ARTICLE II. Of the Internal Trade and Commerce.

 

The Coasting Trade.

 

§49.  The Collector-General of Customs, under the direction of the Minister of the Interior, shall grant a coasting license for one year, to any Hawaiian registered vessel, the owner of which shall have applied to him in writing, setting forth the vessel’s name, with the date and number of her register, which license shall be in such form as may be approved by the Minister of Interior.

 

§50.  The said Collector-General of Customs shall charge for every coasting license, the sum of one dollar per ton register upon vessels of every class up to and including twenty-five tons, and fifty cents for every additional ton over twenty-five tons; and upon granting any such license, he shall exact of the owner a bond, with at least one sufficient surety, to be approved by said Collector, in the penal sum of five hundred dollars, in such form and upon such conditions as may be approved by the Minister of the Interior..

 

§51.  Any vessel which shall engage in the coasting trade of this kingdom, without a license, shall be liable to seizure, confiscation and sale, for the benefit of the King’s treasury.

 

§52.  The Minister of the Interior shall have power, under the approval of the King, to establish rules for the guidance and government of all vessels engaged in the coasting trade; and in case any such vessel shall violate any of the said rules, he shall have the power to annul its license.

 

§53.  The said Minister may, at any time, impress any licensed coaster into the public service upon a just compensation, to be afterwards assessed by the Court of Admiralty of this kingdom.

 

§54.  All vessels engaged in the coasting trade shall carry the inter-island mails free of charge,* under such regulations as may from time to time be provided by law, or prescribed by the Minister of the Interior, upon pain of forfeiting their licenses.

           

*May be compensated, §402, as amended.

Note. – Act relating to Liens on domestic ships and vessels, 1870, Ch. VI.

 

§54 A.  All such vessels shall carry to and from such ports or places as they may be engaged in trading to or from, all passengers required to be carried, by the Board of Health, or its authorized agent or agents, to be carried on board of such vessel, on payment of the usual and reasonable passage money, upon pain of forfeiting their licenses.

 

§55.  No vessel shall engage in the coasting or carrying trade having on board any spirits, wines, stores, or articles of merchandise which have not paid the legal duties in this kingdom, under penalty of not less than fifty, nor more than one thousand dollars, in the discretion of the Court.

 

OF LICENSES.

 

TO VENDORS OF GOODS, WARES AND MERCHANDISE.

 

§56.  The Minister of the Interior shall grant to any person applying therefore in writing, a license to sell goods, wares, and merchandise at wholesale, for the term of one year; such application shall contain a statement of the average monthly receipts of the applicant from sales at wholesale during the preceding twelve months, and if the applicant shall (not) have previously held a license to sell by wholesale, then a statement of the expected average monthly sales at wholesale during the succeeding twelve months; such application shall be verified by the oath of the applicant, if required by the Minister.  The amount to be paid by such applicant for a wholesale license shall be as follows: if the amount of the average monthly sales shall not exceed three thousand dollars and shall not exceed six thousand dollars, the annual license shall be one hundred and fifty dollars, and an additional sum of fifty dollars for every three thousand dollars or fractional part thereof.

 

To Regulate the Licensing of Commercial Traveling Agents

from Foreign Countries doing Business in this Country

 

Section 1.  From and after the passage of this Act no person, agent or representative of any foreign commercial or manufacturing house, company or corporation, shall be licensed or permitted to sell goods, wares, or merchandise in the Hawaiian Islands without filing with the Minister of the Interior a statement, giving the name of such foreign house, company, or corporation; also stating the place of domicile of such foreign house, company, or corporation, and the line of trade or manufactures in which it is engaged. Upon filing such statement, duly verified, the Minister of the Interior shall, upon application of such person or agent, and upon payment of five hundred ($500) dollars, grant a license to the applicant for a period of one (1) year to sell goods, wares, and merchandise in Honolulu, Island of Oahu.  And upon any such person or agent of any foreign house, company, or corporation filing a statement with the Minister of the Interior, duly verified, as by this Act hereinbefore provided, and upon payment of two hundred and fifty ($250) dollars, the Minister of the Interior shall issue a license to such applicant for a period of one (1) year to sell good, wares, and merchandise in any other city, town, or district in the Hawaiian Islands, Honolulu excepted.  Provided, that no license granted under the provisions of this Act shall permit any person, agent, or representative to sell the goods, wares, or merchandise of more than one house, company or corporation; and no license so granted shall be transferable.

 

Section 2.   Any person, agent, or representatives selling goods, wares, and merchandise of any foreign house, company, or corporation in the Hawaiian islands without first obtaining a license as herein provided, shall be subject to arrest and prosecution, and, upon conviction, be fined five hundred ($500) dollars.  any person, age and, or representatives who shall make it a fair fight false statement to the Minister of the interior has to the name horn docile, or character of Trade, merchandise, or manufacturers of the House, company or corporation-he represents, shall be deemed to guilty of perjury, and, upon conviction thereof, be punished for a offense of perjury, as now provided by law.

 

Section 3.   All laws, or parts of laws, inconsistent herewith are hereby and herewith repealed.

 

Approved this 7th day of August, A.D. 1882.

 

§57.   Said Minister shall also grant a license to any person applying and therefor, in writing, to sell goods, wares and merchandise at retail for the term of one year; and each person receiving such license shall pay therefor the sum of fifty dollars.

 

§58.  Repealed 23d, June, 1868.

 

§59.  Every application for a license to sell goods, wares and merchandise at wholesale or retail, shall state the location of the applicant’s place of business, and the kind of articles he intends to sell.

 

§59a.  No person or persons holding any license whatever within this kingdom shall permit or allow any transient or other agent to work under their names or license, under penalty of forfeiture of such license.

 

§60.  No person holding a license to sell goods, wares and merchandise at wholesale, unless he also holds a license to sell the same at retail, shall sell such articles otherwise than by the entire box, bale, sack, case, basket, crate, barrel, or cask; or, if dry goods, by the piece; or, if sold by none of the way above enumerated, then by the hundred pounds; and no person holding only a license to sell goods, wares and merchandise at retail, shall sell the same except in quantities less than those above specified.

 

§61.  All licenses to sell goods, wares and merchandise, whether at wholesale or retail, shall contain a condition that the licensee shall not sell or furnish opium or any preparation thereof, nor any poisonous drug; without license obtained according to law, under pain of the forfeiture of his license, and incurring the penalty prescribed by the law for that offence; and that he shall not sell or furnish spirituous liquors or other intoxicating drinks, without express license therefor obtained according to law, upon pain of forfeiting his license and incurring such penalties as the law may from time to time prescribe for selling or furnishing liquors, or other intoxicating drinks, without license.

 

§62.  Every person who shall sell any goods, wares or merchandise of foreign product or manufacture without license, or in contravention of Section 60, shall be fined in a sum not exceeding five hundred dollars, or in default of payment, imprisoned at hard labor not exceeding six months, in the discretion of the Court.

 

§63.  Every license to sell goods, wares and merchandise, shall be signed by the Minister of the Interior, and impressed with the seal of his department; and shall state the place or limits within which the licensee may sell.  No such license shall be transferable.

 

TO AUCTIONEERS.

 

§64.  The Minister of the Interior may at any time, license for the term of one year, one or more suitable persons, except subjects of countries with which there are no treaties, in each taxation district, to be public auctioneers within the respective districts for which they receive their license.

 

§65.  The price of an Auctioneer’s License for the District of Honolulu, Oahu, shall be the sum of five hundred dollars, and not less than one-half of one per cent. on each sale made, and for the other districts the price shall be such a per centage on the sale made as the Minister of the Interior shall deem reasonable, not to exceed one per cent.

 

§66.  Every Auctioneer shall, upon receiving his license, give a bond to the Minister of the Interior in the penal sum of three thousand dollars, if the license be for the District of Honolulu, Oahu, and in the penal sum of five hundred dollars for other Districts of the Hawaiian Islands, with good and sufficient surety or sureties to be approved by the Minister of the Interior, conditioned that he shall render a faithful account of all his sales according to law; that he shall pay quarterly to the Minister of the Interior the amount of per centage established by his license; that he will at no time make default in paying over to parties for whom he may have sold property the sums receive by him from such sales, after deducting therefrom his commissions and expenses, and that he shall, in all things, well and truly conform to the laws relating to auctioneers.

 

§67.  Every licensed auctioneer may charge a commission of not more than five per cent. upon all sales made by him, and deduct such commissions from any of the proceeds of such sales; and he may sue in his own name any person purchasing property sold by him at auction for the price thereof, whether such property were his own or that of another; and his evidence shall be admissible in any suit so brought by him.

 

§68.  Every licensed auctioneer shall, quarterly, under oath, render to the Minister of the Interior a faithful written account of the whole amount of property sold by him, together with his commissions thereon; and every such auctioneer shall, quarterly, pay over such a percentage to the said Minister, as may be specified by the terms of his license; in default of which said Minister shall have power to revoke or suspend his license.

 

§69.  Nothing in this article, or any law relating to auctioneers, shall extend to or affect sales made by any sheriff, deputy sheriff, constable, pound-master, collector of taxes, executor, administrator, or guardian, required or authorized by law, to sell any real or personal estate by public auction.

 

§70.  Every person, other than those mentioned in Section 69, who shall sell any property at auction, without first obtaining a license, shall be fined in a sum not exceeding one thousand dollars, or imprisoned at hard labor nor exceeding six months in the discretion of the Court.  Nothing in this section contained shall be construed to extend any apply to any person appointed by any auctioneer to act on his account, provided such person shall be a Hawaiian subject; and further, that said auctioneer shall be responsible for his acts as such agent.

 

§71.  Every auctioneer’s license shall be signed by the Minister of the Interior, and impressed with the seal of his department, and shall state the limits within which the licensee may act as auctioneer.  No such license shall be transferable.

 

TO KEEPERS OF HOTELS AND VICTUALING HOUSES.

 

§72.  The Minister of the Interior may grant a license to any person applying therefor, in writing, to keep a hotel or victualing house for the term of one year, upon receiving the sum of fifty dollars.

 

§73.  Upon receiving a license to keep a hotel or victualing house, the licensee shall give to the Minister of the Interior a bond, in the penal sum of five hundred dollars, with sufficient surety or sureties to be approved by said Minister, conditioned that he will not sell or furnish any spirituous liquor, without license; that he will not keep, or suffer to be kept, a noisy or disorderly house; that he will not suffer prostitutes to assemble together at his hotel, or victualing house, or in any building connected therewith, for any purpose whatsoever; that he will not harbor or conceal deserting sailors; that he will not keep his house open after ten o’clock at night; and he will at all times give free access thereto to any officer of the police for inspection; and that he will, in all things, conform to the terms of his license, and the laws respecting hotels and victualing houses.

 

§74.  Every keeper of a hotel or victualing house shall, at all times, have a board or sign affixed to his house, or some conspicuous place near the same, with his name at large thereon, and the employment for which he is licensed, under penalty of being fined twenty-five dollars.

 

§75.  No keeper of a hotel or victualing house shall suffer any person, in or about the same, to practice gaming with any dice, cards, bowls, billiard, quoits, or other implements used in gaming, under penalty of being fined twenty-five dollars.

 

§76.  Every license to keep a hotel or victualing house shall be signed by the Minister of the Interior, and impressed with the seal of his department; and no such license shall be transferable.

 

§77.  Every person who shall keep a hotel or victualing house without license, shall be fined not exceeding one hundred dollars, or be imprisoned at hard labor not exceeding six months, in the discretion of the Court.

 

TO KEEPERS OF BILLIARD TALBLES AND BOWLING ALLEYS.

 

§78.  The Minister of the Interior may grant a license to keep a bowling alley, or billiard table, to any person applying therefor, in writing, for the term of one year, upon receiving the sum of twenty-five dollars for every such table or alley.

 

§79.  The said Minister shall have power to prescribe such rules and regulations for the keeping of billiard tables and bowling alleys, as he may deem necessary and proper for the public good; and the violation of any such rules shall work a forfeiture of the license.

 

§80.  No keeper of a billiard table or bowling alley shall suffer the same to be used on Sunday; nor allow any gaming on such table or alley, under penalty of being fined twenty-five dollars.

 

§81.  Every license to keep a billiard table or bowling alley shall be signed by the Minister of the Interior, and impressed with the seal of his department; and no such license shall be transferable.

 

§82.  Every person who shall keep a billiard table or bowling alley without license, shall be fined not exceeding one hundred dollars, or be imprisoned at hard labor not exceeding six months, in the discretion of the Court; provided, that nothing in this section contained shall be construed as extending to any billiard table or bowling alley kept by any person for private use.

 

TO VENDORS OF OPIUM AND OTHER POISONOUS DRUGS.

 

Note.  Sections 83-86 repealed in 1860.  See 1874, Ch. LVI., Act to restrict the importation and sale of opium, and 1880, Ch. XXV. Act concerning the sale of Drugs.

 

TO VENDORS OF AWA.

 

Note.  Sections 87-91 transferred to Penal Code Ch. LV., Sec. 1-5, and thereafter amended by Act 1876, Ch. V. and 1878, Ch. VI.

 

TO VENDORS OF BEEF.

 

§92.  The Minister of the Interior may at any time license for the term of one year, any applicant to slaughter and sell beef, either in Honolulu, Ewa, Waianae, Waialua, Koolauloa, Koolaupoko, Island of Oahu; Lahaina, Wailuku, Makawao, Hana, Kipahulu, Island of Maui; in the Island of Molokai; Hilo, Hamakua, Kohala, North Kona, South Kona, Kau, Puna, Island of Hawaii; Koloa, Lihue, Kawaihau, Hanalei, Waimea, Island of Kauai; upon receiving for such license the sum of twenty dollars; provided, however, that this section shall not be held to apply to salted or corned beef, brought from other parts of the Kingdom.

 

§93.  Upon granting such a license, said Minister shall exact of the applicant a bond in the penal sum of two hundred dollars, with good and sufficient surety, to be approved by said Minister, conditioned that such applicant will keep a full and accurate register of the brands of every animal which he shall kill or sell; together with the name of the owner, the name of the person or persons who deliver the animal; with the date when delivered and when killed; and that he will at all times keep said register ready and open for the inspection and information of all who may desire to examine the same.

 

§94.  Whoever shall slaughter or sell beef in Honolulu, Ewa, Waianae, Waialua, Koolauloa, Koolaupoko, Island of Oahu; Lahaina, Wailuku, Makawao, Hana, Kipahulu, Island of Maui; the Island of Molokai; Hilo, Hamakua, Kohala, North Kona, South Kona, Kau, Puna Island of Hawaii; without first obtaining a license therefore as provided in Section 1 of this Act, shall be subject to a fine of not less than ten nor more than twenty-five dollars for each offence, in the discretion of the Court.

 

§95.  Every license to slaughter and sell beef shall be signed by the Minister of the Interior, and impressed with the seal of his department; and no such license shall be transferable.

 

TO THEATRES, CIRCUSES AND PUBLIC SHOWS.

 

§96.  The Minister of the Interior may license any theatre, circus, Hawaiian hula, public show, or other exhibition, not of an immoral character, to which admission is obtainable by the payment of money, for such time, not exceeding one year, and upon such terms and conditions as he may think reasonable, and that a fee of not less than five dollars shall be required for each performance licensed; provided that this section shall not be construed to required the Minister of the Interior in all cased to exact a fee for lectures or entertainments of a strictly intellectual character; and provided, also, that when the performance is one of a series, a license may be granted, in the discretion of the Minister of the Interior, for the series of performances, upon payment of not less than ten dollars for each week.

 

§97.  The Chief of Police in any town or district where any theatre, circus, Hawaiian hula, or other public show shall be exhibited, may regulate the same in such manner as he shall think necessary for the preservation of order, decorum, and the public peace or morals.

 

§98.  Any person who shall set up or promote any such theatre, circus, Hawaiian hula, show or exhibition, or shall publish or advertise the same, or otherwise aid or assist therein, without a license first obtained as provided in Section 96, or contrary to the terms and conditions of such license, or while the same is suspended, or after the same shall have expired, without obtaining a new license, shall be fined a sum not exceeding three months, in the discretion of the Court.

 

§99.  Repealed 1870, Ch. XIX.

 

§100.  Every license for a theatre, circus, Hawaiian hula, or other public show or exhibition, shall be signed by the Minister of the Interior, and impressed with the seal of his department; and no such license shall be transferable.

 

TO BOATS.

 

§101.  The Minister of the Interior may grant a license to ply boats for hire in the harbor of Honolulu, Lahaina or Hilo for the term of one year, upon receiving for the boats for the harbor of Honolulu, twelve dollars for every boat with four or more oars, and eight dollars for every boat with less than four oars; and for the boats for the harbors of Lahaina and Hilo, eight dollars for every boat with four or more oars, and four dollars for every boat with less than four oars.

 

§102.  The owner of any boat duly licensed for the harbor of Honolulu, shall be entitled, if hired on time, to charge one dollar for each passenger for the first hour, and fifty cents for each succeeding hour, if the boat have four or more oars; and only half of these fares if the boat have less than four oars.

 

If hired by distance, twenty-five cents for each passenger to and from any ship or point between the inner and outer buoys; fifty cents to and from any ship or point between the inner and outer buoys; and two dollars to and from any ship or point in the anchorage outside of the buoys, if the boat have four oars; and only half of said fares if the boat have less than four oars:  Provided always that, if the boat shall be detained by any passenger alongside of any ship or at any point over fifteen minutes, the owner shall be entitled to charge fifty cents additional for every half hour of such detention.

 

§103.  Any person plying a licensed boat who shall refuse to take a passenger at the rates prescribed in the preceding section, or who shall charge any person more than said rates, shall be fined five dollars.

 

§104.  Every person hiring any such boat shall be entitled to carry with him, free of charge, one hundred pounds of luggage or goods, and no more, and for all extra luggage or goods he shall pay according to agreement with the person plying the boat.

 

§105.  If any person plying a licensed boat shall knowingly convey any woman on board of any vessel for the purpose of prostitution, or any person flying from the Kingdom to escape justice, or the payment of his debts, or shall assist with his boat any sailor deserting from any vessel, or shall communicate with any vessel placed under quarantine, such boat shall be forfeited upon satisfactory proof before any Police or District Justice.

 

§106.  The owner of any licensed boat shall, upon the written order of the Minister of the Interior, furnish such boat, with the proper number of oarsmen, for the public service, at the rate of four dollars per day for any boat with four oars, and two dollars per day for any boat with less than four oars, under a penalty of not more than fifty dollars, in the discretion of the Court.

 

§107.  Any boat plying for hire in the harbor of Honolulu, or Lahaina, without being licensed, shall be forfeited upon satisfactory proof before any Police or District Justice.

 

§108.  The owner of any licensed boat shall have and keep the number of her license painted, conspicuously, upon both her bows, under the penalty of five dollars.

 

§109.  All such licenses shall be signed by the Minister of the Interior, numbered according to the respective dates of their issue, and impressed with the seal of his department.  No such license shall be transferable.

 

TO LETTERS OF HORSES.

 

§110.  The Minister of the Interior may grant a license for one year, to any person for the letting of horses, to be used either under the saddle or in harness, in Honolulu or Lahaina, upon receiving five dollars for every horse intended to be let by the applicant; and the number of horses shall be prescribed in the license.

 

§111.  Every such license shall be numbered consecutively, and shall contain a proviso to the effect that the licensee shall not let any of his horses to be used on Sunday, under a penalty of five dollars for each horse so let.

 

§112.  Every licensee shall cause the number of his license to be legibly marked and exhibited on the brow band of the bridle of each horse let by him, under the penalty of five dollars for each horse not so numbered.

 

§113.  If any person shall let a horse to another, who is at the time in a state of intoxication, and allow such a person to mount and ride off, he shall be fined five dollars.

 

§114.  It shall be the duty of every person letting a horse, to caution the person hiring the same against fast riding, under a penalty of five dollars.

 

§115.  All horses kept for hire shall be liable to be called into the public service, upon the written order of the Minister of the Interior, fully equipped by the owners thereof, and such owners shall be entitled to receive, for the service of each horse, the sum of two dollars per day.

 

§116.  Any person letting a horse for hire, in Honolulu or Lahaina, without a license, shall be fined in the sum of ten dollars.

 

§117.  Every license for the letting of horses shall be signed by the Minister of the Interior, and impressed with the seal of his department; and no such license shall be transferable.

 

TO KEEPERS OF STALLIONS

 

Sections 118 and 119 of the Civil Code as amended by an Act approved on the twenty-second day of June, 1868, entitled “An Act to amend Sections 118, 119 and 120 and to repeal Section 121 of the Civil Code,” shall be and the same are hereby repealed.

 

§120.  Every person on whose land any stallion of twelve months old or upwards shall be found trespassing, may sue for and recover, before any Police Magistrate or District Justice, the sum of ten dollars for every such trespass, from the owner of any such stallion exclusive of the costs of such suit; and in case the stallion shall be unbranded, or in case the owner cannot be discovered within five days from the time when such stallion shall have been found trespassing, then any owner of land on which any such stallion shall be found trespassing, shall be authorized to castrate such stallion, at the risk of the owner thereof.

 

§121.  Repealed 1868, June 22nd.

 

TO MANUFACTURERS OF WINE.

 

§122.  The Minister of the Interior is hereby authorized to grant licenses for the manufacture of wine, provided the applicant for such license shall first file with said Minister a bond in the following form, with one good and sufficient surety:

 

KNOW ALL MEN BY THESE PRESENTS, that we ______ principal and ______ surety, residing at ______, in the island of _______, Hawaiian Islands, are held and firmly bound unto _______, Minister of the Interior, and to his successors in office, in the penal sum of five hundred dollars, to be levied of our respective joint and several property, in case the condition herein set forth shall be violated.  For the faithful payment of which we hereby pledge ourselves, our heirs, executors and administrators.

Signed with our hands and sealed with our seals, this _______ day of _______, A.D. 18____

The condition of this obligation is, that whereas the said _______, principal, has this day obtained a license to manufacture wine out of grapes of Hawaiian growth, for the term of ten years from this date; now if he shall not manufacture wine out of grapes grown in any foreign country; if he shall not manufacture any brandy, rum, or other spirituous liquors; if he shall, on or before the last day of December in each year, furnish the Minister of the Interior with a correct statement, in writing, of the quantity of wine manufactured by him during the past year, and of quantity sold, and still on hand, then this obligation to be void; otherwise, upon proof being made to the satisfaction of any Police or District Justice, of the violation of any or all of the above conditions the penalty mentioned in the above bond shall be forfeited for the behalf of the Royal Exchequer.

(L.S.)  _______  _________, Principal

(L.S.)  _______  _________, Surety.

 

§123.  Before granting such license, the Minister of the Interior shall demand and receive at the hands of the applicant, for the benefit of the Royal Exchequer, the sum of fifty dollars, besides the customary charges for blanks and stamps.

 

§124.  Whoever shall manufacture wine for sale without first obtaining a license as prescribed in this article, shall, on conviction thereof, before any Police or District Justice, be liable to the fines and penalties prescribed in the second section of the 42d chapter of the Penal Code.

 

§125.  Any person obtaining a license to manufacture wine, shall be at liberty to sell domestic wine of his own manufacture, to any person, in such quantity and at such place as he may desire, and shall not be liable for such selling to the penalty prescribed by law for selling spirituous liquors without license.

 

GENERAL PROVISIONS.

 

§126.  No license granted to any retail vendor of goods, wares and merchandise, shall be construed to authorize the sale of alcohol, cologne, lavender, or any other alcoholic preparation under the name of perfumery, to be used as a beverage.  The absence of the usual qualities of perfumery in any such preparation, shall be regarded, if the same is sold to be used as a beverage, as conclusive evidence of an intention to evade the laws relating to the retail vending of spirituous liquors.

 

§127.  No victualing house or hotel license shall authorize the sale of peaches, cherries, or other fruits preserved in brandy or spirits of any kind, to be used on or about the premises for which such license is granted.  Any such use shall be held as presumptive evidence of an intention to evade the laws relating to the retail vending of spirituous liquors.

 

§128.  Any person offending against the provisions of the last two preceding sections, shall be subject to a fine of not less than ten, nor more than fifty dollars for each offense.  The Court, in its discretion, may add imprisonment at hard labor for a term not exceeding thirty days.

 

All spirituous liquors imported under the name of perfumery or preserved fruits, with the intention of evading the laws relating to duties, shall be liable to seizure, condemnation and sale, for the benefit of the public treasury.

 

 

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