The Hawaiian gazette., 1883-01-10
SaPre@e Court Of the Hawaiian Islands.
january Term. iSSs.
Ia " rsScs Nclos. Minister Of Rnsacc VI. Mr..
and Mrs, knntscu.

This i a petition by the Minister Of Finance
eeTtitNtnS rvpost Of the Governor cg Narai. hy
which I. appears that thc taxes On thr Ahapaaa u
hs,ea, hanai have not been paid, and asking for
ledstrent SsstnSt the delinquent property and I.
Anndsen and Mrs AnaN Nc II Nnuasea. A
Spccial Spfearancc Is tnsde hy Mr.. Y. kuudSrn
who shows the Co1rt that II = ii dccS not apFear
t1s- tee geoticn eratains aVern,ent that the
eoeasog q taxes called On the said V. knuascn cg
othcrNiSc save notice 10 hifn 70 demand paytnens
O; said tax; ~ that the repor. of the cciicc;er
toes not show ~ aver that the AhpPaaa Of koloa
was or :, the p-vferty q Mrs hnedsea nor does
. set tcsth or show the ownership o. nsmeS OF
the owt'er ~ the land; and, 81 thar the pesi-
ioa contains nc PRAYER for proceSs summons
AGAINST the SAID ', hnease;s o. Aans Nc X. hnnd-
Ihe counsel foy the Minister ot Finance ccn-
tends thar tins IS prSceeding in gesn and there
toSe q IS not neces,ry 70 hriag the allegcd owner
| . the property within the jurisdiction OF the
Neaft cy Suiiirnoils and 50 none PRAYED for.
a. NY of,n'on q rreSsS~linc 0t this character Is
fca ami aiSo st ecfsossst. Especially where
ne oNcFs ot delinquent real estate known, in
thiS case. ard Where Judgment is pryed for MT
otily against the land but sgairsi Mr.. and VI =.
hanttSen X u a procecNfinc "a isfrsoagHt and.
thesosorv. praNer for rrccess against them y
essgeiial; Tbs w0sOts OF the so5th Section Of the
Oivi Code which say that If no sufficient rcaSnn
Spcar To the contrary, iulgusent shah be entercd
etc, bcar thiS NigN cat. for this implies that an
eprortunity Is 10 bc givva TO show sufficient rys-
soo why Judgment should not be entered.
knough spfSars GA tho facc Of the petition 70
Show hat the owuerS Of the delinquent PROPERTY.
arr known 10 the retiticner and when the owucrs
arv known and Judgment Is prayed for against
teen they must be serNed with proceSS OF a
Judgment against them would not bc ccld.
Il : rvpllcd to the lSt point that no demand by
the Collector for payment Of taxes is Shown that
the Nveryueut that Mr.. kuuGsen'S accut paid MI
the other t,NcS ASSESSED against hun and dts
pstsd that cO the land Of hclca and Appcalcd
% the koar6 ot lax Appeals which Roara oon-
hrtaed the assessment ira,lisS priog demand for
rGymeot q taxes.
In proceedings Of tins nature the Statute nt,st
oe strictly couplicd with and nothing can -
takeu by way Of tntcndmSnt | CONSIDER an aver.
usent ot deinSnd foe PSynent of taxes as fund.-
mental
As TO the third ro;ut the nca averu>cnt Of
ownership, The rvport Of the collector shows.
that The AhupuNN of holo0 Was sSs,sSscd TO Mr.. Y
huudsgn which l. all the law rcquires.
10 : url,cd by tbc pStitiouerS counsel that tins
aupcarapcc Is premSturo and that the Nppoarcr
should wait until the land Is sold and then tSst the
validity " the p-Ccee>iiugs by suit OF Eiectugnt
pr trcs{slSS against the purchaser He may ~ ~
but as he has chosen the other eouuSc and sucCSts
saihcient REASONS Why a Judgment should not be
Cutc-cd as prayed tor, feel CONSTRAINED 70 rule
that a Judgment cannot be cutered on the pVti-
ston IN lis rgeScut shape.
E, Preston fOs the petitioner. A. : Hartvyll
Tor the gppetrCr
Honolulu. April 18th. lSSs