CHAPTER XV.

 

§892.  One of the District Justices appointed for the first District of Oahu shall, by appointment, be Police Justice for the Port of Honolulu; and one of those appointed for the first District of Maui shall be Police Justice for the Port of Lahaina; and one of those appointed for the second District of Maui shall be Police Justice for the Wailuku District; and one of those appointed for the first District of Hawaii shall be Police Justice for the Port of Hilo; and one of those appointed for the second District of Hawaii shall be Police Justice for the District of North Kohala.

 

§893.  The several Police Justices shall, in all cases, preserve in written detail, the minutes and proceedings of their trials, transactions and judgments.  They shall have original jurisdiction of torts and of wrongs arising upon the high seas, and upon the waters within His Majesty’s maritime jurisdiction, and of controversies arising between the masters and crews of vessels, domestic or foreign, not however to interfere with the jurisdiction of foreign consuls under treaty stipulations; and in cases of felony committed upon the high seas, they shall have jurisdiction to examine and perpetuate the evidence thereof, to commit the accused for probable cause, and to certify the facts and reasons of such commitment, to be used in evidence abroad, upon the remission of the offender to his domestic forum.  They shall have exclusive original jurisdiction, within their respective districts, over all police cases proper, and over all cases where the amount of property in dispute shall not exceed two hundred dollars.  Their criminal jurisdiction shall be co-extensive with their respective circuits, for the purpose of the arrest, examination, commitment, and enlargement of parties accused.

 

TO ENLARGE THE JURISDICTION OF POLICE COURTS.

 

Section 1.    The several police courts shall have concurrent criminal jurisdiction, co-extensive with the several judicial circuits, of all officers whereof the district courts now have jurisdiction.

 

TO ENLARGE THE JURISDICTION OF THE POLICE COURTS IN CERTAIN CASES OF AGGRAVATED ASSAULT.

 

Section 1.    The several police courts of Honolulu, Hilo and Lahaina shall have concurrent jurisdiction with the Supreme Court and Circuit Courts, of all cases of assault with knives, sword canes and other weapons, obviously and imminently dangerous to life, except as is hereinafter provided.

 

Section 2.    In cases where the offense is not of a highly aggravated character said police courts may punish the offender by fine not exceeding two hundred dollars and by imprisonment not exceeding two years; but in cases where such punishment would be inadequate, the offender shall be committed for trial according to existing provisions of law.

 

TO INCREASE THE JURISDICTION OF DISTRICT JUSTICES IN CASES OF SERIOUS ASSAULT.

 

Section 1.    A like jurisdiction with that conferred upon the Supreme and Circuit and Police Courts of Honolulu, Hilo and Lahaina, is hereby conferred upon all police and district courts of this Kingdom in all cases of felonious assault by knife, sword, sword-cane or other dangerous weapon injurious to life excepting the cases hereinafter mentioned as being excepted.

 

Section 2.    In cases where the offense is not of a highly aggravated character the said courts may punish the offender by fine not exceeding two hundred dollars and by imprisonment not exceeding two years; but in cases where such punishment would be inadequate, the offender shall be committed for trial according to existing provisions of law.

 

§894.  The said police justices, when applied to and tendered the costs of process, shall issue summons to any party or parties defendant, within their respective jurisdictions, commanding such party or parties to appear and show cause why judgment should not be rendered upon the plaintiff’s demand.  If a defendant so summoned do not appear at the time and place cited in such summons, the oath of the officer that it was duly served upon the defendant personally, shall authorize the justice, if the claim be upon a note due, to render judgment therefor, and for the costs, as by default, without further proof; if upon an account or book debt, he shall take ex parte proof that the debt honestly accrued, and render judgment according to the evidence, ex parte upon default; if upon a contract, agreement or promise, written or verbal, other than a note or book debt, the justice, if the defendant has been personally served with summons, and do not appear at the time set, shall, upon hearing the plaintiff’s evidence ex parte, award judgment for default of appearance, according to the right of the matter involved.  If the defendant appear and deny the liability, the justice shall allow him full latitude to show cause, and for this purpose may grant sufficient time by adjournment, may subpoena witnesses and compel their attendance by attachment, and shall decide the matter at issue between the parties, allowing any offsets in deduction of a plaintiff’s demand, that may have been proven by a defendant, and in case such offsets exceed the plaintiff’s demand, he shall render judgment for such excess in favor of the defendant.

 

§895.  The summons so to be issued by the police justices, shall contain a notification to the defendant, that if he fails to attend at the time and place of trial designated in the summons, judgment will be rendered against him ex parte, by default.

 

§896.  Each of said justices shall keep a docket, in which he shall enter every cause by him determined, with the substance of the testimony and facts upon which his decision rests.  He shall conclude each case with the particular nature of the judgment or decision rendered; and in civil cases the amount thereof, if in money, or the object thereof, if not sounding in money.

 

§897.  Upon sworn complaint being made, in writing, to either of said justices, by a party plaintiff, or some person on his behalf, setting forth that his demand was contracted in a fraudulent or deceitful manner, or upon false or unfounded pretences by the debtor, or that the debtor having honestly contracted the debt or obligation, seeks to avoid the payment thereof, by secreting his property, or by intention to transfer the same to some third person with that object, or is about to remove his property out of the district or if not triable before the police justice, that he is about to remove it from the circuit, or is eluding the service of summons, or about to quit the circuit, said justice may issue an attachment against the property of such debtor at the suit of the plaintiff, which may be in the following form :

 

To any Constable of the District of ________, Island of ________, H.I.:

   

You are commanded to attach and safely keep the property of ________, if any can be found within this district, subject to the order of this court, (or other court as the case may be) at the sworn information and suit of ________, plaintiff, to answer to a debt (or obligation, as the case may be) alleged to be due him from said ________; and having so attached, you are further commanded to summon the said ________, if he can be found in this district, to appear and answer the complaint and demand of said plaintiff, before me at ________, on the ___ day of _____, (or before another court, as the case may be, stating the time) and then and there show cause, if any he has, why judgment should not be rendered against him, and the property attached subject to execution, levy and sale, for the payment of said demand, interest and costs.

   

Notify the said ________, that upon default to attend at the time and place above mentioned, judgment will be rendered against him ex parte by default.

   

Given under my hand this ___, day of _____, 18___.

____________

Police Justice.

 

§898.  In case such sworn application be made to either of the said justices, in any matter of indebtedness greater in alleged amount than one hundred dollars, the summons and attachment shall be made returnable to the Circuit or Supreme Court, and the constable shall return the same to the court.  In any such case it shall not be lawful for the justice to issue attachment, until the applicant shall have deposited with him a bond in a penal sum at the discretion of the justice, with one or more sureties to be approved by said justice, conditioned for the payment of all the costs of the proceeding, both on the part of the plaintiff and the defendant, the costs of the court, and the damages sustained by the defendant, by reason of the attachment, in case the plaintiff shall not duly appear and substantiate the truth of his complaint, at the return of the writ, or in case the attachment shall be dissolved before that time, by order of a justice of the Supreme Court at Chambers.

 

§899.  In case such application be made for attachment to an amount not exceeding one hundred dollars, the summons and attachment shall be returnable within ten days after summons served, before the justice issuing the same, and shall be by him dissolved, in case the applicant fail to establish his claim, on appearance and contest of the merits by the defendant; but in case the defendant make default, or appearing, the plaintiff substantiate his demand, the property attached shall be liable to execution at his instance, and shall be levied on, advertised and sold, as in other cases, subject to the right of appeal,  and subject to the rights of property in third persons.

 

§900.  Every attachment issued as aforesaid, shall be imposed by placing the property in security without removing the same from defendant‚s premises, except for greater safety.  The officer so attaching shall take an inventory thereof, and append a copy of the same to his return of the attachment.  He shall also furnish a copy of the inventory to the defendant, and if the property attached be lands or tenements, post in a conspicuous place upon the premises, a public notice of the following import:

 

These premises are attached by virtue of a writ from ________, Esquire, Police Justice of ________, returnable at ________, on the ___ day of _____, at the suit and complaint of ________, for ___ dollars.

   

Dated ___ day of _____, 18___.

 

Which notice, if the attachment be dissolved by a Justice of the Supreme Court at Chambers, or by non-appearance of the plaintiff on the day indicated for return, or by failure to sustain his claim by satisfactory proof, or by the recovering of an offset balance by the defendant, shall be removed from the property.  If the property attached by removable; the said constable shall post in three conspicuous places within the district, a notice as follows:

 

By virtue of a writ from ________, Esquire, Police Justice of ________, returnable at ________, on the ___ day of _____, at the suit of ________, for ___ dollars, I have attached, subject to a demand to be proved, the following articles of property, viz.:

   

All persons having rights in said property are notified to prove their claims on or before the return day above named.

   

Dated ___ day of _____, 18___.

 

In case the attachment and summons be returnable at the Circuit or Supreme Court, the sheriff of the island shall in addition to the above local notice from the constable, post the like notice, signed by him or his deputy, in three public places at the seat of such court.

 

§901.  Upon application made to either of said justices, under oath, showing good and satisfactory reasons for believing that any person within his district is wrongfully secreting property of another, or of his own, to the prejudice of another, and upon bond to the said suspected person, filed with said justice as in the next succeeding section prescribed, said justice shall have power to grant a warrant to search the person or premises of said suspected person, and to take the property secreted by him, for some judicial purpose to be stated in the application, and the legality of which shall be determined by said justice.  Said warrant may be in the following form:

 

To any Constable of the District of ________, Island of ________, H.I.:

   

Information having been given to my satisfaction, by the oath of ________,

That ________, residing or being in said district, is wrongfully secreting (here specify the property if possible) belonging to said Informant, (or any other person for whom he applies) with intent to defraud the said informant, (or other person in whose behalf he applies) and the said ________ having deposited a bond, with approved security, conditioned to answer the said ________, for all damages, costs and charges to arise in consequence of his act in this respect, if adjudged to be a wrongful trespass:

   

You are commanded to search the person and premises of the said ________, to discover if possible, the property aforesaid, and for that purpose, if necessary, to break locks, doors and bolts; and if opposed, to secure the persons opposing, until you shall have completely searched his person and premises.  And having found, to safely keep the same, to the end that justice may be done to the said ________, in the premises.

   

You are further commanded to apprehend the said ________, and to bring him forthwith before me, to answer to an allegation of (wrongful, fraudulent or felonious, as the case may be) concealment, as alleged against him by the said ________.

   

Make return of this writ, and of your proceedings thereon, with all convenient speed.

   

Given under my hand this ___ day of _____, 18___.

 

__________

Police Justice

 

§902.  The bond so required to be given shall be in such penal sum, and with such surety or sureties, as the justice shall approve, and shall be conditioned for the payment to the party complained against, of all lawful damages costs and charges, wrongfully sustained by him in consequence of the warrant and search, or of the taking of the property, that shall be awarded to him.

 

§903.  The said justices shall not have power to try actions for slander, libel, defamation of character, malicious prosecution, breach of promise of marriage, false imprisonment, or seduction. (a) Neither shall they have jurisdiction to try and determine any crime or misdemeanor which the laws of this Kingdom require to be tried by a jury; but they shall have power, subject to appeal, to try without jury, and to render and enforce judgment, in all cases of crimes and misdemeanors coming within their jurisdiction.

 

TO EXTEND THE JURISDICTION OF POLICE AND DISTRICT JUSTICES TO CASES OF CRIMINAL CONVERSATION AND SEDUCTION.

 

WHEREAS, it is expedient, with a view to the suppression and punishment of crim. con. and seduction, to confer upon all Police and District Justices of this Kingdom, power to hear, try and determine civil actions for damages for the same in certain cases; therefore,

 

Be it Enacted by the King and the Legislative Assembly of the Hawaiian Islands in the Legislature of the Kingdom assembled:

 

Section 1.    That the jurisdiction of the several police and district justices of this Kingdom be, and the same is hereby extended to the hearing, trial and determination of all actions or suits for the recovery of damages for criminal conversation, seduction, (or other unlawful carnal intercourse,) in which the amount of damages claimed shall not exceed the sum of one hundred dollars.

   

Section 2 repealed 1876, Chapter XXXI.

 

Section 3.    Nothing contained in this Act shall be held to affect the right of appeal, as regulated by law.

 

§904.  In all cases of crimes and misdemeanors, in which a warrant of arrest shall be issued by either of said justices on the information of some person cognizant thereof, such information shall be verified by the oath of the informant, that he has knowledge of, or reason to believe, the commission of such crime or misdemeanor, by some person whose name or description, if possible, shall be alleged in the information, as well as the place where the violation took places, and the names of the witnesses, if any.  Such warrant of arrest may be in the following form:

 

To any constable of the district of ________, Island of ________, H.I.:

   

You are commanded on the information of ________, verified by oath, forthwith to arrest and take the body of ________, accused of ________, if he can be found; and forthwith have his body before me at my office in ________, at any time between the hours of _____ A.M. and _____ P.M., (to answer to the said accusation, or to show cause why he should not be committed for trial at the Circuit or Supreme Court, as the case may be).  And you are also commanded, having arrested the said ________, to summon as witnesses of accusation ________, if they can be found, and to make due return of your proceedings upon this writ.

   

Given under my hand this ___ day of_____, 18___.

__________

Police Justice.

 

§905.  In all cases of arrest for crimes or misdemeanors cognizable before a jury, the magistrate in whose jurisdiction or on whose warrant the accused was arrested, shall, upon the bringing up of the accused, proceed to consider whether there is probable cause to believe that a jury would, upon the evidence adduced, convict the accused of the offense with which he is charged.  Said justice shall reduce to writing the substance of the evidence adduced, with the names of the witnesses, and if in his opinion the testimony do not warrant commitment for trial, he shall release the prisoner, noting that fact upon his docket; but if in his opinion there is probable cause to believe that conviction would take place before a jury, he shall make out, and deliver to a constable, a mittimus, which may be in the following form:

 

To ________, or any other constable of the district of ______, Island of __________, H.I.:

   

It appearing to my satisfaction, that there is reason to believe that ________, who was arrested for ________, on the information of ________, (or otherwise as the case may be) would be convicted upon the indictment for the said offense:

   

You are commanded to deliver him the said ________, to the sheriff of the Island of ________, or his deputy, who is hereby authorized to commit him to the jail of said Island, for trial, (at the Supreme or Circuit Court, as the case may be) and have you then there this writ, with full return of your proceedings thereon.

   

Given under my hand this ___ day of _____, 18___.

__________

Police Justice.

 

§906.  Neither of the said justices shall have power to determine any civil matter required by law to be tried by jury, nor to appoint referees in any cause.

 

§907.  Any person indebted to another, or liable to another in law, for money to an amount not exceeding five hundred dollars may, with or without suit first instituted against him, appear in person, or by duly empowered attorney, before either of said justices, and there confess judgment against himself and his property, for such sum with costs.  And the justice shall, in every such case, enter up judgment in the same manner as if he had rendered the same upon default, or upon evidence of indebtedness, and issue execution thereon in like manner, and with the like effect: provided, that no such judgment confessed without suit shall have the effect in law to cover or conceal the property of a debtor, nor take precedence of other judgments subsequently rendered, if it appear that the same was collusively or fraudulently confessed, or confessed without legal consideration, or with the view of giving fraudulent and undeserved precedence to one creditor over another.

 

§908.  No judgment rendered in either of said justices‚ courts, shall be a lien upon real property, until a transcript thereof, certified by such justice, shall have been docketed in the office of the clerk of the Supreme Court.  Such justices‚ judgment shall be a lien upon the moveable property of the defendant in execution, not exempted by law from levy, from the time, and according to the priority of levy.

 

§909.  The said justices shall have power to administer oaths, to perpetuate testimony under commissions issued to them from other justices or judges of the same, or any other island, and to issue commissions for the perpetuation of testimony to be used in controversies depending before them.

 

§910.  The respective justices shall, on complaint of the Government, or of any party conceiving himself aggrieved, be liable to mandamus, prohibition or injunction, from any of the courts of record.  Such mandamus, prohibition or injunction, shall be on pain of removal from office, as provided in the Constitution.

 

§911.  The police justices of Honolulu, Lahaina and Hilo, shall receive for their services such compensation as the Legislature shall, from time to time, determine and appropriate.

 

 

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