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

nsser whether there is probable cause to believe that ,rr,
I'D ssSi Upon the evidence sddoced, convia the accused Of ne = ~
~ the substance Of the evidence adduced, with the : ns
ss,se Witnesses. and lin his opinion the testimony do not VAT
srrmitment for trial. he shall release the pr;soner nas.ar
=, 80 upon his docket buMf in his opinion there i ny ra
" e1 = .ssn make out, and deliver 70 a conssssb Psas 8 before a
~ nay be in the following form:
r-.or any other constable Of the district Of Is,,,,
e. ,Tr-arins to my satisfaction, that there is reason 10 bellies.
--, who was arrested for -, on the informas;oe
@-,( r otherwise as the case may bel would In en
Ss+rl upon the Indictment for the said onsnse. ''
", nv Commanded to deliver him, the said - 20 ~.
ssedr q The Island 10 Of 20 !, p, his deputy, who is hereby au.
su7rme % Circuit Court as the case may beg and have Won
ssen ard there this writ with full return Of your proceeding.
nes,n under my hand this - day Of Is
See. coo. Neither of the said justices shall b.v.
power to determine any civil matter required by law
Sec g07. Any person indebted to another. or liable 30
another in law, for money to an amount not exceeiino
Sc hundred dollars may, with or without suit Hrst insttu,s5
Sr ether Of said Justices and there confess Judgment aS.;Ds,
FnseGand his property, Tor such sum with costs And the justice
80 he had rendered the same upon default ar nm. ~;
deDs Of IGd s : : : NJ an. y s-n aa ssseation thereon in IKE man.
onSssed whhout suit shall have the effect in law 10 cove -
SIrzents subsequently, rendered, If it appear that The he amer =
rs caHasvely or raudulentiy confessed, or confessed without
- consiiersiiOn, or With the view Of giving frandu,er, ~
TadsSrved precedence TO one creditor over another.
Sci. e0s. No judgment rendered in either of said
;cstices' courts. shall be a lien upon real propertv
- sosketed in the ONCE Of the clerk Of The suprem ,na cn mare
ssh Iu-u'es judgments shall be a lien upon the moveable prop
~ * the defendant in execution, not exempted by law fnm
kTy, fna the time, and according to the priority Of levy.
Sec. 9O9. The said justices shall have power to adj
minister Oaths, TO perpetuate testimony under COM
ar O any other island and to issue commissions for the -
nnafsn of tsiinseny 10 be used in controversies depending be-
Or aa-m-
sec. 80. The said respective Justices shall. on
complaint Of the government, or of any party con-
oTFar himself aggreyed, be liable to mGndan,us, prohibition
rhJuneton, from any of the courts Of record. such naanda-
~. prohibition or Injunction, shall be, o pain Of removal
hrn oHce. a provided in the Constitution.
Sec. oil. The Police Justice of Honolulu shall re-
ceye for his services, an annual salary of two thous-
AMI logars the Police Justice OF Lahaina, an annual salary of
;rdTs hundred dollars and the Police Justice Of HiIo, an an
r-uts from His MAjesty's treasury.
Arr. XXXyIL-Of the District Courts.
SEC. 9i2- For judicial purposes the kingdom is
|, ivadei into districts, the boundaries of which are the
s-5ed in section i9S-
Sec 913. The respective governors, by and with
the advice Of the justices of the Supreme Court. shall
sproiat ore . more district justices, not exceeding two, for each
Gthe districts in their respective jurisdictions.
Sec. 91I. Said justices shall hold Office for the term
oftxo years from the date of their appointment, sub
et u removal a. prescribed BY the Constitution; and upon the
expiration, OF The commission of any such justice, the same shall
% ths veil being Of the kingdom
Sec. 9l5. Each of said district Justices shall have
jurisdiction, subject to ape, to hear and determine
Il eyH cases wherein the property involved in controversy, or
tn amount Of the plaintiffs demand, does not exceed one hun
drd dollars. in which the party defendant is resident, or for the
ams being Is found. within his district, whether the parties he
Hsuyes or foreigners, except that IN any district where there is
apcHes justice, the district justice shall not have jurisdiction in
any case in which either party is a foreigner - BIRTH
Sec. 9I6. Each of said justices shall have jurisdic-
ton TO hear and determine, subject to appeal, all
case of oGenses against any law of his l.a-LoGn wherein the fine
shall no' exceed one hundred dollars, IN Shish the party prose
rdc,. except that in any district where there is a police justice,
the district justice shall not have Jurisdiction in any case where
in r. p1rty accused Il a foreigner by birth Nothing IN this
SETON contained shall be held to alter or extend, the juristic-
he Penal Code.
Sec GIT. Every distric, justice shall have power to
issue 4 warrant, for the arrest and examination of
EtEe the party accused Is resident, or for the tune being is
a5oi, within his district, and upon satisfactory evidence Of the
probable guilt f such person, to commit him 10 prison for trial
@the stand.
any district justice, he shall forward without delay,
% he district attorney cf the island where the trial is to take
pace, a transcripts Of the evidence upon which the commitment
$ sounded
Sec sle. Every district justice shall have ell the
necessary powers in and for the administration of
-stice, In all cases coming within his jurisdictioc- He shall not
preserve any other record Of his proceedings, than the mere con-
en=iGn, determination, or Judgment, al which he may arrive
Sec. go. The district justices shall not have power
10 try actions for SANDER, libel, defamation of char
sner, malicious prosecution, breach Of promise Of marriage false
nj .saii = Applicable to said district justices as well as to
police justices
Sec. s2I. Said justices shall have power to cite
parties by oral message or in writing, and IN like
E1uner to ssse witnesses from any place within their respective
J1iei.I circuits, and taking equitable consideration OF the con-
- nv .haiI also have the ike power to grant adjourn
uen. as 5 conferred By law upon police justices
SET. s22. The several district justices shall receive
s- their services. such compensation as the Legisla-
t-e .hau from time : inn determine and approPriatei provided,
b0Esver. that hereafter, upon the appointment Of any district
:e s15rorai ofthe justices OF the supreme court, to provide that
scb justice shall receive As compensation, IN hG . a y.
s5E Al In iSe costs OF court CIV -D'
Sec s2s. In case Of the illness. or temporary sb-
suce. Of any district Justice, some other person may
X Appointed in the manner prescribed in section elS, % per-
hrm n. duties for the time being
Sec. ga. Nothing contained in this article shall
be construed to prevent one person from being ap-
printed district justice for more than one district
CHAPTER XvL-OF PROCEEDINGS IN SPECIAL
CaSSES.
Azr- XXXvIII-O or the Settlement Of Disputes BY
arbitration
Sec 925. All controversies, which might be the
subject Of n personal action at law, or OF a SUIT IN
esairr. nav Be submitted tn the decision Of one or more arbi-
;zs0rs in the manner provided in this article
See. qa6. The parties to any such controversy may
agree in writing, to submit the same to the decision
sous o. msr- arbTirrator<. named in the agreement, or to be
@Ppoiai=d in such manner as the parties shall agree upon SIP
- entered up as a Judgment OF any court OF reco.u, PN~
oasr- Of the kingdom, mentioned in such agreement
Sec 92T. The parties shall appear personally, OF
BY attorney, before the police justice, or any Justceo a
a=our q reroui, agreed upon, and npon tier aekno~ ~
s1erStion Of the written submission. and prch1cins ~ !.
eeHr -uch justice, he shall cause the same u DC en.eIe
ue q court :: after which neither party shall have a night 70
-Tske the submission. without the consent OF the otner-
Sec. 92s. All the matters admitted to the decision
Of the arbitrators. shall be specified in the agree
1eai q Submission, or in a written statement anneSei 's'e'
Sec. 92a. The parties may stipulate in the agree
nent Of submission, as to the time within when .ns
A-ari tts be made and reported TO the cour, anu no -. -
nsie aAer that time shall be held TO nina Wc arr
y their mutual consent before the court
Ser $50. The arbitrators shall give notice TO the
parties Of the time and place appointed Tor nearing,
aud 4 ether OF the parties shall neglect TO appear oeIore ue
snitztors, after due notice, the srbitrators may 49, - -
sr and determine the cause, upon the evidence proouoea
As oths- party.
Sec. 93l. All the arbifrators must meet ana near
tee parties. but a majority of them may MAKE inc
srsd. whch shall he a valid As IL signed by an OF mn :. s =.