to attend such circuit court at the time at which it is appointed to be held, the sheriff, or some deputy sheriff, shall open the court and adjourn the same, from time to time, until the attendance of one of the said circuit judges, or until the time for holding such circuit court has expired; but no such adjournment shall be for a longer period than three days, unless there shall be on file with the clerk at the time of such adjournment a written order by the judge of such court fixing the day to which the court shall stand adjourned.

§ 1161. If no circuit judge shall attend any circuit court at the time which it is appointed to be holden, the sheriff may open court and adjourn the same from day to day, and from time to time, until the attendance of some circuit judge; but no such adjournment shall be for a longer time than three days, unless there shall be produced and recorded by the clerk, at the time of such adjournment, a written order by the chief justice of the supreme court fixing the day to which the said circuit court shall stand adjourned.

NOTE TO CHAPTER 80.

§§ 1135-1137 are S. L. 1892, ch. 57, §§ 29-30. §§ 1138 is S. L. 1895, act 6. §§ 1139, 1141 are S. L. 1892, ch 57, §§ 32-34. 1140 is S. L. 1898, act 2. § 1142 is C. L. § 875. §§ 1143-1145, 1148-1152 are S. L. 1892, ch. 57, §§ 35-44. § 1146 is S. L. 1898, act 56. § 1153 is S. L. 1892, ch. 36. §§ 1154-1156 are S. L. 1880, ch. 16, C. L. p. 254. 1157 is S. L. 1892, ch. 57, § 48. § 1158 is C. L. § 937. §§ 1159-1160 are S. L. 1892, ch. 57, §§ 45–46. § 1159A is S. L. 1898, act 67. § 1161 is S. L. 1868, C. L. p. 249.

Suits against the Hawaiian Government (§ 1144 par. 7), see §§ 1530-1538.

Cases in Hawaiian reports: Govt. v. Mossman, 9 Haw., 361; Re Matsuji, 9 Haw., 402; Re Aldrich, 9 Haw., 470; Govt. v. Tokiyi, 9 Haw., 551; Wailuku Co. v.Cornwell, 10 Haw., 476; Kona Coffee Co. v. Circuit Court, 10 Haw., 571; Byrne v. Allen, 10 Haw., 668.

CHAPTER 81.

THE SUPREME COURT.

§ 1162. The supreme court shall consist of a chief justice and two associate justices; provided, however, that the existing justices of the supreme court shall exercise their functions as justices of the supreme court under the provisions of this chapter according to their constitutional tenure of office.

§ 1163. The supreme court shall have the general superintendence of all courts of inferior jurisdiction to prevent and correct errors and abuses therein where no other remedy is expressly provided by law.

§ 1164. The supreme court shall have appellate jurisdiction to hear and determine all questions of law, or of mixed law and fact, which shall be properly brought before it on exceptions, error, or appeal duly perfected from any other court, judge, magistrate, or tribunal, according to law, or by reservation of any circuit court or judge; and original jurisdiction in all questions arising under writs of error, certiorari, mandamus, prohibition, and injunction directed to circuit courts, or to circuit judges, or to magistrates, or other judicial tribunals, and returnable before the supreme court. The supreme court and the several justices thereof in aid of the appellate jurisdiction of the court shall have power to issue writs of mandamus, certiorari, prohibition, and habeas corpus, and all other writs necessary or proper to the complete exercise of the appellate jurisdiction of the court, and each of the justices shall have original jurisdiction and power to issue writs of habeas corpus and may make such writs returnable before himself or the supreme court or before any circuit court or any judge thereof.

$ 1165. The supreme court shall have the power to compel the attendance of witnesses and the production of books, papers, and accounts; to make and award all such judgments, decrees, orders, and mandates; to issue all such executions and other processes, and to do all such other acts and take such other steps as may be necessary to carry into full effect the powers which are or shall be given to it by law, or for the promotion of justice in matters pending before it.

5 1166. The several justices of the supreme court shall have the power to administer oaths, to issue writs of error to any inferior court of justice according to law, to issue writs of certiorari and mandamus to circuit courts and circuit judges, and to issue writs of prohibition and injunction to circuit courts and circuit judges and to parties litigant before such circuit courts and circuit judges; all of which writs shall be returnable before the supreme court.

5 1167. The supreme court shall hold four terms in each year, beginning on the third Mondays of March, June, September, and December; it may, however, hold special terms at other times whenever it shall be necessary to the promotion of justice; provided that it shall be deemed to be continuously in session, except on Sundays and legal holidays, for the issue and return of such writs and the hearing thereof, as are mentioned in section 1166; and such writs, should necessity require, may be issued on a Sunday or legal holiday.

§ 1168. The terms of the supreme court shall be held in Honolulu, island of Oahu; provided that the chief justice may, in case of war, pestilence or other public calamity, or the danger thereof, appoint a different place for the sitting of the court, pro tempore. The terms of the supreme court may be continued and held from the opening thereof, respectively, until and including the eighteenth day thereafter, Sundays and legal holidays excepted.

§ 1169. When neither of the justices is present at the time and place appointed for holding the court, whether at the beginning of a term or at any adjournment thereof, it shall be the duty of the clerk of said court to adjourn the same from day to day, until one of the justices shall attend, or until an order in writing shall be received from one of them respecting such adjournment.

$ 1170. Parties to causes pending before the supreme court shall be entitled to hearing before all of the justices thereof, and may not be compelled to go to trial before less than the full number thereof; provided, however, that if any justice of the supreme court shall be disqualified from sitting in any cause pending before the supreme court, or shall be unable to attend from sickness, accident, absence, or any other reason, his place for the trial and determination of such cause shall be filled by one of the circuit judges who has had no connection with the said cause, either as counsel or in his official capacity, or by any competent and disinterested member of the bar of the supreme court thereunto authorized by the written request of the remaining justices or justice. Any decision, judgment, order of the supreme court, decree made or process issued by such court so constituted, shall have the same force and effect as if it was made or issued by the supreme court sitting in full bench.

§ 1171. Upon all questions arising under the exercise of the jurisdiction of the supreme court, when argument of counsel may be desired or intended by the parties, or may be requested by the court, the court may order such argument to be had at any of the said terms. And after the argument of any cause, or when the same is submitted on briefs, if the court is of opinion that a certain point or legal proposi

tion is involved which is material to the decision of the case and which has not been raised or argued by counsel on either side, the case shall not be decided on such point or proposition until counsel for both sides have had an opportunity of arguing the same before the court.

§ 1172. The supreme court may, from time to time, make rules consistent with existing laws for regulating the practice and conducting the business of said court, and thereafter revise the said rules at its discretion; but in no case shall have power to impose costs not expressly authorized by law.

[§§ 1173-1178.]

TRANSLATION OF DECISIONS.

NOTE TO CHAPTER 81.

§§ 1162-1168 are S. L. 1892, ch. 57, §§ 49-55. § 1169 is C. L. § 844. § 1170 is S. L. 1896, act 12. §§ 1171–1172 are S. L. 1892, ch. 57, §§ 57-58. §§ 1173-1178 are S. L. 1890, act 53..

Cases in Hawaiian Reports: Estate Bishop, 5 Haw., 290; Re Military Act, 7 Haw., 769; Govt. v. Poor, 9 Haw., 220; Est. Banning, 9 Haw., 356; Byrne v. Allen, 10 Haw., 338.

CHAPTER 82.

CLERKS OF THE JUDICIARY DEPARTMENT.

§ 1179. There shall be a clerk of the judiciary department and as many deputy clerks as the business of the department shall require, whose salaries shall be fixed by the legislature. The clerk of the judiciary department shall be appointed by the justices of the supreme court, and shall be ex officio clerk of all the courts of record of the Territory, and as such may issue process returnable in all such courts. He shall have supervision and direction of the deputy clerks, but shall not be held responsible for their acts or omissions. He shall have charge of the records, moneys, and business in the central office, in Honolulu, and shall supervise and direct the mode of keeping accounts and records.

There shall be two or more deputy clerks appointed for the first circuit by the circuit judges thereof and the justices of the supreme court, who shall be clerks of the suprenre court and the circuit court of the first circuit. There shall also be one deputy clerk appointed for each of the other circuit courts by the respective circuit judges thereof. All clerks shall be liable to removal for inefficiency or misconduct by the justices of the supreme court, and the deputy clerks appointed to the circuit courts shall also be liable to removal by the respective judges of such courts.

§ 1180. The clerk and each of the deputy clerks shall give a bond to the treasurer for the faithful performance of his official duties, the amount and sufficiency of which shall be approved by the chief justice. The clerk shall have supervision and direction of the deputy clerks, but shall not be held responsible for their acts or omissions.

§ 1181. The clerk shall have charge of the records and business in the Honolulu office; one deputy clerk shall be assigned to each circuit judge of the first circuit, and there shall be one or more deputy clerks assigned to each of the other circuit courts. The clerk may temporarily assign to any deputy clerk, with the consent of the circuit judge of the circuit to which such deputy clerk is permanently assigned, any clerical duties in any other circuit than the one in which he is located. § 1182. The clerks of the courts of record of the Territory shall have

power to issue process, administer oaths, take depositions, tax costs, and perform all other duties pertaining to their office. They shall also be ex officio masters in chancery. A clerk shall attend and record the proceedings at all sittings of courts of record, and in proceedings before a circuit judge in chambers shall, if there is no official reporter in attendance, record the oral evidence adduced when so required by the judge.

§ 1183. The several clerks of the judiciary department shall have the custody of all records, books, papers, money, and other things pertaining to the courts where they are assigned for duty. The records of the supreme court and the circuit court of the first circuit shall be kept at the Honolulu office. The records of the other courts shall be kept at such places as the judges of those courts shall direct.

§ 1184. The clerk shall supervise and direct the mode of keeping accounts and records. Deputy clerks, stationed outside of the first circuit, shall report to the Honolulu office the amount and nature of the business done in their respective courts, in manner and form as directed by the clerk. There shall be kept in the Honolulu office proper registers and indexes of the business of all the courts of record of the Territory, and each court of record outside of Honolulu shall have proper registers and indexes of its business kept with its records. § 1185. Each court of record shall have a seal, which shall be in the custody of the clerk of such court, and shall be impressed upon all processes and official certificates, accompanied by the clerk's official

attestation.

§ 1186. All courts, not of record, in the Territory, shall send to the clerk at stated times, in such manner and form as he shall direct, detailed statements of the money collected or disbursed by them. The clerk shall personally, or by one of the deputy clerks, inspect from time to time the manner in which the records and accounts of all the courts of the Territory are kept, and make such changes and improvements therein as shall be necessary, and his reasonable traveling expenses for this purpose, when approved by the chief justice, shall be paid out of any appropriation of the judiciary department available therefor.

§1187. In case of the temporary absence or disability of any deputy clerk, or if the business of the department or of any court demands, the judge of such court may commission a deputy clerk for such temporary duty as may be required; and the salary of such deputy clerk, at a rate not to exceed one hundred dollars per month, and for a period not to exceed three months, may be paid out of any appropriation of the judiciary department available for running expenses.

[§ 1188.]

§ 1189. The clerk of the supreme court, his deputies, and the clerks of the several circuit courts are hereby authorized to tax costs in any case before either of said courts or at chambers or other department of the same. Such taxation shall be subject to appeal, as now provided by law with regard to cases at chambers or before a judge of either of said

courts.

§ 1190. Whenever either party shall desire to have the costs in any case taxed, notice of taxation of at least twenty-four hours shall be served upon the opposite party to attend before the clerk for that purpose.

§ 1191. Nothing herein contained shall operate to prevent the entry of judgment for costs, as at present accustomed, nor to deprive the judges of the right to tax costs, as now provided by law.

НА- -11

NOTE TO CHAPTER 82.

§§ 1179-1187 are S. L. 1892, ch. 57, §§ 59–67. §§ 1189-1191 are S. L. 1888, ch. 53. Cases in Hawaiian Reports: R. v. Kahele, 7 Haw., 388; Magoon v. Ami, 8 Haw., 193; Govt. v. Caecires, 9 Haw., 540; Re Wundenberg, 9 Haw., 681.

CHAPTER 83.

MASTERS IN CHANCERY.

§ 1192. The supreme court may appoint a suitable number of persons, besides the clerk of said court, to be masters in chancery, who shall hold office during the pleasure of said court.

§ 1193. The several masters in chancery shall take and subscribe an oath for the faithful discharge of the duties of their office, which oath may be administered by any justice of the supreme court.

$1194. They shall perform, under the direction of the supreme court, or of any justice thereof, all the duties which, according to the practice in chancery, appertain to the office, and as shall be assigned to them, and they shall be allowed therefor such fees as the court shall order.

§ 1195. Their fees shall be taxed with the other costs in the cause, and shall be eventually paid by such party, or in such manner as the court shall order.

§ 1196. Every master in chancery shall, upon his appointment, pay to the clerk of the supreme court a fee of ten dollars for the benefit of the public treasury.

NOTE TO CHAPTER 83.

§§ 1192-1196 are C. L. §§ 1075-1079.

CHAPTER 84.

ATTORNEYS AND COUNSELLORS AT Law.

§ 1197. The supreme court shall have power to examine and admit as practitioners in the courts of record such persons, being citizens of the United States, of good moral character, and having taken the prescribed oath of office, as said court may find qualified for that purpose.

§ 1198. Said practitioners shall be summarily amenable to the courts of record, and may be fined, imprisoned, or dismissed from the roll of practitioners, for satisfactory cause, upon the complaint of any party aggrieved by their malpractice, or for nonpayment of moneys collected by them for private parties, or for any deceit, or other gross misconduct.

§ 1199. They shall have the right to practice in all the courts of the Territory, and to appear therein as attorneys, counsellors, solicitors, or proctors, in behalf of third persons who may choose to retain them, for the prosecution or defense of actions, civil, criminal, or mixed; and shall be entitled to charge for their services the fees prescribed by law, which being taxed by any judge of the court, shall be added to the judgment and collected for their benefit.

§1200. No person shall be allowed to practice in any court of record in this Territory, or before a circut judge at chambers, unless he shall have been duly licensed so to do by the supreme court: Provided, That nothing in this chapter contained shall be construed to prevent any person, plaintiff, defendant or accused, from appearing in person before any court, or justice, and there prosecuting or defending his own cause, without the aid of legal counsel.