The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1859-09-24

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the discharge or going 4 large + seeh pnsn hal b. desns3
danssrous % the peace Or s.ssty e &c ee"n9nisy; se e01's
Sec. 1850. Any judge Of SQUIRT Of record may, fr
cause shown to his satisfaction. respite any oonvlcse %
criminal for any length Of time sumcisns hr the purpos~S
mercy, or not 70 work injury to tpnocens third partaes-
Sec. l18l. No person at the time insane. and no
woman at the time quick with child. Shall sunes
capital 2unishment neither shall any child .uaer sucn p s.~ssn
right or wrong.
Sac. 1882. In all cases in which the Law OF TINS
kingdom awards the punishment of death, there
shall intervene q. least ST. fo n y.s sish saa noass O dsys between y the sen.
lance and the execution.
Sec. 1888. The Marshal. or some one deputed BY
him, shall inaict the punish%ent OF death i oy 1 na hagv
shall be disposed Of pursuant to the direction OF the court. no
capital punishment shall be so inflicted until the warrant Tor
that purpose be signed by the King, and attested by the IN
hina Nui ; nor shall such punishment be inflicted AFTER ns
Majestys pardon.
Sec. 1884. In all criminal cases when the punish
ment is less than capital, the court before whom the
conviction is had shall proceed as soon thereafter as may De, 70
ed by the clerk, and certified to the Marshal, or his deputy, IN
the order for Imprisonment, or other punishment as the ase
may be.
ART. XLVIII.-Of Juries, and of TRIAL by Jury.
Sec. 1885. 1t shall be the duty of each of the gov
ernors, respectively, in concert with some Judge ora
g oo s., Of Of r ,Ss n. to pr 81 o1s a Snndres PERSONS De being native Hs,
waiians, residing within tt, cir respective gubernatoriai divisions,
to serve as jurors.
Sec. 1856. Each list shall be signed by the gov
ernor and Judge preparing the same, ana sent 10 tne
o oam. o. eo ,ss snprf in such list on a separate piece Of paper, and
deposit the same in appropriate boxes % D Kept ny III 10
that purpose
Sec. 1887. The aerk Of the supreme court shall,
Mt least twenty DAYS before any term Of the. circuit
court, for the second, third and fourth judicial circuits, or Of any
at which there may be cases coming on for trial, in which both
or eithe. Of the Ir parties e are E naa ~ mas sourti and % the y Marshal, or Or
the Sheriff of oahr, draw from the appropriate box she names
at the ensuing term Of such court, in the cases above mentioned
Sec. IISS. 1t shall be the duty of the Governor OF
Oahu, and the Governor of Maui, respectively, In
concert with IL So, some m 'aags OF Of : M 1orl, and al Is septemSer' q list Of the
names OF fifty persons residing within their respective gnoerna-
s sas w d.si' : co osl@s nG.f IN the oyia6a Of such governor and
judge, to serve as jurors.
Sec. 1889. The lists of names provided for in the
last preceding section, shall be signed and sent to the
clerk of the supreme Court. and by him disposed OF in the man
nr prescribed in section 11S6, in relation to lists oil NAIVE jurors
Sec. 1870. The clerk of the Supreme Court shall,
at least twenty DAYS before any term of the circuit
court for the second judicial circuit, or of the Circuit or Supreme
Court in the first judicial circuit. at which there may be cases
Se Umi rI NV vi birth in the presence Of one of the Justices of the
Supreme Court, and the Marshal or the Sheriff OF Oahu, draw
from the appropriate box the names Of thirty six foreign Jurors.
who shall be summoned to serve at the ensuing term Oh sueh
court, il the cases above mentioned
Sec. 1871. Whenever it may be necessary or pro-
per. for the trial of any cause in the circuit court for
the third or fourth judicial circuits, to have a jury composed
e NIT, Court a for the time being, shall summon, from among the
foreigners residing within such circuit, a sufficient number o'
persons to act as jurors in such case
Sec. 1892. 1t shall be the duty of the clerks OF the
several courts of record, respectively, at least twenty
days before any term Of such court, at which there may De any
party is an alien foreigner, to send a letter upon the request Of
the accused party, or his counseD to the nearest consul, OF vice
consul. of the nation to which such accused party belongs, u any
there be within the kingdom, requesting him, ON n before the
tenth day from the date Of said letter, to propose the names Oh
thirty-six persons. residing within the circuit. for the acceptance
of the Hawaiian Government, as jurors from which may oe
9 I1nOE MI xy.u1--zf HkAc nro cnnefa r a
cord, so far as the acceptance of such persons as
jurors is concerned, are empowered to act for and on behalf Of
the government, within their respective circuits.
Sec. 1894. In case of the refusal or neglect of such
consul. or vice-consul, to propose said jurors within
ten days after the date OF such request, such refusal or neglect
shall be considered as a proposal on the part OF sad consul or
persons, shall be drawn from the array of jurors for the trial Of
civil cases in which any foreigner is a party.
Sec. 1895. When n list of t~hirty-six persons shall
be duly proposed by such consul or vice consul, and
accepted by said clerk, their names shall be certified tothe Mar
shall, or his deputy. who shall summon item % attend upon the
court as Jun ors for the trial of such accused person or persons.
Sec. 1896. In all civil cases in which one party is
n native Hawaiian, and the other a foreigner, (alien
or naturalhed) tn jury shall be composed ps 8. al al eqna, nu% Sr"nr
the boxes containing the names OF such natives and foreigners
cases provided, always, that either party, with the consent OF
the other, may waive his right to a mixeo jury.
Sec. 1877. All native Hawaiians, accused of any
crime, shall be tried by a jury composed entirely OF
natives; and all naturalized foreigners, by a jury composed en-
tireiy of foreigners. who shall be drawn from the array OF nativc
and foreign jurors, respectively eturneu 10 erN u the eetm-
Sec. 1913. At the trial of any Case requiring n
Jury, in the Supreme Court, or in any Circuit Court,
the clerk Of the court shall draw such jury, to the number of
sons as have been duly summoned to attend rs jurors; and il any
of the said twelve be challenged and set aside, he shall continue
obtained, when they shall he sworn as the jurors for the trial Of
such cause.
Sec. 1899. Whenever a sufficient number of jurors
duly summoned, do not appear, or cannot be obtained
to form a jury, the m sOurt ,h ma bv otaad n or fram the n "a circuit y;
t.--. IN m erSons auaiuiel to serve a s Jurors. as shall be
Sufficient.
Sec 1900. The Marshal, or his deputy, shall sum-
mon the number SO ordered. and return their names
and serve as a juror, unless excused by the court; and for every
neglect r refusal so to attend, shall be answerable to the court
in the same manner as jurors regularly summoned a hereinoe-
fore provided. The persons a summoned shall be subject to
challenge as other jurors.
Sec. 1901. Every person arraigned and put on his
trial for any offense punishable with death, shall be
entitled peremptoriy to challenge ten Of the persons drawn as
jurors for such trial, and no more.
Sec. 1902. In all cases, civil or criminal, either
party may challenge any juror drawn for such trial,
for cause to be assigned to the presiding judge, who may deter
OF such Juror, or submit the question TO the determination Of
three triors to be appointed by him..
Sec. 1908. No jury. for the trial of any case, civil
or criminal, shall be less than twelve in number: but
when nine of such jury shall agree upon a verdict. they may
render the same, and such verdict shall be as valid and binding
upon the parties as If rendered by all twelve.
Sec. 1904. Whenever any jury shall return into
court, and state that they cannot agree upon a ver-
dict, the court may, IN its discretion, disc arge such jury, or re-
mand them to the jury room for further deliberation-
Sec. 1905. The Chief Justice of the Supreme Court
shall have power, in any intricate case, or case in
volving artistical- or professional knowledge, or skill, pending in
such court. upon the application Of either party, to summon the
adverse party to appear and show cause, II any he has, why a
special jury should not be struck for the trial Of such case.
Sec. LOG. If the adverse party do not appear in
obedience to the summons, or, appearing, fail to as
sign any satisfactory cause to the contrary. and the Chief JUS
tie shall be of the opinion that the ends Of justice will be best
reached by such a yury, he may order a special jury to be struck.
Sec. 1907. Special juries shall be struck in the fol-
lowing man The Chief Justice shall appoint a tire
and place for striking the jury. at which the party applying for
such jury shall notify the adverse party TO attend. The clerk Of
the Supreme Court shall, at the time and place appointed, draw
of a full list of the names Of the jurors last furnished him for the
trial of civil cases, (natrve. Foreign or mixed, as thecase may
BEL when the parties 10 person, or by attorney, beginning with
the plaintiff, shall alternately strike of from said list, one name,
until only twelve names remain on the list; and those twelve
shall constitute the jury to try tie particular cause for which
they were struck. II either party shall fail to attend at the time
and place Of striking such jury, or shall neglect to strike out any
names according to the foregoing provisions, the clerk shall strike
for him.