§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]



 



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.