The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-04-26
OPINION OF THE COURT BY BIcK-
ERTON, J..

OPINION OF THE COURT BN BlCk-
ERroN, }.
This is an action of replevin for a
horse before the Police Court in
Honolulu, where Judgment was rem
dered for plaintiff for the restitution
of the horse and S23 damages, and
costs $500. An appeal was taken
to the intermediary Court by the
defendant on the following queS-
tions of law:
EEFirSt Has the Police Court of
Honolulu jurisdiction to serve its
summons oaSide of its civil juriSdie-
ton, to wit, the district of Homo
lulu, in an action of replevin under
Chapter NXNVIII., Laws of
1854 ,"
- Second Is the bond given to
the Marshal in the above entitled
cause on the 18th day of October ~
A. d. 1891, as required by Section
4, Chapter XXNVIII., Laws of
1854, legal ?"
These questions were certified up
by the Acting Police Justice.
This appeal was heard by Mr..
Justice Dole at Chambers on No
vember 9th, 1891, who held that
the plea to the Jurisdiction was
good, and decided in favor of the
defendant, to which decision and
ruling the plaintiff noted exceptions
and appealed to the Supreme Court
in Banco. The following are the
points of law certified up:
sc 1st. That the certificate of ap-
peal, although not strictly formal,
complies with the law.
, 32d. That the Police Courts have
no Jurisdiction to issue their civil
process to be served outside of the
district in which the Court is To-
Gated. Hence the service Of the
summons in this case in the District
OF KoOIau Is irregular. and of no
effect.
80 Sd. That the summons being
served out of the district, it makes
the whole proceedings irregular.
Hence the taking possession OF the
horse by the Marshal in the district
of Honolulu was irregular.
s. 4th. That an appeal lies to the
Supreme Court in Chambers on
points of law from the Police Court
In this case"
In regard to the first point raised,
it has been settled in our Courts
that an appeal on points Of law must
be signed by the Justice, and the
points Of law appealed from reduced
to writing and distinctly stated.
The King w.. Lee ChOy, Haw.,
g.
Wenner VS.. Lindsay, Haw.,
II9.
HumuuIa Sheep Station VS.. L.
AhoIO, : Haw., 213.
Although the points Of law certi-
fed IN by the Acting Police Justice
may 4 be couched in strictly for.
nal language, yet they are in such
Engage az 10 clearly inform the
Appellate Court of the questions o.
law raised.
We therefore override the first
zion.
IN regard the second point raised
the limited Jurisdiction Of Police
and District Courts In civil matters
IS 50 clearly fixed and settled by on
statutes that it does not admit o
argument. 1t is confined to thu
Judicial district for which the rnagis
trAte is appointed. The lower Cour
was right in holding that thu
Police Courts have no jurisdiction
to issue their civil to be served out
side Of the district in which tn
Court il located" But in this cas-
the summons was issued in tn
usual way, that Is, the defendau
was to be summoned elf he can b
found in this district" (of Homo
IuIu) bat he was served out Of tn
district, and consequently the gel
vice was Illegal, and Of no bindin
effect.
We therefore override the secon
exception.
As to the third point. At tn
hearing in the Intermediary Cour
it appeared that the horse was take
possession Of by the Marshal in I'll
district Of Honolulu, and the r
ceipt Of the plaintiff shows it vi
delivered To him in Honolulu !
the Marshal.
The return OF the Marshal shoy
that he took the horse, but does n
say where. The return il date
- Honolulu, October II, 1891 /;
bat the fact that the horse "
= taken to Honolulu is not dispute
The return on the back Of the sur
mons shows that it was served
the defendant at Kaneohe, in T
district Of Koolaupoko, Island
Oahu.
It becomes necessary 10 exani
the Act commonly called the "f