The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1859-09-17
bpAntboriitp,

A'AI VII OOIDE
OF THE
WAIlAN ISLANDS
N5ntinucd from Fourth page.l
CHAPTER Xv.-OF THE ISLAND COURTS ",
OF RECORD. aof
ART. XXXVI.-O the Police Cour,.
Sec. s92. One of the district justices ap,o;n,.,
the first district of Oahu shall, by annoi;p,nUa Tor
Police Justice for the port of Honolulu; and one m ,haauneht, Be
ed for the first district OF Maui, shall be Police Jns,Sa alp"nt.
Pc port He .. aah shali s and Police Ss q da ssGss a edr DIN for .as first ds =,
Sec. 1893. The several police justices shall
cases, preserve in written detail, the minn,.A al
proceedings Of their trials, transactions and judpman,V aud
shall have original jurisdiction Of torts and Of wrann They
upon the high seas; and upon the waters within H. y arising
maritime jurisdiction, and of controversies arising h., ,slstyi
| masters and crews Of vessels, domestic or foreign. :, &C Tie
to interfere with the jurisdiction of foreign consul. NJ n", however
| stipulations, and in cases of felony committed upon usI Treaty
seas, they shall have jurisdiction to examine and perns, ~ hn
| evidence thereof, to commit the accused for probabIs re.a&eln
to certify the facts and reasons OF such Commitment - = and
domestic forum. They shall have exclusive origin ni5 offender to his
within their respective districts, over all police cases nrnHn7on
| over all cases where the amount Of property in dis-rp,a yrI,alf
| exceed one hundred dollars, wherein one or both - a sal not
are foreigners. Their criminal jurisdiction SHAH be Coz os pnas
| with their respective circuits, for the purpose Of the .S AenaT
| animation, commitment, and enlargement of parties acc,ssIa
Sec. 1914. The said police justices, when annEoa
and rendered the costs of process, shall issna ~
mons to any party or parties defendant, within their rssrs sua-
JuTtsuiCtiouS,S q SuSh P"it1 " parties 10 anna, =,
show cause why judgment shoiid not be rendered ne ~ .
plaintiffs demand. IF a defendant 50 summoned do no stpsm l
at the time and place cited in such summons, the os,be ttp11
officer that it was daily served upon the defendant nrr.~.S
shall authorize the justice. il the claim be upon a note S1s
render judgment therefore, and for the costs, as by defsrl, ~
| out further proof; II upon an account or book debt. he st,nYuf
cr parte proof that the debt honestly accrued, and render ~.
ment according to the evidence, er parte upon default; 4 M! nDs
| a contract. agreement or promise, written or verbal OH sPn
a note or book debt, the justice, if the defendant has been I VA
sonally served with summons, and do not appear at the y.
set, shall, upon hearing the plaintiffs evidence or pTr,s 2
judgment for default of appearance, according to the rirbt ",a
matter involved. II the defendant appear and deny the usbTI,-
| the justice shall allow him full latitude to show causa ,D5M9y,
this purpose may grant sufficient time by adjournment ~.
subpoena witnesses and compel their attendance by anachn.-s!
| and shall decide the matter at issue between the bsrtiss a1M
ing any offsets in deduction of a plaintiffs demand, thai ma
have been proven by a defendant, and In case such oHss,, ~ s
coed the plaintiffs demand, he shall render judgment fr ~, NJ
excess in favor Of the defendant.
Sec. S95. The summons SO to be issued by to
police justices, shall contain a notification to the IA
PENDANT. that if he fails to attend at the time and place n :,
designated in the summons, judgment viii be rendered arsa.
him er pdrfe, by default.
Sec. 1876. Each Of said justices shall keep a doc.s,
in which he shall enter every cause by him deter
mined, with the substance of the testimony and facts uron whis,
his decision rests He shall conclude each case with the rarr.
ular nature of the judgment or decision rendered; and n srl
cases the amount thereof, If in money, or the object there, y
not sounding in money.
Sec. 1877. Upon sworn complaint being msde il
writing, to either of said justices, bv a party plain,;s
or some person on his behalf, setting forth that his demand va
contracted in a fraudulent or deceitful manner, or upon hLe y
unfounded pretences by the debtor, OF that the debtor Lsrto.
honestly contracted the debt or obligation, seeks to avoid Il, h.
payment tnefeoi, % sccrctiIH HS iIOptHy, o r u intention Ia
transfer the same to some third person with that obi1- ~ 70 =
about to remove his property out Of the district, or if moi trshie
before the police justice, that he fs about to remove it from n.
circuit, or is eluding the service OF summons, or IS about to quit
the circuit, said justice may issue an attachment against In
property of such debtor at the suit Of the plaintiff, which mayby
in the following form
To any constable of the district of -, Island Of Nil.
You are commanded to attach and safely keep the properties
-, if any can be found within this district, subject 10 In
order Of this comt, Tor other court as the case may be- Il The
for Obligation. as the case NAV bel alleged to be due him s.
said -; and having so attached, you are further COMMANDED
appear and answer the complaint and demand of said plsnts
before me at on the - day Of -, Tor before another
show cause, il any he has, why Judgment should not be rsuSe.
ed against him, and the property attached subjected to exeru.
costs.
Notify the said -, that upon default to attend at the tin,
and place above mentioned. judgment will he rendered agsias
him er parte by default.
Given under my hand this - day of IS.
Sec. 1913. In case such sworn application be mad.
to either of said justices, in. any matter of indebted.
ness greater in alleged amount tnan one hundred dollars. tn,
summons and attachment shall be made returnable to the Gu.
cult or Supreme Court, and the constable shall return the san.
to the court In any such case. it shall not be lawful for TIC
justice to issue attachment, until the applicant shall have DE-
posted with him a bond in a petal sum at the discretion Of d,
justice, with one or more suretIen tobe approved by said justice
conditioned for the payment Of an the costs of the proceeding
court, ana the damages suseained - the deIendanI by reasooc
substantiate the truth of his complaint, at the return Of The writ
or in case the attachment shall be dissolved before that time by
order of a justice Of the Supreme Court at Chambers.
Cec. O15. In CASE SUCH dppucat1OQ De made for a.
tachment to an amount not exceeding one hundred
dollars. the summons and attachment shall be returpabje within
ten days after summons served, before the justice issuing he
same, and shall be by him dissolved, in case the applicant fsltc
establish his claim, on appearance and contest of tbe meris n
the defendant ; but in case the defendant make default, r an
pearing, the plaintiff substantiate his demand, the property A.
tached shall he liable to execution at his instance, and shah b.
levied on. advertised and sold, as in other cases, subject to be
right of appeal, and subject to the rights 81 properly in thin
persons.
Sec. 300. Every attachment issued as aforesaid
shall be imposed by placing the property in security
for greater safety. The officer so attaching shall take an inrsn.
tory thereof, and append a copy Of the same to his return des
the defendant, and If the property attached be lands or tene-
ments, post in a conspicuous place upon the premises, a pubHt
notice OF the following import
These premises are attached by virtue of a writ from =
-, Esquire, Police Justice of -, returnable at -,n
The - day of at the suit and complaint of -,
Dated = day of -, IS.
Which notice, il the attachment be dissolved by a justice Of
the Supreme Court at Chambers, or by non-appearanced the
plaintiff on the day indicated for return, or by failure TO sustain
his claim by satisfactory proof, or by the recovering OF an ofst
balance by the defendant, shall be removed from the property. II
the property attached be removable. the said cons; able shall ps
in three conspicuous places within the district, q notice as fOaoEs
r. 'lrtue of a writ from - Esquire, Police Justkcd
suit of -, for - dollars, have attached. sulsa b
a demand to tie proved, the following articles of property, VIZ
notified TO prove their claims on or before the return day sSss
named.
IN case the attachment and summons be returnabe at the Cir
tu'NOt AuptCui 1Outt. tht ~ % II ltldlO Shall, IN alllAhuh
the above local notice from the constable, post the lke nothr,
signed by him or his deputy, in three public places at the seated
such court.
Sec. 9Ol. Upon application made te either Of said
justices. under oath, showing good and Satisfactory
reasons for believing that any person within his district is wrong
FULLY secreting property OF another. or OF his own, to the prov
dice of another, and upon bond to the said suspected pasn
fled With said justice as in the next succeeding section pres7b
ed, said justice shall have power to grant a warrant 10 ssanu
the person or premises of said suspected person, and to tasetr
property secreted by him, for some judicial purpose to be sa'a
In the application, and the legality of which shall be d tennln''
by said justice. Said warrant may be in the following fani-
To any constable Of the distIict of -, Island Of -,HE
Information having been given to my satisfaction, by tfe4n
OF -, that -. residing or baing in said dsasSS
is wrongfu.ly secrtting (he-e specify the properly II Pssog
belonging TO said informant, Tor any other person for Wh0m
apphes) with intent to defraud lhe sail informant, Tor othefPH
son IN whose behalf be appies) and the said - hasne
deposited a bond, with approved security, conditioned to sHsSa
the said -, for all damages, Gusts and charges. to arise p
sequence OF his act in this respect, If adjudged to be a wrong"
trespass.
You are commanded to search the person and premises OIL
said to discover, II possible, the property sfoFeeN,
ms Tor that purpose, IL necessary, to break locks, doosA~
bolts and IL opposed, to secure the persons opposing, unA?%
shall have completely searched his person and premises Az
having found, to safely keep the same, to the end that JaS"N
may be done to the said -, in the premises
You are also further commanded to apprehend the ssh
-, and to bring him forthwith before me. TO answer TO shr
legation OF wrongful, fraudulent or felonious, as the case "s
be) conceclment, as alleged against him by the said
Make rcturn OF this writ, and of your proceedings mI0-