the consent of a duly authorized prosecuting officer, to be tried therefor in the district where he was arrested. Their criminal jurisdiction shall be coextensive with the judicial circuit in which their respective districts are situated for the purpose of the arrest, examination, commitment, and enlargement of parties accused, the issue of search warrants according to law, and to compel the attendance of witnesses.

§586. Every district magistrate shall have power to issue a warrant for the arrest and examination of any person charged with an offense not within his jurisdiction, where the party accused is resident, or for the time being is found within his district, and upon satisfactory evidence of the probable guilt of such person to commit him to prison for trial at the ensuing term of the circuit court of the island.

§ 587. The circuit judges shall have power to countersign the warrant of any district magistrate within their respective circuits for the apprehension of any offender who may have fled beyond the limits of the district where the warrant may have been issued, and such warrant so countersigned may be served anywhere within the judicial circuit where the same may have been issued.

§ 588. The district magistrates shall in like manner be empowered to countersign the warrant of arrest for any offender which may have been issued by any other district magistrate within the same judicial circuits, provided said offenders be found within the district of the judge so countersigning said warrant.

$589. The criminal jurisdiction of the district magistrates of Lihue, island of Kauai; Honolulu, island of Oahu; Wailuku and Lahaina, island of Maui; Hilo, Hamakua, North Kobala, and North Kona, island of Hawaii, over all offenses which are within the jurisdiction of district magistrates according to law, shall be, and hereby is, made coextensive with the judicial circuits in which their respective districts are situated.

§ 590. Whenever any warrant of arrest has been issued by any court of competent jurisdiction, and the accused party shall escape beyond the jurisdiction of such court, it shall be lawful for the officer to whom such warrant shall have been directed to pursue and arrest such accused party in any part of the Territory, provided that the warrant shall be first endorsed with proper words of authority from some circuit judge or district magistrate in the island where the actual arrest shall be made.

§ 591. Any officer authorized to serve warrants at the place of arrest may also serve any warrant endorsed as aforesaid.

§ 592. The supreme court may from time to time, by general rules, prescribe forms for carrying sections 590 and 591 into effect, and make all other needful regulations.

§ 593. The expenses of serving such warrant shall be adjusted by the court originally issuing the warrant, and accounted for out of any fines and penalties in its possession.

$594. The several district magistrates throughout the Territory shall have jurisdiction to hear and determine, subject to appeal, all complaints for any violation of the license laws, without limit in respect to the amount of penalty to be imposed for such violations. [§ 595.]

PART II.-CRIMINAL JURISDICTION OF CIRCUIT Courts.

§ 596. The several circuit courts shall have jurisdiction, but subject to appeal and exceptions to the supreme court, according to law, as follows:

First. Of all offenses and crimes cognizable under the authority of the

Hawaiian laws committed within their respective circuits, or transferred to them for trial by change of venue from some other circuit court.

Third. Of causes, civil or criminal, which may properly come before them on appeal from any other court according to law.

§ 597. The judges of the several circuit courts shall have power, in chambers, within their respective jurisdictions, but subject to appeal to the circuit and supreme courts according to law, as follows:

Tenth. To enlarge on bail persons rightfully confined in all bailable

cases.

Twelfth. To issue warrants for the apprehension in any part of the Territory of any person accused under oath of a crime or misdemeanor committed within his jurisdiction, and to examine and commit such person to prison according to law, for trial.

$598. All defendants in criminal cases bound to appear at any circuit court which shall have failed to hold its term under the provisions of section 1160 of the Civil Laws, shall be bound to appear at the next term of said court.

$599. The judges of the several circuit courts of the Hawaiian Islands shall have power in chambers to issue warrants for the arrest, in any part of the Hawaiian Islands, of any person accused under oath of a crime or misdemeanor committed in any part of the Hawaiian Islands, and to examine and commit such accused person for trial before the circuit court of the circuit in which the warrant is issued, or before any other circuit court of the Hawaiian Islands.

§ 600. The several circuit courts of the Hawaiian Islands are hereby given jurisdiction of all criminal cases that may arise in any part of the Hawaiian Islands.

§ 601. The circuit judges shall severally have power to issue warrants for the apprehension within their respective circuits of any person accused under oath of a crime or misdemeanor, and to examine and commit such person to prison for trial, to fix bail, and generally to do and perform the duties of a committing magistrate.

[PART III.]
[§§ 602-605.]

NOTE TO CHAPTER 52.

PART I.

584 is S. L. 1896, act 40, §1. 6585 is S. L. 1892, ch. 57, § 11. § 586 is C. L., §917. $587-588 are S. L. 1860, C. L., p. 504; P. C., ch. 52, §5-9. § 589 is S. L. 1896, act 41. §§ 590–593 are S. L. 1868, C. L., p. 505. §594 is P. C., ch. 52, § 9.

PART II.

§§ 596-597 are extracts from S. L. 1892, ch. 57, §§ 36–37. §598 is S. L. 1892, ch. 57, § 47. §§ 599–600 are P. G., act 76. § 601 is S. L. 1888, ch. 52.

PART III.

Territorial jurisdiction; see also P. L., § 620 et seq.

For matters of jurisdiction common to both criminal and civil procedure, see Civil Laws, chapters 79 and 80.

§ 590 does not apply to desertion of husband or wife; see P. L., § 855.

P. C., ch. 52, 2-4, are omitted, as they appear elsewhere in P. L.

Cases in Hawaiian Reports: Queen v. Young Quai, 8 Haw., 283.

CHAPTER 53.

CRIMINAL PROCEDURE.

PART I. CRIMINAL PROCEDURE IN DISTRICT Courts.

§ 606. Upon complaint made to any district magistrate of the commission of any offense within the jurisdiction of such magistrate to hear and determine, he shall examine the complainant on oath, shall reduce the substance of the complaint to writing and cause the same to be subscribed by the complainant, and if it shall appear that such offense has been committed, the said magistrate shall issue his warrant, reciting such complaint, and requiring the chief sheriff or other officer to whom it is directed (except as provided in the next succeeding section) forthwith to arrest the accused and bring him before such magistrate to be dealt with according to law; and in the same warrant may require the officer to summon such witnesses as shall be named therein to appear and give evidence at the trial. Such warrant may be in the following form:

island of

To any constable of the district of You are hereby commanded, on the information of by oath, forthwith to arrest and take the body of

9

accused

A. D.

of if he can be found, and forthwith have his body before me at the district court room of the said district, at any time between the hours of a. m. and p. m. of the day of (to answer to the said accusations, or to show cause why he should not be committed for trial at the circuit court of the judicial circuit). And you are also commanded, having arrested the said to summon as witnesses of accusation to make due return of your proceedings upon this writ. Given under my hand this

day of

if they can be found, and

A. D. —.

District Magistrate of ·

§ 607. Where, from such complaint, it shall appear to such magistrate that the offense charged therein is not of a serious nature, or not one for which a severe penalty should be imposed, and where the person complained against is so situated as to raise no presumption of his attempting to elude justice in the premises, such magistrate may, in his discretion (unless the complainant shall, in writing, request the immediate arrest of such alleged offender), issue his summons, wherein shall be recited the substance of such complaint, commanding such alleged offender to appear before him upon a time to be therein stated, not less than twenty-four hours from the time of service of summons, and then and there to answer such charge. Such summons shall contain a warning to the person summoned that failure to obey the same will render him liable to attachment for contempt.

§ 608. Such summons shall be served by handing the accused a copy thereof, and showing him the original, or, if he can not be found, by leaving such copy, during business hours, at his usual place of business or employment, or by leaving such copy at his place of residence, at any reasonable hour, in charge of some person of discretion. Should the alleged offender fail to appear at the prescribed time and place, after having been so summoned, he may be attached for contempt and dealt with accordingly.

§ 609. Such magistrate may, for any cause which shall appear to him to be sufficient, at any time after the issue of such summons, and by virtue of the complaint therein contained and recited, issue his warrant for the immediate arrest, upon such charge, of the person so summoned.

COMMITMENT.

§ 610. In all cases of arrest for crimes or misdemeanors cognizable before a jury, the magistrate in whose jurisdiction or on whose warraut the accused was arrested shall, upon the appearance of the accused, proceed to consider whether there is probable cause to believe that a jury would, upon the evidence adduced, convict the accused of the offense with which he is charged, he shall reduce to writing the sub stance of the evidence adduced, with the names of the witnesses; and if, in his opinion, the testimony do not warrant commitment for trial, he shall release the prisoner, noting that fact upon his docket; but if, in his opinion, there is probable cause to believe that conviction would take place before a jury, he shall make out and deliver to a constable a mittimus, which may be in the following form:

It appearing to my satisfaction that there is reason to believe that who was arrested for on the information of 9 (or otherwise, as the case may be), would be convicted upon indictment for the said offense:

You are commanded to deliver him, the said to the sheriff of the island of · —, or his deputy, who is hereby authorized to commit him to the jail of the said island, for trial at the circuit court of the - judicial circuit, and have you then there this writ with full return of your proceedings thereon. Given under my hand this

day of

A. D.

In case of such commitment for trial, the committing magistrate shall forward without delay to the attorney-general a transcript of the evidence upon which the commitment is founded.

PROCEDURE AGAINST CORPORATIONS.

§ 611. Upon an information or presentment against a corporation, the magistrate must issue a summons signed by him, with his name of office, requiring the corporation to appear before him, at a specified time and place, to answer the charge.

§ 612. The summons must be served by delivering a copy thereof, and showing the original to the president or other head of the corporation, or to the secretary, treasurer, or managing agent therefor.

§ 613. At the appointed time in the summons the magistrate shall proceed to hear and try the case as in the case of a natural person.

§ 614. When a fine is imposed upon a corporation on conviction it may be collected by virtue of the order imposing it, by the chief sheriff or his deputy, or the sheriff or his deputy, out of the real and personal property of such corporation, in the same manner as upon an execution in a civil action.

PART II.—OF THE TIME FOR PRESENTING INDICTMENTS.

§ 615. In all cases of offenses against the laws of this Territory, triable only by a court of record, the accused shall be arraigned and prosecuted by an indictment by a legal prosecutor of the Territory, as soon after the commitment of the offense of which he is accused as may be expedient: Provided, always, That the presentation of an indictment against

an accused shall not be deferred beyond the term of the court having jurisdiction of the alleged offense next succeeding the commitment of the accused for trial by a magistrate having competent jurisdiction therefor. And the trial shall then and there be proceeded with, unless the same shall be postponed by the court as hereinafter provided.

§ 616. The necessary bills of indictment shall be duly prepared by a legal prosecuting officer, and be duly presented to the presiding judge of the court before the arraignment of the accused; and such judge shall, after examination, certify upon each bill of indictment whether he finds the same a true bill or not.

§ 617. The failure to prosecute upon the indictment, if found at the ensuing term of the court, unless the venue be changed, or unless the cause be postponed by the court, or a failure to sustain the indictment upon the law involved, or a verdict of not guilty by the jury, or the successive disagreement of two juries impanneled to try the cause, shall operate as an acquittal of the accused, and the court shall order his discharge from custody.

§ 618. The attorney general or the sheriffs on the several circuits shall furnish to the clerk of the court, three days before the first day of the term, a list of all criminal cases triable by jury at such term, that the calendar may be made up.

PART III.-DISCHARGE WITHOUT PROSECUTION.

§ 619. It shall be lawful for the attorney-general, in respect of any person or persons now or hereafter imprisoned under committal for trial for any offense, to grant at any time a certificate under his hand in the form following:

To the judge of the

of them:

circuit court of the Hawaiian Islands, or any

This is to certify that I decline to present an indictment against A. B., detained in the custody of the chief sheriff in the gaol at the warrant of C. D., esq., district magistrate of

of

Given under my hand this

under

་

-, upon a charge

circuit court, or any one of

Addressed to the judge of the

them; who shall thereupon, by warrant, under their or his hand, in the form following—

To

esq., chief sheriff of the Territory of Hawaii:

Whereas A. B. is detained in your custody under the warrant of C. D., esq., district magistrate of , upon a charge of — ; and whereas it has been certified to us (or me) by E. F., the attorneygeneral of the Territory, that he declines to present any indictment against the said A. B. for the said offense, you are therefore hereby authorized and required forthwith to discharge the said A. B. from your custody upon the said warrant. Given under our (or my) hand this

day of

Judge of the

18-.
G. H.,
I. K.,
Circuit Court.

order and direct the chief sheriff or gaoler in whose custody any such prisoner shall be immediately to discharge the prisoner therein men