ARTICLE V.—OF THE INTERNAL POLICE

 

TO TRANSFER THE SUPERVISION OF THE POLICE AND EXECUTIVE OFFICERS OF THE LAW FROM THE DEPARTMENT OF THE INTERIOR TO THAT OF THE ATTORNEY GENERAL

   

Section 1.  The care and supervision of the Internal Police of the Kingdom is hereby transferred from the Department of Interior to that of the Attorney General of the Kingdom.

 

Section 2.  The Marshall of the Kingdom shall hold his office according to the tenor of his present commission, but all future vacancies shall be filled by appointment of His Majesty the King, upon the nomination of the Attorney General; and all returns and adjustments of accounts, now by law required to be made by the Marshal to the Minister of the Interior, shall be made hereafter to the Attorney General.

 

Section 3.  The several Sheriffs shall hold their offices according to the tenor of their respective commissions, but as vacancies occur, appointments shall be made by the several Governors, with the approval of the Attorney General.

 

Section 4.  Every person hereafter appointed Marshal shall, before entering upon the duties of his office, give a bond to the Attorney General, with the same penalties and upon the same conditions as are provided by the two hundred and fifty-eighth section of the Civil Code.

 

§257.  There shall be appointed by the King, upon the nomination of the Minister of the Interior, some person of good moral character and discretion, to be Chief of Police, who shall be styled the Marshal of the Kingdom, and who shall hold office during this Majesty’s pleasure, subject, however, to removal at any time, upon the representation of the Supreme Court, for corruption, misconduct, or incompetency.  He shall reside and keep an office at the seat of government.

 

Section 1.  There shall be appointed by the Marshal of the Kingdom, a Deputy Marshal, who, in case of the absence or disability of such Marshal, shall be authorized to do all acts and things now required to be done by said Marshal.

 

Section 2.  The Marshal shall be responsible on his official bond for the acts and defaults of the Deputy.

 

§258.  Before entering upon the duties of his office, such Marshal shall give a bond to the Minister of the Interior, in the penal sum of five thousand dollars, with sufficient surety, or sureties, to be approved by said Minister, conditioned that he will faithfully execute all process directed to him by any of the courts of this Kingdom; that he will faithfully account for and due return make of all fines, penalties, and moneys collected by him; that he will safely keep all prisoners duly committed to his custody; that he will in all things, well and truly, without malice or partiality, perform the duties of his office, and take only the lawful fees of his office.

 

§259.  The bond given by the Marshal of the kingdom, for the faithful performance of his duties, shall be filed and recorded in the office of the Minister of the Interior, and copies thereof certified by the said Minister, under the seal of his department, shall be competent evidence in any court of justice.

 

In case of any breach of the condition of any such bond, any person thereby injured, may institute a suit upon such bond, in his own name, and for his sole use, and thereupon recover such damages as shall be legally assessed, with costs of suit; for which execution may issue for such person; and in case such person shall fail to recover in the suit, judgment may be rendered, and execution may issue for costs in favor of the defendant against the party who shall have instituted the suit, and the Hawaiian Government shall in no case be liable therefor.

   

Such bond shall, after any judgment rendered thereon, remain as a security for the benefit of any person injured by the breach of the condition thereof, until the whole penalty shall have been recovered; and the proceeding shall always be in the same manner as hereinbefore directed.

   

Every suit on any such bond shall be commenced within two years after the right of action shall have accrued, and not afterwards; saving, nevertheless, the rights of infants, femmes coverts, and persons non compos, so that they sue within one year after the disabilities have been removed.

 

§260.  It shall be the duty of said Marshal to preserve the public peace of the Kingdom, to have the charge and supervision of all jails, prisons and houses of correction, and to safely keep all prisoners committed thereto; to execute all lawful precepts, and mandates directed to him by the King, or by any judge, court, minister or governor; to arrest fugitives from justice, as well as all criminals and other violators of the laws; and generally, to perform all such other duties as may be imposed upon him by law.

 

§261.  Said Marshal shall have power, with the approval of the respective governors, to appoint a deputy in each gubernatorial division of the Kingdom, who shall be styled the Sheriff of such division; and said Marshal and his deputies may command all necessary assistance, civil or military, in the execution of their duties.

   

The duties of the Sheriff of the Island of Oahu, as imposed on that officer by law, are hereafter to be performed by the Marshal of the Kingdom.

 

§262.  Every Sheriff before entering upon the duties of his office, shall give a bond to the Marshall in the penalty of two thousand dollars, with such surety or sureties as he shall approve, conditioned that he will, to the best of his ability, preserve the public peace and the laws of the Kingdom, that he will faithfully execute all lawful process placed in his hands for execution, that he will faithfully account for and due return make all fines, penalties, and moneys collected by him, that he will safely keep all prisoners duly committed to his custody, that he will in all things well and truly, without malice or partiality, perform the duties of his office, and take only the lawful fees of his office.

 

The bonds of the respective Sheriffs shall be filed and recorded in the Office of the Minister of the Interior; and all the provisions of section 259, applicable to the bond of the Marshal, shall be equally applicable to the bonds of his deputies.

 

§263.  The Sheriffs shall hold office during the pleasure of the Marshal, but may be removed at any time by the Supreme Court, or any Circuit Court.

 

§264.  Said Sheriffs, upon approval of the Marshal, shall have power to appoint deputies in their respective divisions, for whose official acts they shall be severally responsible, and from whom they may exact bonds of private indemnity.  Said Deputy-Sheriffs shall be paid yearly according to appropriations made by the Legislature.

 

§265.  The Marshal and respective Sheriffs shall receive in full payment of their services, such annual salaries or compensation as may, from time to time, be prescribed by the Legislature: provided, however, that the fees received for the arrest of deserting seamen, shall belong to the respective Sheriffs.

 

§266.  The Governors of the Kingdom shall appoint a certain number of constables for each district in the islands under their respective jurisdictions, who shall be under the control of the Marshal and his deputies; but they may be removed at any time by the Governors, Marshal, any Judge of a Court of Record, or Police Justice.

 

§267.  The number of regular constables shall not exceed, for the island of Oahu, one hundred; for the island of Maui, and its dependencies, one hundred; for the island of Hawaii, one hundred; and for the islands of Kauai and Niihau, forty: provided, always, that nothing in this section contained shall be construed to prevent the respective governors from appointing any number of special constables, to serve without pay, in case of, and during any great emergency.  The pay of all regular constables, when not otherwise provided for by law, shall be determined by the Marshal, and the respective Governors and Sheriffs of the islands on which they are employed.

 

§268.  In all cases in which the Marshal, or any sheriff, deputy sheriff or constable, shall be a party, plaintiff, or defendant, the officer so interested shall not be competent to execute any process in such case; and the court, when it becomes necessary, may appoint some disinterested person to act as a substitute for such officer to execute such process, who shall, in all respects, be accountable to the court for his conduct.

 

§269.  In case of the death or removal of the Marshal, his deputies shall continue in office, unless otherwise specially removed, until another Marshal shall be appointed.

 

§270.  Every Marshal or his Deputy, when removed from office, or when the term for which the Marshal is appointed shall expire, shall have power nothwithstanding, to execute all such process as may be in their hands, respectively, at the time of such removal or expiration of office, and the Marshal shall be held answerable for the delivery of his successor, of all prisoners which may be in his custody at the time of his removal, or when the term for which he is appointed shall expire, and for that purpose, may retain such prisoners in his custody until his successor shall be appointed and qualified as the law directs.

 

§271.  Whenever the Marshal or any Sheriff, shall sell any real property by virtue of process from any Court, and shall die, or be removed from office, or the term of his commission expire, before a deed shall be executed therefor, by him to the purchaser, the purchaser or plaintiff at whose suit the sale was made, may apply to the Court from which the process issued, setting forth the case and assigning the reason why the title was not perfected; and thereupon the Court may order the Marshal or Sheriff, for the time being, to perfect the title and execute a deed to the purchaser, he paying purchase money and costs remaining unpaid.

   

Whenever the Marshal or any Sheriff, shall take in execution any real property, and shall die, or be removed from office, or the term of his commission expire, before sale, or other final disposition made thereof, his successor shall have power to proceed under such execution, in the same manner as such Marshal or Sheriff could have done if he had not died, or been removed, or the term of his commission had not expired.

 

§272.  The Marshal and the respective Sheriffs, shall file all warrants, mittimuses, processes, and other official papers, or the attested copies of them, by which any prisoner shall have been committed or liberated, and they shall be safely kept in a suitable box for that purpose, and upon the expiration of his commission, or upon his death, resignation or removal from office, shall be delivered over to his successor, together with all other official records, papers and journals; and in default of such delivery, such Sheriff, or his executors or administrators, shall forfeit the sum of two hundred dollars, to be recovered to the use of the public treasury.

 

§273.  All process of any Court of Record shall be addressed to the Marshal or one of his deputies, and it shall be the duty of such Marshal, his Sheriff, and their deputies, to execute the same at their peril, according to the tenor thereof; and they shall not be liable for any damage resulting from the execution of such process.

 

§274.  The Marshal, or any Sheriff, Deputy Sheriff, or constable may decline to levy upon, or sell the alleged property of any defendant, upon any suit or execution, unless the plaintiff shall tender to him a satisfactory bond of indemnity, against the claims of third parties.

 

§275.  repealed by Act 1876, Chapter XXXIII.

 

§276.  The respective Sheriffs shall, quarterly, render to the Marshal a true account of all fees, fines, and other moneys, which they shall have received by virtue of their office.

 

§277.  The Marshal shall keep a true account of all moneys received by him from his deputies or otherwise, by virtue of his office; and quarterly render to the Minister of the Interior a true account of the whole amount so received by him, together with the report of such other matters relating to the police department as he may deem proper.

 

OF THE PUBLIC HEALTH. *

 

* See also Act to establish a Hawaiian Board of Health, 1868, and Act relating to the practice of medicine of Chinese Physicians, 1880, Chapter XIX.

 

TO AMEND SECTIONS 1, 2 AND 30 OF CHAPTER 59 OF THE PENAL CODE, RELATING TO THE PUBLIC HEALTH

 

Section 1.  That an Act entitled “An Act to amend Section 278 of the Civil Code,” approved August 28^th, 1860; and also an Act entitled “An Act to further amend Sections 278 and 279 of the Civil Code,” approved January 10^th, 1865, shall be, and hereby are repealed.

   

Section 2.  That Section 1 of Chapter 59 of the Penal Code, approved July 7^th, 1870, be, and the same is hereby amended to read as follows:

   

“Section 1.  There shall be a Board of Health for the Kingdom consisting of five members, at least three of whom shall be members of the Privy Council.

“The members of the said Board shall be appointed by the King in Privy Council, and one of their number shall by him be appointed President, and all shall serve without pay and continue in office during the King’s pleasure.  The said Board shall be charged with the general oversight and care of the public health.  In the absence of the President, a member of the Board may by it be chosen to act as Vice President pro tem., and to preside over its meetings.  The said Board shall be authorized to employ a secretary, medical practitioners and agents, who shall receive such compensation for their services as shall be approved by a majority of the members of the Board at a regularly convened business meeting thereof, said compensation to be paid out of any funds available to the Board by legislative appropriation; provided however that whenever the Board shall employ its own members the Cabinet Council shall determine the remuneration to be paid them.  And the said Board of Health shall, through it s President, render to the Legislature at each of its regular sessions, an accurate and detailed report of all its expenditures and transactions and such other information regarding the public health as the said Board shall deem of special interest.”

   

See also Act to establish a Hawaiian Board of Health, 1868, and Act relating to the practice of medicine of Chinese Physicians, 1880, Chapter XIX.3.  That Section 2 of Chapter 59 of the Penal Code, approved July 7^th, 1870, be, and the same is hereby amended to read as follows, viz.:

   

“Section 2.  It shall not be lawful for any person to practice in this Kingdom as a physician or surgeon for compensation or reward, unless he shall have first presented to the Board of Health satisfactory evidence of his professional qualifications and good moral character, and obtained a certificate of approval from the said Board and a license to practice from the Minister of the Interior, but the Minister of the Interior with the approval of the Board of Health shall, when necessary or expedient, or when the same shall be deemed advisable, be authorized to grant permits to administer and dispense medicines to persons who shall produce to the Board of Health or to such medical examiners as the said Board, or the Minister of the Interior, shall appoint for that purpose, satisfactory evidence of qualification therefor.  All persons licensed to practice medicine and surgery or permitted to administer and dispense medicines under the provisions of this section, for compensation or reward, shall attend whenever practicable on any one requiring their professional or medical services.  Any person violating the provisions of this section, shall, on conviction thereof, be liable to a penalty of one hundred dollars for each offense.”

 

§280.  Said Board of Health may appoint suitable agents in such localities as it may deem necessary, to carry into effect all regulations for the public health; and it shall hold such agents accountable for all moneys received and disbursed by them, on account of the public health, and also for the manner in which they may discharge their several duties.

 

§281.  The Board of Health shall make such regulations respecting, nuisances, sources of filth, and causes of sickness, within the respective districts of the Kingdom, and on board of any vessels, as it shall judge necessary for the public health and safety.

 

§282.  Said Board shall also make such regulation as it may judge necessary for the public health and safety, respecting any articles which are capable of containing, or conveying any infection or contagion, or of creating any sickness, when such articles shall be brought into, or conveyed from any district, or into or from any vessel.

 

§283.  Said Board shall also make all regulations which it may judge necessary, for the interment of the death, and respecting cemeteries and burying grounds.

 

§284.  Notice shall be given by the Board of Health of all regulations made by it, by publishing the same in some newspaper of the district, or where there is no such newspaper, by causing them to be posted in three public places of the town or district; and such notice of such regulations shall be deemed legal notice to all persons.

 

§285.  Every person who shall violate any regulation of the Board of Health, after the same shall have been published, as provided in the last preceding section, shall be fined not exceeding one hundred dollars.

   

No slaughter house shall be maintained in any part of this Kingdom, in any place where the Board of Health shall now or hereafter forbid the maintenance of the same.

 

§286.  The Board of Health and its agents, shall examine into all nuisance, sources of filth and causes of sickness, on shore, or in any vessel, and shall cause the same to be destroyed, removed or prevented as the case may require.

 

§287.  Whenever any such nuisance, source of filth, or cause of sickness, shall be found on private property, the Board of Health or any health agent, shall order the owner or occupant thereof, at his own expense, to remove the same within forty-eight hours; and if the owner or occupant shall neglect so to do, he shall be fined in a sum not exceeding one hundred dollars.

 

§288.  If the owner or occupant shall not comply with such order of the Board of Health, the Board or any of its agents, may cause such nuisance, source of filth or cause of sickness, to be removed; and all expenses incurred thereby shall be paid by the said owner or occupant, or by such other person as shall have caused or permitted the same.

 

§289.  When any person shall be convicted for a common nuisance that may be injurious to the public health, the Court may, in its discretion, order it to be removed or destroyed, at the expense of the defendant, under the direction of the Board of Health, or otherwise, as it may deem proper.

 

§290.  Whenever any member of the Board of Health, or its agent, shall think it necessary for the preservation of the lives or health of the inhabitants, to enter any land, building, or vessel, for the purpose of examining into and destroying, removing, or preventing, any nuisance, source of filth, or cause of sickness, and shall be refused such entry, such member or agent may make complaint to any Police or District Justice, who may thereupon issue a warrant directed to any sheriff, deputy sheriff, or constable, commanding him to make sufficient aid, and, being accompanied by such member of the Board of Health, or agent, between the hours of sunrise and sunset, to repair to the place where such nuisance, source of filth, or cause of sickness, complained of may be, and the same to destroy, remove, or prevent under the directions of such member or agent.

 

§291.  The Board of Health, and its agents, may establish quarantine grounds in the several districts, as they may judge best.

 

§292.  The Board of Health may, from time to time, establish the quarantine to be performed by all vessels arriving at any port of the kingdom; and may make such quarantine regulations as it shall judge necessary for the health and safety of the inhabitants.

 

§293.  The quarantine regulations so established, shall extend to all persons, and all goods and effects, arriving in such vessels, and to all persons who may visit or go on board of he same.

 

§294.  Notice shall be given of such quarantine regulations, by publication in the manner provided in section 284; and after such notice shall have been given, any person who shall violate any such quarantine regulations, shall be fined a sum not less than five, nor more than five hundred dollars.

 

§295.  Any vessel which shall refuse to submit to quarantine, or which shall leave the quarantine ground before the expiration of the quarantine imposed upon her, or which shall be the means of clandestinely introducing into this kingdom any contagious disease, or any disease dangerous to the public health, shall be liable to seizure, confiscation and sale, for the benefit of the public treasury.

 

§296.  The Board of Health, and its agents, may at all times cause any vessel arriving, when such vessel, or the cargo thereof, shall in their opinion be foul, or infected, so as to endanger the public health, to be removed to the quarantine ground, and to be thoroughly purified at the expense of the owners, consignees, or persons in possession of the same; and they may also cause all persons arriving in, or going on board of any such infected vessel, or handling such infected cargo, to be removed to some place of safety, there to remain under their orders.

 

§297.  If any master, seaman, or passenger, belonging to any vessel, on board of which any infection may then be, or may have lately been, or suspected to have been, or which may have been at, or which may have come from any port where any infectious distemper prevailed, that may endanger the public health, shall refuse to make answer on oath to such questions as may be asked him, relating to such infection or distemper, by the Board of Health, or its agents, such master, seaman, or passenger, so refusing, shall be punished by fine not exceeding five hundred dollars, or imprisonment at hard labor not exceeding twelve months, or both, in the discretion of the court.

 

§298.  All expenses incurred on account of any person, vessel or goods, under any quarantine regulations, shall be paid by such person, vessel, or owner of such vessel or goods respectively.

 

§299.  It shall be the duty of the Marshal, and all officers of police, and physicians, to report to the Board of Health, or its nearest authorized agent, the existence of any nuisance, injurious to the public health, of which either of them may be cognizant, as soon as possible after it shall come to their knowledge.

 

§300.  It shall be the duty of every physician having a patient infected with small pox, or any other disease dangerous to the public health, to give immediate notice thereof to the Board of Health, or its nearest agent, in writing, and in like manner to report to said Board, or its agent, every case of death which takes place in his practice, from any such disease; and every physician who shall refuse or neglect to give such notice, or make such report, shall be fined for each offense not less than ten, nor more than one hundred dollars.

 

§301.  It shall be the duty of every householder, keeper of a boarding or lodging house, or master of a vessel, to report immediately to the Board of Health, or its nearest agent, any person in or about their house, or vessel, whom they shall have reason to believe to be sick, or to have died of, the small pox, or any other disease dangerous to the public health, under a penalty of not less then five, nor more than one hundred dollars, for each offense.

 

§302.  When any person shall be infected with the small pox or other sickness dangerous to the public health, the Board of Health, or its agent may, for the safety of the inhabitants, remove such sick or infected person to a separate house, and provide him with nurses and other necessaries, which shall be at the charge of the person himself, his parents or master, if able, otherwise at the charge of the government.

 

§303.  If the infected person cannot be removed without danger to his life, the Board of Health, or its agent, may make provision for him, as directed in the last preceding section, in the house in which he may be; and, in such case, they may cause the persons in the neighborhood to be removed, and may take such other measures as they shall judge necessary for the public health and safety.

 

§304.  The Minister of the Interior may establish a hospital on each of the islands of Oahu, Maui, Hawaii, and Kauai, to be under the immediate supervision and control of the Board of Health, which may make rules and regulations for the government of such hospitals; which rules and regulations shall be published for general information.

 

§305.  For the purpose of removing nuisances, and causes of sickness, the Board of Health may require the Marshal and Sheriffs to cause the prisoners under their charge to aid in such work.

 

§306.  In case any moneys are expended by the Board of Health, for any sick person brought into this Kingdom in any vessel from abroad, it shall be the duty of said Board, or its agent, to demand the same from the master of the vessel, in which such sick person was brought; and the Collector of Customs shall not grant a clearance to such vessel until the same is paid.  The master of such vessel shall be liable for the amount of moneys thus expended.

 

Section 4.  Section 30 of Chapter 59 of the Penal Code, approved July 7^th, 1870, be, and the same is hereby amended to read as follows, viz.:

 

Section 30.  For the purpose of carrying into the effect the law relating to the public health, the Board of Health shall be and hereby is invested with full power to apportion and disburse all sums of money that shall be appropriated by the Legislature for the preservation of the public health, and in case of pestilence or contagious disease, all such sums shall from time to time be appropriated by the King and Privy Council for the protection of the lives and health of the people.  The said Board shall observe the strictest economy in the expenditure of all public moneys placed under its control, and shall deposit with the Minister of the Interior for safe keeping, all the original vouchers for expenditures made under its direction and all books, records and papers relating to its business and transactions.  All drafts upon the public treasury for expenditures under the Board of Health shall, in order to their validity, be signed by the Minister of the Interior.

 

§308.  The Board of Health shall keep a regular record of its proceedings, and shall, annually, make a full and detailed report of its transactions, including an account of its receipts and expenditures, to the Minister of the Interior, who shall lay the same before the Legislature.  Said Board shall also, during the prevalence of any severe pestilence, or epidemic, publish a weekly report of the public health.

 

§309.  The Minister of the Interior shall appoint, upon the recommendation of the Board of Health, a suitable person to be vaccinating officer in each of the gubernatorial divisions of the Kingdom, who shall receive such salary as may, from to time, be appropriated by the Legislature, and shall be removable from office at the pleasure of said Minister.

 

§310.  Each vaccinating officer shall appoint, at least, three convenient places in each school district throughout his division, for the performance of vaccination; and, from time to time, give public notice of the time when he will attend at such places, to vaccinate all persons not already successfully vaccinated who may then and there appear; and also of the time when he will attend at such places, to inspect the progress of such vaccination in the persons so vaccinated.

 

§311.  The father or mother of every child shall, within six months after the birth of such child, or, in the event of the death, illness, or absence of the father or mother, then the guardian, nurse, or person having charge of such child, shall, within six months after its birth, or at the earliest opportunity after, take such child to the vaccinating officer, for the purpose of being vaccinated.

 

§312.  Upon the eighth day, following the day on which any child has been vaccinated, the father, mother, guardian, or other person having charge of said child, shall again take such child to the vaccinating officer that he may ascertain by inspection the result of such operation.

 

§313.  If the vaccination is found to be successful, the officer shall deliver to the father, mother, or other person having charge of the child, free of charge, a certificate that the child has been successfully vaccinated, and shall note the same in a book to be kept by such officer for that purpose.

 

§314.  On the presentation of any child to be vaccinated, should the officer deem the child to be in an unfit state to be vaccinated, he may postpone the operation at his discretion, and give due notice to the parents, or person having charge of such child, to reproduce the same for vaccination at a future time.

 

§315.  The vaccinating officers shall visit the necessary stations appointed by them, at least once every six months, and oftener, if required to do so by the Minister of the Interior, or Board of Health.

 

§316.  Every parent, guardian or other person having the charge of any child, who shall refuse or neglect to comply with the provisions of the law respecting vaccination, shall be subject to a fine of five dollars; one-half of which shall be paid to the informer.

 

§317.  The several vaccinating officers shall keep a faithful record of their transactions, and make an annual report of the same to the Minister of the Interior.

 

OF INQUESTS.

 

§318.  The Marshal and Sheriffs, and in all other districts than Honolulu, and Lahaina, the several District Justices shall, ex officio, act as Coroners, without extra compensation.

 

§319.  As soon as any Coroner shall have notice of the death of any person, within his jurisdiction, supposed to have come to such death by poisoning, violence, or in any suspicious manner, he shall forthwith issue his summons to six good and lawful men, of the district where such death may have occurred, or in which the dead body may have been found or is at the time lying, to appear before him at the time and place expressed in the warrant, then and there to inquire upon the view of the body of the deceased, when, how, and by what means he came to his depth.  All persons summoned to serve on such jury, shall serve without pay; and if any person summoned to serve on such jury, fail to appear, without reasonable excuse therefor, he may be fined by the Coroner, not exceeding five dollars; and the Coroner may issue process to any constable for the collection of any fines thus imposed.

 

§320.  If the six jurors summoned shall not appear, the coroner may summon other jurors from the bystanders, or others, to complete the number.

 

§321.  When the jury is complete the Coroner shall call over their names, and then in view of the body, he shall administer to them the following oath:

 

You solemnly swear that you will diligently inquire, and true presentment make, when how, and by what means, the person whose body lies here dead, came to his death; and you shall return a true inquest thereof according to your knowledge, and such evidence as shall be laid before you: So help you God.

 

§322.  The Coroner may issue subpoenas for witnesses, returnable forthwith, or at such time and place as he shall therein direct, and may enforce the same by fine or imprisonment, or both, in the discretion of said Coroner.

 

§323.  An oath to the following effect shall be administered to the witness:

 

You solemnly swear, that the evidence which you shall give to this inquest, concerning the death of the person here lying dead, shall be the truth, the whole truth, and nothing but the truth: So help you God.

 

§324.  The testimony of all witnesses examined before any inquest, shall be reduced to writing by the Coroner, or some other person by his direction, and subscribed by the witnesses.

 

§325.  The jury upon the inspection of the dead body, and after hearing the testimony of the witnesses, and making all needful inquiries, shall draw up and deliver to the Coroner, their inquisition under their hands.

 

§326.  Every coroner’s jury shall, if possible, find and certify when, how, and by what means, the deceased person came to his death, and his name if it was known, together with all the material circumstances attending his death; and if it shall appear that he was murdered, the jury shall state who were guilty either as principal or accessory, if known, or were in any manner the cause of his death.  The form of the inquisition may be in substance as follows:

 

An inquisition taken at ________, island of _________, on the _______ day of ________, in the year _______, before _________, one of the Coroners of said island, upon the body of ________, (or, a person) there lying dead, by the oaths of the jurors whose names are hereunto subscribed, who being sworn to enquire when, how, and by what means the said _________, (or person) came to his death, upon their oaths do say, (then insert when, how, and by what person, if known, means, weapons, or instruments he was killed.)  In testimony whereof, the said Coroner, and the jurors of this inquest, have hereunto set their hands, the day and year aforesaid.

 

§327.  If the jury find that any murder, manslaughter, or assault had been committed on the deceased, the coroner shall bind over by recognizance, or, if necessary, commit to jail such witness as he shall think proper, to appear and testify upon the trial of any person who may be indicted for such offense.  The Coroner shall return to the Court before which such trial is to be had, the inquisition, written evidence, and all recognizances and examinations by him taken.

 

§328.  If any person charged by the inquest with having committed such offense, shall not be in custody, the Coroner shall have the power to issue process for his apprehension, and such process shall be made returnable before any Police or District Justice, or any other magistrate or court having jurisdiction in the case, who shall proceed therein, in the same manner as if he had issued such process himself.

 

§329.  When any Coroner shall take an inquest upon the dead body of a stranger, or, being called for that purpose, shall not think it necessary on view of such body, that any inquest should be taken, he shall cause the body to be decently buried.

 

§330.  No fees shall be paid to jurors or witnesses attending upon any coroner’s inquest, but all the reasonable expenses of the inquisition shall be paid to the Coroner from the public treasury, the account of such expenses being first examined and allowed by the Minister of the Interior.

 

OF THE FIRE DEPARTMENT OF HONOLULU.

 

§331.  There shall be a Fire Department for the City of Honolulu, which shall consist of a Chief Engineer, two Assistant Engineers, one Fire Marshal and as many firemen as may be approved by the representatives of the Department chosen according to its by-laws.

 

§332.  The Chief Engineer and the two Assistant Engineers, shall be elected annually, on the first Monday of June, by the certificate members of the Fire Department.

 

§333.  The Fire Marshal shall be elected annually by the Representatives of the Department.

 

§334.  The elections provided for in the two last preceding sections, shall be conducted in such manner as the by-laws of the Department shall prescribe.

 

§335.  The Chief Engineer shall, in all cases of fire, have the sole and absolute control and command over all the members of the Fire Department; and it shall be his duty to cause the several fire engines to be located in the most advantageous situations, and duly worked for the effectual extinguishing of fires.  He may grant the custody and use of the fire engines, fire buckets, and other fire apparatus belonging to government, to such firemen as he may deem proper, and assume the control of them at his pleasure; and he shall, as often as once in three months, examine into the condition of the fire engines, engine houses, fire buckets, and other fire apparatus, and report the condition of the same to the Minister of the Interior, together with the names of all the certificate members of the department.  When any of the said fire engines, or other apparatus, shall require to be repaired, the Chief Engineer shall cause the same to be well and sufficiently repaired.

 

§336.  In case the Chief Engineer shall be absent from a fire, the First Assistant shall assume his duties; and in case the Chief Engineer and First Assistant shall both be absent, their duties shall devolve upon the Second Assistant Engineer.

 

§337.  The Fire Marshal shall divide the City of Honolulu into four districts, and report their boundaries to the Chief Engineer for the purpose of making the visitations and examinations provided for in the next section; and he shall keep a record of the names of the occupants of the houses or other buildings when he shall observe any violations of the provisions of this law.

 

§338.  It shall be the duty of the Fire Marshal twice in every year, and as much oftener as he may deem proper, to examine the dwelling houses and other buildings in the respective districts for the purpose of ascertaining any violations of this law; and also to examine the fire places, hearths, chimneys, stoves and stove-pipes in the respective districts, and upon finding any of them defective or dangerous, he shall direct the owner or occupants by written notice, to alter, remove or amend the same; and in case of neglect so to do, the party offending, on conviction, shall forfeit and pay twenty-five dollars for the benefit of the Fire Department, and for every day of the times allotted for such alteration, removal or amendment, the party so offending shall forfeit and pay the further sum of ten dollars, and the Fire Marshal may make such alteration, removal or amendment at the expense of said owner or occupant.

 

§339.  It shall be the duty of the Fire Marshal to prosecute all persons guilty of a violation of any of the provisions of this law, before the Police Court of Honolulu, and he shall pay over all fines collected to the Treasurer of the Fire Department, deducting twenty per cent of such fines for his services.

 

§340.  The firemen shall be divided into companies, to consist of such number as shall, from time to time, be fixed by the by-laws of the several companies.  Each of said companies may choose out of their own number a foreman, a secretary and treasurer, in such manner, and at such times as they shall think proper.

 

§341.  It shall be the duty of said firemen, whenever any fire shall break out in this city, to repair immediately to said fire with their respective engines, hose carriages, hooks, ladders, and other apparatus, and there to work and manage such fire engines, and other fire implements, with all their skill and power, as the Chief Engineer may direct, and they shall not remove therefrom without permission of the Chief Engineer.

 

§342.  For the more effectual perfecting of the firemen in their duties, they shall once in every month draw out their several engines, in order to wash and cleanse the same, and to exercise the firemen; and if any fireman shall neglect said duty, he shall forfeit and pay such penalty as the majority of his company shall direct.

 

§343.  If any fireman shall neglect to attend any fire, or leave his engine, or other apparatus, while at any fire, without permission, or shall neglect to do his duty on such occasions, without reasonable excuse, he shall for every default, pay such penalty as the majority of his company shall fix; and may, by a vote of the majority of his company, be dismissed as a fireman.

 

§344.  The representatives of the Department shall have authority, whenever a company has, for six months, so few members as to render it inefficient, to disband the same, and assign the members thereof, with their consent, to any other company or companies to which they are assigned.

 

§345.  It shall be the duty of such members of the city police as are not on duty, at the time of the fire, to repair immediately on the alarm of fire, with their badges of office, to the place where such fire may be, to preserve the peace, protect property, remove all idle or suspected persons, or others not actually employed in extinguishing the fire, and also, upon request, to arrest and detain in custody all persons refusing to obey the orders of the Chief Engineer, or either of his assistants.  Every police officer who shall violate any of the provisions of this section shall forfeit and pay the sum of ten dollars for each offense.

 

§346.  All policemen of Honolulu on duty at the time of an alarm of fire, are required to remain at the places where they have been stationed, and to give the alarm of fire, until the community are aroused, and should any such policeman leave his station without the order of his Chief, he shall forfeit and pay ten dollars for each offense.

 

§347.  No person shall, unless by permission of the Chief Engineer, kindle any fire, or furnish the materials for any fire, nor in any way authorize any fire to be made in any street, road, lane, market place, or other highway, or on any pier or wharf in the city (except for the purpose of boiling tar, which fire shall  not be more than ten feet from the end of the pier or wharf) under the penalty of five dollars for each offense.

 

§348.  Every building occupied as a dwelling-house in Honolulu, or as a store-house, or regular place of business, shall be furnished with at least two fire buckets, which shall be kept in a conspicuous place, and upon which the name of the owner shall be painted; and all occupants of buildings not so furnished shall be liable to a fine not exceeding ten dollars.

 

§349.  Any person giving a false alarm of fire in Honolulu, shall forfeit and pay for each offense, a fine not exceeding fifty dollars.

 

§350.  All male residents of Honolulu going to a fire are required to obey the orders of the Chief Engineer, his Assistant Engineers, the Governor of Oahu, and the Marshal of the Kingdom and his Deputies, under a penalty of five dollars for each offense.

 

§351.  Any person cutting, or in any way intentionally injuring any portion of the fire apparatus, shall be subject to a penalty not exceeding one hundred dollars.

 

§352.  It shall be the duty of all persons owning or occupying premises adjacent to a fire, to allow free access to the same by the fire department, upon the order of the Chief Engineer, or either of the Assistant Engineers, for the purpose of obtaining water or using the fire apparatus for the extinguishing of any fire; and in case such access is refused, the Chief Engineer, or the person acting in his place, is hereby authorized forcibly to enter said premises for the purposes aforesaid, and the persons so refusing shall forfeit and pay not less than twenty dollars.

 

§353.  The City of Honolulu, for the purposes of this law, shall comprise all the space within a circle, whose center is the public market house of Honolulu, and whose radius is one mile.

 

OF THE SAFE KEEPING OF GUNPOWDER

 

§354.  The Minister of the Interior may make such regulations for the storing, keeping and transportation of gunpowder, in any town of the kingdom, as he may think the public safety requires; and no person shall store, keep, or transport any gunpowder, in any other quantity or manner than is prescribed in such regulations.

 

§355.  Whoever shall violate any of such regulations, shall be fined for each offense, not less than twenty, nor more than one hundred dollars.

 

§356.  All gunpowder introduced into, or kept in any town contrary to said regulations, may be seized by any sheriff, or any other officer of police, and the same shall be forfeited for the benefit of the public treasury.

 

§357.  Any person injured by the explosion of any gunpowder, in the possession of any person contrary to the regulations prescribed by the Minister of the Interior, may have an action for damages against the person having custody or possession of the same; at the time of the explosion, or against the owner of the same, if cognizant of such neglect.

 

§358.  All sheriffs, and other officers of police, shall have authority to enter any building, or place, to search for gunpowder supposed to be concealed there contrary to law; and any Police or District Justice, may grant a search warrant for that purpose.

 

§359.  No regulations for the safe keeping of gunpowder shall take effect until they have been published three weeks successively in some newspaper in the town, or by posting up attested copies of them in three conspicuous places in such town.

 

OF WRECKS AND SHIPWRECKED GOODS.

 

§360.  It shall be the duty of the Marshal, Sheriffs, and their deputies throughout the Kingdom, under the direction of the respective Governors, to take charge of, secure and preserve for the owners thereof, all wrecks and wrecked goods that may be cast upon the shores of their respective jurisdictions.

 

§361.  Every Governor immediately on receiving intimation of any shipwreck, or of the finding of any shipwrecked property to the amount of one hundred dollars, or more, on any of the shores of waters within his jurisdiction, shall order the Sheriff to repair to the place where said wreck or property may be found, and in case the same shall not be in custody of any owner or agent, he shall take charge thereof, and shall secure and preserve the same for the owners.

 

§362.  The Sheriff in such case, may employ as many persons as he shall think proper, to assist in preserving the property; and he may appoint guards to receive the same, and may suppress all tumults and disorders; and if any person shall disobey any lawful order of the Sheriff, he may be imprisoned summarily, as the case may require, and upon subsequent trial he shall be fined for every such offense in a sum not exceeding ten dollars, or be imprisoned at hard labor for a term not exceeding three months.

 

§363.  The Sheriff shall, on every such occasion, take an inventory of all the property that shall come to his possession; and when required by the owner of the property, or his agent, or by any person interested, he shall make oath to the truth of such inventory, and shall deliver a copy thereof, if required, together with all the said property, to the owner, or agent, or other person lawfully authorized to receive it: provided there shall be first paid, or secured to be paid, to the Sheriff, a reasonable compensation for his services, and such custom-house duties and other charges, if any, as he shall have paid or become liable to pay, on account of the property in question.

 

§364.  If the Sheriff and the other party shall not agree on the sum so due to the Sheriff, then the case may be submitted to arbitrators, to be chosen by the respective parties; but, if the other party shall not agree to submit the case to arbitrators, it shall be submitted to some Judge of the Supreme Court, or Circuit Court of the island, who shall, either in vacation or term time, hear and decide the case in a summary manner, on due notice, and may issue such process as may be necessary to carry his decision into effect.

 

§365.  No person interested in any such property shall be held to pay to any person, other than a Sheriff, any compensation for services or expenses in taking or securing the property, unless it be for property taken before the arrival of the Sheriff.

 

§366.  If any person shall, after the arrival of the Sheriff, take, detain, or intermeddle with any property shipwrecked, or found as aforesaid, except under the direction of the Sheriff, owner, or agent, or other person interested, he shall be subject to a fine not exceeding five hundred dollars, in the discretion of the Court.

 

§367.  The Sheriff, as soon as may be after his arrival at the place where such property shall be found, shall publish the particulars of the shipwreck, and of the goods found, with such other material facts as he shall ascertain, in such manner as he shall deem best for the information of all parties interested; and in case of neglect so to do, he shall be subject to a fine not exceeding one hundred dollars.

 

§368.  The Sheriff, under direction of the Governor, may dispose of so much of the property by public auction as shall be necessary to pay any duties thereon for which they may be liable to the Custom House.

 

§369.  He may sell by auction to the best advantage, such of the property as may be of a perishable nature, whenever necessity may require it, giving reasonable public notice, and if practicable, in a public newspaper.

 

§370.  If no person interested shall appear and establish his claim to such property, the Sheriff shall present, under oath, to the Consul or Vice-Consul, if there be one in the Kingdom, of the nation to which the wrecked property may belong, in case of its being foreign property, an inventory of the same; and if sold, an account of the sales; with an account of all moneys paid by him as duties and expenses on the same; and he shall pay and deliver to such Consul or Vice-Consul, the balance of such accounts, with all the property remaining in his hands, and all papers found by him on board such wreck.

 

§371.  In all other cases the Sheriff shall render a like account, and pay over the balance to the Minister of Finance, who shall retain the same, subject to the claims of the parties interested, for the period of two years, when, if remaining unclaimed, it shall be used for the benefit of the public treasury.

 

§372.  In any law relating to wrecks and shipwrecked property, the word “Sheriff” shall be construed to mean Marshal, Sheriff, or Deputy Sheriff.

 

OF THE LAW OF THE ROAD

 

§373.  Whenever any person shall meet each other on any bridge, road, or on the highway, traveling with carriages, wagons, carts, or other vehicles, each person so meeting, shall seasonably turn his horse or other animal, or drive his carriage, or other vehicle, to the right of the middle of the traveled part of such road or bridge, when practicable; so that the respective carriages, or other vehicles aforesaid, may pass each other without interference.

 

§374.  When it is difficult or unsafe for persons traveling with any of the aforesaid carriages, or other vehicles, on account of their being heavily laden or otherwise, to turn or drive their carriages, or other vehicles, to the right of the middle of such traveled part, as aforesaid, any person thus prevented, when meeting with any other person traveling with any of the carriages, or vehicles aforesaid, shall stop a reasonable time, at a convenient part of the road, to enable such other person to pass by.

 

§375.  Whenever any person traveling with any carriage or vehicle as aforesaid, on any bridge, or road, shall overtake any other person with any such carriage or vehicle, either stationary at some inconvenient place for passing by, or traveling at a slower rate, and shall request such other person to permit him to pass, it shall be the duty of the person so overtaken, to turn or drive his carriage, or vehicle, to the right or left of the middle of the traveled part of said bridge or road, or to stop a reasonable time in some convenient place, for the other person to pass by.

 

§376.  No person shall permit his carriage or vehicle to travel or pass, on any such bridge or road, without a suitable driver or conductor; nor shall leave the same on any such bridge or road stationary, in such a situation as to obstruct other persons, traveling with any carriage or other vehicle.

 

§377.  Every person violating either of the foregoing provisions of the law of the road, shall be fined, for each offense, not less than one, nor more than twenty-five dollars.  And any person injured by any violation of the provisions aforesaid, shall be entitled to recover damages, in an action to be commenced within six months after the injury.

 

OF WEIGHTS AND MEASURE

 

§378.  It shall be the duty of the Minister of the Interior to procure a standard set of weights and measures; and it shall be his duty to try by such standards, all such weights and measures as shall be presented to him to be tried;  and to seal such as shall be found true with the capital letters H.I.

 

§379.  Said Minister shall furnish to each of the respective Governors, copies of the original standards, for the use of their respective divisions; and it shall be the duty of the said Governors to try all such weights and measures as may be presented to them to be tried; and to seal such as shall be found true, with the initial letters of their respective divisions.

 

§380.  The charge for trying any weights and measures shall be as follows: For sealing and marking every beam, fifty cents; for sealing and marking every measure of extension, twenty-five cents; for sealing and marking every weight, ten cents; for sealing and marking every liquid or dry measure, ten cents; and a reasonable compensation for making such weights and measures conform to the standards.

 

§381.  The Standards of Weights and Measures shall be those adopted and now used, or that may be adopted and used, by the United States of America.

 

§382.  Whenever any wheat, rye Indian corn, barley or oats, shall be sold by the bushel, and no special agreement as to the measurement shall be made by the parties, the bushel shall consist of sixty pounds of wheat, of fifty-six pounds of rye, of fifty-six pounds of Indian corn, of forty-eight pounds of barley, and thirty-two pounds of oats.

 

§383.  If any person shall sell any goods, wares, or merchandise, fruit, vegetables, or other commodity whatsoever by any beams, weights, or measures, that have not been duly sealed, he shall be fined for each offense a sum not exceeding fifty dollars; and any person who shall be injured or defrauded by the use of any such beams, weights, or measures, may maintain an action against the offender; and if judgment be rendered for the plaintiff, he shall recover double damages and the costs of suit.

 

OF THE FISHERIES

 

§384.  All fishing grounds appertaining to any government land, or otherwise belonging to the government, excepting only ponds, shall be, and are hereby granted to the people, for the free and equal use of all persons: provided, however, that, for the protection of such fishing grounds, the Minister of the Interior may taboo the taking of fish thereon, at certain seasons of the year.

 

§385.  The Minister of the Interior shall give public notice of any such taboo imposed by him; and no such taboo shall be in force until such notice has been given.  Every person who shall violate such taboo shall be punished by a fine not exceeding fifteen dollars, and the value of the fish taken.

 

§386.  No person residing without the Kingdom shall take any fish within the harbors, streams, reefs, or other waters of the same, for the purpose of carrying them for sale, or otherwise, to any place without the Kingdom, under penalty of a fine not exceeding two hundred dollars, in the discretion of the Court.

 

§387.  The fishing grounds from the reefs, and where there happen to be no reefs, from the distance of one geographical mile seaward to the beach at low water mark, shall, in law, be considered the private property of the konohikis, whose lands, by ancient regulation, belong to the same; in the possession of which private fisheries, the said konohikis, shall not be molested, except to the extent of the reservations and prohibitions hereinafter set forth.

 

§388.  The konohikis shall be considered in law to hold said private fisheries for the equal use of themselves, and of the tenants on their respective lands; and the tenants shall be at liberty to use the fisheries of their konohikis, subject to the restrictions imposed by law.

 

§389.  The konohikis shall have power each year, to set apart for themselves one given species or variety of fish natural to their respective fisheries, giving public notice, by viva voce proclamation, and by at least three written or printed notices posted in conspicuous places on the land, to their tenants and others residing on their lands, signifying the kind and description of fish which they have chosen to be set apart for themselves.

 

§390.  The specific fish so set apart shall be exclusively for the use of the konohiki, if caught within the bounds of his fishery, and neither his tenants nor others shall be at liberty to appropriate such reserved fish to their private use, but when caught, such reserved fish shall be the property of the konohiki, for which he shall be at liberty to sue and recover the value from any person appropriating the same.

 

§391.  The konohikis shall not have the power to lay any tax, or to impose any other restriction, upon their tenants, regarding the private fisheries, than is hereinbefore prescribed, neither shall any such further restriction be valid.

 

§392.  It shall be competent to the konohikis, on consultation with the tenants of their lands, in lieu of setting apart some particular fish to their exclusive use, as hereinbefore allowed, to prohibit during certain months in the year, all fishing upon their fisheries; and, during the fishing season, to exact of each fisherman among the tenants, one-third part of all the fish taken upon their private fishing grounds.  In every such case it shall be incumbent on the konohikis to give the notice prescribed in Section 389.

 

§393.  No person who has bought, or who may hereafter buy, any Government land, or obtain land by lease or other title from any party, has or shall have any greater right than any other person, resident in this Kingdom, over any fishing ground not included in his title, although adjacent to said land.

 

§394.  If that species of fish which has been tabooed by any konohiki, shall go on to the grounds which have been, or may be, given to the people, such fish shall not be tabooed thereon.  It shall be tabooed only when caught within the bounds of the konohiki’s private fishery.  Nor shall it be lawful for a konohiki to taboo more than one kind of fish upon any fishing grounds which lie adjacent to each other.

 

§395.  Every konohiki or other person who shall willfully deprive another of any of his legal rights to fish on any fishing ground, which now is, or may become, free to the use of the people, or who shall willfully exact from another any portion of the fish caught on any public fishing ground, or who shall willfully exact of another, for the use of any private fishery, a greater amount of fish than by law he is entitled to receive as his share, and any tenant or other person who shall willfully deprive any konohiki of his fishing rights, by appropriating to himself the tabooed fish of said konohiki, or otherwise, shall be punished by a fine not exceeding one hundred dollars for every such offense, in the discretion of the Court, and in default of the payment of such fine be imprisoned at hard labor not exceeding three months.

 

§396.  The several District Justices shall have power to try and punish all offenses against the provisions of the last preceding section, committed in their respective districts.

 

 

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