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

or upder his control. any money, or tnng, caPao.
as trustee for another party. or which oeIongs,os S,,ion =
be dWosited in court, or delivered to such party, upon sncn
ditions as may be just, subject to the further ireeuon u ~
court
Sec. 1854. Whenever in the exercise OF its author
ity, a court shall have ordered the deposit or delivery
Of money or other til thing g,.nsnnsdai.annee 2 = make M order requir,
ing the Marshal, or any Of his deputies, TO- take the money OF
thing, and deposit or deliver it in conformity WIN ,e o''eoooH
JUDGMENT AND EXECUTION.
Sec. 1855. Judgment shall be entered by the clerk,
without motion, Immediately upon the rendition OF o
chambers, and execution may issue thereon at any time there
after, when called for, unless notice is. given !. : n ~ u. sy oi an M
the ming of a bill Of exceptions and bond, as provided ey s.aaue
nroy;ded- thai execution may issue within ten days, even though
such no0e be given, when good and sumc,en. y, a. y
shown therefor. The provisions of this section shall not ahect
the right of appeal.
NEW TRIAL.
Sec. 1856. Any party against whom a verdict or
Judgment is rendered, as set forth IN the last pre-
c-diny section. may, upon filing a sufficient bond OF security,
conditioned for The payment of all costs of motion in case he IAN
nls snsIs' IN I the action. remove or Otherwise dispose OF any pro
perry he may have liable to execution on such judgment, ana
the opposite party, move the court at any time within ten days
saase for s@d mhich G by l ~ a new Us triai may and ought TO be granted.
The filing Of the bill Of exceptions and bond shall operate asa
stay Of execution, until the motion is determined
WRIT OF ERROR.
Sec. 1857. Any party deeming himself aggrieved
by the decision Of a police justice, or of a circuit
judge at chambers, or of a circuit court in baneo, or OF any
civil suit, may at any time before the execution thereon is fully
satisfied. within six months after the rendition Of Judgment, file
With the clerk Of the supreme court. his reasons for eeeming
himself aggrieved, assigning the causes OF error In soch eci''Oh
or verdict
Sec. 1853. Such party may, upon service of copy
of such assignment of errors, and tender of error bond
Of security, conditioned for the payment OF costs in case ne faii
. sustain ms App.ea',on, an - o,he,v,se disnose Of any pro-
perry he may have liable to execution on the Judgment, and
upon at least ten days notice to the adverse party or his coun-
sci, apply to any Justice Of the supreme court, Tor a writ ot
supreme court, as the case may be, commanding sucn court Q
clerk to certify up the record and proceedings had IN the cause,
that the errors assinnged may be corrected.
Sec. 1859. Upon the return of the writ with the
record sent up, the supreme court may grant an
order to the adverse party to join in error on pain Of reversal Of
them as may attend for that purpose, shall thereupOn give
judgment, either Affirming & Or ,s ssvsr Sin or r modifying sS;sy tn former
Sec. Il60. Every writ of error shall operate as n
stay of execution, before the actual sale of property
and satisfaction Of Judgment, and NO executive Judicial Z. oa5ser
ment in regard to which has been removed by writ OF error
PROVIDED. sna. : : ,,m sssy r. .he tHmer Judgment be sfhrned
by the supreme court
MISCELLANEOUS PROVISIONS
Sec. ll6I. The several courts of record may, from
time to time, make such rules as they may deem
nace.sary Tor the guidance Of their respective clerks in making
up calendars Of the causes, civil and criminal, coming on for
trial in said courts
Sec. 1852. Causes placed upon the calendsr shall
be taken up and disposed of in the order in which
they stand, unless postponed by the court at the request of the
painfin o Y n
Sec. 1853. When a cause is reached upon the cal
endar, the plaintiff shall be called by the clerk, and
If tse.plain,ia be not present. nor represented by counsel who
swer when so called, he may be declared non-suit with costs.
II, upon calling the plaintiff, he does appear, and the s defendant ant
court may order Judgment by default to be entered against such
the court or jury, and the verdict of the jury or decision of the
cause appear to the court for postponing the case.
Sec. 1I64. At the trial of every civil suit, the plain
tiff shall have the right to open the case, ond first to
introduce his witnesses and vouchers, and ne shall also have
after the defendant has FULLY ceased. The defendant may cross
to introduce his witnesses OF defence, when the plaintiff has
rested hi. cause. The plaintiff may, in turn, cr0;s,sss @is III, he
defendant shall sum up his defence to the court or jury pro-
rule. modify the application Of the foregoing provisions. should
ii appear expedient to do So
Sec. 1165. Whenever two or more actions are pend
ing at one time between the same parties and in the
same court, upon causes Of acion which might have been joined,
the court may order the actions to he consolidated into one.
Sec. 1166. The time within which an actie to be
done, as provided in any part of this chapter. shall
be computed by excluding the first day, and including the last.
II the last day be Sunday, it shall be excluded.
Sec. 1l67. When a cause of action has arisen in
any foreign country. and by the laws thereof an ac-
ton thereon cannot there be maintained against a person, by
reason Of the lapse OF time, an action thereon shall not be
domiciIed resident thereof, who has held the cause Of action
from the time it accrued
Art. XLVH.-Of Criminal Prosecutions.
Sec. ll6S. In all ofenses against the laws of this
hiuSuOiu, thotO Ohy - wv a. ~
fender shall be arraigned and prosecuted by indictment, by the
rgal prosecutor Of tie crown, at ths-ensuing term Of the court
by the court. at the request Of the party accused, or to afford
reasonable time TO obtain evidence on behalf OF the prosecution.
Sec. 1859. The Necessary bills Of Indictment shall
be prepared by the district attorney Of each judicial
circuit, respectively, and 1t shall be his duty to present such
onsninr Of n he term. and md such Judge shall. amer examination.
certify upon each bill Of indictment, whether he finds the same
Sec. 1I7O. The district attorney shall furnish to
the clerk of the court, at least three days before the
first day Of the term, a list Of all criminal cases triabie by jury
Sec. III. Any person indicted for a crime punish
able with death, shall, on demand upon the clerk, by
himself or his counsel, have a list Of lie jurors returned deliver
ses as are necessary to his defence.
Sec. 1172. In all cases in which the party accused
is unable to employ counsel for his defence. the court
~h : shsi use every lawful esertion in his behalf, without fee
or reward, upon pain Of contempt to the court
Sec. 11i3. Every native Hawaiian, a~rraigned upon
Indictment for any offense shall, on demand upon
ment in the Hawaiian language
Sec. liza. The Indictment shall be read aloud to
the accused party, in open court, and after the read
ing thereof, the presiding Judge shall call upon him to plead
clerk shan enter the same Of record, and no jury shall be neces-
sary In the ease but u the plea be NOT guilty, a jury shal be
facts alleged in the indictment, but denying that these facts con-
trial on debate, at the har Of the cour, upon the law involved.
Sec. 1175. The prosecuting attorney shall open the
case, and first introduce his witnesses and proofs,
ana AMER the es1ocnct Df N ceDc = 2 presented, and
the accused, or hs counsel, has summed up and closed his case.
the prosecuting attorney shall have the right 70 Jun up the en-
tire evidence and close the debate
Sec. 1176. Under an Indictment for robbery, lar
ceny, or any other ofense, Of more than one degree,
TIE jury nay, When the evidence will not warrant n verdict Of
guilty. IN the degree ~ which the prisoner Is indicted, return q
vesdies for any Essr desrse ofshe same o6rnse-
Sec. iii. The verdict Of the jury, or the decision
OF the court, a. the oaso nay be, shall, subject 70
arrest Of judgements fcad ths sntspee 70 Be paas1 open
Law charged and found to have beo n km16st 10 1e -
ecutive caenency, % 70 . motion b ~ eanna
Sec. 1176. The ALLURE to 800
dictment. If found, 1t the ensatn E
unless the venue be changed, o. u.em
BY the court, O. . failure ton0an ~ 1900
sive dszQs@snf Of two &s<1pam44 eSsv1I
lo3R fun custody, 0tM5hcU1S8
vfI3U11eu8 Ueu16ng seq1o. >H 49,