The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1859-09-21

rsarnsa u-ns.sIsasa .hsay : ]. - ~ i.ns = .ll.s ssssu.
circuit, for the saasfaction q 1900 Nnaindes q he JadGs
. %sus o. ana s.: sadiaUn al, se 81 sx sc ! han snd bs $4,000 ssreed Sg tie Mar ..
shall, or his deputy, in like manner ~ The original
Sec. 1881. No original execution shall be issued'
unless within one year after the party shall be en-
titled to sue cut the same, and no alias, Or other successive exc.
within one year AFTER the return day Of that which preceded it,
Sec. 1882. If o judgment remains unsatisied, after
the expiration of the time for taking out execution
thereon, the plaintiff may have q sore "a ;nsa % 0ntam ta = ne : y
action Of debt thereon.
Sec. 1893. ANY Judge of a court of record may, by
order at chambers, in any cause in which an execu-
ton shall have been issued, grant a stay thereof in the officers
hands, for equitable able r easo%s,, when S;n,n ? 9 d Sapd a q sser q sI rr is Is
payment with costs up to the said stay The property levied
apS in se ease at =. the end sIs Of the so time accorded ssd the condition Of such
bond be not complied with, the plaintiff i. execution may elect
whether to proceed to the sale OF the levied property, or to en-
force the bond: provided. that If the levied property be not sufi-
s siens. 4 th e ssa y Inclusive sIusment the ss sure tie ii in the he bond shall be az
swerabie for the deficiency. And when justice St :. may may. require re- the
return to any exc Non. and judge Of a court of record shall
have power so to order.
Sec. 1884 Bond of indemnity given to an officer.
as provided in section PA, shall be collectable by the
officer receiving he same upon citation to show cause and proof
the damages to be assessed thereon shall be the amount recov-
cred against the said officer, with interest and costs of suit, and
the expenses OF such citation and judgment OF indemnity, Tor
which execution may be issued against the co-ooiigors, both
Jointly and severaiy, leviable as in other cases of indebtedness.
Sec. 1885. The following property when owned by
any person, being a housekeeper and having a family,
shall 4ma BE s, sSs%P Pib from 9.% eSK a nIstu sn.s and %n s ssSooa books, Two swine
or six goats, and all necessary hsh, meat, flour, and vegetaSles:
still growing or ungathered; All necessary wearing apparel,
mats, beds Ded haes =. and !, p Sss;sn ,n !, c suen i pesso u a . m =
table, six chairs, six knives and forks, six plates, six tea cups
pot and six spoons; The tools and implements of ANY mechanic,
ssx sais- . ia ea SnI.l9 T 4 n Uniform OF Q a Das'o oaieer 1 q private efaeei be-.
longing to any Of the military forces of the kingdom, and his
arms and accoutrements-
CHAPTER XIX.-OfMe Time Of Commencing Per-
sonai Actions.
! Sec. 1896. The following actions shall be COM
menced within six years next after the cause of such
action accrued, and not after
CONTRACT u; Asti obi1 ff t@e or re isSnisv o. es any nsas sn acnna as are rp Sroa ads
upon the judgment or decree of some court Of record; 2 Actions
cord; 8. Actions of debt for arrearages of rent; a. Actions for
sresp ass, upon . land; o. A c'n,Tss for ss taking = OBTAINING rsn,arsg: n q 5 jssa :
actions on the case for criminal conversation, for ibeis. or for
are specified in the next two sections :,
Sec. 1887. The following actions shall be COM
menced within two years after the cause of action &C
1. Actions for assault and battery; ?. Actions for false impri-
sonment; 3. Actions for words spoken slandering the character
special damages are sustained; 5. Actions against the Marshal,
liability incurred by them by the doing any act in their official
capacity, or by the omission of any official duty.
Sec. 1888. 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, > /
Sec. 1899. If any person entitled to bring any &C
ton in this chapter specified excepting actions
the h cause Of action accrued be, either '"A - 's '"'
l. Within the age Of twenty years: or, q Insane; or, 3. I'm
prisoned on "a criminal charge, or in execution under the sentence
Of a criminal court for a term less than his natural life; or, L.. A
married woman: such persons shall be at liberty to bring such
such disability removed
Sec. 1910. If any person entitled to bring any &C.
ton in this chapter specified, shall die before the ex-
piration Of the time terein limited for the commencement of such
suit, If such cause Of action shall survive to his representative,
time and within one year after such date, commence such action;
but not after that period.
Sec. l041. 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 kingdom, such action may be com
return Of such person into this Kingdom; and il, after such cause
Of action shall have accrued, such person shall depart from and
deemed or taken as any part of the time limited for the COM
mencem-nt Of suck action.
Sec. 1912. When an action, commenced within the
time prescribed by law, shall abate by reason o: the
death Of the plaintiff, if the right Of the action survive to his re-
representatives., his executors o administrators may, within one
year after such death. commence a new action.
Sec. 1913. Whenever the commencement of any
suit shall be stayed by an injunction of any court of
equity, the time during which such injunction shall be in force,
shall not lie deemed any portion of the time in this chapter Iimi-
ted for the commencement of such suit.
Sec. 1914. When a suit shall be alleged by q plain
tiff to have been commenced within the time required
ant, il 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 in the manner required by law; or that any means
whatever were used by the plaintiff, or is attorney, to prevent
the issuing thereof.
Sec. 1915. Upon any such matter being established,
or upon its appearance in any other way that any
process was issued without any intent 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.
Sec. 1916. No person shall avail himself of any dis
ability enumerated in this chapter, unless such disa-
binty existed at the time his rgh, 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. 104S. The provisions of this chapter shall not
a yfan6 n N action uhtch - - Shal ho .tta hu
statute to be brought within a shorter time than is herein
prescribed; but such action shall be brought within the time
limited by such statute.
Sec. 1919. II any person who is liable to any of the
actions mentioned in 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 person who is entitled to bring the
same shall discover that he has such cause of action, and not
Sec. 1850. All the provisions of this chapter shall
apply to the case of any debt on contract, alleged by
Of such debt shall be computed in like manner ma as Il Il an
action had been commenced therefor, at the time when the
plaintiffs action commenced.
Sec. 1851. Every judgment and decree, in any
court of record of this kin iom, shall be presumed to
judgment Or decree was Dndered-
Sec. 1852. In all cases where the right of action
shall have accrued previous to the first day ofAugust,
be commenced before the first day Of August, A. ID. 1859;
suhject. however to the provisions of section 1899.
CHAPTER XX.-Of the Prevention Of Frauds and
Perjuries in Contracts, and in .7ctions
Founded Thereon.
Sec. 1858. No action shall be brought and MAIN
tanned in any of the following cases First To charge
an executor o administrator, upon any special promise to
damages out OF his own estate; Secondly: To charge
any person. upon any special promise to answer for the debt,
iefault or misdoings Of another; Thirdly: To charge any person,
an agreement made in consideration ofmarriage; FourthIy: |
Upon any contract for the sale Of lands, tenements or heredta-
nents, IT Of any interest in or concerning them; Filthy: Upon |
my agreement that is not to be performed within one year from
upon which such actions shall be brought. or some MEMORANDUM
note thereof, shall be in writing. and be signed by the party
o be charged Herewith. or by some person thereunto by him
lawfully authorized l.
Sec. 1854: The consideration of any such promise,
contract or agreement, need not be set forth, or ex-
pressed, in the writing signed by the party to be charged there
but may be proved by any other legal evidence.
Sec. 1865. No action shall be brought and main
tained, to charge any person upon, or by reason of,
my representation or assurance, made concerning the character,
,onduct, credit, ability, trade or dealings of any other person,