The Hawaiian gazette., 1876-10-18


behalf Of any defendant sued in any Court ol
Records 10 any personal action, such application
being made after declaration aud before plea by
affidavit or otherwise, showing that such de-
ieniant does not cisin any interest IN the sub
ieet matter Of the suit, but that the right there.
10 Is claimed or supposed 10 belong 10 some
third party who has sued or Is expected TO sue
for the same. and that such defendant does not
IN any mauuer collide With such third party. nut
is already 70 hiring INTO Court Or 10 pay or dis.
pose Of the subject matter Of the action Ia such
manner as the Court Cor any judge thereof may
order or direct. it shall be lawful Tor the said
Court or any judge thereof TO make rules and
orders calling upon such third party tn appear
aud state the nature and particulars OF his Claim
aud maintain or rehnQuish his claim. and upol
such rule or urjcr 70 hear the allegations as well
of such tbrl party as OF the plaintiff and 10 the
meantime 70 STAY the proceedings 10 such action
aud 6ual.y 70 order such thrd party 10 make
himself defendant IN the same or some oIher
other action or to proceed TO trial on QUE or
more frgued issue or issues and ulsu 10 direct
which ct the parties shall be psigti or defcad-
ant on such trial. or With the consent OF the
plaintiff aod such third party their counsel or
atterueys 10 dispose OF the merits OF their
c.sins and deterniue the same iu a summary
manner. and 10 make such other rules and orders
therein a. 10 costs an1 90 other matters as may
appear 70 be ju,, sud reasonable
See. 2 The Judgment u any such action or
issue as may be directed by tbe Court on Judge
aau the decision Ut the Court oe Judge iu u sum.
mary manner shall be inal and conclusive against
lbe parties aud all persons claiming by trOm, or
uudcr them.
Sec. 3 II such third party shall not appear
upon such rule Or oultr 10 maintain ot rtua.
Qluh b,. c.alm being duly served Herewith, or
shall neglect W Uldse 90 comp,y With any ntt
ot urier 10 be maje oOcr appearance. IL shall bt
hNlul Zoe The Coa6 or iujsp 30 dtthu Mtb
thiuj party and all pertons cAiwiur hy tom, nr
uudtr him to be tOipvtr btrted from pI,syyutiuiy
bs claim against the original defendant, HE
executors or ajmuislwtou} saving, peverht.
less lbt right ur claim OF such tbbl party
against che plsluuH and gbepupou 10 make
such oriyr between tuth defendant and lhe
plaiauH as 10 costs and Other matters AZ may
sppyaf la,t aud reasonable,
See 4 Il upon application 10 Judge In lhe
ltst Instance ot To any later stage ut Tho prut
yeeljugs hr shall thluk the matter more dt Zoe
tbe lrytsion ct tho Court t shall be- lawful Toe
him 10 refer the matter to tho Court. aud thuln,
uro, the Court shall aud may hear aud dispose
Of thc same la ,he same manner as ID the pro,
yeyding bad originally commenced by rule Of
Court instead OF The order OF d juige
See, 5, Aud whereas, diiieuties sometimes
arise 10 the execution OF prdccss against goods
ana challels Issued by ug under the authority Ot
the Courts 10 this Kingdom by reason Of claims
made to such goods uad chaJJrls 10y assiguess OF
brukrupls aud other persons not being the par
ties against whom such process had Issued
whereby the Marshal, Sheuti,, aud other Olhctrs
are exposed to the hazard aud expense OF &c.
and fu snnh L.,
Marshal. Shsrids and other Oleers. BE Il;
therefore further enacted, that Sher any such
claim shall be made TO any goods or ehlttels
taken or intended to be taken in execution
under sny such process Ur 10 the proceeds Or
value thereof I; shall and may be lawful 10 aud
1r3the Court out of which the execution shall
have issned, or any jIige thereof upon applica.
zion. ot such Marshal. Sherifs or other Officers
made before or after The return OF such process
aEd as well before hs after any action brought
against such Marshal. Sheriff or other Officer. to
call before them or him by rule. order or sum.
mons. as well the party issuing snCb process as
the party making such claim; and thereupon to
exercise for the adjustment Ot such claims and
the relief and protection Of the Marshal, Sheriff
or other Officer all or any OF the powers and
authorities hereiubsfore contained and make
such rules. orders aud decisions as shall appear
to b. Just according 10 the Circumstances Of the
case: and the costs Of al such proceedings
shall be in the discretion OF the Court or judge.
Sec. g. When an action has been commenced
m respect Of a common Law claim for the re-
eoyery Of money Or goods. or where goods or
chatfels have been taken or intended 10 b.
taken in execution under process issued from
any Court and the defendant in such action or
the Marshal Sheriff or other Officer has applied
for relief under this Act. il shall be lawful for
the Court or judge to whom such application is
made 10 exercise g!i the powers ami authorities
given TO them by this Act though the titles of
the claimants to the money, goods. or chattels
in question or TO the proceeds Or value thereof
have not a common origin, but are adverse to
and independent Of one another.
Sec. l. When goods or ehaitels have been
seized ir execution by the Marshal, Sheriff, or
other Officer under process Of any Court and
some third person claims to be entitled under
oil Of sale, ehattel mortgage or othersise, to
such goods and cha,tels by Eay OF security for a
debt. the Court or judge may order sale Of
the whole or part thereof upon such terms az to
the payment Of the whole or part OF the secured
debt or othsrwise as they or he shall think e, !;
and nav direct the application Of the proceeds
OF sale 10 such manner and upon such terms as
10 such Court or Judge may seem Just.
Sec. g Upon the hearing Of any rule or
order from Court Of Record calling upon per-
sons to appear and state the nature and par
ticuars Of thelr claims. It shall be lawful for the
Cour: or Judge wherever from the smallness Of
the amount 10 dispute or OF the value Of the
goods seized. 1t shall appear to them OF him
desirable and right 40 TO do, at the reqaest 0f
either party TO dispose OF the merits Of the re-
speetive claims Of such parties. and to deter
nine the same IN & summary manner upon such
terms a. they or be shall think ct to impose,
and 10 make such other rules and orders therein
a. to costs and all other matters as may be just
Sec. 9. In al cases Of Inierpleader proceed
inzs where tie question Is one Of law and the
facts are not in dispute. the Judge shall be at
liberty al his discretion TO decide the question
without directing an action or issue and (lf be
shall think il desirabls) TO order that a special
case be stated for the opinion Of the Supreme
Court. and the proceedings upon s1ch case shall
(as Deariy ss may bel be the same a. upon a
submission to the Court under the laws nov 10
force
Sec. 10. The judgment in any such action or
Issue IS may be directed by the Court or judge
in any iuterplesder proceedings and the decision
Of the Court or any Judge 10 a summary manner.
shall be Goal and conclusive against the parties
and all persons claiming By. fron, or under them
Sec IL. All rules, orders. matters and deci-
sions 10 be made AMI done 10 in,erpleAder pro-
ceedings under this Act (exesPting only adida-
vits) may, together Eiih the declaration or
summons IN the cause (f fany) be entered Of re-
cord in the Supreme C0art. Nith note 10 the
margin expressing the true date Of such entry
10 the end that the same may be evidence 10