The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-12-02

and specifically are quoted, the follow
ing being passages from the quotations
out of Riggs VS.. Johnson County, 70 u.
S. 166 and subsequent pages:
Process subsequent to judgment is
as essential to jurisdiction as process
antecedent to judgment, else the judi
cial power would be incomplete and
entirely inadequate to the purposes for
which it was conferred by the Consti-
tution.'
Executions, it is admitted, may be
issued by the Circuit Court, but the
power of such courts to issue the other
writs necessary to the exercise of juris-
diction, is equally clear, with the single
restriction that the writ, and the mode
of process, must be agreeable to the
principles and usageS of law. Usages
of law, and not of common law. it will
be observed, are the words of the pro-
vision
It is shown by the court the proceed
ings for the writ conform to the prin-
ciples and usages of law as existing in
the Territory at this time under the
Territorial statute of mandamus. Then
the laws of the United States for con-
demnation proceedings are shown to
provide that such proceedings shall be
prosecuted in accordance with the
laws relating to suits for the condem-
nation of property of the states where
in the proceedings may be instituted"
THE CONCLUSIONS.
Concluding, Judge Dole decides the
two phases of the case as follows:
'In regard to the deed referred to in
the petition as having been refused
registry by the respondent, this court
would be without authority TO issue
writ of mandamus to compel the regis
try thereof if it was an independent
transaction without relation to the pro-
ceedingS of condemna ton. inasmuch as
in that case such a process would be
an original writ of mandamus. With
the obvious connection of the deed in
this case with the said proceedings. it
is still a question in my mind whether
a writ of mandamus to compel it's
registry would not be an original writ,
and therefore beyond the power of this
court. Mr.. Hughes says, in his Federal
Procedure, page 266. The jurisdiction
is conferred by reason of the principle
that it is necessary as an incident to
the main case and in order to carry
out the objects of the main case and
questions necessarily dependent upon
the main case Is the deed referred
to necessary to the main case in order
to carry out it's objects? L think not.
It would appear from the Hawaiian
statutes of eminent domain that
judgment of condemnation, upon being
recorded in the office of the Registrar
of Conveyances, vests the property
condemned in the plaintiff. This re-
suit, SO far as the transfer of the title
is concerned, is complete, and no fur
Their section, conveyance or relief is re-
quired.
IF this view is correct, writ of
to require the respondent to
record the deed in this case, would be
an original writ and therefore beyond
the authority of this court.
I'm view of the foregoing authori- |
jurisdiction is allowed as to the deed |
of conveyance referred to in the petit |
ton and overruled as to the judgment |
of condemnation. and the defendant |
may have five days in which to show |
cause or make further plea"
It may be said that Registrar Merr;- |
am declined the deed for registration |
because of a demand that he register |
maps Herewith, whereas the Territorial |
law governing the office specifically |
provides that maps may be filed but |
not recorded.