LAWS OF THE REPUBLIC OF HAWAII ACT 1. AN ACT TO APPROPRIATE MONEY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SESSION OF THE LEGISLATURE OF THE YEAR 1898, FROM THE PUBLIC TREASURY. Be it enacted by the Legislature of the Republic of Hawaii: SECTION 1. There is hereby appropriated the sum of Twenty Thousand Dollars ($20,000.00) from the Public Treasury for the purpose of defraying the expenses of the Session of the Legislature of the year 1898. SECTION 2. This Act shall take effect from the date of its approval. Approved this 4th day of March, A. D. 1898. SANFORD B. DOLE, President of the Republic of Hawaii. ACT 2. AN ACT TO AMEND SECTION 33 OF THE ACT ENTITLED "AN ACT TO REORGANIZE THE JUDICIARY DEPARTMENT" APPROVED NOVEMBER 25TH, A. D. 1892, RELATING TO THE TERMS OF Be it enacted by the Legislature of the Republic of Hawaii : SECTION 1. Section 33 of the Act entitled "An Act to reorganize the Judiciary Department" approved November 25th, A. D. 1892, relating to the terms of the Circuit Courts is hereby amended so as to read as follows: "Section 33. The terms of the Circuit Courts may be continued and held from the opening thereof, respectively, until and including the twenty-fourth day thereafter, Sundays and legal holidays excepted. Provided, however, that any such term may be extended by the presiding Judge for not more than twelve days after the expiration of the said twentyfourth day." Approved this 12th day of March, A. D. 1898. SANFORD B. DOLE, President of the Republic of Hawaii. ACT 3. AN ACT TO REPEAL SECTION 1139 OF THE CIVIL CODE RELATING TO APPEALS FROM DECISIONS OF CIRCUIT COURTS. AN ACT TO AMEND SECTIONS 1480 AND 1481, CHAPTER 35, OF THE CIVIL CODE AS AMENDED ON MAY 14TH, 1868, AND SEC- TIONS 1482 AND 1483 OF THE CIVIL CODE, RELATING TO IN- Be it enacted by the Legislature of the Republic of Hawaii: SECTION 1. Section 1480 of the Civil Code be, and the same is hereby amended so as to read as follows: "Section 1480. When there is no express contract in writ- at the rate of six per cent. per annum, for all moneys after they become due on any bond, bill, promissory note, or other instrument of writing, for money lent, for money due on the settlement of accounts, from the day on which the balance is ascertained, and for money received to the use of another, from the date of a demand made." SECTION 2. That Section 1481 be, and the same is hereby amended, to read as follows: "Section 1481. Interest at the rate of six per cent. per annum, and no more, shall be allowed on any judgment, recovered before any Court in this Republic, in any civil suit." SECTION 3. That Section 1482 be, and the same is hereby amended, to read as follows: "Section 1482. It shall in no case be deemed unlawful to stipulate by written contract, for any rate of interest, not exceeding one per cent. per month, provided the contract to that effect be signed by the party to be charged therewith." SECTION 4. That Section 1483 be, and the same is hereby amended, to read as follows: "Section 1483. No action shall be maintainable in any Court of this Republic, to recover a higher rate of interest than one per cent. per month, upon any contract made in this Republic; provided, however, that this Section shall not be held to apply to contracts for money lent upon bottomry bonds, or upon any maritime risks, nor upon contracts made prior to the passage of this Act." SECTION 5. This Act shall take effect from and after the date of its publication. Approved this 12th day of March, A. D. 1898. SANFORD B. DOLE, President of the Republic of Hawaii. ACT 5. AN ACT TO AMEND SECTION 1102 OF THE CIVIL CODE, RELATING TO THE SERVICE OF SUMMONS. Be it enacted by the Legislature of the Republic of Hawaii: SECTION 1. Section 1102 of the Civil Code is hereby amended so as to read as follows: "Section 1102. Every summons issued under the seal of a Court of Record shall be served by the Marshal, 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 cannot 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." SECTION 2. This Act shall take effect from the date of publication. Approved this 24th day of March, A. D. 1898. SANFORD B. DOLE, President of the Republic of Hawaii. |