ARTICLE XXXIII.––OF THE POWER AND DUTIES OF THE JUSTICES OF THE SUPREME COURT AT CHAMBERS.

 

§847.  The Chief Justice of the Supreme Court is the Chancellor of the Kingdom, and as such shall possess all the powers incident to that office at common law.  He shall have power at chambers to decree the foreclosure of mortgages, and generally, to hear and determine all matters in equity, bankruptcy, or admiralty:  And the First Associate Justice shall act as vice-chancellor, and have full and concurrent jurisdiction in all matters at chambers with said chancellor.

 

§848.  The several Justices of the Supreme Court shall have power at chambers, to compel the attendance of parties and witnesses, and to compel the attendance of parties and witnesses, and to compel the production of books, papers, and accounts, and take all other steps necessary for the promotion of justice, in the matters pending before them at chambers, in like manner as the Supreme Court may do in term time. 

 

§849.  The said justices shall severally have power to issue warrants for the apprehension, in any part of the Kingdom, of any person accused under oath, of a crime or misdemeanor, and to examine and commit such person to prison for trial.

 

§850.  The Justices of the Supreme Court shall have power to prescribe the rules of practice to be observed at chambers.

§851.  The several Justices of the Supreme Court shall have the powers at chambers, to grant probate of wills, to appoint guardians, and administrators, and again to compel all guardians, administrators, and executors, to perform their respective trusts, and to account in all respects for the discharge of their official duties.  They may in case of moral unfitness, or other good and sufficient cause, remove any administrator, guardian, or executor, appointed by will or otherwise.

 

Note––Second Associate Justice has like powers.  See, after Sec. 831.

 

§852.  Said justices shall severally have power at chambers, to admeasure dower and partition real estate.  When the dower in real estate cannot be set apart without great injury to the owners, the judge may ascertain the value of such dower in money, and order the same to be paid on such terms as shall be just and reasonable.  When the partition of real estate cannot be made without great prejudice to the parties, the judge may order a sale of the premises and divide the proceeds.

 

§853.  Said Justices shall severally have power at chambers, to grant (divorces and) separations, and decree alimony; to legalize the adoption of children; and to decree the affiliation of bastards.

 

§854.  The several Justices of the Supreme Court shall have power, subject to challenge for cause by either party, to select and impanel a special jury of inquiry of idiocy, lunacy, or de ventre inspiciendo, or in any other matter to be tried before any of said Justices at chambers, and they shall receive and act upon the verdict of such jury as equity and good conscience may require.

 

§855.  The several Justices of the Supreme Court shall have power at chambers, upon any sworn application made in writing, to issue writs of habeas corpus for inquiring into the cause of any alleged unlawful imprisonment or restraint, or of ad testificandum, and they may enlarge on bail persons rightfully confined, in all bailable cases.

 

§856.  Any Justice of the Supreme Court, at chambers or in banco, upon the application of either party, may require either the plaintiff or defendant to give security for costs in any case, upon such terms and conditions as he may deem just.

 

§857.  The Supreme Court in term time, or the Chief Justice of First Associate Justice thereof at chambers, upon satisfactory proof that a fair and impartial trial cannot be had in any case pending in said court, or in any circuit court, may, after hearing the opposite party, or without such hearing should he fail to appear after due notice, change the venue to some other circuit, and order the record to be transferred thereto. 

 

TO ENLARGE THE JURISDICTION OF THE SUPREME COURT.

 

Section 1.  Any indictment pending in any Circuit Court of this Kingdom, for any felony, may be removed to the Supreme Court, sitting in Honolulu, within the Island of Oahu, and for all the islands of this Kingdom, upon motion of the Attorney-General, by consent of the defendant, if in the judgment of the court the interests of justice will be subserved thereby.

 

Section 2.  All motions for removal of indictments shall be in writing, with the reason therefor fully set forth.

 

Section 3.  Witnesses required to attend the Supreme Court sitting in Honolulu, as aforesaid, who are not residents of the Island of Oahu, shall be paid four cents per mile for each mile actually traveled, and one dollar for each day of actual attendance.

 

Section 4.  The Supreme Court shall make general rules relating to the custody and transmission of papers in the cases provided for in this Act.

 

§858.  If at the time fixed for the hearing of any matter before a justice of the Supreme Court at Chambers, he is absent, or unable to hear it, the same may be transferred by his order to some other justice of said court, who may be willing to hear the same .

An appeal may be taken to the full court, in banco, from any decision, judgment, order, or decree, made by any justice of the Supreme Court at chambers, and said Supreme Court in banco shall have power to review, reverse, affirm, amend, modify, or remand for new hearing at chambers, such decision, judgment, order or decree, in whole or in part, and as to any or all of the parties.  Every such appeal shall be taken upon the record, and no new evidence shall be introduced in the court above:  provided always, that the court above may in case evidence is offered, which is clearly newly discovered evidence, and material to the just decision of the appeal, admit the same.  Nothing in this section contained shall be construed to permit an appeal to be taken from any order by any justice allowing any warrant, attachment, writ, or other process; or for the taxation of costs; or any other order of a like nature.

 

 

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