The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1859-10-01

by a vote of three sourths Of the members or stockhoader., % dis
solve and disincorporate the corporation, wn,cn 8 sneS %ee sdn9'
The minister shall enter such petition and certificate of recordin
his s 0aScs sn and AZ 4 s s,s5y MANNER aass &I as he $ shah deem most edsctuai,
shall proceed to consider the same and md wnen ;. "a r - 'n arainst
the corporation ara discharged, shall declare such corporation
dissolved.
auy corporation, or upon its dissolution by expiration
Of its charter. or otherwise, unless other persons SHAH De appoum,
court Of Competent authority. the directors or MANAGERS OF the
corporation, by whatever name known IN law, shan De III, ISL ,hs
affairs of the corporation. Under the name OF trustees Oh sueh
corporation, they may by suit or Otherwise nv : s,o.S e holders s the p MONEYS es
and other properties that shall remain after payment Of the debts
al M i,h eee 10 ny eSst and to the stockholders to the extent of
the corporation property which shall come into their hands (
Sec. 1441. Every corporation not eleemosynary,
religious, literary or educational. shall annually
present a full and accurate exhibit of the state OF its AFFAIRS; 70
the Minister of the Interior, at such times as the minister shall
hx m O moSe eommissioners appointed by him. to call for the
production Of the books and papers d. me corpolauon au 10
examine its officers, members, and others touching its affairs.
under oath. The annual reports above mentioned, and the results
of such examination, the m minister omd may niso IN publish hi In case any
such corporation shall refuse to produce It's DOCKS ana PaPeiS'
sipners appointed by him, OF in case any of the officers or mem
hers Of such corporation, shall refuse to be examined on oar,
touching the affairs of the corporation, then the Minister OF the
Interior, or the commissioners, may apply to the court OF chan
Gerry for an order to compel the production OF the books ana pa
pers, or the examination OF such officers r mem.ers ,, "a COZ,
poration, obedience TO which order may be enforced by SAID
court. in like manner wiz its ofulnary uecrees aHu uei
Sec. l442. The Minister of the Interior shall have
full power. subject to she provisions and conditions
OF this chapter, in his discretion, by and with the advice and
consent of the King in Pinvy Council; to grant charters Moor ur-
poses. and for cemetery associations, as well as TO charter otter
tanrina and municinal corporations alone excepted, which shall
be chartered only by the Legislature.
Sec. I443. The Minister of the Interior, with the
consent of the King in Privy Council, shall also nave
power on the expiration Of any charter, to renew the same, on
application to him for that purpose by two-thirds OF the stock
holders of such company, and a satisfactory explanation to him
of the state Of its affairs.
Sec. I444. Nothing in this chapter contained shall
be construed to authorize the Minister OF the Interior,
"a before provided. without the authority of the Legislature, to
a longer term than five years, of any business or occupationi nor
NAV he grant perpetual charters, without such authority, to any
corporations. except to those for elecmosynary, literary, educa-
tionai or ecclesiastical purposes, or for cemetery associations
Sec. I445. A plication to the Minister of the lnte-
rior for any charter of incorporation, shall he made
by written petition, accompanied by proofs Tat three-iourthso OF
the shares have been subscribed for; and in the case 81 joint
fIed at the same tim. in the Office of the minister. a certificate,
setting forth the location of the proposed company; the object OF
the incarceration. the amount Of stock proposed, and, II the
privilege Of subsequent extension of the capital stock is asked
for, the limit ,he q s;m aea a; sSsea winch n Is p io organize; whether the
liability of stockholders is proposed to be limited to the amount
mart Of the capital stock is to be paid in before commencing
operations, and if part, what part
Sec. l446. The shares of the several members in
the stock of any incorporated company. whether
owning real estate or otherwise, shall be deemed in Flaw, personal
CHAPTER XXXIL-OF THE DESCENT OF PRO-
PERTY, BOTH REAL AND
Sec. 1447. Whenever any person shall die intestate,
within this kingom, his property both real and per-
sonal. OF every kind and description, shall descend to and be
divided among his heirs. as hereinafter prescribed
Sec. 144S. The property shall be divided equally
among the intestate's children, and the issue of any
child by right of representation, and ifthere IL no child
of the iniestate living at his death, his estate shall descend 10
all his other lneal descendants ard If all the sad desesndan5s
are in the same degree of kindred to the intestate' they snah
share the estate per capita, that Is equally otherwise tney
a share. and the grand children, the Children of adeceased child
taking n share, TO be afterwards divided among themselves;
daughter. then the estate will be divided equally between the
three children, they being all of one degree Of kindred to the
grandchiIdren. then the estate will be equally divided between
- re- thew being ALI Of one degree Of kindred to the in
children Of his deceased child E, then 2 will inherit one half OF
the estate. and X and I will take the other half between them,
that being the share to which their father L would have been
entitled had he been living:
If the intes;ate shall leave no issue, his estate shall descend
half to his widow, and the other half to his father and mother
as tenants in common and fhe leave no widow, nor issue, the
whole shall descend to his father ana mother, o n 10 enheF o'
them if only one he alive:
shall descend one half to his widow and the other ha, o ms
brothers and sisters, and to the children of any deceased brot er
or sister by right of representation:
If he shall leave no issue, nor father or mother, ana d nro,her
or sister, his estate shall descend one half to his widow, If any,
and to their children and heirs by right Of representation and
if he leave no widow. then such collateral heirs shall inherit the
whole estate ; provided, always, that if the estate come through
either parent, the brothers and sisters of that parent shall be
preferred. to the others:
but a widow, then she shall inherit all his estate and II the
intestate be a woman, and leave no kindred but her husbahn,
then he shall inherit all her estate.
Sec. I449. If the intestate shall die leavings everal
children, or leaving one child, and the issue OF one or
and not have been married' an u estate ~ came 70 ue uI1
deceased child ~ inheritance from such deceased parent shall
and to the issue Of any such other deceased children, who shall
have died, by right Of representation:
Sec. 1850. If at the death of such child who shall
die under age, and not having been married, all the
other chiIeien OF his said parent shall be also dead and any of
inheritance from his said parent. shall descend to all the issue
of the other children Of the same parent: and II III the said
shall share the said estate equally otherwise they shall take
according to the right Of representation.
Sec. l451. If the intestate leave no kindred, his
estate shall escheat to the Hawaiian Government.
Sec. 1852. Every illegitimate child shall be con-
sidered as an heir to his mother, and shall inherit
her estate. in whole or in part as the case may be, in Ike man.
ner as if he had been born in lawful ~ediock-
Sec. 1853. If any Legitimate, person shall die in
testate, without leaving lawfulsissue or n widow, his
estate shall descend to his mother but IL he leave n widow, she
shall inheri. one half, and his mother the other half, and If his
take the whole ; otherwise, his estate shall escheat to the Ha-
waian Government
Sec. 1854. The kindred of the half blood shall in
herit equally with those of the whole blood in the
same degree provided, however, that where the inheritance
his ancestors, all those who are not of the blood of such ancestor.
shall b excluded from such inheritance.
Sec. 1855. When any part of the property left by
the intestate consists Of real estate, and the same is
to be divided among several children, then the eldest child may,
after the property has been duly appraised by court Of probate,
elect to pay To the others the amount Of their shares in money,
in order that the land may not be divided and the same rule
shall apply where a part Of the claimants are the children and
the rest are the issue Of deceased children Of the interstate.
Sec. 1855. Posthumous children shall, in all cases,
inherit the same as if they had been born during
their fathers lifetime.
Sec. 1857. If any child Of an intestate shall have
been advanced by him, by settlement or portion of
real or personal estate. or Of both of them, the value thereof
shall be reckoned for the purposes Of this section only, as part
OF the real and personal estate Of such intestate, descendible to
his heirs, and to be distributed to his next Of kin, according to
law. And II such advancement be equal or superior TO the
amount or share which such child would be entitled To receive,
Of the real and personal estate OF the deceased, as aboye reckon
ed, then such child ana his descendants shall be excluded
from any share in the real and personal estateof the intestate-
Sec. 1853. But if such advancement be not equal
to such share, such child and his descendants shall
be entitled 10 receive so much only, Of the personal estate, and
to inherit so much only OF the real estate Of the in:estate, as shall
he sufficient to make all the shares Of the children, in such real
and personal estate and advancement, to be equal as near as
can be estimated.
Sec. 1859. The value of any real or personal estate