The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-22
IN THE SUPREME COURT OF THE
TERRITORY OF HAWAII-OC-
TOBER TERM. 1905
AMENDMENTS OF RULES /. ,. 8. s.
IL AND II.

| go" E1-N LINEN / = ot XII LES /, :, . ,,
| IL AND Il.
Rule l is amended so as to read as
follows:
t.'E ENTRY OF CASES ON CALEN-
OAR.
I. The clerk. shall place upon the
calendar each case brought to or pend
ing in this court in its proper chro-
nologicaI order and forthwith give no.
tice thereof to the parties.
p IF the necessary papers are not
filed in this court within twenty days
after the issuance of a writ of error,
perfecting of an appeal or allowance
OF a bill of exceptions such further
time as may be allowed by this court
or justice thereof the appeal may
! be dismissed for want of prosecution.
: Failure of the stenographer TO furnish
a transcript of the evidence shah not
excuse delay unless within ten days
after the filing of the decree, judg-
/ ment or verdict sought to be set aside
| the appellant shall have obtained from
! the lower court or judge a direction
/ to the stenographer to prepare and
furnish the desired transcript in the
! regular order OF cases tried or in such
other order as the court or judge shall
direct which direction may be condi-
| toned on the appellants making a
deposit or giving security for the esti-
| mated cost of the transcript"
Section l of Rule is amended so as
to read as follows:
q. Cases viii be called for argu-
ment or trial in the order in which
they stand on the calendar except as
hereinafter provided or otherwise or
dered. Sessions viii be held begin
ming on the first Monday of each
month during the term unless other
wise ordered"
Sections /, and 3 of Rule are
amended so as to read as follows:
Il Within fifteen days after an APP
peal case has been placed on the
calendar the appellant shall file a
printed or typewriter brief and two
copies thereof and a certificate of ser
vice of a copy thereof upon sthe APP
pellee.
-. Within ten days after receipt of |
a copy of the appellants brief the ap- |
pellee shall file a printed or type |
written brief and two copies thereof |
and a certificate of service of copy
thereof on the appellant.
80. Within five days after receipt of |
a copy of the appellee's. brief the APP |
pellant may file brief confined strict
ly to matter in reply to the appellee's |
brief"
Rule 8 is amended so as to read as
follows:
So. APPEAL, ERROR AND EXCEP-
TIONS FROM CIRCUIT COURTS
AND CIRCUIT JUDGES.
81. On appeal, error or exceptions
|
no original papers other than bills of
exceptions, transcripts of evidence and
exhibits, shall be transmitted to this
a justice thereof. Original transcripts
and exhibits may be returned to the
circuit court or judge upon the deter
mination of the case in this court UNI
less otherwise ordered. Copies of
papers shall be printed or typewriter
and certified.
SO Bills of exceptions shall contain
only such papers and statements as
are necessary for the disposition of
the questions of law raised by the ex-
ceptions. No papers shall be made
part thereof by reference unless
specifically named
Rule II is amended SO as to read as
follows:
al. MANDATE.
"whenever appropriate upon the de-
of matter in this court
a notice or mandate shall be issued to
the court below informing that court
of the proceedings in this court or
directing further proceedings in that
court as to law and justice may APP
pertain. The notice or mandate may
issue at any time on the order of the
court or justice thereof, but, I'M
less otherwise ordered by the court
or a Justice thereof, it shall issue as
of course after ten days from the rem
dition of judgment"
Rule IA is amended so as to read as
follows:
IA APPEALS FROM DISTRICT
COURTS. Il
District Magistrates in all cases in
which appeals have been taken and
perfected from them to the Supreme
Court shall forward without delay to
the Clerk of the Supreme Court a GER
tifcate of appeal. stating the nature
of the action. the decision made and
the points of law upon which the APP
peal is taken; also, the summons or
warrant all vouchers and exhibits
fled or certified copies thereof, and
a transcript of the testimony; also,
all costs paid by either party to the
action with a clear and itemized
statement showing by whom, and the G
purpose for which, each amount is /
paid, keeping back nothing but statu- c
.ory fees and mileage, and stating ex- c
olicitly what is kept back. g
By the Court,
GEORGE LUCAS.
Clerk.
yr.,., vr III ,faxoL 81 ions :