The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1893-04-04
COURT MATrERs.
MoEpAY. March 27.

A decision has been filed by Judg
Whiting in the case of the Queen "
\ All Hum. Defendant is charge,
with violating Section 3, Chapter II
Laws of 1856, by managing or con
Quoting or assisting in managing o
conducting lottery known as che ia
The offense was committed last July
and on conviction in the Polio,
Court defendant appealed, and tn,
case came up for hearing at the Feb
ruary Term of the Circuit Court. Or
February 23d defendant moved tina
the charge against him be dismissed
on the ground that there was no Law
then in force under which he could
be convicted.
On February 10th the Lottery Act
repeating part of the Act OF 1856, wa.
published. 1t was repealed by the
Provisional Government on January
18th, or nearly a month before pub
LEGATION, and in March, Act 21, tc
prohibit gaming was passed and
published. The defendant contends
that the Lottery Act repealed the
section of the Act of 1856, under
which defendant was charged, that il
increases the punishment, and there
fore the application of it to previous
offenses would be ex post facto and
unconstitutional, and that Section %
of the Civil Code does not apply, as
it fails to provide that a prosecution
may proceed under the old Act re-
pealed.
Section % of the Civil Code is as
follows:
"SEC. % No suit or prosecution
pending at the time of the repeal of
any law, for any offense committed,
or for the recovery of any penalty or
forfeiture incurred under the law so
repealed, shall in any case be affected
by such repeal"
Whiting, j., in long and careful
decision reviews the authorities, and
finds that Section % of the Civil
Code applies to this case, and there
fore validates the prosecution. De-
fendant's motion for discharge is
accordingly overruled.
IN THE SUPREME COURT.
Antonio Firreira Serene has filed
an application for a writ of manda-
mus against j. H. S. Kaleo. District
Magistrate of Hama, island of Maui.
The petition sets forth that the petit
toner was convicted of selling LIQUOR
without license by the judge before
mentioned, that he noted an appeal
and duly perfected the same, but that
the said judge refused to certify up
the appeal to the Circuit Judge of
the Second Judicial Circuit of Maui,
although legally bound so to do. 1t |
requests that the writ of mandamus
issue, commanding the said Judge, J. |
H. S. Kaleo to certify up the appeal, |
or to appear and show cause, if any
there be, for not doing SO.
The petition is addressed to the
Hon. A. F. Judd, Chief Justice of the
Supreme Court, who has ordered
that the writ issue.
In the matter of the guardianship
Of William Lindsey, of Ulupalakua,
Maui, the Court Cooper, J. exam
med the account of J. NJ Monsarrat,
guardian, and, 1t being verified and
found correct and the minor now
being of age, approved the same and
ordered the discharge of guardian
rom further responsibility in the
natter Receipts were S1209 IL, and
payments S11S2 81. j. NJ. Monsarrat
or himself; the ward in person.
IN BANCo.
The Million Dollar suit came up
gam yesterday. The re argument
vas made necessary, it is understood
because counsel could not agree.
TUESDAY, March 2S.
In re application of Antonio Serno
or writ of mandamus partly heard,
md continued until next Monday.
The petitioner, who lives on Maui,
lid not appear. The defendant, Dis
rict Magistrate for Hama, states, in
lis testimony, that the plaintiffs ap-
veal was not duly perfected, as he
allied to state to what court he in
ended to appeal.
Recently Judge Frear, while pre-
iding at the Circuit Court term on
Kauai, sentenced George Titcomb
o two years Imprisonment on a 8
barge of assault with a deadly wea
'on. The prisoner has applied for a {
elease under a writ of habeas corpus.
n the ground that the verdict of the 6
1ry was contrary to the charge al
eged in the indictment. The writ is |
eturnable this morning before Judge
r
THURSDAY, March 30.
A bill in Equity has been filed in
ne Circuit Court by May Kaleialii
1r herself and for Daisy Caroline i
nd Robert McKeague, minors,
gainst III. s. Grinbaum & Co. The I
i'll asks for the declaration of a
'ust as to $1,000 alleged to be held 7
= the defendants for the benefit of
AT CHAMBERS-WHITIEG,J J..
In the matter of the estate of Will
am Henry Hasper, late of Kauai
etters of administration. Granted