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

sou evidences Of indebtedness, or vouchers certain
o. sompn,ab,s BY the court s1s;t. that as, Is e so saSi a n10o oth Rs9m inss1o.
ments. paroi or speciality, the plaintiff in person. N g. r 5 ?, MS a ssa
o os JUSTICE sass o Of The E p court, in a. substance as follows.
The undersigned claims OF - residing az, - jss sta. !.
the case may be, dated -, payable H,a on ami n , rd,n to ps se
same untii this date. (and in case Of fraud or conceaiment, or
other conusiye or deceptive circumstances attendant tpon ~
contracting or the non payment OF the DEBT mere n's'' wv SAM
wherefore, the undersigned asks the process Of this court to
cite the said defendant to appear ana answer TINS denA"u-
Dated day of-,ls-
Plaintiff, o PLAINTIFFS Attorney.
Sec. 11O1. Upon the fling Of such petition, in case
no fraudulent circumstances be alleged by the plain
tif. the clerk shall issue, under the seal of the court, a summons
addressed to the Marshal or bis deputy, which may d IN a io-
he shall ! If file Written answer within twenty days after service
eosrs s5r e the e ana = j rnReal ei ssai = as the Ss' case may s :, at the
the @ @r% day Of 49, next, at - O'Clock A. NJ, to show cause
why ne claim - plaintiff ill.,, should ns, not be AWARDED sas saI to n 7aa
then there this writ with full return of your proceedings thereon.
Chief JUSTICE Of the Supreme Court, at Honolulu,
(seal.) this day of A. d. Is
of a court of record, shall be served by the Marshal
or his deputy, upon the defendant, by the delivery to him Of a
oetiiIsa shall always be annexed a literal copy Of the voucher
upon which j. IS lredicai.ed, Or any there sn.s be- S. or - case se0 the w ds,
some agent or person transacting the business of the defendant,
or ct the defendants last place Of residence.
Sec. 11O3. If the defendant was never an inhab-
liant of the kingdom. (but has property situated
wishin the same) or has removed therefrom, and the fact shall
thereof at chambers, and it shall in like manner appear that a
cause of action exists against such defendant, or that he is a
necessary or proper party to the action, such court or judge
may grant an order, that the service be made by publication Of
the summons.
to be made in the Government Gazette, for such
length of time a 5 may be deemed reasonable, not less than three
court or judge shall, in addition to the publication, direct a copy
| post-ofice. addressed to the defendant, at his place of residence.
When publication is ordered, personal service ola copy OF the
to publication and deposit in the post-ohice. LII either case, the
ton Of the time prescribed by the order for publication.
Sec. HOS. 1t shall be necessary to join as defend
ants in a civil action, all the joint and several, or
s eacilanre' or q orl spa' or Joint np: and several obigors, iess ee. or or
parties Of the first or second part to covenants, agreements and
fulflment thereof but it shall in no case be neces sary to serve
all al. the b ! Joint parties ssss1s saes with st 1a pfos s6sl he seT IsrsI serp P5see nso ap all
for the purposes Of appearance in court, and judgment may be
ever, that no execution shall issue against the sole property of
any joint defendant on whom process was not duly served as
Sec. HOG. 1t shall be incumbent upon every de-
PENDANT served with process of summons as herein
before provided, within the time specified in in the summons or
TO the plaintiffs demand, either admitting all the facts stated in
law to support the plaintiffs demand, which shall form an Issue
of law to be determined by the court, or denying the truth of the
be determined by the jury. After either Of these answers, there
shall be no further pleading.
sec 1lUI. Onder the second answer mentlOneu
in the last preceding section, the defendant may give
in evidence. a 5 a defence to any civil action, any matter of law
or fact whatever.
Sec. HOS. The respective courts of record shall
have power to make such general and special rules,
and orders, respecting notice to the opposing party, of matters
shall he Necessary 70 prevent sunrise. and 70 afford an oppor.
tunity for preparation for trial.
Sec. 1IO9. In case the defendant does not put in
delivery or otherwise. and default in answering, by the clerks
the defendant in default. and Authorizing the clerk. II the demand
be upon a promissory note or any other voucher contemplated
by section 100, to assess the amount of the plaintiffs claim,
principal, damages and interest, and to enter up Judgment
therefor and for the costs.
Sec. ITO. In actions where the service of the
summons was by publication, the plaintiff, upon the
may, upon proof of the publication, and that no answer has been
filed, apply for Judgment and the court or judge at chambers
toned in the complaint, and shall require the plaintiff or his
may have been made to the plaintiff, or to any one for his use
on account of such demand nd may render judgment for tn
amount which he is entitled to recover.
Sec. I'LL. In case the defendant shall put in an
answer denying the truth of the facts set forth in the
p aintif's petition, which answer shall be called the general
causes triable in the court in which the action was commenced.
Sec. 11I2. In case the defendant shall put in an
answer admitting the facts stated in the petition to
he true. and denying that they are sufficient in law to support
the plaintiffs demand, which answer shall be called demurrer.
the plaintiff shah join therein within twenty days on pain of
being defaulted. and may apply to a Judge at chambers for a
hearing and decision of the Issue.
Sec. 1113. The judge so applied to shall have power
to cite the defendant. appoint a day for argument.
cite witnesses to prove collateral facts involved, and to decide
the Issue, subject to exceptions by either party.
Sec. 11l4. If either par take exception to the
decision of the Judge at chambers, the cause may be
placed upon the ca sndar OF motions, with the decision of the
judge Mt chambers, to be re considered by the court in term time,
at the cost of the party losing.
Sec. 1115. If no exceptions be taken at chambers
to the judges decision of a question of law, and no
question Of fact remains to be decided at the term, the judge
shall make an order to the clerk to enter up the judgment
awarded by him upon the issue, which shall be valid. subject to
an appeal to the court in banco.
ACTIONS UPON UNLIQUIDATED DEMANDS, sc.
Sec. 1116. In all civil cases involving unliqui-
dated demands constructive, implied, suppositious or
hypothetical right o n the part of the government, o of any
private person, corporation or other party, being plaintiff, to |
recover money or damages pursuant to the words, or the spirit
or intent Of any law heretofore, now. or hereafter to be passed,
or of any instrument in writing signed by any party, or of any
verbal understanding, contract or agreement, or in consequence
of any injury direct or consequential to the party plaintiff, or
to his property, real or personal. or to his character, or his feel
ings, the plaintiff in person. or by attorney, shall file with the
clerk Of the court, a petition for process, in substance as follows:
The undersigned claims of--. defendant, residing at
-, island E, the sum of-d dollars, for damages result
ing to him Tor as the case NAV be, for injury done by said de-
PENDANT to (the person. the property, the character or the feel
ings Of the plaintiff, as the case may be- in that the defendant
did (here set forth the cause and the manner in which the injury
was done. oircumstantially with the view tn PROOF which the
plaintiff alleges was done in contravention of his private rights
Wherefore the undersigned asks the process of this court, to
cite the said defendant to appear and answer this his complaint
q Jury o. q Country" %uesd At =, he ne ; ~,% term Of tins court
Sec. I'LL. In all cases contemplated by the last
preceding section, the plaintiff may, according to
circumstances, include in his petition an allegation that the de-
PENDANT is sccreting his property, or disposing Of the same, or
damaging or wasting the said property. and thereupon ask for
process u attachment, or Injunction, or personal arrest, against
CTo be continuei9
A T. O Fl A