Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864, 1851-09-20

manner provided by law.
SECTION Al. Such guardian shall also. be-
fore fixing on the time and place of sale,
take and subscribe an oath in substance as
follows that in disposing of the estate which
he is licensed to sell, he. will use his bes,
judgment, in fixing on the time and place of
sale, and that he will exert his utmost endeav-
ors to dispose of the same, in such manner as
will be most for the advantage of all persons
interested therein.
SECTION AZ. He shall also give public no
tice of the time and place of sale, by causing
notifications thereof to be posted up in the
most public places, on the island where the
estate to be sold is, and if it be on the island
OF Oahu, he shall cause a notice ofsuch sale
to be published in the Polynesian newspaper,
at least fourteen days previous to the day Of
Tsale.
SECTION 43. A copy of such notification
certified by the oath of the guardian, or of
the person employed by him to give such no.
tice, being made before any judge ofprobate.
and filed in his Office, within one year after
the sale, shall be admitted as evidence of
the time, place and manner of giving no
tce.
SECTION A. No license granted in pursu-
ance with this act, shall be in force for more
than one year after the time Of granting the
same.
SECTION As. When any minor, insane
person, or spendthrift, residing without this
kingdom, shall be put under guardianship, in
the country in which he resides, and shall
have no guardian appointed in this kingdom,
the foreign guardian may file an authenti-
Gated copy of his appointment, in the superb
, or court oflaw and equity, after which he may
be licensed by any Judge of the said court,
to sell the real estate of the ward in any part
of this kingdom, in the same manner and on
the same terms and conditions, as are pre-
scribed in this act, in the case of a guardian
appointed in this kingdom, excepting, in the
particulars hereinafter mentioned.
SECTION 46. Every foreign guardian, so
licensed to sell real estate, shall take and
subscribe the oath, required in the like case
of guardians appointed in this kingdom, and
shall give notice Of the time and place Of
sale, and conduct the same, in the manner
prescribed for guardians appointed here, and
perpetuate the evidence of the notice in the
same manner.
/ SECTION AZ. All the proceedings required
to be had in any probate court in this king
dom, respecting such sale by a foreign
guardian, shall be had in the superior court
oflaw and equity.
SECTION As. Upon every such sale by a
foreign guardian, the proceeds Of the sale,
or as much thereof as may remain upon the
settlement of the accounts of the guardian
ship, shall be considered as real estate ofthe
ward, and shall be disposed Of among the
same persons, and in the same proportions,
as the real estate would have been, accord
ing to the laws of this kingdom. if it had not
been sold and the foreign guardian shall in
every case. before making the sale, give
bond. with such sufficient surety or sureties,
to the Judge granting the license to sell, with
condition to account for and dispose of Tho
same accordingly.
SECTION 49. If any person shall appear
and object to the granting of any license
prayed for under the provisions of this act,
and if it shall appear to the court or Judge,
that either the petition, or the objection there
to, is unreasonable, they may in their discre
ton, award costs for the party prevailing in
the case.
SECTION so. No action, for the recovery
Of any estate, sold by guardian under the
provisions of this act, shall be maintained
| by the ward, or by any person claiming un-
der him, unless it be commenced within five
years next after the termination Of the guar
dianship; and no entry shall be made, unless
BY judg1 ent of law upon any lands sold as
aforesaid, with view to avoid the sale,
after the expiration of the said five years;
excepting only, that persons out of the state,
and minors, and others under any legal disa-
bility to sue at the timewhen the right of action
or of entry shall first acrue, may commence
their action or make their entry. at any
time within FIVE years after the removal of
the disability, or after their return TO this
kingdom.
SECTION ST. In case of an action relating
to any estate, sold by guardian under the
provisions OF this chapter, in which the ward,
| or any person claiming under him, shall con-
test the validity Of the sale, the same shall
not be avoided on account Of any irregularity
ia the proceedings, provided it shall appear;
First, that the guardian was licensed To-
make the sale. BY judge Of competent jpris-
ssecopdly; tl.t he gave bond. which vas
lsppcSye the judge of probate, in case
ekl we're inquired hy The court, upon
Iera6lin6 she lieepse. y E IS
Thirdly dat he tecl oatl bed
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