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filing or allowance of such exceptions, but the verdict shall be received and such further proceedings shall be held in the case as the Court may order, in pursuance of the foregoing provisions.
Section 16. There shall be four several terms of the Supreme Court held in each year, commencing as follows, viz: on the first Mondays of January, April, July and October; which said terms shall respectively be called the January, April, July and October terms of the said Court. The Court may, however, hold special terms at other times, whenever it shall deem it essential to the promotion of justice.
Section 17. The four regular terms shall be held at the Court House in the city of Honolulu. Provided always, that the King may, in case he shall deem it requisite, by reason of war, pestilence or other public calamity, or the danger thereof, order the same to be held at a different place, and it shall be so held, until the order is revoked or a new place appointed. The several terms may be continued and held for the period of four weeks from the commencement thereof.
SECTION 18. When neither of the Justices of the Court is present at the time and place for holding a Court, 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.
SECTION 19. In case of the absence or sickness of the Chief Justice, or of a vacancy in that office, all the duties thereof, both at Chambers and in banco, shall be performed, during such absence, sickness or vacancy, by the Senior Justice, or such other Justice as the King may appoint for the time.
SECTION 20. The Chief Justice of the Supreme Court shall receive an annual salary of five thousand dollars, and each of the Associate Justices shall receive an annual salary of two thousand dollars, and the said salaries shall be paid in monthly payments, out of the Treasury of the Kingdom.
OF THE CLERK OF THE SUPREME COURT. SECTION 21. The Clerk of the Supreme Court shall be appointed by the Justices thereof, and hold his office during their pleasure. He shall have charge of the seals of the Court, which shall be impressed on all process of said Court. He shall have power to issue process in all suits and matters brought before the Supreme Court, or before the Chief Justice or any Associate Justice thereof at Chambers. He shall also have power to administer oaths, to take the deposition of witnesses, to assess damages upon notes, bonds, bills of exchange, orders and other liquidated obligations in all cases in which default shall have been made, and all other powers and duties in relation to the drawing of jurors, and in all other matters which pertain to the office of the Clerk of the Superior Court, and are necessary to the proper transaction of the business of the Supreme Court.
Section 22. He shall be sworn to the faithful discharge of all the duties of his office, by one of the Justices of the Supreme Court; and before entering on the performance of such duties, shall give a bond to the Minister of Finance, to be approved by the Chief Justice, in the sum of one thousand dollars, with one or more sufficient sureties, conditioned for the faithful discharge of all his official duties.
Section 23. He shall attend and record the proceedings of the Court, and have the care and custody of all the records, books and papers, appertaining to his office, and filed or deposited therein.
Section 24. In equity, admiralty or maritime cases, and in all matters heard before any Justice at Chambers, the Clerk shall record at length such part only of the proceedings as shall be directed by the Court, either by general rules or by a special order of one of the Justices in any particular case.
Section 25. He shall keep in every book of records an alphabetical list of all the names of all parties to any suit or judgment therein recorded, with a reference to the page where it is recorded; and when there are several persons, either plaintiffs or defendants, the name of every person, with a like reference, shall be inserted in its appropriate place in said Jist.
SECTION 26. The Justices of the Court shall inspect the doings of the Clerk, from time to time, and see that the records are made up
seasonably, and kept in good order; and if the records are left incomplete for more than twelve months at any one time, such neglect, unless caused by sickness or other good reason, shall be adjudged a forfeiture of the Clerk's bond.
SECTION 27. The Clerk shall exhibit the records of his office at every January term to the Justices, and at such other times as the same may be required by any Justice, so that the Court may have notice of any errors or defects in the keeping of the records, and may cause the same to be corrected.
Section 28. In case of the death of the Clerk or his absence from any Court which he is required to attend, the Court shall appoint a Clerk pro tempore, to act as Clerk of the Court, until the standing Clerk shall resume the discharge of his duties, or until another shall be appointed by the Court.
Section 29. Such temporary Clerk shall be sworn to the faithful discharge of his duties; and he shall receive for his services such compensation as the Court shall think proper, to be paid either from the appropriation for the standing Clerk or from the Public Treasury, as the Court may direct.
Section 30. All Clerks of Courts shall keep exact accounts of all costs and fees received by them in their respective offices; and they shall render quarterly accounts of the same to the Minister of Finance.
SECTION 31. The Clerk of the Supreme Court shall receive an annual salary of fifteen hundred dollars, which shall be paid in monthly payments out of the Treasury of the Kingdom.
OF THE CIRCUIT Courts.
Section 32. The Kingdom shall continue to be divided into four Judicial Districts or Circuits, as at present constituted, that is to say:
The first district shall consist of the island of Oahu, whose seat of justice shall be at Honolulu:
The second district shall consist of the islands of Maui, Molokai, Lanai and Kahoolawe, whose seat of justice shall be at Lahaina, on the island of Maui:
The third district shall consist of the island of Hawaii, whose seat of justice shall be at Hilo:
The fourth district shall consist of the islands of Kauai and Niihau, whose seat of justice shall be at Nawiliwili, on the island Kauai.
Section 33. The terms of the Circuit Courts shall be held at the times and places at present appointed by law; and the proceedings therein shall continue to be those already precribed.
Section 34. The several Circuit Courts shall continue to have all the powers and exercise the jurisdiction which belong to the Circuit Courts at the present time, together with all additions or limitations that may be created or imposed by the Constitution and laws of the Kingdom.
Section 35. The Circuit Judges shall have power in their respective districts to try all appeals made to them by any party from the decision of any District or Police Justice within their jurisdiction; and shall possess all the powers and exercise all the jurisdiction that now belong to the Local Circuit Judges at Chambers or in banco.
Section 36. It shall be the duty of one of the Justices of the Supreme Court to attend and preside over each term of the Circuit Courts; and the expenses of any Justice of the Supreme Court, in attending, holding and returning from any such Courts, shall be paid from the annual appropriation for the expenses of said Courts.
Section 37. If one of the Justices of the Supreme Court shall fail to attend any Circuit Court at the time at which it is appointed to be held, the Sheriff or some Circuit Judge shall open the Court and adjourn the same, from day to-day, and if the said Justice shall not attend before ten o'clock of the third day, such Circuit Judge or Sheriff shall adjourn the Court without day.
Section 38. All persons bound to appear at any Circuit Court, which shall have failed, as mentioned in the last section, shall be bound to appear at the next term of said Court.
SECTION 39. The Clerks of the several Circuit Courts shall be appointed by the Justices of the Supreme Court, and hold their offices during their pleasure. They shall severally have the charge of the
seals of their respective. Courts, and shall have power to issue all writs and processes required by the practice of their respective Courts.
Section 40. The said Clerks shall attend all the said Courts held in their respective circuits, and record their proceedings, and shall have the care and custody of all records, books and papers, appertaining to their respective offices, and filed and deposited therein.
SECTION 41. The Clerks of the several Circuit Courts shall each be sworn to the faithful discharge of their duties, and give a bond to the Minister of Finance, to be approved by the Chief Justice of the Supreme Court, in the sum of five hundred dollars, with one or more sufficient sureties, conditioned for the faithful discharge of his official duties.
Section 42. Each Circuit Court Clerk shall keep an exact account of all fees and costs received by him, and shall quarterly render a faithful account of the same to the Minister of Finance.
Section 43. In keeping their records, they shall be governed by the rules prescribed in this Act for the Clerk of the Supreme Court.
Section 44. The present Clerks of the Circuit Courts shall continue in office until others are appointed in their stead.
Section 45. The seals of the several Circuit Courts shall be those already devised and now in use by said Courts.
Section 46. Each Circuit Judge, when there is only one in a Circuit, shall receive an annual salary of fifteen hundred dollars, and shall make a regular tour of his Circuit at least twice every year for the trial of appeals at Chambers; and each Circuit Judge, when there is more than one in the circuit for which he is appointed, shall receive an annual salary of eight hundred dollars; which salaries shall be paid by monthly payments out of the Treasury of the Kingdom.
OF THE POLICE AND District Justices' COURTS. Section 47. The Police and District Justices Courts shall continue as at present constituted, and shall have all the powers they now possess, and be subject to all the duties and obligations now resting upon them, with all additions and limitations imposed by the Constitution.