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

 

FORECLOSUREOF LIEN

FORCOMMUTATION

In theCircuit Court of the State of Hawaii,

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

 

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

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

(Here insert description of land sufficient toidentify the same, giving number of land commission award, name of awardee anddate of award.)

You are hereby ordered to appear before theHonorable ................., 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 complaintof the State to foreclose its lien for the commutation on the above land in thesum of ............... dollars, should not be granted.  And unless youappear before the circuit judge at the time and place stated, your default willbe entered and the complaint for foreclosure will be taken as confessed and youwill be forever barred from contesting the complaint for foreclosure or anydecree or order entered thereafter.

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

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

Clerk.

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

A copy of the published notice shall be mailedby the clerk to every person named therein whose address is known.  A dulyattested copy of the notice shall be sent to the registrar of conveyances, whoshall make and keep a record of the notice. The certificate of the clerk of thecircuit judge that the clerk has served the notice as directed by the court, bypublishing or mailing, shall be filed in the case before the return day andshall be conclusive proof of the service. [L 1909, c 90, §3; RL 1925, §572; RL1935, §1603; RL 1945, §4633; RL 1955, §100-3; am L Sp 1959 2d, c 1, §21; am L1961, c 132, §2; HRS §172-3; am L 1973, c 31, pt of §21; gen ch 1985]

 

Rules of Court

 

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

  Process, service, return, see HRCP rule 4.