§172-3 Enforcement of payment.

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§172-3 Enforcement of payment. The attorney general shall proceed at any time after the determination of the commutation due as hereinbefore provided, to enforce payment of the same by any proper proceedings brought in the name of the State. The attorney general may foreclose the lien herein provided by suit in equity as hereinafter provided, and jurisdiction to hear and determine all such suits is hereby conferred upon the respective circuit courts. In any such suit service of process may be made by publication thereof in a newspaper of general circulation in the State once each week for three successive weeks, in form substantially as follows:

FORECLOSURE OF LIEN

FOR COMMUTATION

In the Circuit Court of the State of Hawaii,

.........................Circuit

To (here insert the names of the owners of the property so far as known) and to all whom it may concern:

Whereas, a complaint has been filed by the State to foreclose its lien for commutation to extinguish the government's rights in the following described land:

(Here insert description of land sufficient to identify the same, giving number of land commission award, name of awardee and date of award.)

You are hereby ordered to appear before the Honorable ................., circuit judge of the ............... circuit, at the courthouse at ............... on the island of ............... on the ..... day of ............... A.D. 19....., at ..... o'clock .....M., to show cause, if any you have, why the complaint of the State to foreclose its lien for the commutation on the above land in the sum of ............... dollars, should not be granted. And unless you appear before the circuit judge at the time and place stated, your default will be entered and the complaint for foreclosure will be taken as confessed and you will be forever barred from contesting the complaint for foreclosure or any decree or order entered thereafter.

Witness the presiding judge of the circuit court, said circuit, this ..... day of ............... 19.....

Attest: ...........................

Clerk.

The return day of the notice shall be not less than twenty-one nor more than sixty days from the date of issue.

A copy of the published notice shall be mailed by the clerk to every person named therein whose address is known. A duly attested copy of the notice shall be sent to the registrar of conveyances, who shall make and keep a record of the notice. The certificate of the clerk of the circuit judge that the clerk has served the notice as directed by the court, by publishing or mailing, shall be filed in the case before the return day and shall be conclusive proof of the service. [L 1909, c 90, §3; RL 1925, §572; RL 1935, §1603; RL 1945, §4633; RL 1955, §100-3; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; HRS §172-3; am L 1973, c 31, pt of §21; gen ch 1985]

Note

The amendment made by L 2014, c 218, §8 is not included in this section.

Rules of Court

As to one form of action whether at law or in equity, see HRCP rules 1, 2, 81(i).

Process, service, return, see HRCP rule 4.