The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1859-09-21

10 III all vacancies which may occur in their number
Sec. 1908. The said commissioners shall have tn
like power to administer oaths to punish contempt
70 grant adjournmess to subpoena and compel the ATTENDING
Of Witnesses and issue execution for costs, as is conferred b
law upon police courts A
ART. XLv-Of the Suppression Of Prosttufion.
Sec. 1904. 1t shall be lawful for the Police Jus
ticcs Of Honolulu, Lahaina and Hilo, respd Tely, {
cause to be arrested and brought before them, any Nnale tina
a prostitute, aud if it shaILsppear to the satisfaction of tn
Justice that such female is prostitute, and that her father
mother, or guardian, reside in any ether district than that Il
which such justice has jurisdiction, or that such female has lief
where such iushcs has jurisdiction, for the purpose Of prostitu
ton, such justice may order such female to return to her parent
came. within forty-eight hours from the time Of such order ; an,
Ifsueh female be found within his district after the expiration Q
such period Of forty eight hours, the justice may punish her b,
imprisonment at hard labor, or solitary confinement, for a periot
a q e snbseausnt '" eo9p iiSt for ppn a 2 peri %li' not e%He exceedi my sixty (
days. 1t shall be the duty Of all judicial and police officers
tees OF the seaports aforesaid, Of any females belonging t
70 their r sssp ps 9 s. districts g. Whom ,Se n. snsy ma as srspdt. 4 nat shaa
they may be dealt with as hereinbefOre provided.
CHAPTER XvH.-OF APPEALS.
Sec. 1905. Any party deeming himself aggrieved
by the decision of any police or district justice. in
any case, whether civil or criminal, may appeal therefrom to
any circuit judge at chambers, by giving notice Of his appeal
ing the costs accrued within ten days after the date Of said de:
cison provided. always, that no hearing shall be had until
paid.
Sec. 1OO6. Any party deeming himself aggrieved
be the decision of any police or district justice, in
any case, whether civil or criminal, may appeal thercfrom to
the Circuit. Court, r to the supreme court by giving notice Of
and within 6ge days after the date Of said decision pSing the
costs accrued. and lepositing a good and sufficient bond in the
OF the costs further to accrue, in case he is found guilty or de-
fsated in the court above provided, always, * that a.' where = such {
justice on points oflaw, the appeal shall be heard and deter
mined by the appellate court in banco.
Sec. 10C7. Any party deeming himself a~ggrieved
by the decision o. my circuit judge at chambers, in
any case, whether civil or criminal, may appeal thererom to the
- ;tb;n ,o N jsxs m the re5deyi5g or such' decision and
within ten days after the date of such decision, paying the costs
sufficient bond in the email sum Of fifty dollars, conditioned for
shes aymen, Of u the costs t further to accrue. in case he is defeat
that where such appeal is taken solely upon exceptions TO the
decision OF the circuit judge on points of law, the appeal shall
be heard and determined by the appellate court in banco.
Sec. zoos. Upon an appeal being taken and per-
fected, according to the provisions of either of the
give immediate notice thereof to the other party, and if execu-
ton shall have been issued, to the officer charged Herewith,
and shall also, without delay. transmit to the clerk Of the appel
had before him.
Sec. 1908. Every defendant appealing from the
decision of any circuit judge, police justice, or dis
trct justice, in any criminal or penal prosecution, shall remain
in the custody of the Marshal or the Sheriff Of the Island, uhtl
the term of the supreme or circuit court to which said defendant
has appealed, unless he deposit with the Marshal or Sheriff, a
penaIty imposed upon such defendant in the court below. con-
ditioned for his appearance for trial at the supreme court as
the circuit judge. or police or district justice, is both fine and
imprisonment, or Imprisonment only, the Marshal or Sheriff
shall exact from the defendant a bond, conditioned as aforesaid,
in the penal sum OF not less than one hundred, nor more than
two hundred dollars.
Sec. 1910. An appeal duly taken and perfected, in
any case provided for in this chapter shall immedi-
ately thereafter operate as an arrest of Judgment and stay of
execution
with the provisions Of this chapter, in any case here
in provided for, the decision rendered in the case shall be final,
and no court in the kingdom shall have power To remove the
same for any cause whatsoever.
Sec. 1912. In any case of an appeal from the de-
cision of one of the justices of the supreme court, at
chambers. in which a jury shall have been empanneled by such
Justice. the aDDeal to the full court shall be taken upOQ the
record. the verdict Of such jury being deemed conclusive as to
question Of fact involved
Sec. 1913. Costs shall be allowed to the prevail
ing party in judgments rendered on appeal, in all
cases. with the following exceptions and limitations:
appeal, and Judgment be rendered in his favor in the appellate
one fifth or more, costs shall be awarded to the appellant:
2 II the defendant in whose favor a Judgment is rendered,
shall appeal, and he shall not recover in the appellate court ut
one-ffth more than the amount recovered below, costs
shall be awarded to the appellee:
and he shall not recover in the appellate court at least one-ffth
than the amount recovered below, costs shall be awarded
4 In all other cases, the party recovering any sum shall be
Sec. 1914. Whenever costs are awarded to the
he shall be allowed to tax as part thereof,
he costs and fees paid in the lower court ON taking the appeal,
an appeal, a recovery for any debt or damages be had by one
party, and costs be awarded to the other party, the court shall
yet of such costs against such debt or damages, and render
Judgment for the balance
Sec. 1915. The supreme court may, from time to
line, establish by standing rules, such regulations
or the taking Of appeals, and for the removing Of causes by GER
or the better administration of justice.
CHAPTER XvIII.-Of the Issuing Of Execution.
and Proceedings thereupon.
Sec. 1O16. Every circuit judge at hambers, police
Justice and district justice, shall, at the request of
Judgment be duly appealed from, issue his execution against the
p ~ o. ua ans party recovered against winch execution may
To any constable Of the district of =, ISLAND of-,H.L L.
NOu III commanded to levy uDOu the perSOual Drorarty n II
If any within your district, and if sufficient cannot be
ound. then upon his real property within said district, and Civ
ng thirty days previous notice as required by law, to sell the
anne, or 50 much thereof as may be found necessary. at public
to the highest bidder, in order to satisfy a judgment render
d by M against him in favor o., on the day of
ng also the legal interest thereon, from the date thereof, snd
FOUR costs and the expenses OF levy. advertisement and sale
hereon, and the money by you so collected, on or before the es,
of - days; and hereof fail not at your peril
Given under my hand this day of-,1S-.
Police Justice (r ast the case may be)
Sec. 1017. The provisions of the last preceding
section, shall not apply to the issuing of execution
a judgment entered up by the order OF a circuit judge. in
he execution shall be issued in fhc manner and form prescribed ;
or courts Of record.
Sec. 101S. All executions issued by a circuit Judge 4
chambers, police Justice or district Justice, shall be
returnable within sixty dayforms the date thereof.
Sec. 1919. The forms of executions to be issued
courts of record, shall be the same as have been
efe.o, ORE, established hsned by the t usage and p, sGa OF such courts
by the Supreme Court, when necessary to adapt them to
hanges in the Law, or for other sufficient reasons.
Sec. 1920. All writs of execution, whether civil or
issuing from any court Of record, shall be
addressed TO the Marshal, or his deputy, and shall be signed by
he clerk of such court, and impressed with the seal thereof.
Sec. 1O21. Every officer receiving a writ of execu-
ion Issued in due form by any court or justice, shall
'ote thereon the day and hour of It's receipt, and he shall give
rority in leyying upon property Of the defendant In execution,
o the writs received by him according to the order Of time in
shich they are received.
Sec 1922 Every levy by an officer, in pursuance
{ a writ OF execution issued by any court, or justice,
hall be made by taking the property levied upon into his posses
ion, care and guardianship, and in his option, by removal Of the
anne to some place of security. The officer shall make an inven-
Dry Of the property levied upon
Sec. 1923. The officer shall, after levy, advertise
or sale the property levied upon, whether real or
ersonsl, for thirty days, or for such time as the court shall or
eT, by posting a written or printed notice, in three conspicuous
laces within the district where such property is situated, and il
n the Island Of Oahu. by advertisement thereof In the Govern
Gazette.
Sec. 1924. The officer shall, Oh the day and at the
lace set for such public sale, unless paid the amount