment to any party on whom the same is drawn, or who may be liable therefor; and notify all endorsers or other parties to such bill or paper; and he may, in general, do all the acts to be done by notaries public by the usages of merchants or which are authorized by the laws of this Territory.

§1864. The protest of any foreign or inland bill of exchange, or promissory note or order, duly certified by any notary public, under his hand and official seal, shall be legal evidence of the facts stated in such protest, as to the same, and also as to the notice given to the drawer or endorser in any court of law.

§1865. Whenever any promissory note, bill of exchange, draft, or order for the payment of money, payable at a future day, or at sight, and not on demand, shall become payable in this Territory, the maker of any such note, and the acceptor of any such bill of exchange, respectively, shall be entitled to a grace of three days, unless the third day happen to be Sunday, or a day of public fast or thanksgiving appointed by the governor, in which excepted cases a grace of two days only shall be allowed.

§1866. Every notary public shall record at length in a book of records all acts, protests, depositions, and other things by him noted or done in his official capacity; and all copies or certificates by him granted shall be under his hand and notarial seal, and shall be received as evidence of such transaction.

§ 1867. Every notary public of this Territory is hereby authorized to administer oaths in all cases in which oaths are by law authorized or required to be taken or administered, or in which the administering of an oath may be proper; and all oaths heretofore administered by notaries public are hereby declared valid and binding.

§ 1868. Every notary public shall be entitled to demand and receive the following fees, viz:

1. For noting the protest of merchantile paper, two dollars. 2. For each notice and certified copy of protest, two dollars.

3. For noting any other protest, three dollars.

4. For every notice thereof, and certified copy of protest, three dollars.

5. For every deposition, or official certificate, two dollars.

6. Administration of an oath, including the certificate of such oath, twenty-five cents.

NOTE TO CHAPTER 119.

§ 1859 is S. L. 1887, ch. 11. §§ 1860-1866 are C. L., §§ 1267-1273. § 1867 is S. L. 1888, ch. 6. 1868 is C. L., § 1276, and S. L. 1888, ch. 6.

Duties of notaries public, see also penal laws, §§ 1334-1335.

Cases in Hawaiian Reports: Lenehan v. Akana, 6 Haw., 538; Re Notaries, 8 Haw., 562; Bishop v. Williams, 9 Haw., 299.

TITLE IX.

DOMESTIC RELATIONS.

CHAPTER 120.

MARRIAGE.

§ 1869. 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 Territory, without first obtaining from the treasurer a license to celebrate marriage.

§ 1870. 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 lease 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 person to marry in this Territory without a license for that purpose duly obtained from the agent duly appointed to grant licenses to marry.

§ 1871. 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.

§ 1872. Marriages legal in the country where contracted shall be held legal in the courts of this Territory.

§ 1873. 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 Territory, shall be first obtained.

NOTE TO CHAPTER 120.

§ 1869 is C. L., 1283. 1870 is S. L. 1872, Ch. 23, C. L., p. 423. § 1871 is C. L., § 1285, §§ 1872-1873 are C. L., §§ 1290–1291.

Marriage records must be kept, see P. L., §1343, etc. And transmitted to registrar, see P. L., § 966.

Cases in Hawaiian Reports: Puuku v. Kaleleku, 8 Haw., 78; R. v. Waipa, 10 Haw.

442.

CHAPTER 121.

CHILDREN.

§ 1874. The children of a valid marriage shall be denominated legiti mate; 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 guardian of their persons and of their property; he 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.

§ 1875. 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 com pellable to maintain and support them during minority, and they shall be capable to take by inheritance from the mother without will.

§ 1876. 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.

NOTE TO CHAPTER 121.

§ 1874-1875 are C. L., §§ 1288-1289. 1876 is S. L. 1866, C. L., p. 427.

Casesin Hawaiian Reports: Hopkins v. Chung Wa, 4 Haw., 650; Hanuna v. Unna, 6 Haw., 468.

CHAPTER 122.

NAMES.

§ 1877. All married women now living, and all that may be married hereafter, on these islands shall, on and after the passage of this chapter, adopt the names of their husbands as a family name.

§ 1878. All children born in wedlock after the passage of this chapter shall have their father's name as a family name. They shall, besides, have a Christian name suitable to their sex.

§ 1879. All illegitimate children born after the passage of this chapter shall have their mother's name as a family name. They shall, besides, have a Christian name suitable to their sex.

§ 1880. All children up to the age of twenty years shall adopt the names of their fathers as a family name.

§ 1881. All names so adopted shall be reported to the agents appointed to take the census of the people during the present year.

§ 1882. It shall not be lawful to change any name adopted or conferred under this law. It shall also not be lawful to change any name adopted or conferred before the operation of this law except upon a decree of the governor, which decree shall be founded upon the petition of the person desirous of changing his or her name, and shall be duly published for the information of the public for at least four consecutive weeks in some public journal in such decree mentioned.

§ 1883. The father or mother of any children born subsequently to the passage of this chapter shall report the name or names of such child to the registrar of births for the district in which such child was born within three months after the birth of such child.

NOTE TO CHAPTER 122.

§§ 1877-1883 are S. L. 1860, amended S. L. 1872, ch. 30, C. L. p. 506.

CHAPTER 123.

RIGHTS OF MARRIED WOMEN.

§ 1884. The real and personal property of a woman shall, upon her marriage, remain her separate property, free from the management, con

trol, debts, and obligations of her husbaud; 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: Provided, however, That no sale or mortgage of her real estate shall be valid without the written consent of her husband.

§ 1885. A married woman may make contracts, oral and written, sealed and unsealed, in the same manner as if she were sole, except that she shall not be authorized hereby to make contracts for personal service without the consent of her husband, nor to contract with her husband.

§ 1886. All work and labor performed or services rendered by a 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 rendered on her separate account.

§ 1887. A married woman may be an executrix, administratrix, guardian, or trustee, and may bind herself and the estate she represents without any act or assent on the part of her husband.

§ 1888. 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.

§ 1889. A married woman shall not be liable for the debts of her husband; nor shall her property be liable to be taken on execution or other process against him, except as provided in section 1893.

§ 1890. A husband, whether married in this Territory or in some other country and residing in this, shall be bound to maintain, provide for, 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 during marriage, except such debts as may be contracted by her in the course of or in connection with any separate business which she may carry on, as provided in section 1893. The husband shall be personally responsible for all the tortious acts of his wife done by and with his authority or consent, and for none other. In case the wife shall die first and intestate, then her property shall immediately descend to her heirs, but shall be in all cases, whether she die testate or intestate, subject to a life interest in the husband in one-third of the wife's real estate.

§ 1891. A husband shall not be liable to be sued upon a cause of action which originated against his wife prior to their marriage, nor shall he be liable to pay any judgment that may be recovered against his wife, except as provided in section 1893.

§ 1892. The contracts made by a married woman in respect to her separate property, trade, business, labor, or services shall not, except as provided in the following section, be binding on her husband nor render him or his property liable therefor; but she and her separate property shall be liable on such contracts in the same manner as if she were sole. § 1893. When a married woman does, or proposes to do, business on her separate account, she or her husband shall file in the office of the treasurer a certificate setting forth her name and residence and the name and residence of her husband, the nature of the business, and the place where it is or is proposed to be carried on, giving, if practicable, the street and the number on the street; and when the nature of the business or the place where it is carried on is changed, a new certificate shall be filed accordingly. The treasurer shall cause to be kept a book wherein shall be recorded the certificates so filed, and shall charge the 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 inspection of the public without charge. If such certificate be

not filed as aforesaid, the personal property employed in such business shall be liable to be attached as the property of the husband and to be taken on 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 to the same extent as if such contracts had been made by himself.

§ 1894. Nothing contained in the foregoing sections shall invalidate any marriage settlement or contract.

§ 1895. Nothing in sections 1884-1895 contained shall affect any rights of property which have already accrued under any law heretofore in existence.

DESERTION.

§ 1896. Any judge of any circuit court, on application of any married woman, whose husband has absented himself from the Territory, 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.

§ 1897. 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.

§ 1898. 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.

§ 1899. The 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.

§ 1900. Upon application, for any of the purposes before mentioned, the judge, 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.

§ 1901. 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.

§ 1902. 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 Territory, but on his application he may be admitted to prosecute or defend jointly with her as if their intermarriage had 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 her in the same manner as if judgment had been rendered for or against her before their intermarriage.

LIFE INSURANCE.

§ 1903. 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,