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OF HIS MAJESTY
KING OF THE HAWAIIAN ISLANDS,
PASSED BY THE
NOBLES AND REPRESENTATIVES
AT THEIR SESSION,
PRINTED BY ORDER OF THE GOVERNMENT.
RELATING TO THE JUDICIARY DEPARTMENT.
Approved May 26th, 1853.
BE IT ENACTED by the King, the Premier and Nobles, resident near His Majesty:
SECTION 1. The Supreme Court, from and after the first Monday of December, in the year of our Lord one thousand eight hundred and fifty-two, shall consist of a Chief Justice and two Associate Justices, any of whom may hold the Court. The Justices of the Supreme Court shall hold their offices during good behavior, subject to removal on impeachment; and shall receive for their services a compensation, which shall not be diminished during their continuance in office.
SECTION 2. Said Supreme Court shall have jurisdiction in all cases in law or equity, in all cases affecting Ambassadors, other Public Ministers and Consuls, and in all admiralty and maritime cases, whether the same be brought before it by original writ, by appeal or otherwise. It shall also have all the powers, and exercise all the jurisdiction belonging to either the Supreme or Superior Court, as at present constituted, in all cases, legal or equitable, civil or criminal.
SECTION 3. All cases, matters or controversies, of whatever nature, which may be pending in the Superior Court, or the Supreme Court, as at present constituted, on the first Monday of December, in the year of our Lord one thousand eight hundred and fifty-two, shall be immediately transferred to the Supreme Court, provided for in this Act, and be therein determined.
SECTION 4. The Chief Justice of the Supreme Court shall be the Chancellor of the Kingdom, and shall have power at Chambers to decree the foreclosure of mortgages, to grant divorces, to issue process in, and to hear and determine all probate matters, and all cases in bankruptcy, admiralty or equity, subject however, to an appeal to the full Court. Moreover, the Chief Justice and two Associate Justices of the Supreme Court shall respectively have all the powers at Chambers conferred by present laws upon the Chief Justice and Associate Justice of the Superior Court.
SECTION 5. 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.
SECTION 6. Said Court, or the Chief Justice thereof at Chambers, shall have the power to issue writs of error, certiorari, mandamus, prohibition and quo warranto, and all other writs and processes, to courts of inferior jurisdiction, to corporations and individuals, that shall be necessary to the furtherance of justice and the regular execution of the laws.
SECTION 7. Said Court shall have power to make and award all such judgments, decrees, orders and injunctions, to issue all such executions and other writs and processes, and to do all such other acts as may be necessary or proper to carry into full effect, all the powers, which are or may be given to it by the Constitution and laws of the Kingdom.
SECTION 8. It shall have power from time to time, to make rules for regulating the practice and conducting the business of the Court, in all cases not expressly provided by law; and thereafter to revise said rules so often as it may be found wise and necessary to simplify said practice and remedy any abuses or imperfections that may be found to exist therein.
SECTION 9. When any question of law shall arise in any trial or other proceeding, either of a civil or criminal nature, at law or in equity, before the said Court, when held by one Justice, he may reserve the same for the consideration of the full Court, and shall report
the case, or so much thereof as may be necessary for a full understanding of the question, to his associates.
SECTION 10. Any case may be reserved in like manner, upon the motion of either party, for a new trial, on account of any opinion, direction or order of the Justice in any matter of law.
SECTION 11. If any party shall think himself aggrieved by any such opinion, direction or order of the Court, and the Justice shall not think fit to reserve the case upon his motion, the party may allege exceptions to such opinion, direction or order, and the same being reduced to writing in a summary mode, and presented to the Justice before the final adjournment of the Court for the term, and being found comformable to truth, shall be allowed and signed by the Justice.
SECTION 12. Upon the allowance of such exceptions the questions arising thereon shall be considered by the full Court. If, however, the exceptions shall appear to the Justice, before whom the trial is held, to be frivolous, immaterial, or intended for delay, the judgment shall be entered, and execution awarded or stayed, on such terms as the Court shall deem reasonable, notwithstanding the allowance of the exceptions.
SECTION 13. When upon the hearing of a case, brought before the Court upon exceptions alleged as before provided, it shall appear that the exceptions are frivolous or immaterial, or were intended for delay, the Court may award against the party taking the exceptions, double costs from the time when the same were alleged, and also interest from the same time, at the rate of twenty per cent. per annum, on the sum, if any, found due for debt or damages; or may award any part of such additional costs and interest which they may deem proper.
SECTION 14. When judgment shall have been rendered in any case, in which exceptions have been allowed, the judgment may be vacated by full Court, without any writ of error, in like manner, as if it had been entered by mistake, and order such further proceedings in the case as to law and justice shall appertain.
SECTION 15. No trial by Jury shall be prevented or delayed by the