The Hawaiian gazette., 1888-10-02

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on all matters pertaining thereto shall be taken, and if
it be found that the seat ought to be de-
cared it shall be declared by the Legislature, and
new election shall Immediately be ordered by the Min
lister of the Interior upon receiving notice of such
cancy from the President of the Legislature.
SECTION a. Whenever any vacancy shall curwhile
the Legislature is in session, by DEATH resignation
or otherwise the Minister of the Interior shall cause
special election to be held as herembefore required
Any special elections shall conform all respects
cept as otherwise provided herein the regular ben
NAL elections held under the provisions of this Act
,ANNULING ELECTIONS. PROCEEDINGS IN COURT.
SECTION 7S In addition to the methods hereinbefore
set forth for vacatng any seat in the Legislature any
candidate any ten persons who have voted OF were
entitled to vote in the district may file petition ad
dressed the Chief Justice of the Supreme Court set
ting forth any causes. why election shall be
vacated or a seat be declared vacant Such petition
shall be filed in the Office of the Clerk of the Supreme
Court within thirty days following election, and prior
to the hearing thereon the Clerk shall receive deposit
of such costs may be necessary in the case The
hearing may be had before any Justice of the Supreme
Court and may be held either in Honolulu or in the
Judicial Circuit wherein the election is disputed
PROCEEDINGS.
SECTION 80 A notice of not less than fourteen days
shall be given to the Inspectors of such election may
be contested and to the candidate who shall have been
returned whose seat is contested and to any others
whose rights interests particularly affected who
shall be designated by the Chief Justice of said Supreme
Court. Besides such notice written printed notice
shall be likewise posted in the district or published in
some newspaper circulating in the district for not less
than ten days prior to such hearing.
HEARING.
SECTION so At the hearing the Justice shall cause
the evidence be reduced to writing in full or sui-
GENTLY ascertain all of the facts involved and shall
thereupon give Judgment stating all of his findings of
fact and the law thereupon which shall then be trans
mitted in full to the Minister of the Interior provided
appeal shall be taken If such finding shall be that
the election invalid and the seat therefore vacant
election shall at be ordered by the said Min
lister.
COSTS AND APPEAL
SECTION ST. Such award as to costs in such proceed
ingS shall be made as the court hearing the case shall
determine Costs shall be the in trials in the
Supreme Court in Chambers The decision in all re-
spects shall be subject to appeal to the Supreme Court
in Banco which.shal without delay hear such appeal
and render decision thereon and such decision shall
be transmitted to the Minister OF the Interior If such
finding shall be that the election invalid and the
seat therefore vacant election shall at once be
ordered by the said Minister.
SECTION 50. In case either the Supreme Court or the
Legislature SHALL by final conclusion or judgment de-
clare vacant the seat of any member such conclusion
Judgment shall be final and binding upon all parties.
But in either of said tribunals shall upon the trial
of petition against any member render Judgment
decision dismssing such petition such judgment or
decision shall not be binding upon, prevent the other
of said tribunals from entertaining petition to declare
vacant the seat of such member.
RULES
SECTION So. The Supreme Court may make. alter
amend and rescind rules for the trial hearing appeal
and any other matters pertaining to such contested
election and the Of proceedings shall be at
Chambers Of the Supreme Court the Justice shall have
like powers in trials at regular term of the Court
to the compelling the attendance OF witnesses punish
ing cOntemps and in all other matters pertaining to
such hearing.
SECTION 81 ANY witness who shall wilfuly testify