decree or order against the defendant, compelling him to provide for the maintenance of the children of the marriage, and to provide such suitable allowance for the wife, for her support, as the court shall deem just and reasonable, having regard to the ability of the husband, the character and situation of the parties, and all other circumstances of the case.

§1944. Upon annulling a marriage, or decreeing a divorce, the court may make such further decree as it shall deem expedient, concerning the care, custody, education, and maintenance of the minor children of the parties, and determine with which of the parents the children or any of them shall remain; and the court may from time to time afterwards, on the petition of either of the parties, revise and alter such decree concerning the children, and make a new decree concerning the same, as the circumstances of the parents and the benefit of the children may require.

§1945. When a divorce is decreed for the adultery, or other offense amounting thereto, of the husband, and the wife shall be the owner of real estate, or have in her possession any personal property given to her by her husband, acquired by her own industry, given her by devise or otherwise, or to which she may be entitled by the decease of any relative, all such real and personal property shall be her sole and absolute property.

§1946. A wife divorced for adultery or other offense amounting thereto, shall not be entitled to dower in her husband's real estate, or any part thereof, nor to any share of his personal estate.

$1947. Whenever the court shall make an order or decree requiring a husband to provide for the care, maintenance, and education of his children, or for an allowance to his wife, the court may require him to give reasonable security for such maintenance and allowance; and upon neglect or refusal to give such security, or upon default of him and his surety to provide such maintenance and allowance, the court may sequester his personal estate, and the rents and profits of his real estate, and may appoint a receiver thereof, and cause such personal estate and the rents and profits of such real estate to be applied toward such maintenance and allowance, as to the court shall from time to time seem just and reasonable.

§1948. Whenever a marriage shall be dissolved for adultery or other offense amounting thereto, either party to the divorce may marry again at any time.

§1949. Upon the application of any divorced person to any officer authorized to grant marriage licenses for a license to marry again, such officer shall, before granting such person a license to marry, require to be produced before him the original certificate of such person's divorce, or a duly certified copy thereof, under the seal of the court in which the divorce was decreed.

PART III.-SEPARATION.

$1950. A separation from bed and board forever, or for a limited time, may be decreed by any circuit court for the following causes: 1. For excessive and habitual ill-treatment of the one party by the other.

2. For habitual drunkenness of either party.

3. For the refusal or neglect of the husband to provide his wife with the necessaries of life.

§ 1951. In any suit brought for a separation, the defendant shall be permitted to prove, in his justification, the ill conduct of the complain

ant, and on establishing such defense, to the satisfaction of the court, the suit may be dismissed.

§ 1952. Upon decreeing a separation, the court may make such further decree for the support and maintenance of the wife and her children, by the husband, or out of his property, as may appear just and proper.

§ 1953. Whenever a decree of separation is granted, the decree shall have the effect, during such separation, to reinstate the wife, whether the wrongdoer or not, in the right to sue or be sued, to alienate and convey property, to make contracts, and to do all other acts as if she were a femme sole.

§ 1954. Where a decree for a separation forever, or for a limited period, shall have been pronounced, it may be revoked at any time thereafter, under such regulations and restrictions as the court may impose, upon the joint application of the parties and upon their producing satisfactory evidence of their reconciliation.

§ 1955. Upon the hearing of any petition for a divorce or separation, the court shall have power, in its discretion, to examine either or both of the parties, upon oath, in order to prevent collusion.

NOTE TO CHAPTER 125.

§§1920-1929 are C. L. §§1313-1322; §§1930-1938 are S. L. 1870, ch. 16, C. L. p. 434. This act was repealed by S. L. 1874, ch. 51, but the repealing statute was held unconstitutional and void in Marchant v. Marchant, 3 Haw., 661, and this statute subsequently amended. §1939 is S. L. 1872, ch. 18, C. L. p. 436; §1940 is S. L. 1870, ch. 16, C. L. p. 436; §§1941-1945 are C. L. §§1326–1330; §§1946-1947 are C. L. §§1332– 1333; 1948-1949 are S. L. 1866, reenacted S. L. 1874, ch. 51, C. L. p. 439; §§1950– 1955 are C. L. §§1336-1341.

Penalty for cohabiting of divorced persons, see Penal Laws, §98.

Cases in Hawaiian Reports: Kalua v. Kamana. 4 Haw., 58; Briggs v. Briggs, 4 Haw., 448; Hana v. Mehekula, 4 Haw., 447; Mitchell v. Mitchell, 5 Haw., 161; Coleman v. Coleman, 5 Haw., 302; Estate Gordon, 6 Haw., 289; Re Fortado, 7 Haw., 219; Opiopio v. Kane, 7 Haw., 342; Kailiahi v. Kepau, 8 Haw., 87; Southerland v. Southerland, 8 Haw., 408; Puuku v. Kalelehu, 8 Haw., 79; McGrew v. McGrew, 9 Haw., 487; Lazarus v. Lazarus, 9 Haw., 350; Carter v. Mutual Co., 10 Haw., 117: Trousseau v. Cartwright, 10 Haw., 138; Laing v. Laing, 10 Haw., 183; Carter v. Mutual Co., 10 Haw., 562; Trousseau v. Cartwright, 10 Haw., 614.

CHAPTER 126.

GUARDIANS AND WARDS.

§ 1956. Any circuit judge of this Territory may, when it shall appear to him necessary or convenient, appoint guardians to minors and others, being inhabitants of or residents in the circuit in which he is a judge. § 1957. If the minor is under the age of thirteen years, the judge of probate may nominate and appoint his guardian, and if he is above the age of thirteen years, he may nominate his own guardian, who, if approved of by the judge, shall be appointed accordingly; and if the guardian nominated by such minor shall not be approved by the judge, or if the minor shall reside without the Territory, or if, after being cited by the judge, he shall neglect to nominate a suitable person, the judge may nominate and appoint the guardian in the same manner as if the minor were under the age of thirteen years.

§1958. Every guardian appointed as aforesaid shall have the custody and tuition of the minor and the care and management of his estate, and shall continue in office until the minor shall arrive at the age of twenty years, or until the guardian shall be discharged according to law: Provided, however, That the father of the minor, if living, and in case of his death, the mother, while she remains unmarried, being

themselves respectively competent to transact their own business, shall be entitled to the custody of the person of the minor and to the care of his education.

§ 1959. Every such guardian shall give a bond, with surety or sureties, to the judge of probate, in such sum as the judge shall order, with conditions as follows:

First. To make a true inventory of all the real estate and all the goods, chattels, rights, and credits of the ward that shall come to his possession or knowledge, and to return the same into the probate court at such times as the judge shall order.

Secondly. To dispose of and manage all such estate and effects according to law and for the best interest of the ward, and faithfully to discharge his trust in relation thereto, and also in relation to the custody, education, and maintenance of the ward.

Thirdly. To render an account, on oath, of the property in his hands, including the proceeds of all real estate sold by him, and of the management and disposition of all such property, within one year after his appointment, and at such other times as the judge of probate shall direct.

Fourthly. At the expiration of his trust to settle his accounts with the judge of probate, or with the ward or his legal representatives, and to pay over and deliver all the estate and effects remaining in his hands, or due from him on such settlement, to the person or persons who shall be lawfully entitled thereto.

§ 1960. Every father may, by his last will in writing, appoint a guardian or guardians for any of his children, whether born at the time of making the will or afterwards, to continue during the minority of the child, or for any less time, and every such testamentary guardian shall have the same powers and shall perform the same duties, with regard to the person and estate of the ward, as a guardian appointed by the judge of probate.

§ 1961. Every such testamentary guardian shall give a bond in like manner, and with like condition, as is before required of a guardian appointed by the judge of probate, provided that when the testator in the will appointing the guardian shall have ordered or requested that such bond shall not be given, the bond shall not be required, unless, from a change in the situation or circumstances of the guardian, or for other sufficient cause, the judge of probate shall think proper to require it.

§1962. Nothing contained in this chapter shall impair or affect the power of any judge of the supreme court or circuit court to appoint a guardian to defend the interests of any minor impleaded in such court, or interested in any suit or matter there pending, nor their power to appoint or allow any person as next friend for a minor to commence, prosecute, or defend any suit in his behalf.

§ 1963. When the relations or friends of any insane person shall apply to any of the judges herein before mentioned to have a guardian. appointed for him, the judge shall cause notice to be given to the sup posed insane person of the time and place appointed for hearing the case, not less than fourteen days before the time so appointed; and if, after a full hearing, it shall appear to the judge that the person in question is incapable of taking care of himself, the judge shall appoint a guardian of his person and estate, with the powers and duties hereinafter specified.

§ 1964. Every guardian so appointed for an insane person shall have the care and custody of the person of the ward, and management of all

his estate, until the guardian shall be legally discharged; and he shall give a bond to the judge appointing him, in like manner and with the like condition as is before prescribed with respect to the guardian of a minor, excepting that the provision relating to the education of the ward shall be omitted in the condition of the bond.

§1965. When any person, by excessive drinking, gaming, idleness, or debauchery of any kind, shall so spend, waste, or lessen his estate as to expose himself or his family to want or suffering, his friends or relations may present a complaint to any of the judges herein before mentioned, setting forth the facts and circumstances of the case, and praying to have a guardian appointed for him.

§ 1966. The judge shall cause notice to be given to such supposed spendthrift of the time and place appointed for hearing the case, not less than fourteen days before the time so appointed; and if after a full hearing it shall appear to the judge that the person complained of comes within the description contained in section 1965, he shall appoint a guardian of his person and estate, with the powers and duties hereinafter specified.

§ 1967. After the order of notice has been issued, the complainants may cause a copy of the complaint, with the order of notice, to be filed in the office of the registrar of conveyances, and if a guardian shall be appointed upon such application, all contracts, excepting for necessaries, and all gifts, sales, or transfers of real or personal estate made by such spendthrift after such filing of the complaint in the registry of conveyances and before the termination of the guardianship shall be null and void.

§ 1968. When a guardian shall be appointed for an insane person or spendthrift, the judge shall make an allowance to be paid by the guardian for all reasonable expenses incurred by the ward in defending himself against the complaint.

§ 1969. Every guardian so appointed for a spendthrift shall have the care and custody of the person of the ward and the management of all his estate until the guardian shall be legally discharged, and he shall give bond to the judge appointing him in like manner and with the like condition as is before directed with respect to the guardian of an insane person.

§ 1970. Every guardian appointed under the provisions of this chapter, whether for a minor or any other person, shall pay all just debts due from the ward out of his personal estate, if sufficient, and if not, out of his real estate, upon obtaining a license for the sale thereof, as hereinafter provided; he shall also settle the accounts of the ward, and demand, sue for, and receive all debts due to him, or may, with the approbation of any of the judges herein before specified, compound for the same and give a discharge to the debtor upon receiving a fair and just dividend of his estate and effects; and he shall appear for and represent his ward in all legal suits and proceedings, unless where another person is appointed for that purpose as guardian or next friend. § 1971. The guardian shall also manage the estate of the ward frugally and without waste, and apply the income and profits thereof, so far as may be necessary, for the comfortable and suitable maintenance and support of the ward and his family, if there be any; and if the income and profits shall be insufficient for that purpose the guardian may sell the real estate upon obtaining a license therefor as provided by law, and shall apply the proceeds of such sale, so far as may be necessary, for the maintenance and support of the ward and his family.

§ 1972. The guardian may join in and assent to a partition of the real estate of the ward, either upon a petition for partition or otherwise; and he may assign and set out dower in the said estate to any widow entitled thereto, and may appoint an appraiser of real estate on any execution, either against or in favor of his ward.

§ 1973. Upon the taking of any inventory required by this chapter, the estate and effects comprised therein shall, if the judge deem it necessary, be appraised by from one to three suitable persons, to be appointed and sworn by the judge, and every guardian shall account for and dispose of the personal estate of the ward as directed by the judge.

§ 1974. When any guardian appointed either by a testator or by any of the judges hereinbefore mentioned shall become insane or otherwise incapable of discharging his trust, or evidently unsuitable therefor, any of said judges, after notice to such guardian and to all others. interested, may remove him; and every guardian may, upon his request, be allowed to resign his trust when it shall appear to the judge proper to allow the same; and upon every such resignation or removal, and also upon the death of any guardian, the judge of probate may appoint another in his stead.

§ 1975. The marriage of any female who is under guardianship as a minor shall operate as a legal discharge to her guardian; and the guardian of any insane person or spendthrift may be discharged by any judge of probate when it shall appear to him, on the application of the ward or otherwise, that such guardianship is no longer necessary.

§ 1976. Any court of probate may require a new bond to be given by any guardian, and may discharge the existing sureties from future responsibility whenever such court may deem it proper so to do.

§ 1977. Any bond given by a guardian may be put in suit by order of a judge of probate for the use and benefit of the ward, or of any person interested in his estate.

§ 1978. No action shall be maintained against the sureties in any bond given by a guardian, unless it be commenced within four years from the time when the guardian shall be discharged, provided that if at the time of such discharge the person entitled to bring such action shall be out of the Territory, the action may be commenced at any time within four years after his return to the Territory.

§ 1979. Upon complaint made to a judge of probate by any guardian, or by the ward, or by any creditor or other person interested in the estate, or by any persons having claims thereto in expectancy as heir or otherwise against anyone suspected of having concealed, embezzled, or conveyed away any of the money, goods, or effects of the ward, the judge may cite and examine such suspected person, and proceed with him as to such charge in the same manner as with persons suspected of concealing or embezzling the effects of a deceased testator or intestate. § 1980. When any minor, or other person liable to be put under guardianship, according to the provisions of this chapter, shall reside without this Territory, and shall have any estate therein, any friend of such person, or anyone interested in his estate in expectancy or otherwise, may apply to any judge of the supreme court of law and equity, and after notice to all persons interested, to be given in such a manner as the judge shall order, and after a full hearing and examination, if it shall appear to him proper, he may appoint a guardian for such absent person.

§ 1981. Every guardian appointed according to the provisions of the last preceding section shall have the same powers and duties with