The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1859-09-17
ART NO Summary Proc,,a..-.n
mossession Of Land in Cerfoin IL Uncover

- summary Proceedinp, 40 r.
g. oso " Land IN Certain Co...
ments. ~ .nen any lessee of any lands o. ION.
shah hold posss person holding under such ,essse
either by i.s " Of the demised premises. v wi,haa,, lessse'
days, he person. e nld,istiI 70 2, BY a notice to eai. "'a at Ie,, ,,g INT
O. ~ manner hereinafter n divided v ue
= JAY. The person entitled 70 ~.
ice for a writ n "a = apply to any police or district met.
mon civil actions besorr y, 5 ior an original summons in com.
that ~ summoned TO answer the compla;n, r y q, me defendant
asd in question, describing them e wb5ch Of !. the lands or tene-
shall be ~ ~ nght OF the plaintiff, and 40 Other dd a,aay
sec 941. Such summons sh.,,
a trm - uen'enng to the tenant, to whom 4. shan ~ sa.ner
original -. 'nereoi, and at the same time sbor;nr IN 81
residence. BY l lesxin DC absent from his last or usua, p,ace q,
person of mature age re- SSpy ,ersof at such place, with some
sec. 94z- The summons shall no rs,,r,., =,
ice - - ume as shall appear reasonable 10 the ;,,st
shall be Conducted ~ n o.s more than five days ; and the suit
Sec S43. If the defendant shall =. 49,.
- On .ne triai 1t shall be proved to the sat;sf,c,;o, -
ursrts ~ mat the plaintiff is entitled to the uosses;on ~ III
"- ~ ms COSTS and execution shall issue accordinoiy '"e'eo'
2 wrt OF possession shall issue to the Marsha, - o.n.
situated, commanding him to renew Al Ie,e ~ premises are
sas;os . = : &c put the plaintiff or his agent, into the SuI a.
sec 944. The officer to whom sneb wsrra,, fordo
- oahit NC directed and Delivered 10
hereby required to execute the same according to the ,s,n,
Sec. 945. Whenever n varr,,, ,h.u J.. -
aforesaid for the removal of any tenant the contrao.
lr the use Of the premises, il any such exists. and the relation
be cancelled and annuiled. """ "e e"e u
Gee; 94o. The issuing Of such warrant of removal
snan De stayed in the case of a proceeding for the
non-paynent OF rent, if the person owing such rent .baI tesr.
such warrant be actually issued, pay the rent dne. and an tIe
e Z and eharses Of the proceedings; or give such security for
% the justice, or to the plaintiff.
Sec 947. Any justice before whom a suit NAV no
pending Tor the recovery of premises NAV, upon the
PuTpose OF enabling such party to procure his witnesses, when
IN no case, exceed five days.
Sec. 94S. Either party may appeal from the ;udo-
ment OF the justice. at any time within twenty-four
hours after the entry of the judgme- +, to any circuit judge, or
lowance OF his appeal. file with the Justice a bond. with th' s ne
one o' ahnndeey +" doli sure''e w, to the adverse par. ,, in the sum Of
IN case the decision of the justice is affirmed.
Sec. $40. When the defendant is proeeetled ayains,
for the non-payment of rent, and the justice decides
that the plaintiff should have Possession, the def ndant shall
be first gives a bond to the plaintiff, with good and suf6ciens
surety or s1reties, to pay all rent that may accrue and tecome
that the plaintiff was entitled to the possession.
Sec 800. If any tenant. being in arrear for rent,
shall desert the demised premises, and leave the
may. at the request Of the landlord, and Dup upon due proof @t that
= E p ;n a-g,- have been o deserted, by such tenant. leaving
being satisfied, upon such view, that the premises have been so
deserted, he shall ahfx a 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.
Sec. 951. At the time specified in such notice, the
justice shall again view the premises, and if the ten
snt shall appear and pay the rent, or deny that any rent is due
view, the tenant or his agent shall not appear and pay tie rent
in arrear. or deny that any rent is due, then such justice may
Of the premises, to such tenant shall, from thencefcrth, become
void.
Sec. 952. An appeal from the proceedings Of any
justice under the last two preceding sections, may
be taken by the tenant to any circuit judge at chambers, or TO
sion delivered, by serving notice in writing thereof upon such
justice, and by giving a bond in the sum OF one hundred dol
justice, TO pay To the landlord all costs Of such appeal which
may be adjadged against the tenant aud thereupon such just
ice shall send up a copy of the proceedings had before him.,
within ten days after appeal.
Arr. XLI.-Of the -7rrest Of Debtors.
Sec. 953. Upon a complaint verified by the oath of
.he plaintiff in any suit, or some person on his be-
police court, in this kingdom, stating that a defendant has
the payment ef any debt, or any other liability due to such
plaintiff. by Secreting his property. or by transferring, or in
remove the same out Of the Jurisdiction Of such court. or is about
to quit the kingdom, it shall be lawful for such court, upon the
filing Of the bond hereinafter provided, to issue process for the
arrest and detention Of such defendant until he shall have en-
Of such suit. and TO pay the amount OF such Judgment as shan
be rendered thereon provided, however. that no such process
or some person on his behalf, shall have filed a sufficient bond,
in a reasonable amount for the reimbursement to such defend
quersee Of such arrest in case the plaintiff shah fail to sustain
suit
Sec. 954. Whenever any defendant, in one or more
civil actions, is arrested and imprisoned as a frandu-
hs imprisonment, shall be borne by the party or parties at
whose suit he has been arrested.
Sec. e55. For that purpose, the party or parties at
whose suit the defendant has been arrested, shall
70 the officer having him in custody, the sum Of fifty cents
diem. and in case the allowance for the defendants support
Is unpaid az any time for more than ten days, the ofneer having
defendant in custody shall release him from imprisonment
ART. XLH-Oft the Garnishee Process, to Facilitate
The Collection Of Debts.
Sec. $50. Whenever the goods or effects Of a debtor
are concealed in the hands IF his attorney, agent,
factor or trustee, 50 that they cannot be found 70 be attaehsa or
any creditor may bring his action against such debtor, and
giving bond in a sum to be approved by the court, or any
;n-tics thereof. II a court Of record, conditioned to answer all
costs and damages sustained by such attorney, agent, trustee OF
fac.or. In case the plaintiff shall fail to sustain his suit and to
recover therein, in his petition for process may request the court
to insert therein a direction to the officer serving the sane, =
leave a true and attested copy thereof with sucn ATTORNEY; aseht
factor " trustee. or at the place Of his or their usual place oil
aSs go az mon ~ the dsy or term mentioned and appointed in
said process for hearting the said cause, and then ana thsre .
served. had any Of the goods or effects OF the Defendant IN nus
! n 1n - - hin anil The nature and amount Of such debt
xhich summons and direction shall be signed and ssuea III "a
sa-e manner as summons are usually issued in civil actions,
snI shall be served by the officer nc sording to such direction;
from the time OF leaving such copy, all the goods n ds Hss
IN the hands CT such attorney, agent, t.c,oro, ~, - :, 49, IN
Ieht due from such debtor to the defendant, shai . M !"
his hands to pay such Judgment 59.na. = a aff sy p saeh attorney. agent,
actor or trustee, and such notice shall be sufheien. hole og - ~.
he Jeeniant be an iniEabitant Of this kingdom. or has some
10 resided therein, ana then a ike copy shan De server
- nm, him or left II his last and usual place ofaoode-
Sec. 957. Such attorney, agent, factor or trustee
,non his desire. shall be admitted to defend his prln-
FL Il s,ch suit and IL judgment be rendered in favor o the
~ - -,.s 81 he go[.ds and effects in the hands Of such attorney,
49,. f,cfo- or trustee, and the debt due from such DEBTOR,
- nzrt thereof as may be sufficient for thai purpose,
- - lshle 20 nav the same, and the plaintiff, OF praying
MT execution, may direct the officer serving the same = mase
- - - - ATTORNEY. agent, factor or trustee, OF the goods
.saets Of the defendant in his hands, whose MY "
he same to De taken on the execution, ana aso y nan
- - IN snch debtor for any debt, or such part tnereoi $ "a
.,;.fx ssd Judgment, as may be due to the Defendant, anu =
: n - - mt Of me said debtor to pay the samei and II such
= o ~ factor OF trustee. shall have in any manner
A man y ,onis and effects of his PRINCIPAL which ere IN
hanJs when the copy of the writ Was len WITH MIN, au snS
-. c-no< and subject them to be taken on execuIou :. -
shall no, pay to the officer, when demanaea, ue e w%s
: - dss-ndant at the time tie copy Of the writ was FLs ~
i'm such attorney, agent, factor, trustee or 10y as his