CHAPTER XVII

 

OF APPEALS.

 

§1005.  Any party deeming himself aggrieved by the decision of any police or district justice, in any case, whether civil or criminal, may appeal therefrom to any circuit judge* at chambers by giving notice of his appeal within five days after the rendering of such decision, and paying the costs accrued within ten days after the date of said decision:  provided, always, that no hearing shall be had until the costs of the trial before the police or district justice are first paid.

            * For appeals from police and district justices, Oahu, to intermediary judge, see A et which follows §855.

 

§1006.  Any party deeming himself aggrieved by the decision of any police or district justice in any case whether civil or criminal may appeal therefrom to the circuit court or to the Supreme Court, by giving notice of his appeal within five days after the rendering of such decision, and within ten days after the date of such decision paying the costs accrued, and, if it is a civil case, depositing a good and sufficient bond in the penal sum of one hundred dollars, conditioned for the payment of the costs further to accrue in case he is defeated in the court above:  provided, always, that where such appeal is taken solely upon exceptions to the decision of the justice on points of law, the appeal shall be heard and determined by the appellate court in banco.

 

§1007.  Any party deeming himself aggrieved by the decision of any circuit judge at chambers, in any case whether civil or criminal may appeal therefrom to the circuit court or the Supreme Court, by giving notice of such appeal within five days after the rendering of such decision, and within ten days after the date of such decision, paying the costs accrued before the circuit judge, and, if it is a civil case, depositing a good and sufficient bond in the penal sum of fifty dollars, conditioned for the payment of the costs further to accrue, in case he is defeated in the court above:  provided, always, that where such appeal is taken solely upon exceptions to the decision of the circuit judge on points of law, the appeal shall be heard and determined by the appellate court in banco.

 

§1008.  Upon an appeal being taken and perfected, according to the provisions of either of the last two preceding sections, the circuit judge or justice, shall give immediate notice thereof to the other party, and if execution shall have been issued, to the officer charged therewith, and shall also, without delay, transmit to the clerk of the appellate court a perfect transcript of the record and proceedings had before him.

 

§1009.  Every defendant appealing from the decision of any circuit judge, police justice, or district justice, in any criminal or penal prosecution, shall remain in the custody of the marshal or sheriff, a good and sufficient bond in a penal sum equal to the fine or penalty imposed upon such defendant in the court below, conditioned for his appearance for trial at the Supreme or circuit court as aforesaid.  And in all cases where the punishment adjudged by the circuit judge, or police or district justice, is both fine and imprisonment, or imprisonment only, the marshal or sheriff shall exact from the defendant a bond, conditioned as aforesaid, in the penal sum of not less than one hundred, nor more than one thousand dollars.

 

§1010.  An appeal duly taken and perfected, in any case provided for in this chapter, shall immediately thereafter operate as an arrest of judgment and stay of execution.

 

§1011.  Unless appeal be taken in accordance with the provisions of this chapter, in any case herein provided for, the decision rendered in the case shall be final, and no court in the Kingdom shall have power to remove the same for any cause whatsoever.

 

§1012.  In any case of an appeal from the decision of one of the justices of the Supreme Court, at chambers, in which a jury shall have been empanneled by such justice, the appeal to the full court shall be taken upon the record, the verdict of such jury being deemed conclusive as to the facts, and anew jury shall not be empanneled to try any question of fact involved.

 

§1013.  Costs shall be allowed to the prevailing party in judgments rendered on appeal, in all cases, with the following exceptions and limitations:

 

1.  If the defendant against whom judgment is rendered, appeal, and judgment be rendered in his favor in the appellate court, and the amount recovered in the court below be reduced one-fifth or more, costs shall be awarded to the appellant:

 

2. If the defendant in whose favor a judgment is rendered shall appeal, and he shall not recover in the appellate court at least one-fifth more than the amount recovered below, costs shall be awarded to the appellee:

 

3. If the plaintiff in whose favor judgment is rendered, appeal, and he shall not recover in the appellate court at least one-fifth more than the amount recovered below, costs shall be awarded to the appellee:

 

4. In all other cases, the party recovering any sum shall be entitled to costs.

 

§1014.  Whenever costs are awarded to the appellant, he shall be allowed to tax as part thereof, the costs and fees paid in the lower court on taking the appeal, in addition to the costs of the court appealed to.  And if, upon an appeal, a recovery for any debt or damages be had by one party, and costs be awarded to the other party, the court shall set off such costs against such debt or damages, and render judgment for the balance.

 

§1015.  The Supreme Court may, from time to time, establish by standing rules, such regulations for the taking of appeals, and for the removing of causes by certiorari and habeas corpus, as said court may deem necessary for the better administration of justice.

 

 

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