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THE

CIVIL CODE

OF THE

HAWAIIAN ISLANDS,

PASSED IN THE YEAR OF OUR LORD

1859:

TO WHICH IS ADDED

AN APPENDIX,

CONTAINING

LAWS NOT EXPRESSLY REPEALED BY THE CIVIL
CODE; THE SESSION LAWS OF 1858-9; AND

TREATIES WITH FOREIGN NATIONS.

PUBLISHED BY AUTHORITY.

HONOLULU:
PRINTED FOR THE GOVERNMENT.

1859.

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(7

UAPVABO COLLEGE LIBRARY

THE ESTATE OF

E BOND
T 2, 1935

PREFACE.

The following Joint Resolution was passed by the Legislature in the year 1856, to provide for the codification and revision of the existing laws, (except the Penal Code of 1850,) which were defective in many particulars, and inconvenient of reference on account of their being scattered through many separate volumes, and from the numerous alterations which had been made in them from time to time, since the passage of the Organic Acts of 1845-6.

JOINT RESOLUTION. “RESOLVED, That whereas, it is desirable to codify our existing laws, His Royal Highness, Prince Kamehameha, the Honorable W. L. Lee, Chief Justice, and the Honorable George M. Robertson, Associate Judge of the Supreme Court, are appointed a committee to prepare a complete Civil Code, adding notes with reference to important decisions of court under the laws, wherever they may think necessary, and to report the same for the sanction of the Legislature of 1858, with an appropriate index for facility of reference.”

In pursuance of this resolution, the work of preparing the Civil Code was commenced, soon after the adjournment of the Legislature in 1856, but was much retarded by the illness and death of Chief Justice Lee. The Honorable E. H. Allen having been appointed to fill the vacancy in the codifying commission, the draft of the New Code was nearly completed when the Legislature met in June, 1858. The commissioners having reported, the Legislature appointed a Joint Special Committee, consisting of five members from each House, to whom was referred the proposed Code, with instructions to report thereon at an adjourned session, to commence on the first Monday of December following. The work was thoroughly examined by the Joint Committee, and afterwards discussed at length in the Legislature, where many alterations were made in the original draft. The Code, as now published, was finally passed by both Houses on the 2d, and received the Royal Assent on the 17th day of May, 1859.

In accordance with a Joint Resolution of the Legislature, the undersigned were appointed by the Minister of the Interior to compare the Hawaiian and

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