The Hawaiian gazette., 1890-07-01
XII.-THE JUDICIARY.


Xu.-THE JUDICIARY.
Art. 92. The Judicial power of tn,
Kingdom shall be vested in one Suprem,
Court and such Inferior Courts as tn,
Legislature may frons time to time estab
lish, and shall be divided between then
in such manner as it may prescribe
but no extraordinary courts or chambers
of Justice shall ever be instituted, out
side of the Senate, as heretofore pre-
scribed, and of the eourt-martials, ii
such time as martial law may be pro
claimed.
Art. SO. The King, in Privy Council
appoints the Justices OF the Supreme
Court and all other Justices of the Courts
of Record, and the tenure of Office in the
Inferior Courts shall be such as may be
defined by the laws creating them.
Art. "a. The Judicial power shall ex-
tend to all casesi in law and equity aris-
ing under the Constitution and laws OF
this Kingdom, and treaties made or
which shall be made under their author
ity, to all cases affecting public Ministers
and Consuls, and to all cases of Admir-
atty and Maritime jurisdiction.
Art. 50. The Supreme Court shall con-
sist of Chief Justice and not less than
three Associate Justices, any OF whom
may hold the, Court, The Justices OF the
Supreme Court shall hold their offices
during good behavior, subject to i'm
parchment for ineompetency, corruption,
malfessance, peryersion OF justice, abuse
Of authority, interference In politics or
with the prerogatives Of the other Powers
of the State; the proceedings of trial
against them can be initiated by request
of the Cabinet. or of any member OF the
House of Representatives or on petition
from the people Provided, however,
that any Judge of the Supreme Court or
of any other Court of Record may also be
removed from office on resolution
passed by two-thirds of all the elective
members of the two Houses of Legisla-
ture in convention, for good cause shown
to the; satisfactionofth the King ;theJudge
against whom the Legislature may be
about to proceed, shall receive due notice
thereof, accompanied by copy of the
causes alleged for his removal, at least
ten days before the day ON which the
Legislature shall act thereon, and shall
be heard before the convention who is
going to examine the case.
Art. 95. The Judges of the Supreme
Court and other Courts of Record shall,
at stated times, receive for their services
8 compensation which shall not be
during their continuance in
office; and, before taking charge of his
office. every member of the Judiciary
shall take and subscribe an oath that he
wIl-suPpert the Constitution, justly ap-
ply the laws and faithfully and imparti-
ally discharge the duties OF his office.
Art. 81. No judge or magistrate shall
sit again on an appeal or new trial, in
any case on which he may have given a
previous judgment.
Art. 9S- Any judicial officer who
shall absent himself from the Kingdom
'or more than sixty days, shall be
deemed to have forfeited his office; for
onger leave of absence, permission must
be obtained from the King in Privy
Council
Art. 99 The Chief Justice of the
Supreme Court shall also be the Chan
;ellor OF the Kingdom He shall exer-
Use such jurisdiction in equity or other
Eases as the law may confer upon him,
lis decisions being subject, however to
he revision of the Supreme Court on
appeal; he shall send to the Legislature
/ biennial report OF the state of the Judi
,iary in all its branches and of all it's
including a statement of
uch defects and omissions in the laws
IS may be discovered to exist.
Art. 100. The decisions of the Su-
'reme Court, when made by majority
# the Justices thereof, shall be final and
onclusive upon all parties.
Art. 101. The King, his Cabinet and
he Legislature shall have authority to
equire the opinions of the Justices of
be Supreme Court, upon important
uestions OF law, and upon solemn occa-
ions.
Art. 1O2. Capital punishment, such
s provided by the present laws of the
and, shall be applied only in extreme
ases; it is abolished for political |
fenses.
Art. 103. The possession or sale of |
rearms and ammunition of war by pri- |
ate parties is strictly prohibited, except |
y special licenses as provided by law
censes shall also be issued allowing in |
ividuals to possess a reasonable |
lumber of small arms for personal |
rejection, or fowling pieces and riled |
Or sporting purposes but the carrying of |
unless by the military and |
olice in the exercise of their functions. |
strictly forbidden And no individual |
r corporation shall be allowed to or |
anize, equip, maintain or employ an |
rmed body of men; but, in case of war. |
lot, or other public danger, the King in |
'rivy Council, may order the distribu- |
on OF arms and ammunitions from the |
iovernment arsenals to the police and
D volunteers who must serve under the /
rders OF officers appointed by the King |
trough his Cabinet
Art. l04. The following persons shall |
OF be permitted to register for voting. to |
ote, or to hold Office under any denart- |
lent Of the Government, or to sit in the |
namely: Any person who |
insane or an idiot, or any person who |
hall have been convicted Of any of the |
'lloving-named offenses, viz: Arson, |