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Hawaiian Kingdom Civil Code


ARTICLE XXII—PORT REGULATIONS.

 

§605.  All vessels that may enter any port shall be anchored in the place designated by the harbor-master, and moved from one anchorage to another, as he may direct; and no vessel, excepting coasting vessels under fifty tons burden, and vessels about to leave the harbor, shall quit her anchorage or moorings until the commanding officer shall have received the written permission of the harbor-master, under penalty of a fine not exceeding one hundred dollars.

 

§606.  The harbor-master, or any pilot, while removing a vessel from one anchorage or mooring to another, may make fast to any other vessel, or to any warp or wharf; and any person resisting the same, cutting away, or casting off the warp or fastening, shall be subject to a fine not exceeding one hundred dollars; and if such person belong to any vessel, the master of such vessel shall be responsible for any damages resulting from such resistance, cutting away, or casting off, as well as the fine imposed upon the offender.

   

§607.  In order to facilitate the removing and placing of vessels in their proper berths, all vessels in the harbor shall, when requested by the harbor-master or any pilot, slack down their stream cables and other fastenings, and also their bower chains, under penalty of a fine not exceeding one hundred dollars.

 

§608.  All vessels entering port shall, if so requested by the harbor-master or any pilot, rig in their jib, flying jib, and spanker booms, and spritsail yards, and top their lower and topsail yards, within twenty-four hours after anchoring I such port; and in all cases before attempting to come alongside of, or make fast to either of the docks or wharves, and keep them so rigged in and topped until within twenty-four hours before leaving the harbor, and until after removing from any wharf or dock, under the penalty of a fine not exceeding one hundred dollars.

 

§609.  All vessels anchoring outside the reef at Honolulu, shall, when so requested by the harbor-master or any pilot, change their anchorage, and anchor in such place as he may direct, under penalty of a fine not exceeding one hundred dollars.

 

§610.  No combustible materials, such as pitch, tar, resin, or oil, shall be heated on board of any vessel within the harbor of Honolulu, but all such combustible articles shall be heated either on shore, or in a boat, or on a raft, at a reasonable distance from the vessel, of which distance the harbor-master shall be the judge.   Every person violating the provisions of this section, shall be liable to a fine not exceeding one hundred dollars.

 

§611.  No stones or other rubbish, shall be thrown from any vessel into the harbor of Honolulu, or Hilo, under penalty of a fine not exceeding one hundred dollars, and the master of any vessel from which stones or rubbish are thrown, shall be subject to a like fine.

 

§612.  Any person who shall throw, or cause to be thrown, or leave or cause to be left, for the space of six hours, upon the shores or reefs of any harbor in this Kingdom, any dead animal, shall be subject to a fine not exceeding one hundred dollars, and shall cause the same to be removed without delay.

 

§613. Every vessel taking on board or discharging any ballast, or coals, within the harbor of Honolulu, shall have a tarpaulin properly stretched and spread so as to prevent any falling into the water, under penalty of a fine not exceeding one hundred dollars.

 

§614.  If any person commit any offense on shore, and the offender escape on board any vessel, it shall be the duty of the commanding officer of said vessel to surrender such offender to any officer of the police who may demand his surrender, either with or without a warrant, on production of his commission or appointment; and if such commanding officer shall refuse to surrender such offender, he shall be subject to a fine of not less than fifty, nor more than one thousand dollars; and upon written notice to the Collector of Customs by said officer of police, the vessel shall not receive a clearance at the Custom House, until the fine is paid, and the offender surrendered.

 

§615.  If the commanding officer of any vessel shall secrete, or allow to be secreted, on board such vessel, any prisoner amenable to, or convicted under the laws of this Kingdom, or convey him out of the jurisdiction of the Hawaiian Islands, he shall be subject to a fine of not less than fifty, nor more than one thousand dollars; and the vessel in which such prisoner shall be conveyed shall be liable to a like fine, for the payment of which she may be seized, condemned and sold.

 

§616.  It shall be lawful for the Marshal, any sheriff, or other police officer, to search any vessel for deserters, criminals, or other offenders or debtors, without a warrant, on producing to the commanding officer of the vessel, his commission or appointment as Marshal, sheriff, or police officer; and the commanding officer of a vessel who shall refuse any Marshal, sheriff or other police officer, access to the vessel or any part thereof, shall be subject to a fine not less than ten dollars, nor more than one thousand dollars, in the discretion of the court; and such vessel shall not be entitled to a clearance, until the fine is paid, and the search allowed; provided, however, that the provisions of this section shall not be construed to interfere with the jurisdiction of foreign consuls, under existing treaty stipulations.

 

§617.  Nothing contained within the last three preceding sections shall be construed as to apply to ships of war, or other vessels commanded by officers bearing the commission of foreign states, and not subject to search by the law and usage of nations.

 

§618.  No foreign consul, vice-consul, or consular agent, shall deliver to the master of any foreign vessel, the register, and other papers of such vessel deposited with him, until such master shall produce to him a clearance in due form, from the collector of the port; and any consul, vice-consul, or consular agent, offending against this provision, shall, upon conviction thereof before the Supreme Court, be fined in the discretion of the court, not less than one hundred dollars, nor exceeding one thousand dollars.

 

§619.  The Governor of Oahu shall cause a bell to be rung at the port of Honolulu, at nine and a half o’clock of each evening, as a signal to all mariners at that time on shore, without the written permission of the chief of police, to return on board their vessels; and the bell shall again be rung at ten o’clock, and all mariners found on shore after that time, without such written permission, shall be liable to arrest, and a fine of two dollars.

 

§620.  The governor of Maui shall cause a bell to be rung at the port of Lahaina at seven o’clock of each evening as a signal to all mariners at that time on shore without the written permission of the Chief of Police, to return on board their vessels; and the bell shall again be rung at eight o’clock, and all mariners found on shore after that time without such written permission, shall be liable to arrest and a fine of two dollars.

 

 

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