The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1874-08-26
AN ACT
To Quiet Titles in Lands Claimed by Right of

of the Hduaiidn Islands in the Legislature Of the
Kinqdon assembled
SEC. 1. ANY person claiming title in the fee Of
land by right of inheritance may file his sworn petit
ton with any justice OF .he Supreme Court, or OF
any Circuit Court within the territorial jurisdiction
of which Circuit Court the land claimed is stu
ated but II there be lands claimed under the same
title situate In two or more judicial circuits of the
Kingdom, any justice of the Supreme Court or the
Circuit Court within whose territorial Jurisdiction
the deceased from whom the landslare derived, had
his residence, may have jurisdiction; and the said
petition shall set forth as follows, to wit:
First Name and residence of petitioner.
Second. Location and brief description of land
claimed.
Third Whether or not the petitioner is in actual
possession by deed or otherwise with claim OF own
ershp of fee; the names and residences of persons
who are in such possession.
Fourth. Name and residence of ancestor who
last died seized and possessed OF said land in fee
or under land commission award, royal patent, or
under presumptive title the date and place of such
ancestors death, and if intestate or not, and if
widow, children, or statutory heirs survived him, if
so, name them fully with their residences.
Fifth. Names and residences of parties claiming
title in said land if known to the petitioner.
Sizth. Prayer for process to claimants to come
and shew cause why petitioners claim shall not be
confirmed by decree of court, and for public notice
TO all concerned.
SEC 2. On payment of costs required, process as
prayed for shall ISSUE returnable before such justice
of the Supreme Court or TO the Circuit Court sit
ting in banco at the regular term of Court, which
shall ensue next after the expiration of twentyonc
days from the service of such process the parties
claiming such and notice of such petition and time
and place ordered for hearing the same, shall also
be published in the English language in an English
newspaper and in the Hawaiian language in Ha-
waiiau newspaper, in Honolulu, for not less than
three weeks before the first day of the term at which
the petition shall be in order for hearing in case
shall such petition be heard until the foregoing pro-
visions shall be compiled with, and an affidavit of
publication of such order be filed.
SEC. s. Such petition shall.be heard by such jus
ticc of the Supreme Court or by the-Circuit Court
in banco at the regular statutory terms of the Su
preme Court or Circuit Courts and at other times
and the proceedings shall be had according to the
usual course of proceedings in Equity by UiUd Uoce
evidence or by interrogatores and crossinterroga-
tories duly fled and the evidence of parties to the
suit or in interest may be received.
SEC. 4. If the said justice OF the Supreme Court
or the Circuit Court shall be duly satisfied that the
petitioners or other claimants claim is substanti-
ated in whole or in part by legal evidence he or it,
may issue decree setting forth the proceedings had
in the cause and adjudging the petitioner other
claimant TO be entitled TO said land in fee in whole
or in part as may be shown, and enjoining all per-
sons from interfering Herewith.
SEC. 5. If no appeal be duly taken from such de-
cree, or if appealed FROM whenfBal decreeis made,
a copy thereof shall be filed by order of the Court
with the Registrar OF Conveyauces within sixty
days OF the date of said Decree who shall record the
same in books of record kept for the purpose, and
such record shall be notice TO all persons of such
decree, and such decree when recorded, or a GER
titled copy thereof, may be pleaded in bar of any
subsequent action brought by parties privies of
the original proceedings herenbefore provided for.
SEC. 6. Appeals from such decree may be taken
by any party to such proceedings, within ten days
after the same shall be rendered, due notice of the
rendition thereof being given, by payment of all
costs accrued aud on depositng with the Appellate
Court ten dollars for costs thereafter to accrue APP
ueals will be taken on the record which the justice
the Circuit Court that rst hears the cause will
make or cause to be made including statement of
the evidence; and at the hearing the appeal new
evidence may be introduced by either party except
that witnesses who testify before the justice the
Circuit Court below shall NOT be allowed to testify
appeal except by permission of the Appellate Court
for good cause; appeals shall be from the single jus
tice or the Circuit Court to the Supreme Court in
Bauco; no person shall be party 10 the appellate
proceedings who was not party to the proceed
ings before the justice of the Supreme Court in
the Circuit Court below but the Appellate Court il
satisfied that any person claiming title in the land,
was improperly declared or prevented from being
heard before such justice the Circuit Court with
out fault Of his own, may remand the cause for re-
hearing before such justice or the Circuit Court
below, on such new party paying the costs of such
rehearing.
SEC. z. The said justice of the Supreme Court or
the Circuit Court having Jurisdiction of the cause
shall have the power TO partition the real estate
according 30 the decree made, to compel the sppro
pirate conveyances therefor, ard to issue writs of
possession when necessary.
SEC. s. The costs in proceedings under this Stat
ute shall be the asin the Probate Courts They
may be awarded or apportiooed according to the
discretion of the Court, and execution may issue
therefor.
SEC. 9. Provided, however, that the provisions OF
this act shall not apply to wills previously made by
owners OF property, nor to cases which have been
adjudicated upon by the Supreme and Circuit
Courts.
Approved thus LIST day of August, A. D. 1874
lr f.sf KAJAKATTA r