The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1859-09-28

.aSc%sr. 70 Law. snd for the best interest Of the ward, ana
r m,s ! . the custody, education and maintenance Of the xsfd !:
Thirdly, To render an account, on oath, o. tne pf9 rs Nm |" and nd
n % the msnaremeut and disposition OF all such property, within
one year after his APP appointment ana ana ! u' 0'A@' '~'
Fourthiy, At the expiration Of his trust. to - settle us h hnsaI =
s Snn + al and to to pay over and deliver all the estate and effects
the nerson o r persons who shall be lawfully entitled thereto
Sec. 1347. Every father may, by his last VIII IN
writing, appoint a guardian or guardians TOT any u
his children, whether born sn.; a. the ne thine minority 2 Of the child. or for
any less time. and every such testamentary saat ; u iuh rerard
the same powers, and shall perform the same duties, viii auea au
to the person and the estate Of the ward as a guardian AP-
pointed by the judge of probate.
Sec. I34S. Every such testamentary guardian snail
give a bond in like manner, and with like conditlon,
as Is before required of a guardian appointed by "a uus "a
prop gna,d RaUs" shall far ordered or requested that such bond
shall not be given, the bond shall not be required, unless o~ 20 az
other sufficient cause, the judge of probate shah mink proper "
require it.
Sec. 1349. Nothing contained in this chapter shall
impair or affect the power of any judge ofthe supreme
Court. or Circuit Court, to appoint alb guardian to de1na Z in
anv snit r. matter there pending, nor their power to appoint or
allow any person as next friend for a minor 10 connen'e'
prosecute, or defend any suit in his behalf.
Coo 1880 When the relations or friends of any
insane person shall apply to any of the judges herein
before mentioned, to have guardian apPo POI sunn ,%s num- insane .ne
person. of the time and place appointed for hearing the case,
in question is incapable of taking care OF himself, the Jaage
shall appoint a guardian na 81 nus person u aes'A'e WIN 'r !"
Sec. 1851. Every gurdian 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 bond o
the judge appointing him., in like INA manner H. ana 70 w sha Guardian n II
Of minor, excepting that the provision reiauhg 10 70 "a boe du'A'
Sec. 1852. When any person by excessive drinking,
gaming, idleness, or debauchery OF any KIND, snail
50 spend, waste, or lessen his estate, as to expose himself or ms
q a Complaint to any Of the Of the judges hereinbefore mentioned,
setting forth the facts and circumstances fthe case, and praying
to have a guardian appointed for him.
Sec. 1853. 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 il, after a full hearing, 1t
shall appear to the judge that the person complained OF comes
within the description contained in section 1852, he shall appoint
a guardian of his person and estate, with the powers and duties
hereinafter specified.
Sec. 1854. 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
s ma aner sncb filing of the complaint in the registry of
conveyances. and before the termination of the guardianship,
shall be null and void:
Sec. 1855. When a guardian shall be appointed for
an insane rerson, or spendtarift, the judge shall MIKE
an allowance to be paid by the guardian, for all reasonable ex-
penses incurred by the ward in defending himself against the
complaint.
Sec. 1856. Every guardian, so appointed for a
spendtbrift. shall have the care and custody of the
person of the ward, and the management of all his estate, until
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.
Sec. 1857. Every guardian appointed under the
provisions of this chapter, whether for a minor or
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 appr1panon o. any o n Judges ne Re ~ Or IS spG Tabsen
upon receiving a fair and just dividend of his estate and effects,
and proceedings, unless where another person is appointed for
that purpose, as guardian o r next friend
Sec. 1858. 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.
the ward and his family, II there be any and If the income and
profits shall be insufficient for that purpose. the guardian may
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.
Sec. 1859. The guardian may join in and assent to
a partition of the real estate of the ward, either upon
set ! Pe out dow ws P in the said a estate esass TO any w widow D ensii,, eds't tberat =
either against or in favor Of his ward.
y Sec. 1860. Upon the taking of any inventory,
uQuired by this chapter, the estate and effects COM
pdsed therein shall be appraised by 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.
Sec. 1861. When any guardian appointed either
by n testator or by any Of the judges hereinbefore
mentioned, shall become insane or otherwise incapable of dis
charging 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,
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
Sec. 1862. The marriage of any female who is under
guardianship as a minor, shall operate as a legal
person., o s Tr may be discharged by ;" any ny judse Of
probate. when it shall appear to him, on the application of the
Sec. 1868. Any court of probate may require a new
bond to be given by any guardian, and may dis
such court may deem it proper so to do.
Sec. 1864. 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.
Sec. 1865. No action shall be maintained against
the sureties in any bond, given by guardian, unless
1t Un , e ao%n snnf he Si.sim aeSr S gsaTs IRON that th if a. ame t,s when hen. the
such discharge, the person entitled to bring such action shall be
out of the kingdom, the action may be commenced ut any time
within four years after his return to the kingdom.
Sec. 1866. Upon complaint made to a Judge of
probate by any guardian, or by the ward, or by any
persons having claims thereto in expectancy as heir or otherwise.
against any one suspected of having concealed, embezzled, or
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, Oh enbezzling, the effects of a
deceased testator or intestate.
Sec 1867. When any minor, or other person liable
to be put under guardianship, according to the
provisions of this chapter, shall reside without This Kingdom,
and shall have any estate therein, any friend of such person, or
apply to any judge of the Supreme Conrt of law and equity,
and after notice to all persons interested, to be given in such a
manner a the Judge shall order, and after a full hearing and
examination, III shall appear to him proper, he may appoints
guardian for such absent person.
Sec. 1868. Every guardian appointed according to
the provisions of the last preceding section, shall have
the same powers and duties, with respect to any estate of the
ward. that shall be found within the 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.
under this chapter.
Sec. 1869. Every such guardian shall give bond to
the judge appointing him, in like manner and with
the like conditions, as is above provided with respect to other
excepting that the provisions respecting the inven-
tory, 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 respecting the custody Of the ward, shall not be appi-
cable, unless the ward shall come to reside within this Kingdom.
Sec. 1870. Every guardian shall be allowed the
amount of all his reasonable expenses, incurred in
the execution of his trust, and he shall also have such compen-
sauon for his services, as the courtSin which his accounts are
settled, shall consider to be just an4y 4asonable.
Sec. 1871. When an account is rendered nv two or