The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-02-12

JUDD. c. J, MCULLY. PRESTON. BICKERToN
AND DOLE, IL.
0pipjoE Qf The Co,uf PER JUDD c.
The defendant was arrested by war
rant of the Police Justice of Honolulu,
charged with refusing to work ac
cording to the terms of n written con-
tract of labor between him and Mr.. G.
Afeng, his employer, plaintiff. The
Police Justice, on the 9th October,
1888, ordered the defendant to return
to the labor of his employer on Ha-
w;iii, or be imprisoned until he con
scented so 10 do. On the 3lst~ October
the Police Justice signed a certificate
which, after reciting the Judgment,
stated that an appeal from the said
Judgment was duly noted by the said
defendant to the Supreme Court in
Banco, and that said appeal has since
been duly perfected according to law.
All the statutory requirements for
an appeal of this character We're COM
piled with, that is, costs were paid,
ard bond for costs on appeal was
executed and filed within ten days.
On the 21St December Il paper was
filed, signed by the Police Justice,
embOdying the points OF law on which
the appeal TO this Court was taken.
The plaintiffs counsel moved to
dismiss the appeal on the ground that
the points of law were not certified to
by the Police Justice within ten days
after his judgment.
The Police Justice is required by
Rule 50 B. TO forward without delay,
after the appeal is perfected, to the
Appellate Court, the certificate of APP
peal, which should state the nature
OF the action, The decision made,
whether the appeal is to jury or TO
the Court in Banco on points of law,
and in the latter case the points of
law thould be distinctly stated
Section zoos of the Civil Code re-
quireS that notice of an appeal taken
and perfected from the Police Court |
to the Supreme Court should be given
by the Justice Immediately to the !
other party, and that the Justice
shall, without delay, transmit to the |
Clerk of the Appellate Court q perfect |
of the record and proceed |
ings had before him.
We held at the January Term, 1SSS, |
in HttHftftild Sheep Station rs. l.. ALO, |
that the record from the Police Court
was incomplete in not stating the
points of law upon which the appeal
was based, and we refused TO allow
the appellant to return the record to
the Police Court To he completed, and
DECLINED to hear the appeal for the
reason that there were no points of
law in the case before the Court for
Is consideration on appeal. This case
sore a close analogy to Rer Is. Lee
Chou, April Term, 1857. In the case
1t bar the points OF law are before us:
lut it appears that they were certified |
y the Police Justice and filed in this
court about two months after the
appeal had, in other respects. been
Perfected and the record sent up.
We consider the correct practice to
,e a follows: The points of law, if
hey have been made by the party
turing the trial, and are stated by the |
'olice Justice on his minutes, need
lot be Testated by the Justice on a
eparate paper. II they appear on
he minutes, that IS sufficient
If the points OH which the appeal is
ased were not made during the trial,
nd (OrJ were not noted on the
they must be reduced to
rriting and be presented to the Police
Justice within the ten days allowed
II perfecting the appeal.
The Police Justice, then, has the
ecOrd complete which he Is TO send
p without delay We expect this {
ractice TO be followed hereafter But
: it is not entirely clear from the
tatute and Rules that the points of
w are to be prepared and presented
, the Justice within ten days from
le judgment, We do not dismiss this
YpeaI, since we. found the points be-
re Us when the case was called for a +
caring.
Motion to dismiss denied. a,
J. A MagoOn, for Plaintiff; J. II.
arenaba, for defendant.
Tr-.-I..I.. r......-.--- n re.rn