ARTICLE IV—OF INTERNAL IMPROVEMENTS.

 

§167.  The Minister of the Interior shall be, and is hereby, charged with the superintendence and management of the internal improvements of the Kingdom; and he may, with the approval of the King in Privy Council, appoint an officer, to be styled the Superintendent of Public Works, to assist him in the discharge of this branch of his duties.

 

HIGHWAYS AND BRIDGES

 

§168.  The Minister of the Interior shall appoint a road supervisor for each taxation district of the Kingdom; provided always, that the same person may be appointed road supervisor for more than one district, whenever, in the opinion of said Minister, the public good will be promoted by such appointment.

 

§169.  The road supervisors shall, within their respective districts, have the direction of the public labor on roads, bridges, and all public highways, and disburse all road taxes, and moneys appropriated by the Legislature for roads, highways and bridges, under the instruction of the Minister of the Interior, to whom they shall respectively account for all moneys so expended, furnishing vouchers for the same.

 

§170.  The governors shall pay over to the road supervisor of each district of their respective islands, the amount of road taxes collected by the tax collector of such district, and shall also furnish said supervisor, with a copy of the tax collector’s list of all the people who have not paid the tax in money.

 

§171.  The road supervisor shall hold office for the term of two years, unless sooner removed by the Minister of the Interior, and shall receive such reasonable compensation as said Minister may deem just, to be paid out of such moneys as may be appropriated by the Legislature, from time to time, for that purpose.

 

Sections 172 to 179 and Section 183 repealed to Act to Amend the Statutes authorizing payment of road taxes by labor.  1878, Chapter XXI.

 

§180.  It shall be the duty of each road supervisor to surrender to his successor in office, all accounts and other papers relating to the office, and all public moneys he may have on hand, together with all implements belonging to the government which may be in his possession.

 

§181.  It shall be the duty of the several road supervisors, so far as practicable, to use part of the road labor at their disposal, in keeping the public roads clear of oi, kikania, wild indigo, and other noxious weeds and plants.

 

§182.  Upon a written complaint being brought before the Minister of the Interior, signed by at least twelve of the inhabitants, of any district, setting forth that the road supervisor of the district is guilty of a breach of the law, specifying the particular charges against such supervisor, it shall be the duty of said Minister to give such complaint a hearing, and upon proper cause being shown, to dismiss said supervisor from office.

 

“SECTION 1.  Section 184 of the Civil Code shall be amended, so as to read as follows:

   

“Upon the request of fifty or more tax payers of any district to the Minister of the Interior, that a new road, highway, or street be opened, or that an old road, highway, or street be shut up or widened or altered, or if it shall be made to appear to the Minister of the Interior in any other way, that any road, highway or street should be opened, widened or otherwise altered, the said Minister of the Interior shall request any Judge of a Court of Record to select a list of twenty-four names from among the legal voters of the district in which the improvement or alteration is contemplated, from which such Judge shall direct the Marshal of the Kingdom, or the Sheriff of the Island in which the improvement is contemplated, to draw a jury of six persons to decide on the propriety of the measure proposed, and the decision of such jury or a majority of them shall be certified immediately to the Minister of the Interior, who is hereby authorized and empowered to take action in accordance with such decision of such jury.”

   

“Section 2.  Section 185 of the Civil Code shall be amended so as to read as follows:

   

“In laying out, closing or widening any road or highway, respect shall be had to the private vested rights of property which any individual may have in the land affected by any such proposed work.  It shall be the duty of the Road Supervisor immediately after such proposed work shall be determined upon to cause notices to be posted along the line of such proposed new road, street or highway proposed to be closed, opened or widened or altered, advertising the fact and calling upon all parties interested therein to bring forward their claims to the nearest Circuit Judge, Police or District Justice, and it shall be the duty of such Judge or Justice to forward a list of all such claims to the Minister of the Interior.”

   

“Section 3.  Section 186 of the Civil Code shall be amended so as to read as follows:

   

“Upon the receipt of such claims, if the Minister of the Interior and the several claimants cannot agree upon the amount to be paid to such claimants, the said Minister shall appoint three disinterested persons as Commissioners, or may request any Judge of a Court of Record to cause a jury to be summoned and drawn in like manner as in the first Section provided, to assess the value of the private property, or such damage likely to be sustained by the owner or occupier of an land to be taken for the proposed improvement, whose decision or the decision of a majority of them shall determine the price to be given by the Government for such private property or for such damages as the case may be, and such commissioners or jury shall send a certified copy of their decision to the Minister of the Interior and another to the claimant.”

 

§187.  Upon delivery of said decision to the owner of the land, the property assessed shall revert to the Government for the public use intended, without further conveyance; and the holder of such decision shall present the same to the Minister of the Interior for adjustment, pursuant to the provisions of the next succeeding section.

 

§188.  The Minister of the Interior shall have the power to compound with the holder of any such decision, in any way he may deem most advantageous to the Government, by the substitution of other land, in lieu of that appropriated for the public good; and he shall have the power to draw upon the Minister of Finance, for the payment of any awards he may not have been able to cancel by substitution, out of any moneys which may have been appropriated for that purpose by the Legislature.

 

“Section 4.  And be it further enacted that all the provisions of the Act entitled ‘An Act to provide for the assessment of a part of the expense of constructing roads upon estates benefited thereby,’ approved the 8th day of July, 1870, shall be deemed and taken as applicable to the widening or altering of any road, street or highway, as in the previous Sections of this Act set forth and provided.  Provided, always, that the jury provided for in this Act shall be taken and held to have the same powers and authority as the Commissioners provided for in the aforesaid Act, passed on the 8th day of July, 1870.”

 

TO PROVIDE FOR THE ASSESSMENT OF A PART OF THE EXPENSE OF CONSTRUCTING ROADS UPON ESTATES BENEFITTED THEREBY.

 

“Section 1.  Whenever a Commission shall be appointed within the electoral district of Honolulu and Hilo, pursuant to the provisions of the 186th Section of the Civil Code, to assess the value of private property, required for public use, in the laying out of a new road or highway, the Commission shall determine what estates are especially benefitted  by such road or highway, and the amount of especial benefit accruing to each.

   

“Section 2.  The Commission shall award the proportion of the whole expense of laying out and constructing the proposed road or highway, which ought to be assessed upon estates benefitted, and the proportion to be paid for, from the public treasury.

   

“Section 3.  The Commission shall report, in writing to the Minister of the Interior, the whole amount which ought to be assessed upon estates benefitted,  and the amount of especial benefit accruing to each estate; and thereupon, the Minister shall cause to be computed the rateable proportion of the cost, to be borne by each estate, in excess of the assessed value of any portion of the same estate, which may be required for the proposed highway.

   

“Section 4.  A certificate of such computation shall be filed in the office of the Registrar of Conveyances, and thereupon a lien shall attach to each estate, in favor of the government, for the rateable amount appearing to be due, which shall have precedence of all other claims whatever.  But no personal liability shall attach to the owners of the estate.

   

“Section 5.  After the aforesaid certificate shall have been filed in the office of the Registrar of Conveyances, a certified copy shall be served upon the owner of such estate, if known, or posted up in such conspicuous part of the estate, if not known, together with a notification to pay the amount computed against such estate, to some person, and at some place, therein named, within ninety days.

   

“Section 6.  If the amount shall not be paid according to such notification, the Minister of the Interior shall order the same to be sold at public auction, by causing a notice of the time and place of the sale, to be printed three times successively in the Government Gazette.  Such further notice shall be given, as to said Minister of the Interior, shall seem proper.

   

“Section 7.  The amount assessed upon such estates, shall be deducted from the proceeds of the sale, and the expenses shall also be deducted, but the remainder shall be repaid to the owner of the estate.

   

“Section 8.  Any person aggrieved by the determination of said commission, may appeal therefrom, to the Supreme Court; upon which appeal, like proceedings shall be had, as in appeals from district justices.

   

“Section 9.  Whenever delay shall have occurred in the construction of a road, after it has been duly laid out, the Minister of the Interior may appoint a commission to determine the cost of completion, and benefit specially accruing to the estates of individuals; and the proceedings of such commission shall be the same as to awarding the proportions of expense, as in cases of original laying out.

 

OF HARBORS, CHANNELS, BUOYS, BEACONS, WHARVES AND WATERWORKS.

 

§189.  It shall be the duty of the Minister of the Interior to superintend all harbor improvements; the demarcation and improvement of all channels; the erection of all public lights and beacons; and the construction and repair of all public wharves and piers throughout the kingdom.

 

§190.  The said Minister of the Interior may, under the direction of the King, improve the water-lots in Honolulu, known as Waikahalulu, by causing a retaining wall to be erected at a suitable depth of water seaward, and by filling out said a path of the lots, in such manner as the warehouses may be safely build thereon.  He may also build out from the said retaining walls such wharves as the public wants may require.

 

§191.  The Minister of the Interior shall have the general charge of the pipes or conduits of water to supply the town and harbor of Honolulu.  He may, from time to time, regulate the rates of supply to ships, and to parties on the shore, and establish all such rules as may be needful for the public interests.

 

§192.  The said Minister shall appointed some discrete and capable person, to be superintendent of waterworks, whose duty it shall be to keep the conduits or pipes for the conveyance of water and repair; collect all water rates from ships and persons in Honolulu, or its vicinity, and perform such other duties in connection therewith, has in the said Minister may prescribe.

 

§193.  The superintendent of water-works shall receive for his compensation such sum as may be fixed by the Minister of the Interior, not exceeding however fifteen percent of the gross amount of water rates he may collect.  He shall make under oath a quarterly return, or at any time when required by the said Minister, of all his receipts and expenditures.

 

OF PUBLIC MARKETS

 

§194.  The Minister of the Interior, under the direction of the King, is hereby charged with the designation of suitable places to be used as public markets, and with the construction, repair and regulation of all such markets.

 

§195.  The said Minister, with the approval of the King, may appoint a clerk of the markets at Honolulu, and also clerks of the markets packed other places, wherever the public good may require the same.

 

§196.  Every clerk of a market thus appointed shall, before entering upon the duties of his office, execute a bond in the penal sum of one thousand dollars, with sufficient surety or sureties, to be approved by the Minister of the Interior, payable to said Minister for the use of the public exchequer, and conditioned for the faithful performance of his official duties.

 

§197.  Every clerk of a market shall faithfully collect the market fees and fines, as they may be prescribed, from time to time by the Minister of the Interior, with the approval of the King, keeping an account of the same in a suitable book or books and shall quarterly render a true and faithful of account of all monies received by him in virtue of his office, and pay the same over to said Minister.

 

§198.  It shall be the duty of every clerk of a market to designate and declared to what uses and purposes the stalls and stands of said market shall of the appropriated; and from** time time **to raise the sane by auction, or otherwise, as the Minister of the Interior may direct.  The rents of all markets shall be paid in advance, and shall be collected and accounted for by the respective clerks.

 

§199.  It shall be the duty of every clerk of a market to Collins all dirt and filth which may accumulate in said market, to be moved daily, and in all other respects to keep said market in a pure, clean and healthy condition.   To enable him to do  this, he shall have the power to prescribe such rules and regulations for the observance of those occupying stalls and stands in the market has may be necessary to keep the same pure and clean, and as the Minister of the Interior may approve.

 

§200.  It shall be the duty of every clerk of a market once in every month, and whenever requested so to do by any purchaser in said market, to inspect all the weights, measures and beans used in weighing and measuring in such market; and at the expense of the owners, to make them conform to the standard weights and measures of the kingdom; and if any person shall refuse to exhibit his weights and measures, or make them conform to those established bylaw he shall be fined twenty-five dollars.

 

§201.  Any person using any weights or measures in a public market, not approved by the clerk of such market, shall be fined $10, and he shall besides be libel in tenfold damages to any person injured by his conduct.

 

§202.  Every day in the week, except Sunday, shall be a public market day; and it shall be the duty of every clerk of a market to attend such market on market days, and to enforce the laws and regulations applicable to the same.

 

§203.  The public market shall be opened upon every market day, from the hour of five o’clock in the morning, until seven o’clock in the evening – and no longer, except on Saturday when they shall be kept open until ten o’clock in the evening.

 

§204.  Every person who shall violate any of the rules and regulations prescribed for the government of any public market or markets, who shall stand or occupy for the sale or vending of any poi, fish, crawfish, oysters or shellfish, or any kind of fruit for vegetables, in any Street in the city of Honolulu, shall be fined one dollar for such offense, and it shall be the duty of the clerk of the market to prosecute all such offenders; provided, however, that the fines mentioned in this section shall not be imposed until such time as suitable markets and conveniences are set apart for the public use by the Minister of the Interior.

 

§205.  The salaries of all clerks of markets shall be fixed by the Minister of the Interior, with the approval of the King

 

OF PRISONS, JAILS AND HOUSES OF CORRECTION.

 

§206.  The Minister of the Interior, with the approval of the King in Cabinet Counsel, shall have the power to erect such suitable prisons, jails, station houses, and houses of correction, as may be necessary for the safekeeping, correcting, governing and employing of all persons duly committed thereto; and also with the approval of the King and Cabinet Counsel, to prescribe rules and regulations for their government and discipline.

 

§207.  The Marshal of the Kingdom is responsible for the safekeeping of all prisoners; and therefore, he shall have the nomination and appointment, with the approval of the Minister of the Interior, of all jailors and other prison officers, who shall hold office during the pleasure of said Marshal.  Such jailors and other officers, shall be men of sobriety, honesty and industry.

 

§208.  The Marshal shall cause to be kept, in every prison, a journal, in which shall be regularly entered the reception, discharge, death, pardon, or escape of any prisoner; and also all punishments that are inflicted for a breach of prison discipline, as they occur, and all other occurrences of note that concern the state of the prison.

 

§209.  On the commitment of any prisoner, there shall be entered on the journal the sex, age, height and personal description of such prisoner, his last place of abode, and place of nativity.

 

§210.  The Marshal shall cause to be kept an exact account of all the receipts and expenditures of each prison, and make a monthly report of the sane to be Minister of the Interior.

 

§211.  Said Marshal shall cause each prison to be kept in a clean and healthy condition, and the whole interior thereof shall be thoroughly whitewashed with lime, once in every three months.

 

§212.  Said Marshal shall provide for each prisoner, who may be able and desirous to read, a copy of the Bible, or of the New Testament, to be used by such prisoner at proper seasons; and any Minister of the Gospel dispose to aid in reforming the prisoners, and instructing them in their moral and religious duties, shall have access to them at seasonable times when not required to be employed in labor.

 

§213.  All prisoners confined only in order to secure their attendance as witnesses, shall be under no other restrictions than what is necessary to prevent their escape from prison.  Every such prisoner shall be immediately liberated on his giving security for his appearance to testify as required by law.

 

§214.  No wine, or intoxicating liquor, or any article prohibited by the prison rules, shall be used by any prisoner; and any person who shall furnish any such drink to any prisoner, unless the same be prescribed by a physician has a medicine; or her shelter for fish any other prohibited article contrary to the provisions of the prison rules, shall be fined not exceeding two hundred dollars.

 

§215.  All prisoners sentenced to imprisonment at hard labor shall be constantly employed for the public benefit, on the public works, or otherwise as the Marshal, with the approval of the can Minister of the Interior may think best.

 

The Minister of the Interior is hereby empowered, in his discretion, to detail for labor on any public road, upon application to that purpose from any Road Supervisor, as may he prisoners as he may deem necessary for such work; said prisoners to be under the care of their usual overseers and subject to the Road Supervisor only as far as regards the mode of their employment.

 

§216.  When such prisoners cannot be well employed in the performance of any public work, the Marshal, with the approval of the Minister of the Interior, may let them out to labor for private individuals, upon such terms as he may deem proper; provided, always, that such prisoner shall be locked up within the prison every night.

 

§217.  Female prisoners shall be kept entirely separate from the male prisoners, and shall be employed in making mats, and sewing, and washing the clothes of the prisoners, and in such other suitable occupations as the Marshal shall direct.

 

§218.  The King, his Ministers, the Governors, the Judges of the Supreme and Circuit Court’s, members of the Legislature, of the Board of Education, and the Diplomatic and Consular Agents of foreign nations, shall be allowed at suitable hours freely to visit any prison.

 

§219.  None but official visitors named in the last preceding section, shall be allowed to visit any prison, or to have any verbal or written communication with the prisoners, unless with permission of the Marshal or the keeper of the prison; nor shall any visitor whatever deliver or receive from any of the prisoners any letter our message, or supply any of them with any articles of any kind, except with the permission of, and through the Marshal or keeper of the prison, under penalty of not less than five nor more than two hundred dollars.

 

§220.  The pay of prison officers shall be determined and regulated by the Minister of the Interior.

 

AMENDING THE STATUTES CONCERNING THE SATISFACTION OF FINES AND COSTS IN PENAL JUDGMENTS.

 

Section 1.  Section 221 of the Civil Code is hereby amended to read as follows, viz:

§221.  When any person shall be sentenced to pay a fine and costs, or either of them, and to be imprisoned until the same be paid, the time of his imprisonment shall be deemed to discharge the same at the rate of twenty-five cents a day.

   

Section 2.  The second Section of Chapter LI. of the compiled Penal Code is hereby amended to read as follows, viz:

   

Section 2.  When a judgment of fine and costs, or either of them is not satisfied by immediate payment thereof, the offender so sentenced shall be committed to prison, there to remain at hard labor or otherwise, in the discretion of the Court or Magistrate, until such fine is paid or collected out of the offender’s property as prescribed in the above Section.  Provided, however, that when any poor convict shall have been imprisoned for the space of one year, for fine and costs, or either or them, any two Magistrates may order such convict to be brought before them for examination, and if, upon inquiry, they shall be satisfied that he has not since his conviction, had any estate, real or personal, with which he could have paid the sum for which he stood committed, and that he is held for no other cause, they may direct the Marshal of the Kingdom, or his deputy having him in custody, to discharge such convict from prison.

 

PROVIDING FOR THE REDUCTION OF TERMS OF IMPRISONMENT IN CERTAIN CASES.

 

The Marshal shall require the keeper of every jail to keep a record of the conduct of each convict whose term of imprisonment is not less than three months, and for every month that a convict appears by such record to have faithfully observed all the rules of the prison and to have conducted himself in all respects properly, there shall be deducted from the whole term of his sentence as follows; two working days for every thirty days.  Said record shall be shown in Privy Council when considering petitions for Royal clemency.

 

§222.  Every person sentenced to imprisonment for life shall be considered as civilly dead, and the same disposition shall be made of his estate as if he had died on the day sentence was pronounced; and any last will and testament, or codicil, he may have made prior to that time, shall take effect in the same manner as if he had died on that day.

 

§223.  But no disposition of any estate, either by will or otherwise, after the arrest for crime of which the prisoner was convicted, whether the sentence is for life or otherwise, shall have any advantage or preference over the claim of any person entitled to damages for a private injury committed by the criminal, unless such disposition was made for a valuable and equivalent consideration, to a person ignorant of the arrest.

 

§224.  Whenever a convict is condemned to imprisonment less than for life, any judge having probate powers may, upon due application, appoint a guardian to have the care and management of said convict’s estate, real and personal, during the term of his imprisonment.  The letters of guardianship shall be revoked by the pardon or discharge of the convict, but such revocation shall not invalidate legal acts done by the guardian.

 

§225.  Every guardian so appointed for any convict, shall pay all the just debts due from the convict out of his personal estate, if sufficient, and if not, out of his real estate, upon obtaining license for the sale thereof from the Judge; he shall also settle all accounts of said convict, and demand, sue for, and receive all debts due to him, and may, with the approbation of the Judge, compound for the same and give a discharge to the debtor; and he shall appear for and represent his ward, all legal suits and proceedings, unless when another person is appointed for that purpose.

 

§226.  Such guardian shall have all the rights and duties, as well as the responsibilities, respecting the management and disposal of the convict’s estate, as appertain to the guardian of a minor, or insane person.  He shall manage the estate frugally and without waste, and apply the profits thereof, so far as may be necessary, for the comfortable and suitable maintenance of the convict’s family, if there by any, and if the profits shall be insufficient for that purpose, he may sell the real estate and apply the proceeds thereto, upon obtaining the license of the Judge.

 

§227.  Such guardian may be removed, and another guardian appointed in his place, whenever the Judge shall think there is just cause for removal.

 

§228.  Every such guardian shall have such compensation for his services as the Judge before whom his accounts are settled shall consider just and proper, and he shall also be allowed the amount of all his reasonable expenses.

 

§229.  All property given, or in any manner whatsoever accruing to the convict, shall vest in his guardian, if he be sentenced for a term of years, to be disposed of in like manner with his other property; or if he be sentenced for life, shall vest in his heirs.

 

§230.  Until a lunatic asylum is created by law, any lunatic or insane person, whose lunacy or insanity is established by the court of proper jurisdiction, may be committed to any prison, jail, or house of correction, there to be provided for and safely kept until lawfully discharged.  The estate of such person shall in all cases be liable for the payment of his necessary expenses, and it shall be the duty of his guardian, or other legal representative, to make such payments, from time to time as may be ordered by said Court.

 

OF THE POUNDS—OF ESTRAYS—BRANDS AND MARKS.

 

§231.  It shall be the duty of the Minister of the Interior, through the several governors, to construct and set apart a suitable enclosure or enclosures in each district of their respective islands, for the impounding of estrays; and he shall give notice of their location and extent in some public newspaper.

 

§232.  The respective governors shall appoint suitable persons to have charge of said pounds; and such pound-masters shall be governed by such rules as the law may, from time to time, prescribe.

 

§233.  The several pound-masters shall be liable for the safe keeping and good usage of any estray committed to their charge, and shall receive for their services fifty cents per day, from the owner of said estray, when impounded in either of the districts of Honolulu or Lahaina, and in all other districts the rate shall be twenty-five cents per day, excepting for sheep and goats, which shall be six cents per day.  They shall give the strays a reasonable quantity of food and water; and if any pound-master shall starve any such estray, he shall not be entitled to receive any pound fees for such estray, and he shall be liable to the owner thereof for damages.

 

§234.  The pound-master may take and certify the deposition under oath, of every person who shall impound any estray, setting forth the land upon which such estray has trespassed, and the name of the owner of such estray, if known; and shall keep a record of such depositions, which shall be open for the inspection of the public.

 

§235.  Every pound-master shall keep an accurate account of the business done at his pound, in a book open to public inspection; and he shall make quarterly returns, under oath, to the Governor of the Island, showing his receipts and disbursements.

 

§236.  No pound-master shall, knowingly, receive into his pound any animal seized for committing trespass in any other district, provided there is a pound established in such other district.

 

§237.  It shall be the duty of every pound-master to publish in some newspaper, both in Hawaiian and in English languages, or post written notices weekly in both languages in three public places in his district, and also cause to be proclaimed viva voce in said languages weekly an account of all estrays in his pound, and it shall be the duty of every pound-master to inform by mail every individual out of his district who shall leave with him a copy of his brand of any estray bearing the said brand, which shall be lodged in the pound under his charge, and if the owners do not claim such strays and pay the pound fees, that is to say, fifty cents per day for each day’s detention, expenses of advertising and the damages to the person on whose property the trespass was committed, within fifteen days from the date of the impounding, such notice having been given as above provided, it shall be lawful the pound-master to sell such estrays at public auction, and to facilitate the notice to be given in both languages, it shall be the duty of the Minister of the Interior to furnish each pound-master with a copy of a proper notice in both languages, stating in detail the description of all animals impounded.  The Minister of the Interior shall prepare the same and keep a correct account of the cost of printing the same, and each pound-master shall pay the cost price of such blanks furnished him.

 

§238.  The proceeds of such sale, after paying the pound fees, expenses of advertisement, proclamation and sale, and also all damages, shall be retained by the pound-keeper for the use of the owner of the estray, in case he shall substantiate his claim thereto within one year from the sale; and in case he shall fail to so substantiate his claim, such balance of proceeds shall be paid over to the governor, for the benefit of the public treasury.

 

§239.  If any horse, mule, ass, hog, sheep or neat cattle, shall trespass on any cultivated ground, the owner of such animal, or animals, shall forfeit and pay to the owner of the ground, the sum of fifty cents for the trespass of each animal, excepting sheep and goats, for which he shall pay only six cents each; and if any production of the land be destroyed, or other damage done by the animal or animals, the owner thereof shall further pay to the land-owner the full amount of such damage: provided, however, that if in any particular case, this provision shall have an onerous and unjust bearing, owing to the number of animals trespassing, the Judge shall have power to diminish the forfeiture.

 

Section 240 of the Civil Code is hereby amended, by adding to it the following paragraph:

 

The Governor of Oahu is hereby empowered to cause all cattle, horses, mules, hogs, and asses, allowed to graze on public roads of the city of Honolulu, and the environs mauka as far as the place known as Kanoniakapueo, to be impounded; and the owner of such animal or animals shall forfeit and pay for the recovery of the same the fee of fifty cents, required by Section 233 of the Civil Code, for each animal so impounded: and if the owner or owners do not claim such estrays and pay the pound fees, it shall be lawful for the pound master to sell such strays at public auction, after complying with the regulations of Section 237 of the Civil Code.

 

§241.  If the owner of any animal, or animals, trespassing, be not known to the owner of the land, or if being known, he shall refuse to pay the forfeitures and damages as prescribed by law, then the owner of the land trespassed upon, may, after giving notice to the owner of such animal, or animals, when known, or without such notice when the owner is not known, impound the same forthwith.

 

§242.  If any of the animals enumerated in Section 239, shall trespass upon land enclosed by a lawful fence, the owner of such animal, or animals, shall forfeit and pay to the owner of the land, if cultivated, twice the penalty prescribed in section 239; and if the land is uncultivated, twice the penalty prescribed in section 240; and he shall also pay in each case the full amount of damage done by such animal, or animals.

 

§243.  Every fence shall be deemed a lawful fence which is five feet high, if made of stone; or which is five fee high, if a hedge, or if made of wood, iron wire, or an artificial pali; or which is two feet high, if made upon an embankment of a ditch three feet deep, and at least two feet wide at the bottom, or upon an artificial or natural pali, three feet high.  If the fence be a ditch only, then it shall be nine feet wide at the top, and four feet deep.  Every fence to be a lawful fence, shall be substantially built, and reasonably strong and close to turn stock.

 

§244.  Whenever any dispute arises between the owner of the land trespassed upon, and the owner of the animal, or animals, trespassing, the latter may have the animal, or animals, returned to him, within twenty-four hours of the time of his receiving notice of the trespass, upon his delivering to the owner of the land, or to the pound-keeper, if the animal, or animals, have been impounded, a certificate from any District Justice, or Police Justice of the district, stating that he has deposited with such Justice the amount claimed by the owner of the land, or a good and sufficient bond for that amount, together with the costs of a civil suit before him.  If the animal, or animals, have been impounded, the Justice shall determine which of the parties is to pay the pound fees.

 

§245.  The said Justice shall, upon receiving the amount claimed, or a good and sufficient bond for such amount, and the costs of suit, issue the required certificate, and summon the parties to appear before him with their witnesses, and after a fair hearing, he shall decide between them.  No appeal shall be allowed from his decision, unless taken within five days after such decision has been rendered.  In case an appeal is taken, the Justice shall retain in his possession the money, or bond deposited with him, subject to the order of the court to which appeal is taken, and shall also require from the appellant a bond in the sum of fifty dollars, conditioned for the payment of the costs further to accrue, in case he is defeated on appeal.

 

§246.  If any person shall set the confined animal of another at liberty, in order that it may trespass upon any cultivated ground or shall by any means designedly decoy any animals to commit a trespass, he shall, for every such offence, forfeit and pay for the benefit of the public treasury, not less than twenty nor more than the sum of one hundred dollars, or be imprisoned at hard labor not less than six months, nor more than two years.

 

§247.  Every owner of neat cattle, horses, mules, or asses, shall mark the same by branding or otherwise, on pain of having his unbranded or unmarked animals impounded, in case of their trespassing, without notice, as set forth in section 241: provided, however, that no person shall mark any animal by cutting off one or both ears, under penalty of five dollars for each and every offense.  It shall be the duty of every such owner to deposit with the governor of the island on which his animals are kept, an impression of his brand, or a description of his mark; and the governor shall deliver to such owner a certificate of such deposit, upon receiving the sum of one dollar for the benefit of the public treasury.  Nothing contained in this section shall be construed to apply to animals under the age of one year.

 

§248.  The respective governors shall keep, in a book open to public inspection, a record of all brands and marks deposited with them pursuant to the last preceding section; and said governors shall not grant certificates for the same mark or brand, to two distinct persons on any one island.

 

§249.  Any person who shall obliterate any brand, or mark, on any animal, by placing another brand or mark over the same, or otherwise, although without felonious intent, shall be subject to a fine not exceeding twenty dollars, in the discretion of the Court, for every brand or mark so obliterated.

 

§250.  If any of the animals enumerated in section 239 shall be found at large, and not upon the land of the owner, or person having charge of such animal; or if found doing damage to the property of private individuals, or of the government, such animal shall be regarded as an estray within the meaning of this article.

 

OF THE IMPROVEMENT OF AGRICULTURE AND MANUFACTURES.

 

§251.  It shall be the duty of the Minister of the Interior to watch over the great interests of agriculture, and to do all in his power to promote its improvement, by the collection and distribution of seeds and plants, and by every other means within the scope of his department.

 

§252.  Whenever any agricultural society shall have raised, by contribution of individuals, or otherwise, the sum of five hundred dollars, to be appropriated in the granting of premiums, or otherwise, for the encouragement of agriculture, or the improvement of the breeds of stock, within the kingdom, the treasurer of that society, on presenting satisfactory evidence of that fact to the Minister of the Interior, shall be entitled to receive at His Majesty’s treasury the like sum of five hundred dollars, to be added to the funds of said society: provided always that no such society shall receive from the treasury more than five hundred dollars in any one year.

 

§253.  Every such agricultural society shall, under penalty of forfeiting the grant mentioned in the last preceding section, furnish the Minister of the Interior, annually, in the month of January, with a true statement of the amount raised by such society, from private contributions, or other sources, during the year immediately preceding; also with a correct statement in detail of the expenditures of said society, in premiums, or otherwise, during the same period.

 

§254.  Every agricultural society, which shall receive the said allowance from the public treasury, shall offer, annually, by way of premiums, or shall apply otherwise, at their discretion, for the encouragement or improvement of agriculture, stock or manufactures, a sum not less than the amount annually received, as aforesaid, out of the public treasury.

 

§255.  The Minister of the Interior may, with the approval of His Majesty the King, issue a patent to the inventor or improver of any machine, manufacture or work of art, calculated to improve the interests of science, agriculture, or manufactures, and may therein grant to such inventor or improver the exclusive use and benefit of his invention or improvement for any term of years, not exceeding ten, that may be specified in such patent; and upon the granting of such patent, the sum of one hundred dollars shall be paid by the patentee to the Minister of the Interior, for the use of the Royal Exchequer.

 

§256.  Every such inventor or improver shall, before receiving a patent, deliver to the Minister of the Interior a full and clear description, in writing, of his invention or improvement, together with the mode of using or applying the same to the purpose for which it is intended, and the manner and process of making, constructing, or compounding the same; and in case of any machine, he shall also furnish, in addition to the written description, accurate drawings and a complete model thereof; and shall also, at the same time, if a citizen of this Kingdom, deposit with the Minister of the Interior the sum of thirty dollars, and if a foreigner, the sum of one hundred dollars, for the use of the Royal Exchequer.

 

§256.a.    Any person who shall have invented any new art, machine, or improvement thereof, and shall desire further time to mature the same, may file in the office of the Minister of the Interior a Caveat, setting forth the design and purpose thereof, and its distinguishing characteristics, and praying protection of his right till he shall have matured his invention; and such Caveat shall upon payment by the applicant of the sum of thirty dollars to the Minister of the Interior, be filed in the confidential archives of the Department of the Interior, and preserved in secrecy; and within one year thereafter, if the applicant should desire to avail himself of the benefit of the Caveat, he shall file his description, specification, drawings and model, and pay the fee as provided in applications for patents, under Section 256 of the Civil Code of this Kingdom.

 

TO ENCOURAGE LEARNING IN THIS KINGDOM, BY SECURING THE COPIES OF CHARTS, MAPS AND BOOKS, TO THE AUTHORS AND PROPRIETORS OF SUCH COPIES

 

Section 1.  That from and after the date of the passage of this Act, the author or authors of any map, chart or book, already printed within this country or abroad, in the Hawaiian language, or the executors, administrators or assigns of such author or authors, shall have the sole right of printing, reprinting, publishing or vending such map, chart, book or books, for the space of fourteen years from the date of recording the title thereof in the office of the Minister of the Interior, as hereinafter provided.

 

And the author or authors of any map, chart, book or books, made or composed in any language other than Hawaiian, by a person resident in this country at the time of its composition or publication, shall have the sole right and liberty of printing, reprinting, publishing or vending said map, chart, book, or books, for and during the term of fourteen years, from and after the time of recording the title thereof in the office of the Minister aforesaid; and if, at the expiration of the said fourteen years, the author or authors be living, the same exclusive right shall be continued to him, or them or his, or their assigns; provided, always, that he or they shall cause the title to be a second time recorded or published, as hereinafter provided, at least six months before the expiration of the first term of fourteen years.

 

Section 2.  If any other person or persons, from and after the recording of the title of any map, chart, book or books, and publishing the same, as aforesaid, within the time limited and granted by this Act, shall print, reprint, publish or import, or cause to be printed, reprinted, published or imported from any foreign Kingdom or State, any copy or copies of such map, chart, book or books, without the consent of the author or proprietor thereof, first had and obtained in writing, signed in the presence of two or more credible witnesses, or knowing the same to be so printed, reprinted or imported, shall publish sell, or expose to sale, or cause to be published, sold, or exposed to sale, any copy of such map, chart, book or books, without such consent first had and obtained as aforesaid, then such offender or offenders shall forfeit all and every copy or copies of such map, chart, book or books, and all and every sheet and sheets, being part of the same, or either of them, to the author or proprietor of such chart, map, book or books, who shall forthwith destroy the same; and every such offender or offenders shall also forfeit and pay the sum of fifty cents for every sheet which shall be found in his or her possession, either printed or printing, published, imported, or exposed to sale, contrary to the true intent and meaning of this Act; the one-half thereof to the author or proprietor of such map, chart, book or books, who shall sue for the same, and the other half thereof to, and for the use of the Royal Exchequer, to be recovered by action of debt, in any  Court of Record in this Kingdom, wherein the same is cognizable; provided, always, that such action be commenced within one year after the cause of action shall arise and not afterwards.

 

Section 3.  No person shall be entitled to the benefit of this Act, unless he shall first deposit a copy of his map, chart or book, in case the same shall have been printed heretofore, with the Minister of the Interior, for preservation; and, in other cases, unless he shall deposit a copy of the title of such map, chart or book, with the said Minister, who shall cause the same to be recorded in a book for that purpose, and shall give or cause to be given to the applicant, a certificate, under seal of the title of the work deposited, and the claim to copyright—which certificate, the author or proprietor shall immediately cause to be published in one or more newspapers published in this Kingdom, for the space of two months, and the said applicant shall pay for the said certificate five dollars.

 

Section 4.  The author or proprietor of any such map, chart, book or books, shall, within one month after the publication thereof, in this Kingdom, deliver or cause to be delivered to the Minister of the Interior, a copy of the same, to be preserved in his office.

   

Approved this 31^st day of December, A.D. 1864.

 

 

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