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.

§ 1904. 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.

§ 1905. Sections 1903, 1904 shall not be construed to authorize the payment of a larger annual premium than five hundred dollars out of any property of the husband.

NOTE TO CHAPTER 123.

66 1884-1895 are S. L. 1888, ch. 11. §§ 1896-1902 are C. L., §§ 1292-1298. §§ 19031905 are S. L. 1868, C. L., p. 429.

Cases in Hawaiian Reports: Kamakaohua v. Thow Choy, 8 Haw., 245; Silva v. Silva, 8 Haw., 496; Bankruptcy, Johnson, 8 Haw., 732; Nam Chong v. Lau Kona, 9 Haw., 370; Dowsett v. Jones, 9 Haw., 544; Iaukea v. Cummings, 9 Haw., 558.

CHAPTER 124.

DOWER.

§ 1906. Every woman shall be endowed of one-third part of all the lands owned by her husband at any time during marriage, in fee simple, in freehold, or for the term of fifty years or more, so long as twentyfive years of the term remain unexpired, but in no less estate, unless she is lawfully barred thereof; she shall also be entitled, by way of dower, to an absolute property in the one-third part of all his movable effects, in possession, or reducible to possession, at the time of his death, after the payment of all his just debts.

§ 1907. If a husband seized of lands in fee simple, freehold, or for a term of fifty years, as specified in the preceding section, shall exchange them for other lands, his widow shall not have dower in both, but shall make her election to be endowed of the lands given, or of those taken in exchange, within six months after the death of her husband, and if such election be not made, she shall take her dower of the lands received in exchange.

§ 1908. Where any person seized of lands, as aforesaid, shall have executed a mortgage of such lands before marriage, the widow shall, nevertheless, be entitled to dower out of the lands mortgaged, as against every person except the mortgagee and those claiming under him.

§ 1909. Where a husband shall purchase lands during coverture, and shall at the same time mortgage his estate in such lands to secure the payment of the purchase money, his widow shall not be entitled to dower out of such lands, as against the mortgagee or those claiming under him, although she shall not have united in such mortgage, but she shall be entitled to her dower as against all other persons.

§ 1910. Where in such case the mortgagee or those claiming under him shall, after the death of her husband, cause the land mortgaged to be sold and any surplus shall remain, after the payment of the moneys. due on such mortgage, and the costs and charges of the sale, the widow shall be entitled to the interest or income of the one-third part of such surplus, for her life, as her dower.

§ 1911. A widow shall not be endowed of lands conveyed to her husband by way of mortgage, unless he acquired an absolute estate therein during marriage.

§ 1912. When a widow is entitled to dower in lands of which her hus band died seized, she may continue to occupy the same, with the children or other heirs of the deceased, or to receive one third part of the rents, issues, and profits thereof so long as the heirs do not object thereto, without having her dower assigned.

§ 1913. A widow may remain in the house of her husband sixty days after his death, without being chargeable with rent therefor, and in the meantime she shall have her reasonable sustenance out of his estate. § 1914. In case of divorce, dissolving the marriage contract for the misconduct of the wife, she shall not be endowed.

§ 1915. A woman may bar her right of dower, in any estate conveyed by her husband, by joining with him in the deed conveying the same, and therein releasing her claim to dower, or by a separate deed releas ing the same, made at the time of the conveyance by her husband, or subsequently, or she may delegate to an attorney in fact other than her husband the power to execute such release, either by general or special power of attorney, and her execution and acknowledgment of the power of attorney may be in the same manner as if she were sole.

§ 1915A. No release of dower duly executed by the attorney in fact of any married woman prior to the passage of this chapter shall be held to be invalid or inoperative merely by reason of its not having been executed by such married woman in person.

§ 1916. A woman may also be barred of her dower in the lands of her husband by a jointure settled on her with her assent before her marriage, provided such jointure consists of an estate in lands, for the life of the wife at least, to take effect immediately on the death of her hus band; her assent to such jointure being expressed, if she be of full age, by her becoming a party to the conveyance by which it is settled, and if she be under age, by her joining with her father or guardian in such conveyance.

§ 1917. Any pecuniary provision that shall be made for the benefit of an intended wife, and in lieu of her dower, shall, if assented to as provided in the preceding section, bar her right of dower in all the lands of her husband.

§ 1918. If any such jointure or pecuniary provision in lieu of dower be made before the marriage, and without the assent of the intended wife, or if it be made after marriage, it shall bar her dower, unless she shall within six months after receiving notice of the death of her hus band, and of such jointure or pecuniary provision, make her election to waive such jointure or provision, and to be endowed of the lands of her husband.

§ 1919. If any provision be made for a widow in the will of her hus band, she shall, within six months after probate of the will, make her election or be endowed of his lands; but she shall not be entitled to both, unless it plainly appears by the will to have been the intention of the testator that she should have such provision in addition to her dower.

NOTE TO CHAPTER 124.

§§ 1906-1914, 1916-1919 are C. L., §§ 1299-1312; 1915-1915A are S. L., 1898, Oct. 13. Cases in Hawaiian Reports: Re Vida, 1 Haw., 63; Reynolds v. Barnard, 2 Haw., 72; Laanui v. Puohu, 2 Haw., 161; Est. Kamehameha, 2 Haw., 715; Wei See v. Young Sheong, 3 Haw., 489; Jacobs v. Cummings, 4 Haw., 113; Luha v. Holt, 5 Haw., 183; Long v. Pfluger, 6 Haw., 85; Carter v. Carter, 10 Haw., 687.

CHAPTER 125.

DIVORCE AND SEPARATION.

PART I.-ANNULMENT.

§ 1920. Any circuit court may, by a sentence of nullity, declare void the marriage contract for either of the following causes, existing at the time of marriage:

1. That the parties were related to each other within the fourth degree of consanguinity.

2. That the parties, or either of them, had not attained the legal age of marriage.

3. That the husband had an undivorced wife living, or the wife had an undivorced husband living.

4. That one of the parties was an idiot or lunatic.

5. That one of the parties was impotent or physically incapable of entering into the marriage state.

§ 1921. A suit to annul a marriage on the ground that one of the parties was under legal age, may be brought by the parent or guardian entitled to the custody of such minor, or by any person admitted by the court to prosecute as the friend of such minor; but in no case shall such marriage be annulled on the application of a party who was of legal age at the time it was contracted; nor when it shall appear that the parties, after they attained the legal age, had for any time freely cohabited as man and wife.

§ 1922. A marriage may be declared null on the ground that one of the parties has an undivorced husband or wife living, on the application of either of the parties during the lifetime of the other, or on the application of such former husband or wife.

§ 1923. Every woman who shall be deceived into contracting an illegal marriage with a man having another wife living, under the belief that he was an unmarried man, shall be entitled to a just allowance for the support of herself and family out of his property, which she may obtain upon application to any judge of a court of record at chambers; provided, always, that such allowance shall not exceed one-third his real and personal estate.

§ 1924. The children of such illegal marriage shall be entitled to succeed in the same manner as legitimate children to all the real and personal estate of both parents in this Territory.

§ 1925. The marriage of an idiot or insane person may be annulled on the application of the sane party, or any relative of the idiot or lunatic, or on application of any person admitted by the court to prosecute as the next friend of the said idiot or lunatic, or upon the application of the lunatic himself after restoration to reason; but in such case no sentence of nullity shall be pronounced if it shall appear that the parties freely cohabited as husband and wife after the lunatic was restored to a sound mind.

§ 1926. Upon the annulment of a marriage on account of nonage, insanity, or idiocy of either party, the issue of the marriage shall be deemed to be in all respects the legitimate issue of the parent who, at the time of the marriage, was capable of contracting.

§ 1927. Upon the annulment of a marriage that is prohibited on account of consanguinity between the parties, the issue of the marriage shall be illegitimate.

§ 1928. A suit to annul the marriage on the ground of the physical incapacity of one of the parties at the time of marriage, shall only be

maintained by the injured party against the party whose incapacity is alleged; and shall in all cases be brought within two years from the solemnization of the marriage.

§1929. No sentence of nullity of marriage shall be pronounced solely on the declarations or confessions of the parties, but the court shall, in all cases, require other satisfactory evidence of the facts on which the allegation of nullity is founded.

PART II.-DIVORCE.

§1930. Divorces from the bond of matrimony shall be granted for the causes hereinafter set forth, and no other.

First. For adultery in either party, or for willful and utter desertion for the term of three years, or when either party is sentenced to imprisonment for life, or for seven years or more, and no pardon granted to a party so sentenced, after divorce for such a cause, shall restore such party to conjugal rights; and when it is shown to the satisfaction of the court that either party has contracted the disease known as Chinese leprosy, and is incapable of cure.

Second. For extreme cruelty, habitual intemperance, or when the husband being of sufficient ability to provide suitable maintenance for his wife, neglects or refuses to do so. But if the party applying for a divorce shall not insist upon a divorce from the bond of matrimony, a divorce only from bed and board shall be granted, and the relations of the parties after such divorce shall be regulated by existing laws concerning separation.

§1931. Exclusive jurisdiction in matters of divorce is conferred upon the circuit courts of the judicial circuit in which the parties shall have last lived together as husband and wife. But all such cases shall be regularly entered on the calendar like other civil actions. No such case shall be heard at chambers, and no consent of parties shall warrant the courts in hearing divorce causes, or any matter connected therewith, except during regular sessions in the public court rooms. No divorce shall be granted for any cause if the parties have not lived together as husband and wife within this Territory.

§1932. All proceedings for divorce shall be commenced by libel, to be signed by the libellant, and sworn to, and the same shall set forth the marriage of the parties and the cause of divorce with sufficient particularity to constitute a case for judicial action. Such libels shall be filed in the office of the clerk of the proper court, and upon filing thereof, a writ of summons, with a certified copy of the libel attached, shall be issued returnable at the term of the court next after the day of filing the same. Such process shall be served by delivering the same personally to the respondent; and the court shall not entertain jurisdiction of such libel, unless by consent of the respondent, unless such personal service shall have been completed more than twenty days before the first day of the term, to which the same shall be returnable, except as provided in the following section.

§1933. If personal service shall not have been made as aforesaid, and it appears by return of the officer, that after diligent search the respondent can not be found, the court, at the return term, shall order that the case stand continued until the next succeeding term, and that in the meanwhile an attested copy of the summons shall be printed in the Government Gazette and Ke Au Okoa at least six times, the last publication to be at least twenty days before the next term of the court, and the court shall direct such further and other notice to be given as the circumstances of the case may require.

§ 1934. Upon the hearing of every libel for divorce the court shall require exact legal proof upon every point, notwithstanding the consent of parties; and the admission of the respondent shall not be competent evidence, except to prove the original marriage.

§ 1935. No divorce for the cause of adultery shall be granted: First. Where there is reasonable cause to believe that the offense has been committed by the procurement or with the connivance of the libellant. Second. Where the offense charged has been forgiven by the injured party. Such forgivenness may be shown by express proof, or by the voluntary cohabitation of the parties, with knowledge of the fact. Third. Where the libel was not filed within one year after discovery by the libellant of the offense charged. Fourth. Where there is reasonable cause to believe that the libellant has been guilty of any act which would entitle the defendant, if innocent, to a divorce.

The fourth ground for refusing a decree above mentioned shall not be applied to an application for a divorce for any other cause than that of adultery, nor shall any allegation with reference to such cause be necessary in the libel.

§ 1936. If there be any reason to suspect collusion, or that important testimony can be procured which has not been produced, it shall be the duty of the court to continue the cause till the next term, and so from term to term, while such reason for suspicion continues, and the attorneygeneral and parties not of record shall be heard, to establish the fact of collusion or the existence of testimony not produced.

§ 1937. If, after a full hearing, the court shall be of opinion that a divorce ought to be granted, either from the bonds of matrimony or from bed and board, an absolute decree shall be entered.

§ 1938. Whenever it shall be made to appear to the court, after the filing of any libel, that the wife is under restraint or in destitute circumstances, the court may pass such order to secure her personal liberty and reasonable support, pending the libel, as law and justice may require, and may enforce such orders by summary process. The court may also compel the husband to advance reasonable amounts for the compensation of witnesses and other reasonable expenses of trial to be incurred by the wife.

§ 1939. The several judges of the circuit courts at chambers, after the filing of any libel for divorce, may pass the orders authorized by section 1938, and such orders may be revised and amended from time to time by said courts, or any judge thereof.

§ 1940. Any party aggrieved by any order or decision of the circuit court may except thereto, and his exceptions shall be duly noted and certified to the supreme court, and no order or decree for a divorce shall be made absolute until such exceptions shall have been disposed of. Said exceptions shall be argued and determined in the supreme court, and if the court shall be of opinion that the order or decision excepted to in said circuit court was erroneous, they shall so certify, and thereupon the case shall be heard anew.

§ 1941. A divorce for the cause of adultery committed by the husband shall not affect the legitimacy of the issue of the marriage.

§ 1942. A divorce for the cause of adultery committed by the wife shall not affect the legitimacy of the issue of the marriage, but the legitimacy of such children, if questioned, shall be tried and determined by the court. In every such case the legitimacy of such children shall be presumed until the contrary be shown.

§ 1943. Upon granting a divorce for the adultery or other offense amounting thereto of the husband, the court may make such further