All laws of the Canal Zone which existed August 24, 1912 and which governed practice and procedure of the courts then existing are applicable and adapted to the practice and procedure in both these courts; but not as regards bills of exceptions, writs of error and appeals.5 The practice in this District court is regulated by the Code of Civil Procedure for the Canal Zone promulgated by the President. The executive order of the President issued August 14, 1919 provides amongst other things: "The plaintiff in any civil suit, or special proceedings, may be ruled to give security for the costs upon motion of the defendant, or of any officer of the court interested in the costs accruing in such suit; and if such rule be entered against the plaintiff and he fail to comply therewith, within the time prescribed by the court or judge thereof, the suit shall be dismissed.'' 6 This leaves the making of the rule in the discretion of the District court.7 The Act against Trading with the Enemy provides: "The several courts of the first instance in the Philippine Islands and the District Court of the Canal Zone shall have jurisdiction of offenses committed within their respective districts, and concurrent jurisdiction with the district courts of the United States of offenses under this Act committed upon the high seas and of conspiracies to commit such offenses as defined by section thirty-seven of the Act entitled 'An Act of codify, revise, and amend the penal laws of the United States,' approved March fourth, nineteen hundred and nine, and the provisions of such section for the purpose of this Act are hereby extended to the Philippine Island and to the Canal Zone."8 § 71. Jurisdiction of District Court of Hawaii. The District Court of Hawaii has jurisdiction of all cases cognizable in a District Court of the United States, and it proceeds therein in the same manner as a District Court of the United States. The laws of the United States relating to juries and jury trials are applicable to this court. The laws of the United States, relating to appeals, writs of error, removal of causes, and other 437 St. at L. 565; Comp. St., § 10045. 5 Promulgated March 22, 1907, government printing office, Washington, A. D. 1907. 6 Panama R. Co. v. Curran, C. C. A., 256 Fed. R. 768, 770. 7 Ibid. 8 Act of October 6, 1917, which prohibits Trading with the Enemy. 40 St. at L. 425, § 18, Comp. St., § 3115ii. matters and proceedings, as between the State and Federal courts, govern in such matters and proceedings between the courts of the United States and the courts of the Territory of Hawaii, Until the Act of June 14, 1900, which formally incorporated the Territory of Hawaii, there was no right to a grand jury, nor to the unanimous verdict of a petit jury, in Hawaii. Where a will provides that vacancies in the board of trustees therein created should be filled "by the choice of a majority of the justices of the Supreme Court"; it was held: the power of appointment was conferred upon the justices of the Supreme Court as individuals and not in their official capacity. The Territory of Hawaii is exempt from suit without its consent.5 The Hawaiian statute which, as construed by the Supreme Court of the Territory, holds that, after garnishee process a summons may be served upon a non-resident defendant by leaving a copy at the place where he last had stopped in the Hawaiian Islands; is constitutional.6 vince $72. Jurisdiction of the Supreme Court and other courts of the Philippine Islands. The Acts of the Philippine Commission provide: "Courts of justice shall be maintained in every proin the Philippine Islands in which civil government is established; which courts shall be open for the trial of all causes proper for their cognizance, and justice shall be therein impartially administered without corruption or unnecessary delay. >> "The judicial power of the Government of the Philiplands shall be vested in a Supreme Court, Courts of Instance, and courts of justices of the peace, together Such special jurisdictions of municipal courts and other tribunals as now are or hereafter may be authorized The two courts first named shall be courts of record." 2 131 St. at L. 158. pine 1 I First with special by law. 83. $71 231 St. at L. 141. See §§ 5 and 3 Hawaii v. Mankichi, 190 U. S. Sup. Ct. 787, 47 L. ed. 1016. 197, 23 See Dorr Sup. Ct. v. U. S., 195 U. S. 138, 24 808, 49 L. ed. 129. Bishop's Estate, C. C. A., A Re 250 Fed. 145. Kawananakoa v. Polyblank, 205 C.S. 349. See infra, § 95. 6 Herbert v. Bicknell, 233 U. S. 70. § 72. 1 § 2160, Compilation Acts of the Philippine Commission 1908, Part VIII. the Judiciary, Title 39, Ch. 207. 2 § 2161, Compilation Acts of the Philippine Commission 1908, Part VIII. the Judiciary, Title 39, Ct. 207. See Act of July 1, 1902 (32 St. at L. 691, 695). "Chap. 1369.An act temporarily to provide for the administration of the affairs of civil government in the Philippine "The interlocutory jurisdiction referred to in the previous sections of this chapter shall be held to include the hearing of all motions for appointment of receiver, for temporary injunctions, and for all other orders of the court which are not final in their character and do not involve a decision of the case pending upon its merits. The interlocutory jurisdiction shall also include the hearing of petitions for the writ of habeas corpus, applications for bail, the holding of preliminary examinations, and such orders in criminal causes as do not involve a final sentence of conviction or judgment of acquittal. The interlocutory jurisdiction shall also include the power of appointing notaries public, as provided in section thirty-three hundred and seventy-seven hereof."3 "The Supreme Court shall consist of a Chief Justice and six associate judges, any five of whom when convened shall form a quorum, and may transact any of the business of the court; but in the absence of a quorum the member or members present may adjourn the court from time to time with the same effect as if all were present. The concurrence of at least four members of the court shall be necessary to pronounce a judgment. The word 'judges' or 'judges of the Supreme Court' when used in this title shall include the Chief Justice.” 4 "The Supreme Court shall sit in bane as a body composed of all its members, and the Chief Justice shall be the presiding officer thereof. In case of his absence at a session of the court, the judge present next in seniority to the Chief Justice shall preside. The seniority of the associate judges shall be determined by the dates of their respective com islands, and for other purposes.'' * $9. That the Supreme Court and the court of first instance of the Philippine Islands shall possess and exercise jurisdiction as heretofore provided and such additional jurisdiction as shall hereafter be prescribed by the government of said Islands, subject to the power of said government to change the practice and method of procedure. The municipal courts of said Islands shall possess and exercise jurisdiction as heretofore provided by the Philip- 3 § 2164 (d), Compilation Acts of 4 § 2169, Compilation Acts of the Philippine Commission 1908, Part VIII. the Judiciary, Title 39, Ch. 208. 1 missions.” 5 The Supreme Court shall have original juris diction to issue writs of mandamus, certiorari, prohibition, habeas corpus, and quo warranto in the cases and in the manner prescribed in title forty-one hereof, and to hear and determine the controversies thus brought before it, and in other cases provicled by law."6"The Supreme Court shall have appellate jurisdiction of all actions and special proceedings properly brought to it from Courts of First Instance, and from other tribunals from whose judgment the law shall specially provide an appeal to the Supreme Court." "The Supreme Court shal 1 have power to issue writs of certiorari and all other auxliary writs and process necessary to the complete exercise of its original or appellate jurisdiction." 8 "There shall be in each province a Court of First Instance, in each of which a judge shall preside. Each judge shall preside in all Courts of First Instance in his judicial district, which shall consist of such provinces as shall be by law designated to constitute such judicial district. But this section shall not apply to the city of Manila." "There shall be one Court of First Instance for the city of Manila, with three judges who shall preside in such court in separate court rooms. The judges of said court be removed by the Governor-General, by and with the approval of the Commission. Actions brought in the Court of Istance for the city of Manila shall be equally apporfor trial among the judges thereof in accordance with rules to be made by the judges of the Supreme Court. Any pportioned to one judge may be tried by another judge more convenient to the judges." 10 The jurisdiction may First tion ec action when I of Courts of First Instance shall be of two kinds: (a) Original; and (b) Appellate."1 "Courts of First Instance shall have original jurisdiction: (a) In all civil actions in which the subject of litigation is not capable of pecuniary estimation; (b) In all civil actions which involve the title to or possession of real property, or any interest therein, or the legality of any tax, impost, or assessment, except actions of forcible. entry into and detainer of lands or buildings, original jurisdiction of which is by law conferred upon courts of justice of the peace; (c) In all cases in which the demand, exclusive of interest or the value of the property in controversy, amounts to two hundred pesos or more; (d) In all actions in admiralty and maritime jurisdiction, irrespective of the value of the property in controversy or the amount of the demand; (e) In all matters of probate, both of testate and intestate estates, appointment of guardians, trustees, and receivers, and in all actions for annulment of marriage, and in all such special cases and proceedings as are not otherwise provided for; (f) In all criminal cases in which a penalty of more than six months' imprisonment or a fine exceeding two hundred pesos may be imposed; (g) Said courts and their Judges, or any of them, shall have power to issue writs of injunction, mandamus, certiorari, prohibition, quo warranto, and habeas corpus in their respective provinces and districts, in the manner provided in title forty-one hereof; (h) Of all crimes and offenses committed on the high seas or beyond the jurisdiction of any country, or within any of the navigable waters of the Philippine Islands, on board a ship or water craft of any kind registered or licensed in the Philippine Islands in accordance with the laws thereof. The jurisdiction herein conferred may be exercised by the Court of First Instance in any province into which the ship or water craft upon which the crime or offense was committed shall come after the commission thereof: Provided, nevertheless, That the court first lawfully taking cognizance thereof shall have jurisdiction of the same to the exclusion of all other courts in the Philippine Islands.'' 12 The several courts of 209. Garcia v. Ambler, 4 Phil. Rep. 81. 11 § 2204, Compilation Acts of the Philippine Commission 1908, Part VIII. the Judiciary, Title 29, Ch. 209. 12 § 2205, Compilation Acts of the Philippine Commission 1908, Part |