The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1859-09-24

sion, shall file his interrogatorles win ms sworu PEI
ton, and shall suggest for the consideration OF the COURT,
judge, suitable persons being disinterested and u artiai. \
commendatio-s and Heterogeneous upon the adverse party, and
ing any objections which may be urged against u
Sec. 1928. If the motion is granted, the court Of
judge may make an order upon the adverse party.
requiring hir to file his ross-interrogatorie within Even 'imf;
the interrogatories be crossed, or if the adverse party neglect o.
refuse fs to to cross them pursuan, to order, Ssssd the ,ss eS ;%serr 9 y su"ss an m
direct the commissioners to cite. and with the AID u q Sca .
authorities, to compel the attendance and deposiuo" on "a" p"
the witnesses named therein.
Sec. 1924 No such commissioner shall be autnor-
;zed to put any other question to- a witness than those
appended to the commission. The witnesses shall sign their e
spective answers as given, and the commissioners shall certify
the same, and transmit them sealed, to the clerk Of the court, to
shall be received as valid evidence in such case, unless impeach-
ed forsraud or collusion, or gross improperly.
Sec. 1925. Any party to a civil suit pendlng IN
any court of record, may apply to the court IN term
time, or to a justice thereof in vacation. upon affidavit, giving
such application, for a commission to take the estimony of any
material witness, to be used at thstriaI of the cause, where such
he will not live till the day of trial.
TRANSCRIPT OF JUDICIAL RECORDS
Sec. 1926. A transcript of any of the records and
judicial proceedings Of any court of record, or OF any
judge of a court of record at chambers, shall be admitted in
evidence, upon being authenticated by the attestatlon y ,he elsrn
of such court. with the seal Of such court annexed, or Of the Judge
at chambers before whom the proceedings were had' Win tne
seal aforesaid.
Sec. 1927. A transcript from the docket of any cir
cult Judge at chambers, or of any police or district
Justice. of any Judgment had before him Of the execution issued
thereon. if any, and of the return to such execution, if any, when
subscribed by sail judge or justice, shall be evidence Z prove
the facts stated in such transcript, in any other court.
ART. L.-Of Equity, admiralty. and Probate
Matters.
Sec. 1928. All applications for the foreclosure of
any mortgage of real or personal property; for the
abatement of nuisance, public or private; for the annulmsnf
Of charters and other corporate rights. or for restraint or prohibi-
tion in the exercise thereof; for proclamation by scire Jacias;
for sequestration of property upon legal O. equitable groundsi
me- fa " aa ar i rnsr% % 81 FIN Innpcy 9 INSANITY; O for inaui-
rios do ,pofrp - e0icienfo tn determine the right OF property.
shall he by sworn petition addressed to some court, Or JUSTICE
having jurisdiction thereof.
Sec. 1929. Upon the fling Of such petition, the
court or Judge shall determine. er parte, upon the
prOpriety Of granting the process prayed for. In cases not de-
before issuing process, grant an order to show cause, and make
any interlocutory order in the NATTER which may appear heces-
sary to the ends OF justice.
Sec. 1880. When process is issued in any such
case, it shall be served by delivery of IA copy OF the
petition and of the sum mons to the defendants, n IN ease thsy
cannot he found. by leaving such copy with some one upon The
premises involved in the controversy or in such other manner
service Of the process shall also, If SO directed by the court or
judge, publish in the Government Gazette a notice oil SUCH SUIT
show cause against it, at the time and place appointed for the
hearing.
Sec. 1881. The court or judge may assess the
amount due upon mortgages, whether of real or per-
sonal property without the intervention of a jury, after hearing
2, the parties MI Ssc ana =, od %a entered o. for p ,b p.s amount "a awarded. and
execution to be issued thereon. subject to appeal in all cases
court.
Sec. 1882. All prior and subsequent mortgage
creditors, whose names are or can be discovered by
a ae Rati and II discovered before the day appointed for
hearing, they shall be served with copy of the petition
Sec. 1888. Mortgage creditors shall be entitled to
payment according to the priority of their liens, and
not pro rata ; and DEGREES of foreclosure shall operate to ex-
tinguish the liens Of subsequent MORTGAGES Of the same property
The surplus after payment of the mortgage foreclosed, shall be
applied pro tdnto TO the next junior mortgage, and so on to
the payment, wholly on in part, of mortgages junior to the one
Sec. 1884. The mortgagor, or any subsequent,
yporfuao moo m appeara and answer matter of fact or \
foreclosure. and shah he allowed to show any matter in legal or
equitable avoidance of the mortgage.
Sec. 1885. All applications for the foreclosure OF
any hypothecation or other maritime lien, upon any
Of ss ssIrors' . : Of y material men, or for damages in cases Of COLI
sion, or for the forfeiture of any vessel or other property for a
right Of action arose without the jurisdiction Of this kingdom,
shall be by sworn petition. in the nature of a libel, addressed to
the Chief Justice. or first Associate Justice OF the Supreme
Court.
Sec. 1886. Upon the filing of any such petition, the
Of granting the process prayed for. He may, before issuing
process, grant an order to show cause, II in his opinion advis-
Sec. 1897. When process is issued in any such
case. it shall be served by delivery of copy of the
petition, and of the judges citation, to the defendants, or in
case they cannot he found, by leaving such copy with some one
upon the vessel libeled for foreclosure, or attached for payment
laws r If service cannot be made as aforesaid. 1t may he
made in such other way as the Justice shall specially direct As
the discretion CT the justice, publish in the Government Gazette.
s aSa sne or p pepeee as ne attachment, %sg Z sssm in seniss' foreclosure e a Q % q ' sale
upon hypcthecation, or maritime lien, or forfeiture, and inviting
all persons interested to show cause against it on or before the
day assigned for the hearing.
Sec. 1888. In all srch cases the, the justice may
hear and determine the controversy, without the in
for the purpose Of trying the facts involved in the cause. in ac,
cordance with the provisions of section s5t After hearing of
the facts being rendered, or the decision b.irg pronounced by
the justice, he shall order the clerk to enter up Judgment there
execution thereon as In cases not maritime.
Sec. 1899. When an appeal is taken in any such
cause, from a decision rendered by the justice with
out the Intervention of a jury, the case on appeal shall be heard
and determined by the supreme conrt in banco.
Sec. 1910. Hypothecations and maritime liens
shall follow the course of the law of nations, the law
Of the place Of the contract, the law maritime and the law mer-
chant in like cases, which the judge or court shall apply there
to, and to the apportionment and distribution of the proceeds
arising therefrom.
Sec. 1241. Matters of probate and of administra-
ton, shall be heard and determined by the judge or
court having Jurisdiction thereof without the Intervention of a
jury.
Sec. 1912. In all cases in which any person,
whether subject of this kingdom or otherwise, shall
kingdom Of his or her property within its Jurisdiction or abroad,
posing Of his or her property in this kingdom, it shall be incum-
bent upon the person named as executor Of such viii, or on the
charge the same was deposited. or some person in behalf Of
those interested, to apply to some judge Of a court Of record, at
nesses thereto, and Of the next of kin of the deceased.
Sec. 1913. 1t shall in like manner be incumbent
on the person entitled and DESTROYS to administer,
according to the priority Of right hereinafter prescribed, upon
the estate Of any person dying interstate in this kingdom, and
In this kingdom, to apply by petition to some Judge OF q court
Of record, at chambers, for power to administer thereon.
Sec. 1914. All applications for probate of wills, or
for letters of administration, shall be by sworn petit
tion, in which the party shall set forth circumstautialy all the
facts upon which his application rests
Sec. 1245. In the appointment Of administrators
upon the property Of deceased persons, the following
order Of priority shall be observed
i. The husband Of q deceased wife
2. The ~sfe Of deceased husband
s.. The children being major
4. The brothers and sisters Of the deceased
8. The cousins german Of the deceased
@. Any bona de creditor applying for administration
Provided, however, that the judge may, for satisfactory cause,
disregard the order Of priority herein prescribed.
Sec. 1916. The judge shall make the necessary
orders for, and prescribe the length Of time during
which, executors and administrators shall give notice to credi-
tors and debtors Of the estate, and for the nling Of Inventories Of
the assestsL
Sec. 1247. Executors and administrators shall in