CHAPTER XXIV.

 

OF CONTEMPTS.

 

§1096.  Every judicial tribunal, acting as such, and every magistrate acting by authority of law in a judicial capacity, may summarily punish persons guilty of contempt, as follows, viz.:

 

1. The Supreme Court, by imprisonment (at hard labor) a) not more than three months, or by fine not exceeding one hundred dollars, or by both such fine and imprisonment in the discretion of the court.

 

2. Any circuit court, or any court of probate, by imprisonment (at hard labor) a) not more than two months, or by fine not exceeding one hundred dollars.

 

3. Any circuit judge, or police justice, by imprisonment (at hard labor) a) not more than thirty days, or by fine not exceeding fifty dollars.

 

4. Any district justice, coroner, or other person acting in a judicial capacity by authority from any court of record, by imprisonment (at hard labor) a not more than ten days, or by fine not exceeding ten dollars.

 

TO AMEND SECTION 18 AND SUBDIVISIONS 1, 2, 3 AND 4 OF SAME SECTION, CHAPTER 29 OF PENAL CODE

 

WHEREAS it is inexpedient that persons adjudged guilty of Contempt of Court should be liable to e punished with imprisonment at hard labor, there:

 

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

 

Hereafter it shall not be lawful for any court, judge, police justice, district justice, coroner or any other person having the power to inflict punishment upon any person who may be adjudged guilty of contempt, to add the punishment of hard labor to any sentence which may be passed upon such person adjudged guilty as aforesaid.

 

§1097.  Persons punished according to the provisions of this chapter, shall also be liable to indictment for the same misconduct, if it be an indictable offense; but the court before which a conviction is had on the indictment, in passing sentence, shall take into consideration the punishment before inflicted.

 

§1098.  When the contempt consists in the omission or refusal to perform an act which is yet in the power of the party to perform, he may be imprisoned until he have performed it, and in that case the act shall be specified in the warrant of commitment.

 

 

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