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powors which aro or may bo givon (0 thorn by the laws of
the Kingdom, or which may bo necessary for tho promotion
of justice in matters ponding before thorn.
Section 43. Tho several Circuit Judges shall havo power
to administer oaths, and to compel tho attendance of parties
and witnosses from any part of the Kingdom, and tho pro
duction of books, papers and accounts, to make and award
all such judgments, decrees, orders and mandates, to issuo
all such executions and other processes, and to tako all other
stops nocossary for tho promotion of justice in matters pend
ing before them in Chambers, and to take all other stops
necessary to carry into full efloct all the powers which aro or
may bo givon thorn by tho laws of tho Kingdom, in like
manner as tho Circuit Courts may do in term time.
Section M. "Whenever a cause shall bo at issuo in a
Circuit Court, and it shall appear that tho trial of the samo
will require tho oxamination of a long or complicated account
on oithor side, such Court may, upon tho application of
oithor party, or without such application, order such cause to
b,o referred to three impartial and competent porsons. Each
party shall havo tho right to name one of the referees, and
tho Court shall appoint tho third, and in case oithor party
shall fail to nominate, the Court shall do so for him.
Suction -15. If any Circuit Judgo, other than tho Circuit
Judges of theTirst Circuit, shall bo disqualified from sitting
in any cause ponding before his Court, or before him in
Chambers, or shall be unable to attend the trial of such
causo, or of any term of his Court, from sickness, accident,
absence or other reason, the Circuit Judgo of some other
Circuit who shall bo thoreto authorized by the written
request of tho Chief Justice, may preside at the trial of such
cause, or at such term of tho said Court.
Section -16. If tho Judgo of any Circuit Court, or any
other Circuit Judgo, authorized to preside at such Court as
hereinbefore provided, shall fail to attend such Circuit Court
at tho timo at which it is appointed to bo held, the SheriiT,
or some Deputy Sheriff, shall open the court and adjourn tho
samo, from timo to time, until tho attendance of one of the
said Circuit Judges, or iintil the time for holding such Circuit
Court has expired ; but no such adjournment shall bo for a
longor period than three days, unless there shall be on file
with tho Clerk at tho timo of such adjournment a written
order by the Judge of such Court fixing the day to which
the Court shall staud adjourned.
Section '17. All defendants in criminal cases, bound to
appear at any Circuit Court which shall have failed to hold
its term under tho provisions of the last preceding Section
shall be bound to appear at the next term of said Court.
Section 'IS. It shall bo the duty of the First Judge of
the First Circuit, and of the several Judges of the other
Circuits, during the month of January of each year, to report
to tho Chiof Justice tho amount and kind of official business
done in their Courts, and by them in Chambers, respectively,
and by tho inferior Courts of their respective Circuits,
during the preceding year, the uumbor of persons prosecuted,
the crimes and misdemeanors for which such prosecutions
were had, and the results thereof, and the punishments
awarded any person convicted thereon, as well as the num
ber, kind and results of civil proceedings had in their res
pective Circuits, and the names of tho parties thereto.
THE SUPREME COURT.
Section 49. The Supreme Court shall consist of a Chief
Justice and two Associate Justices ; provided, however, that
the existing Justices of the Supreme Court shall exercise
their functions as Justices of the Supremo Court under the
provisions of this Act according to their constitutional
tenure of office.
Section 50. The Supreme Court shall have the general
superintendence of all Courts of inferior jurisdiction, to
prevent and correct errors and abuses therein where no other
remedy is expressly provided by law.
Section 51. The Supremo Court shall havo appellate
jurisdiction to hear and determine all questions of law, or
of mixed law and fact, which shall bo properly brought
before it on exceptions, error or appeal duly perfected from
any other Court, Judge, Magistrate or Tribunal, according to
law, or by reservation of any Circuit Court or Judgo ; and
original jurisdiction in all questions arising under writs of
error, certiorari, mandamus, prohibition and injunction direct
ed to Circuit Courts, or to Circuit Judges, or to Magistrates,
or other, judicial Tribunals, and returnable before tho Su
premo Court. Tho Supremo Court and tho several Justices
thereof in aid of tho appollato jurisdiction of tho Court shall
havo power to issuo writs of mandamus, certiorari, prohibi
tion and habeas corpus, and all other writs nocossary or pro
per to the complete exercise of tho appollato jurisdiction of
tho Court, and each of tho Justices shall havo original
jurisdiction and power to issuo writs of habeas corpus and
may make such writs returnable before himself or tho Su
premo Court or boforo any Circuit Court or any Judge thereof.
Section 52.. Tho Supreme Court shall havo power to
compel tho attendance of witnesses and tho production of
books, papers and accounts; to make and award all such judg
. inonts, decrees, ordois and mandates ; to issuo all such exe
cutions and other processes, and to do all such other acts
and tako such other stops as may bo nocossary to carry into
full effect tho powors which aro or shall bo givon to it by tlio .
Constitution and laws, or for tho promotion of justice in
matters ponding boforo it.
Section 53. Tho several Justices of tho Supremo Court
shall have the power to administer oaths, to issuo writs of
error to any inferior Court of Justice according to law, to
issuo writs of certiorari and maiulumuH to Circuit Courts and
Circuit Judges, and to issuo writs of prohibition and injunc
tion to Circuit Courts and Circuit Judges and to parties
litigant boforo such Circuit Courts and Circuit Judges ; all of
which writs shall bo returnable boforo tho Supremo Court.
Section 54. Tho Supremo Court shall hold four torms'in
each year, beginning on tho third Mondays of March, Juno,
Soptombor and December; it may, howovor, hold special
terms at other times whenovor it shall bo necessary to tho
promotion of justice ; provided that it shall bo doomed to bo
continuously in session, except 011 Sundays and legal holidays,
for tho issuo and return of such writs and the hearing thereof,
as aro mentioned in Section 53 ; and such writs, should neces
sity require, may bo issued on a Sunday or legal holiday.
Section 55. Tho terms of tho Supreme Court shall bo
hold in Honolulu, Island of Oahu ; provided that the Chiof
Justice may, in case of war, pestilence or othor public
calamity, or tho danger thereof, appoint a different place for
tho sitting of tho Court, pro tempore. Tho tonus of tho
Supreme Court may bo continued and hold from tho opening
thoroof, respectively, until and including tho eighteenth day
thereafter, Sundays and legal holidays oxcopted.
Section 5G. Parties to causes ponding boforo tho Supremo
Court shall bo entitled to hearing boforo all of tho Justices
thoroof, and may not bo compelled to go to trial before loss
than the full number thoroof ; provided, howovor, that if any
Justice of tho Supremo Court shall bo disqualified from
sitting in any causo ponding before tho Supreme Court, or
shall be unable to attend from sickness, accidout, absence, or
any other reason, his place for the trial and determination of
such causo, shall bo filled by one of tho Circuit Judges who
has had no connection with tho said cause, either as counsel
or in his official capacity, or by any competent and disinter
ested member of the Bar of tho Supreme Court thereunto
authorized by tho written request of the remaining Justices.
Any decision, judgment, order of the Supremo Court, decree
made, or procoss issued by such Court so constituted, shall
havo tho samo force and effect as if it was made or issued by
the Supreme Court sitting in full bench; but further provided,
that in no caso shall two such vacancies in the Supreme
Court be filled, as aforesaid, at one and tho samo time.
Section 57. "Upon all questions arising under the oxerciso
of the jurisdiction of tho Suprome Court, when argument of
counsel may be desired or intended by tho parties, or may
bo requested by tho Court, tho Court may order such argu
ment to bo had at any of tho said terms. And after the
argument of any causo, or when the same is submitted on
briefs, if tho Court is of opinion that a certain point or legal
proposition is involved which is material to the decision of
the caso and which has not boon raised or argued by counsel
on either side, the case shall not bo decided on such point or
proposition until counsel for both sides have had an oppor
. tuuity of arguing the samo before the Court.
Section 58. The Suprome Court may, from time to time,
make rules consistent with existing laws for regulating the
practice and conducting tho business of said Court, and
thereafter revise tho said rules at its discretion ; but in no
case shall havo power to impose costs not expressly author
ized by law.
CLERKS OF THE JUDICIARY DEPARTMENT.
Section 59. There shall be a Clerk of tho Judiciary De
partment and as many Deputy Clerks as the business of the
Department shall require, whose salaries shall be fixed by
tho Legislature. Tho Clork of tire Judiciary Department
shall be appointed by tho Justices of the Supreme Court, and
shall bo ex officio Clerk of all the Courts of Record of the
Kingdom, and as such may issuo process returnable in all
such Courts. He shall have supervision and direction of
the Deputy Clerks, but shall not bo held responsible for their
acts or omissions. Ho shall havo charge of the records,
moneys and business in the central office, in Honolulu, and
shall supervise and direct the mode of keeping accounts and
There shall bo two or more Deputy Clerks appointed for
tho First Circuit by tho Circuit Judges thereof and the
Justices of the Supremo Court, who shall bo Clerks of the
Supreme Court and of the Circuit Court of tho First Circuit.
There shall also bo one Deputy Clerk appointed for each of
tho other Circuit Courts by tho respective Circuit Judges
thoroof. All Clerks shall bo liablo to removal for inefficiency
or misconduct by tho Justices of the Supremo Court ; and tho
Deputy Clerks appointed to the Circuit Courts shall also be
liable to removal bj tho respective Judges of such Courts.
Section 00. Tho Clork and each of tho Deputy Clerks
shall givo a bond to tho Minister of Finance for tho faithful
performance of his official duties ; the amount and sufficiency
of which shall bo approved by tho Chief Justice. Tho
Clork shall havo supervision and direction of tho Deputy
Clerks, but shall not be hold responsible for their acts or
Section fil. Tho Clork shall havo chargo of tho records
and business in the Honolulu office, 0110 Deputy Clork shall
bo assigned to each Circuit Judgo of tho First Circuit, and
there shall bo ono or more Deputy dorks assigned to each
of tho other Circuit Courts. Tho Clork may temporarily
assign to any Deputy Clork, with tho consent of tho Circuit
Judgo of tho Circuit to which such Deputy Clork is per
manently assigned, any clerical duties in any other Circuit
than tho ono in which ho is located.
Section G2. Tho Clerks of tho Courts of Record of tho
Kingdom shall havo power to issuo process, administer
oaths, tako depositions, tax costs and perform all othor
duties pertaining to their office ; thoy shall also bo, ex officio,
Mastors in Chancery. A Clork shall attond and record tho
proceedings at all sittings of Courts of Record, and in pro
ceedings boforo a Circuit Judgo in Chambers shall if there is
no official reporter in attendance, record the oral evidence
adduced when so required by the Judgo.
Section 03. Tho sovoral Clerks of tho Judiciary depart
ment shall havo tho custody of all records, books, papers,
money and othor things pertaining to tho Courts whore thoy
aro assigned for duty. Tho records of tho Supremo Court and
tho Circuit Court of tho First Circuit shall bo kept at tho
Honolulu office ; tho records of tho othor Courts shall bo kept
at such places as the Judges of those Courts shall direct.
Section G4. The Clork' shall supervise and direct tho
modo of keeping accounts and records. Deputy Clerks, sta
tioned outside of tho First Circuit, shall report to the Hono
lulu office the amount and nature of the business done in
their respective Courts, in manner and form as directed by
the Clerk. There shall be kept in tho Honolulu office proper
registers and indexes of the business of all tho Courts of
Record of tho Kingdom ; and each Court of Record oulsido
of Honolulu shall havo proper registers and indexes of its
business kept with its records.
Section 05. Each Court of Record shall have a seal,
which shall bo in tho custody of tho Clork of such Court,
and shall bo impressed upon all processes and official certifi
cates, accompanied by the Clerk's official attestation.
, Section 00. All Courts, not of record, in tho Kingdom,
shall send to tho Clork at'stated times in such manner and
form as he shall direct, detailed statements of tho money
collected or disbursed by them. Tho Clerk shall personally,
or by ono of the Deputy Clerks, inspect from timo to timo
tho manner in which the records and accounts of all tho
Courts of the Kingdom aro kept, and make such changes and
improvements therein as shall be necessary, and his reason
able traveling expenses for this purpose, when approved by
the Chief Justico, shall bo paid out of any appropriation of
the Judiciary Department available therefor.
Section (57. In caso of the temporary absence or disability
of any Deputy Clerk, or if the business of tho Department
or of any Court demands, tho Judge of such Court may
commission a Deputy Clork for such temporary duty as may
be required ; and the salary of such Deputy Clork, at a rate
not to exceed 0110 hundred dollars per month, and for a period
not to exceed three months, may bo paid out of any appro
priation of tho Judiciary Department available for running
Section 08. Appeals shall be allowed from all decisions
of District Magistrates in all matters, whether civil or crim
inal, to the Circuit Court of the same Circuit, whenever the
party appealing shall lilo notice of his appeal within five
days, and shall pay tho costs accrued within ton days, and,
if it is a civil cause, shall deposit a sufficient bond in tho
sum of ono hundred dollars conditioned for the payment of
the costs further to accrue in case ho is defeated in tho Court
above, or money to tho same amount within ton days after
tho decision appealed from ; provided, however, that if in his
notice of appeal ho signifies his desire to waivo a jury, he
shall 011I3' bo required to deposit as surety for further costs
a bond in the sum of twenty dollars, or money to the same
amount. And in such caso, if it is a civil cause, if tho
appellee, or any appellee in the cause, shall desire to havo it
tried boforo a jury on appeal, ho shall not be donied if ho
shall, within twenty days after tho decision appealed from,
file his motion to that effect in tho Circuit Court, and shall
deposit his bond, or money, in the sum of one hundred dol
lars for the payment of costs to accrue in case ho is defeated
in the Court above. But in caso such waiver of jury by tho
appellant is not objected to by 'any appolleo, as signified by
his motion for a trial by jury as aforesaid, the causo shall bo
tried without a jury, and may bo tried by tho Circuit Judgo
in vacation, by agreement of parlies. And after tho trial and
conclusion of such cause on appeal, whether by verdict of a
jury or by the decision of tho Circuit Judge, jury being waived
as aforesaid, there shall in such cause be no further trial of
the issuo of fact (unless a new trial of such causo shall be
awarded according to law), but excoptions upon questions of
law may be taken to tho Supreme Court and, further pro
vided, that any appeal solely upon points of law from a docison
of a District Magistrate shall bo so stated in tho notice of
appeal, and such appeals upon points of law may bo made
either to the Circuit Court of tho samo Circuit, or to the
Supremo Court, at tho option of tho party appealing, and
such appeal shall bo heard and determined without tho inter
vention of a jury ; and tho bond shall be the same as herein
before provided in tho caso of waiver of jury.
Section 09. Appeals shall bo allowed from all decisions,
judgments, orders or decrees of Circuit Judges in Chambers,
to tho Circuit Court, and, if solely on points of law, to tho
Supremo Court, and of Justices of tho Suprome Court at
Chambers, to tho Supremo Court, whenovor tho party appeal
ing shall file notice of his appeal within fivo days, and shall
pay tho costs accrued, and doposit a sufficient bond in tho
sum of fifty dollars, conditioned for tho payment of tho costs
further to accrue in case ho is defeated in tho Appollato
Court, or money to tho samo amount, within ton days after
tho filing of tho decision, judgment, ordor or decroo appealed
Section 70. In caso of such appeal to tho Supremo Court
from n decision, judgment, ordor or decree of a Circuit
Judgo in Chambors, tho Supremo Court shall have power to
review, reverse, affirm, ainond, modify or remand for now
hearing, in Chambers, such decision, judgment, ordor or
decree in wholo or in part, and as to any or all of tho parties.
Every such appeal shall bo taken on the record and no now
evidence shall bo introduced in tho Appollato Court; pro
vided that the Appollato Court may, in caso evidence is
offered, which is clearly nowly disco veiod ovidonco, and
material to tho just decision of tho appeal, admit tho same.
Nothing heroin contained shall bo construed to pormit an
appeal to bo taken from any ordor by any Judgo or Magis
trate allowing any warrant, attachment, writ or othor pro
coss, or for any othor ordor of a liko nature.
Section 71. An appeal duly taken and porfocted in any
causo provided for in this Act shall immediately thereafter
oporato as an arrest of judgment and stay of execution, pro
vided that oxocution may issuo ponding such appeal upon
good and sufficient causo being shown thorofor,
Section 7'2. Whenovor any question of law shall arise in
any trial or othor proceeding before a Circuit Court, tho pro-
W. F. REYNOLDS, Prop.
No Humbug about our Prices; they ore
made on a
Ami never havo to bo reduced.
rt.lKONAM V im.wTrn STOCK OK
Elegant Gift Books
Ami STANDARD AUTHORS.
Children's Books In Illuminated Covers
In Hoards ami I.lui'ii.
Combination Purses & Card Cases
Combination Wallets in Alligator,
Snake ami Seal Skins.
OAMl'.S OK AI.l. DESCRIPTIONS.
DIARIES for 1893
At I.oi'r Prices than cviTOirun.il in
Lawn Tennis Supplies
Including Rackets, Halls, Hats, Caps, Nets,
Poles mill Gut.
CHOQUKT Sr.TS from $1.00 to $l'
CHRISTMAS CARDS arc out of fashion
ami we have in their places a
HKAUTIKUL LINK OK
WHICH CAN NOT Hi: HUATHN.
Caniarinos' Kalilii Ranch
Turkeys, Geese, Heavy Roosters
Now being KROZRN will be ready for
delivery before or on the morning
of Thanksgiving Day.
Dressed All Ready for the Oven!
tM'KltM 1IM'. OF
Smyrna Figs, Raisins, Dates,
Nuts ol all kinds, Etc., Etc.,
Kor the Holiday and Kcstive Season.
Prkos to suit the times.
California Fruit Market.
tm MutualTel. 37s.
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A RARE OPPORTUNITY.
An Al Collection of Mechanic':, Tool", tho
Property of the late HKNRY W.
as follows :
I Turning I-athe, complete; with Tools
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1 Complete. Set of Wood Cnrvcr's Tools.
Chest of Carpenter's Tools, comprising
Willi! Kino 1'lanos and Saws, Drawing
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1 Hart Patent Duplex Dio Stock, size AA.
I Wiley and Rucll Lightning Die Stock,
Il-IiJ to Wi.
Callipers, Drills, I.oveis and numerous
other useful Tools.
The above mentioned Articles can
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fM Kor further particulars enquire of
Administrator Rstatn of II, W. Mcintosh,
Hi:u. Ill TKI.HPHONUS-Mutual lit
At McKinley Prices !
Departure Bay Coal
i$12 .A. TOHST!
Delivered to any part of Honolulu
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Waialae Ranch & Dairy
FOIR, SALE !
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Jki-U N. V, HURQKSS.
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