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TGE OITIL CODE
'"- ? r or THR
The jusdc Bh&U make an order to the
Marshal, or the Sheriff, as the case may be, reqair
!' J' aasigw to the ass'jroeea thus chosen, all the proprr;y
" bankrupt - whatever name, kind or nature, ami such as
Sttneee ahaU dispose of the same by puMic or prirate sale, aa
w tnent may Ktm best for the intereat of all concerned. The
aastgneea aisall jrie such security fur the faithful performance
v of their trust aa thejuxiee ahaU dwii sufficient-
a ! . . .
. . es. vio. u anj assignee die, or become lncapaci
from anj cause, to perform the duties of an as
signee, the joatice shall, upon the petition of any party interest
ed appoint tnorc other person to fill bis place.
Sec 976. The assignee shall, within ' one month
after receiving possession of the bankra pt's estate
! report with the clerk of the Supreme Court, showing the
1 . . . . . . . . . . . . . . .
uxnuvn wh wru w me estate, ana saau rentier a casa ac
coaot of the estate to said ckrk, at the end of erery succeeding
- stvwith. and shall invest and dispose of soch moneys in the pay
aarat of dividends, in such manner aa the justice may direct.
There shall be ooe or more dividend or payments, not exceed
hnf three, to creditors in proportion to their debts, without any
priority or preferencw whataoerer, at soch times as the justice
may aamet provided, however, that all debts doe or owing by
. an bankrupt to the Hawaiian Ooverirnwnt shall, beftire any
- dividend is made to the other creditors, be first paid iu full, and
' . that t' e third or final diTidend shall be made within eighteen
whs from the date of the assignment, unless in the opinion
of the justice, a Just settl mrnt of the bankrupt's estate shall no
jruire the Urns far making the final dirideod to be extended, in
which case ha shall hare power to extend the same.
See. 977. The assignees shall bare full power to
ante for and collect debts due to the bankrupt, in their
earn name. Tbey may also brine any other suit in their own
name, which baa for iu object the recovery of any portion of
the bankrupt's estate.
: Sec 978. The bankrupt shall be di rested of all his
title and interest in his property from the day of his
failure, (except the necessary clothing of himself and family, and
sneh other necessaries, not to exceed the raine of three hundred
dollars, as the justice may designate) and every assignment.
ennrey ance or transfer of hi property, by bun. after he shall
no notice of rock insolvency or bankrnpety, shall be void, and
- the srafisitj a transferred may be recovered and disposed of
by the assignees tor the benefit of the creditors.
See. 979. All executions, or attachments, laid npon
any person's property after he shall hare committed
an act of bankruptcy, shall be void.
- Sec. 9SQ. From the time any person entitled to the
benefit of this law has declared bimselfa bankrupt,
or from the filing of any petition by any creditor, or creditors,
to have him declared a bankrupt, all civil suits dending
against him shall be saspended : !tvided, nevertheless, that
sneh bankrupt may be arrested and imprisoned as a fraudulent
debtor, by order of any justice nf the Siprrme Court, upon tiie
ssmld. petition of any of his creditors, setting fifth sufficient
cause fur inch arrest and imprisonment. -
- See. 981. If the property of a person declaring
himself a bankrupt, or proceeded against as a bank
rapt, be of a perishable natare, the justice may, upon the appli
cation of a y party interested, setting forth such tact under
onto, order the same, at any time before the appointment of as-
signets, to be sold at auction, and the money to be deposited in
the public treasury to await the order of the court.
See. 9S2L Daring the pendency of any proceedings
against a person charged with bankruptcy, and until
the justice has decided whether he has committed bankrupcty
or not, the jastice shall make allowance to him for his own sup
port and tliat of his family, if he has ooe : provided, thaw soch
allowance shall not exceed the rate of three hundred dollars per
annum, if a single man, or the rate of fire hundred dollars per .
wncim, if a man of family.
See. 983. Every person who, npon finding himself
insolvent, shall declare himself a bankrupt, or may
have been adjadged a ban it raj on petition, as provided in this
article, and who shall surrender, discover, and deliver over to
the assignee chosen by his credit-, all his property, personal
and real, shall with-the consent of a majority of Lis creditors in
ratoe and somber within this kingdom, b-- entitled to a certifi
rate of discharge of an his debts, to be given him by the Chief
. Justice of the Supreme Court : provided, however, that no such
nirar (mud aa a parcuer, T'OO. contractor. iuuurxTt acceptor or
surety for or with the debtor.
Sea 984. Every debtor, prior to obtaining his cer
tificate of discharge, shall take the following oath,
via. r -
I, , do solemnly swear that I have, according to the
best of my knowledge and belief, delivered over and made a
(all and just, true and perfect discovery of all the property to
me in any way belonging, and all such debts as are to meowing
or to any person in tiuM fur me ; and that I have co money,
mods or other estate, real or personal, beside that which I have
arrendered to the assignees and that I have not directly or
indirectly, sold, disposed of, or cnoceaied any part of my proper-
ty, to secure the same to myself, or tojveeive any profit or ad
vantage therefmet, or to defraud or deceive any creditor to
whom. I am indented in anywise whatsoever : bo help me God.
See. 985. The debtor, if afterwards sued for any of
his debts, shall have no benefit of the said discharge,
" bftt judgment shall be rendered against him tor the amount that
shall tbea appear to be due, if the plaintiff shall prove any of
lbs J lowing facta, to wit :
first. That the debtor has made any gift to, or contract witl
or given ar.y seeoriry to any of his creditors, to obtain his or
their consent to bis certificate of discharge.
- - Secondly. That be had fraudenUy coooee, reserved or dis
posed of any of his property.
Thirdly. That he did knowingly and willfully make any faUe
statement, IB any discimrare made to or for his creditors, con
cerning the amount or disposition of his property : or,
fourthly. That he did at any time. In eontemplatioo of hank-
raptcr, aa fa this artiele provided tor, voluntarily make any
l-eymcnt or any transfer or eonveyaneo f his property, with a
view to give to any creditor or to any endorser or surety for
the debtor, a preference or advantage over his other creditors. ,
See. 08C. The justice shall hare the power, after
Lankranter declared, to examine any bankrnDt un-
Uer oath touching his estate, his acts and doings, his property
and right af property, which In the judgment of the court are
necessary and proper for the purposes of justice, and in case be
refuse to answer him, to commit him to prison until he consents
' Sec. 987. If any bankrupt shall refuse to deliver
cr surrender np to the assignees chosen by his cred
itors, as sA-resaid, any of his effects, books or papers, the just
ice may. vpnn the petition nf the aMirnees, commit him to
prUon nirtil he makes soch delivery or surrender.
Sec. ' SS3. After receiving his certificate of dis
charge, any bnnkrapt, who may be required, shall
attend and render assistance to the assignees in settling ac
counts ; for which services he shall be paid the sum or three
dollars per day. - In case he refuse to attend ar.d assist them,
he may, ape complaint to tle justice, be committed to prison
KOtil be consents to render soch assistance.
See, 989. In case of the removal, illness or absence
f the justice before whom proceedings under this
article are insttated. soch proceedings may be continued before
son other justice of the aprem Court. -
Sec 990. Any party interested may except to any
decision of the justice, in proceedings under this
article, and appeal therefrom-tn the Supreme Court in banco .
provided, sac party give notice of bis appeal within fire days
liter the lecdtlion of suh decision, and within ten days there
after fila with the clrk of the court, a good and sufficient bond,
is tin penal mas of one hundred dollars, conditioned for the
paywfent of all costs arising from said appeal, in case it shall
not be sustained.
slooera, a well as the additional costs, shall abido the decision
w toe uppeuale coon. ,
Sec. 1002. The commissioners provided for by this
article shall be removable from office, at the plea
sure of the Minister of the Interior, who shall also have power
to nil all vacancies which may occur In their number.
See. 1003. The said commissioners shall have the
like power to administer oaths ; to punish contempts;
to grant adjoarnmosjts ; to suupuena and compel tne attendance
of witnesses t and issue execution for costs, as is conferred by
law upon police courts. . .
Abt XLV. Of the 8vppreion of Prostitution.
Sec. 1004. It shall be lawful fcr the Police Jus
tices of Honolulu, Lihain and llilo, respevely, to
cause to be arrested and brought before them, anyV-uialo that
may be complained of the sheriff or ITefct or I'olice, as being
a prostitute, and if it shalLepear to the satisfaction of the
justice that such female is a prostitutH, and that bit father.
mother, or guardian, reside in any other district than that In
which such juxttci has jurisdiction, or that such fvnutle has left
her native district and come and reside within the district
where uch justice has jurisdiction, for the purpose of prostitu
tion, such justice may order such female to return to hr parents
or guardian, if she have any. or to the district from whence she
came, within forty-eight hours from the time of such order ; and
if such female be found within his district after the expiration of
soch period of forty-eight hours, the justice may punish her by
unpriaonioent at hard labor, or solitary confinement, for a period
not exceeding thirty days uou the first complaint, and upon
any snsequ-nt complaint for a peri oil not exceeding sixty
days. It shall be the duty of all judicial and Jiolice officers,
school-Inspectors and school-teachers, lo inform the ilice Jus
tices of the seaports aforesaid, of any females belonging to
to their respective districts, whom they may suspect of having
resorted to said seaports for the purposes of prostitution, that
they may be dealt with as hereinbefore provided.
CHAPTER XVII. OF APPEALS.
Sec 1005. Any party deeming himself aggrieved
by the decision of any police or district justice, in
any case, whether civD or criminal, may appeal thcrefrnra to
any circuit judge at chambers, by giving notice of bis appeal
within five days after the rendering of such decision, and pay
log the coots accrued within ten days after the date of said de
cision s orovided. always, that no hearing shall be had until
the owts of the trial before the police or district Justice are first
Sec. 1006. Any party deeming himself aggrieved
be the decision of any police or district justice, in
any case, whether civil or criminal, may apeal tliercfrom to
the Circuit Court, or to the supreme court, by giving notice of
his appeal within five days after rendering of such decision,
and within Ve days after the date of said decision paying the
costs accrued; and depositing a good and sufficient bond iu the
penal sum of one hundred dollars, conditioned for the payment
of the costs further to accrue, in case he is found guilty or de
feated in the court above : provided, always, that where such
appeal is taken solely npon exceptions to the decision of the
justice on points of law, the appeal shall be heard and deter
mined by the appellate court in banco.
Sec 10C7. Any party deeming himself aggrieved
by the decision oOD7 circuit judge at chambers, in
any case, whether civil or criminal, may appeal therefrom to the
circuit court, or the supreme court, by giving notice of such ap-
eavrfthin ten days after the rendering or such decision, and
within ten days after the date of such decision, paying the costs
accrued It-fore the circuit judge, and depositing a good and
sufficient bond in the j enal snm of fifty dollars, conditioned for
tbeajayment of the costs further to accrue, in case be is defeat
ed or found guilty in the above court : provided, always,
that where such appeal is taken solely upon exceptions to the
decision of the circuit judge on points of law, the appeal shall
be heard and determined by the appellate court in banco.
Sec. 1008. Upon an. appeal being tahen and per
fected, according to the provisions of cither of the
lat two preceding sections, the circuit judge or justice, shall
give immediate notice thereof to the other party, and if execu
tion shall have been issued, to the officer charged therewith,
ami shall also, without delay, transmit to the clerk nf the appel
late court, a perfect transcript of the record aud proceedings
had before him.
Sec. 1009. Every defendant appealing from the
decision of any circuit judge, police justice, or dis
trict justice, in any criminal or penal prosecution, shall remain
in the custody of the Marshal or the Sheriff of the Island, u.itd
the term of the supreme or circuit court to which said defendant
has apiiealed, unless he deposit with the Marshal or Sheriff, a
good and sufficient bond iu a penal sum equal to the fine or
penalty imposed upon such defendant in the court below, con
ditioned for his appearance for trial at the supreme court as
aforesaid. And in ail case where the punishment adjudged by
the circuit judge, or police or district justice, is both fine and
imprisonment, or imprisonment only, the Marshal or Sheriff
shall exact from the defendant a bond, conditioned aa aforesaid,
in the penal sum of not less than one hundred, dot more than
two hundred dollars.
Sec 1010. An appeal duly taken and perfected, in
any case provided for in this chapter shall immedi
ately thereafter operate as an arrest of judgment and atay of
Sec 1011. Unless appeal be taken in accordance
with the provisions of this chapter, in any case here
in provided for, the decision rendered in the case shall be final,
and no court in the kingdom shall have power to remove the
same for any cause whatsoever.
Sec. 1012. In any case of an appeal from the de
cision of one of the justices of the supreme court, at
chambers, in which a jury shall hare been enipanncled by such
justice, the appeal to the full court sliall be taken upon the
record, the verdict of such jury being deemed conclusive as to
the facts, and a new jury shall not be em panne led to try any
question of fact Involved.
Sec 1013. Costs shall Le allowed to the prevail
ing party in juJgmeuts rendered on appeal, in all
cases, with the following exceptions and limitations :
1. If ttu defendant against whom judgment is rendered,
appeal, and judgment be rendered iu bis favor in the appellate
court, and the amount recovered in the court below he reduced
one fifth or more, costs shall be awarded to the appellant :
2. If the defendant in whose favor a judgment is rendered,
shall appeal, and he shall not recover iu the appellate court at
least one-fifth more than the amount recovered bekiw, costs
shall be awarded to the appellee :
3. If the plaintiff in whose favor judgment Is rendered, appeal,
and he shall not recover in the appellate court at leait one-fifth
more than the amount recovered below, costs shall be awarded
to the appellee :
4. In all other cases, the party recovering any sum shall be
entitled to coats.
Sec 1014. Whenever costs are awarded to the
appellant, he shall be allowed to tax as part thereof,
the costs and fjes paid in the lower court on taking the appeal,
in addition to-the costs of the court appealed to. And if, upon
an appeal, a recovery for any debt or damages be had by one
party, and cost s be awarded to the other party, the court shall
set off such costs against such debt or damage, and render
Judgment for the balance.
Sec 1015. The supreme court may, from time to
time, establish by standing rules, such 'regulations
for the taking of appeals, and for the removing of causes by cer
tiorari and habeas corpus, as said court may deem necessary
for the better administratiou of justice.
CHAPTER XVIII. Of the Issuin of Execution,
and Proceedings thereupon.
Sec. 1016. Every circuit judge at chambers, police
justice and district justice, shall, at the request of
the party recovering any civil judgment in his court, unless such
judgment be duty appealed from, issue his execution against the
property of the party recovered against, which execution may
Le in the following form :
To any constable of the district of , Island of , II. L:
'on are commanded to levy upon the personal property of
, if any within your district, and if sufficient cannot be
found, then npon his real property within said district, and giv
ing thirty days previous notice as required by law, to sell the
same, or so much thereof as may be found necessary, at public
sale to the highest bidder, in order to satisfy a judgment render
ed by roe against him in favor of , on the day of
, 1, for dollars, the costs of court inclusive, collect
ing also the legal Interest thereon, from the date thereof, and
your costs amf the expenses of levy, advertisement and sale
Make due return to me of this writ, with your proceedings
thereon, and the money by you so collected, ou or before the ex
piration of days; and hereof fail not at your peril.
Given under my hand this day of , IS .
Sec 991. Two or more persons doing business as
jjw, wt iu imm,tiji;uHci?rauautruii!i9ii urm,
and may be declared bankrupt, and obtain a certificate of dis
charge, is the same manner and oo the same terms as an in
aividaai. Sec 992. When two or more persons who are part
ners in trade, become insolvent and bankrupt as
provided In this article, all the joint stock and property of the
eoaspany. "nd also all the separate estate of each of the part
ners, shall be taken, excepting such parts thereof as are herein
excepted ; and aB the creditors of the company, and the separ
ate creditors of eith partner, shall be allowed to prove tlieir
respective dents ; and the assignees shall also keep separate
aeooonts of the joint stock cr property of the company, and of
the srparare estaca of each eieiubtr thereof ; and after deduct
ins; est ef the whole amount received I r such assignees, the
whole of the expenses and disbursements paid by them, the net
proceeds of the joint stock shn be appropriated to the payment
of the creditors of the company, and the net proceeds of the
separate gatnte of each partner shall be appropriated to pay his
i pwiats creditor ( and if there shall be any balance of the
separate estate nf any partner, after the payment of his separ
ate debts, such balance shall be added to the Joint stock for the
pay meat the j'nt creditors ; and if there shall be any bal
aaeewf the joint stock, after the payment of the joint debts,
sad kalanee shall be divided and appropriated to and among
the separate estates of the several partners, according to their
,vw lights a ad I at crests therein, and as it would have
been if the partnership had been dissolved without any bank-
1111 X im! thm .111 M BIMMWlsl-l .A tk. M
cas fajlsss snail be appued to the payment of hi separate
debts, and in all otlier respects the proceedings against partners
shall be conducted in the Eke manner aa if they had been eom
aaeaead ad prosecuted against ace person alone.
. Sea. 933-.Any bankrupt who shall have been im
prisoned aa fraudulent debtor, may be discharged
fleas Men imnrisooment by order of any justice of the supreme
os either at or before the final settlement ol the estate, if it
e ' ftpea to the satisfaction of soch justice that the bank-
surrendered, discovered and delivered over to the as
s s chosen by his creditors, ail his property, personal and
'. i ia etas respects conformed to the main provisions of
t ... r relating- to bankruptcy.
Z . 994. The costs of the proceedings nnder this
ardi, except ia cases where the petitioners fail to
rove te person petitioned against a bankrupt, shall be borne
by itt taitkrwpt's estate. The assignees shall be paid two and
ana ludf psr cent, oo all property received by them, and two
aad om af per cent, on aU property dJsbwrsed by them.
Ez S-a. The books and papers of the estate shall,
after the final dividend and settlement, be deposited
with Ce cferk of the supreme coart- 1
Akt. TUV. Tf the Settlement of Controversies
'Rights of Ways. ..
Etfr. 9Ci Tiexe tLsZl be appointed, by the Minister
of2t Iatarior, l eac election district throughout
the kingiVnn, three sm'X','.i rersoos to act as commissioners of
Sec 997. It shall be tha tiatj of such commission
ers, within their respective districts, to Lear and de
termine si cofrwverafca respecting rights of way, be: ween
rival i... -ridoalsv, or between private Individ a is and the
tsuveffanser . . r .,
Sen.!;' Vl? settling soch controversies, the com
mtawione.j i!Jl give soch decision aa may in each
partiowXsr -cx3r may appear to them to be just sod eqniubfcv
betweaa the parties interested.
.93-, Any party deeming himself aggrieved by.
thw tUdloa of the commissioners, may appeal thera.
B-aa to the Circuit Court of the Island : or. if the controversy
is on the istaad of Oalra, te the supreme coart, which Circuit .
or Stmrme Cowrt shall hear and determine the case in banco ,
previuei, awet-r, tsvt any party desirous of so appealing
shall rive noo af t-esaiae to the cooi bus loners, within Ave
days after the re."-a of tiarv decision. .-
Ra. 1fy"i T" -w fit r-arrw ahull nnneal from
as provided in the -
ay ef the eommi kmers
,-, with c r-of
' baa b- -,
- v lokUiJ
' ie- ,
I I' I
. , v iMsab- -
Police Justice (or as the rase may be.)
Sec 1017. The provisions of the last preceding
section, shall not apply to the issuing of execution
upon a judgment entered up by the order of a circuit judge, in
any cause or proceeding in the circuit court, but in such case
the execution shall be issued in The manner and firm prescribed
for aourts of record.
Sec. 1018. All executions issued by a circuit judge
at chambers, police justice or district justice, shall be
made returnable within sixty dayfortns the date thereof.
Sec 1019. The forms of executions to be issued
from courts of record, shall be the same as have been
heretofore established by the usage and practice of such courts;
but alterations therein may, from time to time, be made, or al
lowed by the Supreme Coart, when necessary to adapt them to
changes in the law, or for other sufficient reasons.
Sec 1020. All writs of execution, whether civil or
criminal, issuing from any couit of record, shall be
addressed to the Marshal, or his deputy, and shall be signed by
the clerk of soch court, and impressed with the seel thereof.
Sec 1021. Every officer receiving a writ of execu
tion issued in due form by any court or justice, shall
note thereon the day and hour of iu receipt, and he shall give
priority in levying upon property of the defendant in execution,
to the writs received by him according to the order of time in
which they are received
Sec 1022. Every levy by an officer, in pursuance
of a writ of execution issued by any court, or justice,
shall be made by taking the property levied upon into bis posses
sion, care and guardianship, and in his option, by removal of the
same to some place of security. The officer shall make an inven
tory of the property levied upon.
Sec 1023. The officer shall, after levy, advertise
for sale the property levied upon, whether real or
personal, for thirty days, or for such time as the coart shall or
der, by posting a written or printed notice, in three conspicuous
places within Hie district where such property is situated, and if
on the Island of Oaho, by advertisement thereof in the Govern
Sec 1024. The officer shall, oa the day and at the
place set for such public sale, unless paid the amount '
of the judgment, interest and costs, and bis fees and disburse
ment accrued upon the writ, sell the property advertised to the
highest bidder, lie shall deduct from the proceeds of the aale
suificientor the full satisfaction, if possible, of the execution and
his costs, expenses and commissions, and return the said writ,
satisfied wholly or ia part, paying the amount collected thereon
to the plaintiff in execution or his attorney. .
Sec. 1025. If, at the time appointed for the sale,
the officer shall deem it expedient, and for the inter
est of all persona concerned therein, to postpone the sale, for
want of purchases or for other sufficient cause, be may postpone
it for any time not exceeding seven days, and so from time to
time, for like good cause, until the sale shall be completed; giv
ing notice of every such adjournment, by a public declaration
thereof, at the time and place previously appointed for the sate.
Sec 1026. The officer shall execute and deliver, to
any purchaser at such sale, such certificate of pur
chase, or conveyance, as may be necessary.
Sec 1027. No sale by execution shall operate to
convey a greater estate or interest in the property
I sold, than the defendant Iu execution had at the time of such
ate; and all soch sales of property not neiooguig 10 the defen
dant, shall subject the onicer to the private action of the pur
chaser, being afterward deprived thereof by the real owner.
. See 1028. The odesr serving any execution shall .
act upon bis own private accountability, for a.H' ex
cesses of his official powers, and for " -turafrcsn the legal
ioiport of Uie writ w mandate in his 1
See. 1029. If, npon an exeoui: ',trV
circuit judge at chambers, or ty c 'C ..t
justice, no property, or not a sufficient aa
looginx to the defendant in execution, can
JaruKilcuon of the Judge or Justice issuing t
1 same is returned unsatisfied, cithet wholly or
I tin ia execution may, upoo proe--' v a c
I vdgment and execution h the f ' ' ' '
office of the eVrk of the Sot
attorn mm 1 8aprasne Co.
rsinat tr . ; of tt detenu. , -uekiic
- ." - ' :, -
CO. , --r'jr :,3oart, ant s
ctUion . ' If "ich execution j .-z3
returned unsatisfied wh"'T ev la p-- r Usoe an aUas execu
tion to the same circuit, or t t e 'ails la some other
circuit, for the satisfaction of thow.. 1 remainder of the judg
ment and additional costs, expense awt commissions, which
alias or testatum writ of execnUoa shall be served by the Mar
shal, or his deputy, in like manner as the original.
Sec'1031. No original execution shall be issued,
unless within one year after the party shall be en
titled to sue out the same, and no alias, or other successive exe
cution, shall be isxued aftewarda, unless each one be sued out
within one year after the return day of that which preceded It.
Sec 1032. If a judgment remains unsatisfied, after
the expiration of the time for taking out execution
thereon, the plaintiff may have a scire facius to obtain a new
execution, or be may, at any time after the judgment, have au
action of dent thereon. .
Sec 1033. Any judge of a court of record may, by
order at chambers, in any cause in which an execu
tion shall have been issued, grant a stay thereof in the officer's
hands, for equitable reasons, when no appeal or writ or error is
granted, upon the defendant giving bond and security for its
payment with costs up to the said stay. The projierty levitd
upon shall not be released from levy by the stay of execution,
and in case at the end of the time accorded the condition of such
bond be not complied with, the plaintiff it execution may elect
whether to proceed to the sale or the levied property, or to en
force the bond-, provided, that If the levied property be not suffi
cient to nav the iudemeut. with all costs, expenses and commis
sions, the star inclusive, the sureties in the bond shall be an
swerable for the deficiency. And when justice may require the
renewal of any efrVution, or an extension of the time for making
return to any exev Jou, and Judge of a court of record shall
have power so to order.
Sec 1034. Bond of indemnity given to an officer.
as provided 'n section 274, shall be collectable by the
officer receiving :he same upon citation to show cause and proof
of the signatures thereto, without the intervention of a jury, and
the damages to be assessed thereon shall be the amount recov
ered against the said officer, with interest and costs of suit, and
the expenses of such citation aria judgment or indemnity, ior
which execution may be issued against the co-obligors, both
jointly and severally, leviable as in other cases of indebtedness.
Sec 1035. The following property when owned by
any person, being a housekeeper and having a family,
shall be exempt from levy aud sale on execution :
The family Bible, family pictures ana scnooi oooks; xwo swine
or six goats, and all necesary Dsn, meat, Hour, ana vegetaoics.
actually provided for family use. not to include kalo or any plant
still growing or unfathered; All necessary wearing apparel,
mats, beds, bedsteads, and bedding for such person and his
family; one pol board, ode poi beater, two calabashes, one 00, oue
table, six chairs, six knives and forks, six plates, six tea cup
and saucers, one sugar dish, one milk pot, one tea pot, one coffee
pot and six spoons; The tools and implements of any mechanic,
necessaiv for carrying on his trade or business, not exfteding
flftv dollars in The uniform of any officer or private be
longing to any of the military forces of the kingdom, and his
arms and accoutrements.
Of the Time of Commencing Per
Sec. 1036. The following actions shall be com
menced within six years next after the cause of such
action accrued, and not after :
1. Actions for the recovery of any dclil founded upon any
contract, obligation or liability, excepting such as are brought
upon the judgment or decree of some court of record; 2. Actions
upon judgments rendered in any court not being a court of re
cord; 3. Actions of delt for arrearages of rent; 4. Actions for
tresiass upoo laud; 6. Actions for taking, detaining or injuring
any goods or chattels, including actions of replevin; 6. hiecial
actions on the case for criminal conversation, for libels, or for
any other injury to the persons or rights of any, except such as
are specified in the next two sections.
Sec' 1037. The following actions shall be com
menced within two years after the cause of action ac
crued, and not after :
1. Actions for assault and battery; 2. Actions for false impri
sonment; 3. Actions for words spoken slandering the character
or title of any person; 4. Actions for words spof en whereby
special damages are sustained; 6. Actions against the Marshal,
Sheriffs, or other officers, for the escape of prisoners, or upon any
liability incurred by them by the doing any act in their official
capacity, or by the omission of any official duty.
Sec 1038. In all actions of debt, account, or as
sumpsit, brought to recover any balance due upon a
mutual, open and current account, the-cause of action shall
deemed to have accrued, from the time of the last item pro -
in such account.
Sec. 1039. If any person entitled to bring any ac
tion in this chapter specified (excepting actions
against the Marshal, Sheriffs, or other officers) shall, at the time
the cause of action accrued be, eithr :
1. Within the age of twenty years : or, 2. Insane; or, 3. Im
prisoned on a criminal charge, or in execution under the sentence
of a criminal court for a term less than his natural life; or, 4. A
married woman: Such persons shall he at liberty to bring such
actions within the respective time in tills ci.apter limited, after
such disability removed.
Sec. 1010. If any person entitled to bring any ac
tion in this chapter specified, shall die before the ex
piration of the time herein limited fur the commencement of such
suit, if such cause of action shall survive to his representative,
his executors or administrator may, after the expiration of such
time and within one year after such dute, commence such action;
but not after that period.
Sec 1041. If at the time when any cause of action
specified in this chapter shall accrue against any per
son, he shall be out of the kingd'im, such action may be com
menced within the terms herein reflectively limited, after the
return of such person into this kingdom; and if, after Mich cause
of action shall have accrued, such person shall depart from and
reside nut of Uiis kingdom, the time nf bis absence shall not be
deemed or taken as any part of the time limited for the com
mencement of such action.
Sec. 1042. When an action, commenced within the
time preset ibel by law, shall abate by reason of the
death of (lie plaintiff, if the right of the action survive to Ms re
presentatives, his executors or administrators may, within one
ear after such death, commence a new action.
Sh. 1043. Whenever the commencement of any
suit shall be stayed by an injunction of any court of
equity, tle time during which such injunction shall be In force,
sliall not te deemed any portion of the lime in this chapter limi
ted for the commencement of such suit.
Sec 1044. When a suit ahull be alleged by a plain
tiff to have been commenced within the time required
by law, and such allegation shall be put in iitsue by the defend
ant, it .shall be competent for the defendant to prove, on the trial,
that the process issued by the plaintiff was not issued with the
intent or iu the manner require i by law; or that any means
whatever were used by the plaintiff, or 1 is attorney, to prevent
the service of the writ, or to keep the defendant in ignorance of
the issuing thereof.
Sec. 1015. Upon any such matter being established,
or upon its appearance in any other way that any
process was issued without any Iijj-nt that it should be served,
such process shall not be deemed the Commencement of a suit
within the meaning of the provisions of this chapter.
S?c. 1046. No person shall avail himself of any dis
ability enumerated in this chapter, unless such disa
bility existed, at the time his right of his action accrued.
Sec. 1047. Where. there shall be two or more such
disabilities existing at the, time the right of action
accrued, the limitations herein prescribed shall not attach until
all such disabilities be removed.
Sec 1043. The provisions of this chapter shall not
extend to any action which is, or shall be. limited by
any statute to be brought within a shorter time than is herein
prescribed ; but such action shall be brought withib the time
limited by such statute.
Sec. 1049. If uny person who is liable to any of the
actions mentioned ia this article, shall fraudulently
conceal the cause of such action from the knowledge of the per
son entitled thereto, the action may be commenced at any time
within six years after the ierson who is entitled to bring the
same shall discover that he has such cause of action, and not
Sec 1050. All the provisions of this chapter shall
apply to the case of any debt on contract, alleged by
way of set off on the part of a defendant, and the time of li
mitation of such debt shall be computed in like manner as if an
action bad been commenced therefor, at the time when the
plaintiff's action commenced.
Sec 1051. Every judgment aud decree, in any
court of record of this kin lorn, shall be presumed to
be paid and satisfied, at the expiration of twenty yearn after the
judgment or decree was aindered.
Sec 1052. In all cases where the right of action
shall have accrued previous to the first day of August,
A. D. lSKj, no action shall be maintainable, unless the same
shall be commenced before the first day of August, A. D. 2859;
subject however to the provisions of section 10-10.
Cn A PTER XX. Of the Prevention of Frauds and
Perjuries in Contracts, and in Actions
Sec 1053. No action shall be brought and main
tained in any of the following cases : First : To charge
an executor or administrator, upon any specisl promise to
answer damages out of bis own estate; Secondly: To charge
any person, Uin any special promise to answer for the debt,
default or misdoings of another; Thirdly: To charge any person,
upon an agreement nade in consideration of marriage; Fourthly:
Upon any contract for the sale of lands, tenements or heredita
ments, or of any interest in or concerning them; Fifthly: Upon
any agreement that is not to be performed within one year from
the making thereof; Unless the promise, contract or agreement,
npon which such actions shall be brought, or some memorandum
or note thereof, shall be in writing, and be signed by the party
to be charged therewith, or by some person thereunto by him
Sec 1054 The consideration of any such promise,
contract or agreement, need not be set forth, or ex
pressed, to the writing signed by the -larfy to be charged there
with, but may be proved by any other legal evidence.
Sec 1055. No action shall be brought and main
tained, to charge any person upon, or by reason of,
any representation or assurance, made concerning the character,
conduct, credit, ability, trade or dealings of any other person,
unless such representation or assurance shall be made in writing,
and signed by the party to be charged thereby, or by some
person, thereunto by him lawfully authorized.
Sec 1056. No contract for the sale of any goods,
wares or merchandise, for the price of one hundred
dollars or more, shall be allowed to be good, unless the pur
chaser shall accept part of the goods, so sold; and actually receive
the same, or give something in earm-st to bind the bargain, or
in part payment, or some note or memorandum, in writing, of
the said bargain be made and signed by the party to the charged
by such contract, or by his ageut. thereunto by him lawfully
Sec. 1057. When any person, who is bound by a
contract in writing to convey any real estate, shall
die before making the conveyance, the other party may have a
bill in equity In the Supreme Court, to enforce a specific per
formance of the contract by the heirs, devisees, or by the executor
or administrator of the deceased party, such bill to be filed
within one year after the graot of administration.
Sec 1058. The coart shall hear and decide every
such case, according to the proceedings in chancery,
ami shall make such decree therein, as Justice and equity may
Sec 1059. If it shall appear that the plaintiff is
entitled to have a deed of conveyance, the court may
authorise and require the executor or administrator of tlte
deceased party, to convey the estate in like manner as the de
ceased person might and ought to have done, If living; and, If
tils heirs or devisees, or any of them, are wiudn the kingdom,
and competent to act, the court may direct tbern or any of them.
Instead of the executor or administrator, to convey the estate in
the manner before mentioned, or to join with the extentor or
administrator in soch conveyance. - ''
.,' See. 1060. Every conveyance made " in pursuance
of each decree, shall te t. Tactual to jsxs the estata
amtract! for, taful! - l:r ? by the eonh:r himself.
: sec ?c;i.
'ect it r:
0 dot '"
If.t f ant in.auch Jt shall '
t; r--tveyn -:jordinj to
li It' er" .t the plaintiff
' Mt of t tl contracted for, '
( the IW Ml eonvevanee, and
ae 1 toe plainti J, by f re "
t of the premise. 1 ft
. Vjoivt-. 1 i r--
. Sen. IZ. - If the pernor, t wi"" the conveyance ,
was to k- s, shall de Lre ss-i suit is brought,
cr before J tyance ia completed, any person, who would
L entitled . t estate nder him as heir, devisee or otherwise,
hi ease the c -ance had been made according to the contract,
may connae je 'such suit, or prosecute it, if commenced; and
the conveyance shall thereupon be so made, aa to vest the estate
in the same persons, who wouia nave oeen so enuueu w
Sea. lOfU. If the nartr. to whom any such con-
vvanne waa ta be made, or those claiming under
him, shall not commence a suit, as before provided, and if the
heirs of the deceased party are under age, or otherwise in-m-.,ai
in the luuli eoDtrxeted for. the executor or
administrator of the deceased may file a bill in equity in the
Supreme Court, setting forth the contract and the circumstances
of the case, whereupon the court may, by its decree, authorize
aud require such executor or administrator to convey the estate,
in h mo,.,... .. Heeeaaed should have done; and such a con
veyance shall be deemed a performance of the contract on the
part of the deceased, and sufficient to entitle his heirs, executors
or administrators, to demanu uwnoraiura mcrcoi on m 1 -
CHAPTER XXI. Of Attorneys and Counsellors at
Sec IOCS. The Supreme Court shall hawe power
to examine and admit as practitioners in the courts
or record, such persons, being Hawaiian subjects, of good moral
character, and having taken the prescribed oath of office, as
said court may find qualified for that purpose.
Sen. 106B. Said Daid practitioners shall be sum
marily amenable to the courts of record, and may be
fined, imprisoned or dismissed from the roll of practitioners, for
satisfactory cause, upon tne complain 1 01 any pany wiicu
by their mal-practice, or for non-iaytnent of moneys collected
by them lor private parties, or for any deceit, or other groHS
Sec 1067. They shall have the right to practice in
all the courts of the kindom, and to appear therein
as attorneys, counsellors, solicitors or proctors, in behalf of third
persons who may choose to retain them, for the prosecution or
defence of actions, civil, criminal or mixed; and shall be entitled
to charge for their services the fees prescribed by law, which
beimr tixed'hv an v fudge of the court, shall be added to the
judgment and collected- for their benefit.
Sec 1068. No person shall be allowed to practice
in any court of record in this kinffdom, or before a
circuit judge at chambers, unless be shall have been duly li
censed so to do by the Supreme Court: provided, that nothing
in this chapter contained shall ie constmeu 10 prevent any
oerson. Plaintiff, defendant or accused, from appearing In person
before any court, or justice, and there prosecuting or defending
his own cause, without the aid of legal counsel.
Sec 1069. The practitioners so licensed shall have
.- . .. ... .. ,
control to judgment anu execution, ar an suits ana
defences confided to them: provided, however, that no such'
practitioner shall have power to compromise, arbitrate and
settle surh matters confided to him, unless upon special author
ity in writing from his client.
Sec 1070. The oath of omce to be taken and sub
scribed by such practitioners, shall be as follows:
SrPBRMK CoCRT, If. I.
, being duly sworn, deposes that he will support the
Constitution and Laws or the Hawaiian islands, and laitnruuy
discharge the duties of attorney, counsellor, solicitor and proc
tor, ia the courts of this kingdom, to the best of his ability.
Such oath shall be taken and subscribed before some judge of
a court of record.
Sec. 1071. The license to be given to a practitioner
shall be in the following form :
SCPREMR CorRT, II. I.
1 . , Ksquire, having been examined and found duly
qualified, and of good moral character. I do hereby license him
to practice In all the Courts of this kingdom as an attorney,
counsellor, solicitor and proctor thereof, during good behavior.
Given under my hand and the seal of the Supreme Court,
this - day of , 18.
Sec 1072. The Supreme Court may prescribe terms
and periods of study preparatory to the admission of
practitioners, aod rules for their government In the pursuit of
their practice, not inconsistent with any law of the kingdom.
Sec. 1073. A license to practice shall not be neces
sary to entitle any person to appear, in bis own
behalf, or for another, iu any police or district court.
Sec 1074. The clerk of the Supreme Court shall
exact from every practitioner upon his receiving a
license, an admission fee of ten dollars, for the benefit of the
CHAPTER XXII. Of Masters in Chancery.
Sec. 1075. The Supveme Court may appoint a sui
table number cf persons, besides tho clerk of snid
court, to be masters in chancery, who shall bold office daring
Uic pleasure of said court.
Sec. 1076. The several masters in chancery shall
take and subscribe an oath for the faithful discharge
of the duties of their office, which oath may be administered by
any justice or the supreme Court.
Sec 1077. They shall perform, under the direction
of the Supreme Court, or of any justice thereof, all
the duties, which, according to the practice in chancery, apper
tain to the office, and as shall be assigned to1 them, and they
shall be allowed therefor, such fees as the court shall order.
Sec 1078. Their fees shall be taxed with the other
costs in the cause, and shall be eventually paid by
such party, or In such manner, as the court shall order.
Sec. 1079. Every master in chancery shall, upon
his appointment, pay to the clerk of the Supreme
Court, a tee or ten Uulinrs for the nenent or the pumic treasury.
CHAPTER XXtll. Of the District Attorneys.
Sec 1080. The Justices of th Supreme Court shall
appoint a xuitable person as district attorney, in each
or the respective judicial circuits or the kingdom.
Sec. 1081. Said district attorneys shall, when ap
pointed, lake and subscribe an oath of fidelity to the
Constitution, and for the faithful discharge of the duties of their
office, which oath may be taken and subscribed before any Judge
of a court of record.
Sec. 1082. They shall severally give bond to the
Chief Justice of the Supreme Court, in the penalty of
at least one thousand dollars, for the faithful payment into the
public treasury, of all moneys and fines by them collected and
received for the government, through the courts or otherwise.
Sec. 1083. They shall severally hold office for the
term of two years from the date of their appointment,
unless sooner removed by the Justices of the Srprclue Court.
Sec. 1084. They shall severally reside in the cir-
cuits for which they are appointed, and keep offices
at tne sears or justice ior tneir respective circuits.
Sec 1085. They shall, within their respective cir
cuits, appear for the crown or government in the
Supreme Court, in the Circuit Courts, and when requested hr
the Sheriff or any Justice, io the police and district courts, in all
cases, criminal or civil, in which the crown or government may
be a party, or be Interested.
Sec. 1080. They shall also, within tlieir respective
circuits, be vigilant and active in detecting criminals,
and all offenders against the revennc laws, or the laws relating
to licenses, and prosecute the same with diligence. It shall also
be their duty, within their respective circuits, to enforce all
bonus, notes or other instruments, that may be placed in ther
hands Tor that purpose, ny any of the King 3 ministers, or
governors, or by any judicial or executive officer.
Sec 1087. When any one shall obstruct any street,
channel, harbor, wharf, or other highway, or public
place, or obstruct or divert any stream or public water course,
or commit any trespass or waste on any portion of the public
domain, or other government property, as by the cutting down
of prohibited trees, or the removal of stone, coral, sand or other
property of the government, pertaining thereto, the said district
attorneys, within tlieir respective circuits, shall prosecute the
offender with diligence, first, however, taking the advice of the
governor of their resective circuits, when convenient.
Sec 1088. The said district attorneys shall, with
out charge, at all times when called upon, give
advice and counsel to the ministers, governors, the marhnl,
sheriffs, collectors, justices and otlier public officers, within their
respective circuits, in all matters connected with their public
duties, and otherwise aid and assist them In every way requisite
to enable them to perform those duties faithfully.
Sec. 1089. , It shall also be the dutjraof the said dis
trict attorneys to (five counsel an) aid to the poor and
oppressed natives, within their respective circuits, and to assist
them In obtaining tlieir just rights, without charge : provided,
however, that they shall not be obliged to render such aid,
counsel and assistance, unless I equestcd so to do by the King,
or by some one of the King's ministers or governors.
Sec 1090. The said district attorneys, whenever
requested so to do by the Chief Justice of the Su
preme Court, Shalt visit the several districts or apanas, or any
of them in their respective circuits, and discharge such official
duties as may be required of them, relating to the administra
tion of justice.
Sec 1091. The said district attorneys shall sever
ally, on or before the first Monday of January in
each year, make reports to the Chief Justice of the supreme
court, setting forth particularly the amount and kind of official
business done by them resectively, in each circuit, in the year
preceding, the number of persons prosecuted, the crimes and
misdemeanors for which such prosecutions were had, the results
thereof, and the punishments awarded against any person con
victed thereon ; and generally, they shall present in said re
ports, plain and particular statements of the criminal 'business
of their respective circuits. To enable them to make such re
ports, it shall be the duty of the circuit Judges, district justices,
and other public officers, whenever requested so to do, to furnish
them with such information in relation thereto, as they may
Sec. 1092. None of the said district attorneys shall
receive any fee or reward from, or in behalf of, any
person or prosecutor, for services rendered in any prosecution or
business, to which it shall be their official duty to attend ; nor
be concerned as counsel or attorney for either party, in any civil
action depending npon the same state of factr .
Sec 1093. They shall severally account- to the
Minister of Finance, every three months, for all fees,
bills of costs, fines, penalties, and other moneys received by
them by virtue of their offices.
Sec 1094. The district attorney for the first judt
dicial circuit shall, when required, give his opinion
npon questions of taw submitted to him by the King, either
branch of the Legislature, the Governor of Oaho, or the head of
See. 1095. The district attorney for the first judi
dicial circuit shall receive a salary of two thousand
dolfars a year ; and the district attorney of the second circuit, a
salary of fifteen hundred dollars. The district attorneys for the
third and fourth circuit, shall each receive such compensation as
may be determined by the judges of the supreme court, which shall
be paid to them, severally, out of the public treasury, in equal
monthly payments, in full, for all services rendered by them.
CHAPTER XXIV. Of Contempts.
Sec 1006. Every judicial tribunal, acting as such,
and every - magistrate acting by authority of law in
a 'judicial capacity, may summarily punish persons guilty of
contempt, aa follows, via. t
1. The supreme court, by imprisonment at hard labor not
more than three months, or by fine not exceeding one hundred
dollars, or by both such fine and imprisonment In the discretion
of the court. si
2. Any cirenit court, or any court of probate, by imprison
ment at hard labor not more than two months, or by fine not
exceeding one hundred dollars.'
. Any circuit judge, or police Justice, by imprisonment at
bard labor, not more than thirty days, or by fine not exceed lag
fifty dollanv -v ....... ,
! 4. Any district Justice, coroner, or otlier person acting in a.
juiiletal capacity by authority from any court of record, by lro- :
prieoomeot at bard labor not more than ten days, or by One not
exceeding ten dollars. , . -
'Sea. -1037. Persons punished according to the-
J to visions of this chapter, shall also be liable to in
litment for the same misconduct, if it be an indictable offense ;
but thd court before which a conviction is had on f - Jlotnjent,
la passing sentence, shall take !' - - lideration tl iahroent
be we Inflicted. ; . . . .;, . ... ... k; . ' ' 7-' .
."lCCa T7hen the t ;t crrcbU ia tS
.a ty i'T rm un art wtfc ?"'-- i H t- r '
- t cr ", , e b y t t 1 TI 1
1 1 4 int.. t. et.t He s .
i it,. Bitsnent, .. .
CHAPTER t XXV. - OF TIIE PRACTICE OF
, , - c COURTS OF BECORP.
- Art. XLYI Of Civil Suits.
geo. 1099. Every civil action.hereafter.to be tried
in any of the courts of record 'hte fcn? "J".
b commenced by petition, whk-h petition shall be verified l y
thaathof the plaintiff, or some oue on his behalf, deposing to
the best of his knowledge and belief.
Sec 1100. In all suits for the recovery of money
urton evidences of indebtedness, or vouchers certain
or computable by the court, that is to say: upon promissory
notes? bills of exchange, draft, orders, bonds and other instru
menttl parol or specialty, the plaintiff in person, or by his attor
ney, sliiU file a petition for process, addressed to the Chief Judge
or Justice of the court, in substance as follows '..-'
The undersigned claims of , residing at, , Island
"of tl dollars, upon (a note or other evidence of debt. a
the ease may be) dated , payable on -. with - - interest
from Said defendant has neglected and refused to pay the
same until this date, (and in case of fraud or concealment, or
other collusive or deceptive circumstanc. s attendant upon tne
Mir,,-i;nff or the non-oa vment of the debt, here Insert the same
Wherefore, the undersigned asks the process of this court to
cite the said defendant to appear anu " ""
Dated day of, 18 .
Plaintiff, or Plaintiff's Attorney,.
Sec. 1101. Upon the filing of such petition, in case
no fraudulent circumstances uo uiick vj p.- -
:r k, -wk .hail lams, under the se&l of the court, a summons
tiu, w.o --. . . ,, . . ,
addressed to the Marshal or bis aeputy, wnicn may " "
Inwlna ffirfil ,
vmi n enmmanded to summon - , defendant, in case
1,. .1..11 fn written answer within twenty days after service
tk-ronf n In. and annear before the sunreme court, COT circuit
, . .. . 1 . 1.
court for the Judicial circuit, as iue cww u "1
term thereof, to be holden at , in tue lsianu 01 , ou
h In, of next, at o'clock a. m.. 10 snow causa
.h. ti. elaim plaintiff, should not be awarded to him
liursuant to the tenor of his annexed petition. And have you
then there this writ with full return of your proceedings thereon.
Witness, . inquire.
J. C. SPALDING
n.n-yV A TTl"'TlriK UMT MUm
U a . - . j - . . ) eft
U nublie to the following atemoranaa m '"''ftTT' jn,
7 7k ADLET dueTu Xpmr next, ala invoices due
i&lJlL W MS-rON RA
UL-OA 1 - - i '
Bale pink and buff prints ,
Bales Panama ticka
Bales Tana in a stripes
Cases Cxbridge sheetings
Hales brown sheetings . . t
Hales Sbetucket denims
Bales Androscoggin sheeting
Bales Gorrics blankets
Bales Hockdale do
.Bales scarlet blankets ; -r;
j Cases OUs denims ; .
'Bik-s brown drills '
Cases blue drills
Bales royal blue flannel
Bales dark do
Bales blue sheeting
Cases do do
150 bbls prime pork
200 bbls flour
60 bbls mess beer
60 bbls Bourbon whisky
25 cases cherry cordial
100 cases Albany ale and porter
60 cases alcohol ale;
25 8th casks U. V. P. braodjr,
25 cases claret
3 casks Jamaica rum
10 cases sa't
350 demijohns :
6 cases cheese
38 casks Tennanfs India paiej 26 half bbls dried apple-
45 casks do porter
?-J tierces hams
10 cases currant wine
10 cases sherry
1 bale corks .
50 bbls rice
100 cases gin
60 cases wine bitters .
Cases salt, in 201b bags
ai mbi 167 bbls bread
9 I Ml tt i csks Pinet brandy
76 cases champagne ciuci
Cases of oysters, 1ft tine .
Cases assorted meats
Cases green corn
Cases table salt
Cases water crackers
Chief Justice of the Supreme Court, at Honolulu,
this day or , A. it. is.
Sec. 1102. Every summons issued under the seal
nf a court of record, shall be servea oy tne Aiarsnat
or his deputy, upon the defendant, by the delivery to him of a
certified copy thereof, und of the plaintiff's petition, to which
netition shall alwavs be annexed a literal copy of the voucher
upon which It is predicated, (if any there be,) or In case the de
fendant cannot be found, bv leaving such certified copy with
some agent or person transacting the busfcie&a of the defendant.
or at the defendant's last place 01 resmence.
Sec. 1103. If the defendant was never an inhab
itant of the kingdom, (but has property situated
within the same.) or has removed therefrom, and the fact shall
appear by affidavit to the satisfaction of the court, or a judge
tli. reof at chambers, and it shall in like manner appear that a
cause of action exists against such defendant, or that he is a
necessarv or nroner nartv to the action, such court or judge
may grant an order, that the service be made by publication of
See. 1104. Such order shall direct the tHblication
- - - v.y
to be made in the Government Uazette,Tor such
length of time as may be deemed reasonable, not less than three
months. In case the residence of the defendant is known, the
court or judgehall, in addition to the publication, direct a copy
of the summon! and petition to be forthwith deposited in the
nost-office. addressed to the defendant, at his place of residence.
When publication is ordered, personal service of a copy of the
summons and petition, out of the k.ngdom, shall be equivalent
to publication and deposit Iu the post-office. In either case, the
service of the summons shall be deemed complete at the expirss-
tion of the time prescribed by the order for publication.
Sec 1105. It shall be necessary to join as defend
ants in a civil action, all the joint and several, cr
joint makers of promissory notes, or drawers of drafts, bills of
exchange, or orders, or Joint and several obligors, lessees, or
parties of the first or second part to covenants, agreements and
contracts. In suing for non-payment, non-acceptance, or non
fulfillment thereof, but It shall In no case be necetsary to serve
all the joint parties sued with process. Service of process upon
one of several defendants at law, shall be legal service upon all
for the purpoxea of appearance in court, and judgment may be
entered again; s, all such co-defendant thereon 1 provided, how
ever, that no execution shall issue against the sole property of
any joint defendant on whom process was Dot duly served as
Sec. 1106. It shall be incumbent npon every de
fendant served with process of summons as herein
before provided, within the time specified in the summons or
order of publication, to file with the clerk of the court, an answer
to the plaintiff's demand, either admitting all the facts stated in
the petition to be true, and denying that they are sufficient in
law to support the plaintiffs demand, which shall form an issue
of law to 1 determined by the court, or denying the truth of the
facts stated In the petition, which sliall form an issue or ract to
be determined by the jury. After either of these answers, there
shall be no further pleading.
See 1107. Under the second answer mentioned
in the last preceding section, the defendant may give
in evidence, as a defence to any civil action, any matter of law
or fact whatever.
Sec 1108. The respective courts of record shall
have power to make such general and special rules.
nd orders, respecting notice to the opposing party, of matters
Intended to be given in evidence by either party to a suit, as
shall he necessary to prevent surprise, and to afford an oppor
tunity for preparation for trial. -.
Sec 1109. In case the defendant does not put in
an answer to the petition as hereinbefore required.
the plaintiff may prove service of the summons by personal
delivery or otherwise, ami default iu answering, by the clerk's
certificate, aud shall thereupon be entitled to demand and
receive of the court, or a judge at chambers, an order declaring
the defendant In default, and authorizing the clerk, if the demand
he upon a promissory note or any other voucher contemplated
by section 1100, to assess the amount of the plaintiff's claim,
principal, damages and interest, and to enter up judgment
therefor and for the costs.
Sec. 1110. In actions where the service of the
summons wns by publication, the plaintiff, upon the
expiration of the time designated in the order of publication.
may, unn proof nf the publication, and that no arswer has been
filed, apply for judgment ; ami the court or judge at chambers
sliall thereupon require proof to he made of the demand men
tioned in the complaint, and shall require the plaintiff or his
agent to be examined on oath, respecting any pvments that
may have been made to the plaintiff, or to any one for his use
on account of such demand, aid may render judgment for th
amount which he is entitled to recover.
Sec 1111. In case the defendant shall put in an
answer denying the truth of the facts set forth in the
p aintifTs petition, which answer shall be called the general
issue, the clerk shall enroll the eause npon the calendar of civil
causes triable iu the court in which the action was commenced.
Sec. 1112. In case the defendant shall put in an
answer admitting the facts stated in the petition to
be true, and denving that they are sufficient in law to support
the plaintiffs demand, which answer shall be called a demurrer.
th plnintiff shall join therein within twenty days on pain of
being defaulted, and may apply to a judge at chambers for a
hearing and decision of the issue.
Sec. 1113. The judge so applied to shall have power
to cite the defendant, appoint a day for argument,
rite witnesses to prove collateral facts involved, and to decide
the issue, suoject to exceptions by either party.
Sec. 1114. If either pnrfj take exception to the
decision of the jndjre at chambers, the cause may be
placed upon the ca' mdar of motions, with the decision of the
judge at chambers, to be reconsidered by the court In term time,
at the cost or the party losing.
Sec 1115. If no exceptions be taken at chambers
to the judge's decision of a question of law, and no
question of fact remains to be decided at the term, the judge
shall make an order to the clerk to enter np the judgment
awarded by him upon the issue, which shall be valid, subject to
an appeal to the court in banco.
ACTIONS UPON UNLIQUIDATED DEMANDS, &c.
Sec 1116. In all civil ctses involving unliqui
dated demands constructive, implied, suppositious or
hypothetical right on the part or the government, or of any
private person, corporation or other party, nelng plaintiff, to
recover money or damages pursuant to the words, or the spirit
or intent of any law heretofore, now. or hereafter to be passed,
or of any Instrument in writing signed by any party, or of any
verbal understanding, contract or agreement, or in consequence
of any Jnjury direct or consequential to the party plaintiff, or
to his property, real or personal, or to his character, or his feel
ings, the plaintiff in person, or by attorney, shall file with the
clerk of the court, a petition for process, in substance as follows :
The undersigned claims of , defendant, residing at
island of , the sum of dollars, for damages result
ing to him (or as the casa may be) for injury done by said de
fendant to (the person, the property, the character or the feel
ings of the plaintiff, as the case may be) in that the defendant
did (here set forth the cause and the manner In which the injury
was done, circumstantially with the view to proof) which the
piainun alleges was none in contravention or bis private rights
under the laws.
Wherefore the undersigned asks the process of this court, to
cite the said defendant to appear and answer this his complaint
nerore a jury or the country, at the term of this court.
unless otherwise sooner disposed or by judicial authority.
Sec 1117. In all cases contemplated by the last
1 . . 1 , . - nr . .. .
preceunn section, me ptaintin may, accorainfr 10
circumstances, inciuoe in fits petition an allegation that the de
fendant is secreting his property, or disposing of the same, or
colluding so to do, or is about to depart the kingdom, .or is
damaging or wasting the said property, and thereupon ask for
process or attachment, or Injunction, or personal arrest, against
tne nerendant, as such plaintiff may Judge proper to ask in the
(To be continued.)
100 tons Scotch coals
3-307 feet plank
1 case oil clothing
19 cased clothing
20 boxes starch
280 kegs lead
3 rolls lead pipe
Ox bows, yokes and plows
Cases charcoal irons
79 casks Cumberland coals
10 bbls coal tar
25 bbls pitch
60 bbls Wilmington tar
10 bbls bright varnish
SO bales gunny bags
239 kegs nails
Boxes family soap
Boxes salt-water so&p
Cases clue & whi'.e cot. thread
Native's Pride I
Cases palm hats
Boiled linseed ou
Boots and shoes
S47 sash doors
25 bndls windows
10 bndls blinds
leases hickory sniiJ
Cases check pants
jCases denim frocks and pants
Cases palm leaf hats
'Cases O is denims
Cases blue sheetings iTierct sugar cured hams
Cases Hamilton pink prints Cases brogans
Bales blue and scarlet blankets Kegs cannon powder
2 superiot silver mounted bar- Cases sporting powder
nesg Cases Hum s nanaieu axes
LAn invoice of ladies' fancy iCases charcoal irons
goods " iCasks con, signal naiyaru, jog
Cases Winchester's perfumed I and hemp lines
S. W. soap . 1 lSi-tf
Jusi Received and for Sale !
ESII AND CHOICE GROCERIES.
Kaisins in I and 1 boxes,
Sugar cured hams.
Ti.. : 1
Plum, grape aud current jellies,
Mince pie meat, sardines,
Tii.s salmon, -
Oysters in 1 and 2 lb tins,
English jams and preserves,
True lemon syrup,
Lewis' pickles and pie fruits,
Prunes, cinnamon, cliocolate.
Cheese, papa jelly, currants,
Citron peel, Oregon salmon,
Fresh apples, raspberry jam ,
Honey, ginger in jars.
Green corn and peas,
French peas, asst'd sauces,
Olive oil, pepper sauce.
Tomato ketchup, mustard.
Curry powder, ground ginger,
Black and cayenne pepper,
Cloves, cream tartar,
Egg cups, salad bowls,
Vegetable dishes, sauce tureens.
Platters, bakers, cake plates,
Nappies, pickle dishes,
Custards, pie dishes.
Dinner and soup plates,
Bean pots and bakers,
Glass preserve dishes,
Butter dishes, creams.
fcviuce and cruet bottles,
Cut tumblers, lamps.
W ine glasses, goblets,
Toilet sets, cups and saucers,
Pitchers, sugar bowls,
Tea pots, cream pots.
Pitchers with covers.
Washbowls and pitchers,
Flower pots, spittoons.
Candle sticks, foot baths.
I Water jugs,
Ship's water bottles,
!limp shades, lampch'nneym,
j Bird bottles, seed bottles.
If alt cellars, Indian lamp shades,
Shade candle sticks.
Colored water bottles.
Coffee pots, 1 Water pitchers.
Tea pots, lamps, 1 Cruet stadds.
Shoe brushes, axe handles.
Lanterns, seives, coffee mills.
Tobacco, cigars and snuff.
Brass candle sticks,
iSauce and fry pans,
ilea kettles, grid irons.
try Constantly ou hand, fresh Island butter, ground coffee, tc
161-tf - T. MOSSMAN & SUN.
OX S.4L.E. BY RECEXT ARRIVALS, THE
following choice assortment of Groceries, at the store of the
Fresh currants, in tins
etc. English pie fruits,
Tins of water, butter, sugar, oys
ter, sda and wine crackers,
Best Oolong tea,
Crushed and loaf sugar,
it, &c, &.O.
Fre h apples,
Strawberry jam. etc., etc.,
M ince meats.
Ground black pepper,
v hole no do.
8. C. soda.
X. B. Fresh Island Butter and Ground Coffee alwavs on
hand. (133-ly) If. McINTVRK.
Offers for Sale, just received
FER BARK SACHEM," FROM BOSTON..
7BAL.ES BRO. DRILLS, 100 doa denim frocks and pants,
12 bales bro. sheetings, T cases cheese.
1 Date oieacrted do, 4 bales pump and rig'g leather.
280 kegs white lead.
JU bbls nee,
' 151 cases boiled oil,
. 2 bales cioves,
4 bags pepper.
10 coils Russia bolt rope
10 cases denims,
a cases ticks.
2 cases bleached jeans,
1 case honey-comb quilts,
1 case striped grsas cloth,
l case white ducit.
1 case bl. and white quilting. 13 casks pilot bread.
200 boxes family soap,
25 cases refined lard.
100 half bbls crushtd sugar,
200 saddles, complete.
io kits no. 1 mackerel.
200 boxes 8. W. soap.
10 half bbls hide poison,
20 cases alcohol,
20 cases spirits turpentine,
43 coils Manila cordage,
60 bbls extra mess beef,
SO half bbls prime butter.
450 bxs, hlf and qrdo raisins,
o cases box salt,
3 shook s grnd salt. 20 !h bags.
11T kegs nans.
25 cases tobacco. '
100 bbls Ilaxall flour.
Honolulu. March 21. 13S9.
IS coi.s snunyarn.
8 cases men's clothing,
6 ca.es charcoal irons,
55 cases boots and shoes,
25 cases green peas.
AVinew nud Spirits.
11 qr and 28 eighth casks best
2 qr pipes Hennessey's do,
3 qr do Martell's do, ;
fi qr and 8 i casks Rivierre do,
140 boxes Catawba brandy,
50 half bbls best whiskey,
iw Kegs ao uo.
-vi-.' iv -4 '
105 doa qt8 R.. Byass' porter,
10 doc Xondou cordial gin,
15 cases braoly peaches.
Just Received per "Yankee."
WHITEWASH BRUSHES, CALIFOR
nia ground ginger, in class:
California ground sage, in glass,
Hamlin & Baker's oysters,
Fresh peaches, in syrup.
Strawberry jam, '
Fresh strawberries, In glass.
Green corn, fresh honey, fresh apples, citron peel.
1M'tf Zor le y- W. SEVERANCE.
. ws S: . ffj i
Per "SEA NYSIPII" froo .
AND TO APPirn
: .u.uiu fjvll
" JOSIAn BRADLEY,"
" HUMPHREY SELso
CONSISTING OF THE MOST ris
goods for country store keepers ew I
market. The particulars will be given ftT.l?"r1
ftflrerttsemeni. wiu be the most inviun. "!
thrift that could be dord aTiUat t.
M tU3 ! yvrsa Ml LUTajirTTv. flf a.
(Cr The designs of these priDts, iu well .. I
per - Humphrey Nelson," are entirely , ,
borrowed from the old designs of
181-lm r'nnj . z
FOR SALE TO ARPir
BY TrfE UNDERSIGNED,
THE CARGO OP THE A I BRTKa, J
454 tons weaftureownt. oon iTT
Blue cottons, white cottons, wperfin whit.
assorted prima, two blue prints, TnrkTlr"
yellow prints, plain Turkey red cWh.
hams, Trench lawns, molestini briiw"
plain and fancy silks, Victoria tmt
furniture prints, cotton sheeting,
cottoa handkerchiefs, printed
key red do.,
denims, riding hats, t
cotton umbrellas, silk
umbrellas, sewing couon, blue
and scarlet serge shirts, pilot jacked,
alpaca coats, mosquito netting, lintn kjl
Bed ticks, white blue and red blankets, rihrM,rJ
merinos, alpacas, plain and figured, suon..
cloths, ladies' straw hats, browr . ottoo half bos
men's felt bats, silk hand kerchiefs, superfine twj
shepheH.'s plaid, blue twilled flannel, plaia WjW
flannel, grey woolen wrappers, men's woolen hostTJ
shirts, cotton trouserings, printed moilim, 4c, fa v
Casea Generr, Old Tom Gin, Scotch UUky, Bran (V
Pali CsHrnm. Pal Khrrrv Fin. HM D n.
e 1 j , - -. vi, 'Movant
BOTTLED ALE AND PORTFJL
Hhds. Baits' Ale, hhds. Votmger't He.
White saltwater soap, perfumery, false jewelry,
Crates assorted earthenware,
Hams and bacon,
Iron pots, tin plain,
cuiou cnain, uitrpw
SUGAR PANS AND COOLERS,
Hoop Iron, 1 case superior assorted Englak cain
FIFTY TONS RICE. In tOO-fcUfii. j
Daily expected, per SEA 2V T M P H, ima U
MARZETTrS ALE AND PORKR, J
aim Mwruj per w r.E.. . irom axjuoud, si
Of ENULlSlt UHOLfcttltd.
And by the first conveyance from England titer
PHBEY NELSON, for which, vessel they were to) at
ttful assortment of ENGLISH PRINTS, inctodiw e
yellows, and other choice styles. I
XT The designs of these prints, as well at sf tacr a
per "Humphrey Nelson," are entirely xnvr, tod not si
borrowed from the old desig&a of importations hvofte I
, r l ... 1 a viav nDPffv h!
R F. SNOW,
HONOLULU, H. I.
Was. white bast,
Blue drills,- Suspenders,
Linen toweling. Red. satin.
Genuine Fariam CIeane 1711
V uite water bottles.
Cut goblets. &H
Bay State lanterns,
Blown lanterns, with spring bottom.
Looking-glasses, gilt frames, assorted sises, tins enunx
Sua, Owle-as Test lS-lb boxes.
Mana of the United State.
Bags assted shot,
Selar laiupa Assorted size. I
Polar aide lamps. No. 1 lamp ehitatjt.
No. 1 lamp wicks, . House piper,
I. R. hose and brass hose pipes, Carpet tacks.
Padlocks, brass and iron, Chip's eoapnaa,
Boat's compasses. Deck scripen
Brand' Whaling Gans muA Ireat.
Brtwa'i da. do. do. Gae
Copper pumps, copper Uvlles,
Fluke chain, chain bead straps.
1 wet Catf lax Klks With Chau Ptxwrfi,
Chain can-hooks, boat anchors,
Manila and Hemp Cordajre AssokdJl
Ratline, epunyarn, seizing, towlins. I
1 Cattiaz Fall. Bis new
Rasps and files. Axes, green paint,
Coal tar. black saint, eomnositlou she thin?
Cot nails, assorted sites.
Shook and. Heads,
K.w Tta.l Yi-1 fsil'l.
Hoop Iron, Cooftr'f
Iron bedsteads, 1 French bedsteid.
Rope halters, Jatedrs
Knameled valises, Gunny la
1 fore top-sail,
1 miaen top-sail.
I main tnpsaa,
1 fore-ssil, . .
Just Receive 1 per Brisr "Aloha,"
A M OTHER LATE ARRIVALS, AXD
Jm. ottered for sale by the undersigned, rix:
Twilled hickory and blue and pink striped regatta shirts.
r-arisian wntte and printed bosom shirts.
Figured buckskin, nanklnet and satinet pants, -Black
Orleans sack coats, cotton and silk umbrellas.
. superior matches,
Eau de Cologne,
. And Macassar oiL
. Muller's Celebrated Pale Ale !
Claret, Haut Barsac, Champagne, Turpentine and linseed oil,
Olive Oil, superior German Blacksmith's Coal,
Swedish and English Bar Iron, assorted sixes.
Sheet-lead and Lead Pipe, Guns, Rifles, Gunpowder and 8hot.
HALF-INCU LUMBER. w
149-tf ED. HOFFSCHLAEQER fc STAPEXHORST.
Hani Pine Plank,
Spruce Deck Plank,
lard Pine Rails,
r or sale oy
f - CH AS. BREWER fc
CASES ENAMELED CLOTH, "
Harness and Russet Leather.
Children's Cabs. - ,
Children's Carriages, various patterns, -
131-tf For sale by CHAS. BREWER A CO.
CASKS PRESERVED VEGETABLES,
Brandy Fruits, daily just received per clipper shin
For sale by ,
CIIAS. BREWER fc CO.
PER YANKRR. .
pRESIl MACKEREL, l.V KITS. "
.u rwr, iu glass.
Table sal:, in boxes.
II. W. SEVERAXCE
COOPERS PUNCHING MACHIVRS.
4OOOPERS; PUNCHING MACHINES, :
JLV Cooper.' Truss Hoops, just arrived by the clipper ship
77, or aaie 07
.i?1- CIIAS. BREWER A CO. ''
PU3CH4SEDA.T,Tnf! HIGHEST MAR- TONS BEST ENGLISH COA1.S
ket rates, by 119-tfl CHAS. BREWER k CO. JW . For sale by 4l,r
li. iiiririvtn a, ia
'wfu bT T " SHROUDING
For sale by p. C. WATKR.MAH
vita iiiiun ill t 1:1 1. 1 s nit.
T ket rates, by 1-9 tt CHAS. BREWER af niv just received and for ail. h aaseorted vtdtbe,
aJloi-" : CHAS. nttetrvn a, rr
139-tf urrf - t
j as j.
J. U. 8PALPXNQ
P PO 8ALC-ES 8 ACHE H. r
1 topgallant studding saQ, lmainroyn.
r ire eracxers, spuw-t
Ch.li Cable. . BMVcr?
FAIRBANK'S PATENT PLATFORM
Do. vdo. GROCER' J
Do. do. COUNTER
rted Shelf ardre. new -
lyer's healing embrocation, 1
Cotton bays. I
Worsted and silk coach
y-. . . int bottl-
a- vases quart oouwa, r
Composition and Felt for Fire-PrI j
PRESSKD HOPS, etc, etc, etc, y
Offers for Sale:
Oflfl BBLS. EXTRA MESS BEEr
&Vfl300 bbls prime pork,
106 44 Gallefro Boor, superfine,
100 Hazall do do, i
25 half bbls superfine flocr, ul !
64,000 lbs bread, pilot, navy and ustdsasa,
' t . 25 half bbls crashed sugar, !
60 kem butter,
160 coils New Bedford towUnea,
; 60 bundles navy oakum, '
26 bbls pitch, .
. 60 boxes tobacco, .
1000 rations spirits of turpentine,
tons iron hoops, " & L
300 oils Manila cordage, 6 Inch, .
. a, si, si, a. 21, 4. 2t, 2, SSr
60 coils 6 thread, 9 thread and 12
60 colls Russia cordage, Ti inca m000'""., r
6, 4, Si, 3, 2i, 2 and II Inch. ,
26 coils o, 12 and 15 thread, aeuhtt
Una, roundlruT and houKlin.
Chain cables and anchors,
Copper and Iron spikes, and S loca ,
Ship's cambooses, complete, Jioa. 2 "
Wbale irons, toggle irons.
Whale boats, j
Cottooduck. Noa,J,4,6,andT, !
i0,000 feet white pine boards.
Hard pine heeding, . .:
:. ' gpruce flour boards, ' .
Hard pine flooring; boards. --y
New Gcc;!s ! New te
wrrvivvn vt v VfK'VT A1"
I a v aiv m. ...
! 1. . . MMnnl
- -AKB roa Bala t raw f
DAVIZ3 A 10XrS C-T' TED ; AraV
". '1 ANJJ T.
OOb ! "