Polynesian., 1853-07-16
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AN ACT .sst.
PROVIDING SUMMARY PROCEED
INGS TO RECOVER POSSESSION OF
LAND IN CERTAIN CASES.
m - .approved July 9Th, 1853.
WHEREAS there is now no way of removing
tenants wrongfully in possession of lands,
| but by the long and tedious process OF a
suit of ejectment, 20 lou '5a
Therefore,
Be 1T ENACTED by the King, the Mobiles
and the Representatives. of the Ha,caiian Is
lands in Legislature Council assembled:
! Sec 1. When the lessee of any lands or
tenements, or any person holding under such
lessee, shall hold possession Of the demised
premises, without right, after the determine
ton of the lease either by its own limitation
or by notice to quit Of at least ten days, the
person entitled to the premises may be re-
stored to the possession in the manner here
matter provided. -,f ai.5 zr.saia al
Sec g The person entitled to the possess
sion of the premises, may apply 10 any police
or district Justice for writ in the form used
for an original summons in common civil ac-
tions before such justices, in which the defen-
dant shall be summoned 10 answer the COM
plant of the plaintiff, for that the defendant
is in the possession of the lands or tenements
in question, describing them, which he holds
unlawfulIy, and against the right Of the
plaintiff, and no other declaration shall be
recognized .... ,.'.r. sas a ss
Sec. 3. Such summons shall be served
either, rs yd7f- .m
l. BY delivering to the tenant, to whom it
shall be directed, true copy thereof and at
the same time showing him the original, or
g If such tenan: be absent from his last
or usual place of residence, by leaving a
copy thereof at such place, with some person
of mature age residing in the premises.
Sec 4. The summons shall be returnable
within such time as shall appear reasonable
to the Justice, not less than three nor more
than FIVE days, and the suit shall be conduct
ed like other civil actions before such Justi-
ces.
Sec 5. If the defendant shall be default
ed. or if on the trial il shall be proved to the
satisfaction of the Jssice, that the plaintiff is
entitled to the possession of the premises. he
shall have judgment for the possession there
OF and for his costs, and execution shall issue
accordingly.
The writ Of possession shall issue to the
Marshal, or TO any sheriff or constable of the
city or district where the premises are situ-
ated, commanding him TO remove all persons
from said premises, and to put the plaintiff or
his agent into the full possession thereof
Sec g. The officer to whom such warrant
for delivering possession shall be directed
and delivered, is hereby required to execute
the same according to the tenor thereof
Sec T. Whenever a warrant shall be
issued as aforesaid for the removal of any
tenant, the contract for the use of the pre-
misses. If any such exists, and the relation of
landlord and tenant between the parties,
shall be deemed to be cancelled and annulled.
Sec. g. The issuing of such warrant of re.
moval shall be stayed in the case of pro-
ceeding for :he non-payment of rent, if the
person owing such rent, shall, before such
warrant be actually issued, pay the rent due,
and all the costs and charges of the proceed
ings; or give such security for the payment
thereof, within five days, as shall be satis-
factory to the Justice or to the plaintiff
Sec g. Any Justice before whom suit
may be pending for the recovery Of premises
may, upon the request, OF either party, ad7
iouru the hearing of the suit, for the purpose
of enabling such party to procure his wit.
nesses when it shall appear to be necessary;
but such adjournment shall in no case exceed
FIVE days. --
Sec. 10. Either party may appeal from the
Judgment Of the justice, at any time within
twenty four hours after the entry oc the
judgment, to any Circuit Judge. Of, to the
Supreme Court; but the appellant shall, be-.
fore the allowance of his appeal, file with the,
Justice bond, with sufficient surety or sure
ties, to the adverse party, in the sum OF one
hundred dollars, with condition to prosecute
his appeal without delay, and to pay all the
costs arising from the appeal, in case the de-
cision of the justice is affirmed.
Sec. H. When the defendant is proceeded
against for the non-payment of rent, and the
Justice decides that the plaintiff should have
possession, the defendant shall not be allow
ed to keep possession and take his appeal,
unless he first gives a bond to the plaintiff,
with good and sufficient surety or sureties,
to pay all rent that may accrue and become
due after the appeal; provided it shall be
finally determined that the plaintiff was en-
titled to the possession. ior
Sec. 10 If any tenant, being in arrear for
rent, shall desert the demised premises, and
leave the same unoccupied and uncultivated,
any police or district justice may. at the re-
quest of the landlord, and upon due proof
that the premises have been so deserted, by
such tenant leaving rent in arrear, 60 upon
and view said premises; and upon being
satisfied, upon such view, that the premises
have been so deserted, he shall affix notice
in writing upon a conspicuous part OF the
premises, requiring the tenant to appear and
pay the rent due, at some time in the said
notice specified, not less than ten nor more
than thirty days after the date thereof. p
| Sec. l3 At the time specified in such no.