APPEALS.

SECTION 48. All appeals from any decision of the Board of Commissioners to Quiet Land Titles, and all appeals from any Circuit, Police or District Justices Court that may now be taken to either the Supreme or Superior Court under existing laws, shall hereafter lie and be taken to the Supreme Court provided for in this Act, subject to the rules prescribed therefor in the present Statutes. Provided always, that no appeal shall be taken from any Circuit Court to the Supreme Court, unless on questions of law.

SECTION 49. In all cases of appeal from any decision of the Board of Commissioners to Quiet Land Titles, on any question of fact, the parties shall be entitled to have the same tried by a jury, chosen as in other cases tried before the Court. Provided always, that whenever a jury shall fail to agree on a verdict on any such appeal on the first trial, the decision of the Board of Commissioners shall be confirmed unless the Court shall be unanimously of the opinion that a new trial should be granted. When a new trial shall be granted and a verdict is not agreed upon by the second jury, there shall be no further trial, and the decision of the Board of Commissioners shall stand confirmed.

SECTION 50. In the trial of any appeal from the Board of Commissioners to Quiet Land Titles, all the evidence taken before said Board shall be read to the Court and jury, and either party may submit such additional evidence to the Court and jury as may be legal and proper.

OF THE TRIAL BY JURY.

SECTION 51. All the provisions of existing Statutes in reference to jurors and the trial by jury shall continue in force and be applicable to the Supreme and Circuit Courts provided for in this Act, not only as to the selection and drawing of jurors, but in every other respect.

GENERAL PROVISIONS.

SECTION 52. The Minister of Finance is hereby authorized to pay all salaries and expenses provided for in this Act, out of the Treasury of the Kingdom, and the same are hereby appropriated. The appropriations now made for the salaries of the Justices and Clerk of the Superior Court shall cease from the day of the appointment of the

Justices and Clerk of the Supreme Court provided for in this Act, but the appropriations for the present Judges of the Supreme Court, viz: one hundred dollars each, shall continue and be paid until the expiration of their year.

SECTION 53. All the balance of appropriation for expenses of the Superior Court shall be drawn for by the Clerk of the Supreme Court and appropriated to the expenses of the Supreme Court provided for in this Act; and all appropriations for the expenses of the Circuit Court for the first judicial district, and stationery, shall be drawn by the Clerk of the Supreme Court and be by him disbursed.

SECTION 54. This Act shall take effect from and after the first Monday of December, eighteen hundred and fifty-two, and continue in force until approved or annulled by the Legislature.

Done at the Palace, this third day of December, A. D. 1852.

AN ACT

TO AMEND AN ACT ENTITLED "AN ACT TO AMEND THE LAW RELATIVE TO PASSPORTS," PASSED ON THE 24th JUNE, 1852.

Approved May 26th, 1853. BE IT ENACTED, by the King, the Premier and Chiefs, resident near His Majesty:

That the following be added to the 3d section of the said act, viz:

Provided always, that in all cases in which any Collector of Customs shall have refused and withheld a passport from any person on the ground of an alleged indebtedness to, or implication in any pending suit with any private person or persons, it shall be lawful for such Collector of Customs, upon the filing with him or his deputy of a sufficient bond with sureties in a sufficient amount at his discretion, by the party, from whom such passport shall be withheld, conditioned to abide the result of any suit or trial, and to pay the amount of any judgments rendered against him at suit of the party or parties at whose instance such passport shall have been withheld, to issue such passport to such party requiring the same.

This Act shall take effect on the day of its passage.

Done and passed at the Palace, in Honolulu, this third day of December, A. D. 1852.

AMENDMENT TO THE APPROPRIATION BILL.

Approved May 26th, 1853. WHEREAS, by the Appropriation Bill approved on the fifteenth day of July, A. D. 1852, it is provided that the Minister of Finance shall not allow or cause to be paid out of the Treasury any monies for any other objects or in any greater amounts than are provided in said Act, until after the passage of a new bill of appropriations, and whereas a contingency has happened in the destruction of a Government office, and may again happen before the next regular meeting of the Legislature, rendering it necessary that the several Departments of the Government should expend money not now appropriated to carry on the Government and fulfil its obligations: BE IT ENACTED, by the King, the Premier and Nobles resident near His Majesty:

SECTION 1. That twenty thousand dollars are hereby appropriated out of any monies in the Treasury, and hereby set apart as a contingent fund, to meet and pay, as far as may be required, the necessary expenses of the Government, not provided for in the appropriation bill approved on the 15th July, 1852.

SECTION 2. That it shall be lawful for the several Ministers of the Hawaiian Government, for the purpose of faithfully discharging the duties of their Departments and fulfilling the obligations of the Government, to make drafts on the Minister of Finance for such monies as they may think just and right, to be paid out of the contingent fund appropriated by the first section of this Act, in which they shall state the object to which the same is to be applied; and the Minister of Finance is hereby authorized and empowered to pay said drafts, provided the same are hereby approved by the Auditor of Accounts as just and right.

SECTION 3. This Act shall take effect from the day of its passage, and continue in force until approved or annulled by the Legislature. Done and passed at the Palace, this third day of Dec., A. D. 1852.

AN ACT

TO AMEND AN ACT TO REGULATE THE TONNAGE DUES AND OTHER CHARGES ON MERCHANT AND WHALING VESSELS.

Approved May 26th, 1853.

BE IT ENACTED, by the King, the Premier and Nobles resident near His Majesty:

SECTION 1. That section third and section seventh of "An Act to to regulate the tonnage dues and other charges on merchant and whaling vessels, passed July 6th, 1852, be and is hereby amended by striking out, whenever it occurs in said sections, "or passengers." SECTION 2. This Act shall take effect from the date of its passage. Done at the Palace, this 20th day of September, A. D. 1852.