ARTICLE XXXIX.––OF THE TRIAL OF CAUSES IN CASE OF THE DISQUALIFICATION OF THE CIRCUIT JUDGES, POLICE AND DISTRICT JUSTICES.

 

§937.  When for any cause any police or district justice is legally disqualified to hear and determine any case, civil or criminal, which would by law come under his jurisdiction, the same may be brought by direct suit or complaint, before any circuit judge* of the circuit in which such police or district justice holds office, to be heard and determined by such circuit judge, in like manner as if it had been brought before him by appeal.  The same costs shall be charged in such case, as would have been charged if the suit had been brought before the police or district justice.

   

*On Oahu, see Act 1874, Chapter IX following section 885.

 

§938.  When any party deems himself aggrieved by the decision of any police or district justice, in any case, civil or criminal, and the circuit judge who whom appeal might be taken, is legally disqualified to hear and determine the case, said party may take an appeal direct to the Supreme Court, or to the Circuit of the circuit in which he resides, upon conforming to the conditions upon which appeals may be taken to a circuit judge at chambers.

 

 

Return to Civil Code Table of Contents