§669-3  Notice by publication or registered
mail.  In any action brought under section 669-1(a) or (b), unknown persons
and any known persons who do not reside within the State or cannot after due
diligence be served with process within the State may be served as provided by
sections 634-23, 634-24, and 634-26; provided that section 634-23(3)
notwithstanding, service by publication in any action brought under section
669-1(a) or (b) shall be made in an English language newspaper published in and
having a general circulation in the circuit in which the action or proceeding
has been instituted, and if the action or proceeding has been instituted in any
circuit other than the first circuit, service by publication shall also be made
in an English language newspaper having a general circulation in the State. 
Publication shall be made in such manner and for such time as the court may
order, but not less than once in each of four successive weeks, the last
publication to be not less than twenty-one days prior to the return date stated
herein unless a different time is prescribed by order of the court.  A copy of
the summons also shall be posted upon the real property concerned in the action
or proceeding. [L 1959, c 52, pt of §2; Supp, §242-2.1; HRS §669-3; am L 1972,
c 90, §12(c); am L 1976, c 183, §4; am L 1983, c 222, §2]



 



Cross References



 



  Publication, how made, see §601-13.



 



Rules of Court



 



  Proof of publication, see RCC rule 11.



 



Case Notes



 



  This section applies only to potential claimants who cannot
be found; action under §669-1(b) not in rem as to persons who can be found and
they must be personally served with process.  50 H. 201, 436 P.2d 752.



  Where action is under §669-1(a), what provision for
publication.  See 46 H. 1, 373 P.2d 710.