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

require that personal service be had.
quart a. 4bbett 12O Ind. $50.
sought the before equitable attach
Feeks the bonds of the railway company
when D issued The property interest involved within
the jurisdiction of the Circuit Judge and the proceeding here
IS substantially proceeding IN rem ID The object OF the bill
fix Feeks personal liability; that has already been
accomplished in the former suit In the leading case OF rem
Nef, % T. s 727, this class of is especially
excepted from the rule that personal service be had In
Judge Field says that in larger and general
the 'prOceedng an rem applied actions be-
tween parties object and dispose of
property owned by them of interest in them d. 734
In such cases substitute service by publication good See
Griggs 1874 T. 316. The object of notice by
publication give the best notice practicable nonresident
defendants enable the fully decide the
toversy respecting property within its jurisdiction
the question may assume" Quart Albeit, supra,
p All property which ought in equity be applied
payment of the debt be reached by creditors BILL
patent a copyright be reached by this right
of injury the debtors property Hudson Plt,
II Paige, 1SO
Holding as we do that personal Fee
the question is whether there statutory
authority for substituted service absent defendant by
publication, OF otherwise, a creditors bill
We have already that equity had jurisdiction of such
bill by the Civil Code In that code enacted in 1852 have
provision that in certain mentioned under
the title Equity Admiralty and Probate Matters the app-
shall be by petition addressed court
Justice having jurisdiction thereof We do not understand
intended confer jurisdiction upon the court
these and exclude all other subjects of equity
jurisdiction This section does undertake to
all the classes of which equity be involved,
for instance the jurisdiction of equity trusts to grant
like. All these be exercised by our courts OF
this statute because they and
large subjects inherently for equity
specifically mentioned in the Act of 1873.
of the Civil Code precribes that "n such
service be made either by personal service in
the defendants be found by leaving OF the
petition and with upon the premises in
the controversy n such other the
court may dect and by publication may ordered
Much is here left the discretion of the the
method by which notice be brought to the absent
The does that the method of
prescribed applies only the enumerated in Sec 1880
I'm such case means I'm like those mentioned
which does limit the to those enumerated in Sec 1928
of the provisions in Sec 1890 have application what
of the mentioned IN Sec l22S For instance,
where the application is for he utilization of basard, for
enquiries unacv where the defendants be found
There are premises controversy and there
could be made by leaving copy of the
plant and summons upon the premises This
have reasonable and liberal construction, and
with enable the take whatever steps
for the promotion of justice and to into effect the
powers given the To grant relief in creditors bill
powers and its enforcement consider the
Sec 1880 broad enough to enable the court to notify
the defendant Fe by publication, the court shall direct
There other and specific statutory methods by which
publication be made upon defendants who hav
ING property within jurisdiction, have been nhabi
of these islands, have removed therefrom Vide Secs
1904 of the Civil Code 1t is contended that
apply suits in equity But they appear chapter
titled the Practice of Courts of Record and though most
the provisions of that chapter appear be applicable solely
law other provisions confer jurisdiction upon the
Courts of Record including courts of law, generally exer-
cised by of equity, 119 and 1920, where njc
tioas pendepte ite' allowed.
that it would be unreasonable to hold that
apply suits equity well
actions law The power order service by publication is
given Judges at Chambers well to Courts.
We prefer however leave the question whether ls
would allow publication of equity matters,
having found above specific authority for such pub
LEGATION We hold, therefore, that the object of
the bill before being to reach the property OF the absent
defendant and determine his personal liability personal
essential and substituted may be made
upon him any the methods authorized by Section 1880
of the Civil Code shall applicable to the
The appeal sustained and the sent back the Cir
emit Judge for further proceedings.
NdgoOa d Edings, for plaintiff.
H. Q. Wood and H. 4. Djckey for the Oahu Railway & Land
Co, the defendant corporation.
OPINION OF MR. JUSTICE WHITING.