The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-03-28
COURT MATTERS.

A decision has been filed by Judge
Whiting in the case Of the Queen vs..
An Hum. Defendant is charged
with violating Section 3, Chapter Il,
Laws Of 1886, by managing or CON
Quoting or assisting in managing or
conducting lottery known as che ia.
The offense was committed last July,
and on conviction in the Police
Court defendant appealed, and the
case came mp for hearing at the Feb
ruary Term Of the Circuit Court. On
February 23d defendant moved that
the charge against him be dismissed,
on the ground that there was no law
then in force under which be could
be convicted.
On February Doth the Lottery Act,
repeating part Of the Act OF 1886, was
published. 1t was repealed by the
Provisional Government on January
18th, or nearly q month before pub
LEGATION, and in March, Act q, to
prohibit gaming was passed and
published. The defendant contends
that the Lottery Act repealed tie
section Of the Act Of 1856, under
which defendant was charged, that it
| increases the punishment, and there
fore the application Of it to previous
| offenses would he ex post facto and
| unconstitutional, and that Section %
Of the Civil Code does not apply, az
it fails to provide that prosecution
may proceed under the old Act re
pealed.
Section % Of the Civil Code is IS
follows:
"SEc. 23-No snlt 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repealed, shall in any case be affected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-
PENDANTS motion for a discharge is
accordingly overruled.
IS THE SUPREME COURT
Antonio Firreira Serene has filed
an application for writ of manda-
mus against j. II. s. Kaleo. District
Magistrate of Hama, island Of Maui.
The petition sets forth that the peti-
toner was convicted Of selling liquor
without a 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.
III. S. Kaleo to certify up the appeal,
or to appear and show cause, II any
there be, for not doing so.
The petition is addressed to the
Hon. A. Z. Judd, Chief Justice OF the
Supreme Court, who has ordered
that the writ issue.
The case will come up for hear
ing this morning at 10 o'clock in the
Supreme Court.
In the matter OF the guardianship
of William Lindsey, of Ulupalakua,
Maui, the Court Cooper, j exam
ined the account of j. III. 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
from further responsibility in the
matter. Receipts were S1209.11, and
payments S1182.57. j. III. Monsarrat
for himself; the ward in person.
IN BASCO.
The Million Dollar suit came up
again yesterday. The re-argument
was made necessary, it is understood,
because counsel could not agree.