The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1859-10-01
.4nblis6to bg9ntbortp.
THE CIVIL CODE
OF THE
II ISLANDS,.
Concluded.

IConcluded.l
Sec 1875. If the estate is sold for the mainten.
enee OF the ward and his family, as provided in sec
ton 1855, the guardian shall apply the proceeds Of the sale I'd
II any. on in;sres,. Or invess II ~ ,he ' bess manner fmn in his power
until the capital shall be wanted for the maintenance OF the
shss rurpose. a. ar . =. nav be neeesssIr' IN IIs manner a.
fk had been personal estate Of the ward
Sec. 1876. If the estate is sold, in order to put out
and invest the proceeds, as provided in section 1874,
the guardian shall make the investment according to his best
judgment, or Tn pursuance Of any order that may Q : maze re-
ktins thereto, by the court granting him the license to sell
See.1377. In every case of the sale of real estate,
as provided in this chapter, the residue OF the pro
eeeds. IL any, remaining upon the final settlement Of the ac,
the vsrd. and slaI be disposej Of amons the same persons and
in the same proportions, as he zeal estate would have been, II
tt had not been Sold
Sec. 1878. Such license, in either of the cases
aforesaid, may be granted by any Judge of the SUI
presDe Court Of Law and equity. or by any circuit judged OF the
island in which the estate intended to be sold lies but in cases
uhere the ward resides without This kingdom, such license shall
Be granted only by a judge OF the Supreme Cour; OF law and
equity. 49,
Sec 1879. In order to obtain such license, the
guardian shall present TO the court a petition, set
Sing forth the ,s condition Iii n 81 the e sst iaS,s sa t Iead fSs' to sS eonsu M
necessity or expectancy Of a sale and II AFTER a iui examina-
the court either that il is necessary. or that it would be for the
benefit Of the ward, that the real estate or any part Of IL should
in .hesher the sale Is 20 be made for the maintenance of the
ward and his family or in order that the proceeds may be put
cut anil invested IS Aforesaid
Sec. 1880. No such license shall be granted until
notice by public advertisement or otherwise, as the
court shall arier, shall have been given to the next Of kin Of ths
show cause why the same should no, be granted
Sec 1881. Every guardian licensed to sell real
estate rs aforesaid, shall, before the sale, give bond
% the judge granting the license with sufficient surety y sure,
lies, with condition to sell the same in the manner prescribed
by the juice, and to account for and dispose Of The proceeds Of
the sale, in the manner provided by law
Sec. 1857 Such guardian shall also, before fixing
on the time and place of sale, take and subscribe an
oath in Substances as fSiows: That in disPosins Of the estate
axinx on the time and place OF sale, and that he will exert his
Be most for the advantage Of all persons interested therein
Sec. 1888. He shall also give public notice of the
time and place Of sale, by causing notifications there
q % es pose: : = up ola u ne :. % and i Pn IL Be e on the is Siam Of Oahu, he
shah also cause a notice Of such sale To be published in the
Of sale
See. 1884. 4 copy of such notification certified by
the oath Of the guardian, or OF the person employed
probate, and fled in Ms oGce. within one year after the sale,
giving n0sics-
Sec 1885. No license granted in pursuance of this
chapter, shall be in force for more than one year
aner the time Of granting the sane
Sec 1886. When any minor. insane person, or
speudthrift. residing without the kingdom, shall be
put under guardianship In the country in which he resides, and
guardian may ale an authenticated copy Of his appointment, in
the saprenne Court Of Lw and equity, after which he may be
The ward, in any part Of this kingdom. in the same manner and
on the ..me terms and conditions IS are prescribed in this
chapter. in the case u n guardian appointed IN this kingdou,
excspsiny in the particulars hereinafter mentioned
SEC. 1881. Every foreign guardian, so licensed to
sell real estate, shall take and subscribe the oath re-
auIrrd In like case % guardians appointed IN this kingdom, and
shall give notice Il the time and place OF sale, and conduct the
same in the manner prescribed Tor guardians appointed here,
and MAY perpetuass she evidence Of the notice IN 'he came
Sec. 1883. All the proceedings required to be had
in any probate court In this kingdom, respecting
saeh sale 6y a foreign guardian, shall be had in the Supreme
Coun Of Law and equity
Sec. 1889. Upon every such sale by a foreign
4 4 -un,A tIar
u as may remain upon the final settlement Of the guardianship,
shall b. considered as real estate Of the ward. and shall be dis
been accordins % the laws Of this kingdom, if it had not been
sold and the foreign guardian shall in every case, before
to The Judge granting The license to sell, will condition to ac-
count fer and dispose Of the same accordingly.
Sec 1890. If any person shall appear and object
70 the granting of any license, prayed for under the
provisions OF This chapter, and If it shall appear to the court or
Judge, tina. either the petition, or the objection thereto, is I'M
party prevailing in the case
Sec. 1891. No action for the recovery of any
estate, sold by q guardian understhe provisions of
son claiming under hn, unless it be commenced within five
years next zftsr The examination Of the guardianship and no
-obi as aforesaid, with 2xiew to avoid the sale. after the expira-
he kipasson. and miners and others under any legal disability
70 sue al the time when the right of action or Of entry shall first
.ccru-, may commence their action or make their entry, at any
time within five years aner the removal Of the disability, or
after their return to this Kingdom
See. 1892 In case Of an action relating to any
,h- eSsnser in rbic6 the ward. or any person Gaining under
him shah contest the validity Of the sale, the same shall not be
ssesi~i on sccounr.of any nrsgukaHy a te proceedings, pro
yiiezi il shall appear
Hs- Ia. ms -
Judge OF eonperSnL J1rssnfrion-
Seco1lly, That he gave a eopd, vnicn vas appfosea by the
judge Of probate, In case any bond were requirei oy ne court,
upon granting Tie lcsise.
rhiriy- Inst ne took the oath Pssserioed IN ms ehap.er-
foef4i5, A-Ys
ffshy, Instuae pn-mises III sSootobsS " PuDue
suctioa- and are he'd ~ oSe VINO purchaser men :" e""u iAien-
Sec. 1893. III in relation to such sale, there should
~ rasrit.e' by which any person Interested in the estate hail
sufer damage, such asgrevei party may recover compensation
therefor, Ia Druir on the guardianship bond, or otnerSise, Is
chs case may require
Sec 1874 IL the validity OF any SAFE, MADE oy
guardian under the provisions Oh ms chapter, snail
he drawn in q1<stsoa py any person cannine WIS
title u the sarl, OF el-nnl1s nas. = NJ - =. ia v"ai ea
acc unt o. any IfeB11l1J ~ Us :. ~
me o. eomp-s-nl jurisisciion, ad that he did accordingly
execute aud arsno~kdse, in legal form, n deed for The convey