§ 1482. Bonds of indemnity given to an officer, as provided in section 1040 of the Civil Laws, shall be collectable by the officer receiving the same, upon citation to show cause and proof of the signatures thereto, without the intervention of a jury, and the damages to be assessed thereon shall be the amount recovered against the said officer, with interest and costs of suit, and the expenses of such citation and judgment of indemnity, for which execution may be issued against the co-obligors, both jointly and severally, leviable as in other cases of indebtedness. § 1483. The following property, when owned by any person being a housekeeper, and having a family, shall be exempt from levy and sale on execution: * The family Bible, family pictures, and school books, two swine or six goats, and all necessary fish, meat, flour, and vegetables, and one piece of land where kalo is growing, or any other vegetable, provided the same does not exceed one-half an acre, actually cultivated for family use, likewise a house lot not to exceed one-quarter of an acre, and the dwelling house, and other buildings thereon situated, providing the value thereof shall not exceed two hundred and fifty dollars. But this exemption shall not apply to mechanics and material men for labor performed and material furnished in the erection of such buildings. All necessary wearing apparel, mats, beds, bedsteads, and bedding for such person and his family. One poi board, two calabashes, one o-o, one table, six chairs, six knives and forks, six plates, six tea cups and saucers, one sugar dish, one milk pot, one tea pot, one coffee pot, and six spoons; the tools and implements of any mechanic necessary for carrying on his trade or business, not exceeding fifty dollars in value. The uniform of any officer or private belonging to any of the military forces of the Territory, his arms and accoutrements. NOTE TO CHAPTER 95. §§ 1462-1463 are C. L. §§ 1155-1156. §§ 1464-1470 are C. L. §§ 1016-1022. S. L. 1886, ch. 58. SS 1472-1483 are C. L. SS 1024-1035. 1471 is Cases in Hawaiian Reports: § 1462. Kamalu v. Lovell, 4 Haw., 601; Ah Chu v. Sung Co., 5 Haw., 292; R. v. Awana, 7 Haw., 305; Joliva v. Kaulukou, 7 Haw., 732; Kaheana v. Nalimu, 8 Haw., 228; Re Kealiiahonui, 9 Haw., 5; Herblay v. Norris, 9 Haw., 125; Kaleialii v. Grinbaum, 9 Haw., 215; Kukea v. Keahi, 10 Haw., 505. § 1463. Kekana v. Kalei, 3 Haw., 683; Luka v. Poohina, 3 Haw., 728; Gonsalves v. Brito, 8 Haw., 225; Kaniku v. Monsarrat, 8 Haw., 229; Kahula v. Kuamu, 6 Haw., 226; Dowsett v. Jones, 9 Haw., 548. 1469. Holmes v. Soper, 6 Haw., 565. § 1470. Everett v. Bowles, 6 Haw., 154. 1475. Lopez v. Kaiaikanaha, 9 Haw., 31; Hackfeld v. Ludovico, 10 Haw., 348. CHAPTER 96. COSTS IN THE JUDICIARY DEPARTMENT. [§ 1484.] § 1485. IN THE DISTRICT COURTS. For every summons, warrant, attachment, or other process issued by any district magistrate, one dollar. For every adjournment upon the motion of either party, twenty-five cents. For every subpoena, fifty cents. For administering any oath, ten cents. For filing any paper at the request of either party, ten cents. For every transcript of a judgment, fifty cents. For every bond or other security drawn by the magistrate, one dollar. For noting an appeal, ten cents; and for making a return thereof, one dollar. Witnesses' fees.-Every witness attending and sworn upon the trial of any civil case, twenty-five cents; and when coming from any place out of the district, fifty cents for each day's actual attendance. Constables' fees.-For serving any summons, warrant, attachment, or other process, one dollar. For every copy of an attachment and inventory of the property attached served upon the defendant, one dollar and fifty cents. For serving any execution, ten cents for every dollar collected up to fifty dollars, and five cents for every dollar over fifty dollars. For serving any subpoena, ten cents for each witness. For every mile of necessary travel more than one, in serving any process, five cents. For taking care of any property seized under an attachment, his reasonable and necessary expenses. § 1486. IN TRIALS AT CHAMBERS BEFORE THE CIRCUIT JUDGES. For every summons, warrant, attachment, or execution, one dollar. For every subpoena, fifty cents. For every adjournment on motion of either party, twenty-five cents. For administering any oath, ten cents. For filing any paper on motion of either party, twenty-five cents. For rendering and entering up judgment of record, one dollar. For every transcript of a judgment, fifty cents. For every bond or other written security drawn by the judge, one dollar. For noting an appeal, fifty cents; and making a return thereof, one dollar. Witnesses' fees.-Every witness attending and sworn upon the trial of any civil case, twenty-five cents; and when coming from any place out of the district where the court is holden, fifty cents for each day's actual attendance. Constables' fees.-The fees of constables shall be the same as those prescribed in the last preceding section for police courts. § 1487. In the supreme and circuit courts the costs for every summons, attachment, execution, or other process shall be two dollars; for every subpoena, one dollar; and there shall be no charge for drawing jury, issuing summons, and the service thereof on the panel of jurors. § 1488. The chief sheriff's or sheriff's fees for serving a summons or any other process (except a subpoena) shall be one dollar for each party served therewith; for serving any execution or other process for the collection of money, five cents for every dollar collected up to five hundred dollars, and two and one-half cents for every dollar over five hundred dollars; for every writ of possession or restitution, putting any person entitled into the possession of premises and removing a tenant pursuant to order of court, one dollar, and that no fee be charged for attendance upon the court. § 1489. The judge's fee for every attendance at chambers upon the hearing of any motion shall be one dollar. § 1490. In the probate courts the costs for every citation or summons shall be one dollar; for every subpoena, one dollar; for hearing proof and determining upon the validity of any will, two dollars; for taking, stating, and determining upon an account rendered, or deciding upon the distribution of personal estate, one dollar; for hearing and determining any objection to the appointment of an administrator or any application for his removal, or for the removal of any guardian, or any application to annul the probate of a will, one dollar; provided, that in all cases where the value of the estate shall not exceed the sum of five hundred dollars, not more than ten dollars in addition to costs of advertising shall be charged for costs of court, to comprehend all hearings and proceedings required by statute or ordered by the court, including final hearing and discharge of the executor, administrator, guardian, or trustees. § 1491. In all the courts of this Territory, in all actions of assumpsit there shall be taxed as attorneys' fees, in addition to the attorneys' fees now taxable by law, to be paid by the losing party and to be included in the sum for which execution may issue, ten per cent on all sums to one hundred dollars and two and one-half per cent in addition on all sums over one hundred dollars, to be computed on the excess over one hundred dollars. The above fee shall be assessed on the amount of the judgment obtained by the plaintiff and upon the amount sued for if the defendant obtain judgment. § 1492. IN THE CIRCUIT AND SUPREME COURTS. For filing any petition, plea, or other paper, at the request of either party, twenty-five cents. For every summons, attachment, execution, or other process, two dollars. For entering any petition, process, plea, or other proceeding of record, twenty-five cents per folio. For every subpoena, one dollar. For drawing jury and issuing summons for same, no charge. For swearing each witness on trial, ten cents. For swearing sheriff or other officer to take charge of a jury, ten cents. For entering any cause on the calendar for the court, and making a copy thereof for the use of the bar, one dollar. For receiving and entering a verdict or award, one dollar. For docketing a judgment, one dollar. For every transcript of a judgment, one dollar. For entering satisfaction of a judgment, one dollar. For every search of record, and certificate made at the request of any party, fifty cents. For every assessment of damages upon a promissory note or other instrument, one dollar. For entering any rule, order, or decree of court, and for every copy of the same, twenty-cents per folio. For entering any discontinuance, nonsuit, or default, one dollar. Attorneys' fees.-For drawing any petition or plea, three dollars; and for every copy thereof, one dollar and fifty cents. For every notice of trial, copy and service, one dollar. For every other notice in any cause, copy and service, one dollar. For attending upon the trial of any cause, or the argument of any motion, three dollars. For drawing bill of costs, copy and service, one dollar. For every attendance before a judge on taxation of costs, one dollar. For every motion for judgment, and other like motions, fifty cents. All actual disbursements sworn to by an attorney, and deemed reasonable by the taxing officer, may be allowed in taxation of costs. Chief sheriff's or sheriffs' fees.-For serving a summons or any other process (except a subpoena), one dollar for each party served therewith. For serving subpoena, fifty cents for each witness. For all necessary travel in making such service, ten cents per mile for every mile more than one. For a copy of any summons, petition, or other process, one dollar and fifty cents. For serving any execution, or other process for the collection of money, five cents for every dollar collected up to five hundred dollars, and two and one-half cents for every dollar over five hundred dollars. All fees paid to any printer for publishing an advertisement of the sale of any property. For every bill of sale, one dollar. For drawing, executing, and acknowledging a deed pursuant to a sale of real estate, five dollars, to be paid by the grantee in such deed. For drawing any bond required by law, one dollar. For summoning any panel of jurors to attend at any term of court, five dollars. For summoning any special jury, three dollars. For serving writ of possession, or of restitution, putting any person entitled into the possession of premises, and removing a tenant pursuant to the order of a court, one dollar. For bringing up a prisoner for trial, or upon habeas corpus to testify or answer in court, one dollar. For selling any property on an order from the court other than an execution, the same allowance as for service and sales by execution. For attending on the court, no charge. The fees for service of executions and collection of judgments, together with all other costs incurred after judgment rendered, not included in the judgment, shall, in all the courts of the Republic, be collected in addition to the sum directed to be levied and collected in the execution. Witnesses' fees.-One dollar for each day's attendance upon the court; and when they do not reside in the town where such court is held, five cents per mile for their necessary travel in going to and returning from the court. Jurors' fees.-The pay of jurors shall be as follows: Two dollars for each day's attendance in court; five cents for each mile of travel in coming to and returning from court, and one dollar for every verdict returned. The fees of witnesses and the fees of jurors for the verdict returned in each case shall be taxable items in the bill of costs to be paid by the losing party. Judge's fees.-For every attendance at chambers upon the hearing of any motion, one dollar. For every order for a commission to examine witnesses, or for letters rogatory, three dollars. For attending, settling, and certifying interrogatories to be annexed to a commission, or letters rogatory, three dollars. For every order for the examination of a witness conditionally, or upon any proceeding to perpetuate his testimony, one dollar, For every day's attendance upon the examination of such witness, five dollars. For every necessary order in the progress of a cause, one dollar. For taxing bill of costs, one dollar. For attendance in settling case, or bill of exceptions, one dollar. For taking the acknowledgment of satisfaction of a judgment, one dollar. For endorsing allowance on any process of constraint to the person or property of a party, one dollar. For taking a bond in any case when a bond is required by law, one dollar. For taking the oath or affidavit of any person, twenty-five cents. For attending to the selection of referees and certifying their appointment, three dollars. For every order, warrant, attachment, or other process made or issued in any special proceeding, five dollars. For every notice to any party, officer, or person, required to be given by any judge, one dollar. For every report, and all other papers which he may be required by law to prepare in order to be signed by himself, twenty-five cents per folio. § 1493. IN THE PROBATE COURTS. For every citation or summors, one dollar. For every subpoena, one dollar. For every copy of a citation or subpoena, one dollar. For every certificate of the proof of a will, endorsed thereon, and for every other necessary certificate, fifty cents. Hearing proof and determining upon the validity of any will, two dollars. For recording every will, with the proof thereof, letters testamentary, letters of administration, appointment of a guardian, and every other proceeding or order necessary to be recorded, twenty-five cents per folio. For copies and exemplifications of the probate of a will, letters testamentary or of administration, or of any other proceeding or order had before a judge or court having probate powers, twenty-five cents per folio. For the appointment of any administrator, guardian, or appraiser, two dollars. For administering any oath to administrator, appraiser, or guardian, twenty-five cents. For every bond taken from any administrator or guardian, or in any other case where a bond is required, one dollar. For taking, entering, and filing renunciation of any person entitled to be appointed an administrator or guardian, one dollar. For filing an inventory, or final account, and entering the same of record, twenty-five cents per folio. |