The Hawaiian gazette., 1876-10-18

proved the s9Ih day Of July, 1872, is hereby
repealed
Approved this 27,h day Of september, \. D.,
1870. HALAEAUA, r.
NN ACT
To smeud the law ia relation 90 abatement of actions
and suits ou the death, marriage or bankruptcy
ct parties thereto,
Be it enacted by the King and the Legislative
Assembly cf thc Hawaiian Islaads in the Legislature
Of the kiasd1m assembled.
Section l. The death Of plaintiff or defendant
shall not cause an action TO ahate, but u may bc
continued as hereinafter mentioned; aal where an
action would bu, e. the provisions 1t this act. by
reason OF the death Of either party. aud in which
the proceedings may be revived aud continued under
tas act, Toe defendant or person against whom the
action may be So continued may apply by summons
90 compel The plaintiff OF person entitled 60 proceed
with The action iu the ct the plaintiff. 90 pro-
ccci according 90 the provisions of this act within
such time a. the jadge shall order aud in default
Of such proceeding. the defendant. other person
against whom the action may be 50 continued a.
aforesaid. shall be entitled 90 entcr suggestion of
such default and 0f the representative character Of
the person by Cr agaust whom the action may be
proceeded with. as tho ease may be, and 10 have
Judgment Tor the costs Ot the aoton aud suggestion
against the platnud, OF against the pcrsnu entitled
90 proceed in bis room. az the ease may be- and Iva
the latter case TO be levied OF the goods Of the
tor or iutesuts.
See g. II therc BE- two or more raiatia. or
defendants and one or more Of them should die, u
the cause ot such action shall survive 20 the sur.
vtvug plaintiff or plaintiff, against the surviving
dcendtnt or defendants. the action shall not be
thereby abated but such death being suggested
upon the record the action shall proceed at the suit
uI che sur,iyius plaintiff or plaintiffs, against the
surviving defendant OF defendants
See. 3, ln ease OF the dtah ot a sole plaintiff OF
sole surNtvtug plaintiff, the legal representative ot
such plaintiff may, by leave ut the elutt VT Iudgv,
rntct tiEsttUou ot tbo death aud that be Is sneh
lvgal ypcsgotaDNe, aud lhe action th,u hcrealpn
prlyegd aud t such suggestjon be made before the
Uisl the truth st the WgEctUoA shalt be tried
tbetrtt together uHh he title ot Toe deloasct plain.
U0 and such Judgment thtl FOLLOW upon the verdict
lea Bvar ut or agaiust TIE reuou making such sus,
sy,tton az " such pcyton vete originally the plain.
Uu
see. 4, IN ease % tho death efa sole defendant
or sole sat,ivtus defendant, where the aoton sur
,t,es, tbv plaintiff way make susseiilou either ia
any oI tbe pIstlibgs, Wthe cause has bot arrived At
issue. vt on the teeoyd ttit bst SO arrived, 90 the
death, and that a Teuan uNmsd tbeIelR t the eN0s
tutut ov udmiuisuNtar ut the deceased, and may
thyfruu0n serve such executor or BdWWrttt,ng With
ihr t'rY rt the fU4setuon and with uAtloe sisned
hy lNs p'aluut ul bic attorney requiring such eve
eaior or admHsifaiot tD bppctg within twenty dAys
uOst service nl hs notice, and that h deAuN 90 Me
30 doing tbs pjaiuua may apply Wr Judgment
asalast bjm as such executor ar alnniilyalorI end
the same prUrcrlluEs may De had eui tahoa ip ease
10 BaB. appearance, amer such notice as upon sum.
mons against such executor ut admubFAllon ia TO-
spsat of the cause loy which the action was bJoaght
aud iu ease the defendant shall uot have pleaded
ar answered before the DEATH tho new defendant
shall plead or answer 40 the sane time 90 the petit
lion and sugssstiaa aud in ease the defendant
shall have pleaded before the death, The defend
ant shall be at liberty Go plead Co the suggestion
only hy way ut denial, on such Plea as may bo ape
pr,priats % and render necessary by bis character
uf executor administrator, unless by leave OF the
Court or judge be shall be permitted o. plead fresh
matter 30 answer 70 the petition, aud the peadngs
upon the petition and The plc,duss upon The sus-
rsstiou shall be tried together aud in the plain
tn shall recover De shall be egtitei 90 the like
Judgment iu respect ut The debt sum sought 90 be
recovered, and DO respect Of tho costs PRIOR TO the
suggestion aud 10 respect % the costs % the sugges
lion ani subsequent thereto, be shtll be eutitIed TO
like Judgment as 10 an action originally commenced
against the executor or administrator.
Sec. 5. The death Of either party between the
verdict aud the Judgment shall not hereafter be
alleged or error. Il judgment be entered daring the
term in which such verde, was rendered and II the
pl,intH in any action happen 10 die after inter-
locutory Judgment and before fnal adglnent OBJ
tanned therein. the said acton shall not aba;o by
reason thereof if such action might be originally
fross-ufei or maintained by the executor admin
istrator of such plaintiff and il the defendant die
after such iuier.ucutory judgment and before hnal
iud-ment therein obtained the said action shall not
abate if such action might be originally prosecuted
or maintained against the executor or administering
Of such defendant and the plaintiff, ii he be dead
afer such interlocutory Judgment his executors or
administrators shall and may have writ Of revivor
in the form contained in the schedule to this Act or
10 the like effect against the defendant flivng after
such interloeutory Judgment or If be be dead, then
AGAINST his executors administrator to show
cause why damages in such action should not be
assessed and recovered By him them, aud if such
defendant his executors or administrators shall ap
pear At the return Of such writ and not show or
aegs any matter sufficient to arrest the hna juig-
meat, or shall make default. aud inquiry Of damages
shall be thereupon held, OK the amount for which
faal Judgment is TO be signed shall be referred
the Clerk Of the Court and upon return Of the
writ or delivery Of the order with the amount
dsrsed thereon to the plaintiff his executors ad-
niuistrafors judgment fnal shall be given i0r the
said plaintiff his exesutors administrators pro-
sseuting such writ reTiYor against such defend
ant, his executors or administrators respectively
See g. The marriage Of q plaintiff or
defendant shall not cause the action 70 abate, but
the action may notwithstanding be proceeded with 70
Judgment aai such judgment may be executed
against the wife alone, BY suggestion writ Of
revivor pursuant to this act Judgment may be OBJ
tained sganst the husband aud wife, and execution
issued thereon aud in case Of judgment for the
wife execution may be issued thereupOu By the au-
thority Of the husband without any writ Of revivor
or suggestion sud il in any such action the Wiio
sue or defend By attorney, appointed By her when
sole such attorney shall have authority TO continue
the action or defense, unless such authority be
csuntermauded By the husband, and the attorney
changed according to the prlcties Of the Court.
Sec. = The bankruptcy Of or assigument By the
plaintiff in any aciion which the assignses trus-
tees might maintain for the benefit Of the creditors,
shall not be pleaded in bar to saeh action, unless
the assignees or trustees shall decine 10 continue,
and give security for the costs thereof upon q
isdges order be obtained for that purpose within
such reasonable time the judge may ORDER bot
The proceedings may be stayed until sucb election is
made and in case the assignses neglect refuse %
continue the action and give such security within
the time limited b. the order the defendant may
within eight days after such neglect refusal. b.
way Of aftsr-plea, plead the bankruptcy or assgn-
meut.
Sec. 8. Section 1912 Of the Civil Code shall be
and the same Is hereby repealed
SCHEDULE.
Kalakaus. By the Grace Of God, etc.
To ........ .....-..., Esquirs,
Marshal Of the Kingdom, or bis Deputy,
Greeting You are hereby commanded % sum
naou.-....of--....-.--tob Be aud appear before our
Supreme Court (or Circuit Court. as the may
bel. at the ......term thereof. to Be holden the
Court Room Of the Court House, at....... iu the..