The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1881-12-31

Harris, C. j., JaIJ ami MeCoEv, J. J-Opm-
10" If til co~r1 ly MeCuRy, J.
-
Bill Of Exceptions from the Circuit Court Of
the ". Judicial Circui'-as follows:
The Plaintiff claimed Of the Defendant the
sum # one hundred dollars, as damages caused
% the Plaintiff person, IN that the Defendant
had assaulteI the Plaintiff and bitten off the
upper part e the Plaintiffs foreinger Of the
left hand.
And the Defendant BY his Attorney, Alfred
5. Hartwell, did on the 18th day Of February,
A.. D. 1850, file with the Clerk of this Court,
his answer denying all the facts alleged in the
Plaintiffs declaration.
And it appearing TO the Court here that the
Plaintiff had previously brought his action
Cor the same matters and things now alleged
against the Defendant before the District Jus
tice of Lihue, on the Isl-nd Of Kauai, but that
said District Justice had dismissed the same
on the ground that he had no jurisdiction OF
causes Of this nature, aud this Court being OF
the opinion that only the said District Justice
has original jurisdiction of this cause, the
Court did order that the Plaintiff said cause
be dismissed on the ground that this Court has
no original jurisdiction thereof; and that the
Plaintiff is at liberty to bring the same action
against the Defendant, before the said District
Justice. 1t also appeared that no appeal had
been taken by the Plaintiff from the ruling OF
the District Justice declining jurisdiction az
aforesaid.
And the Defendant moves that instead of re-
handing said cause to the District Justice as
aforesaid This Court do order that judgment be
entered for the Defendant and that the Plain
tiff take nothing herein by reason of the Plain
tih's failure to appeal from the aforesaid rul-
ing of the said District Justice, but the Court
refused to grant that motion.
BY THE COURT.
On examination of the complaint III this
case, we find that the proceedings in the Dis
trict Court were set forth in the complaint,
and thus the Circuit Court was appriZed OF
them. But this was an original action in the
| Circuit Court, and ii does not appear to us to
have been relevant to the statement OF the
Plaintiffs matter Of action to rehearse q pro-
! ceeding In the District Court, which had not
come mp by appeal, nor was 1t relative to the
bill Of exceptions as we understand the ruling
of the Circuit Court. The Justices OF the
| Circuit Court dismissed the action on the
ground that the complaint, laying the damages
at $500, was within the exclusive original
Jurisdiction of a District Court, and could not
be entertained by the Circuit Court except by
appeal. Now the question OF the jurisdiction
Of the Circuit Court could not be affected by
the ruling of the District Justice that is to
say; it would not follow that the Circuit
Court must take original jurisdiction because
a District Justice had held that he had none,
but only if it was good IN law that there was
no jurisdiction in the lower Court, and there
1 lore must De III liz Olihll1l JulAohACbAOA VI S4N
higher Court. And if it were held, wrongly,
by a District Justice that he had no jurisdic-
tion I'm a case brought before him, and after
wards the same case being brought, by orlgl-
nal petition, before q Circuit Court, or the Su-
preme Court and it being held, in such supe-
rior Court, that it was a matter of exclusive
original jurisdiction with the lower Court, 1t
conld not be maintained in such lower Court,
upon the action being freshly brought, that the
previous ruling of the lower Court would be q
bar hereto. The substantial question, for our
review, here, is whether the Circuit Court,
had original jurisdiction, either exclusive or
concurrent with the District Court, OF the mat
ter laid in the complaint. Jurisdiction is q
matter of Statute, and the jurisdiction OF the
inferior Courts is strictly determined by the
statute, and it is not to be extended by lmpll-
cation.
We quote here the statutes affecting the
Civil Code 1898. "Police Courts **# shall
have exclusive original jurisdiction, within
their respective districts, over all police cases
proper, and over all cases, where the amount
Of property, in dispute, shall not exceed one
hundred dollars, wherein one or both OF the
parties are foreigners"
Civil Code s9I5. "Each of said District
Justices shall have jurisdiction, subject to
appeal, to hear and determine all civil cases
wherein the property involved III controversy
or the amount of the Plaintiffs demand does
not exceed one hundred dollars"
Civil Code $3.50. "The respective Circuit
. Courts shall have original jurisdiction to hear
and determine all civil suits between lndlVla-
+, nails OF in which the Government is Plaintiff
involving a greater amount of Indebtedness OF
= claim than one hundred dollars, and appellate
Jurisdiction, in all such suits, when the amount
r claimed does not exceed one hundred dollars
1 They shall have power to hear and determine
, all private actions arising within their Jurls-
y die ion, sounding in consequential INJURY OF
y A. W1.nsF "a 4 q annor1nf of claim -
Statutes of 1868, page 33. Amends Section
500 to read "Police Courts shall have exclu-
sive original jurisdiction within their respect
i've districts, over all police cases proper, anc
over all cases where the amount OF property
in dispute shall not exceed two hundred dol.
lars" thus emitting the Limitation "%yTherelI
one or both of the parties are foreigners
and giving the same exclusive jurisdiction VI
To two hundred dollars which they had had VI
10 one hundred dollars. The Statutes OF 1874
cbanter xii, amend Section 9l5 by substitu'
ting the word two for one, raising the Jurls
diction of District Justices also to two hun
dred dollrrs.
It is to be remarked that as the Civil Cod,
stood before the amendments, the limit OF Jurls
dictien given To the police and District Courts
of one hundred dollars, symmetrlcally con
formed IN the provision in Section $50, giving
= appellate Jurisdiction to Circuit Courts IN mat
ters of Indebtedness or claim " when tn
amount claimed does not exceed one hundred
dollars "and original jurisdiction when sue!
claim is greater than one hundred dollars.
We must therefore hold that, while the gran
of Jurisdiction TO the Police Courts In Sector
eoS ia made 80 exclusive in terms, the juris
diction of the District Courts is intended to b
exclusive, although that term is not employe!
as TO cases of the character which CIrcui
Courts can entertain only on appeal. Flo
there is no other forum for them.
But there is 4 distinction made IN Sec. SO
between ''civil suits involving Indebtedness o
D. claim" and % pri' ate actions sounding IN con
sequential injury or damages, the %Jurlsdlc
ton of the Circuit Courts as to the former be
ing exclusively original or exclusively appeI
80 ate as the amount claimed may be greater o
NAV not exceed one hundred dollars and as t
the latter being without limit as to amouu
. Of claim" that Is without a maximum term.
Section 9I5, likewise distinguishes case
where property is involved IN controyers
and where the amount is made by the plain
.T. ,s,J,,tioD or demand. The forme