ARTICLE XXIII—OF THE ARREST AND DETENTION OF DESERTERS AND MUTINEERS.

 

§621.  If any seaman desert from a vessel, the commanding officer shall, under the penalty of a fine not exceeding one hundred dollars, within forty-eight hours thereafter, inform the chief of police of the port of such desertion, who shall cause diligent search to be made for such deserter, to the end that he may be restored to his vessel.

 

§622.  In case of the arrest of any deserter near the port, where the vessel is at anchor, the chief of police shall be entitled to receive from the commanding officer for such arrest, the sum of six dollars; and if arrested at a distance of more than five miles from the port, said chief of police shall be entitled to receive the sum of twelve dollars, besides such necessary expenses as may have been incurred in arresting such deserter, and bringing him to the port.

 

§623.  Every seaman who shall desert from the vessel on which he has shipped, bound for a foreign voyage, after the said vessel shall have left port, shall, on being arrested, pay back to the agent of said vessel the amount of his advance, or in default thereof, be confined at hard labor for the term of not more than six nor less than four months, in the discretion of the court.

 

§624.  In case the commanding officer of any vessel shall decline to receive any deserter from his vessel upon arrest, and such deserter shall remain in prison after his arrest, the commanding officer shall pay one dollar per day for the time during which said deserter shall so remain imprisoned; and in all cases when a vessel shall leave the port, and any person who deserted from the same shall remain in prison, or be arrested thereafter, the said deserter shall be liable to pay the fee for his arrest as provided in Section 622 of the civil Code, and for his detention as above prescribed.

 

§625.  The agents, owners, or masters of vessels, on account of whom the deserters have been apprehended, shall, upon the requisition of the local authorities, take or send such deserters out of the Kingdom, or give security to the satisfaction of the chief of police, for their good conduct; and in case any such agent, owner or master, shall refuse or neglect to comply with such requisition, he shall be subject to the payment of five dollars per day, for the time during which any such deserter is detained in custody.

 

§626.  All deserters, not taken or sent out of the Kingdom, may be put to hard labor, during their confinement, by the chief of police, at his discretion.

 

§627.  Any person aiding or abetting the desertion of any seaman, shall be subject to a fine not exceeding one hundred dollars, in the discretion of the court.

 

§628.  Upon written application made to the chief of police of any port, by any foreign consul, vice-consul, or commercial agent, residing in this Kingdom, requesting the arrest of any mutinous person, or persons, on board of any vessel of his nation, being within the jurisdiction of this Kingdom, it shall be lawful for such chief, or any other officer of police, to proceed  on board such vessel, and arrest the person or persons described in such application: provided such consul, vice-consul, or commercial agent, shall state in his application, that he will indemnify the chief of police from all damages which may result from said proceeding, and from the detention of such person or persons, and that he will pay all costs and charges incident thereto.

 

§629.  It shall be lawful for the chief of police to detain such arrested person or persons, in prison, until called for by the foreign agent who caused their arrest.

 

ACT TO PROVIDE FOR THE ARREST AND PUNISHMENT OF OFFICERS AND SEAMEN REFUSING DUTY ON OR DESERTING FROM HAWAIIAN VESSELS ENGAGED IN THE FOREIGN TRADE.

 

Section 1.  Any officer or seaman legally attached to any Hawaiian vessel engaged in the foreign trade who shall refuse duty on or desert from any such vessel, shall, upon conviction before any police or district justice, be subject to a fine not exceeding fifty dollars and costs, and in default of payment of such fine and costs be imprisoned at hard labor not exceeding six months.  And may be ordered to be returned to his vessel.

 

Section 2.  Any police or district justice may, on complaint made by the master, owner or agent of any such vessel, issue his warrant for the arrest of any person charged with either of the said offenses.

 

Section 3.  It shall be lawful for the Marshal or his deputy, or any sheriff or gaoler having in his custody any person convicted under the provisions of this Act, when the vessel to which such person is attached is about to proceed upon her voyage, upon the requisition of the master of such vessel, and upon payment of the costs of the prosecution, to deliver such person on board his said vessel, notwithstanding the term of his sentence shall not have expired.

 

Section 4.  Upon the hearing of any such complaint as aforesaid, the shipping articles certified by any Hawaiian consul or commercial agent shall be prima facie evidence of the legal shipment of the party accused.

 

 

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