Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-03-06
e. O. Hall s. Son, Ltd.
Law Of Contempt.

Law Of Contempt.
The Judiciary Committee to whom
was referred Senate Bill No. 50, beg
leave to report that this Act amends
section Is of chapter 20 of the Penal
Code, being Penal Laws, section PSI; |
repeats section 2 and 3 Of chapter AZ
of the Session Laws of 1888, and adds
a new section to chapter 29 covering
constructive contempt, and providing
that the particular circumstances OF
the offense of contempt shall be fully
set forth in the judgment, so that ev'
erything may appear in case Of appeal,
review. etc.
The amendment reduces the term OF
Imprisonment that may be inflicted by
the Supreme and Circuit Courts as fol.
lows:
In the Supreme Court from three
months to sixty days.
/ In the Circuit Court not exceeding
thirty days; under existing law it
might be sixty days.
As amended 1t also limits the terms
of Imprisonment to not later than the
expiration Of the time for which the
court or Judge or other person or trib.
unal imposing the fine could have sen.
fenced such person to Imprisonment
under the provisions of the section.
This act carries out one of the recon-
mendations of the Chief Justice and
was prepared by the Bar Association.
, We recommend its passage.
The report was adopted and the bill
ordered read third time tomorrow.
Guard anship.
The judiciary Committee to whom
was referred enate Bill No. GO, beg
leave to report that this Act amends
the law relating to guardians and
wards. and is a part of and following
out the recommendations of the Chief
Justice to the Legislature, was pre-.
pared by the Bar Association Commit.
tee on the subject of amendments
needed and necessary to existing laws.
We think the recommendations
, should be carried and recommend the
passage of the bill.
The report was adopted.
= Joint Tenancy.
( The Judiciary Committee to whom
, was referred Senate Bill No. "a to
abolish estates in joint tenancy and
. by entirety. except in cases where a
, contrary intention manifestly appears,
or in the case of grants and devisees
to executors or trustees, beg leave to
report that they have had the same un'
, der consideration. This bill is follow
} ing out the era of progress of the
5 present day in the ownership of real
= property and has the recommendation
}. of the Chief Justice and Bar Associa
2 ton.
$ We recommend the passage of the
E bill.
4 The report was adopted.
Three Bills Reported.
l. The JuuIciary Committee to whom
was referred Senate Bills Nos. 80,
o and 81 beg leave to report that the!
have had same under consideration.
These bills are some of those intro
n duced to carry out the suggestions o
l. the Chief Justice in his report to thu
l. Legislature, and are all necessary L
u carry out.
r Under existing law the terms "fel
s ony" and "crlme" are Synonymous, AM
e include all offenses punishable will
e death or more than two years impris
If onment and offenses where the penal
If ty is two years Imprisonment or IN
IS der a misdemeanor.
10 Act 80 uses the word or term "fe
'f ony" and defines It to be an offens
Ie punishable with death or imprlsor
k ment for a longer period than on
e year, and makes every offense not
1t felony a misdemeanor. This amend
'e ment will relieve the Grand Jury Of
It lot OF unnecessary work and expense
s. as offenses where the imprisonment /
less than one year can be heard befor
x the District Magistrates.
e We recommend Act 80 pass.
he Act 60 pertains to the waiver {
IL Jury in criminal cases other than cal
at ital cases. Under existing law sue
n right Is conferred in criminal cases o
In appeal from District Magistrates. TIL
I'd Chief Justice says the law now on Ii
X statute books is of doubtful constit
tionality and recommends that III
waiver of jury should be limited
to cases other than felony and not |
confined to cases appeal from the Di