ARTICLE XXXV.––OF THE CLERKS OF THE CIRCUIT COURTS.

 

§886.  The Justices of the Supreme Court shall appoint the clerks of the several circuit courts, who shall hold office during the pleasure of said Justices.  Said clerks 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 said courts.

 

§887.  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.

 

§888.  The clerks of the several circuit courts shall each be sworn to the faithful discharge of his duties, and give a bond to the Minister of Finance, to be approved by one of the Justices 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.

 

§889.  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, under oath, to the Minister of Finance.

 

§890.  In keeping their records they shall be governed by the rules prescribed in that respect for the clerk of the Supreme Court.

 

§891.  The clerks of the several circuit courts shall receive for their service an annual salary of two hundred and fifty dollars each.

 

 

TO PROVIDE FOR THE SAFE CUSTODY OF WILLS AND TESTAMENTARY PAPERS.

 

Section 1.    Whenever any will or testamentary paper shall be admitted to probate by any Circuit Judge, it shall be the duty of such Circuit Judge, within one month after such will or testamentary paper shall have been so admitted to probate, to forward the same to the clerk of the Supreme Court, to be by him filed and preserved in the office of such court.

 

Section 2.    It shall be the duty of all circuit judges and the clerks of the several circuit courts, as soon as conveniently may be after the passage of this Act, to forward all original wills and testamentary papers which may be in their custody and theretofore admitted to probate, to the said clerk of the Supreme Court, to be by him filed and preserved as aforesaid.

 

Section 3.    The several circuit judges and clerks of the circuit courts shall retain copies of all wills and testamentary papers so forwarded by them under the provisions of this Act.

 

RELATING TO THE ABATEMENT OF NUISANCES.

 

Section 1.    The Supreme Court and the several Circuit Courts shall have jurisdiction concurrently with the District and Police Courts, of all cases of common nuisances.

 

Section 2.    Whenever any person shall be convicted in the Supreme Court or any Circuit Court of maintaining a common nuisance, the Court shall order that said nuisance abated.  Such order shall not operate to suspend or vacate the sentence imposed, but shall be a wholly cumulative remedy.  In case the order shall not have been made at the time of imposing the sentence, it may be made at any regular term of the same Court, holden within two years thereafter, upon motion by the Attorney General, and reasonable notice to the defendant.  Upon the hearing of such motion, the judgment previously rendered, shall be conclusive evidence of the maintenance of the nuisance.

 

Section 3.    All orders for the abatement of a nuisance shall direct, under a penalty, that the same be abated, within a time to be limited in such order, and that, if the same be not abated within such time, that the proper executive officer of the law, do forthwith abate the same at the cost of the defendant, who shall also be liable to the full amount of the penalty specified in such order, for which, as well as for all costs and expenses arising in such case, execution shall duly issue.

 

TO ABOLISH THE OFFICE OF CIRCUIT JUDGE OF THE ISLAND OF OAHU.

 

Section 1.    That from and after the passage of this Act the office of Circuit Judge for the Island of Oahu be and the same is hereby abolished.

 

Section 2.    All appeals from the police magistrate and the district justices of the Island of Oahu shall be taken before any Justice of the Supreme Court at Chambers in like manner as such appeals are taken before the circuit judges of the other judicial districts, and any person deeming himself aggrieved by the decision of said Justice of the Supreme Court may appeal to the Supreme Court.

 

Section 3.    All trials and other business which were pending before the Circuit Judge for the Island of Oahu last appointed, at the date of his resignation shall be, and the same are hereby transferred to any one of the Justices of the Supreme Court sitting alone, and he is hereby fully empowered to hear, try and determine the said cases.

 

Section 4.    The appeal cases under this Act may be heard by any Justice of the Supreme Court at Chambers in Honolulu, or in the districts where such appeal cases may have arisen, and one of the Justices of the said Supreme Court, is hereby required to make a circuit of the Island of Oahu, as often as may be necessary for the purpose of hearing appeals and other business which may be brought before him; and at least one week‚s previous notice shall be given in each district of the time and place of the hearing of such appeals, by causing notice of the same to be posted in some conspicuous place in the district, and any justice hearing any appeal case by the authority of this Statute shall have all the powers which are by law conferred upon the Circuit Judges of other Judicial Circuits in like appeal cases.

 

Section 5.    The costs chargeable in appeal cases under the provisions of this Act, shall be the same as those chargeable by law in the police court of Honolulu.

 

Section 6.    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 on the Island of Oahu, the same may be brought by direct suit or complaint before any one of the Justices of the Supreme Court sitting alone, to be heard and determined by such Justice, in like manner as if it had been brought before him by appeal.  The same costs shall be charged in such cases as would have been charged if the suit had been brought before the police or district justice.

 

Section 7.    All laws or parts of laws inconsistent with the provisions of this Act, as well as an Act entitled An Act to abolish the Circuit Court for the First Judicial District, approved on the 10th day of January, A.D. 1865, are hereby repealed.

 

Note––By Act of 10th January, 1865, to abolish the Circuit Court for the first Judicial Circuit, provision was made for the appointment of an Intermediary Judge, to be styled Circuit Judge of the Island of Oahu.  This Act is repealed by the following Act of 1874, Chapter IX.

 

 

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