The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-05
AS TO GRIMES
in TERRITORY

Representative A. G. NJ. Robertson, Re.
publican member of the House from Ho.
nolulu. yesterday introduced the follow.
ing bill which was read for the first tina
and ordered printed:
An Act Relating to Practice and Proceed
ure in Criminal Cases and Amending
Sections l. 2 8, and of Chapter XII
OF the Session Laws of 1876.
Be 1t Enacted by the Legislature of the
Territory of Hawaii:
Section l. That section l of said chap
ter is hereby amended SO as to read as
follows:
Sec. l. In all cases of offenses against
the laws of this Territory, triable in the
first instance by a court of record the
accused shall be arraigned and prosecut-
, ed by an information or indictment by
legal prosecutor of the Territory, as soon
after the commitment of the offense oil
/ which he is accused, as may be eXpe-
dient; provided, always. that the presen-
tation of an information or indictment
against the accused shall not be deferred
beyond the term of the court having
Jurisdiction of the alleged offense next
succeeding the commitment of the accus'
ed for trial by Judge or Magistrate
having competent jurisdiction therefor
and in case such presentation is made
without such previous commitment Inc
same shall not be deferred beyond the
term of the court next succeeding the
arrest of the accused"
Sec .. That section 2 of said chapter
is hereby amended so as to read as fol-
lows:
"Sec. 3. The necessary information
and indictments shall be duly prepared
by legal prosecuting officer. and IN
dictments shall be duly presented to the
Grand Jury before the arrangement OF
the accused, and each Indictment when
found shall be endorsed a true bill and
such endorsement shall be signed by the
foreman"
Sec. 3. That section OF said chapter
Is hereby amended so as to read as tol-
lows:
Sec g. The failure to prosecute upon
an information or indictment at the term
at which presentation thereof against the
accused is required by section / OF lN'S
chapter, unless the venue be changed VI
unless the cause be postponed by INV
Court or a failure to sustain the iulor
nation or indictment upon the law "
volved, or a verdict of not guilty by the
jury, or the successive disagreement Oh
two juries impanneled to try the cause
shall operate as an acquittal of the as
cused, and the Court shall order ms u'S
cargeh from custody"
Sec. 4. That section 4 of said chaplT'
is hereby amended so as TO read as ioF
lows:
Sec. T. The Attorney General or 'ne
sheriffs respectively on the several en-
cults shall furnish to the clerk OF III,
court three days before the first DAY ..
the term a full list of all criminal caseS
then known to him or them to be VI
able by jury at such term, that the ca'-
endar NAV be made up."
Sec. s. In criminal cases triahle IN NV
first instance by a court of record put J"
which the accused may be held to ahs"s,,
without a presentment or indictment y,
Grand Jury, the legal prosecutor MAJ
arraign and prosecute the accused Dy a.
Information or indictment at his eiecuUn,
and in all criminal cases triable IN nv
first instance by court OF record u"
may arraign and prosecute the accuse
by information or indictment, as the 'as'
may be, whether there has been pr
vious examination or commitment 'o'
trial by a Judge or Magistrate or not
Sec. g. Chapter XII of the Session Law
of 1876. entitled IAN Act to Regulate lnT
Practice and Procedure In GRIM , na,
Cases." and all other provisions o. TO-, To-
applying to prosecutions upon HUN.
ments. to writs and process therein a.o
the issuing and service thereon, 10 Nv
lions, pleadings, trials and punlshliIe. ~
or the execution of any sentence nn,,,t
all other proceedings in cases or lnu..l
mept. whether in the court OF orls'n no,
or appellate Jurisdiction, shall IN
same manner and to the same extern
near as may be, apply to informa giUn
and all prosecutions and proceeu'"H-
thereon. ,,,,o,
Sec. Z This Act shall take effect up'"
the day of its approval.