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TUESDAY, JANUARY 3. 1S93 THE JUDICIABY ACT. FIRST NOTICE. The Constitution of 1S52 pro-Tides for a Supreme Court of not less than three Judges, and subordinate Courts. This provision hasheen continued in nearly the same words in the revised Constitutions of 1S64 and 1SS7. Acts have been passed from time to time creating, changing or abolishing various lower Courts, but the Supreme Court has remained the same, excepting for a short period when the number of Judges was increased to five by the Act of 1SS6. They were reduced to three by the deaths of Judges Preston and McCully, and by the Act of 1SS7 so remained. 3ut through all other changes the Justices of the Supreme Court have continued to exercise the functions and powers of Judges as well as those of our Appellate Court, in the latter case Teviewing, as members of the. full bench, their own acts and decisions. "While this feature is not peculiar to Hawaii, it has caused a growing dissatisfaction and various plans have been proposed as a remedy. The Act to increase the number of judges to five was a rather weak attempt to remedy the evil, for such it was generally admitted to be, but it largely added to the cost of the single Court without curing the defect in the system. It was felt that with the growing importance of the industries, trade and position of the country, it became of greater importance that the Supreme Appellate bench should be absolutely disinterested and free from all bias in the decision of all questions which might come before it. There has also been a lack of harmony in the system of Courts on the various islands. Oahu has from time to time had a circuit judge, an Intermediary Court and other systems. On the other islands there has been a Circuit Court and circuit judge.s with various independent powers. A judge of the Supreme Court has occupied the bench with a circuit judge for the hearing of all jury cases. The two have also constituted the "Circuit Court in Banco." The absurdity of the thing, as well as its manifest weakness, has made appeals to the "Circuit Court in Banco" a very nearly unknown proceeding; yet until the arrival of General Hart-well as judge of the Supreme Court the three judges of that Court also sat to hear jury cases ! The necessity that took a Supreme Court judge from Honolulu part of seven months each year, besides the growing' business of every jury term on Oahu, has crowded the hearing of banco cases into a ner, and the Court has sat when- ever it happened to find time. This has been no fault of the members of the Court they have tried to do their duty but it resulted from the inherent defects of the system. Frequent changes in the laws relative to the lower courts, regarding jurisdiction, tenure of office and other matters have also tended to confuse and embarrass. It was time for a change and the Legislature of 1887 by resolution called upon the King for a commission to consider and report a revised system. Messrs. Hart-well, Dole and C. "W. Ashford were appointed and they made an admirable and well considered report to the Legislature of 1SSS a revised Judiciary Act. The commission very wisely introduced as few changes in the well understood law of the present day as was consistent witn toe radical 'alteration made in the svstem of the courts. The report has been criticised because a system of pleading was not set forth and because other desirable changes were not made, but the commissioners were wise in not introducing too much, thereby endangering the adoption of any of their work. The changes made are quite radical enough for . one act and as it is neither the Legislature of 1SSS nor that of 1S90 passed the bill, although the report was made in lSSS. Xot the least alteration by any means is the introduction of the common law of England as authoritative. Few understand the wide reaching importance of this change. The fifth section of the Act brings the common law into our svstem of jurisprudence. It is as follows : "The common law of England, as ascertained by English and American decisions, is hereby declared to be the 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 established by Hawaiian national usage, provided, however, that no person shall be subject to criminal proceedings except as provided by the Hawaiian laws." This makes the Hawaiian custom and usage a matter of proof as opposed to the common law. It also continues the provision, now existing, that we have no common law crimes, ine majority 01 tne lawyers of the country believe that the provision is a good one. It introduces a principle of greater into the administration of the law, and puts upon lawyers and judges the onus of ascertaining the law as set forth in the decisions. By the Act we shall hereafter have but three classes of Courts . District, Circuit and Supreme. The presiding officer in the District Courts is to be styled "Magistrate ;" in the Circuit Court he will be "Juflge;" and the Supreme Court will consist of "Justices," and hereafter anv reference to a "Justice," or a "Judge," or "Magistrate" can have but one meaning and that will refer to the Court over which either presides. Only the District and Circuit Courts will have the trial of causes upon the facts. In the Circuit Court trials will be by jury, excepting Chambers matters and jury waived cases, me supreme Court will only have appellate jurisdiction. The jurisdiction of the District Courts is materially the same as that at present held by District and Police Magistrates. A very important provision of the new law, one which is found to work well in other countries, but is altogether new here, provides for the issue of summons directed to persons charged with the commission of small offenses, doing away with the summary process of arrest and accompanying confinement, with all that such confinement means. A complaining witness, however, can procure the arrest of an alleged offender by requesting the same in writing. The law with regard to attachments and arrests in civil matters remains substantially as at ent with some slight amendments. Many of the sections of the new law with regard to all law matters are identical with existing statutory provisions. The most important change of the new law is that which provides for the Circuit Courts. There will be five circuits, the first being the island of Oahu ; the second, as at present, will consist of Maui and adjacent islands; the third will cover the districts of Kohala, Eona and Kan on Hawaii: the fourth, Hamakua, Hilo and Puna: the fifth covers the present fourth, that is, Xauai and Niihau. Each district will be presided over by a Judge excepting in the first district where there -will be two Judges styled "First" and "Second," whose powers are practically the same. The Judge of the Circuit Court will preside alone, not as at present in conjunction with a Supreme Court Justice, over the term of his circuit. In caEe any Judge is disqualified for any reason, the cause mav be removed to another circuit, or a Judge from another circuit may be deputed to hear the case or cases as may be. Magistrates must reside in their several districts. A Circuit Judge must reside in his circuit. The terms of 'the respective Circuit' Courts will be held as follows : In the first Mondays of February, May, August and November; Second Circuit, first "Wednesday of June at Wailuku and first "Wednesday of December at Lahaina; Third Circuit, at "Waiohinu first "Wednesday of April, and in North Kohala the first "Wednesday of October; Fourth Circuit, in Hilo the first Wednesday of January, and at Honokaa the first "Wednes day in July ; in the Fifth Circuit, at Lihue the first Wednesdays of March and of September. There may be special terms of the Circuit Courts. The terms of the Circuit Courts may be lield until the twenty-fourth day from the opening, Sundays and holidays excepted. The Circuit Judges will hold office for six years, subject to removal by impeachment or other wise. The salaries of the Circuit Judges are $4000 per annum in the First Circuit, $2500 in the Second and Fifth Circuits, and $3000 in the Third and Fourth Circuits. The 'jurisdiction of the Circuit Courts is about the same as that of the Supreme Court at the present time, excepting in appellate cases. TWO HEADS ARE BETTER THAN ONE. Two lovers sat together, Tvras the eve of Xew Tear's day. And lie muttered his confession In a timid lover's war. Ho had formed a resolution. And lie wanted her to hear WThat great things he had been planning To be done the coming year. He'd resolved that ho ivonld.vrin her; Bat the maiden shook her head. And she blushed for just a moment. Then sho answered him and said. JIlllIP As her cvea in frolic twinkled And she laughed aloud, ha, h&I You had better make another Thst will tako in mr papa." "W'rmsTOX Oakbl The files of illustrated journals scattered about the shelves and closets would make an attractive addition to the reading room or library if bound neath' and properly lettered. The Gazette Office can turn out first-class work in this line. . Capt. J. A. King, of the Wilderis S. S. Co., has a copy of the Edinburgh Evening Courant, dated .Mondav. June 27, 1S36. It con tains a resolution of Parliament fixing the duties on imported sugar in which refined sugar was to pay a duty of ?42 per 100 pounds. r tturiiicui SVF1IB Asthma. Gentle, Refreshing Sleep. reliel anda gentle re freshing sleep, such asl had not had for weeks. My cough began immediately to loosen and pass away, and I found myself rapidly gaining in health and weight. I am pleased to inform thee unsolicited that I am in excellent health and do certainly attribute it to thy Boschee'a German Syrup. the First rcnit in Honolulu, on J Picton, Ontario.' A " I have been a great sufferer from Asthma and severe Colds every "Winter, and last Fall my friends as well asmyself thought because of my feeble condition, and great distress from constant coughing, and inability to raise any of the accumulated matter from my lungs, that my time was close at hand. When nearly worn out for want of sleep and rest, a friend recommended me to try thy valuable medicine, Boschees German Syrup. I am confident it saved my life. Almost thefirst dose gave me great C. B. STicmfEY, F3SS!SS3 (Decenibei'j i8g2. . . FLOO(DE(D! "We can honestly say that we have been flooded with new goods during the past few weeks. The Martha Davis from Boston, had for us Oakum. Horse' Shoes, keccs Wire and Cut Nails, Turpentine, Ship and Cut Spikes, Pitch, Benzine, Cotton Duck, "Wrapping Paper, assorted Oars. Mast Hoops', assorted Handles, Rakes, Road Scrap ers, Pick and Ax Mattocks, Axes, Hatchets, Forges, yard Brooms, Batteries, Shovels, Spades, and Scoops, horse Xails, boat Nails, Hinges, Sand Paper, ball "Wicking, Tacks, Fodder Cutters, Scales, Blocks, copper Paint, mixed house Paint, dry orange Shellac and many other items. Those Wostenholm pocket Knives we spoke of have come, and you are sure to find one among the lot to suit you in price and stde. Our assortment of those fine drab Fish Lines is now complete from 0 to 9. If you want a good pocket Cork Screw, we now have the article, compact and strong. "We carry the largest and most varied stock of Oils to be found in the . islands, among which are several, brands of Cylinder Oil, light and heavy engine Oil, black or Carbox Oil, Castor, Olive, Peanut, Colza, Cocoanut, Parrafine, Sperm, Polar, Dynamo, Sewing Machine, Mineral Castor, Lard, Neatsfoot, pale and dark boiled Linseed, Raw Linseed and Tar Oil. "We can sell you anything from a quart bottle to a barrel of any of these oils. "We have a Cylinder Oil and an engine Oil both of which give perfect satisfaction, and we will at any time send samples to any one wishing to try them, free of charge. "While we are speaking of oils, we may as well say that we handle a good many thousand cases of Kerosene Oil every year. "We were going to say something about "Wood and Schultz Powder Cartridges this time, but it's no use, we had a sam ple lot of five thousand by the Mariposa and have only 600 left of the lot. We will iell you when the next lot comes, in a few weeks; it will pay to wait for them. To those who load shells we would say that we have just received a lot of Dupont's & Hazzard Powder, also new lot of Metal and Paper Shells, Wads, Chilled Shot, etc. By the Australia yesterday we received a large lot of goods, including nine rolls of Leather. We are putting away Goods received by the- Albert and we have a lot more on the Transit due next week.- Yours truly, E. 0. HALL & NUN, L'R, Corner of King and Fort sts. " . A NOTE IN MUSIC- - Is probably more airreeable than one of any other kind and the ability to make them so as to charm the ear is an enviable accomplishment, w e desire the public to make a note, not exactly in the line of music, but a foot note if you please ! about our HAYWOOD SBOE. When you put on this f pero specimen ol toot wear, you can snow your neeis to any- body with the easy confidence and abandon of absolute com- . Jjfr fort. They don't make your foot a chained prisoner, but are-as soft and yielding to the flesh as a moccasin without sacrificing shapeliness and durability. s MANUEAOTUMES' SHOE 0., FORT STREET. JOHN NOTT, Arr iyn.vi.KJK in. ' fff. Steel and ton Eanges, Stoves and Fixtures J k HOUSEKEEPING GOODS AND KITCHEN UTENSILS. f' r I AGATE WAKE IN (tEEAT VARIETY. White, Gray and Silver-plated. LAMPS AND PIXTUliEl RUBBER HOSE, LIFT AND FORCE PUMPS. WATER CLOSETS, METALS, Plumbers' Stook, Water and Soil Pipes. Plumbing-,' Tin, Copper and Sheet Iron Work, ' DIMOND ELOOK, 95 and 97 KINO STEEET. Ol c3 2 6 .s o m i ! B. & o H-1 Builders' and General Hardware AGRICULTURAL IMPLEMENTS, Plantation err ano ra Snpplies PAINTS, OILS, VARNISHES AND LAMP GOODS, AGATE WAKE, TIN WAKE, NEVER BREAK WARE, nil MenUi Blake's Steam Pumps, Weston's Centrifugals -WILCOX & GIBB'S, AND REMINGTON- , SEWING MA.OHZNTEI& The Daily Advertris 50 CENTS PER MONTH. r W1nthe tise Delivered, by Carrier I vA F fi If 1 I vM i . 1 I I am i, J Hi M.W