CHAPTER XIII

 

OF THE SUPREME COURT.

 

§827.  The Supreme Court shall consist of a Chief Justice and two Associate Justices, any of whom may hold the court.

 

§828.  The Justices of the Supreme Court shall hold their offices during good behavior, subject to removal as provided in the Constitution, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. 

 

§829.  The Supreme Court shall have jurisdiction of all cases in law or equity, civil or criminal, and of all admiralty or maritime cases, whether the same be brought before it, by original writ, by appeal, or otherwise.  It shall have exclusive jurisdiction of all suits or proceedings against ambassadors, or other ministers, their attachés or servants, as far as any court can have consistently with the laws of nations; and of all actions against the Hawaiian Government, which can be instituted only by permission of the King in Privy Council.  In all suits brought by ambassadors, or other public ministers, and in all suits in which a consul or vice-consul shall be party, either plaintiff or defendant, it shall have jurisdiction, but such jurisdiction shall not be exclusive.

 

§830.  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. 

 

§831.  The Supreme Court, or the Chief Justice, or first Associate Justice thereof at chambers, shall have the power to issue writs of error, certioiari, mandamus, ne exeat regno, 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.

 

From and after the date of the passage of this Act, the like powers and duties as are possessed and exercised by the First Associate Justice of the Supreme Court, shall be possessed and exercised in like manner by the Second Associate Justice of the said Court.

 

§832.  The Supreme 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 to carry into full effect all the powers which are or may be give to it by the Constitution and laws of the Kingdom.

 

§833.  The Supreme Court shall have power, from time to time, to make rules for regulating the practice and conducting the business of said court, in all cases not expressly provided for 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.

 

§834.  Whenever any question of law shall arise in any trial or other proceeding, before the Supreme Court, when held by one justice, he may reserve the same for the consideration of the full court; and in such case shall report the case, or so much thereof as may be necessary for a full understanding of the question, to his associates.

§835.  Any question may be reserved in like manner, upon the motion of either party, on account of any opinion, direction, or order of the justice, in any matter of law. 

 

§836.  If any party shall think himself aggrieved by any such opinion, direction, or order, 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 conformable to truth, shall be allowed and signed by the justice; and if said justice shall refuse to allow and sign said exceptions, the truth of the allegations therein contained, may, nevertheless, be established before the full court, and the exceptions allowed by them.

 

§837.  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 had, to be frivolous, immaterial, or intended for delay, the judgment may be entered, and execution may be awarded or stayed, on such terms as the justice shall deem reasonable, notwithstanding the allowance of the exceptions.

 

§838.  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 as it may deem proper.

 

§839.  When judgment shall have been rendered in any case, in which exceptions have been allowed, the judgment may be vacated by the full court, without any writ of error, in like manner as if it had been entered by mistake, and thereupon such further proceedings shall be had in the case as to law and justice shall appertain.

 

§840.  No trial by jury shall be prevented or delayed by the filing or allowance of such exceptions, but the verdict shall be received and such further proceedings shall be had in the case as the court may order in pursuance of the foregoing provisions.

 

§841.  Whenever a cause shall be at issue in the Supreme Court, and it shall appear that the trial of the same will require the examination of a long or complicated account, on either party, or without such application, order such cause to be referred to three impartial and competent persons.  Each party shall be entitled to name one of the referees, and the court shall appoint the third, and in case either party shall fail to nominate, the court shall do so for him. 

 

§842.  There shall be four several terms of the Supreme Court held in each year, commencing as follows:

 

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 Supreme Court.  The Court may however hold special terms at other times, whenever it shall deem it essential to the promotion of justice.

 

§843.  The four regular terms shall be held at the court-house in the city of Honolulu:  provided always, that the Chief Justice 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 from the commencement thereof, until and including the fourth Saturday after the commencement of each term. 

 

§844.  When neither of the justices is present at the time and place appointed for holding the court, whether at the beginning of a term or at any adjournment thereof, 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.

 

§845.  In the 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 First Associate Justice, or such other justice as the King may appoint for the time.

 

§846.  The Chief Justice of the Supreme Court shall receive an annual salary of five thousand dollars, the First Associate Justice an annual salary of four thousand dollars, and the Second Associate Justice an annual salary of four thousand dollars, which said salaries shall be paid in monthly payments, out of the treasury of the Kingdom.

 

Note––Concurrent jurisdiction is given to the Supreme Court and Circuit Courts in cases of Common Nuisance, by Act of 1870, Chap. IX.

 

 

Return to Civil Code Table of Contents