Page:United States Statutes at Large Volume 31.djvu/209

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

FIFTY-SIXTH CONGRESS. Sess. I. Ch. 339. 1900. 157 All officers appointed under the provisions of this section shall be zeggicers w be cm citizens of the lTqrritoryf§f Hawaii..H ` All ersons 0 din *0 ce in the awaiian Islands at the time this P'°S€“*lP°“mb€¤*S Act tallies effect shad continue to hold their respective offices until sibggigtgdlllsucceswr their successors are a pointed and qualified, but not beyond the end of the iirst session ofp the senate of the Territory of Hawaii unless reappointed as herein provided. CHAPTER IV. THE JUDICIARY. Sec. 81. That the judicial power of the Territory shall be vested in Thciudiciary- one supreme court, circuit courts, and in such inferior courts as the legislature may from time to time establish. And until the legislature shall otherwise provide, the laws of Hawaii heretofore in force concerning the several courts and their jurisdiction and procedure shall continue in force except as herein otherwise provided. I SUPREME COURT., Supreme Court. Sec. 82. That the supreme court shall consist of a chief justice and —cf what to consist. two associate justices, who shall be citizens of the Territory of Hawaii and shall be appointed by the President of the United States, by and with the advice and consent of the Senate of the United States, and may be removed by the President: Provided, however, That in case of the dis- P¤·v~iS<>· _ _ qualification or absence of any justice thereof, in any cause pending Abs°°°° °f°°Su°°S` before the court, on the trial and determination of said cause his place shall be filled as provided by law. LAWS CONTINUED IN Foncn. Sec. 83. That the laws of Hawaii relative to the judicial department, fofggvs <=°¤“¤¤€d in including civil and criminal procedure, except as amended by this Act, ` are continued in force, subject to modification by Congress, or the legislature. The provisions of said laws or any laws of the Republic _—;g*j§5· 0, cumin of Hawaii which require juries to be composed of aliens or foreigners prowiisions. only, or to be constituted by impaneling natives of Hawaii only, in civil and criminal cases specified in said laws, are repealed, and alljuries shall hereafter be constituted without reference to the race or place of nativity of the jurors; but no person who is not a male citizen -q¤a1mcmo¤s. of the United States and twenty-one years of agle and who can not understandingly speak, read, and W1'ltB the Englis language shall be a qualihed juror or grand juror in the Territory of Hawaii. No person shall be convicted in any criminal case except by unanimous verdict of the jury. No plaintiff or defendant in any suit or proceeding -¤ro¤em¤eo¤1y,o¤o. in a court of the Territory of Hawaii shall be entitled to a trial by a jury impaneled exclusively from persons of any race. Until otherwise -gmm1 juries. provided by the legislature of the Territory, grand juries may be drawn in the manner provided by the Hawaiian statutes for drawing petty juries, and shall sit at such times as the circuit judges of the respective circuits shall direct; the number of grand jurors in each circuit shall be not less than thirteen, and the method of the presentation of cases to said grand `urors shall be prescribed by the supreme court of the Territory of Ifawaii. The several circuit courts may subpoena witnesses to appear before the grand jury in like manner as they subpoena witnesses to appear before their respective courts. DISQUALIFICATION BY RELATIONSHIP, PEGUNIAHY INTEREST, on PREVI- ous .1Unc.m·1x·r. Sec. 84.. That no person shall sit as a judge or juror in any case in _ lgiggualificauou of which his relative by affinity or by consanguinity within the third Ju *°“ Or Ju"`