The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1859-09-28
4nbls5to bg9utgoritp.
I'll CIVIL CODE
OF THE
lContinued.1
CHAPTER xxvL-OF THE EXECUTIVE
EXTRA-JUDICIAL OFFICERS.
Arr u-Of the Registrar of Conreyanees-His
Uu les, sc.

Sec. 1249. There shall be q bureau in the depart
ment Of the Interior, to be called the Bureau oil
sasoa Of The Niaiser Of he Interior, some suitable person I,
sapsrtntend Bureau, under the direction Of said minister, who
shall BE styled the ~Registrar Of Conyeyances," and hold his
sGce ~ the pleasure Of the King.
Sec. 1850. Said Registrar shall take an oath faith.
rally 70 dls char; 3 the duties au.sss,, Of f m, : ot hnoes, and n In he n shall
abond In the penalty ofst least one thousand dollars, condi-
sSsrss for .sy damage !. losses. or Injuries sustained By reason
q h. neElissnes, e.seisssnsss or misoondsc. in once, .. BY
sc1tins.
See 1851. The said Registrar shall be entitled to
demand and receive the following fees. viz:
I For the registry Of any deed, lease. portease. or other
record, any cents for one hundred words;
2 For taking any acknowledgment preparatory to registry,
g. For every copy Of any instrument recorded in his office,
authenticated by his seal Of Office, fny cents for one hundred
4. For searching the records, and giving the certificate re-
which fees shall belong. and are hereby appropriate to the
sid Registrar, IS his exclusive Perquisites of Office
Sec. 1852 The said Registrar shall, under the
direction Of the Minister of the Interior, appoint a
deputy, for whose Official acts he shall be responsible, and whose
appointment he shall cause to be announced in the Government
o(Conveyances. during the absence Of the Registrar, or in case
ola Vacancy in that Office
Sec. 1858. The said Registrar may. under the
direction Of the Minister of the Interior, appoint
suisahae persons, throughout the kingdom, as agents for taking
and certifying the acknowledgment Of instruments to be re
Sec 1854 1t shall not be lawful to record any
conveyance, or other instrument required by law to
be stamped, unless the same shall have been prs-iously i'm
pressed with the Royal stamp, as provided in section a.
SEQ 1856. To entitle any conveyance, or other
instrument to be recorded, it shall be acknowledged
~ the party or parties executing the same, before the Registrar
or notary public Of this Kingdom, or before some minister, COM
missioner or consul Of the Hawaiian Islands, r some notary
But il any party to an instrument executed within this kingdom
EDGED his deed, or shall refuse to ackrowIedge it, the deed may
be entered Of record on proof Of its execution by a subscribing
-2--. sA.-<n k-fr. an~ rlr ID q coT-f nj raCor1 IN n
kinxdon' II ali the subscribing Witnesses to such conveyance
r Other in-trumeut shall be dead or out Of the kingdom. the
ssn em NV b b proged before any court Of record in this Kingdom.
By proving the handwriting Of the grantor and any subscribing
Sec. 1856. 1t shall not be lawful to enter of record
any release Of dover in lands or other property,
signed by an untivorced wife, without her previous Acknowledge
some odbcrr authorized to receive such acknowledgment, sfart
from her husband. that she had signed such release without
eonpuisior, fear or constraint from her husband
Sec 1851. Every officer who shall take the ac-
knowledgment or proof Of any instrument, shall
and IL cases Of proof give the names Of the witnesses examined
before him, their places Of residence. and the substance of the
evidence BY them given
Sec. 1858. Every conveyance, or other instrument
stamped ana acknowledge or proved. and certified in
the manner hereinbstore Preseribed. by any o. the officer: before
and shall be entitled to b recorded
Sec. 1859. The record of an instrument duly re-
corded, or . transcript thereof, duly certified, may
original instrument Neither the certificate Of acknowledgement,
n< the proof o. any instrument, shall be conclusive, bot may be
o3t&1 e~3 ~ ~ ~ tuc-t -A-fSoH Ao y Ne0 ~
any party affected thereby. II the party contesting the proof Of
A ,n,;san a shall make il appear that such proof was t taken
Nh 49, ,ns, soa9s es,.b Iss = h. Ts esbsr e sne5sst sn n1oa ? rece'Sed In
Sec. 1850. Every instrument entitled by law to be
recorded, shall be recorded in the order, and - Of
cbs time when the same shall be delivered to the Registrar for
Sec. 1261- 1t shall be the duty of the Registrar Of
Conveyances to make an entire literal copy of all
iustrumenfs required TO be recorded in his Office, in books suita-
be for that purpose, which shall be provided by the Minister Of
sh< Insed0r. ana At he foot Of said copy certify its eOrre-pond-
sxfenor, o. endorse upon said recorded instrument, the date Of
n rssis1y the book in hi. once in which, and the page of said
Sec 1852 All deeds, leases for a term of more than
one year, or other conveyances Of real estate within
thn finsdon, shah be recorded in the Office Of the Registrar of
b void a. against any subsequent urchaser.i in good faith and
eenvsyasee, Of tbe sane real estate, or any portion thereof,
whosr conveyance shall be arst duly recorded.
See. 1868. All mortgages Of chattel property, in
dentures Of apprenticeship, articles of marriage set
fenent, powers Of attorney for the transfer of real estate within
sss . ,sss'ss and an r. ssrJsaf 10 :ss Of aS sSsp = H. ;saL, in 0s r. c to
veyzncea, in default Of which no such instrument shall be bind
iag to The deenneni Of third parties. or conclusive upon their
Sec. 1854. The Registrar of Conveyances shall,
when applet to therefor. furnish an attested copy of
- rive eerlineaies Q: searrh Or ncumbrance or Of any fact ap.
pssrins upon his records, upon being paid the fees hereinbefore
Sec 1865. All records Of instruments made in the
ONCE Of the Registrar Of Conveyances, anterior to the
tenth day Of July, A D. 1850. whether in the book required by
law or Otherwise, shall be deemed to have been duly recorded
Ana. LH-0 JNotaries Public.
Sec. 1866. There shall be appointed by the King
Minister Of the Interior, one or more sritabe persons in each Of
she gubenarsriai divisions Of the kingdom, to be nOtaries public,
a1 20 bold once rs such during His Msjesty's pleasure.
Sec 1851. No person who is not a subject of this
kingdom shall be eligible to the office of notary pub
Ne add every person appointed to that Office shall, before en-.
disehArze q his duties. which oath shall be filed in the Department
Sec 1868. Every notary public shall constantly
keep . seal of office, vhereon shall be engraven his
name. . d the words "notary public" ana "Hawaiian
Sec. 1863 II shall be his duty, when requested, to
enter on record all losses or damages, sustained, or
sgyrhsnasd, By SEA or land, and also all averages, and such
and cause protest thereof to be made, duly and formally.
Sec. 1870. All facts. extracts from documents, and
circumstances, 50 noted. shall be signed and sworn
a. By all the persons appearing to protest and he shall note,
e.ssod and record the protest 50 mad: and shah gran,
81, to those Who reqzest and pay for the same He shah also
IN bshaif of any person Interested, present any bin Of exchange,
party. On whom the same Is drawn, or who may be liable there
pspsr sosdh he may, in general, do ali the acts 70 be done By
noszs5@ public by the usage. Of merchants, or which are author
i.d By The laws Of this kingdom.
So It'll The protest of any foreign or inland
bill OF exchange, or promissory note or order. duly
estided By any sosary public. uDier his hand andpficiaI seal,
he same, AMI also As to the notice given to the drawer or en-
dos<r, in any court Of law
Sec 1872 Whenever any promissory note. bill of
exchange, draft or order for the payment Of money, |
Daysbh - future day, or st sight, and not on demand, shall
800 payable in this hariom, The maker Of ay such note,
49, soeeper q any such bill Of exchange, tespectivey.
Ill - mfi1o1 toa grace Of three days, unless Ne third day
nnDpeu % Be Sunday. % . day ofpubIic fast or Thanksgiving APP
1nnsed y tire King IN which excepted cases, a grace Of two
1nUs Only, sh.u be allowed
Sc. l273. Every notary public shall record at
knRfh IN . book Of records, all acts, protests, depo- |
$1,000 o<ber things BY him noted OF done in his ohcisI
: nDd all copies or certificates, by him granted. shall
: un63 NJ hand and notarial seal, and shall be received as
v16nsD = qch n.nsacion-
- liza On the resignation, removal from Office,
? dad. of any notary public, his records shall be
5000 ~ ~ cierk q the nearest court Of record TO the
~ whD y o0ce vas situated and BY . neglect for three
- q &ulv Vim ne aboye rquisifion. such notary, his |
upusr 9 o1mtnDs1for, shall forfeit not less than my, nor
~ a. ave han1E6 dolan, In the discretion Of the court
So. 127k An Erfitures under the last preceding
sstiou - b ~ ha1f % the Government, and the
M kaH 70 IN ~ sna1 - hr the same
ssa 1276 Es.y14eesyp ablic shall be entitled to