Year: 1876

! To consolidate and amend the law Of evidence


Be IT ENACTED by the King and the Leeisla
tive Assembly OF the Hawaiian Islands in the
Legislature of the Kingdom assembled.


Part LOT the Means Of Obtaining Evidence.


Section l. The clerks of the several Courts
OF Record shall issue to the Attorney General OF
TO the Marshal or TO any sheriff or deputy sheriff
and to any party plaintiff or defendant, in any
cause, civil or criminal depending before such
courts respectively or TO the counsel of such
pirtv. writs of subpoena for witnesses, in blank
that the names Of the witnesses to be summoned
may be inserted after the issuing of such writ.


Sec 2 Such wrts of subpoena shall be signed
by the clerk or his deputy, and impressed with
the seal of the court aud shall be obligatory up
on the Marshal and his deputies, aud upon the
parties actually served Herewith.


Sec. 3. Upon non-attendance OF witnesses
duly summoned. the serTice Of the writ being
proyed bv the oath of the officer who served the
same the court shall have summary power to
cause their attendance and to punish them for
contempt.


Sec. A. The Attorney General or the sheriff
on the several circuits may require of any Judge
of Court of Record, at Chambers. that wit
nesses material to the prosecution of any criminal
indictment preferred or about to be preferred, be
bound by recognizance to appear and testify at
the trial OF such Indictment or that such wit
nesses be committed to Jail for that purpose. and
it shall be lawful for the Judge, so applied to, to
make any such order.


Sec 5. No person shall be bound to attend
as a witness upon the trial of any civil cause, in
any Court Of Record, unless his travelling fees be
paid. or rendered to him at the time OF the SER
vice of the subpoena.


Sec 6. Witnesses in criminal cases, whether
for the prosecution or defence, shall not be en-
titled to any fees.


Sec. I. 1t shall be lawful for any Court of
Record, OF any Judge thereof in any action or
suit depending iu any such court, upon the ap-
plication OF any of the parties to such action or
snIt. to order q commission to issue for the ex-
animation of witnesses resiug in q foreign
country. or 10 some other circuit than that iu
which the cause is pending, upon oath by inter-
rogatories, or otherthewise, and by the same or
any subsequent order or orders to give all
such directions touching the time, place, and
manner Of such examination and all other mat
tiers and circumstances connected with such ex-
amnatons as may appear reasonable and just,
and il shall be lawful for every person authorized
to take the examination Of witnesses by any rule,
order. writ. or commission made or issued in
pursuance Of this Act. and he is hereby au-
thorized and required to take all such ex-
aminations.


Sec s. It shall and may be lawful for person
or persons to be named in any such rule or order
as aforesaid. for taking any examination in pur
suance thereof and he and they are hereby re-
cuned to make lif need be) q special report to
the court wherein the action shall be depending
touching such examination. and the conduct or
absence OF any witness or other person thereon,
or relating thereto, and the court out of which
the commission issued is hereby authorized to
institute such proceedings and makesuch order and
orders upon such report, as justice may require
and as may be instituted and made in any case of
contempt of that court.


Sec 9. The costs of every application for
any rule or order to be made for the examination
Of witnesses under any commission by virtue of
this Act and of the rule or order and proceed
ings thereupon, shall be costs 10 the cause unless
ortherwise directed either by the Judge making
such rule or order. or by the Judge before whom
the trial or enquiry of the cause may be had, or
by the court wherein the action shall be de-
pending.


Sec 10. Whenever by virtue Of this Act an
examination of any witness has been taken be-
fore Judge Of Court OF Record, or before the
clerk or deputy clerk thereof. or any other per-
son or persons as aforesaid. the depositious
taken down by such examiner shall be returned
to and fled and kept 10 the Office Of the clerk Of
the court from which the commission issued, and
Office copies of such depositions may be given
out to either party.


Sec. IL. No examination or deposition to
be taken BY virtue of this Act. shall be read in
evidence without the consent Of the party