The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-03-25

one of civil codes and that said preceding chapter was mol
enacted It'll and consequently the Garner statute can pos
sibly refer 20 the later
Again 1t Is claimed by counsel that
% IF eit had prior to the enactment Act of 1878
jurisdiction creditors bills Cn this view concur and that
n any such n any like those mentioned
in Section 1928 does limit the to those enuer
ated therein a CREDITOR bill Is like those men
oned in that section. But think that by the words, I'm any
such case legislature intended refer only to those
matters which in Section 1928; that the result
# the words are taken their ordinary meaning. Moreover
the proceedings mentioned in Sections 1873, 1886 and 1871 are
ze those mentioned" in Section 1928 and would upon the
theory that any such case means IN any case IKE use
mentioned" requires statutory provision TO service,
whether personal otherwise other than that contained IN
Section 1880: and vet sections 2356) do set
forth specifically be made in those
less repetition if Section broad enough to cover matters
other than named In Section 1928 In Section l23 Oh
the same chapter words 'n such case again occur
The language shows beyond doubt that they
are used solely the mentioned IN Sec
ton 1885, suits for foreclosure OF any hyPohecaton Of
other maritime en and that the theory IN regard 10 Ike
those mentioned" possibly stand and If not IN this part
of the chapter, why in the earlier section!
But even granting the purposes of argument, that to
creditors bills NAV extended the benefit of such provisions
as are contained Section $780, still think that constructive
by publication authorized by that section Its
last allows merely the publication OF notice 10 all per
that the suit pending and such notce Is I'M
doubtedv intended addition full and complete legal
service upon the defendant Inc use OF une "u
the he officer charged with service OF the process
shall also publish in the Government
Gazette" etc. indicates this.
The clause such other the court or Judge
NAV direct" refer service by publication APPI
cations for divorces separations of the matters men
toned 1929 and in these proceedings the beneh OF
constructive service ought be had that clause Just ced
IS as broad as contended be- In spite OF this we nd
that in 1870 years after the OF the Act
of which Section part the Legislature passed an Act
see p. 435, Compiled Laws specifically providing Tor con
structve by publication in ibes for
repetition again Section 1880 already conferred the desired
authority.
This statute (Section 123O like all wherein it IS
sought to eee service of which do not
in all cases necessarily result giving actual notice defend
strned strictly and literally. As far as can discover IL
held every III which the question has arisen
See y Am and Eng Encvcl Law 1885, Pollard T. Wege"ei
13 Wis G43: Proctor, Is Fed ST; Ospdd a. hdP
man. 2s Fed 81: S,rt Meyers, 81 Fed. As; Gdtpm a.
Pane Is Wall $50; LitcHs Mccormick, ct a., 80 WIS
313. No case has been cited TO the contrary
Second inherent power At the oral argument and IN
brief counsel for complainant IN endeavorlng TO sho"
that of equity has inherent power TO ORDER service
publication have relied solely upon those authorities that hold
that such and expansive to meet new
exigenc believing apparently, that are now confronted
with new exgencv: and has been cited by them
wherein it directly held that without the existence
of a statute the has the power contended for
An of all the reported cases at hand which
have find dscos the fact that IN almost every
the American Union statutes have been passed providing
for service by publication This has been done stated IN the
Am. and Eng. Eucyc Law l39, IN view OF the oncu
ties existing securing valid service within the state Such
statutes held constitutional in proceedings IN REM
and empower the rendering OF valid judgment theree,
affects the property attached but IN proceedings
IN Deouaia object Is TO fix the personal liability
of the defendant of avail author
lied statute having held that such statute SIS viola
provision of the constitution that state shall de
rve any person life liberty property without due process
of law H. 40. See also P0noyer T. Ncf % L. ) 719
all these statutes throughout the Union if courts
already possessed desired power! Certainly in of
deemed safe proceed without statutory
authority.
There seems to be no reported which the precise
question involved determined but remarks made by
constituting the subject indicate very
general belief that statutory authority Indispensable
In Lessee of " r. Burnett O. 543, the said THE
defendants the chancev suit all resided in Massachusetts,
when the proceedings against them commenced and until
after terminated Jurisdiction the person.
therefore could obtained by the issue and
subpoena the usual mode of bringing defendants into
But had then, 1t has had always lnce
provision making nonresident party defendant, and
subiecng him the operation of decree, without personal
by subpoena, otherwise The act gave to the courts
power acquire jurisdiction nonesdent leven though
residents of foreign country all purposes contemplated