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

crime OF misdemeanMs -
to prison for trial.
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Sec. s5l. The severnl jnstices Or he supreme court
shall have the bower g chambers. to grant probate
Of Wills, to appoint ns<dis:se snd sdn = s1ssators sl e psssa%
e.; ,Ss' discharge sSsSssas q sS g ;oias sss q Spiis: Issy may l. i. 8, !. e
administrator, guardian. or executor, appointed oy "m %
otherwise.
Sec. S52. Said justices shall severally have power
at hambers, to admeasure dover and partition real
estate When the dover in real estate cannot be set apart
without srea, injury to the ors md the e! ,aaee ,h es ssms 20 e,i be.pa aid
on such terms as shall be just and reasonable. When the pa.
ttion of real estate cannot be made without great prejudice e
the parties, the judge may order a sale Of the premises q
divide the proceeds.
Sec. 1858. Said justices shall severally have power
at chambers. to grant divorces and separations, ana
decree of utilization of bastards-
Sec. S54. The several justices of the supreme court
shall have power, subject to challenge for cause oy
either party, to select and impannei a special Jury OF Inquiry o.
idiocy, lunacy, or de uenfre inspicfendo, or in any other mat
shall re- ceive and act upon the verdict of such jury as equity
and good conscience may require
Sec 955. The several justices of the supreme court
shall have power at chambers, upon any sworn ap-
phcation made in writing, to issue writs OF habeas corpus for
inquiring into the cause Of any alleged unlawful imprisonment
or restraint, or of ad fesfJfcandum, and they may enlarge on
bail persons rightfuIly confined, in all bailable cases
Sec. $50. Any justice of the supreme court, at
chambers or in banco, upon the application 81 either
party, may require either the plaintiff or defendant to give
security fr costs in any case, upon such terms and conditions as
he may deem just.
Sec. S57. The supreme court in term time, or the
Chief Justice or first Associate Justice thereof at
chambers, upon satisfactory proof tnat a fair and impartial trial
cannot be had in any case pending in said court, or IN any CIR.
cult court, may, after hearing the OPPOSITE party, or without
such hearing should he fail to appear after due notice, change
the uenue to some other circuit, and order the record to be
transferred thereto.
Sec. S5S, IF at the time fixed for the hearing of
any matter before a justice of the supreme court at
chambers. he is absent, o unable to hear it, the same may be
may be Hing to hear the same.
Sec. $50. An appeal may be taken to the full court.
in banco, from any decision, judgment, order, or de-
and said Supreme Court in banco shall have power TO review.
chambers, such decision, Judgment, order, or decree, in whole or
in part. and as to any or all of the parties Every such APPEAL
introduced in the court above provided always, that the court
above may in case evidence is offered, which is clearly newly
peal, admit the same Nothing in this section contained shall
any justice allowing any warrant, attachment, writ, or other
process or for the taxation of costs +; or any other order ola
like nature.
ART. XXXIV.-Of the Clerk Of the Supreme Court.
Sec $50. The clerk of the supreme court shall be
appointed by the justices thereof, and hold his office
subject to their pleasure. He shall have charge of the seal Of
the court, which shall be impressed upon all its process. lie
before the Supreme Court. or before the Chief Justice or any
Associate Justice thereof at chamber, He shall also have
to assess damages upon notes, bonds, bills of exchange. orders,
shall have been made. or on reference by the court, and all
other powers aud duties in relation to the drawing OF Jurors,
are necessary to the transaction of the business of the Supreme
Court. He shall also be er o6cio a master in ctancery.
Sec. SOL. He shall be sworn to the faithful dis
charge Of ali the duties of his office, by one of the justi-
of sucS duties he shall give a bond to the Minister Of Fl
nance. with one or more SUFFICIENT sureties. and in such sum as
he approved by the Supreme Court, conditioned Tor the
discharge Of all his official duties.
Soc SeD He Shall ot*apd on1 racord tho ppooeed-
ings OF the court, and have the care and custody of
all the records, books, papers, and moneys appertaining TO
court.
Sec. 1858. In eq nifty, admiralty, or maritime cases,
and in all matters heard before any justice of the
Supreme Court at chambers, the clerk shall attend and record
part Of the proceedings as shall he directed by the court,
either by general rules, or by special order of the justice hear
ing the case.
Sec. s64. He shall keep in every book of records,
an alphabetical list of the names of all parties to any
or judgment therein recorded, with a reference to the page
either plaintiffs or defendants, the name of every person, with a
like reference, shall be inserted in its appropriate place in said
Sec. S65. The justices of the supreme court shall
inspect the doings of the clerk, from time to time,
and see that the records arr made up seasonahly and kept in
ty clerk. to assist said clerk in keeping up his records. and IN
the discharge Of his other duties. fifth records are left incom-
for more than three months at any one time, such neglect
unless caused 10y sickness or other good reason, shall be ad-
judged a forfeiture of the clerks bond.
Sec. S66. The clerk shall exhibit the records, at
every term. to the justices Of the supreme court. and
at such other times 5 may be required by any justice, % thai
ing of the records. and may cause the same to be corrected
Sec. e67. In case of the absence or death of the
clerk, his deputy shall act as clerk, until the clerk
shall resume the discharge of his duties, or until another shall
be appointed ~ the court. In case there be no deputy, the
court shall appoint a clerk pro teJnpOTe, who shall receive for
his services such compensation rs the court shall think proper,
to be paid from the appropriation for the standing clerk, or
from the public treasury, as the court may direct, by order upon
the Mind of Finance. out of any moneys not otherwise appro-
priated. |
Sec. S6S. The Clerk of the Supreme Court shall
keep exact accounts of all fines, costs, and fees, re-
,eived by him. and shall render quarterly accounts of the same,
under oath, to the Minister Of Finance
See. $50. The Clerk of the Supreme Co. shall
an annual salary of two thousanl toEars,
Which shall be paid in monthly payments out of the t -sury of
he kingdom.
P XIV.
OF THE CIRCUIT COURTS.
Sec. SO. The kingdom shall be divided into four
judicial circuits, as ut present constituted, that is to
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