§ 1201. The practitioners so licensed shall have control to judgment and execution of all suits and defenses confided to them: Provided, however, that no such practitioner shall have power to compromise, arbitrate, and settle such matters confided to him, unless upon special authority in writing from his client.

§ 1202. The oath of office to be taken and subscribed by such practitioners shall be as follows:

"SUPREME COURT, T. H.

-, being duly sworn, deposes that he will support the Constitution and laws of the United States and the laws of the Territory of Hawaii, and faithfully discharge the duties of attorney, counsellor, solicitor, and proctor in the courts of this Territory to the best of his ability."

Such oath shall be taken and subscribed before some judge of a court of record.

§ 1203. The license to be given to a practitioner shall be in the following form:

66

"SUPREME COURT, T. H.

esquire, having been examined and found duly qualified, and of good moral character, I do hereby license him to practice in all the courts of this Territory as an attorney, counsellor, solicitor, and proctor thereof during good behavior.

of

"Given under my hand and seal of the supreme court this 18

day

-, Chief Justice."

§ 1204. The supreme court may prescribe terms and periods of study preparatory to the admission of practitioners, and rules for their government in the pursuit of their practice, not inconsistent with any law of the Territory.

§ 1205. The clerk of the supreme court shall exact from every practitioner, upon his receiving a license, an admission fee of ten dollars for the benefit of the public treasury.

ATTORNEYS IN DISTRICT COURTS.

§ 1206. The supreme court and the several circuit courts shall have power to examine and admit as practitioners in the district courts in the Territory such persons, being citizens of the United States of good moral character and have taken the oath of office, as said courts may find qualified for that purpose.

§ 1207. The said license shall be for the term of two years, and shall be valid in all the judicial circuits of the Territory. The fee for a license shall be five dollars for the first issue and two dollars for each renewal thereof. Such license may be in the following form:

COURT.

esquire, having been examined and found duly quali fied and of good moral character, is hereby licensed to practice in the district courts of all the judicial circuits of the Territory and before the circuit judges at chambers on appeal as an attorney at law for the term of two years from date.

"By order of the court.

"Dated

66

Clerk.

§ 1208. No person shall be allowed to practice law in the district courts of the Territory without a license, provided that any person may appear

to prosecute or defend his own cause, and that of any one of his own family. The word family in this section shall be held to mean a man's parents, brothers, sisters, wife, and descendants.

NOTE TO CHAPTER 84.

§§1197-1206 are C. L. §§1065-1074a. $1207 is S. L. 1890, ch. 55. §1208 is S. L. 1886, ch. 63.

Cases in Hawaiian reports: Re Keliikoa, 5 Haw., 279; re Achi, 8 Haw., 217; re Achi, 10 Haw., 7.

CHAPTER 85.

CIVIL PROCEDURE IN DISTRICT COUrts.

§ 1209. The original writ in all civil actions begun before a district court shall be a summons, a writ.of replevin, a capias, or an attachment, and shall be signed by the magistrate of such court, and shall contain a notification to the defendant that if he fails to attend at the time and place of trial designated in the writ judgment will be ren dered upon default according to the evidence taken ex parte. All original writs shall be returnable not less than one nor more than six days from the date of issue.

§ 1210. Such magistrate shall issue an attachment against the personal property of the defendant when requested in any action founded on a judgment or on a contract, express or implied, if the plaintiff, or some one in his behalf, shall make and file in such court an affidavit specifying, as near as may be, the amount due the plaintiff from the defendant, exclusive of all set-offs and counterclaims, and containing a further statement either that the deponent knows, or has good reason to believe

First. That the defendant contracted the debt sued upon in a fraudu lent and deceitful manner, or upon false and unfounded pretences; or Second. That the defendant has assigned, disposed of, or concealed, or is about to assign, dispose of, or conceal his property, with the intent to defraud his creditors; or

Third. That the defendant is about to remove any of his property from the island wherein such application is made, with the like intent, and that he refuses and neglects to pay or secure the payment of the debt; or

Fourth. That the defendant has absconded to the injury of his creditors, or is not a resident of this territory, or has not resided therein for one month immediately preceding such application:

Provided, That it shall not be lawful for such magistrate to issue an attachment until the applicant shall have deposited with him a bond in a penal sum of not less than fifty nor more than five hundred dollars, with one or more sufficient sureties, to be approved by such magistrate, conditioned for the payment of all the costs of the proceeding, and of all damages sustained by the defendant by reason of the attachment, in case the plaintiff shall not sustain his suit, or in case the attachment shall be dissolved, by competent authority, before final judgment in such suit. Such attachment may be in the following form:

island of

"To any constable of the district of H. I. "You are hereby commanded to attach and safely keep the property of if any can be found within this district, subject to the order of this court [or other court as the case may be], at the sworn information and suit of plaintiff, to answer to a debt [or obli

gation as the case be], alleged to be due him from the said and having so attached, you are further commanded to summon the said if he can be found in this district, to appear and answer the complaint and demand of the said plaintiff before me at on the day of A. D. [or before another court, as the case may be, stating the time], and then and there show cause, if any he has, why judgment should not be rendered against him, and the property attached subject to execution, levy, and sale for the payment of the said demand, interests, and costs.

"Notify the said that upon default to attend at the time and place above mentioned, judgment will be rendered against him ex parte by default.

"Given under my hand this

day of

A. D.

66

"District Magistrate of

§ 1211. Such attachment shall be dissolved by the magistrate issuing the same in case the applicant fail to establish his claim on appearance and contest of the merits by the defendant, or if, having appeared in the cause, the defendant, upon motion to dissolve such attachment, shall prove to the satisfaction of the court that the alleged special facts upon which such attachment was issued did not, at the date of such issue, exist, but in case the defendant make default, or appearing, the plaintiff substantiate his demand, the property attached shall be liable to execution at his instance, and shall be levied on, advertised, and sold as in other cases, subject to the right of appeal and the right of property in third persons.

§1212. Every attachment issued as aforesaid shall be imposed by placing the property in security, without removing the same from the defendant's premises, except for greater safety, at the option of the officer executing the writ. The officer so attaching shall take an inventory thereof, and append a copy of the same to his return of the attachment. He shall also furnish a copy of the inventory to the defendant, and shall post in three conspicuous places in the district a notice as follows:

"By virtue of a writ from returnable at

district magistrate of
A. D.

on the day of —, at the suit for dollars, I have attached, subject to a demand

of to be proved, the following articles of property, to wit, "All persons having rights in said property are hereby notified to prove their claims on or before the return day above named.

"Dated the - day of

A. D.

66

§ 1213. Any person indebted to another, or liable to another in law, for money to an amount not exceeding five hundred dollars, may, with or without suit first instituted against him, appear in person or by duly empowered attorney, before a district magistrate and there confess judgment against himself and his property for such sum, with costs. And the magistrate shall, in every such case, enter up judg ment in the same manner as if he had rendered the same upon default, or upon evidence of indebtedness, and issue execution thereon in like manner and with the like effect; provided that no such judgment confessed without suit shall have the effect in law to cover or conceal the property of a debtor, nor take precedence of other judgments subsequently rendered, if it appear that the same was collusively or fraudulently confessed, or confessed without legal consideration, or with the

view of giving fraudulent and undeserved precedence to one creditor over another.

§ 1214. Any judgment rendered in a district court shall be a lien upon real property when a transcript thereof, certified by the magistrate of such court, shall have been docketed in the office of the clerk of the circuit court of the judicial circuit in which such district court is situated. Such judgment docket shall be recorded in the registry of deeds, in a book specially kept for that purpose, within fifteen days after such docketing; otherwise such lien shall be void.

NOTE TO CHAPTER 85.

§§ 1209-1212 are S. L. 1892, ch. 57, §§ 14-17. §§ 1213-1214 are S. L. 1892, ch. 57, §§ 23-24. Criminal Procedure, see Penal Laws, ch. 53.

CHAPTER 86.

CIVIL PROCEDURE IN COURTS OF RECORD.

§ 1215. Every civil action hereafter to be tried in any of the courts of record in this Territory shall be commenced by petition, which petition shall be verified by the oath of the plaintiff, or some one on his behalf, deposing to the best of his knowledge and belief.

SUIT ON EVIDENCE OF INDEBTEDNESS.

§ 1216. In all suits for the recovery of money upon evidences of indebtedness, or vouchers certain or computable by the court, that is to say, upon promissory notes, bills of exchange, drafts, orders, bonds, and other instruments, parol or specialty, the plaintiff, in person or by his attorney, shall file a petition for process, addressed to the chief judge or justice of the court, in substance as follows: "The undersigned claims of

of

from

residing at

with

island

interest

dollars, upon (a note or other evidence of debt, as the case may be) dated -, payable on Said defendant has neglected and refused to pay the same until this date (and in case of fraud or concealment, or other collusive or deceptive circumstances attendant upon the contracting or the nonpayment of the debt, here insert the same according to the circumstances).

"Wherefore, the undersigned asks the process of this court to cite the said defendant to appear and answer this demand.

"Dated

day of

189

"Plaintiff (or Plaintiff's Attorney).”

§ 1217. Upon the filing of such petition, in case no fraudulent circumstances be alleged by the plaintiff, the clerk shall issue, under the seal of the court, a summons addressed to the marshal or his deputy, which may be in the following form:

"You are commanded to summon defendant, in case he shall file written answer within twenty days after service thereof, to be and appear before the supreme court (or circuit court for the -judicial circuit, as the case may be), at the term thereof, to be holden

at

in the island of

on the

day of

o'clock a. m., to show cause why the claim of

next, at plaintiff, should

not be awarded to him pursuant to the tenor of his annexed petition.

And have you then there this writ, with full return of you. proceedings thereon.

esquire, chief justice of the supreme court,

"Witness

at Honolulu, this

day of

[SEAL.]

A. D. 18

§ 1218. Every summons issued under the seal of a court of record shall be served by the chief sheriff or his deputy, or a sheriff or deputy sheriff, upon the defendant, by the delivery to him of a certified copy thereof, and of the plaintiff's petition, to which petition shall always be annexed a literal copy of the voucher upon which it is predicated (if any there be), or, in case the defendant can not be found, by leaving such certified copy with some agent or person transacting the business of the defendant, or at the defendant's last place of residence.

§ 1219. In all cases where process of any court of record, or not of record, or any complaint, order, or citation be served by any officer of the court or of the police force, including the chief sheriff, his deputy, or any sheriff or his deputies, a record thereof shall be indorsed upon the back of such process, complaint, order, or citation. Such record shall state the name of the person served and the time and place of service, and shall be signed by the officer making the service. Such record shall be prima facie evidence of all it contains and no further proof thereof shall be required unless either party shall desire to examine such officer, in which case he shall be notified to appear for examination.

§ 1220. If the defendant was never an inhabitant of the Territory (but has property situated within the same), or has removed therefrom, and the fact shall appear by affidavit to the satisfaction of the court, or a judge thereof at chambers, and it shall in like manner appear that a cause of action exists against such defendant, or that he is a necessary or proper party to the action, such court or judge may grant an order that the service be made by publication of the summons.

§ 1221. Such order shall direct the publication to be made in the Government Gazette, for such length of time as may be deemed reasonable, not less than three months. In case the residence of the defendant is known, the court or judge shall, in addition to the publication, direct a copy of the summons and petition to be forthwith deposited in the postoffice, addressed to the defendant, at his place of residence. When publication is ordered, personal service of a copy of the summons and petition out of the Territory shall be equivalent to publication and deposit in the post-office. In either case the service of the summons shall be deemed complete at the expiration of the time prescribed by the order for publication.

§ 1222. It shall be necessary to join as defendants in a civil action all the joint and several or joint makers of promissory notes, or drawers of drafts, bills of exchange, or orders, or joint and several obligors, lessees, or parties of the first or second part to covenants, agreements, and contracts, in suing for nonpayment, nonacceptance, or nonfulfillmer.t thereof, but it shall in no case be necessary to serve all the joint parties sued with process. Service of process upon one of several defendants at law shall be legal service upon all for the purposes of appearance in court, and judgment may be entered against all such codefendants thereon: Provided, however, that no execution shall issue against the sole property of any joint defendant on whom process was not duly served as aforesaid.

§ 1223. It shall be incumbent upon every defendant served with proc