The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-10-14
Passed
AFTERNOON SESSION.
The House re-assembled at 1:4O p.

The House re-assembled at lao PM.
SEC. Z. 1t shall always be competent
Tor party or his counsel to poll the Jury
after their verdict is announced. To poll
the jury, the party or his counsel shall
repeat the verdict and shall ask each
juror separately, ais that your verdict"
Ii less than the required number OF
jurors shall answer YES" upon such
poll the jury shall be discharged, and the
like proceedings thereafter had as though
there had been no trial on that occasion.
Section was stricken out.
SEC. s. Upon the trial by jury of any
civil case, except an action for SLAM
der, libel, criminal conversation, seduc
ton, malicious arrest, malicious prosecu-
ton and false imprisonment, the court
by the consent OF the parties, instead of
directing the jury to give general YER
dict, may direct the jury to answer any
questions OF fact stated to them by the
court for that purpose, and in such case
the jury shall answer such questions,
and shall not give any verdict, and on
the finding of the jury on the questions
which they answer, the court shall enter
the verdict, and the verdict SO entered
the same objections and modes of at
tack, Cf moved against,) as if the same
had been the verdict of the jury.
Passed.
Sec. 9. In the challenging of jurors,
the following order and sequence shall
be observed, namely: the plaintiff in
civil actions, and the Crown in criminal
cases, shall first challenge for cause, after
which the defendant or defendants shall
! challenge for cause. After the challenges
| for cause, If any, shall have been deter
mined, the plaintiff in civil cases, and
| the Crown in criminal cases, shall state
his or its peremptory challenges, if any,
after which the defendant or defendants
| shall state his or their peremptory chal-
! lenges, if any. In case there shall be
! two or more defendants in any criminal
case, they shall not be obliged to join in
any challenge, but they shall each be
permitted to challenge separately as
many Jurors as the law shall allow 10
any separate or sole defendant under like
circumstances. The order of precedence
OF their challenges, If not agreed upon
by them, shall be determined by the
court.
Passed with an amendment by the
committee making peremptory chal-
fenges alternate.
Sec 10. At the close of the evidence,
(unless the court shall direct non-suit
or order verdict for the defendant,) the
respective parties, or their counsel, stall
be entitled to sum up the facts to the
jury. In their addresses to the jury they
shall be allowed ample scope and lati
tude for argument upon and illustration
of any and all facts involved in the
cause, and of the evidence tending Il
either prove or disprove the same. They
shall not be forbidden to argue the Law
of the case to the jury, but they shall
not assume to instruct the jury upon tn,
law in such a manner as TO enCroacl
upon the function Of the court to so in
struct the jury.
Passed.
: SEC. IL The party holding the affir
native OF the matters in issue shall b
entitled to open his case to the jury AM
} TO present his proofs. If the defendan
; shall present any evidence, he, or hi
counsel shall first, after the close Of tn
evidence, address the jury upon the facts
: after which the opposite side shall be en-
|
| facts. But ii the defendant shall pre-
2 sent no evidence, he, or his counsel sha
l be entitled to make the closing argu
| ment to the jury.
Passed with the substitution of tn
words "the Crown or PLAINTIFF in
stead of "the party ETC., in line one
8 and with the last sentence stricke
. out.
e SEC. y. This Act shall take efec
Y from and after the time of it's approva
=. and all laws and parts OF laws in confiC
r Herewith are hereby repealed.
= Passed.
i; The title and enacting clause wer
:, passed.
, The native translation being CON
! planned of, Rep. Smith said he ha
. never seen so much faulty translate
= as at this session from native int
Z English, and vice versa. The Enrol
: ment Committee could revise tn
translation.
= Rep. Kanealii thought the COmmi
% tee on Accounts should make some
! these translators disgorge.
~ The bill passed to engrossment, an
= Tuesday was set for the third readin,
Second reading of Bill 80, to encOu
- age cultivation of coffee and ramie.
y The Commerce Committee recon
- mend the bill pass.
= The consideration of the bill, viii
!, an amendment offered by Rep. Asl
" ford, was postponed until the intr
Queer of the bill should be present.
lie Noble Marsden presented repo
of the Temperance Committee on Bill