and to any others whose rights or interests are particularly affected, who shall be designated by the court.

Besides such notice, a written or printed notice of the time and place of hearing such contest shall be posted in the district, in some public. and frequented place, or published in some newspaper circulated in the district, for not less than ten days prior to such hearing.

§ 1094. No person who has voted at any election shall, in any legal proceeding, be required to state for whom he voted.

§ 1095. All petitions contesting the validity of any election, or to vacate a seat in the legislature, shall be heard by the court as soon as reasonably may be, whether in term time or vacation, at such time or times, place or places, as the court may direct.

§ 1096. At the hearing the court shall cause the evidence to be reduced to writing in full or sufficiently to ascertain all the facts involved, and shall thereupon give judgment, stating all findings of facts and the law thereupon, which shall then be transmitted in full to the governor. If such findings shall be that the election was invalid, or the seat vacant, a new election shall at once be ordered by the governor, but in case the said court shall decide which of the candidates have been elected, the governor shall forthwith sign and transmit to said candidate a certificate of election.

§ 1097. Such award as to costs in such proceedings shall be made as the court shall determine. Costs shall be the same as in trials in circuit court in chambers.

§ 1098. The decision of the court concerning any question properly involved in any such petition shall be final and binding upon all parties.

§ 1099. The course of proceedings shall be subject to the rules of the supreme court. The court may make such special rules concerning contested-election cases and petitions to vacate a seat in the legisla ture as it may find necessary or proper.

The court shall have like powers as in trials at a regular term of the court, concerning compelling the attendance of witnesses, punishing contempts, and all matters pertaining to such hearing.

§ 1100. Every record made in pursuance of law by a board of regis tration of voters, or a board of inspectors of election, shall be prima facie evidence of the facts therein set forth, and shall be received as such in any court or tribunal in which the same is offered as evidence.

§ 1101. Every member of the boards of registration of voters is hereby authorized to administer oaths in all cases in which oaths are by law authorized. [§ 1102.]

NOTE TO CHAPTER 77.

§§ 1091–1100 are L. R. act 8, except $1096, which is S. L. 1896, act 11. $1101 is L. R. act 1.

Penalties for violations of this chapter, see Penal Laws, §§1490-1495.

Cases in Hawaiian Reports: Holstein v. Young, 10 Haw., 216; R. v. Gay, 8 Haw., 468; Re Ross, 8 Haw., 483; Mattoon v. Barnard, 8 Haw., 732; Re Kapahu, 8 Haw., 735; Re election, 8 Haw., 592.

TITLE VIII.

JUDICIARY DEPARTMENT.

CHAPTER 78.

GENERAL PROVISIONS.

§ 1103. There shall be a department of government to be styled the judiciary department, which shall be presided over by the chief justice, whose duty it shall be to make a report to the legislature at each regular session thereof of the business of the said department and of the administration of justice throughout the Territory.

§ 1104. The said department and the several judges and other judicial officers thereof shall, in all respects, be independent of both the executive and legislative departments of government. The governor shall have no power to interfere with, alter, or overrule any order, writ, judg ment, or decision of any court, judge, or other judicial officer: Provided, however, That nothing herein contained shall be construed to prevent the governor from granting reprieves and pardons, after conviction, for all offenses except in cases of impeachment.

§ 1105. The judicial power of the Territory is vested in one supreme court, and in such inferior courts as the legislature may, from time to time, establish.

§ 1106. No justice of the supreme court nor any circuit judge shall exercise the profession or employment of counsel or attorney at law or be engaged in the practice of law.

§ 1107. No judge of any other court shall be employed nor allowed to appear as counsel or attorney before any court in any suit which shall have been previously tried before him.

§ 1108. All questions of law arising in any cause shall be decided by the court or judge before whom the matter is pending; and the instructions of such court or judge in relation to the law shall be binding upon the jury, if any be empannelled in the cause.

COMMON LAW.

§ 1109. The common law of England, as ascertained by English and American decisions, is hereby declared to be the common law of the Hawaiian Islands in all cases, except as otherwise expressly provided by the Constitution and laws of the United States, or by Hawaiian laws, or fixed by Hawaiian judicial precedent, or established by Hawaiian national usage: Provided, however, That no person shall be subject to criminal proceedings except as provided by the Hawaiian or United States laws.

§ 1110. The several courts of record shall have power to decide for themselves the constitutionality and binding effect of any law, ordinance, order, or decree, enacted or put forth by the governor, the legislature, or any executive board or bureau of the Government.

§ 1111. The several courts, in their decisions, shall have due regard to vested rights.

§ 1112. The several courts of record in term time, and the respective justices thereof at chambers, shall have power summarily to commit for trial any party appearing to the satisfaction of such court or justice to have committed perjury in any trial or proceeding had before the

same.

§ 1113. Wherever, by the provisions of any law of this Territory, any act is or shall be required to be performed by the chief justice of the supreme court, such act may (unless otherwise expressly provided) be performed during the absence, illness, or other inability or disability of the chief justice, by any associate justice of said courts.

JUDICIAL DISTRICTS.

§ 1114. For judicial purposes the lands known as the Ahupuaa of Olaa and the Ahupuaa of Keaau, situate in the district of Puna, island of Hawaii, are hereby transferred to and shall hereafter form a part of the judicial district of South Hilo, island of Hawaii.

§ 1115. That the district of Hana, island of Maui shall, for judicial purposes, be divided as follows:

The first division to be called the judicial district of Hana, and to include Koolau; and the second division to be called the judicial district of Kipahulu, and to include Kaupo and Kahikinui.

§ 1116. Two district magistrates shall be appointed; one for each of the divisions provided for by section 1115 in the district of Hana, and shall each receive as salary for their services such sums of money as may from time to time be appropriated by the legislature.

NOTE TO CHAPTER 78.

§ § 1103-1104 are S. L. 1892, ch. 57, §§ 1-2. § 1105 is C. L., § 817. § 1106 is S. L. 1892, ch. 76. § 1107 is C. L., § 821. §§ 1108-1111 are S. L. 1892, ch. 57, §§ 4-7. § 1108 is also C. L., § 822. §1111 is also C. L., § 825. §1112 is C. L., § 826. § 1113 is S. L. 1892, ch. 76. § 1114 is P. G. act 86. §§ 1115-1116 are S. L. 1890, ch. 58.

Judicial districts, see § 896.

Cases in Hawaiian reports: Gay v. Mendonca, 7 Haw., 297; McGrew v. McGrew, 9 Haw., 487; Mossman v. Haw. Govt., 10 Haw., 434; Henrique v. Paris, 10 Haw., 408.

CHAPTER 79.

DISTRICT COURTS.

§ 1117. There shall be appointed one or more district magistrates for each judicial district of the Territory. Such magistrates shall be commissioned by the governor. Each such magistrate shall reside in the district for which he is commissioned.

§1118. The district magistrates shall hold office for the term of two years from the date of their respective commissions: Provided, however, That any district magistrate may be removed from office for cause by the supreme court, or by the circuit judge of the judicial circuit in which the district of the magistrate complained of is situated.

§ 1119. The district courts shall have original and exclusive jurisdiction of all civil actions, except as hereinafter otherwise provided, where the debt, amount, or damages, or the value of the property claimed shall not exceed fifty dollars; and concurrent jurisdiction in all civil actions, except as aforesaid, where the debt, amount, or damages, or

the value of the property claimed shall not exceed three hundred dollars; and shall have original jurisdiction in all statutory proceedings as conferred by law upon police and district courts, or which may hereafter be placed by law within the jurisdiction of district courts, and to try and determine the same, subject to appeal according to law: Provided, however, That such courts shall not have cognizance of real actions, nor actions in which the title to real estate shall come in question, nor actions for libel, slander, defamation of character, malicious prosecution, false imprisonment, breach of promise of marriage, or seduction, nor of any civil matter required by law to be tried by a jury, nor shall they have power to appoint referees in any cause.

§ 1120. The district magistrates shall have power to administer oaths, to perpetuate testimony under commissions issued to them from other courts, and to issue commissions for the perpetuation of testimony to be used in controversies pending before them, to grant continuances of proceedings before them, to subpoena and compel the attendance of witnesses within their respective districts, to enforce judgment, and to punish contempts according to law.

§1121. The district magistrates shall in all cases preserve in written detail the minutes and proceedings of their trials, transactions, and judgments, with the substance of the testimony and the facts upon which their decisions rest.

CUSTODY OF DOCKETS.

§ 1122. From and after the passage of this chapter it shall be the duty of the several district magistrates, except the district magistrates of Honolulu, to transmit forthwith to the clerk of the circuit court of the circuit in which their respective districts are situated all dockets and record books required by them to be kept by section 1121, except those in current use and not completed, and from time to time thereafter to transmit them as aforesaid whenever completed.

§1123. Every failure on the part of any such district magistrate to comply with this law, not explained to the satisfaction of a circuit judge of the circuit within which said district magistrate resides, shall be punishable summarily, on the complaint of the clerk of the court of said circuit, by said circuit judge, by forfeiture of one month's salary of said district magistrate.

§ 1124. The clerk of the judiciary department is hereby charged with the duty of directing the method and details of transferring such dockets and record books, and with the custody and preservation of the same in some appropriate place within the respective circuits.

§ 1125. The expenses incurred in the transfer of such dockets and record books, and of the custody thereof, may be charged to the appropriation for expenses of supreme and circuit courts.

§ 1126. Whenever requested, the clerk of any circuit court, on being paid the sum of two dollars and a half as costs, shall furnish a copy of the minutes, proceedings, judgments, and testimony of any designated case from such dockets and record books in his custody, which, when duly authenticated by said clerk under the seal of the court, shall be admitted in evidence in any court of the Territory in like manner and effect as if the original were produced.

LIABILITIES AND DUTIES.

§ 1127. The district magistrate shall be liable to writs of error, mandamus, prohibition, injunction, and certiorari, according to law.

§ 1128. In case of the temporary disqualification of any district magistrate from any cause, some other person may be appointed by the circuit judge of the circuit in which such magistrate is located, to perform the duties of the office for the time being.

§ 1129. It shall be the duty of each district magistrate, during the first month of each quarter of the year, to report to the judge of the circuit court of the circuit in which such district magistrate is located the amount and kind of official business done by him during the preceding quarter-the number of persons prosecuted, the crimes and misdemeanors for which such prosecutions were had, and the results thereof, and the punishments awarded against any person convicted thereon, as well as the number, kind, and results of civil proceedings had before him, and the names of the parties thereto.

§ 1130. The district magistrates shall be paid for their services such salary as the legislature shall appropriate for them respectively.

ACTING DISTRICT MAGISTRATES.

§ 1131. In case of the illness, temporary absence of any district magistrate from the district for which he is appointed, or when for any cause any district magistrate is disqualified to hear and determine any case which would by law come under his jurisdiction, it shall be lawful to appoint some other person to perform the duties of such district magistrate, who shall be called an acting district magistrate, and shall not exercise any judicial functions except in the contingencies above mentioned.

[§ 1132.]

§ 1133: Sections 1131-1134 shall not be construed to repeal section 1158, but it shall be optional for parties bringing suits, either civil or criminal, to take them before such acting district magistrate or to the circuit judge, as the case may be.

§ 1134. The compensation of such acting district magistrate shall be such as may be agreed upon between him and the district magistrate for whom he may act, and shall be paid out of the appropriation for salary of such district magistrate.

NOTE TO CHAPTER 79.

§ 1117 is S. L. 1892, ch. 76. §§ 1118-1121 are S. L. 1892, ch. 57, §§ 9-10, §§ 12-13. §§ 1122-1126 are S. L. 1896, act 6. §§ 1127-1130 are S. L. 1892, ch. 57, §§ 25-28. §§ 11311134 are S. L. 1892, ch. 20.

Criminal jurisdiction of district courts, see Penal Laws, ch. 52.

Cases in Hawaiian Reports: Kualana v. Yong Young, 9 Haw., 226; Ward v. Kamanoulu, 9 Haw., 620; Mao v. Apa, 9 Haw., 637; Gonsalves v. Pakiko, 10 Haw., 407; Nakamura v. Haalilio, 6 Haw., 658; Re Piipiilani, 7 Haw., 103.

CHAPTER 80.

CIRCUIT COURTS AND CIRCUIT JUDGES AT CHAMBERS.

§ 1135. The Territory of Hawaii is divided into five judicial circuits, as follows:

The first judicial circuit is the island of Oahu and all other islands belonging to the Territory of Hawaii not hereinafter mentioned.

The second judicial circuit includes the islands of Maui, Molokai, Lanai, Kaboolawe, and Molokini.

The third judicial circuit includes the districts of Kohala, Kona, and Kau, of the island of Hawaii.