Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864, 1851-09-20
CHE polpnesial1.
Bp Autboritp.
Concluded from last soeek.
AN ACT
REGULATING GUARDIANS AND WARDS.


person liable to be put under guardianship,
according to the provisions of this act, shall
reside without this kingdom, and shall have
any estate therein, any friend of such per-
son, or any one interested in his estate, in
expectancy or otherwise, may apply to any
judge Of the superior 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 full hearing, and examina-
tion, if it shall appear to him proper, he may
appoint guardian for such absent person.
SECTION %. Every guardian, appointed
according to the provisions of section 26,
shall have the same powers and duties, with
respect to any estate Of the ward, that shall
be found within this kingdom, and also with
respect to the person of the ward, if he shall
come to reside therein, as are prescribed
with respect to any other guardian, appoin-
ted under this act.
SECTION %. Every such guardian shall
give bond to the judge appointing him, in
like manner and with the like condition, as is
above provided with respect to other guar
dians; excepting that the provisions respec-
ting the inventory, the disposal of the estate
and effects. and the account to be rendered
by the guardians, shall be confined to such
estate and effects, as shall come to his hands
in this kingdom, and that the provisions, re-
specting the custody of the ward, shall not
be applicable, unless the ward shall come 10
reside within this kingdom.
SEccIoN %. Every guardian shall be al
lowed the amount of all his reasonable ex-
penses, incurred in the execution of his trust,
and he shall also have such compensation
for his services, as the court, in which his
accounts are settled, shall consider to be
Just and reasonable.
SECTION 30. When an account is render
ed by two or more joint guardians, the court
may in its discretion, allow the same, upon
the oath of any one of them.
SECTION 81 The words 'insane person"
are intended to include every idiot, noncom-
pos, lunatic, and distracted person, and the
word .sspendthrift" is intended to include
every one who is liable to be put under guar
dianship, on account Of excessive drinking,
gaming, idleness, or debauchery; and these
words shall be SO construed in all the pro-
visions relating to guardians and wards, con-
tanned in this or any other statute.
SECTION 80. When the income of the es-
tate of any person under guardianship, whe-
ther as minor, insane person, or spend
thrift, shall be insufficient TO maintain the
ward and his family, his guardian may sell
his real est ate for that purpose, upon obtain
ing license therefor, and proceeding there
in in the manner hereinafter provided.
SECTION 3d. When it shall appear, upon
the representation of any such guardian,
that it would be for the benefit of his ward
that his real estate, or any part thereof,
should be sold, and the proceeds thereof be
put on interest, or invested in some produc-
tive stock, his guardian may sell the same
accordingly, upon obtaining license there
for, and proceeding therein as hereinafter
provided.
SECTION 81. If the estate is sold for the
maintenance of the ward and his family, as
provided in the 32nd section, the guardian
shall apply the proceeds of the sale to that
purpose, SO far as necessary, and shall put
out the residue, if any, on interest, or invest
it in the best manner in his power, until the
capital shall be wanted for the maintenance
of the ward and his family, in which case the
capital may be used for that purpose, as far
as may be necessary, in like manner as if it
had been personal estate of the. ward.
SECTION 35. If the estateis sold, in order
TO put out and invest the proceeds, as pro-
vided in the 33d section, the guardian shall
make the investment according to his best
judgment, or in pursuance of any order
that may be made relating thereto, by the
court granting him the license to sell.
SECTION SO. In every case Of the sale of
real estate, as provided in this act, the resi-
due of the proceeds, if any, remaining upon
the final settlement Of the accounts of the