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Vol. IV. No. 598. J
HONOLULU, II. T.. DECEMBER 13, 18!)2.
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5 CENTS. m
To REORGANIZE THE JUDICIARY DEPARTMENT.
lie it Enacted by the Queen and the Ley isla lure oj the Hawaiian
Section 1. There shnll bo a Department of Government,
to bo styled tho Judiciary Department, which shall bo pre
sided over by tho Chief Justice, whoso duty it shall bo to
make a report to tho Legislature at each regular session
thereof, of the business of tho said Department, and of tho
administration of justice throughout tho Kingdom.
Section 2. Tho said Department and the several Judges
and other judicial officers thereof shall, in all respects, be in
dependent of both the executive and legislative departments
of Government. The Sovereign shall have no power to in
terfere with, alter or overrule any order, writ, judgment or
decision of any Court, Judge or other judicial oflicor ; provi
ded however, that nothing herein contained shall bo construed
to prevent the Sovereign from granting reprieves and par
dons, after conviction, for all offenses except in cases of im
peachment. Section 3. No Judge of the Supreme or any Circuit Court
or any Magistrate shall exercise tho profession or employ
ment of counsel or attorney-at-law, or be engaged in the
practice of law.
Section 4. . All questions of law arising in any cause shall
bo decided by the Court or Judge before whom the matter is
pending ; and the instructions of such Court or Judge in re
lation to the Jaw shall be binding upon the jury, if any be
empannelled in the cause.
Section 5. The common law of England, as ascertained by
English and American decisions, is hereby declared to be tho
common law of the Hawaiian Islands in all cases, except as
otherwise expressly provided by the Hawaiian Constitution
or laws, or fixed by Hawaiian judicial precedent, or establish
ed by Hawaiian national usage, provided however, that no
person shall be subject to criminal proceedings except as
provided by the Hawaiian laws.
Section 6. The several Courts of Record shall have power
to decide for themselves the constitutionality and binding
effect of any law, ordinance, order or decree, enacted or put
forth by the Sovereign, the Legislature, the Cabinet, the
Privy Council, or any executive board or bureau of the Gov
ernment. Tho Supremo Court shall have tho power to de
clare null and void any such law, ordinance, order or decree
as may, upon mature deliberation, appear to it to be contrary
to the constitution, or opposed to the law of Nations, or
any existing treaty with a foreign power ; provided, that such
decision shall be rendered in open Court after tho parties in
terested shall have had an opportunity to be heard thereon.
Section 7. The several Courts, in their decisions, shall
liave due regard to vested rights.
Section 8. There shall be appointed one or more District
Magistrates for each Judicial District of tho Kingdom. Such
Magistrates shall bo persons proficient in tho Hawaiian lan
guage, and shall be commissioned by the Chief Justice, or in
his absence or disability, by any Justice of tho Supreme
Court upon tho written nomination of tho Cabinet or of a
majority of tho members thereof ; provided, that a majority
of the Justices of the Supremo Court shall have first endorsed
upon the paper containing such written nomination, their ap
proval of the appointment of tho person so nominated. Every
such Magistrate shall reside in tho Judicial District for
which ho is commissioned.
Section 9. Tho District Magistrates shall hold office for
tho term of two years from tho date of their respective com
missions ; provided, however, that any District Magistrate may
bo removed from oifico for cause by tho Supremo Court or by
tho Circuit Judge of tho Judicial Circuit in which tho dis
trict of tho Magistrate complained of is situated.
Section 10. Tho District Courts shall have original and
oxclusive jurisdiction of all civil actions, except as hereinafter
otherwise provided, whore tho debt, amount or damages, or
the value of tho property claimed, shall not exceed fifty dol
lars ; and concurrent jurisdiction in all civil actions, oxcopt
as aforesaid, whore tho debt, amount or damages, or tho
value of tho property claimed, shall not oxceed three hun
dred dollars, and shall have original jurisdiction in all statu
tory proceedings as conferred by law upon Polico and Dis
trict Courts or which may hereafter bo placed by law within
tho jurisdiction of District Courts, and to try and determine
tho same, oubjoct to appeal according to law ; provided, how
ever, that such courts shall not have cognizance of real
actions, nor actions in which tho title to roal estate shall
come in question, nor actions for libel, slandor, defamation
of character, malicious prosecution, false imprisonment, breach
of promise of marriago, or seduction, nor of any civil matter
required by law to bo tried by a jury ; nor shall they have
power to appoint referees in any cause.
Section 11. Tho District Courts shall have exclusive orig
inal jurisdiction within their respective districts oVor all
criminal offenses which aro within the jurisdiction of l'olico
and District Courts according to law or which may hereafter
be placed by law within tho jurisdiction of District Courts.
And they shall have power, subject to appeal according to
law, to try without a jury, and to render judgment in all cases
of criminal offenses coming within thoir respective jurisdic
tions, provided, however, that any person arrested upon a
charge of having committed an offenso in a district other than
that in which ho was arrested, may elect upon the consent
.of a duly authorized prosecuting officer, to bo tried therefor
in the district whore ho was arrested. Their criminal juris
diction shall bo. co-oxtonsivo with tho Judicial Circuit in
which their respective districts aro situated for the purpose
of tho arrest, examination, commitment and enlargement of
parties accused, the issuo of search warrants according to
law, and to compel the attendance of witnesses.
Section 12. The District Magistrates shall have power to
administer oaths, to perpetuate testimony under commissions
issued to them from other Courts, and to issue commissions
for tho perpotuation of testimony to bo used in controversies
ponding boforo thorn, to grant continuances of pioceediugs
before them, to subpoena and compel the attendance of wit
nesses within their respective districts, to enforce judgment
and to punish contempts according to law.
Section 13. The District Magistrates shall in all cases
preserve in written detail the minutes and proceedings of
their trials, transactions and judgments, with tho substance
of tho testimony and tho facts upon which thoir decisions
Section 14. Tho original writ in all civil actions begun
before a District Court, shall bo$n. summons, a writ of re
plevin, a capias or an 'attachment, and shall bo signed by tho
Magistrate of such Court, and shall contain a notification to
tho defendant that if ho fails to attend at tho time and place
of trial designated in tho writ, judgment will be rendered
upon default according to tho evidence taken ex parte. All
original writs shall be returnable not less than one nor more
than six days from the date of issue.
Section 15. Such Magistrate shall issue an attachment
against tho personal property of the defendant when requested
in any action founded on a judgment or on a contract, express
or implied, if tho plaintiff, or some one on his behalf, shall
make and file in such Court an affidavit specifying, as near as
may be, tho amount duo tho plaintiff from the defendant,
exclusive of all set-offs and counter claims, and containing a
further statement eithor that the deponent knows, or has
good reason to believe. ,.
Fii-sl: That the defendant contracted tho debt sued upon
in a fraudulent and deceitful manner, or upon false and un
founded pretouces ; or
Second: That tho defendant has assigned, disposed of, or
concealed, or is about to assign, dispose of or conceal his
properly, with the intent to defraud his creditors ; or
Third: That tho defendant is about to remove any of his
property from tho Island wherein such application is made,
with tho like intent, and that he refuses and neglects to pay
or secure the payment of the debt ; or
Fourth: That tho defendant has absconded to the injury
of his creditors ; or is not a resident of this Kingdom ; or
has not resided therein for one month immediately preceding
such application ;
Provided, that it shall not bo lawful for such Magistrate to
issuo an attachment until tho applicant shall havo deposited
with him a bond in a penal sum of not less than fifty nor
more than five hundred dollars, with ono or moro sufficient
sureties, to bo approved by such Magistrate, conditioned for
tho payment of all tho costs of tho proceeding, and of all
damages sustained by tho defendant by reason of the attach
ment, in case tho plaintiff shall not sustain his suit, or in case
tho attachment shall.be dissolved, by competent authority,
boforo final judgment in such suit. Such altaohinont may bo
in tho following form :
To any Constablo of tho District of : Inland
of 11. I.
You are hereby commanded to attach and safely kcop tho
property of if any can bo found within
this District, subject to tho order of this Court, (or otlior
Court as tho caso may bo) at the sworn information and suit
of . plaintiff, to answor to a debt, (or obli
gation as the caso may bo) alleged to bo duo him from tho
said and having so attached, you aro fur
ther commanded to summon tho said if ho
can bo found in this District, to appear and answor tho com
plaint and dbmand of tho said plaintiff boforo mo at
on tho .... day of A. I) ,
(or boforo another Court as tho caso may bo, stating tho
time,) and then and there show cause, if any ho lias, why
judgment should not bo rendered against him, and tho prop
erty attached subject to execution, levy and salo for tho pay-
mont of tho said demand, interest and costs.
Notify tho said that upon default to
attend at tho time and placo above mentioned, judgment will
bo rendered against him ex parte by default.
Given under my hand this .... day of
. A. D. . . .
District Magistrate of
Section 1(5. Such attachment shall bo dissolved by the
Magistrate issuing tho same in case the applicant fail to es
tablish his claim on appearance and contest of the merits by
tho defendant, or if, having appeared in tho cause, tho de
fendant, upon motion to dissolve such attachment, shall prove
to the satisfaction of the Court that tho alleged special facts
upon which such attachment was issued did not, at the date
of such issue, exist, but in caso tho defendant make default,
or appearing, tho plaintiff substantiate his demand, the prop
erty attached shall bo liable to execution at his instance, and
shall bo levied on, advertised and sold as in other cases, sub
ject to tho right of appeal, and the right of property in third
Section 17. Every attachment issued as aforesaid shall
be imposed by placing the proporty in security, without re
moving tho same from tho defendant's promises, except for
greater safety, at the option of tho officer exocuting tho writ.
Tho officer 'so attaching shall take an inventory thereof, and
append a copy of tho same to his return of tho attachment.
He shall also furnish a copy of the inventory to the defend
ant, and shall post in three conspicuous places in tho district
a notice as follows :
By virtue of a writ from District Mag
istrate of returnable at on
the day of A. D , at
the suit of for dollars, I
have attached, subject to a demand to be proved, the follow
ing articles of properly, to wit :
All persons having rights. in said property are hereby no
tified to prove thoir. claims on or before the return day above
Dated the day of A. D
Section 18. Upon complaint made to any District Magis
trate of the commission of any offense within the jurisdiction
of such Magistrate to hear and determine, he shall examine
the complainant on oath, shall reduce the substance of the
complaint to writing, and cause the same to be subscribed by
the complainant, and, if it shall appear that such offense has
been committed, the said Magistrate shall issuo his warrant,
reciting such complaint, and requiring tho Marshal, or other
officer to whom it is directedjoxcopt as provided in tho next
succeeding Section), forthwith to arrest tho accused and bring
him bofore such Magistrate to bo dealt with according to
law ; and in tho same warrant may require the officer to
summon such witnesses as shall be named therein to appear
and give ovidonco at tho trial. Such warrant may be in the
following form :
To any Constablo of tho District of
Island of II. I.
You aro hereby commanded, on tho information of
, verified by oath, forthwith to arrest and
take tho body of , accused of ,
if he can be found, and forthwith have his body boforo me
at the District Court room of tho said District, at any time
between the hours of A. M. and P. M. of
tho day of A. D (to
answer to tho said accusation, or to show cause why he
should not be committed for trial at the Circuit Court of
tho Judicial Circuit.) And you aro also
commanded, having arrested tho said , to
summon as witnesses of accusation , if
they can bo found, and to make due return of your proceed
ings upon this writ.
Given under my hand this day of A. D. .
District Magistrate of
Section 10. "Whoro, from such complaint, it shall appear
to such Magistrate that tho offense charged thoroin is not of
a sorious nature, or not ono for which a severe- penalty should
bo imposed, and where tho person complained against is so
situated as to raise no presumption of his attempting to
elude justice in tho premises, such Magistrate may, in his
discretion, (unless tho complainant shall in writing request
tho iminediato arrest of such alleged offender), issuo his sum
mons, whoroin shall bo recited tho substance of such com
plaint, commanding such alleged offender to appear boforo
him upon a time to bo thoroin stated, not less than twenty
four houiB from tho time of sorvico of summons, and thou
and there to answor such charge. Such summons shall con
tain a warning to tho person summoned that failure to obey
tho samo will render him liable to attachment for contempt.
Section 20. Such summons shall be served by handing
tho accused a copy thereof, and showing him tho original or,
if ho cannot bo found, by leaving such copy, during businoss
hours, at his usual placo of businoss or employment or by
leaving such copy at his placo of residence, nt any reasonable
hour, in charge of some porson of discretion. Should tho al
leged offondor fail to appear at tho prescribed time and placo,
after having been so summoned, ho may bo attached for con
tempt, and dealt with accordingly.
Section 21. Such Magistrate may, for any cause which
shall appear to him to bo sufficient, at any time after tho is
suo of such summons, and by virtuo of tho complaint thoroin
Wlldor's Steamship Co,
W. C. Wn.nt.it, Pres. S. II. Hose, Sec.
Cu-t. J. A. Kino, Port Stit.
Will leave Honolulu nt 2 i m.. touching nt
Lahninn, Munition liny nnd Mnkcna tho
sumo ilny; MiihukonuKuwuihnc ami I.uu
p.ihochoc tho following dnv, arriving nt
Htlo nt iitlilnlislit.
Returning loaves Hilo. touching nt Lnu-
uhoehoe same tiny; Knwnihac a. m-; Mu
uikona 10 a. m.: Makena 4 p. .v.: Mnahicn'
llny(li m.j l.nlmiim 8 i t. the following
day; arriving nt Honolulu (J a. m. Wednes
days nud Saturdays.
AKIUVKS AT HONOLULU:
.. .Inn. 13
.. Keb. 11
.. Mar. 7
Wednesday.. . .... Dec. 21
Saturday . . Dec. 31
Wednesday . . .... .Inn. 11
Saturday . . . .Inn. 21
Wednesday.. . . .Feb. 1
Wednesday . . Peb, 22
Saturday Mar. 4
Wednesday Mar. 15
S.iturdny. .' Mnr, 25
t6t No Preight will be received nfter
12 noon on day of sailing.
Will leave Honolulu every Tuc-dav at 5
i'. m., touching ut Knhului, Huelo, liana,
Hiinioa and Kinahulu.
Iteturning will arrive nt Honolulu every
No Prvluht will be received after
I v. M. on ilny of sailing.
Consignees must be at the landings to
receive their Prcight, n we will not hold
ourselves responsible, after such Freight
has been landed.
While the Company will use duo dili
gence in bundling Live Stock, we decline
to assume tiny responsibility in cuse of the
losh of same.
The Company will not be responsible for
Monoy or Jewefrj unless placed in the care
1M. 6. 1RI1 & CO.
OPFHR POU SALi:
AI.KX. CHObK .1 FONs'
Celebrated High Grade Cane Manures.
We are also prepared to take orders for
Messrs. 1ST. Olaletncit &Co,'a
InMiring prompt delivery.
This is a superior Paint Oil. con
suming less pigment than Liifeed Oil, and
giving n insuiig iiriuiiinoy 10 colore.
Used with driers it gives n splendid floor
Fairbank Canning Co.'s Corned Beef
rnunNi: paint co.'s
Compounds, Roofing & Papers,
Reed's Patent Steam Pipe Covering.
Jarboos' Diamond, Enamel & Ever
Kspecinlly designed for Vucnuni Pans,
Wm. U. Irwin & Go.
Win. G, Irwin. - President nud Mannger
Claus Spreckels, - - - - Vice-President
W. M. tlillurd, Feereturv and Treasurer
Tlii-o. u. rorter - - -
AQKNTS OF THE
Oceanic Steamship Company,
OP SAN PRANOISCO, OAL.
CHAS. T. GULIOK,
Notary Public or the Island or Oahu.
Agent to take Acknowledgements to La
Agent to grant Marriage Licenses, Hono-
Agent for the Hawnilun Ulnnds of Pitt A
Scott's Prulght and Parcel Kx press.
Agent for tho llurllngtou Route.
RKAL KSTATK 11ROKKR
ami GKNKRAL AUKNT.
Hku.IHS- TKLKPHONK -Mutual UU
P, O. llox H5
30 Mcruhunt st. - - Houolulu, H, I,