The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-04-21

that fifty dollar bond would be sufficient ON an appeal to the
Supreme Court but that hundred dollar bond ought be
required appeal a jury required appeals
from District Magistrates under the provisions of the preceding
(6S) and hence that the Legislature
intended the amended Section 900 to apply appeals Jury
But there provision for hundred dollar bond appeals
of this kind any indication of belief that bond of that
should be required On the contrary under both
Supreme Court Rule referred to and the original Section (69
the the bond these appeals fixed fifty dollars
1t appearing clearly have been the intention of the eg
atue that the provisions IN the amended section as to costs
and bond should apply appeals the Circuit Courts the
question the words of the Section capable of being
constued For if possible, the intention of the Legislature
should be given effect
If strike the words the Supreme Court except
in in which the appellant entitled appeal jury"
in the first of the amended Section have remaining
complete section providing for the procedure taking appeals
from orders and DEGREES of Judges chambers There would
then be merely question which the appeals
should be taken Other Acts he Act OF 1864 IN probate cases.
already provided in what the appeals might be taken
jury. All that necessary therefore in this Section
provide that other the appeals should be taken to the
Supreme Court Hence the insertion of the words ito the
Supreme Court except in IN which the appellant entitled
to appeal to a Jury These words off by
Commas often used in the of paenthees where
the parentheca character of the included
marked as to require parentees Substitute parenhecs
the mentioned and the meaning clear This would
show the meaning be substantially the it would be if
should insert the namely followed by comma,
the words (which appeals shall be taken before the words
ITO the Supreme Court In other words if take notice of
the after FChambers and regard the following
somewhat parenthea the Section may easily be
construed IN accordance with the manifest intention above re
feed to- In such the clause Except which the
appellant entitled to appeal jury modfes the clause
Ito the Supreme Court and the earlier clause beginning
with Appeas 1t would naturally modify the clause nearest
IL rather than remote clause See h'g Ferhdnde,
aw sos If the clause beginning with except preceded
the clause beginning with "Appeas, the meaning might be
contend The exception of in which appeals
NAV he taken to iur is an execution not TO cases in which
appeals allowed all in which they allowed
from orders of Judges chambers which they
allowed in the prescribed but to of these kinds
in which they allowed to the Supreme Court.
The intention of the Legislature being clear above pointed
out and the language of the statute though somewhat
bguous being capable of construction in accordance with that
Intention must hold that the provisions of the amended
Section (69) relating and bond apply appeal from
order Of Circuit Judge chambers when taken to the
Circuit Court sitting with jury we'll as when taken the
Supreme Court We may add that Circuit Judge Perry
the conclusion in decision filed in this upon
motion direct the into pending
the alleged appeal from the order admitting the will probate
The exception the order dismisng the appeal oveTued
Kinney G BaIOu and ". 4. Hc'shdU for contestants.
G. B30rn and j. T. De Bolt for the executor.