The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-23
IN THE SUPREME COURT OF THE
TERRITORY OF HAWAII-oC-
IOBER TERM. 1905.
AMENDMENTS OF RULES /. . 3. S
Il AND Ii.

Rule is amended so as 10 read as
follows:
/ OAR.
| 4 The clerk shall place upon the
calendar each case brought 10 or pend
ing in this court in its proper chro-
biological order ana forthwith give no.
tee thereof 10 the parties.
2. If the necessary papers are NOT
Med in this court within twenty DAYS
after the issuance OF a writ of error,
perfeeting of an appeal or allowance
OF bill of exceptions or such further
time as may be allowed by this court
or a justice thereof the appeal may
be dismissed for want of prosecution.
Failure of the stenographer TO furnish
transcript of the evidence shall not
excuse delay unless within ten days
after the filing of the decree. judg-
hent or verdict sought TO be set aside
the appellant shall have obtained from
the lower court or judge a direction
To the stenosrapher 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 OF giving security for the esti-
mated cost of the transcript"
Section 1 of Rule , is amended so as
to read as follows:
I. Cases will 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 will be held begin
ming on the first Monday of each
month during the term innless other
wise ordered
Sections 1, and 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 the APP !
pellee.
- Within ten days after receipt of |
a copy of the appellants brief the APP
pellee shall file printed or type
written brief and two copies thereof |
and a certificate of service of a copy
thereof on the appellant.
SO. Within five days after receipt of
a copy of the appelee's brief the APP
pellant may file a brief confined strict
ly to matter in reply to the appellee's
brief"
Rule is amended so as to read as
follows:
g. APPEAL, ERROR AND EXCEP-
TIONS FROM CIRCUIT COURTS
AND CIRCUIT JUDGES.
81. On appeal, error or exceptions
from circuit court or circuit judge,
no original papers other than bills of
exceptions, transcripts of evidence and
exhibits, shall be transmitted to this
court unless by order of the court or
1 justice thereof. Original transcripts
and exhibits may be returned TO the
circuit court judge upon the deter
of the case in this court un-
ess otherwise ordered. Copies of
papers shall be printed or typewriter
md certified.
80 Bills of exceptions shall contain
,nly such papers and statements as
ire necessary for the disposition of
he questions of law raised by the ex-
.eptions No papers shall be made a
,art thereof by reference unless
pecifically named"
Rule IL is amended so as to read as :
ollows:
III. MANDATE.
whenever appropriate upon the de-
of a matter in this court :
notice or mandate shall be issued to
he court below informing that court
# the proceedings in this court or
Erecting further proceedings in that
curt as to law and justice may APP
ertain.- The notice or mandate may .
Ssue at any time on the order of the
curt or a justice thereof, but, un
ess otherwise ordered by the court
r a justice thereof, it shall issue as
f course after ten days from the rem
ition of judgment.
Rule IA is amended so as to read as
olloWs:
IA APPEALS FROM DISTRICT
COURTS.
District Magistrates in all cases in
hitch appeals have been taken and q
from them to the Supreme
curt, shall forward without delay to :
he Clerk of the Supreme Court GER : !,
fcate of appeal, stating the nature =
f the action. the decision made and
ne points of law upon which the ap-
cal is taken; also, the summons or
all vouchers and exhibits
led or certified copies thereof, and
transcript of the testimony; also,
Il costs paid by either party to the
elton, with a clear and itemized
-atement showing by whom. and the
urpose for which. each amount is L
aid. keeping back nothing but statu- e
,ry fees and mileage. and stating ex- o
icitly what is kept back.
BY the Court, +
GEORGE LUCAS. p
Clerk. il
Honolulu, T. H. March 81, 1906. V