CHAPTER XXVII.

 

OF COSTS IN THE JUDICIARY DEPARTMENT.

 

§1277. In the District Courts:

 

For every summons, warrant, attachment, execution or other process, issued by any district justice, one dollar.

 

For every subpoena, fifty cents.

 

For rendering and entering up judgment, one dollar.

 

For, administering any oath, twelve and a half cents*

 

For noting appeal, and making return upon the same to appellate court, one dollar.

 

Witnesses’ Fees :—For every witness attending and sworn upon the trial of any civil case, twenty-five cents.

 

Constables’ Fees :—For serving any warrant or summons, one dollar.        

 

For serving any attachment, one dollar; and for a copy thereof, and an inventory of the property attached, to be left with the de­fendant, or at his last place of residence, one dollar.

 

For all necessary travel in serving summons, warrant, attach­ment, execution or other process, five cents per mile for every mile more than one.

 

For serving subpoena, twelve and a half cents for each witness.* For serving any execution, ten cents for every dollar collected up to the amount of fifty dollars, and five cents for every dollar collected over fifty dollars.

 

§1278. In the police Courts:

 

For every summons, warrant, attachment or other process, issued by any police justice; one dollar.

 

For every adjournment upon the motion of either party, twenty-five cents.

 

For every subpoena, fifty cents.

 

For administering any oath, twelve and a half cents.*

 

For filing any paper at the request of either party, twelve and a half cents.*

 

* By order of justices of the Supreme Court. Rule XVI. Whenever the statute cost is twelve and a half cents, only ten cents shall be taxed.

 

For rendering and entering up judgment, one dollar.

 

For every transcript of a judgment, fifty cents.                                                              

 

For every bond, or other security, drawn by the justice, one dollar.

 

For noting an appeal, twelve and a half 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, twelve and a half 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.

 

§1279. 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, twelve and a half 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.

 

*By order of Justices of the Supreme Court. Rule XVI. Whenever the statute cost is twelve and a half cents, only ten cents shall be taxed.

 

Witnesses’ Fees .—Every witness attending and sworn upon the trial of any civil case, twenty-five cents; and when coming from anyplace 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.

 

TO REDUCE CERTAIN COSTS IN THE SUPREME, CIRCUIT AND PROBATE COURTS, AND TO ESTABLISH ATTORNEYS’ FEES.

 

Be it Enacted by the King and the Legislative Assembly of the Hawaiian Islands, in the Legislature of the Kingdom assembled:

 

Section 1. That in the Supreme and Circuit Courts, the costs for every summons, attachment, execution or other process, shall Chap. XXIX. 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.

 

Section 2. That the marshal’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.

 

Section 3. That the judge’s fee for every attendance at chambers upon the hearing of any motion shall be one dollar.

 

Section 4. That 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.

 

Section 5. In all the courts of this Kingdom, in all actions 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 he assessed on the amount of the judgment obtained by the plaintiff and upon the amount sued for, if the defendant obtain judgment.

 

Section 6. This Act shall take effect and become a law from the day of its passage, and all laws and parts of laws inconsistent with the provisions of this Act are hereby repealed.

 

Approved this 29th day of July, A.D. 1872.

 

§1280. 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, record, twenty-five cents per folio

 

For every subpoena, one dollar.

 

For drawing jury and issuing summons for same, no charge. For calling and swearing any jury, one dollar;

 

For swearing each witness on trial, twelve and a half cents.*

 

*By order of Justices of the Supreme Court. Rule XVI. Whenever statute cost is twelve and a half cents, only ten cents shall be taxed.

 

For Swearing sheriff or other officer, to take charge of a jury, twelve and a half 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-five cents per folio.

 

For entering any discontinuance, nonsuit or default, one dollar.

 

For drawing any bond or other written security, one dollar.

 

For serving any notice upon either party, 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 a 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.

 

Marshal’s or Sheriff’s Fees:—For serving a summons, or any other process, (except a subpoena) one dollar for each party served Amendment therewith.

 

For serving subpoena, fifty cents for each witness.

 

For attorneys’ fees in actions of assumpsit, see Sec. 5 of Act 1872, XXIX.

 

*By order of Justices of the Supreme Court. Rule XVI. Whenever the statute cost is twelve and a half cents, only ten cents shall be taxed.

 

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 King­dom, be collected in addition to the sum directed to be levied and collected in the execution.

 

Witnesses’ and Jurors’ 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 shall also be allowed fifty cents for every case in which they return a ver­dict.

 

TO FIX THE PAY OF JURORS

 

Section 1. From and after the date of the passage of this Act, 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.

 

Section 2. This Act shall become a law from and after the date of its approval, and the words “and Jurors’ fees” in the seventieth line, and the words “Jurors shall also be allowed fifty cents for every case in which they return a verdict” in the seventy-third and seventy-fourth lines, and the words “Jurors and” in the seventy-fifth line of Section 1280 of the Civil Code shall be and the same are hereby repealed.

 

The fees of jurors and witnesses shall be taxable items in the bill of costs to be paid by the losing party.

 

Judge’s Few—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.

 

§1281. In the Probate Courts:

 

For every citation or summons, 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.

 

For making any order for the sale of real estate, and for every other necessary order, one dollar.

 

For taking, stating and determining upon an account rendered, or deciding the distribution of personal estate, one dollar for the case.

 

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.

 

For hearing and deciding any application to lease, mortgage or sell real estate, three dollars.

 

Searching records of office and giving certificate, one dollar.  For every appointment of commissioners to admeasure dower; or to make partition of real estate, two dollars.

 

For hearing and determining upon the report of such commis­sioners, two dollars.

 

All actual disbursements for printing.

 

For receiving and distributing any money on the sale of real estate, a commission of five per cent on all sums up to the amount of five hundred dollars, and two and a half per cent. on all sums over five hundred dollars.

 

Frees of Executors, Administrators and Guardians:—For receiv­ing and paying out moneys, ten cents for every dollar up to and not exceeding one thousand dollars; seven cents for every dollar over one thousand, up to and not exceeding five thousand dollars; five cents for every dollar over five thousand dollars; and such additional allowance for their actual expenses as the judge or court shall deem just and reasonable. Where provision shall be made by any will for specific compensation to an executor, the same shall he deemed a full satisfaction for his services, in lieu of the fees hereinbefore prescribed, unless such executer shall by a writ­ten instrument, to be filed with the court or judge, renounce all claim to such specific compensation.

 

Fees of Commissions and Appraisers: —For every day’s actual and necessary attendance in admeasuring dower, partitioning real estate, or appraising property, five dollars; and all actual disburse­ments for surveying, plans, &c.

 

Witnesses’, Marshal’s or Sheriff’s Fees:—Shall be such as the court or judge shall deem just and reasonable.

 

In all probate matters, where the value of the estate to be ad­ministered upon shall not exceed one hundred dollars, no costs shall be charged except those of actual disbursements. And where the value of the estate shall be more than one hundred dollars, and not exceed the value of five hundred dollars, the judge shall have power to diminish the costs in his discretion, whenever the circumstances of the parties interested shall seem to demand it.

 

All judges’, justices’ and clerks’ fees, provided for in this chap­ter, shall be accounted for, quarterly, to the Minister of Finance, for the benefit of the public treasury.

 

§1282. The Justices of the Supreme Court shall have power, from time to time, to revise the costs and fees provided in this, chapter, but not to increase the same; and also to prescribe such costs and lees as they shall deem reasonable, in all cases not Therein provided for.

 

 

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