The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1859-09-17

dollars, or Imprisoned at hard labor not exceeding six months
Sec. 8l4. No civil process shall be served IN any
district. on any person entitled to vote therein, on
the day Of election for representatives.
TITLE 4.-oF EyUDlcIAR
CHAPTER XII.
Sec. SI5. In order to conduct, with certainty and
system, the judicial power, and that the government
a.. De be administers IN a Ss s,SIsS T she J 1uS : a Department,
which shall be presided over by the ChiefJustice and Chfnce,or
legislature, at each regular session thereof, Of the business Of
said department, and the administration OF justice thfo"ehou'
Sec. SIG. Said department, and the several judges
and other judicial officers thereof, shall, In all res
Departments. The King shan have no power to interfere with,
alter, or overruIe any Judgment or decision OF any Judge, y
eentained shall be construed to prevent His Majesty from grant
ing repheves and pardons, after conviction, 10 III Olfhses'
except in cases of impeachment.
Sec. SI7. The judicial power of tae kingdom is
vested in one Supreme Court, and IN sucn INFERIOR
courts as the Legislature may, from time to time establish
Sec. S1S. No person holding a seat on the Bench
of the Supreme Court, the Circuit Court, or any
Police or District Court, shall be eligible to a seat in the House
Of Representatives Of this Kingdom
Sec. S19. The judicial power shall extend to all
cases in law and equity.arising under the Cons1tu-
ton, any law of this kingdom, and treaties made, or when shan
be made under r their authority to n all cases awd ah ne ~ sasrs Of ad.
miralty and maritime Jurisdiction; and to all cases arising
under the laws of nations.
Sec. $50. No person shall sit as judge in any case
in which his relative is interested, either as plalntin
or defendant. or in the issue of which the said judge, either
S Ns ! eba IhI a@S ia q reis st slon may on n an appeal pps or new trial, in
any case in which he may have given a previous Judgment
Sec. S21. No Judge of the Supreme or any Circuit
Court, shall exercise the profession or employment OF
counsel or attorney, or he engaged in the practice OF law, and no
judge of any other court shall be employed, norclowed to
which shall have been previously tried before him.
Sec. s22. All Questions of law arising in any civil
cause, shall be decided by the court, or judge, before
whom the matter is pending and the instructions u sueh
court or judge in relation 70 the law. shall be binding upon I'M
jury, if any be impanened in the cause.
Sec. S23. The several courts may cite and adopt
the reas6nings and principles of the admiralty, ma
rhine, and common law of other countries. and also of the
Roman or civil law. so far as the same may he founded in justice,
| and not in conflict with the laws and customs of this kingdom
Sec. S2l. The several courts of record shall have
power TO decide for themselves, the constitutionality
or ut forth by the King. the Legislature. the Cabinet, or Privy
Council. The Supreme Court shall have the power To declare
upon mature deliberation appear to it contrary to the constitu-
ton, or opposed to the laws of nations, o any sabsisting treaty
with a foreign power.
See. S25. The several courts, in their decisions,
shall have due regard to vested rights
Sec. 500. The several courts of record, in term
time, and the respective justices thereof. at chambers,
appearing to the satisfaction of such court or justice, to have
Committed perjury in any trial or proceeding had before the
same.
CHAPTER XIII.-OF THE SUPREME COURT.
Sec. S27. The Supreme Court shall consist of n
Chief Justice and two Associate Justices, any OF
whom may hold the court
Sec. 80. Inc JUSTICES OF tue SuPIeihc NOurt ohhil
hold their offices during good behavior. subject
to removal as pro. iied in the Constitution, and SHAH, at stated
times, receive Tor their services a compensation, which shall not
be diminished during tn ir continuance in Office.
Sec. 800. The Supreme Court shall have %jurisdic-
ton of all cases in law or equity, civil or criminal.
and Of all admiralty or maritime cases whether the same'6e
shall have conclusive jurisdiction OF all suits or proceedings
against ambassadors, or other public ministers, their attaches
or servants, as fr as any court can have consistently with the
eminent. which can he instituted only by permission of the
King in Privy Council. In all suits brought by ambassadors,
vice-consul shall be a party. either plaintiff or defendant, it shall
have jurisdiction, but such jurisdiction shall not be exclusive.
See. $50. The Supreme Court shall have the gen.
eral superintendance of all courts of inferior Juris-
diction, to prevent and correct errors and abuses therein, where
no other remedy is expressly provided by law
Sec. S3l. The Supreme Court, or the Chief Justice,
or Firsl-Associate Justice thereof, mt chambers, shall
haxe the power to issue wrts of error eerfioreTi, nGEdam"s,
wrns and processes, to courts of inferior jurisdiction, to corpora-
tions and individuals, that shall he necessary to the mr1herance
Of justice, and the regular execution Of the laws.
Sec. $50. The Supreme Court shall have power to
make and award ali such judgments, DEGREES, orders
and injunctions. to issue all such executions and other wr,s
20 ac c,Pry into into fan H. eject all the powers which are o may be given
to II 10y the Constitution and laws of the kingdom
Sec. S33. The Supreme Court shall have power,
from time to time. to make rules Tor regulating the
practice and conducting the business Of said court in all cases
said rules, So often as it may be found wise and necessary TO
simplify said practice, and remedy any abuses or imPerfections
that may be found to exist therein.
Sec. S34. Whenever any question Of law shall
arise in any trial or other proceeding, before the
Supreme Court, when held by one justice. he may reserve the
same for the Consideration of the full court and in such case
shall report the case. or so much thereof as may he necessary
for a full understanding of the question, to His associates.
Sec. $50. Any question may be reserved in like
manner. upon the motion of either party, on account
of any opinion, direction, or order of the justice, in any matter
of law.
Sec. sS6. If any party shall think himself ag-
grieyed by any such opinion, direction, or order, and
the justice shah not think fit to reserve the case upon his motion,
the party may aiiege exceptions to such opinion direction, or
mode, and presented to the justice before the final adjournment
Of the court for the term. add being found conformabie 10 truth,
shall he allowed and signed by the justice aud If said justice
shall refuse tn allow and sign said exceptions, the truth Of the
before the full court, and the exceptions allowed by them.
Sec. S37. Upon the allowance of such exceptions,
the questions arising thereon. shall be considered by
justice, before whom the trial is had, to be frivolous, immaterial,
or intended for delay, the jadg%ent may be entered, and sxeeu
shall deem reasonable, Notwithstanding the allowance of the ex-
ceptions.
Sec. s3S. When upon the hearing of a case, brought
before the court upon exceptions alleged as before
provided. it shall appear that the exceptions are frivolous, or
innrteriaI. or were intended for delay, the court may award
a@a;nSt ~ ,a-,vt ating he except;ons doutl- costs from the
time when the same were alleged. and also interest from the
sum, If any, found due for debt or damages, or may award any
of such additional costs and interest as it may deem
proper.
Sec. S39. When judgment shall have been render
ed in any case, in which exceptions have been allow
s sny N ~1t Io - ne IN may ike e9 ms saee,e a. ~ n Saa dub been eput entere ehp Sy
In the case, as to law and justiceshai appertain.
Sec. $40. No trial by jury shall be prevented or
delayed, by the fling or allowance of such exceptions,
but the verdict shall be received and such further proceedings
shall be had in the case, rs the court may order in pursuance
OF the foregoing provisions.
Sec. S41. Whenever a cause shall be at issue in the
Supreme Court, and it shall appear that the trial of
the same will require the examination of a long or complicated
account, on either side, such court may. on the application Of
either party. OF without such application, order such cause to be
referred to three impartial and competent persons. Each party
BE- entitled to narne one Of the referees, and the court shall
appoint the third. and in case eli her party shall fail TO nomi-
the court shall do SO for him.
Sec. S42. There shall be four several terms of the
Supreme Court held in each year, commencing as
On the first Mondays Of January. April, July, and October 1
which said terms shall respectively be called the January,
April. July, and October terms OF the Supreme Court. The
may however hold special terms at other times. whenever
shall deem it essential to the promotion Of jrstce. /
Sec. S43. The four regular terms shall be held at