St. & B 354362 . ~4- H "A" . . *T.: IIIf REGEIVED IN ExCFLANGE FROM - |-- - |- - |- - |-|- |- |-|- |-|- |-|- |- |-| |-|-|-|- - |- | | | ||- |-|- .|-- |-|-|--|-… |- | ---- |-|- ·|- -|- - . |-|-|- ----|-|-| |-|-|-| |-- - - - |- |- -|-- -|-|- -|- ſae|- |- |- |-|- ----…|- |-|- |- ， .|- ſae … "". ſ º ！ $ |-|--|- ----- ） ſ |-· Ř ） |- |× | 4 |-|-¡ | -|-，- -||-} |-º'，|-ſ. |-·-----------|- ！”，|-ſºſ *|-} ）;---- | || ！ ſ ſ|- ， ， !|- |-· |- · | |- |- |： �� ----ºſº， |-|- ----- …-- |- ∞）.·~~ (№.∞）- |- © ®ſo-|-|- �� -|- |--· (Y)\， ， |-|- |- |- ---- |-|- |-|-|-- |- .||- ----| |-|-·- |- ---- . Tillo , , , a º - - º, |g sº – 12-3 - THE CIW IL H A WA I H A N H S L A NLDS: PASSED IN THE YEAR OF OUR LORD 1859. - * … º. º. º 2 OF THE -- () () I) E - º . º- - -º-º- ºf a TV THE CIVIL CODE. Be it enacted by the King, the Nobles, and the Representatives of the Hawaiian Islands in Le- gislative Council assembled: TITLE 1.-OF LAWS. CHAPTER. I.-Of the Promulgation of the Laws. Sec. 1. No written law shall be obligatory without being first printed and made public. Sec. 2. All laws enacted by the Legislative power of the kingdom, shall be deposited and preserved in the office of the Minister of the Interior, who shall promulgate the same by publication in such newspaper or news- || papers, printed at the Seat of Government, as he may deem proper. Sec. 3. It shall be the duty of the Minister of the Interior to furnish a copy of the Laws, immediately after their publication, to each of the Executive Min- isters, Governors, Judges and District Attorneys. Sec. 4. All Laws, unless otherwise specially pro- vided, shall take effect on the Island of Oahu ten days after the promulgation of the same, and on each of the other islands, thirty days after such promulgation ; after which no one shall be allowed to allege ignorance of the laws as an excuse or justification for a violation thereof. CHAPTER. II—Of the effects of Laws. Sec. 5. No laws shall have any retrospective opera- tion. Sec. 6. The laws are obligatory upon all persons, whether subjects of this kingdom, or citizens or sub- jects of any foreign State, while within the limits of this kingdom, except so far as exception is made by the laws of nations in respect to Ambassadors or others. The property of all such persons, while such property is within the territorial jurisdiction of this kingdom, is also subject to the laws. Sec. 7. Private agreements shall have no effect to contravene any law which concerns public order or good morals. But individuals may, in all cases in which it is not expressly or impliedly prohibited, renounce what the law has established in their favor, when such renunciation does not effect the rights of others, and is not contrary to the public good. Sec. 8. Whatever is done in contravention of a prohibitory law is void, although the nullity be not formally directed. CHAPTER III.-Of the Construction of Laws. Sec. 9. The words of a law are generally to be un- derstood in their most known and usual signification, without attending so much to the literal and strictly grammatical construction of the words as to their general and popular use or meaning. Sec. 10. Where the words of a law are dubious, their meaning may be sought by examining the con- text, with which the ambiguous words, phrases and sentences may be compared, in order to ascertain their true meaning. - . Sec. 11. Laws in pari materia, or upon the same gubject matter, must be construed with reference to each other ; what is clear in one statute may be call- ed in aid to explain what is doubtful in another. Sec. 12. One of the most effectual ways of discov- ering the true meaning of a law, when its expressions are dubious, is by considering the reason and spirit of it, or the cause which induced the Legislature to enact it. Sec. 13. When the words of a law are ambiguous every construction which leads to an absurdity should be rejected. Sec. 14. The Judges have equitable as well as legal jurisdiction, and in all civil matters, where there is no express law, they are bound to proceed and decide ac- cording to equity, applying necessary remedies to evils that are specifically contemplated by law, and conserving the Caul morals and good conscience. To decide equitably, an appeal is to be made to natural law and reason, or to received usage, and resort may also be had to the laws and usages of other countries. Sec. 15. Every word importing the singular num- ber only, may extend to and embrace the plural number ; and every word importing the plural num- ber only, may be applied and confined to the singular number as well as the plural ; and every word importing the masculine gender only, may extend to and include females as well as males. Sec. 16. Each of the terms or and and, has the meaning of the other or both, when the subject mat- ter, sense and connection require such construction. Sec. 17. The word person, or words importing per- sons, for instance another, others, any, any one, any- body and the like, signify not only persons, but cor- porations, societies, communities, assemblies, inhabitants of a district, or neighborhood, or persons known or unknown, and the public generally, where it appears, from the subject matter, the sense and the connection in which such words are used, that Such construction is intended. Sec. 18. The word month shall be construed to mean a calendar month, unless otherwise expressed ; and the word year, a calendar year, unless otherwise expressed. - Sec. 19. The word oath shall be construed to in- clude affirmation, when made by one alleging him- self to be a member of the Society of Friends. CHAPTER IV.—Of the Repeal of Laws. Sec. 20. The repeal of any law shall not be con- strued to revive any other law which has been repeal- ed, unless it be so clearly expressed. Laws may be repealed either entirely or partially by other laws. Sec. 21. The repeal of a law is either express or implied ; it is express when it is literally declared by a subsequent law ; it is implied when the new law contains provisions contrary to or irrecomeilable with, those of the former law. Sec. 22. The repeal of any law shall, in no case, affect any act done, or any right accruing, accrued, acquired or established, or any suit or proceeding had or commenced in any civil case, before the time when said repeal shall take effect. Sec. 23. No suit or prosecution pending at the time of the repeal of any law, for any offense com- mitted, or for the recovery of any penalty of forfeit– ure incurred under the law so repealed, shall in any case be af- fected by such repeal TITLE 2.—OF THE ADMINISTRATION OF THE GOVERNMENT. OF THE EXECUTIVE. CHAPTER W.—The King—His Privy Council. Sec. 24. The King may, at any time, by Royal Letters Patent, appoint any of his subjects, who has attained the age of majority, a member of His Privy Council of State, to hold office during the King's pleasure. Sec. 25. Every member of the King's Privy Coun- cil of State, before entering upon the discharge of his duties as such, shall take an oath to support the Constitution, to advise the King honestly, and to observe strict secrecy in regard to all matters coming to his knowledge as a Privy Counselor, upon which a special injunction shall have been imposed by the King ; but such injunction shall not ex- tend to an interchange of views upon the matters enjoined be- tween members of said Council, nor shall it be held to continue | after the injunction of secrecy has been removed. - Sec. 26. It shall be the duty of every Privy Coun- selor : 1. To advise the King according to the best of his knowledge and discretion. 2. To advise for the King's honor and the good of the public, without partiality through friendship, love, reward, fear or favor, - 3. Finally, to avoid corruption—and to observe, keep, and do all that a good and true counselor ought observe, keep, and do to his Sovereign. Sec. 27. Every Privy Counselor shall have full liberty to be present at any regular or extraordinary meeting of the Privy Council, and to express, his views and opinions upon every matter submitted to said Coun- cil. He shall also be entitled to vote, and have the same re- corded, upon all questions not affecting his private interest. Sec. 28. The Privy Council shall regulate its own proceedings; and shall also appoint a secretary, who shall keep a true record of all its transactions, and have the custody of such record. Sec. 29. To prevent the danger and inconvenience of having no Privy Council, during the vacancy of the throne, the Privy Council in being at the demise of the Crown, shall continue until determined by the successor or Kuhina Nui. CHAPTER WI.-Of the Executive JMinisters and of the Governors. Sec. 30. No person shall be eligible to the office of Minister to the King, or Governor, who is not a sub- ject or denizen, and of the full age of twenty-one years. Sec. 31. Every Minister or Governor, before enter- ing upon the duties of his office, shall take and sub- scribe on oath to support the Constitution and Laws, and faithfully and impartially to discharge the duties of his of fice. Such oath shall be placed and kept among the records of the Privy Council. Sec. 32. Every Minister shall reside and keep his office at ths Seat of Government, and shall not leave the kingdom during his continuance in office, except upon public business with which he may be charged by the King. CHAPTER VII.-Department of the Interior. Sec. 83. There shall be, and is hereby, created a department of government, to be styled the Depart- ment of the Interior, which shall be presided over by a minister, who shall be called the Minister of the Interior. Sec. 34. It shall be the duty of the Minister of the Interior to have a general supervision over the in- ternal affairs of the kingdom, and to faithfully and impartially execute the duties assigned by law to his depart- ment. Sec. 35. The Minister of the Interior shall keep, in appropriate books, a clear, distinct and full re- cord of all the transactions of his department. Sec. 36. The said Minister shall have the care and supervision of all government lands and other pro- perty; of the internal trade and commerce of the izingdom; of internal improvements; of the internal police of the kingdom ; of the post offices; of the government press; of the naturalization of foreigners ; and of such other matters as may be placed in his charge. Sec. 37. The Minister of the Interior shall have the charge of the standards of weights and measures; and of all original manuscript laws enacted by the Legislature. Sec. 38. The Minister of the Interior shall promul- gate such proclamations as may be made by the King, for the observance of days of fast or of thanksgiving, 2 THE CIVIL CODE. and all other proclamations which do not specially relate to the businesſ of other departments. ART. I.-Of the Government Lands and other Prop- erty, Sec. 39. The Minister of the Interior shall have the charge, custody, and supervision of all the lands surrendered and forever made over unto the chiefs and people by His late Majesty, Kamehameha III., the surren- der and conveyance of which was solemnly accepted, and con- firmed by an Act of the Legislature, passed on the 7th day of June, A. D. 1848 ; and also of all other government lands, buildings, vessels, and property whatsoever not expressly placed in the charge of Bome other officer. Sec. 40. The said minister shall be accountable for the preservation and safe keeping of the government property, and it shall be his duty to prosecute any person injuring, trespassing upon, or wrongfully taking the game, such as land, timber, streams, ponds, springs, water- courses, reservoirs, water-works, reefs, harbors, channels, wharves, lights, buoys, beacons, highways, bridges, markets, buildings, vessels, and other government property of whatsoever kind or nature. Sec. 41. The said minister, under the direction and with the approval of the King in Cabinet Coun- cil, shall have power to purchase lots upon which to erect public buildings, snd other lands for the use of harbors, highways, wharves, water-works, and other internal improve- ments ; also any other property necessary for the public service; and to pay for the same in such manner as the King in Cab- inet Council shall direct—provided always, that the whole amount of existing debt incurred for the purchase of such lands or property, shall at no time exeeed the sum of twenty-five thousand dollars ; and provided further, that no moneys speci- fically appropriated by the Legislature for any other object, shall be applied to the discharge of the debt incurred as herein- before provided. Sec. 42. The said minister, by and with the au- thority of the King in Cabinet Council, shall have ower to lease, sell, or otherwise dispose of the pub- ic lands, and other property, in such manner as he may deem best for the promotion of agriculture and the general welfare of the kingdom, subject, however, to such restrictions as may from time to time be expressly provided by law. Sec. 43. A Royal Patent, signed by the King, and countersigned by the Kuhina Nui and the Minister of the Interior, shall issue under the great Seal of the kingdom to the purchaser in fee simple of any government land or other real estate; and also to any holder of an award from the Board of Commissioners to quiet land titles for any land in which he may have commuted the government rights. Sec. 44. All Royal patents, leases, grants, or other conveyances of any government land or real estate, shall be prepared by, and issued from, the Department of the Interior; and it shall be the duty of the Minister of the Interior to keep a full and faithful record of all such patents, leases, grants and other conveyances. Said record shall be open to public inspection, and he shall furnish a certified copy, under his official seal, of any instrument therein recorded, to any per- son applying therefor, upon being paid at the rate of fifty cents for every one hundred words. Every such certified copy shall be received as evidence in any judicial court of the kingdom, the same as the original instrument itself. Sec. 45. It shall be the duty of the Minister of the Interior to cause such surveys, maps, and plans of the government lands, harbors, and internal improvements to be made as the public interests may require ; which surveys, maps and plans shall be kept in his office for public inspection and reference. Sec. 46. The Minister of the Interior may appoint suitable agents throughout the kingdom, for the management and sale of government lands, which agents shall be paid a reasonable compensation for their services, in the discretion of said Minister, out of the proceeds of their sales or other avails arising from such lands. It shall be the duty of such agents to report to the Minister of the Interior all tres- passes committed by any person upon the government lands in their charge. Sec. 47. Every such agent shall procure the lands sold by him to be correctly surveyed ; and he shall not forward any such survey to the Minister of the Interior to obtain a Royal patent to be executed for the land sold, until the purchaser shall have first deposited in the hands of such agent the purchase money of said land, and the cost of the survey. Sec. 48. The Minister of the Interior is prohibited from selling the water ponds, springs and streams belonging to the government in or near Honolulu ; that is to say, the pond of Kunawai, in the Ili of Kunawai; and the ponds of Kumuhahane and Kaloupalolo, in the Ili of Alewa, and all other government water ponds, springs and streams, wherever situated, which may be valuable for public use ; and A. sale in contravention of this section shall be absolutely null and Void. ART. II.-Of the Internal Trade and Commerce. THE COASTING TRADE. Sec. 49. The Collector-General of Customs, under the direction of the Minister of the Interior, shall grant a coasting license for one year, to any Hawaiian register- ed vessel, the owner of which shall have applied to him in writing, setting forth the vessel's name, with the date and num- ber of her register, which license shall be in such form as may be approved by the Minister of the Interior, Sec. 50. The said Collector-General of Customs, shall charge for every coasting license, the snm of one dollar per ton register upon vessels of every class up to and including twenty-five tons, and fifty cents for every additional ton over twenty-five tons ; and upon granting any such license, he shall exact of the owner a bond, with at least one sufficient surety, to be approved by said Collector, in the penal sum of five hundred dollars, in such form, and upon such condition as may be approved by the Minister of the Interior. Sec. 51. Any vessel which shall engage in the coasting trade of this kingdom, without a license, shall be liable to seizure, confiscation and sale, for the benefit of the King's treasury. Sec. 52. The Minister of the Interior shall have power, under the approval of the King, to establish rules for the guidance and government of all vessels engaged in the coasting trade; and in case any such vessel shall vio- late any of the said rules, he shall have the power to annul its license. Sec. 53. The said Minister may, at any time, im- press any licensed coaster into the public service upon a just compensation, to be afterwards assessed by the Court of Admirality of this kingdom. Sec. 54. All vessels engaged in the coasting trade shall carry the inter-island mails free of charge, un- der such regulations as may from time to time be provided by law, or prescribed by the Minister of the Interior, upon pain of forfeiting their license. Sec. 55. No vessel shall engage in the coasting or carrying trade having on board any spirits, wines, liquors, stores, or articles of merchandise which have not paid the legal duties in this kingdom, under penalty of not less than fifty, nor more than one thousand dollars, in the discretion of the Court. OF LICENSES.—To Venders of Goods, Wares and - JMerchandise. Sec. 56. The Minister of the Interior shall grant to any person applying therefor, in writing, º: to sell goods, wares and merchandise at wholesale, for the term of one year ; and cach person receiving such license shall pay therefor the sum of one hundred dollars. Sec. 57. Said Minister shall also grant a license to any person applying therefor, in writing, to sell goods, wares and merchandise at retail, for the term of one year : and each person receiving such license shall pay there- for the sum of fifty dollars. Sec. 58. Said Minister shall also grant a license to any owner of a coffee, sugar, or other plantation, of at least thirty acres in extent, applying therefor, in writing, to sell goods, wares and merchandise at retail, on his planta- tion, for the term of one year; and each person receiving such license shall pay therefor the sum of twenty-five dollars; pro- vided always, that no such license shall be of any avail, unless at least twenty-five acres of such plantation are under actual cultivation. Sec. 59. Every application for a license to sell goods, wares and merchandise at wholesale or retail, shall state the location of the applicant's place of business, and the kind of articles he intends to sell. Sec. 60. No person holding a license to sell goods, wares and merchandise at wholesale, unless he also holds a license to sell the same at retail, shall sell such articles otherwise than by the entire box, bale, sack, case, basket, crate, barrel, or cask—or, if dry goods, by the piece—or, if sold in none of the ways above enumerated, then by the hundred pounds; and no person holding only a license to sell goods, wares and mer- chandise at retail, shall sell the same except in quantities less than those above specified. Sec. 61. All licenses to sell goods, wares and mer- chandise, whether at wholesale or retail, shall con- tain a condition that the licensee shall not furnish opium or any preparation thereof, nor any poisonous drug, without license ob- tained according to law, under pain of the forfeiture of his license, and incurring the penalty prescribed by law for that offense ; and that he shall not sell or furnish spirituous liquors or any other intoxicating drinks, without express license there- for obtained according to law, upon pain of forfeiting his license and incurring such penalties as the law may, from time to time prescribe, for selling or furnishing spirituous liquors, or other 1ntoxicating drinks, without license. Sec. 62. Every person who shall sell any goods, wares or merchandise of foreign product or manufac- ture without license, or in contravention of section 60, shall be fined in a sum not exceeding five hundred dollars, or in default of payment, imprisoned at hard labor not exceeding six months, in the discretion of the Court. Sec. 63. Every license to sell goods, wares and mer- chandise, shall be signed by the Minister of the In- terior, and impressed with the seal of this department ; and shall state the place or limits within which the licensee may sell. No such license shall be transferable. TO AUCTIONEERS. Sec. 64. The Minister of the Interior may, at any time, license for the term of one year, one or more suitable persons, being Hawaiian subjects, in each island, to be public auctioneers within the respective islands for which they receive their licenses; provided, however, that not more than three auction licenses shall be granted for the island of Oahu. Sec. 65. The price of an auctioneer’s license shall be such a percentage on the sales made, as the Min- ister of the Interior shall deem reasonable, not to exceed one per cent. Sec. 66. Every auctioneer shall, upon receiving his license, give a bond to the Minister of the Interi- or in the penal sum of one thousand dollars, with sufficient surety or sureties, to be approved by said Minister, conditioned that he shall render a faithful account of all his sales according to law; that he shall pay quarterly to the Minister of the In- terior the amount of per centage established by his license, that he shall at no time make default in paying over to partie" for whom he may have sold property the sums received by him from such sales, after deducting ther ºroin his commissions and expenses; and that he shall, in all things, well and truly con- form to the laws relating to auctioneers. Sec. 67. Every licensed auctioneer may charge a commission of not more than five per cent. upon all sales made by him, and deduct such commission from any of the proceeds of such sales ; and he may sue in his own name any person purchasing property sold by him at auction for the price thereof, whether such property were his own or that of another; and his evidence shall be admissible in any suit so brought by him. Sec. 68. Every licensed auctioneer shall, quarter- ly, under oath, render to the Minister of the Interior a faithful written account of the whole amount of property sold by him, together with his commissions thereon ; and every such auctioneer shall, quarterly, pay over such percentage to the said Minister, as may be specified by the terms of his license ; in default of which said Minister shall have power to revoke or suspend his license. Sec. 69. Nothing in this article, or in any law re- lating to auctioneers, shall extend to or affect sales made by any sheriff, deputy-sheriff, constable, pound-master, eollector of taxes, executor, administrator, or guardian, requir- ed or authorized by law, to sell any real or personal estate by public auction. Sec. 70. Every person, other than those mention- ed in section 69, who shall sell any property at auc- tion without first obtaining a license, shall be fined in a sum not exceeding one thousand dollars, or be imprisoned at hard labor not exceeding six months, in the discretion of the Court. No- thing in this sectlon contained shall be construed to extend and apply to any person appointed by any auctioneer to act on his account, provided such person shall be a Hawaiian subject ; and further, that said auctioneer shall be responsible for his acts as such agent. Sec. 71. Every auctioneer's license shall be signed by the Minister of the Interº", and impressed with the seal of his department, and shall state the limits within which the licensee may act as auctioneer. No such license shall be transferable. TO KEEPERS OF HOTELS AND WICTUALLING HOUSES. Sec. 72. The Minister of the Interior may grant a license to any person applying therefor, in writing, to keep a hotel or victualling house for the term of one year, upon receiving the sum of fifty dollars. Sec. 73. Upon receiving a license to keep a hotel or victualling house, the licensee shall give to the Minister of the Interior a bond, in the penal sum of five hun- dred dollars, with sufficient surety or sureties to be approved by said Minister, conditioned that he will not sell or furnish any spirituous liquor, without license; that he will not keep, or suffer to be kept, a noisy or disorderly house ; that he will not suffer protitutes to assemble together at his hotel, or victualling house, or in any building connected therewith, for any pnrpose whatsoever ; that he will not harbor or conceal deserting sail- ors; that he will not keep his house open after ten o’clock at night ; that he will at all times give free access thereto to any officer of the police for inspection; and that he will in all things conform to the terms of his license, and the laws respecting hotels and victualling houses. Sec. 74. Every keeper of a hotel or victualling house shall, at all times, have a board or sign affix- ed to his house, or in some conspicuous place near the same, with his name at large thereon, and the employment for which he is licensed, under penalty of being fined twenty-five dollars. Sec. 75 No keeper of a hotel or victualling house shall suffer any person, in or about the same, to practice gaming with any dice, cards, bowls, billiards, quoits, or other implements used in gaming, under penalty of being fined twenty-five dollars. Sec. 76. Every license to keep a hotel or victual- ling house shall be signed by the Minister of the In- terior, and impressed with the seal of his department, and no such license shall be transferable. Sec. 77. Every person who shall keep a hotel or victualling house without a license, shall be fined not exceeding one hundred dollars, or be imprisoned at hard labor not exceeding six months, in the discretion of the Court. TO KEEPERS OF BILLIARD TABLES AND BOWLING ALLEYS. Sec. 78. The Minister of the Interior may grant a license to keep a bowling alley, or billiard table, to any person applying therefor. in writing, for the term of one year, upon receiving the sum of twenty-five dollars for every such table or alley. Sec. 79. The said Minister shall have power to pre- scribe such rules and regulations for the keeping of billiard tables and bowling alleys, as he may deem necessary and proper for the public good; and the violation of any such rules shall work a forfeiture of the license. Sec. 80. No keeper of a billiard table or bowling alley, shall suffer the same to be used on Sunday : nor allow any gaming on such table or alley, under penalty of being fined twenty-five dollars. Sec. 81. Every license to keep a billiard table or bowling alley, shall be signed by the Minister of the Interior, and impressed with the seal of his department ; and no such license shall be transferable. Sec. 82. Every person who shall keep a billiard table or bowling alley without a license, shall be fined not exceeding one hundred dollars, or be imprisoned at hard labor not exceeding six months, in the discretion of the Court : provided, that nothing in this section contained shall be con- THE CIVIL CODE. 3 strued as extending to any billiard table or bowling alley kept by any person for private use. TO WENDERS OF OPIUM AND OTHER POISON- OUS DRUGS. Sec. 83. The Minister of the Interior may grant a license to any duly qualified physician or surgeon, to import and sell opium and other drugs, for the term of one year, in the district of Honolulu or Lahaina, upon receiving the sum of forty dollars; and in any other district, upon receiving the sum of ten dollars. Sec. 84. No such license shall authorize the licen- see to sell or furnish opium, or any preparation thereof, or any poisonous drug, to any Chinaman or Coolie, ex- cept upon the prescription of a physician or surgeon. Sec. 85. Any person who shall import, sell or furnish opium, or any preparation thereof, or any poisonous drug, without license, shall be fined not less than fifty, nor more than five hundred dollars, or be imprisoned at hard labor not exceeding six months, in the discretion of the Court. Nothing in this article contained shall be construed to prevent the government from importing any drugs or medicine for gratuitous distribution ; nor to prevent clergymen from im- porting and gratuitously distributing any drug or medicine ; nor to extend and apply to the sale of awa. Sec. 86. Every license to import and sell opium and other drugs, shall be signed by the Minister of the Interior and impressed with the seal of his department ; and no such license shall be transferable. TO WIENDERS OF AWA. Sec. 87. The Minister of the Interior may, at any time, license for the term of one year, any applicant to sell awa, upon receiving for such license the sum of fifty dollars. - Sec. 88. Upon receiving from the Minister of the Interior a license to sell awa, the licensee shall give to the Minister of the Interior a bond in the penal sum of two hundred dollars, with sufficient surety or sureties, to be ap- proved by said Minister ; conditioned that he will sell no awa contrary to the provisions of this statute ; that he will preserve every certificate on which he may have sold awa, and also keep an account of all purchases and sales made by him, under his license, which shall be open for the inspection and information of all who may desire to examine the same. Sec. 89. It shall not be lawful for the licensed agents of governmeut to sell awa to any other per- sons than those buying it in quantities exceeding ten pounds, for exportation, or to duly licensed physicians and surgeons, or to such persons as may obtain certificates from any such phy- sicians or surgeon, or from some person appointed by the Min- ister of the Interior for that purpose, stating that such person is afflicted with a disease for which awa is a proper medicine, and specifying the quantity required. Sec. 90. Every person who shall sell awa, without a license so to do, or, having a license, shall sell con- trary to the provisions of this law, shall be subject to a fine not exceeding twenty-five dollars, in the discretion of the Court. Provided, always, that nothing in this section contained shall be so construed as to prevent any duly licensed physician or surgeon from selling any awa, as a medicine, which he may have previously purchased of a government agent. Sec. 91. Every person who shall use awa, unless the same shall have been prescribed as a medicine for him by some licensed physician or surgeon, shall be subject to a fine of five dollars. TO WENDERS OF BEEF. Sec. 92. The Minister of the Interior may, at any time, license for the term of one year, any applicant, to slaughter and sell beef" either in Honolulu or Lahaina, upon receiving for such license the sum of ten dollars: provided however, that this section shall not be held to apply to salted or corned beef brought from other parts of the kingdom. Sec. 93. Upon granting any such license, said Minister shall exact of the applicant a bond in the penal sum of two hundred dollars, with good and sufficient surety, to be approved by said Minister, conditioned that such applicant will keep a full and accurate register of the brands of every animal which he shall kill or sell ; together with the name of the owner, the name of the person or persons who de- liver the animal ; with the date when delivered and when kill- ed; and that he will at all times keep said register ready and open for the inspection and information of all who may desire to ex-amine the same. Sec. 94. Whoever shall slaughter or sell beef in Honolulu or Lahaina, without first obtaining a li- cense therefor as provided in section 92, shall be subject to a fine of not less than ten, nor more than twenty-five dollars, for each offense, in the discretion of the Court. Sec. 95. Every license to slaughter and sell beef shall be signed by the Minister of the Interior, and impressed with the seal of his department ; and no such license shall be transferable. TO THEATERS CIRCUSES AND PUBLIC SHOWS. Sec. 96. The Minister of the Interior may license any theater, circus, Hawaiian hula, public show or other exhibition, not of an immoral character, to which admis- sion is obtainable by the payment of money, for such time, not exceeding one year, and upon such terms and conditions as he shall think reasonable : provided, however, that not less than ten dollars shall be required for each performance licensed. Sec. 97. The Chief of Police in any town or dis- trict where any theater, circus, Hawaiian hula, or other public show shall be exhibited, may regulate the same in such manner as he shall think necessary for the preservation of order, decorum and the public peace or morals. Sec. 98. Any person who shall set up or promote any such theater, circus, Hawaiian hula, show or ex- hibition, or shall publish or advertise the same, or otherwise aid or assist therein, without a license first obtained, as pro- vided in section 96, or contrary to the terms and conditions of such license, or while the same is suspended, or after the same shall have expired, without obtaining a new license, shall be fined a sum not exceeding five hundred dollars, or imprisoned º hard labor not exceeding six months, in the discretion of the ourt. Sec. 99. No license for a Hawaiian hula shall be granted for any other place than Honolulu, and no license for any theater, circus, or other public show or exhibi tion, shall be granted for any other place than Honolulu or Lahaina. Sec. 100. Every license for a theater, circus, Ha- waiian hulu, or other public show or exhibition, shall be signed by the Minister of the Interior, and impressed with the seal of his department, and no such license shall be trans- erable. TO BOATS. Sec. 101. The Minister of the Interior may grant a license to ply boats for hire in the harbor of Hono- lulu, Lahaina or Hilo for the term of one year, upon receiving for the boats for the harbor of Honolulu, twelve dollars for every boat with four or more oars, and eight dollars for every boat with less than four oars; and for the boats for the harbors of Lahaina and Hilo, eight dollars for every boat with four or more oars, and four dollars for every boat with less than four oars. Sec. 102. The owner of any boat duly licensed for the harbor of Honolulu, shall be entitled, if hired on time, to charge one dollar for each passenger for the first hour, and fifty cents for each succeeding hour, if the boat have four or more oars; and only half of these fares, if the boat have less than four oars. If hired by distance, twenty-five cents for each passenger to and from any ship or point within the inner buoy ; fifty cents to and from any ship or point between the inner and outer buoys : and two dollars to and from any ship or point in the anchorage outside of the buoys, if the boat have four oars ; and only half of said fares if the boat have less than four oars : Provided always that, if the boat shall be detaiaed by any passen- ger alongside of any ship or at any point over fifteen minutes, the owner shall be entitled to charge fifty cents additional for every half hour of such detention. Sec. 103. Any person plying a licensed bo ho shall refuse to take a passenger at the rate_ºre- scribed in the preceding section, or who shall charge any per- Son more than said rates, shall be fined five dollars. Sec. 104 Every person hiring any such boat shall be entitled to carry with him, free of charge, one hundred pounds of luggage or goods, and no more, and for all extra luggage or goods he shall pay according to agreement with the person plying the boat. Sec. 105. If any person plying a licensed boat shall knowingly convey any woman on board of any vsssel for the purpose of prostitution, or any person flying from the Kingdom to escape justice, or the payment of his debts, or shall assist with his boat any sailor deserting from any vessel, or shall communicate with any vessel placed under quarantine, such boat shall be forfeited upon satisfactory proof before any police or district justice. Sec. 106. The owner of any licensed boat shall, upon the written order of the Minister of the Interior, furnish snch boat, with the proper nnmber of oarsmen, for the public service, at the rate of four dollars per day for any boat with four oars, and two dollars per day for any boat with less than four oars, under a penalty of not more than fifty dollars, in the discretion of the Court. Sec. 107. Any boat plying for hire in the harbor of Honolulu, or Lahaina, without being licensed, shall be forfeited upon satisfactory proof before any police or district justice. Sec. 108. The owner of every licensed boat shall have and keep the number of her license painted, con- spicuously, upon both her bows, under the penalty of five dollars. Sec. 109. All such licenses shall be signed by the Minister of the Interior, numbered according to the respective dates of their issue, and impressed with the seal of his department. No such license shall be transferable. TO LETTERS OF HORSES. Sec. 110. The Minister of the Interior may grant a license, for one year, to any person for the letting of horses in Honolulu or Lahaina, upon receiving five dollars for every horse intended to be let by the applicant ; and the number of horses shall be prescribed in the license. Sec. 111. All such licenses shall be numbered con- secutively, and shall contain a proviso to the effect that the licensee shall not let any of his horses to be used on Sanday, under a penalty of five dollars for each horse so let. Sec. 112. Every licensee shall cause the number of his license to be legibly marked and exhibited on the brow band of the bridle of each horse let by him, under the penalty of five dollars for each horse not so numbered. Sec. 118. If any person shall let a horse to anoth- er, who is at the time in a state of intoxic tion, and allow such person to mount and ride off, he shall be fined five dollars. Sec. 114. It shall be the duty of every person let- ting a horse, to caution the person hiring the same against fast riding, under a penalty of five dollars. Sec. 115. All hºrses kept for hire shall be liable to be called into the public service, upon the written order of the Minister of the Interior, fully equipped by the own- - ers thereof, and such owners shall be entitled to receive, for the services of each horse, the sum of two dollars per day. Sec. 116. Any person letting a horse for hire, in Honolulu or Lahaina, without a license, shall be fined in the sum of ten dcllars. Sec. 117. Every license for the letting of horses shall be signed by the Minister of the Interior, and impressed with the seal of his department ; and no such license shall be transferable. * TO KEEPERS OF STALLIONS. Sec. 118. The Minister of the Interior shall ap- point three persons in each of the taxation districts of the Kingdom, not being the owners of stallions kept for hire, to be inspectors of stallions, whose duty it shall be, upon the pay- ment of one dollar to each of such inspectors, to examine any stallion presented for their inspection, upon such days as they shall appoint within their respective taxation districts; and if upon such examination any stallion so presented shall appear to the inspectors, or a majority of them, to be a suitable horse for breeding, they shall deliver a certificate to that effect to the owner of such stallion, free of charge, which certificate shall en- title the owner to keep such stallion on his own premises for his Own exclusive benefit. Sec. 119. The Minister of the Interior shall grant a license, upon the payment of five dollars, to any person presenting a certificate from the inspectors—as provided in section 118—to keep or let the stallion named in such certifi- cate, for the purpose of breeding; provided that the said stallion shall have attained the age of four years. Such license shall be good for two years from its date. Sec. 120. Every stallion eighteen months old and upwards, running at large, not duly licensed, shall be subject to an annual tax of ten dollars. Sec. 121. If the owner of any unlicensed stallion shall conceal or neglect to make return of the same, as a stallion, to the tax assessor of his district, he shall be liable to a tax of twenty dollars, for every stallion not thus returned; one- half of which shall be paid to the person giving information to the assessor or tax collector. TO MANUFACTURERS OF WINE. Sec. 122. The Minister of the Interior is hereby authorized to grant licenses for the manufacture of wine, provided the applicant for such license shall first file with said Minister a bond in the following form, with one good and sufficient surety : KNow ALL MEN BY THESE PRESENTs, that we princi- pal, and surety, residing at , in the Island of , Hawaiian Islands, are held and firmly bound unto , Minister of the Interior, and to his successors in office, in the penal sum of five hundred dollars, to be levied of our re- spective joint and several property, in case the condition herein set forth shall be violated. For the faithful payment of which we hereby pledge ourselves, our heirs, executors and adminis- trators. Signed with our hands and sealed with our seals, this day of ——, A. D., 18–. The condition of this obligation is, that whereas the said —, principal, has this day obtained a license to manufacture wine out of grapes of Hawaiian growth, for the term of ten years from this date; now if he shall not manufacture wine out of grapes grown in any foreign country; if he shall not manfacture any brandy, rum, or other spirituous liquors; if he shall, on or be- fore the last day of December in each year, furnish the Minister of the Interior with a correct statement, in writing, of the quan- tity of wine manufactured by him during the past year, and of the quantity sold, and still on hand, then this obligation to be void, otherwise, upon proof being made to the satisfaction of any Police or District Justice, of the violation of any or all of the above conditions the penalty mentioned in the above bond shall be forfeited for the benefit of the Royal Exchequer. L.S. , Principal. (L.S.) , Surety. Sec. 128. Before granting such license, the Minis- ter of the Interior shall demand and receive at the hands of the applicant, for the benefit of the Royal Exchequer, the sum of fifty dollars, besides the customary charges for blanks and stamps. Sec. 124. Whoever shall manufacture wine for sale without first obtaining a license as prescribed in this article, shall, on conviction thereof, before any Police or District Justice, be liable to the fines and penalties prescribed in the sec- ond section of the 42d chapter of the Penal Code. Sec. 125. Any person obtaining a license to manu- facture wine, shall be at liberty to sell domestic wine of his own manufacture, to any person, in such quantity and at such place as he may desire, and shall not be liable for such selling to the penalty prescribed by law for selling spirituous liquors without license. GENERAL PROVISIONS. Sec. 126. No license granted to any retail vender of goods, wares and merchandise, shall be construed to authorize the sale of alcohol, cologne, lavender, or any other alcoholic preparation under the name of perfumery, to be used as a beverage. The absence of the usual qualities of perfumery in any such preparation, shall be regarded, if the same is sold to be used as a beverage, as conclusive evidence of an intention to evade the laws relating to the retail vending of spirituous liquors. Sec. 127. No victualling house or hotel license shall authorize the sale of peaches, cherries, or other fruits preserved in brandy or spirits of any kind, to be used on or about the premises for which such license is granted. Any such use shall be held as presumptive evidence of an intention to evade the laws relating to the retail vending of spirituouz liquors. Sec. 128. Any person offending against the provi- sions of the last two preceding sections, shall be sub- ject to a fine of not less than ten, nor more than fifty dollars, 4. THE CIVIL CODE. for each offense. The Court, in its discretion, may add impris- onment at hard labor for a term not exceeding thirty days. All spirituous liquors imported under the name of perfumery or preserved fruits, with the intention of evading the laws relating to duties, shall be liable to seizure, condemnation and sale, for the benefit of the public treasury. Sec. 129. It shall not be lawful for the master or commanding officer of any foreign vessel, or of any Hawailan vessel engaged in foreign trade, under penalty of a fine not exceeding one hundred dollars, to ship or discharge any seaman or other person employed on board of his vessel at any other port or place in the Hawaiian Islands than at Honolulu, Lahaina and Hilo. Sec. 130. It shall be the duty of the Minister of the Interior to grant, to any person applying therefor, in writing, a license for one year to establish a shipping office, for foreign seamen, at either of the ports of Honolulu, Lahaina, or Hilo. Sec. 131. Before granting a license to keep a ship- ping office, the Minister of the Interior shall receive at the hands of the applicant, the sum of forty dollars, and also a bond with good and sufficient sureties, to be approved by the said Minister, in the penal sum of two thousand dollars, condi- tioned that he shall not charge or demand more than three dol- lars as a shipping fee, nor more than ten per cent. of the amount advanced, as a surety fee from any seaman shipped at his office; that he will at no time make default in repaying the amount advanced on account of any seaman for whom he may have be- come surety, and whom he may have failed to deliver on board any vessel, at the time agreed upon by the master or agent of such vessel; and that he will in no case ship a seaman who has not a permit from the Harbor Master. Said bond shall be exe- cuted in the presence of, and acknowledged before the Minister of the Interior, who shall forward a certified copy thereof to the Police Justice of the port for which the license is granted, and such copy shall be considered as competent evidence in any case relating to such bond. Sec. 132. In every case of a suit for a breach of the bond given by any shipping master, the Police Justice of the port shall have jurisdiction over, and may decide the same, without the aid of a jury, subject however, to the right of appeal. Sec. 133. When the condition of the official bond of any shipping master shall be broken, to the injury of any person, such person may, at his own expense, institute a suit thereon, in the name of the Minister of the Interior, and prosecute the same to final judgment and execution. Sec. 134. It shall be the duty of every shipping master, to demand and receive the Harbor Master’s permit from every seaman whom he may ship, and place the same at the disposal of the Chief of Police at the port, and he shall also deliver to every such seaman a certificate of his ship- ment, stating the name of the ship on which he is engaged to serve, and the time at which he is to render himself on board. Sec. 135. Whoever, without a license shall ship a foreign seaman, shall be subject to a fine of one hun- dred dollars for each offense, upon conviction thereof before a police Justice: provided, however, that nothing in this section contained, shall be construed to forbid masters of vessels to ship seamen for their own vessels, without the intervention of a ship- ping master. Sec. 136. No commanding officer of any foreign vessel, or Hawaiian vessel engaged in foreign trade, shall discharge any seaman in any port of the Hawaiian Islands, without the written consent of the harbor master of such port; nor shall any consul, or vice-consul, or consular agent, grant his consent to the discharge of any such seaman until the written consent of the harbor master has been first obtained. Whoever shall violate any of the provisions of this section shall be subject to a fine not exceeding one hundred dollars in the discretion of the Court. Sec. 137. Upon the application of any consul, vice- consul or consular agent, for the discharge of any foreign seaman, and upon his filing with the harbor, master, the bond of such seaman, in the penal sum of one hundred dollars, conditioned that he will leave the kingdom within sixty days from his discharge, and will not be guilty of any breach of the laws during his stay on shore, said harbor master may, if he sees no good reason to the contrary, give his consent to such dis charge, and grant a permit to the seaman to remain on shore for sixty days. The seaman's discharge shall be written at the foot of every such permit, and the harbor master shall keep a record of the same. Sec. 138. In case of Hawaiian vessels engaged in foreign trade, and vessels having no consul resident at the port where they wish to discharge seamen, the harbor master may consent to such discharge, upon the application of the master of any such vessel. Sec. 139. If at the expiration of the time allowed in the permit of any foreign seaman, he shall not have departed this kingdom, he may, in addition to the forfeit- ure of his bond, be treated as a deserter: provided always, that the harbor master may, upon satisfactory proof that such sea- man is peaceably disposed, from time to time extend the period allowed tor his departure, to a further sixty days, without a for- feiture of the condition of his bond. Sec. 140, No foreign seaman regularly discharged from any vessel, shall be liable for any debts contrac- ted by him within the period of his permit to remain in the king- dom: provided always, that this exemption shall not apply to any period for which his permit may have been extended, beyond the first sixty days. sel, while lying in any of the ports of this kingdom, shall be liable for any debts he may contract while so attached. Sec. 142. No master or commanding officer of any foreign vessel, or any Hawaiian vessel engaged in foreign trade, shall ship or take out of the kingdom, on board his vessel, any native as a seaman, or otherwise, for his own use or for the use of any other person, without first obtaining the consent of the Governor of the Island, or of his agent, under penalty of a fine not exceeding five hundred dollars, for each offense, to satisfy which his vessel shall be liable to seizure, con- | demnation and sale. Ant. III—of the Shipping and Discharge of Seamen. Sec. 143. No application for the shipment of na- tives on board a foreign vessel, or Hawaiian vessel engaged in foreign trade, shall be considered legally granted, until the commanding officer shall have made and executed a bond to the governor, or his agent, in the penalty of one hundred dollars for each man, with at least one sufficient surety to be ap- proved by the governor of his agent, in the following form : Know ALL MEN by These PRESENTs, that we -——, mas- ter of the ship , of , in —, and now destined on a —— voyage, principal, and —, of —— Hawaiian Islands, surety, are held and firmly bound unto his Excellency ——, governor of the Island of ——, and to his successors in office, and assigns, in the penal sum of -—— dollars law- ful money, to be levied of the said vessel, whereof the said - is master, wheresoever the same may be, or of our joint and seve- ral property, in case the condition herein named shall be viola- ted Sealed with our seals, and dated this — day of —, 18–. The condition of this obligation is that whereas the said —, principal, having made application for the shipment of natives of the Hawaiian Islands, (as sailors or otherwise, as the case may be) for the term of from this date, to serve on board his vessel. Now if the said — shall within — from this date return the said — natives to the Hawaiian Islands, and shall in all respects comply with the terms of their shipment prescribed in sections 146, 148 and 152, of the Civil Code, then this obligation to be void, otherwise to remain in full force and virtue. Given under our hands and seals at——, in the Island of —— the day and year first above written. (L.S.) -- (L.S.) Sec. 144. The governor of the island to whom said bond shall have been given, shall have the power to enforce the same by suit against the obligors therein named, or either of them, or against the vessel for whose use said sailors shall have been shipped. He shall also have power in case of the death of any such sailor, or for other equitable considerations, to remit the penalty of said bond, notwithstanding a violation thereof. Sec. 145. Whenever the governor, or his agent, shallagonsent to any shipping, or taking away, of any In e shall endorse such consent upon the shipping articles of ſhrººvessel; and shall receive for each native thus shipped, or taken away, the sum of fifty cents. ec. 146. On the shipping of any native to serve on board of any vessel bound on a foreign voyage, the master of such vessel shall pay to the governor of the island, or his agent, in lieu of the personal taxes of such native, the sum of two dollars, if the term for which he has shipped shall not ex- ceed twelve months; and if it be for any period over twelve months, the sum of four dollars. - ec. 147. Every native of this Kingdom who has shipped in a vessel bound on a foreign voyage, the master of which vessel has complied with the provisions of the last preceding section, shall be free from all personal taxes during the period of his service on board of such vessel, and un- til his return to this Kingdom. Sec. 148. No portion whatever of the expenses of shipping, or discharging native sailors, shall be paid by them, or be deducted from the share or wages due them, but shall be paid wholly by the master of the vessel. ec. 149. Every sailor, whether a native or a foreigner, who shall have been employed on board any vessel, without having made a specific written agreement with the master, or shipping master, or commander of such ves- sel, respecting his service and wages, shall be entitled to receive compensation for his services, at the highest rate of wages paid to any person of his class on board said vessel. ec. 150. The Minister of the Interior shall appoint in each of the ports of Honolulu, Lahaina, and Hilo, one or more agents, in whose presence, or in the presence of whose deputies, all native seamen of this Kingdom shall be ship- ped, discharged and paid off. ec. 151. Every such agent, before entering upon the duties of his office, shall give a bond to said Min- ister, in the penal sum of two thousand dollars, with good and sufficient sureties to be approved by said Minister, conditioned that he will honestly and faithfully discharge all the duties of his office. Every such agent shall hold office for the term of two years, but may be removed at any time by the Minister of the Interior. - Sec. 152. When any native seaman is discharged from any whale ship, or other vessel engaged in oreign trade, the master thereof shall, previous to settlement with such seaman, exhibit to the agent appointed by the Minis- ter of the Interior, or to his deputy, a detailed account of the debts incurred by said seaman to said vessel, and the amount of wages earned by said seaman, which account shall, if required. be verified by oath, to be administered by the said agent. Sec. 153. It shall be the duty of the agent ap- pointed to superintend the shipping and discharge of native seamen, upon the request of any such seaman, to render him all the assistance in his power in making his agreement as to service and wages, with the master of the vessel with whom he is about to ship, and to see that his name is duly entered on the crew list and shipping articles of such vessel, in conformity with the laws of the country to which she belongs. Sec. 141. No seaman legally attached to any yes- Sec. 154. It shall not be lawful for said agent to ship any native seaman for a longer term of service than two years. Sec. 155. It shall be the duty of said agent to keep all bonds for return of native seamen, as provided in section 143; and upon the expiration of the term specified in said bond for the return of any such seaman, it shall be his duty to forward such bond to the district attorney of the island where he is located, and at the same time notify him that its term has expired. Said district attorney shall prosecute the same within twenty days after receiving it, unless instructed to the contrary by the governor of said island. Sec. 156. In case of the death of any native seaman during the voyage, said agent shall be empowered, in his own name, to demand, sue for, and receive the wages due said seaman, and to pay it over to his legal representatives. Sec. 157. Said agent, in case of any difficulty with the master of a vessel in relation to the settlement of his account with any native seaman, shall be at liberty to call upon the district attorney of the island where he is located, for his assistance, and said attorney shall render his assistance free of charge. - Sec. 158. The compensation of said agent shall be fifty cents for each seaman shipped or discharged be- fore him, and two and a half per cent on the amount paid to each seaman; which compensation shall be a full satisfaction for all services rendered. Such compensation shall be wholly paid by the vessel, except the two and a half per cent. commission on the amount paid to each seaman. Sec. 159. No shipment or discharge of, or settle- ment with any native seaman, shall be binding upon him unless done in the presence or with the written sanction of the agent appointed by the Minister of the Interior, or of his deputy. Sec. 160. It shall be the duty of every such agent to make a quarterly report of the transactions of his office, together with the amount of fees and commissions re- ceived by him, to the Minister of the Interior. Sec. 161. The master or owner of everyship or ves- sel under the Hawaiian flag, arriving from any for- eign port, or from sea, at any port of the Hawaiian kingdom shall, before such ship or vessel is admitted to entry, render to the collector of such port, a true account of the number of sea- men who have been employed on board since the last entry at any Hawaiian port; and pay to said collector at the rate of twenty-five cents per month for each and every seaman so em- ployed, which amount such master or owner is authorized to re- tain out of the wages of Said seaman. Sec. 162. The master of every coasting vessel em- ployed in the carrying trade between the different ports, roadsteads or harbors of the Hawaiian kingdom, shall render quarterly to the Collector-General of Customs, or to any collector under his directions, a true list of all seamen employed by him during the preceding three moºths ; and pay to said Collector-General, or collector, at the rate of twenty-five cents per month for each and every seaman so employed, which sum said master is authorized to retain out of the wages of such Seaman. Sec. 163. The returns required in the preceding sections shall be made under oath in such manner and form as the Collector General may prescribe. If any owner or master shall make a false return, he shall be deemed guilty of perjury, and be punished accordingly. He shall also be subject to a penalty of one hnndred dollars, for the benefit of the fund hereinafter created, and his vessel be liable to seizure, condemnation and sale, to secure the payment of such penalty. Sec. 164. The several collectors shall make a quar- terly return of the sums respectively collected by them under the foregoing provisions, to the Collector General, who is required to pay over the same, with such amount as he may have received from masters or owners of vessels, into the public treasury, to be held solely as a “Marine Hospital Fund.” for the relief of sick and disabled Hawaiian seamen. The Min- ister of the Interior is hereby authorized to provide out of the same, for the temporary relief and maintenance of such sea- men, in such manner sS he may deem proper, until hospitals, or other suitable institutions, are established for that purpose within the kingdom. Sec. 165. Whatever surplus of moneys collected under the foregoing provisions may remain, after de- fraying the expenses of such temporary relief and support, shall be invested in exchequer bills, or other government securities at the discretion of the Minister of the Interior, untill a suf- ficient fund is accumulated for the purchase of a proper site for a marine hospital, and the erection of suitable buildings there- on, or for the provision of other suitable hospital accommoda- tions for seamen, when it shall be his duty to apply such fund for that purpose. Said minister is authorized to receive at any time, in the name of the government, donations of land, money, or other property for marine hospitals ; and the same shall be set apart and applied only to that object. Sec. 166. If a general or other hospital should be established in any of the seaport towns of the king- dom, the Minister of the Interior may, at his discretion, con. tract with the same to apply any part of the marine hospital fund to the support thereof, on condition that full provision is made for the accommodation, relief and maintenance, of sick and disabled Hawaiian seamen. ART IV.-Of Internal Improvements. Sec. 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. Sec. 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 ap- pointed road supervisor for more than one district, whenever, in the opinion of said minister, the public good will be promoted by such appointment. Sec. 169. The road supervisors shall, within their THE CIVIL CODE. --- 5 ART IV.-Of Internal Improvements. Sec. 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 inay, 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. Sec. 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 ap- pointed road supervisor for more than one district, whenever, in the opinion of said minister, the public good will be promoted by such appointment. Sec. 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 Min- ister of the Interior, to whom they shall respectively account for all moneys so expended, furnishing vouchers for the same. Sec. 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. Sec. 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. Sec. 172. The road supervisors may appoint depu- ties for their respective districts, not exceeding one for every fifty taxable persons in the district, whose only com- pensation shall be exemption from the road tax. Sec. 173. Every road supervisor shall, on the 31st day of December of each year, render to the Minister of the Interior, in writing, a detailed report of his transactions during the year preceding, stating the number of persons liable to the road tax in his district ; the number of days worked hy them ; the amount of cash received from the governor and Minister of the Interior ; the amount of cash on hand at the commencement of the year ; the amount expended, and the amount on hand at the date of the report ; the number and condition of Government tools on hand, and the number of days of his own personal service. Sec. 174. Any road supervisor who shall fraudu- lently free any person from road labor, not exempted by law, or who shall not cause the persons liable to the road tax to work the full number of days and hours prescribed by law, shall, on conviction thereof, before any district justice, be fined five dollars for each such offense ; and all such fines shall be expended as part of the road tax of such district. - Sec. 175. It shall not be lawful for any road super- visor to compel the people of any neighborhood to go more than five miles beyond their residence, to labor on any road, rnless by a vote of the people of the district, expressed in a public meeting, called for that purpose by the road super- visor. Sec. 176. The road supervisors in case of refusal to work, or disorderly or mutinous conduct, on the part of any workman, shall have the power to authorize and re- quire any constable to apprehend the offender, and take him before any district justice, who shall, unless good cause be shown to the contrary, sentence such offender to a fine not ex- ceeding five dollars, or imprisonment at hard labor not more than five days. Sec. 177. It shall be the duty of every man liable to the road tax to appear punctually at the time ap- pointed for work, with suitable implements, and to work dili- gently as directed by the supervisor, otherwise he shall be sub- ject to a fine not exceeding five dollars. Sec. 178. Should any one find it inconvenient to work in person, at the time appointed, he may em- ploy a substitute, or he shall pay to the supervisor fifty cents for each day on which he fails to work. Sec. 179. It shall be lawful for the several road supervisors to commute for the labor tax on roads with the employers of all persons, employed by the month or year, either to complete a certain amount of work on the roads, or to work by the day, with carts, plows, or other implements, as may be agreed upon. Sec. 180. It shall be the duty of each road super- visor to surrender to his successor in office, all ac- counts and other papers relating to the office, and all public moneys he may have on hand, together with all implements be- longing to the government which may be in his possession. Sec. 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. Sec. 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. Sec. 183. Every person who is liable to the road tax, shall be liable to work out such tax, within ten months after the enumeration shall be placed in the hands of the tax collector, in the district where he may be located on the labor day appointed by the road supervisor for that district, un- less he be provided with a certificate from some road supervisor, that he has already performed his labor, or, from the tax col- lector, that he has paid his commutation for the year, in some other district. Sec. 184. Upon the request of fifty or more poll tax payers, of any district, to the Minister of the In- terior, that a new road be opened, or that an old road be shut up in that district, said Minister may appoint a jury of twelve persons, to decide on the propriety of the measure proposed, and their decision, when agreed to by at least nine of said jury, shall be acted upon by the road supervisor of such district. Sec. 185. In laying out any new road, or highway, respect shall be had to the private wested rights of property, which any individual may have in the land over which said road or highway shall be intended to pass. It shall be the duty of the road supervisor, immediately after such new road or highway shall have been determined upon, to cause no- tices to be posted along the line of the same, advertising the fact, and calling upon all parties interested therein, to bring forward their claims to the nearest Circuit Judge ; and it shall be the duty of said Circuit Judge, to forward a list of all such claims to the Minister of the Interior. Sec. 186. Upon the receipt of such claims, the Minister of the Interior may appoint a commission of three disinterested persons, to assess the value of the private property so required for the public use, and also the damages, if any, likely to be sustained by the owner, whose decision shall determine the price to be given by the Government for such private property ; and said commission shall send a certified copy of their decision to the Minister of the Interior, and anoth- er to the party making the claim. Sec. 187. Upon delivery of said decision to the owner of the land, the property asssessed 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. Sec. 188. The Minister of the Interior shall have power to compound with the holder of any such de- cision, in any way he may deem most advantageous to the Gov- ernment, by the substitution of other land, in lieu of that ap- propriated 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. OF HARBORS, CHANNELS, BUOYS, BEACONS, WHARVES AND WATER WORKS. Sec. 189. It shall be the duty of the Minister of the Interior to superintend all harbor improvements ; the demarkation and improvement of channels ; the erection of all public lights and beacons ; and the construction and repair of all public wharves and piers throughout the kingdom. Sec. 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 retain- ing wall to be erected at a suitable depth of water seaward, and by filling up said lots, in such manner as that warehouses may be safely built thereon. He may also build out from said re- taining wall such wharves as the public wants may require. Sec. 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 shore, and establish all such rules as may be needful for the public interests. Sec. 192. The said Minister shall appoint some discreet and capable person, to be superintendent of water-works, whose duty it shall be to keep the conduits or pipes for the conveyance of water in repair; collect all water rates from ships and persons in Honolulu, or its vicinity, and perform such other duties in connection therewith, as the said minister may prescribe. Sec. 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 per cent. of the gross amount of water rates he may col- lect. 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. Sec. 194. The Minister of the Interior, under the direction of the King, is hereby charged with the de- signation of suitable places to be used as public markets, and with the construction, repair and regulation of all such markets. Sec. 195. Said minister, with the approval of the King, may appoint a clerk of the markets at Hono- lulu, and also clerks of the markets at other places, whenever the public good may require the same. Sec. 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. Sec. 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 account of all moneys received by him in virtue of his office, and pay the same over to said Minister. Sec. 198. It shall be the duty of every clerk of a market to designate and declare to what uses and purpºses the stalls and stands of said market shall be appro- priated ; and from time to time to lease the same 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. See. 199. It shall be the duty of every clerk of a market to cause all dirt and filth which may accu- mulate in said market, to be removed daily, and in all other re- spects to keep said market in a pure, clean and healthy condi- tion. To enable him to do this, he shall have the power to pre- scribe such rules and regulations for the observance of those oc- cupying stalls and stands in the market, as may be necessary to keep the same pure and clean, and as the Minister of the In- terior may approve. Sec. 200. It shall be the duty of every clerk of a market, once in every month, and whenever request- ed so to do by any purchaser in said market, to inspect all the weights, measures and beams 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 king- dom ; and if any person shall refuse to exhibit his weights and measures, or to make them conform to those established by law, he shall be fined twenty-five dollars. Sec. 201. Any person using any weights or mea- sures in a public market, not approved by the clerk of such market, shall be fined ten dollars, and he shall besides be liable in tenfold damages to any person injured by his con- duct. Sec. 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 mar- ket days, and to enforce the laws and regulations applicable to the same. Sec. 203. The public markets 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. Sec. 204. Every person who shall violate any of the rules and regulations prescribed for the govern- ment of any public market, unless otherwise specially provided for, shall be fined five dollars for each offense; and it shall be the duty of the clerk of such market to prosecute all such of. fenders. Sec. 205. The salaries of all clerks of markets shall be fixed by the Minister of the Interior, with the ap- proval of the King. OF PRISONS, JAILS AND HOUSES OF COR- RECTION. Sec. 206. The Minister of the Interior, with the ap- proval of the King in Cabinet Council, shall have the power to erect such suitable prisons, jails, station honses, and houses of correction, as may be necessary for the safe keeping, correcting, governing and employing of all persons duly com- mitted thereto; and also with the approval of the King in Cabi- net Council, to prescribe rules and regulations for their govern- ment and discipline. Sec. 207. The Marshal of the kingdom is responsi- ble for the safe keeping of all prisoners; and there- fore, 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 so- briety, honesty and industry. Sec. 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 occur- rences of note that concern the state of the prison. Sec. 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. Sec. 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 same to the Min- ister of the Interior. Sec. 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. Sec. 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 disposed 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. Sec. 213. All prisoners confined only in order to secure their attendance as witnesses, shall be under no other restriction 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. Sec. 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 phy- sician as a medicine, or who shall furnish any other prohibit- ed article contrary to the provisions of the prison rules, shall be fined not exceeding two hundred dollars, or imprisoned at hard labor not exceeding two years, in the discretion of the Court ; and if an officer, in addition thereto, be dismissed ; and any Police, or District Justice, shall have jurisdiction of any case arising under this section. 6 - - THE CIVIL COD E. Sec. 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 Minister of the Interior, may think beat. Sec. 216. When such prisoners cannot be well em- ployed 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 prisoners ahall be locked up within the prison every night. Sec. 217. Female prisoners shall be kept entirely separate from the male prisoners, and ºhail he em- ployed in making mats, in sewing, in washing the clothes of the prisoners, and in such other suitable occupations as the Marshal shall direct. Sec. 218. The King, His Ministers, the Governors, the Judges of the Supreme and Circuit Courts, members of the Legislature, of the Board of Education, and the Diplo- matic and Consular Agents of foreign nations, shall be allowed at suitable hours, freely to visit any prison. Sec. 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 or message, or sup- ply 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. Sec. 220. The pay of prison officers shall be de- termined and regulated by the Minister of the In- terior. Sec. 221. When any person shall be sentenced to pay a fine, and to be imprisoned until such fine is paid, the time of his imprisonment shall be deemed to discharge his time, at the rate of twenty-five cents per day. Sec. 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. Sec. 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 commited by the criminal, unless such disposition was made for a valuable and equivalent consideration, to a person ignor- ant of the arrest. Sec. 224. Whenever a convict is condemned to im- prisonment less than for life, any judge having pro- bate 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 hy the guardian. Sec. 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 a 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, in all legal suits and proceedings, unless when another person is appointed for that purpose. Sec. 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 apper: tain 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 be 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. Sec. 227. Such guardian may be removed, and another guardian appointed in his place, whenever the Judge shall think there is just cause for removal. Sec. 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 an his reasonable expenses. Sec. 229. All property given, or in any manner whatsoever accruing to a convict, shall vest in his º if he be. for a term of years, to be disposed of n like manner wi s other property : if I - for life, shall vest in his §. perty ; or if he be sentenced Sec. 280. Until a lunatic asylum is created by law, any lunatic or insane person, whose lunacy or insani- ty 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 º of such person shall in all cases beliable for the payment of his necessary expenses, and it shall be the duty of his guar- illan ºr other, legal representative, to make ºn ch - from time to time as may be ordered by said Court. payments, OF THE POUNDS–0F ESTRAYS BRANDS AND MARKS. Sec. 281. It shall be the duty of the Minister of the Interior, through the several Governors, to con- struct 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, Sec. 232. The respective governors shall appoint suitable persons to have charge of said pounds ; and such pound-masters shall be governed by such rulea as the law may, from time to time, prescribe. Sec. 233. The several pound-masters shall be liable for the safe keeping and good usage of any es- tray committed to their charge, and shall receive for their ser- vices 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 he twenty-five cents per day, excepting for sheep and goats, which shall be six cents per day. They shall give the estrays 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 also be liable to the owner thereof for damages. Sec. 234. The pound-master may take and certify the depositions under oath, of every person who shall impound any estray, setting forth the land upon which such es- tray had trespassed, and the name of the owner of such estray, shall be open for the inspection of the public. Sec. 235. Every pound-master shall keep an accu- rate ºccount of the business done at his pound, in a bºok open to public inspection; and he shall make quarterly re- turns under oath, to the Gºvernor of the island, 3}lowing his re- ecipts and disbursements. Sec. 236. No pound-master shall, knowingly, re- ceive into his pound any animal seized for committing trespass in any other district3, provided there is a pound estab- fished in such other district. Sec. 237. It shall be the duty of every pound-mas- ter to publish in some newspaper, if any be published on his island, both in the Hawaiian and English languages, or post written notice weekly, in both languages, in three public places in his district, and also to 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 in- form. 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 estrays, and pay the pound fees, within thirty days from date of the impounding, it shall be lawful for the pound-master to sell such estrays at public auc- tion. Sec. 238. The proceeds of such sale, after paying the pound fees, expenses of advertisement, proclama- tion 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 so to substantiate his claim, such balance of proceeds shall be paid over to the governor, for the benefit of the public treasury. Sec. 239. If any horse, mule, ass, hog, goat, 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 ccnts 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 or loss: provided, however, that if in any particular case, this provision shall have an onerous or unjust bearing, owing to the large number of animals trespass- ing, the Judge shall have power to diminish the forfeiture. Sec. 240. If any of the animals enumerated in the last preceding section, shall trespass on any uncul- tivated land, the owner of such animal, or animals, shall forfeit and pay to the owner of the ground, twelve and a half cents for the trespass of each animal, excepting for sheep and goats, for which he shall pay six cents per head; and if any damage be done by the animal, or animals, the owner thereof shall further pay to the land-owner the full amount of such damage: provi- ded, 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. Sec. 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, them the owner of the land tres- passed upon, may, after giving notice to the owner of such ani- mal, or animals, when known, or without such notice when the owner is not known, impound the same forthwith. Sec. 242. If any of the animals enumerated in sec- tion 239, shall trespass upon land enclosed by a law- ful 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. - Sec. 243. Every fence shall be deemed a lawful fence which is five feet high, if made of stone; or which if five feet ligh, 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 rea- sonably strong and close to turn stock. Sec. 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 if known; and shall keep a record of such depositions, which of the time of his receiving notice of the trespass, upon his de- livering 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 cost 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. Sec. 245. The said justice shall, upon receiving the amount claimed, or a good and suffieient bond for such amount, and the costs of suit. issue the required certificate, and summon the parties to appear before him with their wit- nesses, and after a fair hearing, he shall decide between them. No appeal shall be allowed from his decision, unless taken with- in 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. Sec. 246. If any person shall set the confined ani- mal of another at liberty, in order that it may tres- pass on any cultivated ground, or shall by any means designedly decoy any animal to commit a trespass, he shall. for every such offense, forfeit and pay for the benefit of the public treasury, the sum of one hundred dollars, or be imprisoned at hard labor not less than six months, nor more than two years. Sec. 247. Every owner of neat cattle, horses, mules, or asses, shall mark the same by branding, or other. wise, 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. - Sec. 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. Sec. 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 a felonious intent, shall be subject to a fine not exceeding twenty dollars, in the discretion of the Court, for every brand or mark 80 obliterated. Sec. 250. If any of the animals enumerated in sec- tion 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. Sec. 251. It shall be the duty of the Minister of the Interior to watch over the great interests of agricul- ture, 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. Sec. 252. Whenever any agricultural society shall have raised, by contribution of individuals, or other- wise, 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 satis- factory 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 the said society: provided always that no such society shall receive from the treasury more than five hundred dollars, in any one year. Sec. 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. Sec. 254. Every agricultural society, which shall receive the said allowance from the public treasury, shall offer, annually, by way of premiums, or shall apply other- wise, 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. Sec. 255. The Minister of the Interior may, with the approval of the King, issue a patent to the inven- tor or improver of any machine, manufacture, or other work of art, calculated to promote the interests of science, agriculture, or manufactures; and may therein, grant to such inventor or im. prover the exclusive use and benefit of his invention or improve- ment, fºr any term of years, not exceeding ten, that may be specified in such patent. Sec. 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 inven- tion or improvement, together with the mode of using or apply- ing 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 addi- tion to the written description, accurate drawings, and a com- plete model thereof. THE CIVIL CODE. 7. ARTICLE V.—Of the Internal Police. Sec. 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 his 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. Sec. 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 Miinister, 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 ſines, 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. See. 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 shali 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 render- ed, 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, re- main 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 after- wards; saving, nevertheless, the rights of infants, femines coverts, and persons non compos, so that they sue within one year after the disabilities are removed. Sec. 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 correc- tion, and to safely keep all prisoners committed thereto; to exe- cute 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. Sec. 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 he 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. Sec. 262. Every Sheriff, before entering upon the duties of his office, shall give a bond to the Marshal in the penalty of two thousand dollars, with such surety or sure- ties as he shall approve, conditioned that he will, to the best of his ability, preserve the public peace and the laws of the king- dom; that he will faithfully execute all lawful process placed in his hands for execution; 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 willin 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. Sec. 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. Sec. 264. Said Sheriff, upon approval of the Mar- shal, shall have power to appoint deputies in their respective divisions, for whose official acts they shall be sever- ally responsible, and from whom they may exact bonds of private indemnity. Sec. 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. Sec. 266. The governors of the kingdom shall ap- point 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. Sec. 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 sec- tion contained shall be construed to prevent the respective gov- ernors 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 respect- . ºrmer and sheriffs of the islands on which they are em- ployed. Sec. 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 com- - petent 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. Sec. 269. In case of the death or removal of the marshal, his deputies shall continue if"office, unless otherwise specially removed, until another marshal shall be ap- pointed. - Sec. 270. Every marshal or his deputy, when re. moved from office, or when the term for which the marshal is appointed shall expire, shall have power notwith- standing, 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 to his successor, of all prisoners which may be in his custody at the time of his reinoval, 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. Sec. 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 there- for, 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 the pur- chase 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 pro- ceed 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. Sec. 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 prisonershall 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, to- gether with all other official records, papers and journals; and in default of such delivery, such sheriff, or his executors or ad- ministrators, shall forfeit the sum of two hundred dollars, to be recovered to the use of the public treasury. Sec. 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 re- sulting from the exécution of such process. Sec. 274. The marshal, 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 in- demnity, against the claims of third parties. Sec. 275. Whenever any claim to property seized or levied upon by an officer, shall be interposed by any person other than the defendant, such officer shall have the power to select and impanel a jury of twelve disinterested men, who shall try the question of the ownership of the property claimed. The verdict of such jury shall not bo conclusive upon the parties, but shall, if they find the ownership rot to be in the debtor, justify the officer in releasing said property from execution, unless a satisfactory bond of indemnity be tendered him by the plaintiff. If such bond be tendered, the officer shall proceed to sell the property, notwithstanding the finding of the Jury. Sec. 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. Sec. 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. Sec. 278. There shall be appointed by the King in Privy Council, upon the nomination of the Minister of the Interior, a Board of Health for the Kingdom, consisting of three persons, who shall serve during the King's pleasure, and be charged with the general oversight and care of the public health. Sec. 279. It shall not be lawful for any foreigner, whether naturalized or otherwise, 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 or to such examiners as said Board may appoint for that purpose, satisfactory evidence of his professional qualifications and good moral character, and obtained a certificate of approval from said Board, and a license from the Minister of the Interior. Any person violating the provisions of this section shall, upon con- viction thereof, be liable to a penalty of one hundred dollars for each offense. Sec. 280. Said Board of Health may appoint suit- able agents in such localities as it may deem neces- sary, to carry into effect all regulations for the public health; and it shall hold such agents accountable for all moneys receiv- ed and disbursed by them, on account of the public health. and also for the manner in which they may discharge their several duties. Sec. 281. The Board of Health shall make such regulations respecting nuisances, sources of filth, and causes of sickness, within the respective districts o' the King- dom, and on board of any vessels, as it shall judge necessary for the public health and safety. - Sec. 282. Said Board shall also make such regula- tions as it may judge necessary for the public health and safety, respecting any articles which are capable of contain- ing, 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. Sec. 283. Said Board shall also make all regula- tions which it may judge necessary, for the interment of the dead, and respecting cemeteries and burying grounds. Sec. 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 said regula- tions shall be deemed legal notice to all persons. Sec. 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. Sec. 286. The Board of Health and its agents shall examine into all nuisances, 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. Sec. 287. Whenever any such nuisance, source of filth, or cause of sickness, shall be found on pri- vate property, the Board of Health or any health agent, shall order the owner or occupant thereof, at his own expense, to re- move the same within forty-eight hours ; and iſ the owner or occupant shall neglect so to do, he shall be fined in a sum not exceeding one hundred dollars. Sec. 288. If the owner or occupant shall not com- ply 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 in- curred thereby shall be paid by the said owner or occupant, or by such other person as shall have caused or permitted the savine. Sec. 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 re- moved or destroyad, at the expense of the defendaat, under the direction of the Board of Health, or otherwise, as it may deem proper. Sec. 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 take 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. Sec. 291. The Board of Health, and its agents, may establish quarantine grounds in the several dis- tricts, as they may judge best. Sec. 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 aad safety of the inhabitants. Sec. 293. The quarantina regulations so establish- ed, shall extend to all persons, and all goods and ef- fects, arriving in such vessels, and to all persons who may visit or go on board of the same. Sec. 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. Sec. 295. Any vessel which shall refuse to sub- mit to quarantine, or which shall leave the quar- antine ground before the expiration of the quarantine im- posed 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. Sec. 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 healty, 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 in- fected cargo, to be removed to some place of safety, there to re- main under their orders. Sec. 297. If any master, seaman, or passenger, belonging to any vessel, on board of which any in- fection 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 impris- onment at hard labor not exceeding twelve months, or both, in the discretion of the court. Sec. 298. All expenses incurred on account of any person, vessel, or goods, under any quarantine regu- 8 THE CIVIL CODE. lations, shall be paid by such person, vessel. or owner of such vessel or goods respectively. Scc. 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 coma to their knowledge. Sec. 800. It shall be the duty of every physician having a patient infected with the 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 a sum not less than ten, nor more than one hundred dollars. Sec. 301. It shall be the duty of every household- er, 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 than five, nor more than one hundred dollars, for each offense. Sec. 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, Sec. 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 pre- ceding section, in the house in which he may be ; and, in such case, they may cause the persons in tha neighborhood to be re- moved, and may take such other measures as they shall judge necessary for the public health and safety. Sec. 304. The Minister of the Interior may estab- lish 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. Sec. 305. For the purpose of removing nuisances, and causes of sickness, the Board of Health may re- quire the Marshal and Sheriffs, to cause the prisoners under their charge to aid in such work. Sec. 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 the moneys thus expended. Sec. 307. For the purpose of carrying into effect the law relating to the public health, the Board of Health is empowered to draw from the public treasury, and disburse all sums of money that may be appropriated by the Legisla- ture, for the preservation of the public health ; and in case pestilence, or contagious disease, shall visit the nation, said Board is empowered to draw from the public treasury, and disburse all such sums as may, from time to time, be appro- priated by the King and Privy Council, for the protection of the lives and health of the people. Said Board shall observe the strictest economy in the expenditure of such moneys, and its drafts on the Minister of Finance shall be accompanied by a written statement showing the objects for which the money is to be used. - - Sec. 308. The Board of Health shall keep a regu lar 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 pesti- lence, or epidemic, publish a weekly report of the public health. Sec. 809. The Minister of the Interior shall ap- point, 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 time to time, be appropriated by the Legislature, and shall be removable from office at the pleasure of said Minister. Sec. 310. Each vaccinating officer shall appoint, at least, three convenient places in each school dis- trict 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 place, to inspect the progress of such vaccination in the persons so vaccinated. ..Sec. 811. 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 moth- er, 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. See, §12. 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. Sec. 818. If the vaccination is found to be suc- cessful, 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 look to be kept by such officer for that purpose. Sec. 314. On the presentation of any child to be vaccinated, sºuld the cfficer 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 vaccina- tion at a future time. Sec. 315. The vaccinating officers shall visit the several stations appointed by them, at least once in every six months, and oftener, if required so to do by the Min- ister of the Interior, or Board of Health. Sec. 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. Sec. 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 INQUEST.S. Sec. 318. The Marshal and Sheriffs, and in all other districts than Honolulu, and Lahaina, the several District Justices, shall, ex-officio, act as coroners, with- out any extra compensation. Sec. 319. As soon as any coroner shall have no- tice of the death of any person, within his jurisdic- tion, supposed to have come to such death by poisoning, vio- lence, 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 in- quire upon the view of the body of the deceased, when, how, and by what means he came to his death. All persons sum- moned to attend on a coroner's jury, shall serve without pay ; and if any person summoned to serve on such jury, shall 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. Sec. 320. If the six jurors summoned shall not ap- pear, the coroner may summon other jurors from the bystanders, or others, to complete the number. 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. Sec. 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. Sec. 323. An oath to the following effect, shall be administered by the coroner to the witnesses : 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. Sec. 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 sub- scribed by the witnesses. Sec. 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 ander their hands. Sec. 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 mnrdered, 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 the coron- ers of said island, upon the body of , (or, a person) there lying dead, by the oaths of the jurors whose names are here- unto subscribed, who being sworn to inquire 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 kill- ed.) In testimony whereof, the said Coroner, and the jurors of this inquest, have hereunto set their hands, the day and year aforesaid. Sec. 327. If the jury find that any murder, man- slaughter, or assault had been committed on the de- ceased, the coroner shall bind over by recognizance ; or, if necessary, commit to jail such, witnesses 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 iuquisition, writ- ten evidence and all recognizances and examinations by him taken. Sec. 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 Sec. 321. When the jury is complete the coroner. | Sec. 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. Sec. 330. No fees shall be paid to jurors or wit- nesses 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 In terior. OF THE FIRE DEPARTMENT OF HONOLULU. Sec. 331. There shall be a fire department for the city of Honolulu, which shall consist of a chief en- gineer, two assistant engineers, four fire wardens, and as many firemen as may be approved by the representatives of the de- partment, chosen according to its by-laws. All members of the fire department shall, during the term of their service as such, be exempt from all personal taxes. Sec. 332. The Chief Engineer and the two Assist- ant Engineers, shall be elected annually, on the first Monday of June, by the certificate members of the fire depart ment. Sec. 333. The four fire wardens shall be elected annually by the representatives of the department. Sec. 334. The elections provided for in the two last preceding sections, shall be conducted in such man- ner as the by-laws of the department shall prescribe. Sec. 335. The Chief Engineer shal!, in all cases of fire, bave 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 ex- tinguishing 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 as- sume 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 In. terior, 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. Sec. 886. In case the Chief Engineer shall be ab- sent from a fire, the First Assistant shall asssume his duties ; and in case the Chief Engineer and First Assistant shall both be absent, their duties shall devolve upon the Second Assistant Engineer. Sec. 837. The fire wardens shall divide the city of Honolulu into four districts, and report their boundaries to the Chief Engineer, and shall appoint one of their number to each district, for the purpose of making the visita- tions and examinations provided for in the next section, who shall keep a record of the names of the occupants of the houses, or other buildings where they shall observe any violations of the provisions of this law. Sec. 888. It shall be the duty of the fire wardens twice in every year, and as much oftener as they may think proper, to examine the dwelling houses and other build- ings in their 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 their respective districts, and upon finding any of them defective or dangerous, they, or either of them, shall direct the owner, or occupant, by written notice, to alter, remove, or amend the same , and in case of neglect or refusal go to do, the party offending shall for- feit and pay twenty-five dollars, for the benefit of the fire de- partment, and for every day of the time allotted for such alter- ation, removal, or amendment, the party so offending shall for- feit and pay the further sum of ten dollars, and the fire warden may make such alteration, removal, or amendment, at the ex- pense of said owner or occupant. Sec. 339. It shall be the duty of each and every fire warden to prosecute all persons guilty of a viola- tion of any of the provisions of this law, before the Police Court of Honolulu, and they shall pay over all fines collected, to the treasurer of the fire department, deducting twenty per cent. of such fines for their respective services. - Sec. 340. The firemen shall be divided into com- panies, 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, assistant foreman, a secretary and treasurer, in such manner, and at such times as they shall think proper. Sec. 341. It shall be the duty of said firemen, whenever any fire shall break out in the city, to re- pair 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, Sec. 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. Sec. 848. 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 such 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. Sec. 344. The representatives of the department K THE CIVIL CODE. 9 shall have authority, whenever a company has, for six months, so few members as to render it inefficient, to dis- band the same, and assign the members thereof, with their con- sent, to any other company, or companies, provided the same is done with the assent of the company or companies, to which they are assigned. Sec. 345. It shall be the duty of such members of the city police as are not on duty, at the time of any fire, to repair immediately on the alarm of fire, with their badges of office, to the place where such fire may be, to pre- serve 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. Sec. 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. Sec. 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 inade in any street, road, lane, market place, or other highway. or on any pier or wharf in the city (except for the purpose o boiling tar, which fire shall not be more than ten feet from th end of the pier or wharf) under the penalty of five dollars fo each offense. - Sec. 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 buck- ets, which shall be kept in a conspicuous place, and upon which the name of the owner shall be painted ; and all occu- pants of buildings not so furnished shall be liable to a fine not exceeding ten dollars. - Sec. 349. Any person giving a false alarm of fire - y person giving in Honolulu, shall forfeit and pay for each offense a fine not exceeding fifty dollars. - See. -350. All male residents of Honolulu, going to a fire, are required to obey the orders of the Chief Engineer, and Assistant Engineers, under a penalty of five, dollars for each offense. - - Sec. 351. Any person cutting, or in any way in- tentionally injuring any portion of the fire apparatus, shall be subject to a penalty not exceeding one hundred dollars. Sec. 352. It shall be the duty of all persons own- ing 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 re- fused. the Chief Engineer. or the person acting in his place, is hereby authorised forcibly to enter said premises for the pur- poses aforesaid, and the persons so refusing shall forfeit and pay not less than twenty dollars. - - Sec. 353. The city of Honolulu, for the purposes of this, shall comprise all the space included within a circle, whose centre is the public market house of Honolulu, and whose radius is one mile. OF THE SAFE KEEPING OF GUNPOWDER. Sec. 354. The Minister of the Interior may make such regulations for the storing, keeping, and trans- portation 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. Sec. 355. Whoever shall violate any of such regu- lations, shall be fined for each offense, not less than twenty, nor more than one hundred-dollars. - Sec. 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. Sec. 357. Any person injured by the explosion of any gunpowder, in the possession of any person con- trary to the regulations prescribed by the Minister of the In- terior, may have an action for damages against the person having custody or possession of the same, at the time of the ex- plosion, or against the owner of the same, if cognizant of such neglect. Sec. 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 con- trary to law ; and any Police or District Justice, may grant a search warrant for that purpose. Sec. 359. No regulations for the safe keeping of gun- powder shall take effect until they have becn publish- ed three weeks successively in some newspaper in the town, or by posting up attested copies of them in three places in such town. of wrecks AND SHIPWRECKED GOODS. Sec. 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 re- spective jurisdictlons. - Sec. 361. Every Governor immediately on re- ceiving intimation of any shipwreck, or of finding of any shipwrecked property to the amount of one hundred dollars, or more, on any of the shores or 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 there- of, and shall secure and preserve the same for the owners. Sec. 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 re- ceive 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. Sec. 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 pro- perty, or his agent, or by any person interested, he shall make oath to the truth of such inventory, and shall deiiv r a copy thereof, iſ required, together with all the said property, to the owner, or agent, or other person lawfully anthorized 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 dmties and other charges, if any, as he shall have paid or become liable to pay, on account of the property in question. Sec. 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 re- spective parties ; but, if the other party shall not agree to sub- mit the case to arbitrators, it shall be forthwith 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. - Sec. 365. No person interested in any such pro- perty, 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 or se- cured before the arrival of the Sheriff. - Sec. 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 inter- ested, he shall be subject to a fine not exceeding five hundred dollars, in the discretion of the Court. Sec. 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 ascer- tain, 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 exeeeding one hundred dollars. Sec. 368. The Sheriff, under direction of the Gov- ernor, 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. Sec. 369. He may sell by auction to the best ad- vantage, such of the property as may be of a perish- able nature, whenever necessity may require it, giving reason- able public notice, and if practicable, in a public newspaper. Sec. 870. 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 proper- ty may belong, in case of its being foreign property, an inven- tory 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 proper- ty remaining in his hands, and all papers found by him on board such wreck. Sec. 371. In all other cases, the Sheriff shall rend- er, a like account, and pay over the balance to the Minister of Finance, who shall retain the same, subject to 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. Sec. 372. In any law relating to wrecks and ship- wrecked property, the word “sheriff’” shall be con- strued to mean Marshal, Sheriff, or Deputy Sheriff. OF THE LAW OF THE ROAD. Sec. 373. Whenever any persons shall meet each other on any bridge, road, or other highway, travel- ing 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. Sec. 374. When it is difficult or unsafe for per- sons 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 stop a reasonable time, at a convenient part of the road, to enable such other person to pass by. Sec. 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 pas- sing 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 leſt 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. traveling with any of the carriages, or vehicles aforesaid, shall, Sec. 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. Sec. 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 colnmenced within six months after such injury. OF WEIGHTS AND MEASURES. Sec. 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 to be found true with the capital letters H. I. Sec. 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 Real such as shall be found true, with the initial letters of their respective divisions. Sec. 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 com- pensation for making such weights and measures conform to the standards. Sec. 381. The standards of weights and measures shall be those adopted, and now used, by the United States of America. Sec. 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. Sec. 383. If any person shall sell any goods, wares, or merchandise, fruit, vegetables, or other commodi- ty 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 in- jured 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. Sec. 384. All fishing grounds appertaining to any government land, or otherwise belonging to the gov- ernment, excepting only ponds, shall be, and are hereby for- ever 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. Sec. 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. . - Sec. 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 dis- cretion of the court. Sec. 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 komohikis shall not be molested, except to extent of the reser- vations and prohibitions hereinafter set forth. Sec. 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 kono- hikis, subject to the restrictions imposed by law. Sec. 389. The komohikis 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, signify- ing the kind and description of fish which they have chosen to be set apart for themselves. Sec. 390. The specific fish so set apart shall be ex- clusively for the use of the konohiki, if caught with- in 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. Sec. 391. The konohikis shall not have power to lay any tax, or to impose any other restrictions, upon their tenants, regarding the private fisheries, than is hereinbe: fore prescribed, neither shall any such further restriction hº valid. THE CIVIL CODE. Sec. 392. It shall be competent to the konohikis, on consultation with the tenants of their lands, in lieu of setting apart some particular fiah to their exclusive use, as hereinbefore allowed, to prohibit during certain months in the year, all fishing upon their fisheries ; and, during the fish- ing 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 ko- nohikis to give the notice prescribed in section 389. Sec. 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 ad- jacent to 8aid land. Sec. 394. If that species of fish which has been tabooed by any konohiki, shall go on 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 komohiki'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. Sec. 395. Every konohiki or other person who shall wilfully 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 wilfully exact from another any portion of the fish caught on any public fishing ground, or who shall wilfully 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 wilfully deprive any konohiki of his fishing rights, by appropria- ting 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 de- fault of the payment of such fine, be imprisoned at hard labor not exceeding three months. Sec. 396. The several district justices shall have power to try and punish all offenses against the pro- visions of the last preceding section, committed in their respect- ive districts. ART. VI.-Of the Post Office. Sec. 397. There shall be established a post-office system for the Hawaiian Kingdom, and some suita- ble and trustworthy person shall be appointed by the King to superintend the same, who shall be styled Postmaster-General, and hold his office during His Majesty's pleasure. The said Postmaster-General shall, until otherwise provided by law, be ea officio Postmaster of Honolulu. - Sec. 398. The several collectors of the ports of en- try, except Honolulu, shall be ex officio, Postmasters for said ports; and the Postmaster-General shall appoint Postmas- ters in such other ports and districts as the public wants may, in his judgment, require. He may also with the consent of the Minister of the Interior, fix and arrange the compensation of . said Postmasters, in cases where, from the nature of the services rendered by them, it may be reasonable or needful to allow them such compensation. Sec. 899. The Postmaster-General shall have power to make such rules and regulations, not conflicting with any law of the Kingdom, as may from time to time be need- ful for the government of the several post-offices, and for the safe and speedy transmission and delivery of the mails, and he may employ such clerks or assistance as will emable him to discharge his duties in a prompt and efficient manner. - Sec. 400. The Postmaster-6eneral may employ mail carriers on the several islands, to carry mails between the several districts of the same, as he may judge to be most for the public good, applying for that purpose such moneys as may be appropriated by the Legislature for that object, and no other. Sec. 401. No ship or vessel arriving at any port of these islands where a post-office is established, shall be permitted to report, make entry, or break balk, until the master or commander shall have delivered to the Postmaster at such port, all letters directed to any person or persons within this kingdom, which, under his care, or within his power, shall be brought in such ship or vessel, except such as are directed to the owner or consignee of the ship or vessel; and the Postmaster to whom such letters shall be delivered, shall pay to said master or commander as remuneration therefor, a sum not exceeding two cents for every letter so delivered. And it shall be the duty of the collector, or other officer of the port empowered to receive entries of ships or vessels, to require, from every master or com- mander of such ship or vessel, an oath, or affirmation, purporting that he has delivered all such letters, exceptas a foresaid. And if any commander or master of any ship or vessel shall break bulk before he shall have complied with the requirements of this article, he shall, on conviction thereof before any court, forfeit for every such offense, a sum not less than one hundred, nor more than five hundred dollars; and in default of payment, his vessel shall be liable to seizure, condemnation and sale, in order to satisfy such penalty. Sec. 402. The commanding officers of coasting ves- sels, shall receive and deliver the inter-island mails at the post-offices of the several ports at which they may touch, in such manner as the Postmaster-General may direct, free of ". under penalty of forfeiting the coasting licenses of their Wessels. Sec. 408. The following shall be the rates of Ha- waiian postage on all mailable matter forwarded to, or received from, any foreign port: Five cents for every single letter weighing less than half an ounce; ten cents for every letter weighing not less than half an ounce, or more than one ounce; and five cents for every addi- tional half ºunce; and, in addition to the above rates, the sea postage shall be collected on the said letters. Two cents on each newspaper, price current, printed circular. or other printed paper not being a pamphlet: provided, however, that editors may reciprocate post-free with foreign editors. - Four cents for every pamphlet containing less than 50 pages; eight cents for every pamphlet containing as many as 50 pages, and less than 200 pages; and twelve cents for every pamphlet containing 200 pages or upwards. Two cents an ounce for bound volumes, or other volumes not coming under the head of pamphlets. All Bealed packages at the same rate as letters. Any newspaper, pamphlet, or other printed matter, contain- ing either memoranda, or written information of any sort, shall be subjected to letter postage. Sec. 404. The outward postage on all letters, news- papers, (excepting editorial exchanges) and other mailable matter, sent to any foreign country, shall be prepaid. Sec. 405. No ship or vessel leaving any port of the Hawaiian Islands, where a post-office is established, shall be permitted to carry any letters, newspapers, or other mailable matter, outside the mail, unless the Hawaiian postage on the same shall have been previously paid. And if apy com- mander or master of any ship or vessel shall not comply with the requirements of this section, for every such offense he shall, on conviction thereof, forfeit a sum not less than one hundred, nor exceeding five hundred dollars; and such ship or vessel shall be liable to seizure, condemnation and sale, in order to en- force the payment of such forfeiture. Sec. 406. On, and after, July 1st, 1859, the rate of inter-island postage shall be as follows: Two cents for every single letter weighing less than half an ounce; four cents for every letter weighing not less than half an ounce, or more than one ounce, and two cents for every additional half ounce. One cent an ounce for all bound volumes. Newspapers mail- ed from the offices of publication to subscribers, free; on those otherwise mailed, the rate of postage shall be one cent. Pamphlets containing less than two hundred pages, two cents each, and those containing over two hundred pages, four cents each. Sealed packages at the same rate as letters. Drop let- ters, or those mailed at the office of delivery, free. All parcels containing anything besides letters, or printed matter, to be excluded from the inter-island mails, unless post- age be paid on the same at the rate of one cent an ounce, or fraction of an ounce in weight. No package to be conveyed by mail containing hiquids in glass, or other articles destructive to the contents of mail bags. Provided, however, that the above rates of inter-island post- age shall not apply to mail matter received from foreign coun- tries, but only to such as is mailed within the kingdom. Sec. 407. No inter-island letters shall be transmit- ted by mail unless previously stamped, and it shall be unlawful for coasting vessels, steamers. or individuals, to convey unstamped letters from port to port, except letters direc- ed to, and intended for, owners or consignees: provided, however, that in case of absence or deficiency of stamps, the Postmaster, at the place of mailing, receives an equivalent in money, in which case it shall be his duty to mark such letters paid, and they shall be transmitted by regular course of mail; and provided also, that the provisions of this and the preceding section shall not apply to the correspondenee of their Majesties, the King and Queen, His Majesty's Ministers, or to any official correspondence whatever, provided the same be designated by proper super- scription. - Sec. 408. The Postmaster-General is hereby au- thorized to issue, and sell on account of his depart- ment, postage stamps, of such denomination as the public con- venience may require. If any person or persons shall forge or counterfeit any stamp of the post-office department, issued by authority of law, or if they shall obliterate the mark of any stamp for the purpose of using the same for a second time, they shall be adjudged guilty of felony, and on conviction thereof, be fined a sum not exceeding five hundred dollars, or imprisoned at hard labor for a term not more than one year, in the discre- tion of the court. Sec. 409. All letters uncalled for after having re- mained in any post-office for one year, shall be con- sidered dead letters; and it shall be the duty of the Postmaster- General, under such rules as he may provide, to have the same opened, and if found to contain no valuable enclosures, to cause the same to be destroyed, and in all cases where valuable en- closures are found, it shall be his duty to preserve the same, and use all proper means to restore the said enclosures to their rightful owners. Sec. 410. The Postmaster-General is hereby au- thorized to provide a suitable official stamp for the use of the general post-office, and such stationery as may be required for the use of the same; and he may also provide for and furnish the necessary stamps and stationery for the post- offices at other places in the kingdom. - Sec. 411. The Postmaster-General shall, semi-an- nually, or oftener if required, render a full and ac- curate report of the transactions of the general post-office to the Minister of the Interior, including a statement of receipts and expenditures, letters sent and received, both foreign and inland, and such other matters as will include a full account of the vari- ous branches of the service under his charge. It shall be the duty of the several local postmasters to make quarterly, or such other returns as may be required, to the Postmaster-General, in such form and manner, and to such extent, as he may direct, of all their official transactions. . Sec. 412. The post-office department shall pay its own expenses of every kind, so far as practicable. Any excess of receipts over necessary expenditures shall be paid into His Majesty's treasury. If a deficiency should una- voidably arise, the Postmaster-General may, with the sanction of the Minister of the Interior, draw upon the treasury for the amount of such deficiency, which shall be paid out of any funds not otherwise appropriated : and all the facts in relation thereto, and the reasons for such action, shall be specially reported to the Legislature at its next session. Sec. 413. For the greater security of valuable let- ters posted for transmission in the mails of this king- dom, the Postmaster-General shall be, and hereby is, authorized to establish a uniform plan for the registration of such letters, on application, of parties posting the same, and to require the pre- payment of the postage, as well as a registration ſee of fifteen cents on every such letter or packet: provided, however, that such registration shall not be compulsory; and it shall not ren- der the post-office department, or its revenue, liable for the loss of such letters or packets, or the contents thereof. Sec. 414. The Postmaster-General and his clerks, employed in the general post-office at Honolulu, shall not be liable to jury service in any court of this kingdom. Sec. 413. If any person or persons shall rip, cut, untie, unlock, or in any way open any mail bag valise, or portmanteau, containing letters or mailable matter # the Hawaiian kingdom, without due authority of the Postmas- ter-General, said person, or persons shall, upon conviction thereof, for every such offense pay a sum of not less than fifty dollars, or more than five hundred dollars; or be imprisoned at hard labor for a period not exceeding two years, or both, in the discretion of the court. > ART. VII.-Of the Government Press. Sec. 416. The Minister of the Interior shall ap- point a Director of the Government Press, who shall have the control and management of said Press, and be solely responsible therefor. And nothing contained in this article shall be construed as making the government in any way res- ponsible for the views expressed, or matter published by the Director of the said Press. - Sec. 417. Said Director shall have power to employ operatives, and provide all necessary materials for his office; applying for that purpose the moneys, from time to time appropriated by the Legislature: provided, however, that if the amount appropriated by the Legislature be not sufficient for the employment of operatives, and to provide the necessary mate- rials for his office, he shall have the power to pay for the same out of the receipts of his office—rendering therefor a detailed account to the Minister of the Interior. Sec. 418. Said Director shall be, ea officio, editor of a newspaper which shall be the official organ of the Hawaiian Government. He shall publish therein, all laws, orders, proclamations: reports, decisions, circulars, and notices, that may be sent to him for publication, by either of the depart: ments of Government, or any branch thereof, executive, legisla- tive, o, judicial. - Sec. 419. Said Director shall, weekly, transmit copies of the said newspapers to the following per- sons: To the King, for the use of the Palace, three copies; to the Minister of Foreign Affairs, ten copies; to the Kuhina Nui, and each of the heads of the other departments, two copies; to the President of the Board of Education, two copies; and one copy each in addition for each English school in the kingdom, under his superintendence; to each of the Judges of the Supreme Court, two copies; to each of the Governors, two copies; to the Legisla- ture, when in session, one copy for each member thereof; and also one copy each to such other persons as may be designated by the King. - º Sec. 420. The subscription price of the government newspaper, and the charges for all notices and adver- tisements published therein, and for all other printing done by the government press, shall be such as may, from time to time, he fixed by said Director, with the approval of the Minister of the Interior. -- - - Sec. 421. The Director of the Government Press shall have power to execute job printing for private persons, at such rates of charge as may be profitable for the government. Sec. 422. The Director shall be, ea officio, keeper of the public stamp, which it shall be his duty to im- press upon all documents requiring to be stamped, upon the payment of one dollar for each impression; that is to say—all deeds, mortgages, leases, and other conveyances of real estate; all chattel mortgages; all manifests, entries, permits, and other documents, or exhibits required by law, at the custom-houses; all official and other bonds; all licenses; all powers of attorney; articles of copartnership; letters testamentary, and of administra. tion; letters of guardianship; all petitions to the Supreme Court or any Circuit Court; all summonses, attachments, or other pro! cess of the Supreme and Circuit Courts; all government com- missions, all charters, private or public; all patents. Sec. 423. Said stamp shall be the same as that adopted in the year 1846, and now in use by the Director of the Government Press. Sec. 424. No document required to be stamped as in section 422, shall be recorded, nor be of any validity in any court of this kingdom, unless the same shall be duly stamped. Sec. 425. The Director of the Government Press may impress the stamp upon blanks, and furnish them to the courts, executive departments, collectors of customs, members of the bar, and others as the public convenience may, from time to time, require, upon receiving one dollar for each stamp : provided, however, that the Collector-General of Cus- toms, and other public officers, required to use stamps in the execution of their duties, shall be entitled to receive them with- out such payment, they giving receipts therefor, and being bound to account for the use and proceeds of the same, to the proper department, in their returns, as required by law. Sec. 426. Said Director shall keep a true and faith- ful account of all the receipts and expenditures of his office, and present the same, quarterly, to the Minister of the Interior, and he shall also submii to the said minister, annually, a full and correct report of all the business of his office, accom. panied by such suggestions, or recommendations, as he may have to offer, for the regulation and improvement thereof. Sec. 427. The Minister of the Interior shall have the power, with the approval of the King, to sell or lease the Government Press, and all the appurtenances thereto belonging, whenever, in his discretion, it shall seem for the best interests of the Government. ART. VIII.-Naturalization of Foreigners. Sec. 428. The Minister of the Interior shall have the superintendence and direction of the naturaliza- tion of foreigners. 'I' HE CIVIHL CODE. 11 Sec. 429. The said minister shall have the power, either in person, or through his chief clerk, upon the application of any alien foreigner, stating his intention to become a permanent resident of the kingdom, to administer the oath of allegiance to such foreigner, if satisfied that it will be good for the kingdom, and that such foreigner is not of immoral character, nor a refugee from the justice of some other country, nor a deserting sailor, marine, soldier or officer. Sec. 430. The oath of allegiance to be administer- ed as aforesaid, shall be as follows : The undersigned, a native of , lately residing in - being duly sworn, upon his oath, declares that he will support the Constitution and Laws of the Hawaiian Islands, and bear true allegiance to His Majesty, , the King. Subscribed and sworn to this——, day of . A. D. 18—, before me, - Sec. 431. The oath of allegiance shall always be subscribed by the person so naturalized, be sworn to in the form most obligatory upon his conscience, and the jurat thereof shall be subscribed by the Minister of the Interior, or his chief clerk. - Sec. 432. Every foreigner so naturalized, shall be deemed to all intends and purposes a native of the Hawaiian Islands, be amenable only to the laws of this King- dom, and to the authority and control thereof, be entitled to the protection of said laws, and be no longer amenable to his native soverign while residing in this Kingdom, nor entitled to re- sort to his native country for protection or intervention. He shall be amenable, for every such resort, to the pains and pen- alties annexed to rebellion by the Criminal Code. And every foreigner so naturalized, shall be entitled to all the rights, privileges and immunities of an Hawaiian subject. Sec. 433. It shall be competent for His Majesty to confer upon any alien resident abroad, or tempora- rily resident in this Kingdom, letters patent of denization, con- ferring upon such alien, without abjuration of allegiance, all the rights, privileges apd immunities of a native. Said letters patent shall render the denizen in all respects accountable to the laws of this Kingdom, and impose upon him the like fealty to the King, as if he had been naturalized as hereinbefore pro- vided. Sec. 434. The fee for administering the oath of al- legiance, subscribing the Jurat, and granting cer- tificate of the same, shall be five dollars. - Sec. 435. The following TARIFF of CHARGES, for the Department of the Interior, not elsewhere pro- vided for, is hereby established : For every Royal Patent, lease or other grant of land, inclusive of stamp, $5. For every charter, $10. For every patent for any invention, $10. For every copy of any patent, charter, or other document, 50 cents per hundred werds. For all other acts and duties, the fees for which are not otherwise provided for, such charges as the Minister of the Interior may from time to time, prescribe. CHAPTER III.-Department of Foreign Affairs. ART. IX.-The Minister of Foreign Affairs, his powers and duties in general. Sec. 436. There shall be an executive department styled the Department of Foreign Affairs, which shall be presided over by an officer called the Minister of Foreign Affairs, who shall reside and keep an office at the seat of Gov- ernment. - Sec. 437. It shall be the duty of said Minister ot conduct the correspondence of this Government, with the diplomatic and consular agents of all foreign nations, ac- credited to this Government, and with the public ministers, consuls, and other agents of the Hawaiian Islands, in foreign countries, in conformity with the law of nations, and as the King shall, from time to time, order and instruct. Sec. 488. It shall be the duty of said minister, be- fore transmitting any diplomatic dispatch, making any claim or complaint on behalf of, or in answer to, any claim or complaint made against the authorities of the government of His Majesty, or before transmitting any other important dis- patch, involving national responsibility, to submit the same to the King for adoption or amendment, to the end that His Ma- jesty may not become liable for any official act, of which he shall not have had previous knowledge. Sec. 439. The Minister of Foreign Affairs shall keep a full and faithful record of all the transactions of his department, and preserve in some form convenient for refer- ence, all his official correspondence, which shall be, at all times, accessible to the King. - Sec. 440. Said Minister may, from time to time, publish such portions of his correspondence, as the King may authorize or direct to be published. Sec. 441. Said minister shall have the custody of all public treaties concluded and ratified by the Gov- ernment; and it shall be his duty to promulgate the same by publication in the government newspaper. When so promnl- gated, all officers of this government shall be presumed to have knowledge of the same. - Sec. 442. It shall be the duty of the Minister of Foreign Affairs to instruct the ministers, consuls, and other foreign agents of this government, in relation to their duties and conduct, in such manner as the King may, from time to time, direct. - Sec. 443. Said Minister shall also prescribe the fees and perquisites to be received by the consuls, and other foreign agents of this government. Sec. 444. The compensation of the foreign agents of this government shall be such as may, from time to time, be determined by the King: provided, always, that no money shall be applied to this purpose, except as the same may be appropriated by the Legislature. Sec. 445. Every minister, commissioner, consul, or vice-consul, of the Hawaiian Islands, in any for- eign country, may take and certify, under his official seal, all acknowledgments of any deed, mortage, lease, release, or other instrument affecting the conveyance of real or personal estate in this kingdom—and such acknowledgment shail entitle such in- strument to be recorded. Sec. 446. Such ministers, commissioners, consuls, and vice-consuls, shall have power to take acknowl- edgments of powers of attorney, to administer oaths, and to take depositions and affidavits to be used in this kingdom. Sec. 447. It shall be the duty of the Minister of Foreign Affairs to issue and promulgate all procla- mations, and orders in council, in anywise affecting the rela- tions of this government with any foreign nation. Sec. 448. The Minister of Foreign Affairs is charged with the requisition upon foreign governments, for the surrender of persons charged with the commission of crimes within this kingdom ; and he is also charged with the surren- der of fugitives from justice, coming to this kingdom from any foreign country. Sec. 449. The respective judges and magistrates of the kingdom shall have authority, upon complaint made under oath, to issue a warrant for the apprehension of any person charged with the commission of a crime, in any foreign country, that he may be brought before such judges, or other magistrates respectively, to the end that the evidence of criminality may be heard and considered ; and if, on such hear- ing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to cer- tify the same to the Minister of Foreign Affairs, that he may is- Sue a warrant for the surrender of such fugitive. Sec. 450. Before issuing any such warrant, the Minister of Foreign Affairs shall be satisfied that the expenses of apprehension and detention of the fºgitive have been paid, or that the representative of the nation has assumed the payment of such expenses. Sec. 451. The warrant of the Minister of Foreign Affairs, directing the surrender of any fugitive from justice, shall be binding upon all officers of His Majesty's Gov- ernment, in anywise having the custody of such fugitive. Sec. 452. Every fugitive from justice may be re- tained in prison after his surrender, until a suitable opportunity occurs for his removal, at the expense of the officer to whom he is surrendered. - Sec. 453. The Minister of Foreign affairs may is- Sue passports to all ministers, diplomatic agents, and consuls of the King, sent abroad, and to the consuls and other commercial agents of foreign governments, and to all subjects of the kingdom going abroad, who may desire the same. Sec. 454. Said passports shall be issued free of charge, signed by the said minister, and impressed with the seal of his department ; and shall exonerate all mas- ters of vessels, from any liabilities for having conveyed the persons named in such passports out of the jurisdiction of this kingdom. - - Sec. 455. The Minister of Foreign Affairs, upon being duly notified that any alien foreigner has died intestate within this kingdom, leaving residuary asssets therein, but no heirs, shall immediately give notice thereof to the ac- credited representative, or consul, of the nation to which the deceased belonged. Sec. 456. If such residuary assets shall be claim- ed in behalf of any foreign heir, the Minister of For- eign Affairs, upon being satisfied of the claimant's right to re- ceive them, shall order the same to be delivered to him, after deducting the proper charges for receiving and keeping the same. And all persons having such assets in custody, shall deliver the same to the person named in such order. Sec. 457. In case the Minister of Foreign Affairs shall not be satisfied of the claimant’s right to re- ceive such residuary assets, it shall be competent for such claimant to institute a suit for their recovery, against said minis- ter, before the courts of the kingdom, and the final judgment rendered in the case shall be conclusive upon the parties. ART. X.-The Diplomatic and Consular Agents of Foreign JVations. Sec. 458. It shall be incumbent upon all foreign consuls-general, consuls, vice-consuls, and consular agents, to present their commissions through the diplomatic agents of their several nations, if such exist, and if not, direct to the Minister of Foreign Affairs, who, if they are found to be regular, shall, unless otherwise directed by the King, give them exeguaturs under the seal of his department ; and it shall be the duty of said minister to cause all such exeguatºrs to be published in the government Gazette. Sec. 459. No foreign consul, or consular or com- mercial agent, shall be authorised to act as such, or entitled to recover his fees and perquisites in the courts of this kingdom, until he shall have received his exeguatur. Sec. 460. It shall be incumbent upon every diplo- matic agent, coming accredited to the King, to notify the Minister of Foreign Affairs of his arrival, and to request an audience of the King, for the purpose of presenting his creden- tials. Said minister, upon receipt of such notice, with copy of his credentials, shall take His Majesty's orders in regard there- to, and communicate the same to such agent. Sec. 461. After any such foreign diplomatic agent shall have presented his credentials to, and been re- ceived by the King, it shall be the duty of the Minister of For- eign Affairs, to announce that fact to the public, by notification in the government Gazette. Sec. 462. No person shall arrest, or otherwise molest, any foreign public minister, received and acknowledged as such by the King, or any attache, or servant of such minister, except for acts of political sedition, and machinations endangering the political safety of the King's Government : provided, nevertheless, that no subject or in- habitant of this kingdom, who shall have contracted debts prior to his entering into the service of any such public minister, which debt shall still be due and unpaid, shall have, take, or re- ceive any benefit of this law ; nor shall any person be proceed- ed against by virtue of this law, for having arrested or sued any domestic servant of such public minister, unless the name of such servant shall have been previously furnished to the de- partment of Foreign Affairs. - Sec. 463. It shall be the duty of the Minister of Foreign Affairs, upon the receipt of a list of the at- taches, and domestic servants of any such public minister, to cause the same to be published in the government Gazette, and to furnish a copy of such list to the Marshal. Sec. 464. Foreign public ministers are not amen- able to the civil or criminal jurisdiction of the king- dom, and therefor all writs or process, whereby the person of any public minister received as such by the King, shall be ar- rested, or imprisoned, or his property distrained, seized, or at- tached, shall be utterly null and void, to all intents and pur- poses whatsoever: provided, always, that force may be applied to confine, or send away any such minister, when the safety of the State, which is superior to all other considerations, absolutely requires it, arising either from the violence of his conduct, or the influence and danger of his machinations. Sec. 465. All writs or process, for the arrest or imprisonment of any attache of a public minister, whose name has been furnished to the department of Foreign Affairs, as provided in section 462, or for the seizure or attach- ment of his property, shall be null and void; subject, however, to the provisions of section 462; and provided, always, that he shall enjoy no greater privileges than are accorded to him by the law of nations. - Sec. 466. If any person assault, strike, wound, imprison, or in any other manner infract the law of nations, by offering violence to the person of a public minister, such person so offending, on conviction, shall be imprisoned not exceeding five years, and fined at the discretion of the court; and, if an officer of this Government, shall be liable to removal from office. - Sec. 467. All foreign diplomatic agents, received and acknowledged as such by the King, as having the representative character, in a political sense, shall enjoy the exemption from duties upon stores and supplies imported for their private use and consumption, allowed by their respective nations to foreign diplomatic agents of the same rank, and ac- credited in the same manner; provided that each foreign diplo- matic agent shall, previously, adduce to the Minister of Foreign Affairs, satisfactory proof that the exemption claimed by him would be allowed by his own nation, to a Hawaiian agent of the same rank, under the like circumstances. CHAPTER IX. —Department of Finance. ART. XI.-The Minister of Finance—His Powers and Duties in General. Sec. 468. There shall be an executive department, | styled the Department of Finance, which shall be presided over by an officer called the Minister of Finance, who shall reside and keep an office at the seat of government. Sec. 469. It shall be the duty of the Minister of Finance to have a general supervision over the financial affairs of the kingdom, and to faithfully and impar- tially execute the duties assigned by law to his department. He is charged with the enforcement of all revenue laws; the collection of duties of foreign imports; the collection of taxes; the safe keeping and disbursement of the public moneys, and with all such other matters as may, by law, be placed in his charge. Sec. 470. It shall be his duty to make a biennial report to the Legislature, of the transactions and business of his department, showing the revenue and expendi- ture for the two preceding years, and giving a full and detailed estimate of the revenue and expenditure for the two succeeding years. Sec. 471. He shall keep, or cause to be kept, in appropriate books, a clear, distinct and full record of all the transactions and business of his department. Sec. 472. He shall, from time to time, instruct the collectors of customs, the collectors of taxes, assessors and other officers of his department, in relation to their duties and business. Sec. 473. The Minister of Finance shall be person- ally responsible for the safe keeping of all moneys paid into the public treasury, and for the proper disbursement and appropriation thereof, pursuant to the laws : provided, however, that in case of the larceny or embezzlement of any such moneys, by any officer of his department, or other persons, said minister shall be allowed to give that fact, and that he had no collusive knowledge thereof, in evidence, and the establishment of such facts shall discharge him from personal responsibility. Sec. 474. Said minister shall appoint, on his own faith and responsibility, a registrar of public ac- counts, removable at his pleasure. Such registrar shall, before entering upon his duties, give a bond with good and sufficient sureties, for the benefit of the government, to the Minister of Finance, and his successors in office, in the penal sum of not less than five thousand dollars, nor more than ten thousand dollars, conditioned that he will well and faithfully keep the accounts of the department of finance; that he will not embezzle, or in any other way wrongfully convert to his own use, or to the use of another, any of the public moneys; and that in all other res- pects he will faithfully discharge the duties of his office. Sec. 475. Said minister shall have power to admin- 1:2 CIVIL CODE. | THE ister all necessary oaths connected with the his department. Sec. 476. Said minister shall have power to certify, under the seal of his department, copies of vouchers and other documents deposited in his office; and such copies so certified shall be as valid evidence in any court as the originals. Sec 477. The head of each ministerial department shall be responsible for the correctness of all drafts or orderº drawn by him upon the treasury, in pursuance of ap- propriations, and for the proper disbursements of all appropria- tions for his department. The same rule shall apply to the President of the Board of Education. The responsibility of the Minister of Finance, in such cases, shall be limited to the pay- ment of the aggregate amount of appropriations made by the Legislature. All moneys received by any department or officer of the government, on public account, shall be promptly paid | duties of into the treasury, and there held subject to disbursement in ac- cordance with law: provided, however, that the provisions of this section shall not apply to the school-tax, which shall be col- lected by the tax-collectors of the several districts, and deposited with the school treasurers of the several districts, for the sup- port of the government schools. Sec. 478. No draft or order drawn by any District Justice, assessor, or tax-collector, upon the treasury, for salary or compensation, shall be regarded as valid, or be paid by the Minister of Finance, unless the same be counter- signed ly the governor of the island on which said District Jus- tice, assessor or tax-collector may reside. Such countersigna- ture shall be evidence of the genuineness of any such draft or order, and the governor countersigning the same shall be re- sponsible therefor. In order to secure uniformity, and a proper security to the treasury in the payment of salaries and compen- sation, to persons entitled to receive the same, the Minister of Finance shall have power to prescribe the form of all accounts, draſts, or orders, relating to such salaries or compensation. Sec. 479. For the purpose of promoting convenience in business and exchange between the different islands of the kingdom, it shall be lawful for the Minister of Finance, in his discretion, to receive any current funds on deposit, to any amount not less than fifty dollars, and to issue certificates of deposit thereof, payable to bearer, on demand, without interest. Art. XII.-Of the Internal Taaces. THE POLL TAX. Sec. 480. An annual poll-tax of one dollar, shall be paid by every male inhabitant of the kingdom, between the ages of seventeen and sixty years, whether a Ha- waiian subject, or an alien, unless the person be excused from such payment by law, or by the assessor of the district in which he resides, on account of age, infirmity, and poverty. THE CHATTEL. TAX. Sec. 481. All horses more than two years old, male or female, shall be yearly taxed one dollar each : provided, however, that this shall not be construed to conflict with the laws relating to stallions. All mules and asses, more than two years old, shall be yearly taxed half a dollar each. All dogs shall be yearly taxed one dollar each. Sec. 482. All carriages, drawn by one or more horses or mules, shall be yearly taxed five dollars each. All wagons, drays, or carts, drawn by one or more horses, oxen, or mules, used for the transportation of goods, wares or merchandise, except those used on plantations, or farms, shall be yearly taxed five dollars each. Sec. 488. All personal property of whatever kind, mot subject to specific taxes, or specially exempted from taxation, shall be subject to an annual tax of one quarter of one per cent. upon the valuation thereof. The term “personal property” shall be construed to include all household furniture, goods and chattels, wares and merchan- dise, all ships and vessels whether at home or abroad, all moneys in hand and moneys loaned, all mortgages, public stocks, stocks in corporations, and every species of property not included in real estate. THE TAX ON REAL ESTATE. Sec. 484. There shall be assessed and collected upon all real property within the kingdom, not specially exempted from taxation, and annual tax of one quarter of one per cent, on the value of the same. The term “real property,” with respect to the assessment and collection of revenue, shall be deemed to include all lands and town lots, with the buildings, structures, and other things erected on, or affixed to the same. Sec. 485. Real property, belonging to the King or Queen; to the Government; to the Board of Educa- tion, for the use of schools; to incorporated or private schools; to religious societies for church sites; burying grounds, and houses of education, and to literary and benevolent institutions, shall not be subject to taxation. Personal property relating to the same persons and objects, is also exempt. THE SCHOOL TAX. Sec. 486. An annual tax of two dollars, for the support of public schools, shall be paid by every male inhabitant of the kingdom between the ages of twenty-one and sixty years, whether a Hawaiian subject, or an alien, unless the person be exempted from such payment by law, or by the asses- sor of the district in which he resides, on account of age, infirm- ity, and poverty, or unless he be a student actually in attend- ance at any of the high schools or colleges. THE ROAD TAX. Sec. 487. An annual road-tax of two dollars shall be paid by every male inhabitant of the kingdom be- tween the ages of seventeen and fifty years, whether a Hawaii- an subject, or an alien, unless the person be exempted from ºuch payment by law, or by the assessor of the district in which he resides, on account of infirmity ; or, unless he be a school- | teacher actually employed or a fireman belonging to a legally organized company, or a student actually in attendance at any of the high schools or colleges. Sec. 488. Every person liable to the road-tax, may have his election of paying the same in money or labor : provided, always, that when he elects to pay the same in labor, he shall labor six days, annually, under the direction of the road supervisor of his district ; and further provided, that eight hours labor shall be considered a full day's work. Sec. 489. Whenever any person shall have worked six days upon the public roads, the road supervisor shall give him a certificate to that effect, which certificate, on presentation to the tax-collector, shall exonerate such person from the payment of the road-tax for that year. ARt. XIII.-Of the Assessment of Tazes. Sec. 490. The Minister of Finance, with the ap- proval of the King, shall appoint, annually, on or before the first day of July, two assessors for each taxation district of the kingdom, whose duty it shall be, under the direc- tion of said minister, to make, on or before the first day of September, a faithful assessment of all the taxes imposed by law, within their respective districts : and to furnish an accur- ate list of the same to be sworn to by them, according to blank forms furnished by said minister, which shall exhibit the names of all persons assessed, and the different items of taxation charged against them. In case of non-residents, the list shall state the residence of tax-payers, if their residence is known, otherwise such rasidence must be described as unknown. If said asse: sors cannot agree in their assessment, the school-trea- surer of the district shall be the umpire between them, and his decision, for the purposes of such assessment, shall be con- clusive. Sec. 491. Each assessor, on his appointinent, shall take and subscribe, before a police or district justice, or other officer authorized to administer oaths, an oath of office, a certified copy of which shall be immediately forwarded by such justice or officer, to the Minister of Finance. Such oath shall be substantially in the followihg form. I, , having been appointed assessor of taxes for the district of —, on the island of , do solemnly swear that I will faithfully make a fair assessmeat of taxes in said district, according to the best of my judgment and ability, and discharge all the duties of said office according to law. So help me God. - No assessor shall be entitled to receive any compensation for his services, until a certified copy of his oath, as aforesaid, shall be received by the Minister of Finance. Sec. 492. Is shall be the duty of the assessors of each district to call at the usual place of residence or business of every tax-payer within such district, for the purpose of ascertaining the amount of taxes each person is liable to pay ; or to give publie notice, by written or printed advertisement, to the inhabitants of the different settlements or convenient points thereof, to meet him, at a specified time and place within such settlements or points for that object ; and if any person, when so called upon, or notified, shall decline or refuse to give a list of the persons residing with him liable to taxation, or of his or their animals, liable to specific taxes, or of any property belonging to him or them subject to assessment, or shall decline to make oath to the accuracy of the list of persons, animals, and other property he is required to furnish, the said assessors may make such list, according to the best information within their reach, and the same shall be binding upon all persons interested. Sec. 493. Such assessors may, in their discretion, or in the discretion of either of them, administer the following oath to any person who shall give him a list of persons, animals, or property of any description liable to taxation, as prescribed by law : “You solemnly swear that the list of per- sons residing with you, and of animals, and other property in your possession, or owned by you, liable to taxation, which you have given, is true : So help you God.” - Any person refusing to take the oath aforesaid shall be fined not exceeding fifty dollars, or imprisoned not exceeding thirty days, in the discretion of the court, on conviction or such refusal, before any police or district justice. - Sec. 494. Whenever said assessors require a list as aforesaid, and no person shall be found to furnish the same, the assessors, or one of them, shall leave a notice at tle residence, or place of business of the tax payer when he re- sides in the district, or post up a written or printed advertise- ment at some public place in the vicinity, requiring such tax payer to furnish such list on or before the first day of Septem- ber next ensuing, and in case said list is not furnished on or before such date, the assessors shall proceed to make out a list according to the best of their knowledge, which shall be binding upon all parties. Sec. 495. It shall be the duty of the assessors of the several taxation districts, on or before the first day of September in each year, to compute and deliver to the governors of their respective islands, two copies of their tax list as hereinbefore prescribed, one of which shall be immediately forwarded by the governer to the Minister of Finance. Sec. 496. Assessors who shall have faithfully dis- charged the duties of their office according to law, shall receive a compensation for their services, respectively, not exceeding five per cent. of the amount of taxes collected on their several lists, which, within that rate, shall be regulated by the Minister of Finance. Such assessors shall receive a draft for such compensation on the department, drawn by the gov- ernor, when the collection of taxes is fully completed as herein- after provided. - Sec. 497. Every person having the custody or pos- session of any dog, shall be deemed to be the owner thereof, and shall be taxed for the same. It shall be lawful for any tax collector, or other person to kill any dog, the owner of which shall have refused or neglected to pay his tax for the same, or for which no owner can be found. Sec. 498. For taxation, educational and judicial purposes, the several islands shall be divided into the following districts : The island of Hawaii shall be divided into eight districts, as follows ; 1, Hilo : 2, Puna ; 3. Kau : 4, South Kona ; 5, North Kona ; 6, South Kohala; 7, North Kohala; 8, Hamakua. The islands of Maui, Molokia, Lanai and Kaahoolawe, shall be divided into six districts, as follows: 1, From Kahakuloa to Ukamehame, including Kaahoolawe, to be called the Lahaina district ; 2. From Waihee to Honuaula inclusive, to be called the Wailuku district : 3, Kahikinui, Kaupo, Kipahulu, Hana and Koolau. to be called the Hana district; 4, Hamakualoa, Hamakuapoko, Haliimaile, Makawao and Kula, to be called the Makawao district ; 5, Molokai ; 6, Lanai. The island of Oahu shall be divided into five districts, as ſol- lows: 1. From Maunalua to Moanalua inclusive, to be styled the Honolulu district ; 2, Ewa and Waianaes to be styled the Ewa district ; 3, Waialua ; 4, Koolauloa ; 5, Koolaupoko. The islands of Kauai and Niihau shall be divided into six districts as follows: 1. From Nualolo to Hanapepe, inclusive, to be styled the Waimea district ; 2, From Wahiawa to Ma- haulepu, inclusive, to be styled the Koloa district ; 3, From Kipu to Kamalomalo, inclusive, to be styled the Lihue district ; 4, From Anahola to Kilauea, inclusive, to be styled the Ana- hola district ; 5. From Kalihiwai to Honopu, inclusive, to be styled the Hanalei district ; 6, Niihau. Sec. 499. The said assessors shall be required, under such regulations as the Minister of Finance may prescribe, to ascertain, as nearly as possible, the descrip- tion by name or otherwise, of the different lands and lots, in their respective districts ; and if lands, the quantity of the same in acres as near as may be. together with such other par ticulars in regard to the situation and character of the same, as the said Minister of Finance may instruct them to furnish. ARt. XIV.-Of the Collection of Tuares. Sec. 500. The several governors, under the direc- tion of the Minister of Finance, shall superintend the collection of all internal taxes within their respective guher. natorial districts, and shall pay over all taxes received by them, except the road tax, less the cost of collection, to the Minister of Finance. To this end, the said governors, respectively, with the approval of the Minister of Finance, shall appoint, annual- ly, one tax-collector in each district prescribed in the last pre- ceding section ; and they may, with the like approval, control or remove such collectors at their pleasure. Sec. 501. Such tax-collectors, before entering upon the discharge of their respective duties, shall sever- ally file with the governor, a bond to the Minister of Finance, conditioned for the faithful performance of their duties accord- ing to law, with two sureties, to be approved by said governor, in a penal sum equal to the amount of taxes to be collected by them, as shown by the tax list, a certified copy of which shall be immediately forwarded to the Minister of Finance. Sec. 502. The respective governors shall deliver to each tax-collector, having filed his bond as-aforesaid, a copy of the tax list for his district ; and said collector shall proceed immediately to collect the taxes in such district accord- ing to the same: provided, however, that it shall be his duty to add to said list any person not included therein liable to assess- ment, and to collect the taxes with which he may be chargeable. Sec. 503. The said collector shall call on each tax- payer at his residence, or usual place of business, or otherwise give notice to the tax-payers to meet him at conve- nient points or settlements of the district, in the months of Sep- tember, October and November, to demand payment of the taxes assessed as aforesaid ; and if any person shall neglect or refuse to pay his taxes, when so called upon or notified, until the last day of November, the tax-collector may levy the same by distress upon so much of the goods and chattels of such per- son, as he may deem sufficient for the payment of taxes and expenses of collection, and sell the same upon the order of the District Judge or Police Magistrate, after a public notice of five days. In case no property can be found whereon to levy, then such person, iſ able bodied, may, by sentence of said judge or magistrate, be compelled to discharge the amount of his tax by labor on the public roads, or other public works, at the rate of twenty-five cents per day. Sec. 504. The collector shall keep all goods dis- trained at the expense of the owner, until the day of sale ordered by the District Judge or Police Magistrate, unless a bond be given for the production of the same at the time re- quired by such order. Such sale shall be at public auction, and any overplus remaining after paying the taxes assessed, and the costs of collection as allowed by said judge or magistrate, shall be returned to the owner of the property, with an account of said sale, and the cost and charges thereof, if demanded. Sec. 505. Any collector, when resisted or impeded in the exercise of his office, may require any con- stable, or other officer of police, to aid him in discharge of his duties ; and if any such officer shall refuse to render such aid, he shall be subject to a fine not exceeding ten dollars, and to removal from office. Sec. 506. It shall be the duty of each collector, on or before the last day of December in each year, to pay over to the governor of the island in which his district is situated, the amount of taxes by him collected, with the excep- tion of the school-tax, which shall be paid over to the school- treasurers ; and any collector who shall have failed to do so at the time last specified, shall be liable to forfeit ten per cent of the amount of compensation for his services as collector, which forfeiture shall be at the discretion of the Minister of Finance, and it shall be the dmty of the Minister of Finance to prosecute, on or before the first day of February, the bond of any collect- or who shall have failed to pay over to the governor aforesaid, the amount of taxes prescribed in the preceding sections. Sec. 507. In case no personal property can be found to satisfy any tax on real estate, it shall be the duty of the collector to return a full description of such real es- tate, as near as can be ascertained, to the governor, who shall report the same to the Minister of Finance on or before the first day of February next ensuing. The Minister of Finance shall make a certified copy of such report, and present the same to the Supreme Court at the next, or succeeding regular term of said court, which shall be prima facie evidence of the facts therein stated, and if no sufficient reason appear to the contra- THE CIVIL CODE. 13 ry, judgment be entered against such delinquent property, or the owners thereof, if known, and a sale of the same ordered as in cases of ordinary judgment. Said judgment and sale shall be conclusive evidence of the correctness of all proceedings antecedent to fuch sale. Any party in interest may redeem the property sold, by paying, within one year, the taxes, costs and charges of sale, with twenty-four per cent. per annum in addition thereto. If, at the expiration of a year, such property is not redeemed as aforesaid. the Marshal shall give a deed to the purchaser, which shall have the same force and effect as any other deed given or issued under execution from the Supreme Court. All sales of real property for delinquent taxes shall be made at Honolulu, or at such other place as the Minis- ter of Finance shall deem expedient, by the Marshal, or under his immediate authority. - Sec. 508. It shall be the duty of the respective governors to hold the tax-collectors responsible for the full amount of taxes specified in their several tax lisus, un- less they shall file with the said governors a sworn list, con- taining the names, places of residence, so far as can be ascer- tained, and amount of taxes due from each person in their several districts, from whom, after using due diligence, they were unable to collect the taxes ; in which case the said gov- ernors are hereby authorized to deduct the amount of said taxes as sworn to, from the amount of the assessor's tax list, and to hold the collector responsible only for the balance. Sec. 509. Each tax-collector who shall have faith- fully discharged the duties of his office, and shall have paid. on or before the first day of January, to the govern- or of the island in which his district is situated, the amount of taxes by him collected, except the school-tax, shall receive a compensation equal to ten per cent. of the amount of taxes by him so collected, and paid over, and shall receive the gover- nor’s draft on the Minister of Finance for the amount of such compensation: provided, however, that the compensation paid to the collectors of Kona, Oahu, and Lahaina, Maui, may, in the discretion of the Minister of Finance, be reduced to not less than five per cent. Sec. 510. If any tax-collector shall die before com- pleting the collection of the taxes of his district, the governor, with the approval of the Minister of Finance, may ap- point some person to complete the collection, who shall receive such reasonable compensation as such governor and minister may determine ; and such person shall have the same powers and duties, and be under the same liability as other tax-collectors: provided, however, that such liability shall only extend to the taxes remaining uncollected at the time of his appointment. Sec. 511. In case of the death or the removal from office of any tax-collector, it shall be the duty of his executors or administrators, and of all other persons into whose hands his tax list, or any of his taxes may come, forthwith to deliver the same into the hands of the governor of his island. Sec. 512. It shall be the duty of the tax-collectors to pay over to the school-treasurers of their respec- tive districts, the amount of the school-taxes collected by them, and to take from the school-treasurers duplicate receipts fos the amount paid to them, one of which receipts shall be immediately forwarded by the tax-collector to the President of the Board of Education, and the collectors shall be responsible for the full amount of school-taxes specified in their several tax lists, unless they shall file with the school-treasurer a sworn list containing the names, placee of residence, and amount of school-taxes due from each person in their respective districts, from whom they have not been able to collect the school-tax, on account of death, or other cause of inability to collect, and of his having left with the Police or District Justice, for the purpose of collection, a list of the names of persons who have not paid their tax, in which case the school-treasurer is hereby authorized to deduct the amount of the taxes in the list so sworn to, and the collector shall be responsible only for the balance. The tax-collector shall be entitled to receive from the school- treasurer the same compensation for the collection of the school- tax, as is provided by law for the collection of other taxes. GENERAL PROVISIONS. Sec. 513. The following persons shall be exempt from all internal taxes: His Majesty, the King; the Diplomatic Agents of foreign countries, and their attaches, duly made known to the department of Foreign Affairs. The following persons shall be exempt from personal taxes. All clergymen of any Christian denomination regularly engaged in their vocation; all teachers of youth employed in public or private schools for more than six months of the year; all soldiers in actual service; and all members of the Fire Department of Honolulu, and other towns where a fire department now exists, or may hereafter be organized, shall, in addition to exemption from personal taxes, be entitled to two horses, each free from taxation. Sec. 514. The Minister of Finance, with the con- sent of the King, shall have power, and it is hereby made his duty to prescribe all needful rules and regulations for the assessment and collection of taxes, in cases where no such rules and regulations are definitely made by law : provided, however, that the same shall not be in contravention of any existing statute, or inconsistent with the Constitution. Sec. 515. In case any officer, agent, employee or other person in the public service, shall be indebted to the Government, or to any of the departments thereof, his salary or compensation shall be withheld by the head of the pro- per department, or the officer authorized to settle his accounts, until such indebtedness be fully paid and discharged. ART. XV. Sec. 516. There shall be levied, collected and paid upon all goods, wares, merchandise and produce, im- ported into this kingdom, a duty of five per cent. ad valorem, excepting wines and spirituous liquors, and excepting sugars, molasses, and syrups of sugars, and coffee, the produce of any country, with which this Government has no existing treaty, which shall be subject to the following rates of duty, viz. Distilled spirits, wines of all descriptions, ale, porter, beer, cider, and all other fermented liquors, cordials, and liqueurs, ex- seeding fifty-five per cent. of alcohol, ten dollars per gallon : Brandy, rum, gin, whisky, arrack, and all other distilled spirits, not exceeding fifty-five per cent. of alcohol, five dollars per gallon : Wines, cordials, and liqueurs of all descriptions other than claret, containing more than eighteen and not more than twen- ty-seven per cent. of alcohol, one dollar per gallon : Claret wines, ale, porter, beer, cider, and all other fermented liquors, cordials, and liqueurs, not exceeding eighteen per cent. of alcohol, five per cent. ad valorem. All sugars, the produce of any foreign country with which this Government has no existing treaty, two cents per pound : Molasses and syrups of sugar, the produce of any country with which this Government has no existing treaty, ten cents per gallon : Coffee, the produce of any country with which this Govern- ment has no existing treaty, three cents per pound : Provided, however, that no import duty whatever, shall be levied upon any naval stores or supplies belonging to any for- eign Government, when imported and used as such ; nor upon such stores and supplies as may be imported by the diplomatic representative of any foreign Government, for his own private use and consumption, in accordance with the provisions of section 467 ; nor upon goods allowed to be imported by whale ships, in accordance with the provisions of section 569; nor upon any oil, bone or other products of the sea, being the catch of a duly registered Hawaiian vessel : And provided also, that the Minister of Finance may upon special application, allow any of the following articles to be im- ported free of duty, viz.: Seeds, roots and plants imported to be sown or planted in this kingdom ; plows and hoes, and other implements of husbandry imported by any agriculturist, or body of agriculturists for their own use ; steam engines, sugar mills, coffee mills and other machinery for the promotion and facilitating of agriculture, imported by any agriculturist or body of agriculturists for their own use ; horses, mares, bulls, cows, sheep, swine, and other domestic animals, birds and bees, im- ported for the purpose of improving or extending the breeds of these animals within this kingdom. Sec. 517. Whenever the duties specified in this section can be substituted for those provided for in the last preceding section, without a violation of any existing treaty between this Government, and any foreign Government, then in lieu of such duties, there shall be levied, collected and paid on goods, wares and merchandise imported from foreign countries the following rates of duty : 1. On alcohol and other spirits of the strength of alcohol, ten dollars per gallon 5 on brandy, gin, rum, whisky, and all other spirits or strong waters, of whatever name or description, below the strength of alcohol, three dollars per gallon ; also on all liqueurs, cordials, bitters, brandied fruits, perfumery, and other articles of merchandise sweetened or mixed, containing alcohol, or spirits of the strength of thirty per cent., or upwards, three dollars per gallon. 2. A duty of one dollar and fifty cents per gallon on port, sherry, Madeira and other wines of whatever name or descrip- tion, above eighteen per cent. of alcoholic strength ; also on all cordials, bitters and other articles of merchandise of any name or description, containing, or preserved in alcohol, or spirits above that rate of strength and below thirty per cent. 3. A duty of five per cent. ad valorem, on all wines in casks and cases, known in commerce as wines “ de Cargaison.” 4. A duty of ten per cent. ad valorem, on Gider, beer, ale, porter, and other fermented beverages below eighteen per cent. of alcoholic strength. 5. A duty of fifteen per cent. ad valorem, upon all wines of a higher quality than wines of “cargaison” below eighteen per cent. of alcoholic strength ; also on tobacco, opium and all the manufactures thereof. 6. Upon all other goods, wares and merchandise imported into the Hawaiian Islands, a duty of ten per cent. ad valorem: provided, however, that no impost duty shall be levied on goods or other articles imported for the use of the Government, or of the King and Queen, naval stores and supplies belonging to a foreign Government, when imported and used as such ; goods imported for the private use and consumption of foreign diplo- matic representatives ; goods allowed by foreign treaties to be introduced free by whale-ships; professional books, implements and tools of trade in actual use of persons from abroad, and not intended for sale ; old household effects in use abroad by those bringing them, and not for sale ; wearing apparel, not merchan- dise, in use of persons arriving at Hawaiian ports ; personal household effects, not merchandise, of subjects of the Hawaiian kingdom dying abroad ; oil, bone, fish, or othar products of the sea being the catch of duly registered Hawaiian vessels, and goods, wares and merchandise exported to a foreign coun- try, and brought back in the same condition as when exported, upon which no drawback has been allowed : provided, also, that the Minister of Finance may allow the following articles to be imported free of duty on application for that purpose: Trees, shrubs, bulbs, roots, plants and seeds when not intended for sale as merchandise ; gold and silver coins ; philosophical, chemical, and other apparatus for the use of schools and col- leges ; curiosities, paintings and statuary not for sale ; speci- mens of botany, mineralogy, geology and other natural sciences, for the use of schools and colleges ; all books, maps and charts procured abroad under the direction of the Board of Education, for the use of schools; models of inventions, if not fitted for use; machinery of all kinds, if intended for specific use ; steam en- gines, sugar, coffee and rice mills, plows, hoes and other im- plements of husbandry, imported by, or for any agriculturist, or body of agricultnrists, for his or their especial use ; bees, birds and fowls, horses, mares, asses, bulls, cows, calves, sheep, swine, and other animals intended for improving the breeds of of such animals : and provided, further, that the Minister of Finance may, in his discretion, allow alcohol to be withdrawn from the custom house, for medicinal, mechanical or scientific purposes, on the payment of a duty of fifty per cent. ad va- lorem—the party or parties applying for and withdrawing the same, giving satisfactory security that it shall be used only for such purposes. Sec. 518. The duties upon all goods, wares and merchandise, imported into this kingdom, shall be paid in cash : provided that any collector, with the concurrence of the Minister of Finance, shall have power to grant a reason- able credit for the payment of such duties, not exceeding nine- ty days, upon receiving a good and sufficient bond with one or more sureties, to be approve' by said minister, in a penal sum not less than twice the amount of said duties, conditioned for the payment of such duties, with interest, at the rate of twelve per cent, per annum, within the time ſor which credit may have been given, as aforesaid ; said bond may be in the following form : KNow ALL MEN By These PRESENTs, that we -—, principal, and —, surety, residing at —, in the Island of —, Ha- waiian Islands, are held and firmly bound unto —, Collector of Customs at the port of —, and to his successors and as- signs, for the use of the Royal exchequer, in the penal sum of dollars. For the punctual payment of which we jointly and severally bind ourselves, our heirs, executors and adminis- trators. Sealed with our seals, and dated this — day of , 18–. The condition of this obligation is that whereas the above bounden —, principal, (has imported into the Island of —. per —, of which — is master, an invoice of goods valued at — dollars, which have been duly entered at the port of ..) upon which imported goods there is due the lawful impost of — dollars for duties. Now if the above bounden —, principal, shall punctually pay the said duties at the Cus- tom House in —-, on or before the expiration of — days, from this date, with interest, at twelve per cent. per annum, and shall not make default, then this obligation to be void : otherwise to remain in full force and virtue against us. Given at —, under our hands and seals the day and year above written. L. S. L. S. Provided, however, that nothing contained in this section shall be construed to prevent goods, wares and merchandise of every description from being bonded under the direction and control of the collectors of customs, under such rules and regula- tions as may, from time to time, be prescribed by the Minister of Finance. Sec. 519. Duties on goods, shall be paid, or secured to be paid, before a permit shall be granted for land- ing or transhipping them. Sec. 520. Every bond entered into for the pay- ment of duties, by a member of a firm, in the name of such firm, shall bind the other member or members of such firm equally with the party who shall have executed such bond. Sec. 521. No clerk, or hired person in the employ- ment of another, shall become surety to any bond to to which his employer is a party. Sec. 522. When any bond for the payment of duties shall not be satisfied on the day it may become due, the collector shall forthwith cause a prosecution to be commenc- ed for the recovery of the money due thereon ; which prosecu- tion may be heard and determined by the Supreme Court, or any circuit court ; or by any justice of the Supreme Court, at chambers, subject to an appeal to the full court in banco. Sec. 523. In the case of unclaimed goods, the col- lector shall procure an inventory and appraisemeet thereof to be made, and verified on oath, or affirmation, by two or more respectable persons, and shall afterwards cause such goods to be advertised and sold at public auction, and after re- taining the duties, storage and other charges and expenses, in- cluding interest on the duties from date of entry, shall pay the overplus, if any there be, into the Hawaiian treasury, there to re- main for the use of the owner, who shall, upon due proof of his property, be entitled to receive the same. The collector shall transmit to the Minister of Finance, with the said overplus, a copy of the inventory, appraisement, and account of sales, specifying the marks, numbers and description of the packages sold, their contents, the name of the vessel, and master, in which, and of the place whence, they were imported, and the time when, and the name of the person or persons to whom said goods were consigned in the manifest. The receipt or certificate of the collector shall exonerate the master or person having charge, or command of any vessel, in which said goods were imported, from all claims of the owner thereof. When such unclaimed goods are of a perishable nature, they shall be sold forthwith. Sec. 524. All moneys paid for unascertained duties, or for duties paid under protest against the rate, or amount of duties charged, shall be kept and disposed of as other moneys paid for duties, and shall not be held by the collector to await the ascertainment of duties; or the result of any litigation in relation to the rate or amount of duty legally chargeable and collectable in any case where money is so paid ; but whenever it shall be shown to the satisfaction of the Minister of Finance, that in such case, more money has been paid to the collector than the law requires, he shall refund the same out of any moneys in the treasury, not otherwise appropriated. Sec. 525. In relation to the collection of duties, and in all other matters relative to the execution of the revenue laws, the collectors, and other officers of the cus- toms, shall obey the written instructions of the Minister of Fi- nance : and in case any difficulty shall arise as to the true construction, or meaning of any part of such revenue laws, the written decision of the Minister of Finance shall be conclusive and binding upon such collectors, and other officers of the cus- toms. ART. XVI.-Of Ports of Entry and Collection Districts. Sec. 526. No goods of foreign growth or produc- tion shall be landed, or unladen from a foreign ves- sel or Hawaiian vessel from a foreign port at any other port in the IIawaiian Islands, than a port of entry for foreign vessels, as created by law, under a penalty of seizure and forfeiture of the vessel, in which such goods shall be brought, and of the goods imported therein, and so landed or unladen. Sec. 527.There shall be, and are hereby created, the following ports of entry and departure of foreign vessels : - Honolulu, in the Island of Oahu ; Lahaina, in the Island of Maui; Hilo, Kealakeakua, and Kawaihae, in the Island of Hawaii ; Koloa, in the Island of Kauai. But in passing from port to port, or in any other manner, no foreign vessel shall engage in the coasting trade of this kingdom. Sec. 528. In addition to the ports named in the last preceding section, foreign vessels engaged in the whale fighery shall have access to the port of Hanaici, on the I4. THE CIVIL CODE. - COL - ſsland of Kauai, for the purpose of recruiting and refreshment. Sec. 529. It shall be lawful for any foreign mer- chant vessel having entered either of the ports open to foreign commerce, and paid all legal charges against her, with the written permit of the Collector-General of Customs, to proceed to any other place in the kingdom, not being a port of entry and departure, for the purpose of debarking cargo, the duties upon which have been paid, or of embarking cargo, or of obtaining refreshments. ports of the kingdom than Honolulu, may grant such permits for their respective collection districts. Sec. 530. The Hawaiian Islands shall be divided into the following collection districts : The Island of IIawaii into three, to be called the districts of Hilo, Kawaihae, and Kealakeakua. The collection district of IIilo shall comprise all those portions of Hawaii known as Kau, Puna, and Hilo. The collection district of Kawaihae, all those known as Hamakua, and Kohala ; and the collection district of Kealakeakua, all that known as Kona. The Islands of Maui, Molokai, Lanai, and Kahoolawe, shall be known as the collection district of Lahaina. The Island of Oahu shall be known as the collection district of Honolulu. The Islands of Kauai and Niihau shall be known as the col- lection district of Koloa. ARt. XVII.-Of the Appointment of Collectors, their General Duties and Compensation. Sec. 531. The King in Privy Council, upon the nomination of the Minister of Finance, shall appoint a suitable person to be Collector-General of Customs, for all the ports of entry and departure in this kingdom, who shall be ea: officio collector of the port of Honolulu, and hold office during the pleasure of His Majesty. Sec. 532. Before entering upon the duties of his office, said Collector-General of Customs shall take and subscribe an oath, before the Minister of Finance, diligent- ly and faithfully to execute the duties of his office ; and shall enter into a bond to the Minister of Finance, and his successors in office, in the penal sum of at least ten thousand dollars, with one or more sureties to be approved by said minister, condi- tioned that he will faithfully and honestly discharge his duties as Collector-General of Customs, and punctually pay over to the Minister of Finance, as often as required, all moneys collect. ed by him, or any of his deputies, and make quarterly returns of his receipts and transactions, as required by law. - Sec. 533. Said Collector-General shall make quar- terly returns to the Minister of Finance, commen- cing on the first day of January in each year, of all moneys re- ceived at the several custom houses of the kingdom, from duties, storage, or any other source, settle his account with said Min- ister and pay over the balance. He shall also make an annual report of the transactions and business of his department, and a statistical exhibit of the kinds, quantities, and values, of the several imports and exports of the kingdom ; and also of the national characters and tonnage of all vessels which enter the several ports of the kingdom from foreign countries, and of the foreign countries from which such vessels shall arrive ; and also of all vessels which depart from the kingdom for foreign countries, and of the places for which such vessels depart; and of such other facts and matters as the Minister of Finance may from time to time require. - Sec. 534. The Collector-General shall, with the ap- proval of the Minister of Finance, appoint a collect- or for each of the several ports of the kingdom, who shall be ac- countable to him for the faithful discharge of his duties, and who shall hold office during the pleasure of the Collector- General. Sec. 535. Every such collector, before entering upon the duties of his office, shall take and subscribe before the Collector-General, or some magistrate within his dis- trict, an oath that he will diligently and faithfully execute the duties of said office of collector, and that he will use his best endeavors to prevent and detect frauds against, and violations of the revenue laws of this kingdom ; he shall also enter into a bond to the Collcctor-General, with such sureties, in such pen- alty, and on such conditions as the Collector-General may require. Sec. 586. Every such collector shall make quar- terly returns to the Collector-General of the receipts of his office, and settle his account ; and as often as required pay over all moneys in his hands, from whatever source re- ceived. He shall also make such statistical exhibits as the Collector-General may from time to time require. Sec. 537. The collectors shall attend in person at the ports for which they are respectively appointed, and shall keep fair and true records of all their transactions, as officers of the customs, in such form and manner as may, from time to time, be directed by the Minister of Finance ; and shall at all times, submit their books, papers and accounts to the in- spection of such persons as may be appointed by said Minister for that purpose. Sec. 538. Every collector, in case of sickness, or leave of absence obtained from the Minister of Fi- nance, and not otherwise, may perform his several functions by deputy, duly constituted under his hand and seal ; and for whom, in the execution of his trusts, he shall be answerable. Sec. 589. It shall be the duty of each collector, at the port for which he is appointed, to receive all re- ports, manifests, and documents to be made or exhibited, on the entry of any ship or vessel ; to record all manifests, to re- ceive the entries of all vessels and of the goods imported in them, to ascertain the amount upon the respective entries ; to receive all moneys paid fºr duties, and to take bonds for secur- ing the payment thereof; to grant all permits for the unlading and delivering of goods ; to grant passports ; and, with the approbation of the Minister of Finance, to appoint guards and store-keepers within his district, when necessary 5 to adminis- ter and certify all oaths and affirmations necessary for the per- formance of his duty ; which oaths and affirmations may be produced as evidence in any court of justice of the kingdom ; and to do such other things as the law, or regulatious made in **umnce thereof, may from time to time place in his charge. The collectors of cuatoms at all other Sec. 540. In addition to the duties hereinbefore specified, the Collector-General is charged with the special duty of registering and licensing Hawaiian vessels. | Sec 541. The Collector-General of Customs, with the approval of the Minister of Finance, may appoint a deputy collector, for the port of Honolulu, to assist him in the discharge of his duties, which deputy shall receive such amount of compensation as the King in Privy Council may determine. | Sec. 542. The Collector-General of Customs shall | receive an annual salary of three thousand dollars, to be paid quarterly. Sec. 543. The Collector of Customs at Lahaina shall receive an annual salary of fifteen hundred dollars, to be paid quarterly. Sec. 544. The Collectors of Customs at the several ports of Hilo, Kealakeakua, Kawaihae, and Koloa, shall receive such reasonable compensation as the Collector- General of Customs, with the approbation of the Minister of Finance, may determine. ART. XVIII.-Of the Arrival and Entry of Vessels. Sec. 545. The commanding officer of every merchant vessel, arriving from a foreign port, or from a domestic port, with foreign merchandise on board, at any port of entry, shall, within forty-eight hours after arrival, make known to the collector the business upon which such vessel has come to this port, furnish him with a list of passengers, and deliver him a true and perfect manifest of the cargo with which she is laden, con- taining an account of the packages, with their specific contents, marks and numbers, and the names of the shippers and im- porter or consignees, in the following form, under penalty of not exceeding one thousand dollars : INWARD MANIFEST. Report and manifest of cargo laden at the port of —, on board of the –, whereof, is master, bound for —. Packages (specify- To whom Marks. Numbers. ing §§ *. * consign- or articles in bulk. | *PP* ed. | | | Port of —, Hawaiian Islands. I, -, master of the –, do solemnly swear that the above manifest of cargo laden on board of the said —, now delivered by me to the Collector of the port of —--, contains, according to the best of my knowledge and belief, a full, just and true ac- count of all goods now actually laden on board of said vessel : So help me God. Subscribed and sworn to, this —day of—18—: Before me, —,Collector. Sec. 546. Every master of a merchant vessel, at the time of delivering the inward manifest of his cargo, or if he has no cargo, within forty-eight hours after his arrival, shall deliver to the collector, under oath, a list of all stores on board of his vessel, under penalty of forfeiting all stores not mentioned in such list, and a fine of one hundred dollars. - - Sec. 547. All goods imported in any vessel, and which are not included in her inward manifest, shall be liable to seizure and confiscation ; and the vessel and master shall be liable to a fine not exceeding one thousand dollars. Sec. 548. When all the goods included in the in- ward manifest, are not produced or accounted for to the collector, the vessel and master shall be liable for the ap- praised value of such deficiency, and the duties thereon, to- gether with a fine not exceeding one thousand dollars. Sec. 549. Any collector may permit errors in mani- fests or entries to be corrected, in cases where it shall appear to his satisfaction, that there has been neither wrong intention nor gross negligence : provided, the applica- tion to make such correction, be made within forty-eight hours after the date of the manifest, or entry, or previous to com- pleting the unlading of the vessel. Sec. 550. The owner or consignee of goods, before obtaining a permit to discharge or land the same, shall furnish, under his oath, to the collector, a full statement of what is designed to be landed and sold, or consumed, with the invoice price, and the costs and charges, as follows : INWARD ENTRY. 2ntry of merchandise imported by —, in the –, of which — is master, from —, at the Custom House in —, Island of —, Hawaiian Islands, this — day of —, 18–. - |Packages nnd Contents Quantities to be specified | Walue as per in- Numbers. | voice. | Port of —, Hawaiian Islands I, -, do solemnly swear that the entry now subscribed with my name, and delivered by me to the Collector of — contains a true account of all goods, wares and merchandise imported for sale, for me, or on my account, or on account of any person, or of any house of trade, or partnership, in which I am corcern- ed, at this port or its dependencies (saving such goods and mer- chandise as are described in the other entry or entries hereunto annexed) in the , whereof— is master, from ; that the said entry contains a just and true account of the cost thereof, including all charges, as per original invoice. and sworn to this —day of —, 18–. * Before me, - —, Collector of Customs. Sec. 551. Upon such entry being made, and the duties paid to the collector or secured to be paid by bond, as hereinbefore prescribed, the collector shall grant to the consignee, or owner of said cargo, or of any part thereof intend- ed to be landed, a permit to discharge in the following form : Marks. No. —. Custom House, -, H. I. PERMIT TO DISCHARGE. Marks. Numbers. Packages. | - i. I - Permission is hereby given to land the above merchandise. from on board the –, whereof—— is master, to order of —. Dated— day of —, 18–. —, Collector of Customs. Sec. 552. The collector shall provide an officer, whose compensation shall be such as may be fixed by the Minister of Finance, on the recommendation of the Col- lector-General of Customs, to be present on board the vessel during her discharge, to superintend the landing of the goods, and see that no other or greater amount of goods are landed than is set forth on the permit. Sec. 553. Whenever any inward entry shall be made at the Custom House, the person making snch entry shall exhibit to the eollector the original invoices, and bills of lading, and verify thc same by oath. If goods of which entry shall be made, be not invoiced ac- cording to their actual cost at the place of export, with design to evade the whole or any part of the duties thereon, such goods, or the value thereof, to be recovered from the person making the entry, shall be forfeited. Sec. 554. The collectors of the several ports shall be ea officio inspectors, appraisers, and examiners, at their respective ports, in all cases requiring the inspection, appraisement, or examination of goods, wares, and merchan- dise, or other property, entering or coming in any way into such port, without invoice, or when in his opinion under-valued upon the entry, or in any other case when in his judgement the same may be necessary. Sec. 555. Every collector shall have the power to order one or more packages, out of every invoice of goods imported into this kingdom, to be designated by him, to be sent to the Custom House for inspection, or examination ; and any master, owner, itſuporter, or consignee, who shall refuse to obey any such order of any collector shall be liable to a fine not exceeding one thousand dollars. Sec. 556. No person shall enter any goods, and secure the duties on them as principal in the bond, unless he is the owner or consignee at the time the vessel enters the port, or unless he is the authorized agent of such owner or consignee. Sec. 557. Whenever any vessel shall arrive at any port of entry in this kingdom, having on board any wines, spirits, or any gunpowder, arms, or other munitions of war, or shall be taking on board any such goods for exportation, the collector of such port may immediately place on board of such vessel, one or more officers, whose duty it shall be to see that the revenue laws, and regulations of the port, are duly observed ; said officer or officers shall remain on board such vessel until the goods are landed, or until the departure of said vessel. Such officers shall be compensated as provided in section 552. Sec. 558. No goods, or articles of any description, shall be landed at any of the ports of this kingdom, on any Sunday, or national holiday ; nor on other days except between sunrise and sunset, under penalty of seizure and con- fiscation. - - Sec. 559. In case of the transhipment of goods not landed in the kingdom, the consignee or owner shall, before being entitled to a permit to tranship the same, furnish to the Collector of Customs, a full statement of the goods in- tended to be transhipped, with their invoice price, as follows: TRANSIT ENTRY. Entry of merchandise intended to be transhipped from —, whereof —, is master, on board of —, whereof — is master. - Packages & Quan- tities to be Specified. l | : Port of —, Hawaiian islands. I, -, do solemnly swear that the above entry contains a true account of all goods or articles, with the invoice, or esti- mate value thereof, intended to be transhipped by me, on board of —, whereof— is master, and that they are truly intended to be exported by me in the said vessel to the port of —, and are not intended to be landed in these Islands. Subscribed and sworn to this — day of —, 18–. Marks. Numbers. Walue as per Invoice. Before me, —, Collector of Customs. Sec. 560. The collector, after such transit entry has been duly made, may grant a permit to tran- ship, in the following form : PERMIT TO TRANSHIP. Packages. Marks. Numbers. Permission is hereby given for the above merchandise to be transhipped, from on board the –, whereof— is master, to the order of , Collector. - , 18–. Sec. 561. An entry, for statistical purposes, shall be made of all goods or other property imported into this kingdom, which by law are admissible duty free, by the consignee or importer thereof; and the Collector of Customs shall provide suitable blanks for that purpose. Sec. 562. There shall be a transit duty of one per cent ad valorem, charged upon all foreign goods or THE CIVIL CODE. 15 products transhipped in this kingdom, where the value exceeds one thousand dollars, and two per cent. upon all smaller amounts : provided, however, that no transit duty shall be charged upon the products of the whale fishery. Sec. 563. All goods other than liquors, imported into this kingdom, shall upon the exportation, if the invoice cost thereof shall amount to at least two hundred and fifty dollars, be entitled to a drawback equal to all the duties payable on such goods, except two per cent. ad valorem ; and all liquors exported shall be entitled to a drawback equal to three-fourths of all the duties payable thereon : provided, that no goods or liquors shall be entitled to drawback unless the same are exported in the original packages, and shall have been stored, and remained in the public stores, under the charge of the Collector of Customs. - - Sec. 564. If any goods entered for exportation, with intent to drawback the duties thereon, shall be landed without re-entry and payment of all charges, at any port or place within this kingdom, such goods shall be subject to seizure and forfeiture, together with the vessel from which they shall be landed ; and any person concerned therein shall, on conviction thereof, be imprisoned at hard labor not exceeding six months, or fined not exceeding one thousand dollars. OF PASSENGERS’ BAGGAGE. Sec. 565. If the master of any vessel, arriving at any port of entry of this kingdom, from a foreign port, shall suffer the baggage of any passenger on board of his vessel to be removed on shore from such vessel, unless a permit therefor has been obtained from the collector of the port, or his agent, such master shall be liable to a fine not exceeding fifty dollars, in the discretion of the Collector of Customs. Sec. 566. If any passenger arriving at a port of entry of this kingdom, on board of a vessel coming from a foreign port, shall remove his baggage on shore from such vessel, without first obtaining a permit therefor from the collector of the port, or his agent, such passenger shall be liable to a fine not exceeding fifty dollars, in the discretion of the court. . OF WHALE SHIPS. Sec. 567. Every master of a whaling vessel shall enter his ship at the Custom House, within forty- eight hours after his arrival at any port of entry, and previous to discharging or shipping any seamen, or taking off any sup- plies or stores; under a penalty of not less than ten, or more than one hundred dollars, to be imposed by the Collector of Customs. Sec. 568. Every master of a whaling vessel shall, within forty-eight hours after his arrival, deliver under oath, at the Custom House, a list of all wines and spirits on board as stores, and a manifest of all cargo and freight, ex- cept the produce of his fishing, and the outfits, provisions, and furniture of his vessel, under the penalty of forfeiting all such stores, cargo or freight, as are not on the list of stores or the manifest, and a fine of one hundred dollars. Sec. 569. Every master of a whaling vessel who shall have duly entered his vessel at the Custom House, delivered all the necessary papers, and paid the legal charges due upon such entry, shall be entitled to a permit from the collector to trade, or barter goods, excepting spirituous liquors, for refreshments and supplies, to the amount of twelve hundred dollars, original invoice value, two hundred dollars of which shall be free of duties. Said permit shall be as follows : WHALER’s PERMIT TO LAND MERCHANDISE. CUSTOM House, –, H. I. - Walue as per Packages and Contents. invoice. Quantities to be specified. | | | Permission is hereby given to —, master of the –, whaler, to land from said vessel, goods, excepting spirituous liquors, as above named, the same being entered according to their marks, numbers and actual cost, delivered on board as per original in- ice. wº B.—Oil and bone valued as follows: Sperm oil, -; whale oil, -; bone, –. All articles to be landed on this permit must be entered upon it with ink, and the value carried out before leaving the vessel. Marks. | Numbers. | —, Collector. To which shall be added the following deposition: - Port of —-, H. I. I, --, master of the –, do depose on oath that I have not exceeded the value of — doliars, in trade or barter with the inhabitants of this port, or its jurisdiction, since my entry on the — day of —, 18—, and I have not landed; or allowed to be landed from my said vessel, any goods other than what are in- cluded in this permit. Subscribed and sworn to before me this — day of —, 18–. —, Collector. Sec. 570. The privilege to trade or barter granted to whaling vessels in the last preceding section, may be used at one or more ports of the kingdom, but shall not be construed so as to permit any such vessel to trade or barter goods to a greater amount, in all, than that prescribed in the iast preceding section, during one visit to the kingdom. Sec. 571. The permits to trade or barter, given to whaling vessels, do not include the trade, sale, land- ing, or disposal of spirituous liquors; and all such traffic on the part of such vessels, shall subject them, to all the charges of merchant vessels, and to all other legal liabilities. Sec. 572. The same duties shall be exacted of whaling vessels, as are exacted of merchant vessels, for any goods landed or disposed of by them, exceeding the value of two hundred dollars; and in case such excess amounts to more than one thousand dollars, they shall be deemed in law to have become merchantmen, and be subjected to all the charges of merchant vessels. - - Sec. 573. Every master of a whaling vessel who shall fail to produce his permit, when called for by any officer of customs, shall be liable to a fine of not less than ten, nor more than fifty dollars, to be imposed by the collector. ART. XIX.-Of the Departure of Vessels. Sec. 574. Any vessel, the owner, consignee, or commander of which shall have fully complied with the laws and regulations affecting foreign trade, and with all the laws regulating the shipment and discharge of Hawaiian seamen, shall be entitled to depart upon receiving from the col- | lector of the port a clearance in the following form : HAWAIIAN ISLANDS—CERTIEICATE OF CLEARANCE. Port of —, Hawaiian Islands. — day of — 18–. This is to certify that the –, of which — is master, bound for —, is at liberty to proceed on her voyage. —, Collector. It shall also be incumbent on said collector to furnish the com- manding officer, a bill of the charges, more particularly herein- after prescribed. Sec. 575. In case any vessel does not sail within forty-eight hours after receiving a clearance, it shall be the duty of the master to report the same to the collector of the port, under a penalty of not exceeding twenty-five dollars, to be imposed by said collector. Sec. 576. No vessel shall be entitled to a clearance, unless all proper charges at the Harbor-Master’s office shall have been settled; and the collector may require the master or agent of the vessel to produce the Harbor-Master's receipt or certificate, to prove that he has settled all such charges. - Sec. 577. Any person wishing to export any foreign goods, shall enter the same at the custom-house of the port where they may be stored, in the following form : OUTWARD ENTRY. Entry of merchandise intended to be exported by —, on board the –, whereof is master for —, which were im- ported on the –, by ——, in the –, - master, from —, for the benefit of drawback. - Packages and Contents. Quanities to be specified. Walue as per I M. S. T - - - Mark | Numbers | 1n Volce. | Port of —, H. I. I, --, do solemnly swear that the articles specified in the above entry were imported in the --- . of which — was mas- ter, from ; that they were duly entered at this port; that they have been stored under the direction of the Collector of Customs, since the – day of —, 18–; and that they are not intended to be re-landed in this kingdom. Subscribed and sworn to this — day of —; 18–. - Before me, —, Collector of Customs. Sec. 578. Due entry having been made of the goods intended for exportation, the collector shall grant a permit for lading the same, on board the vessel named in such entry, such lading to be made under the superintendence of the collector, or such other person as he may appoint for that pur- pose. Sec. 579. To entitle any vessel to a clearance, it shall be incumbent on her commanding officer, first to furnish the collector of the port with a manifest of the cargo laden on board of such vessel, which manifest shall be given under oath, contain a full statement of all the goods on board, expressing contents, quantities and value, and distinguishing between domestic, foreign and transhipped goods, and shall also contain a list of her stores taken from bond, and passengers. Sec. 580. No vessel having cargo on board intended for a foreign country, shall touch at any place in this kingdom, other than a port of entry, except as provided in sec- tion 529; and any vessel violating the provisions of this section, shall be subject to a penalty not exceeding five hundred dollars, in the discretion of the court. Sec. 581. If any vessel shall sail from any port in this kingdom without first obtaining a clearance, the commanding officer thereof shall be subject to a fine not exceed- ing one thousand dollars, in the discretion of the court; for the payment of which fine, the vessel shall be liable to seizure, con- demnation and sale. ART. XX.-Of Harbor-Masters; Their General Duties and Compensation. Sec. 582, The Minister of Finance, upon the nom- ination of the Collector-General of Customs, shall ap- point a harbor-master for such of the ports of entry for merchant vessels, as the said Minister and Collector-General may deem necessary, who shall hold office during the pleasure of the said Minister, and who, before entering upon the duties of his office, shall give a bond to the Collector-General of Customs, in the penal sum of at least one thousand dollars, with suretiés to be approved by the said Collector-General, conditioned that he will faithfully and honestly discharge the duties of harbor-master, and account for and pay over to the Collector-General, ali moneys received by him as required by law. Sec. 583. It shall be the duty of the Harbor-Master of Honolulu, and Hilo, to board all vessels arriving from foreign ports, as soon as possible after they shall have en- tered the harbor; to direct them where and how to moor or make fast; to change their anchorage or moorings from time to time as circumstances may require; to see that the commanding officer has the printed port regulations, and to receive a list of passen- gers, to be delivered at the collector's office. He shall also be wharfinger at the port for which he is appointed. Sec. 584. The Harbor-Master of Honolulu, and of Hilo, shall also have authority over the anchoring, mooring and making fast, of all hulks, coasters, boats, and other craft in the harbor; and he is charged in general with the en- forcement of all harbor regulations. Sec. 585. The Harbor-Master of Honolulu shall not act as a pilot of the port. Sec. 586. The Harbor-Master, at the respective ports, is charged with the granting of permits for the discharge and residence on shore of foreign seamen, as prescribed by law; and it shall be his duty to notify the chief of police of the port, on the expiration of every such permit. Sec. 587. The Harbor-Master of Honolulu, and also of Hilo, shall be entitled to collect and receive from every vessel, except vessels engaged in the coasting trade, boarded by him, or to which he renders assistance or service, the sum of three dollars, in addition to his disbursements for the use of boats and warps, and for labor in mooring or making fast such vessels; and if necessarily detained on board more than two hours at any one time, he shall be paid at the rate of one dollar per hour for such extra detention; and for each time that he may be called upon to board, or that it may be necessary for him to board any such vessel, after having once moored her pro- perly, he shall be entitled to receive the same pay as in the first instance. Sec. 588. The compensation of the harbor-masters of other ports, shall be such reasonable sum as may be determined by the Minister of Finance and the Collector- General of Customs: provided, that it shall be at their option to refuse any compensation, in cases where they shall deem it unnecessary. Sec. 589. The Harbor-Masters shall receive for their services as wharfingers, such a reasonable per centage of the receipts from wharfage as may be determined by the Minister of the Interior, not to exceed ten per cent. Sec. 590. It shall be the duty of the several harbor- masters to make a quarterly report of the transactions of their offices, together with the amount of compensation re- ceived by them, to the Minister of Finance. ART, XXI.-Of Pilots and Boarding Officers— Their Duties and Compensation. Sec. 591. The Minister of Finance, upon the nomin- ation of the Collector-General of Customs, shall appoint one or more pilots, for each of the ports of Honolulu, Hilo, and Hanalei, to hold office during the pleasure of said Minister. Said pilots, in case of sickness, or temporary absence, may, with the approval of the collector of the port, appoint deputies to act in their behalf, for whose conduct they shall be responsible. Sec. 592. Each of the pilots for Honolulu shall give a bond to the Collector-General of Customs, with sureties to be approved by said Collector-General, in the penal sum of five thousand dollars; and the pilots for other ports shall give a like bond, in the penal sum of one thousand dollars; which bond shall be conditioned that the pilot shall faithfully perform all the duties imposed upon him by law; that he will not countenance any evasion or infraction of the revenue laws; and that he will continually hold himself in readiness to conduct vessels safely into, and out of, the port for which he is appointed. Sec. 593. In case of a breach of the condition of any such bond, the Collector-General of Customs, or any person injured thereby, may institute a suit upon such bond before any judge of a court of record, and thereupon recover such damages as shall be assessed, with costs of suit; for which execution may issue in favor of such person; and in case the party prosecuting 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 guit. Every suit on any such bond shall be commenced within one year after the right of action shall have accrued, and not after- Wards. Sec. 594. Upon the arrival of any vessel, making the usual marine signal for a pilot, it shall be the duty of the pilot or pilots at the port, to immediately put off to such vessel, taking with him a white and a yellow flag, to en- quire into the sanitary condition of the ship, and the health of those on board; and upon being assured to his satisfaction that there is no danger to be apprehended from any contagious dis- ease, he shall board such vessel, but not otherwise. Sec. 595. Upon boarding the vessel, the pilot shall present the commanding officer with a health certifi- cate to be signed by him, and in case the same shall be signed, the white flag shall be immediately hoisted at the main, and the pilot shall be at liberty to bring the vessel into port; but in case the commanding officer shall decline to sign the certificate of health, the pilot shall deliver him a yellow flag, which the mas- ter shall hoist at the main, and the vessel shall be placed in quarantine outside of the harbor, and anchored where the pilot may direct. Any pilot who shall conduct a vessel into any port in this kingdom, in violation of the provisions of this section, or any of the regulations of the Board of Health, or knowing that there is just ground to suspect the existence of contagion on board, shall be liable to a fine not exceeding five hundred dol- lars; and every vessel, the master of which shall have declined to sign a certificate of health, as above prescribed, shall, upon entering port, be liable to seizure, confiscation and sale. Sec. 596. If the pilot, after boarding any vessel, shall discover the existence of a contagious disease, he shall not return on shore; neither shall it be lawful for any of the ship's company or passengers to land, or communicate with the shore, or board any other vessel, without permission of the Board of Health, or the collector, under a penalty of a ſine not exceeding five hundred dollars. Sec. 597. The pilots of Honolulu shall bring the vessel which they may take charge of fully within the harbor, (within the inner buoy unless otherwise directed by the Harbor-Master) and anchor her in a suitable and conveni- ent place, under penalty of forfeiting their commissions. Sec. 598. No pilot shall take out any vessel that may be under attachment or arrest, by virtue of any process, nor before she has obtained her clearance, under penalty of forfeiting his commission, and paying a fine not exceeding one thousand dollars. 16 THE CIVIL CODE. Sec. 599. The compensation of the pilots shall be as follows: One dollar per foot upon the vessel's draft, coming into port, and the same going out of port; for anchoring any vessel off the port of Honolulu, provided the pilot be not detained on board longer than twenty-four hours, ten dollars; and if detained longer than twenty-four hours, five dollars per day for such detention. Sec. 600. If any foreign vessel, or Hawaiian vessel, engaged in foreign trade, shall enter or depart from any of the ports for which pilots may be appointed, without a pilot, such vessel shall be liable to one-half pilotage. Sec. 601. The pilot’s fees and the health fees shall form a part of the port charges, which shall be paid by every vessel to the collector of the port, and no collector shall grant a clearance to said vessel until such fees are paid. Sec. 602. There shall be appointed in like manner as the pilots, at each of the ports of Lahaina, Keala- keakua, Kawaihae and Koloa, an officer to be called a boarding officer, whose duty it shall be to board every foreign vessel, and every Hawaiian vessel coming from a foreign port, as soon as possible after its arrival; obtain the health certificate; deliver the printed port regulations to the commanding officer; receive the list of passengers to be delivered at the collector's office; and at all times hold himself in readiness to act as pilot when re- quired. It shall also be his duty to report to the proper au- thorities, all violations, or suspected violations, of the revenue or harbor laws. - Sec. 608. Previous to entering upon his duties, every boarding officer shall give to the Collector- General a bond in the penalty of five hundred dollars, with sat isfactory surety, conditioned that he will faithfully and honestly perform all the duties imposed upon him by law; that he will not countenance any evasion or infraction of the revenue laws; and that he will give notice to the proper authorities of all violations, or suspected violations, of the revenue or harbor laws, that may come to his knowledge. Sec. 604. Every boarding officer shall be entitled to receive from each vessel boarded by him, the sum of five dollars, (which shall include pilotage when required) which shall be paid to the collector of the port, before the vessel shall be entitled to receive a clearance. ART. XXII.-Port Regulations. Sec. 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 burthen, and vessels about to leave the harbor, shall quit her an- chorage 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. Sec. 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. Sec. 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 exceed- ing one hundred dollars. Sec. 608. All vessels entering port shall, if so re- quested 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 in 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 re- moving from any wharf or dock, under the penalty of a fine not exceeding one hundred dollars. Sec. 609. All vessels anchoring outside the reef at Honolulu, shall, when so requested by the Harbor- Mastor 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. Sec. 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. Sec. 611. No stones or other rubbish, shall be thrown from any vessel into the barbor of Honolulu, or Hilo, under penalty of a fine not exceeding one hundred dollars, and the master of any vessel from which stones or rub- bish are thrown, shall be subject to a like fine. Sec. 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. Sec. 613. Every vessel taking on board, or dis- charging any ballast, or coals, within the harbor of Honolulu, shall have a tarpaulin properly stretched and spread so as to prevent any from falling into the water, under penalty of a fine not exceeding one hundred dollars. See. 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 surrendar 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. Sec. 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. Sec. 616. It shall be lawful for the Marshal, and any Sheriff, or other police officer, to search any vessel for deserters, criminals, or other offenders or debtors, without a v arrºt, 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 dollors, 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. Sec. 617. Nothing contained within the last three preceding sections, shall be so construed as to apply to ships of war, or other vessels commanded by officers bearing the commissions of foreign states, and not subject to search by the law and usuage of nations. Sec. 618. No foreign consul, vice-consul, or con- sular agent, shall deliver to the master of any for- eign vessel, the register, and other papers of such vessels de- posited with him, until sueh 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. Sec. 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 a 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. Sec. 620. The Governor of Maui shall, at sunset of each day, cause a drum to be beaten at the port of Lahaina, as a signal to all mariners on shore, to return on board their vessels ; and he shall also cause the drum to be again beaten, one hour after sunset, and all mariners found on shore after that time, without the written permission of the chief of police, shall be liable to arrest, and a fine of two dollars. ART, XXIII.-Of the Arrest and detention of De- serters and JMutineers. Sec. 621. If any seaman desert from a vessel, the commanding officer shall, under the penalty of a fine notexceeding one hundred dollars, within forty-eight hours there- after, 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. Sec. 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 dis- tance 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 arrest- ing such deserter, and bringing him to the port. Sec. 623. Every seaman who shall desert from the vessel on which he has shipped, bound for a for- eign 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. Sec. 624. In case the commanding officer of any vessel shall decline to receive any deserter ftom 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 deserter shall so remain im- prisoned ; and in all cases where a vessel shall have left the port, previous to the arrest, the commanding officer thereof shall, on her return, be liable for the arrest and detention of all deserters from such vessel. Sec. 625. The agents, owners, or masters of ves- sels, on account of whom the deserters have been ap- prehended, shall, upon the requisition of the local authorities, take or send such deserters out of the kingdom, or give security to the satisfactien 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. Sec. 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. Sec. 627. Any person aiding or abetting the deser- tion of any seaman, shall be subject to a fine not ex- ceeding one hundred dollars, in the discretion of the court. Sec. 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, re- questing 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 proceedings, and from the detention of such person or persons, and that he will pay all cost and charges incident thereto. Sec. 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. ART. XXIV.-Of the Registry of Vessels. Sec. 630. No vessel shall be entitled to be register- ed in this kingdom, or to be deemed a Hawaiian ves- sel, and entitled to the privileges appertaining thereto, unless such vessel be wholly owned by a subject or subjects of this kingdom : provided, however, that any vessel fitted out for the prosecution of the whale or seal fishery, may be registered in the name of any part owner of such vessel, actually domiciled in this kingdom, whether a subject or not. Sec. 681. Upon application made to the Collector- General of Customs, pursuant to the terms of the last preceding section, in writing and under oath, setting forth the name and the description of the vessel, whether the same is domestic or foreign built, and if foreign built, how acquired, ac- companied by the evidences of title, said Collector-General shall cause such vessel to be measured, and her tonnage cor- rectly ascertained, according to the mode hereinafter pre- scribed. Sec. 632, Either of several owners of a vessel may make application for her registry, but he shall set forth in his application the share of each owner respectively. Sec. 633. The tonnage of every vessel shall be as- certained as follows : If such vessel be double- decked, take the length thereof from the fore part of the main stem, to the after part of the stern-post, above the upper deck, the breadth thereof, at the broadest part above the main wales, half of which breadth shall be accounted the depth of such ves. sel ; then deduct from the length three-fifths of the breadth, multiply the remainder by the breadth, and the product by the depth, divide this last product by ninety-five, and the quotient thereof shall be deemed the true tonnage of such vessel. If such vessel shall be single-decked, take the length and breadth, as above directed, in respect to a double-decked vessel, deduct from the length three-fifths of the breadth, then, take the depth from the under side of the deck-plank to the ceiling in the hold, multiply and divide as aforesaid, and the quotient shall be deemed the tonnage of such vessel. Sec. 634. Upon application being made for the registry of any foreign built vessel, unless such ves- sel shall have been sold under a judicial decree of some court of this kingdom, the Collector-General shall notify the Minister of Foreign Affairs of such application ; and it shall be the duty of said minister to inquire, officially, of the accredited representa- tive, or consul, if such there be in this kingdom, of the nation to which said vessel belongs, whether any legal impediment ex- ists to her registry 5 and upon receipt of a reply, he shall com municate the same to the Collector-General, for his guidance. Sec. 635. The Collector-General shall, upon ascer taining the tonnage of any vessel intended to be registered, and being satisfied that no legal impediment exists to her registry, proceed to register the same in his office, as a Hawaiian vessel, and shall issue to the applicant therefor a certificate of such registry, in the following form : No. —. KNow ALL MEN BY THESE PRESENTS, that, pursuant to the laws of the Hawaiian Islands, the –, of —tons, whereof—, a -—, is owner (or if several owners, setting forth the name and share of each) and being — rigged, having — masts, (here further describing her) has been duly registered as a Ha- waiian vessel, at the Custom-House in Honolulu, and is there- fore entitled to all the rights and privileges appertaining to Ha- waiian vessels, whether in the ports of this kingdom, or those of other nations, or upon the high seas. In witness whereof, I have hereunto set my hand and official seal, at Honolulu, Hawaiian Islands, this — day of — A. D. - (L. S.) 7 Collector-General of Customs Sec. 636. Upon the registration of any vessel, as provided in the last preceding section, the Collector- General shall exact from the party applying for such registry, a bond with good and sufficient surety, to be approved by said Collector General, in the penal sum of not less than two hun- dred dollars, nor more than two thousand dollrrs, as shall be graduated by the Collector-General, in proportion ot the tonnage of the vessel, conditioned that the certificate of such registry shall be solely used for the vessel for which it is granted, and shall not be sold, lent, or otherwise dis; posed of, to any person whomsoever; and that in case said ves" sel (if the same be not a vessel employed in the whale or seal fishery) shall become either wholly or in part, the property of any alien foreigner or foreigners, or in case she shall be iost, taken by an enemy, burnt or broken up, the said certificate of registry shall be returned to the said Collector-General within six months after such change of ownership, loss, capture, burn- ing or breaking up : provided, however, that in case of capture, burning or loss, the obligers in such bond shall be exonerated from liability thereon, upon satisfactory proof to the Collector- General that such certificate of registry could not be preserved. Sec. 637. Every vessel duly registered as in this article provided, shall be deemed in law a Hawaiian vessel, and shall be: entitled to all the rights and privileges ap- pertaining to domestic vessels. The certificate of registry of such vessel shall be prima facie evidence of the ownership and nationality thereof. - TELE CIVIL CODIE. 17 Sec. 638. Whenever any foreign built vessel shall have been newly registered by the Collector-General of Customs, he shall notify the Minister of Foreign Affairs, and at the same time forward to said minister the foreign register of such vessel, or in default thereof, a statement of such informa- tion as he may possess, in respect to the disposition which has been made of such register. Upon receiving such foreign regis- ter, or information relating thereto, the Minister of Foreign Affairs shall transmit the same to the accredited representa- tive, or consul, if such there be in this kingdom, of the nation to which such vessel formerly belonged, and shall notify such representative, or consul, of the new registration of the Baid vessel. - Sec. 639. The Collector-General shall preserve in his office a duplicate of each certificate of registry granted by him, and in case of the loss, or destruction of any such certificate, he shall furnish, upon the application of the owner of the vessel, to which such certificate belonged, and at his expense, a certified copy of the duplicate original, which copy shall possess the game weight and validity as the original certificate. Sec. 640. It shall be the duty of the Collector- General to . keep a record of all transfers, by sale or otherwise, and all mortgages, or hypothecations, of any Ha- waiian régistered vessel, or any part thereof ; and no such transfer, mortage or hypothecation, shall be valid or effectual unless made by a written instrument, nor until such instrument shall have been deposited with said Collector-General for record. The time of such deposit shall be noted by said Collector-Gener- al, or his deputy, upon the back of every such instrument re- spectively, and the same shall be deemed to have been recorded from that time : provided, however, that the provisions of this section shall not be held to apply to bottomry bonds, and other hypothecations of a like nature, made in a foreign country. Sec. 641. Every transfer of a registered vessel, or any part thereof, when duly made and recorded as prescribed in the last preceding section, shall entitle the trans- feree, being a Hawaiian subject, or otherwise entitled to the right of registry of such vessel, to all the rights and interests of the original registered owner, in respect to such vessel and registry. - Sec. 642. Upon the payment or discharge of any mortage, of hypothecation, upon a registered vessel, or any part thereof, it shall be the duty of the mortgagee or pledgee, or his lawful representative, to execute and deliver to the mortgagor or pledger a release duly acknowledged, which shall be entered of record by the Collector-General ; or to can- cel the same upon the record by written entry of satisfaction thereon, under penalty of a fine not exceeding one hundred dollars, for every such neglect or refusal, and under a further liability to pay all damages occasioned thereby. Sec. 643. In case of the transfer, mortgage, or hypothecation of a registered vessel, or any part thereof, it shall be the duty of the owner or owners of such ves- sel, to produce her certificate of legistry, to the Collector- General, within three days thereafter, or if the vessel be not at the time within the kingdom, then immediately after her re- turn ; and the Collector-General shall note in brief, such trans- fer, mortgage, or hypothecation, upon the back of said certifi- cate. Upon a violation of the provisions of this section, every Buch vessel shall be liable to 8eizure, condemnation and sale. Sec. 644. Whenever any certificate of registry is given up to the Collector-General, upon the transfer of the vessel to which such certificate belonged, he shall, before re-issuing such certificate with his endorsement of transfer thereon, or before granting a new certificate of registry to such vessel, exact of the owner or owners, the bond prescribed by section 636. ART. XXV.-Of Passports. Sec. 645. Every person who may have resided on these islands for more than thirty days wishing to leave the kingdom, shall make application to the collector of the port from which he intends to sail, for a passport.. Sec. 646. It shall be lawful for the Collectors of Customs, and in case of their sickness or absence, for their respective deputies, to grant passports to all applicants for the same, as provided in the last preceding section, upon the payment of one dollar, the price of the stamp, except in the following cases : First. In case of the indebtedness or obligation to pay money, of the applicant, to the Government or to any private individ- ual, of which the collector has received written notice, accom- panied by a request not to grant a passport ; Second. In case the applicant is a party defendant in a suit, civil or criminal, pending before any court in this kingdom, of which the collector shall have received written notice ; Third. In case of a writ of me eaceat regno, or any other process to arrest or stay the departure of the applicant, shall have been issued by any court of the kingdom, of which the collector shall have received notice in writing ; Fourth. In case of a written complaint being made to the collector, that the applicant is about to depart the kingdom, leaving his wife or family unprovided for. Sec. 647. Every Collector of Customs may, after granting a passport, cancel the same, upon being satisfied that it was obtained by any deceit or misrepresenta. tion ; or that the permission to leave the kingdom will work great wrong or injustice to the Government, or to any individual. The collector shall, within twenty-four hours after cancelling any such passport, give written notice of such cancellation to the master or commanding officer of every vessel in post, either by personal service, or by leaving the same on board such ves- Bel, and shall forward a like notice to the Government Gazette for publication. Sec. 648. No passport shall be construed to pre- vent the arrest of any person obtaining the same, upon process issuing out of any court of the kingdom. Sec. 649. Every person who shall depart from any port in the kingdom with the intention of leaving the same, without first obtaining a passport, shall be subject to a fine not exceeding one hundred dollars, in the discretion of the court. - Sec. 650. Every eollector who shall grant a pass- port contrary to the provisions of section 646, and shall refuse to cancel the same in accordance with the provi- sions of section 647, previous to the departure of the person obtaining the same, shall be subject to a fine not exceeding one hundred dollars, in the discretion of the court ; and the party injured thereby may have his remedy against him by a civil action. Sec. 651. Every master or commanding officer of a vessel, who shall convey out of this kingdom, any person not having a passport, shall be subject to a fine of fifty dollars, and be liable for all debts which such person may have left uupaid in this kingdom ; and if he shall fail to pay such fine and debts, such vessel shall be subject to seizure, condem- nation and sale for the payment thereof : provided, always, that none of the provisions of this section, or article, shall be construed as applicable to any seaman legally shipped on board of any vessel. Sec. 652. Nothing in this article contained shall be construed as contrary to section 453, which pro- vides for the granting of passports by the Minister of Foreign Affairs in certain cases. Sec. 653. Any person who has obtained a passport to leave the kingdom, who may leave and return within one year, may leave again under the same passport, there be no written notice fiiled against him ; provided it be vised by the collector of the port, at which any such party may embark. After the lapse of one year a new passport shall be required. Sec. 654. In all cases in which any collector shall have refused, or cancelled a passport, on any of the grounds set forth in sections 646 and 647, such collector may, in case such applicant shall file with him a sufficient bond with sureties to be approved by him, conditioned that said applicant will pay the amount of his indebtedness, or obligation, or abide the results of the suit, and pay the audunt of any judgment that may be rendered against him in any pending suit, or pro- vide for the support of his family, as the case may be, issue a passport to the party applying for the same. ART. XXVI.—Of Smuggling, and Other Frauds against the Revenue Laws. Sec. 655. Every person who shall be in any way engaged in the importation, introduction, landing, or transhipping of any goods, wares or merchandise, subject to duty, without paying or securing the payment of such duty, or who shall make out or pass, or attempt to pass, through any custom-house, any false, forged or fraudulent invoice, and also his aiders and abettors, shall be deemed guilty of the misde- meanor of smuggling, and on conviction thereof, shall be fined not less than fifty, nor more than one thousand dollars, or im- prisoned at hard labor not exceeding two years, in the discre- tion of the court ; and all goods, wares, and merchandise, so smuggled or attempted to be smuggled, and the vessel from which they are smuggled or attempted to be smuggled, togeth er with all her boats, tackle, apparel and furniture, and all other boats, vessels, and craft of whatever description, in any way used or engaged in such smuggling, or attempt to smug- gle, shall be forfeited, and may be seized, condemned and sold for the benefit of the Hawaiian Government. Sec. 656. Any person who shall be charged with, or suspected of the offense of smuggling, or attempt- ing to smuggle, may be arrested by any officer of the police or customs, without a warrant, and detained until he can be brought before some police or other justice, for examination. Sec. 657. In all cases where any person shall be charged with smuggling, or attempting to smuggle, any goods, wares or merchandise, it shall be incumbent on such person to prove the legal importation, and the payment of the duties required by law. Sec. 658. All baggage, or other property, exempt from duty, landed without due entry and permit, first made, and obtained, shall be forfeited, and be liable to seizure and sale. Sec. 659. Whenever any article, subject to duty, shall be found in the baggage of any person, which shall not, at the time of making entry for such baggage, have been mentioned to the cºllector, it shall be forfeited ; and the person in whose baggage it shall be found shall forfeit and pay five times the value of such article. Sec. 660. All vessels, boats, goods, wares, merchan- dise, or other property, liable to forfeiture shall, and may, be seized in any place, either upon land or water, by any collector or other officer of customs, by any person employed for the prevention of smuggling, or by any sheriff, constable, or police officer ; and all property so seized by any other per- son than a collector, shall, as soon as convenient, be delivered into the care of the collector, nearest the place of seizure. Sec. 661. It shall be lawful for any collector or other officer of customs, to go on board of, and ex- amine any vessel, on her entry into and departure from this kingdom, and at any other time that such collector or other of. ficer may deem it necessary. Sec. 662. It shall be lawful for any collector, or other officer of customs employed for the prevention of smiggling, or for any sheriff, constable, or police officer, to go on board any vessel, when he shall have reason to suspect any goods subject to duty are concealed on board of such vessel, and upon producing his commission, or appointment to office, to search for, seize and secure any such goods, Sec. 663. If any collector, or other officer of customs, or sheriff, constable, or other police officer, shall suspect the concealment of any smuggled goods in any house, shop, cellar, warehouse, room, hulk, or other place, he shall, upon application to any judge or justice, setting forth under oath, facts sufficient in the opinion of such judge or justice, to justify such suspicion, be entitled to a warrant to enter such house, shop, cellar, warehouse, room, hulk, or other place, and there to search for and secure any such goods; and in case of resistance, to break open doors, chests, trunks, and other pack- ages, and there to seize, and from thence to bring away any smuggled goods, and to place and secure the same in the custody of the collector, nearest the place of seizure. Sec. 664. When any collector, or other officer of customs, shall deem it necessary, he may call upon any sheriff, constabce, or other police officer, to render him assistance in making or enforcing any search or seizure; and any such officer refusing such assistance, shall be liable to a fine not exceeding five hundred dollars, in the discretion of the court. Sec. 665. If any collector, officer of the customs, or other officer, or any person acting in their aid, shall be hindered, opposed, molested or obstructed, in the due execution of his office or duty, in making any search or seizure, or otherwise, by any person whatsoever, every person so hin- dering, opposing, molesting or obstructing any such officer, or other person, and also any person aiding or abetting in the com- mission of such offense, shall be liableto a fine of not less than fifty, nor more than one thousand dollars, in the discretion of the court. Sec. 666. The Collector-General, or any other col- lector of customs, is authorized to cause a suit or prosecution to be instituted in his own name, on behalf of the Hawaiian Government, for any violation of the provisions of any law relating to the revenue of customs. Sec. 667. All vessels, goods, or other property seiz- ed, shall remain in the custody of some collector or other officer of the customs, until it shall have been ascertained whether the same are liable to forfeiture or not : provided how- ever, that if the claimant of any such vessel, goods, or other property, shall pray to have the property delivered to him, the court may appoint three appraisers, to appraise under oath the value of the same, at the expense of the claimant; and if at the return of the appraisement, the claimant shall give a bond with two good and sufficient sureties, to be approved by the court for payment to the collector, of a sum equal to the value apprais- ed, and produce a certificate of the duties having been paid or secured, such property shall be delivered to the claimant. Sec. 668. If, upon the trial, judgment shall be giv- en for the claimant, the bond shall be cancelled ; but if against him, he must, within twenty days thereafter, pay into court the amount of the appraised value with the costs, or judgment shall be forthwith rendered upon the bond, on motion in open court, or before some judge at chambers. Sec. 669. All property in the custody of any col- lector, or other officer of the customs, shall, after condemnation, be sold at public auction, upon giving such no- tice of the time and place of sale, as the court may direct. Sec. 670. When any property shall be seized under any law relating to the revenue of customs, notice of such seizure shall be published in the Government Gazette, and unless the person from whom it is taken, or the owner, or some person authorized by him, shall, within twenty days from the day of such notice of seizure, give notice to the person seizing the same, or to the collector, that he claims such property, it shall be held to be condemend, and shall be sold as such at public auction. Sec. 671. The proceeds of all property condemned and sold for violation of any revenue law, after de- ducting legal commissions for selling the same, and all other necessary expenses; and also all fines and penalties imposed for the violation of any revenue law, after deducting the costs of court, shall be paid to the Collector-General of Customs. Sec. 672. The proceeds of all forfeitures, fines and penalties, under the revenue laws, after deducting the legal costs and charges, as provided in the last preceding section, shall be divided as follows: One half shall be paid and accounted for by the Collector-Ge- neral to the Miaister of Frnance, for the benefit of the public treasury; one fourthe to the person who gave the definite in- formation which led directly to the seizure, or induced the pro- secution; and one fourth to the person who made the seizure or entered the prosecution ; if no other person has a claim as in former than the one making the seizure, or entering the prose- cution, he shall be entitled to the one half. Sec. 673. Any person entitled to a share of any such forfeiture, fine or penalty, may be used as a witness on the trial, but in such case, his share of such forfei- ture, fine or penalty, shall belong to the government. Sec. 674. Every person having a claim for a share of any such forfeiture, fine or penalty, shall state the same in writing under oath, to the Collector-General, within twenty days from the date of the seizure, or from the time the penalty is imposed, otherwise he shall forfeit his claim. Sec. 675. The Collector-General shall pay over their shares to the several claimants, according to their legal rights, of which he shall be the judge, subject to an appeal to the Minister of Finance, within ten days after the rendition of the collector's decision. Sec. 676. No officer shall be entitled to a share of any forfeiture, fine or penalty, for any violation of the revenue laws, by virtue of his office, nor be debarred from re eiving a share, on account of his office or salary: provided, however, that if the Collector-General shall be a claimant in any case, his claim shall be filed with, and be heard and determined by, the Minister of Finance, subject to no appeal. Sec. 677. All spirituous liquors seized and con- demned for any violation of the revenue laws, shall be sold in bond, and be subject to exportation, or to withdrawal for consumption, upon payment of the legal duties, the same as if they had been legally imported ; and the person or persons entitled to a share of the proceeds of the liguors condemned and sold, shall receive a share of the duties actually paid on such liquors, in the proportion of their shares in the proceeds. All other property, so seized and condemned, shall be sold without any reference to duties. Sec. 678. When in any suit for the forfeiture of any vessel, goods or other property, judgment shall be given for the claimant, if it shall appear to the court, or judge trying the case, that there was probable cause of seizure, such court or judge shall cause a certificate to be made thereof, and 18 TELE CIVIL CODE. in such case, the claimant shall not be entitled to costs, nor shall the person who made the seizure, or the prosecutor, be liable to a quit on account of such seizure or prosecution; but the vessel or rather property must be, after judgment, forthwith returned to such claimaat or his agent. Sec. 679. All suits to procure a decree of forfeiture, condemnation and sale, against any vessel, boat, goods, or other property, may be brought in the Supreme Court, in any Circuit Court, or before any Judge of the Supreme or Circuit Court at chambers, and they shall have exclusive juris- diction to try and determine such cases: provided, always, that the several police justices shall have conct rent jurisdiction to try and determine any such suit, where the value of the pro- perty does not exceed five hundred dollars. Sec. 680. Forfeitures for the violation of any pro- vision of the revenue laws, shall attach and divest the property the moment the offense has been committed, and no sale or other change of property shall purge the forfeiture. Sec. 681. All suits brought against any person, vessel, goods, or other property, for the violation of any provision of the revenue laws, and all suits brought against any officer of the customs, or other person, for anything done in pursuance of the revenue laws, shall be commenced within six months after such violation is discovered, or such thing done. Sec. 682. Upon sworn complaint to any justice, charging any person with the violation of any provis- ion of the revenue laws, and setting forth sufficient facts to warrant said justice in the belief that such violation has been made, he shall issue a warrant for the arrest of such person, commanding that he be brought before him for examination. If, after the examination of the accused, the justice shall be of the opinion that there is probable cause to believe, upon the evidence produced to him, that a conviction would take place before a jury, he shall commit the accused to prison, to await his trial at the next term of the Supreme or Circuit Court: provided, however, that the accused may be released from prison, upon giving a bond with two good and sufficient sureties, to be appro- ved by said justice, conditioned for the payment of any fine that may be imposed upon him. if found guilty, or that he will appear at the time of trial, and answer to the charge ; and further provided, that nothing in this section contained shall be construcd as interfering with the jurisdiction of the police jus- tices in cases of smuggling and other offenses; as provided in the next succeeding section. Sec. 683. The respective police and district justices throughout the kingdom, shall have jurisdiction to try and determine all cases, in which any person shall be charged with smuggling, or attempting to smuggle, and all other offenses against any provision of the revenue laws, when the amount of the fine does not exceed five hundred dollars. Sec. 684. In case any person charged with, and convicted of, an offense against the revenue laws, shall desire an appeal, it 8hall be incumbent upon him to first pay the amount of the accrued cºsts and fine, or to give a bond for the payment of the same, signed by at least two good and sufficient bureties, to be approved by the court by whom he was tried. Sec. 685. Every person who shall be fined for a violation of any provision of the revenue laws shall, in case he fail to pay such fine, be imprisoned at hard labor until such fine be paid or remitted, or until he shall have earned a sum equivalent to such fine. Sec. 686. If any officer shall make any collusive seizure, or shall deliver up, or shall make any agree- ment to deliver up, or not seize, any vessel, boat, or other pro- perty liable to seizure, or shall directly or indirectly take or receive any bribe, gratuity, recompense, or reward, fºr the ne- glect or non-performance of his duty, he shall, for each such offense, be liable to a fine of not czceeding two thousand dollars, and be rendered incapable of serving the King in any office or employment; and if any person shall give any bribe, recom- pense or reward to, or make any such collusive agreement with, any such officer, whether the offer, proposal, promise or agree- ment, be accepted or performed, or not, he shall be liable to a fine of not exceeding two thousand dollars. Sec. 687. Whenever the words “goods,” “wares,” and “merchandise,” or either of them, are used in this article, the same shall be construed to include all property of whatever kind or description. Sec. 688. The Minister of Finance shall have power, from time to time, to make, alter and amend, such rules and regulations for the collection of duties and the trans- action of the business of the Custom-Houses, not in conflict with any law, as he may deem proper, giving due notice of the same in the Government Gazette. Sec. 689. Any person who has incurred any fine, penalty or forfeiture, for a breach of any provision of the revenue laws, or is interested in any vessel, or merchandlse subject to seizure, forfeiture, or disability, may petition the Minister of Finance, setting forth the circumstances of his case, and praying that the same may be mitigated or remitted, and the said Minister may mitigate or remit such fine, forfeiture, or penalty, or remove such disability, or any part thereof, and he may direct any prosecution for such fine, penalty or for feiture, to be discontinued upon such terms as he may deem reasonable. ART. XXVII.-Tariff of Charges for the Depart- ment of Finance. Sec. 690. For the receipt, care and disbursement of all residuary moneys belonging to the estate of any intestate, a commission of ten per cent. For the receipt, care, and storage of any residuary property, other than money, five per cent, ad valorem per annum, be- sides all actual expenses. For administering any oath, one dollar. Forevery copy of any document, fifty cents per hundred words. For all other acts and duties, the fees of which are not other- wise provided for, such charges as the Minister of Finance may, from time to time prescribe. CUSTOM HOUSE CHARGES. Sec. 691. For visit of health officer, when required, five dollars ; and when necessarily detained on board, ten dollars per day. For bill of health on departure, when required, five dollars. For entrance pilotage at the ports of Honolulu, Hilo and Ha- malei, one dollar per foot upon the vessel's draught. For departure pilotage from any of said ports, one dollar per foot upon the vessel's draught. For anchoring any vessel off the port of Honolulu, ten dollars; and if the pilot be detained longer than twenty-four hours, five dollars per day for such detention. For every stamped blank furnished by the collector, one dollar. For receiving and filing every manifest, inward or outward, one dollar. For receiving and filing every entry, fifty cents. For receiving and filing every bond, given to secure the pay- ment of duties, one dollar. - For every clearance, one dollar. For the benefit of buoys, two dollars. For lights at Lahaina, two dollars. For boarding officers, at those ports where no pilotage is charged, five dollars. For every hulk, moored in the harbor of Hodolulu, one hun- dred dollars per annum. For every passport, the price of the stamp only, one dollar. For measurement of vessels for registry, five cents per ton. For registering any vessel, twenty-five cents per ton. For every copy of the certificate of registry, fifty cents per hundred words. For recording every bill of sale, mortgage, or hypothecation of a vessel, or part thereof, fifty cents per hundred words. For every copy of the same, fifty cents per hundred words. The Custom-House charges for all other acts and duties not herein prescribed, and also the rates of storage. shall be such as may, from time to time, be prescribed by the Minister of Finance. HARBOR MASTER'S CHARGES. Sec. 692. For every permit to discharge a foreign seaman fifty cents. For stamped bond upon discharge of foreign seaman, one dollar. For stamped application to the Governor for shipment of na- tives, one dollar. For stamped bond on shipment of natives, one dollar. For boarding and mooring vessels, the fees prescribed in sec- tion 587. CHAPTER X. —Department of Public Instruction. OF THE BOARD OF EDUCATION. Sec. 693. There shall be an executive department, to be styled the Department of Public Instruction, which shall be superintended and directed by a Board of Ed- ucation, consisting of a president and two directors, who shall be appointed by the King, shall reside at the seat of govern- ment, and shall hold office during the King's pleasure. Sec. 694. Said Board shall have entire charge and control of the Department of Public Instruction ; shall superintend the execution of all laws relating thereto ; shall have the powcr to make its own by-laws, not in contra- vention of the laws of this kingdom ; shall keep regular records of its proceedings, and make a full report, through its president, of the business and transactions of the department to the Legis- lature, at each regular session thereof. Two members present at any regular meeting, shall consti- tute a quorum for business. Sec. 695. For the purposes of this chapter, the said Board shall possess the powers and privileges of a corporation. Sec. 696. Said Board may, from time to time, adopt rules for the internal regulation and government of the public schools, and schools supported by government, not inconsistent with any law of this kingdom, and such rules, when duly made known, shall be obligatory, in all respects, upon both teachers and scholars. OF THE PRESIDENT. Sec. 697. The President of said board shall keep an office at the seat of governmfºnt, and sign all of. ficial documents of the board, in order to their validity. He shall use his best exertions to promote the interests of education and morality throughout the kingdom, and the general objects of the department ; and shall receive such salary as the Legis- lature shall determine. The other members of the Board shall receive no compensation for their servicee. Sec. 698. The President of said Board shall be authorized to employ a clerk to assist him in the dis- charge of his duties, whose salary shall be such as the Legisla- ture may, from time to time, determine. Sec. 699. The seal of the Department of Public In- struction shall be such as may be approved by the Board of Education, and copies of all documents belonging to said Board, certified by the President, and impressed with such seal, shall be as valid evidence in any court, as the originals. Sec. 700. The President of said Board, shall, from time to time, make a tour of the respective islands, to inquire into the condition of the schools supported or aided by government ; to instruct the school-officers and teachers in regard to their duties under the law, and urge them to the faithful performance of the same ; to awaken an interest among parents for the education of their children, in knowledge and virtue ; to hold public examinations of schools; and when in his estimation the merits of any pupil or teacher warrant it, he may, by way of special encouragement, give such pupil or teacher a certificate of honor, or such premium as shall be authorized by the Board of Education. Sec. 701. The President of said Board shall, from time to time, address circular directions approved by the Board, to the respective school superintendents of the sever- al districts, defining their duties; instructing them how to act in concert with the school-teachers and trustees ; upon what points of education to examine candidates for teachers' license, - and how such examination shall be conducted; when to consider any such teacher fit for his office ; what studies are to be pur- sued in the government schools, and to what extent; how to make the returns required of them, prescribing the form, and transmitting the blanks for such returns ; how to draw upon the school-treasurer for the support of teachers and other school purposes, and how to account to him for the amounts drawn ; how, and at what prices, to account to him for the sale of books and stationery, supplied from his department ; how, and for what causes to suspend teachers; when, and for how long va- cations from study may be granted ; and generally to instruct them on any subject connected with his department, and which the Board of Education may direct. Sec. 702. The President of the Board of Education is hereby authorized to bind out, under proper in- dentures, vicious children convicted of any crime or misdemean- or, to persons of good character, who shall teach them the rudi- ments of knowledge, some useful trade or employment, protect their morals, and become responsible for the payment of their fines. OF THE COMMON SCHOOLS. Sec. 703. The object of the common schools sup- ported by government, is to instruct the children of the nation in goods morals, and in the rudiments of reading, writing, geography, arithmetic, and of other kindred elementary branches; and it shall be the duty of all school officers, parents, magistrates, police officers, and ministers of the Gospel, throughout the kingdom, to aid in effecting this object. Sec. 704. For the purposes of education, thc king- dom is divided into school districts, the boundaries of which are the same as those of the taxation districts; that is to say, the Island of Hawaii shall be divided into eight uniform school districts, as follows:–1, Hiro: 2, Puna; 3. Kau, 4, Sonth Kona ; 5, North Kona ; 6, South Kohala ; 7, North Kohala ; 8, Hamakua. The Island of Maui shall be divided as follows :-1st, from Kohakuloa to Ukumehame, including Kahoolawe ; 2d, from Waihee to Honoaula inclusive ; 3d, Kakikinui. Kaupo, Kipa- hulu, Hana, Koolau : 4th, Hamakualoa, "Hamakuapoko, Halii- maile, Makawao, and Kula ; 5th, Molokai : 6th, Lanai. The Island of Oahu shall be divided as follows:–Ist, from Maunalua to Moanalua inclusive : 2d, Ewa and Waianae : 3d, Waialua ; 4th, Koolauloa : 5th, Koolaupoko. The Island of Kauai shall be divided as follows :-1st, from Naulolo to Hanapepe inclusive ; 2d, from Wahiawa to Ma- haulepu inclusive ; 3d, from Kipu to Kamalomalo inclusive ; 4th, from Anahola to Kilauea inclusive ; 5th, from Kalihiwai to Honopu inclusive : 6th, Niihau. The above districts may be subdivided by their several super- intendents, under general instructions from the Board of Educa- tion, into minor divisions, by the observance of geographical lines, or otherwise, for greater convenience and efficiency in con- ducting the public schools. Sec. 705. It shall be the duty of the Board to dis- continue any government school, wherein the aver- age daily attendance of scholars throughout the year may be less than eighteen : provided, however, that in remote districts, it may, in its discretion, continue schools, where the average daily attendance throughout the year may be less than eighteen, and where the wants of the people of the district may require it. OF SUPERINTENDENTS. Sec. 706. The President of the Board of Education shall recommend to said Board for appointment, one or more general superintendents of schools for each of the said districts, to hold office during the pleasure of said Board. Sec. 707. The respective surerintendents shall, in consultation with the trustees of the respective schools, within their several districts, have power to license teachers, according to the rules which may from time to time be established by the Board of Education ; but the President of said Board shall, nevertheless, have power to revoke the licenses so given, for good cause. Sec. 708. The superintendents, in consultation with the trustees of the several schools, shall have the power to employ school teachers in their respective districts; to erect and repair school houses, and to draw on the treasurers of their respective districts fof the necessary funds to carry out these objects, under general instructions from the President of the Board of Education, reporting quarterly to said President the amount thus drawn and expended. Sec. 709. The several superintendents shall, under the President of the Board of Education, be the trustees of all the school property, for their respective districts ; and shall severally have the power to sue and be sued on ac- count of the same, in any court of this kingdom. The school houses in their respective districts shall be under their immedi- ate care, and they shall, so far as possible, preserve the same from injury and decay, either directly or through the local trus- tees. Sec. 710. It shall be the duty of the several super- intendents to report quarterly, to the President of the Board of Education, the number of teachers, schools and school houses, and also their character and condition, in their respective districts; the number of scholars attending such schools, and their progress in learning and good morals. For this purpose, it shall be their duty to examine the schools, and inspect the school houses under their care, either in person or by deputy, at least once in each quarter year. See. 711. The pay of the several school superin- tendents shall be such as the Board of Education may, from time to time, determine. OF SCHOOL TRUSTEES. Sec. 712. The fathers or guardians of the children connected with any common school, may meet on the last Monday of December in each year, and elect. viva voce, a majority deciding, from their own number, a local committee of one or two trustees, (the number to be determined by the super- intendent of the district,) being subjects of the King, whose duty it shall be to co-operate with the superintendent of the district, in carrying into effect the laws relating to common schools; and TELE CIVIL CODE. - I9 whose sanction shall be necessary to the election of the teacher of the school, to his dismissal from office, and to the agreement for his wages. Sec. 713. It shall be the duty of the district just- ice, or some one appointed by him, to preside at the election of trustees, and report the result immediately to the school superintendent of the district. Sec. 714. It shall be lawful for the district justice nearest to any common school, on the written com- plaint of any ten persons having the right to vote for the trus- tees of such school, against any trustee, on account of immorali- ty, neglect of duty, or general unfitness for the office, to insti- tute an investigation of the complaint, without charge, and on sufficient evidence, to dcpose the accused trustee from office. Sec. 715. Should the office of any school trustee be- ccme vacant by resignation, death, removal, or any cther cause, such vacancy may be filled until a new election, by some proper person to be appointed by the school superin- tiºndent of the district. -> Sec. 716. In case of disagreement between any school superintendent and the trustees of his district, in the discharge of their respective duties, each party shall have the right of appeal to the Board of Education, whose decision in each case shall be final. Sec. 717. Every school trustee, declared by the superintendent of his district to have been faithful in the discharge of his duty, shall be entitled to such compensa- tion out of any appropriation for public schools, as may be al- lowed by the Board of Education. But unfaithful trustees shall be entitled to no pay. OF SCHOOL TREASURERS. Sec. 718. The Board of Education shall appoint, for each district, a responsible treasurer, for the gchool funds of such district, whose duty it shall be to safely keep, and properly apply, said funds, to the support of educa- tion in his district, as he may be, from time to time, instructed by the President of the Board of Education ; and he shall give to the President of said Board, a bond, in such form and for such an amount, and with such security, a sshall be approved by said President, for the faithful performance of his duty. Sec. 719. The school treasurers shall pay out the school funds received by them, to the order of the school superintendents of their respective districts, and shall report quarterly, to the President of the Board of Education, an account of all school funds received and disbursed by them. Sec. 720. Said treasurers shall hold office during the pleasure of the Board of Education, and shall re- ceive as a compensation for their services, a commission of not more than five per cent. on the gross amount of the school funds received and disbursed by them. OF THE SCHOOL REVENUE. Sec. 721. The revenue for the support of govern- ment schools, shall be derived from direct appropria- tions by the Legislature, from the interest accruing on the school fund, the rents of school lands, and from the school-tax as provided in section 486, and it shall be the duty of vhe Presi- dent of the Board of Education to present to the Legislature at each biennial session, an account of the receipts and disburse- ments of the school revenue, since its last regular session. OF ATTENDANCE. Sec. 722. It shall be incumbent on all parents, guardians, and adopters of children between the ages of six and sixteen years, to send such children to some law- ful school, where they may be regularly instructed in good morals, and elementary learning ; and such parents and guard- ians shall have the right to send their children to the public schools, until they are twenty years of age. Sec. 723. All police magistrates and district jus- tices, when applied to by parents, teachers, school trusteef, or other persons, shall have truant children, and all such as are required by law to attend school, but who are found about the wharves, streets, or public places, during school hours, or reported as absent from school without cause, arrested and taken to their respective schools, there to be punished ac- cording to the law relating to schools. Sec. 724 If any such child shall persist in for- saking school, any police or district justice shall, upon proper complaint being made, cause the father, or mother. or guardian, or child, to be arrested ; and, upon conviction, he shall sentence the party or parties offending, to a fine not ex- ceeding five dollars for the father, mother, or guardian ; and in default thereof, to imprisonment at hard labor for a term not exceeding ten days. And in case the offending party is the child, the said justice shall sentence the said child to a fine not exceeding two dollars, or to imprisonment at hard labor for a term not exceeding five days : provided, however, that no child under the age of ten years shall be subject to imprisonment ; and further provided, that the school-superintendent shall have authority to grant, without charge, to any parent or guardian, a certificate, exempting his child from obligation to attend school, for a certain specified time, for a suitable cause. Sec. 725. Should any parent or guardian prefer to send his child, or ward, to a select or private school, not supported by government, and feel. in consequence of his poverty, that the school-tax herein imposed is too burdensome. the Minister of Finance shall have power to release him from said tax, so long as he shall continue to educate his children, on a certificate from the school-superintendent of his district that he is unable to pay the tax. OF TEACHERS OF COMMON SCHOOLS. Sec. 726. The teachers of common schools are licensed by the superintendents. No person shall be solicensed without having exhibited satisfactory evidence of good moral character, and qualifications to teach, particularly in the rudiments of reading, writing, arithmetic and geography 5 and cvery license to teach may, at any time, be cancelled by the President of the Board of Education, or by the superintendent of the district, in consultation with the trustee, or trustees, where the licensee has become of immoral character, or has shown a want of that skill, industry and fitness necessary to the success- ful discharge of his duties. Sec. 727. It shall be the duty of the several super- intendents of schools, at the commencement of each year, after giving public notice in the respective districts at least one month beforehand, to examine or cause to be examin- ed. Such persons, of good moral character, as shall apply to them for employment as teachers during the ensuing year, in such branches as are usually taught in the common schools, in order to ascertain their fitness, so far as knowledge is concern- ed, for such employment ; and for this purpose the said super- tendents shall be authorized to call to their aid one or more persons of intelligence, in conducting said examination. Sec. 728. No license granted in one district shall authorize the holder to teach in another, without a new examination, although such license may be considered by the superintendent as prima facie evidence of the holder's qualifications. Sec. 729. Every school-teacher shall have power to administer necessary and reasonable punishment upon the pupils of his school ; and the teacher so acting shall not be in any way amenable therefor. Sec. 730. The pay of the several school-teachers shall be such as may be determined by the superin- tendents of their respective districts, in consultation with the school trustees, under instructions from the Board of Education, which shall determine the compensation to he paid to all teach- ers employed in schools supported by government. OF BOOKS AND STATIONERY. Sec. 731. The President of the Board of Educa- tion shall from time to time, furnish to the respect- ive superintendents of commnn schools, such books and sta- tionery as in the opinion of said Board may be needed, to be paid for out of the funds appropriated to the support of common schools. Sec. 732. The scholars in the common schools shall be supplied, by their parents or guardians, with the books and stationery requisite for their use. Sec. 733. In case any scholar shall not be furnish- ed by his parents or guardians with such books and stationery, he shall be supplied therewith by the school super- intendent of the district, who shall be authorized to draw upon the treasurer of the district for the amount expended for the 5am.8. Sec. 734. The school superintendent shall inform the tax collector of the district, of the names of the scholars supplied with books and stationery, as provided in the lastpreceding section, and the amount expended for each, to- gether with the name of the parent or guardian who should have supplied the same; and the collector shall add such amount to the school-tax of such parent or guardian for the next year, and collect the same, unless such superintendent shall be of opinion that said parent or guardian is unable to pay the amount thus expended for books and stationery so supplied ; in which case, he may remit the whole or a part thereof, as may be just. ART. XXVIII.-Of Institutions Endowed by Govern- ment, and Select Schools. Sec. 735. Every literary institution, seminary of learning, or select School, supported by government, shall be under the superintendence, control, and direction of the Board of Education : provided, always, that where such institu- tion, seminal y, or select school, is endowed or supported in part only by the Government, the Board of Education shall not, un- less expressly authorized by law, have the absolute control and direction of the same, but only a general oversight, with the right to visit and to inquire into its general condition and opera- tions, and to see that the objects of the public endowment or sup- port are faithfully executed. Sec. 736. Whenever the Board of Education shall be satisfied that the charter of any literary institution has been violated, it shall be the duty of the President of said Board to report such violation to the District Attorney of the island where such institution is located. and said District Attor- ney shall take immediate steps to have such charter annulled. Sec. 737. Nothing in this chapter contained shall be construed to forbid the free establishment of select and independent schools, to be supported without assistance from the government, provided they be not of an immoral ten- dency. The teachers of such schools shall, annually, report to the Board of Education the number of their scholars, by what means supported, and the general character and condition of their respective schools. OF THE LAHAINALUNA SEMINARY. Sec. 788. Whereas, an arrangement has been made between the Hawaiian Government and the American Board of Commissioners for Foreign Missions, whereby the seminary of Lahainaluna has been ceded to the King's Govern- ment, on condition that the Government undertakes its support; and whereas, it is desirable to have some institution, where Hawaiian youth can be properly educated for various occupa- tions, therefore, the arrangement, whereby the seminary of Lahainaluna has been surrendered to the King's Government, is hereby ratified and confirmed, and a reasonable sum shall be appropriated annually out of the public ſunds, for the support of said seminary, in pursuance of said arrangement. Sec. 739. Said seminary shall be under the care and direction of the Board of Education, who shall appoint its teachers, and make rules and regulations, from time to time, for its government, and course of instruction; provided. that such rules and regulations, do no conflict with the condi- tions on which that institution was ceded to the Government, nor with any law of this kingdom. Said Board shall have the care and management of the buildings, premises, apparatus, and all other property belonging to said institution. Sec. 740. It chail be the duty of the President of the Board of Education, to include in his report to the Legislature, at each regular session thereof, a statement of the operations and condition of said seminary. OF ENGLISH SCHOOLS FOR HAWAIIAN YOUTH. Sec. 741. It shall be the duty of the President of the Board of Education to use his best endeavors, to impress upon the minds of native parents and guardians, the importance of a knowledge of the English language to their children, and to induce them to provide for them, as soon as possible, the means of acquiring it, by contributing according to their ability, the means of supporting English schools, of good character, among them. Sec. 742. It shall be lawful for the Board of Educa- tion to contribute, out of such appropriation as the Legislature shall make for this object, one-half of the support of at least one English school of good character, for Ilawaiian youth, on the island of Kauai; two on the island of Oahu, not including the Royal School; one on the island of Maui; and one on the island of Hawaii; to be located at such places as they shall deem most advantageous for promoting the object; said schools to be kept in session not less than forty weeks in the year, for five days each week, and not less than five hours each day. Provided, that the whole annual expenditure on the part of the Government, for the support of such schools, shall not ex- ceed an average of six hundred dollars for each; and provided also, that before making any grant to such school, the other half of its support shall be subscribed by responsible persons, who will come under written obligations to the Board of Education, or to such local directors as it shall appoint, to send their child- ren regularly to one of said schools, for at least five consecutive years, or until they shall be released from such obligation, for cause, by said Board or its agent; also to provide for their child- ren in said schools, boarding, clothing, and the necessary books and stationery; and to place them while enjoying the advantages of such schools, under the guardianship of said Board of Educa- tion, or such local directors as it shall appoint. Sec. 743. It shall be lawful for said Board of Edu- cation, to appoint such local directors for the afore- said schools in their several localities, as they shall deem proper; and grant to them power to employ teachers, make rules and regulations, not contravening any law of this kingdom, for the schools under their care, and also for the transaction of their own business. Sec. 744. The Board of Education shall require the local directors of each of said schools, to report quarterly to the President of said Board of Education, the amount actually paid to them for the support of such school, by private subscription; and said President shall be authorized to draw on the Minister of Finance for the same amount, in favor of said school. Sec. 745. In order to facilitate the design of im- parting a knowledge of the English language to Hawaiian youth, the Royal School shall be under the immediate care and control of the Board of Education, and shall be suppor- ted by it, as a normal school, for the purpose of affording greater advantages to youth acquiring the English language, than they can have in the ordinary English schools, that they may become qualified to teach the English language, or be fitted for college; and such scholars, when received into the Royal School, shall, for the time being, be under the special guardianship and con- trol of the Board of Education, by written agreement with their parents or guardians; and shall be required to continue in the school for a certain specified time; provided, that other scholars may be received on paying full tuition, without such obligation. Sec. 746. The Board of Education shall be author- ized to make such reasonable charge for tuition, for the advantages of the Royal School, as it shall deem proper. Sec. 747. The said Board shall be authorized to expend annually, for the support of the Royal School, a sum not exceeding two thousand dollars, out of any school funds legally at its disposal. Sec. 748. The Board of Education shall have the power to set apart a portion of the general school tax imposed in section 486, for the support of English schools for Hawaiian youth, whenever in its discretion it shall seem desir- able. OF SCHOOL LANDS, SCHOOL HOUSES, AND CHURCH SITES. Sec. 749. The President of the Board of Education, under the direction of said Board, is hereby author- ized to dispose of any of the lands which have been, or hereafter may be, set apart for the general purposes of education, either by sale, lease, or otherwise. Sec. 750. All moneys, and other avails of Govern- ment lands, set apart for the general purposes of ed- ucation, shall be kept as a separate fund, and the interest only of such fund, shall be appropriated as hereinafter provided, from time to time, to the printing of school books, furnishing books and stationery to poor children, to the erection of school houses, to defraying the expenses of school agents, to furnishing premiums to the most deserving teachers and scholars, to pro- curing agricultural implements and all necessary apparatus for schools, to aiding private and select schools, or to such other ob- jects connected with the interests of education, as the Board of Education may deem proper. Sec. 751. All avails of lands, sold, leased, or other- wise disposed of as hereinbefore provided, shall be accounted for by the President of the Board of Education, in his reports to the Legislature. - Sec. 752. All sites for school houses and houses for public worship, not owned by private parties, socie- ties or corporations, and all lands connected therewith, whicſ, have been granted by or to the Government, for the purpose of promoting the interests of education or religion, shall be reserved as Government property, so long as they are devoted to the purposes for which they were granted, and shall be under the charge and control of the Board of Education; and in case they shall cease to be used for the purposes for which they were granted, for not less than one year, they ahall rever to the origin” 2O_ grantors, or their representatives. In all cages where lands are Bold or otherwise disposed of, the sitea for school-houses and houses for public worship, Bhail not be included in such zale or disposition. Sec. 753. In all cases where the sites and school lands, mentioned in the last preceding section, consti- tute a part of the lands held in common by the Government and individuals, such aſtes and school lands shall be regarded as making a part of the Government portion of the land held in common, and ehall be so regarded in every sale or disposition of the lands in which they are located. Sec. 754. When a site for a school-house is needed, and the same cannot be as well located on government land, as mpon that of a private individual, the school-superin- tendent of the district is authorized to take a suitable lot, not exceedinz one acre, as a site for such school-house, first paying to the owner the value thereof; such value, in case of disa- greement. shall be determined by a jury of three men, to be chosen one by the echool-superintendent, one by the owner of the land, and the third by the two already chosen by the super- intendent and owner. The said jury shall have the power to locate the lot desired for the school-house, in a place different from that chosen by the school-superintendent, should they deem it more reasonable and proper: provided, however, that it shall not be lawful to appropriate for such purpose, any private bury- Jug-ground or house-lot, against the will of the owner thereof. Sec. 755. The President of the Board of Education chall have all the school-lands, and sites for schools and churches, mentioned in this article, so far as practicable, roperly surveyed, and registered in a book, to be deposited in #. office, for the use of the King's Government, and open to the inspection of private individuals desiring to examine the 8ame. The expense of such surveys shall be defrayed out of the iuter- est arizing rom the avails of the school-lands. Sec. 756. In case the funds arising from the pres- ent school. tax are not sufficient to sustain the public schools in operation, at least two hundred days in the year, and also to keep the school-houses in repair, it shall be the duty of the parents and guardians of the scholars attached to any such school, to aid in making up the deficiency, by assisting in the re- pair, or building of the school-houses, as shall be directed by the school-auperint ndent of the district; and in case any such parent or guardian shall refuse, when called upon, to render such agaistance, he shall be liable. on conviction before any po- lice or district justice, to a fine not exceeding five dollars. General Provisions, OF THE PARENTAL AND FILIAL DUTIES. Sec. 757. It shall be the duty of all children with. in the years of legal majority, to obey all the lawful and moral commands of their parents, respecting first as most obligatory, those of the father, and next those of the Inother, and if adopted as by law allowed, the lawful and moral commands of the parents by adopion, and in default of natural or adopted parents, the lawful and moral commands of the guardians ap: p inted according to law. And in case of continued, willful and obstinate disobedience, on the part of a child, it shall be lawful for any police or district justice, upon complaint being made by any parent or guardian, to cause the said child to be arrested and brought before him. And should it appear to the said jus- tice that such child is guilty of continued, willful and obstinate disobedience, he shall sentence the said child to imprisonment at hard labor, for a term not exceeding ten days : provided, however, that no child under ten years of age shall be amenable to the provisions of this section. Sec. 758. Parents, that is say, first the father, and then the mother, or in case, they be both dead, guar- dians legally appointed, shall have control over the actions, the conduct and the education of their children within the years of legal majority. They shall have the right, at all times, to re- cover possession of their children by habeas corpus, and of moderate chastisement for their good; and it shall be the duty of all parents and guardians to set a good example before their children; to provide, to the best of their ability, for their support and education;to see that they are instructed in a knowledge of the Christian religion; to use their best endeavors to keep them from illeness and vice of all kinds; and to inculcate upon them habits of industry, economy and loyalty; and it shall be lawful for any Judge of the Supreme Court, or of any Circuit Court of this kingdom, on a complaint being laid, before him against any parent, that he or she is encouraging their children in ignorance and vice, to summon such parent before him, and upon its being proved to his satisfaction, to bind out such child, within the years of legal majority, to some person of good moral character, to be well supported trained to good habits, and taught at least the rudiments of knowledge, ART. XXIX. —Of the Census. Sec. 759. It shall be the duty of the President of the Board of Education, under its direction, in the year 1860, and every sixth year, thereafter, to make a complete census of the inhabitants of the kingdom, to be laid before the King and Legislature for their consideration. Every census shall comprise, in distinct columns, the number of inhabitants in each district, the number of each sex, and such other particulars as the Board of Education may direct; and shall show the in- crease or decrease of the population. Sec. 760. To enable the President of the Board of Education to carry into execution the design of the last preceding section, he is hereby authorized to make all ne- cessary inquiries; and all persons are required, under pain of a fine, not to exceed five dollars, to be imposed by any judge, to answer, to the best of their knowledge, all questions propounded by said President, or by any of his agents, relating to, and ne- cessary for, the making of a complete census. Sec. 761. The necessary expenses of making any census shall be paid by the Minister of Finance, upon the order of the Board of Education, out of any moneys appro- priated by the Legislature for that object. OF THE REGISTRY OF BIRTHS, DEATHS AND MARRIAGES. Sec. 762. The school-superintendent of each district --- -T- TE-LE C L V LL COL) E. shall, under instructions from the Board of Educa- tion, appoint from among school-teachers, or other suitable per- sons, a registrar of births, deaths and marriages, for his district, whose duty it shall be to record all births, deaths and marriages, within said district, and to fill suitable blanks for that purpose, to be furnished by the Board of Education. Such registrars shall report, quarterly, to the school-superintendent of the dis- trict, whose duty itshall be, quarterly, to embody in one, all Euch reports, and forward a copy thereof to the President of the Board of Education. Sec. 703. If the report of the registrar shall be cor- rect, in the opinion of the school-superintendent, he Bhall be authorized to give an order on the school-treasurer of the district, for an amount equal to three cents each, for every birth, death and marriage recorded; and this sum shall be paid out of the school funds of the district. Sec. 764. It shall be the duty of the Board of Edu- cation to furnish the several school superintendents, for distribution among the registrars, the necessary blanks, for the purpose coutemplated in this article. Sec. 765. It shall be the duty of the superintendent of schools, in each district, to publish the names of the persons appointed by him, to register the births and deaths in his district; and it simull be incumbent upon the father, if liv- ing, of any child born in this kingdom, and if not living, or if the child be illegitimate, upon the mother, within three months after the birth of such child, to notify some registrar of births and deaths in the district, of the name and sex and date of the birth of said child. It shall also be incumbent on the nearest relative of legal age, of any deceased person, to notify some re- gistrar of births and deaths in his district, of the name and sex of the deceased, within oue week after such decease. Any neg- lect to make such notification, shall subject the delinquent, on conviction before any police or district justice, to a fine of one dollar. OF THE APPOINTMENT OF AGENTS TO GRANT MARRIAGE LICENSES. Sec. 766. It shall be the duty of the Board of Edu- cation to appoint a suitable number of agents in the several districts of the kingdom, whose duty it shall be to grant marriage licenses, agreeably with the laws; which agents shall be eutitled to a fee of twenty-five cents for each license, to be paid by the party applying therefore. Any such agent who shall charge more than that amount for any such license, or who shall receive a bribe for the same, shall be liable to a fine not exceeding fifty dollars, upon conviction before any police or district justice. Sec. 767. It shall be the duty of the President of the Board of Education, to furnish the agents afore- said with the necessary blanks for marriage licenses; and it shall be the duty of said agents, at the close of each year, to transmit a copy of all the licenses granted by them during the year, to the said Board, who shall preserve a record of the same; and the ageuts shall retain a copy of each license in their own possession. TITLE 3.-OF THE LEGISLATIVE DE- PARTMENT, CHAPTER XI. Sec. 768. The Legislative Department of this king- dom is coin posed of the King, the House of Nobles, and House of Nobles, and the House of Representatives, each of whom has a negative on the other, and in whom is vested full power to make all manner of wholesome laws, as they shall judge for the welfare of the nation, and for the necessary sup- port and defense of good government, provided the same be not repugnant or contrary to the Constitution. Sec, 769. The legislative body shall assemble bien- nially, for the purpose of seeking the welfare of the nation, at such time, and in the place that the King may judge necessary. - Sec. 770. The members of either branch of the leg- islature shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during their at- tendance at the session of their respective Houses, and in going to and returning from the same ; and they shall not be held to answer for any speech, or debate made in the House, in any other court or place whatsoever. ART. XXX.-Of the House of JVobles. Sec. 771. The King appoints the members of the House of Nobles, who hold their seats during life, unless in case of resignation, subject, however, to punishment for disorderly behavior. The number of members of the House of Nobles shall not exceed thirty. Sec. 772. No prson shall be eligble to a seat in the House of Nobles, who shall aot have attained the age of twenty-one years, and resided in the kingdom five years. Sec. 773. The sessions of the House of Nobles shall be open to the public: provided, always, that any person creating a noise or disturbance shall be considered guilty of a high contempt, and shall be immediately committed to prison, there to remain during the pleasure of the House; and further provided, that the presiding officer may, at any time, order all persons not members, to withdraw from the House, when he or the House shall deem it proper or necessary. ART. XXXI.—Of the House of Representatives. Sec. 774. The House of Representatives shall be composed of not less than twenty-four, nor more than forty members, who shall be elected biennially. Sec. 775. The members of the House of Representa- tives are chosen by the people ; and shall receive for their services, a compensation of three dollars for every day’s attendance in the Legislature, and five cents per mile, calcula- ting by the most direct route, in going to and returning from the Legislature: provided, that no representative shall be entitled to receive pay for any day on which he is absent from the Le- gislature, unless such absence be occasioned by his illness. Sec. 776. Allbills, or resolves, for rising the re- venue, or calling for any expenditure of the public money, shall originate in the House of Representatives. Sec. 777. The sessions of the House of Representa- tives shall be open to the public : provided, always, that any person creating a noise or disturbance, shall be consi- dered guilty of a tigh contempt, and shall be immediately com- mitted to prison, there to remain during the pleasere of the | House; and further provided, that the presiding officer may, at any time, order all persons not members, to withdraw from the | House, when he or the House shall deem it proper or necessary. Sec. 778. The following persons shall be eligible for representatives of the people, namely: Every male subject, or denizen of the kingdom, who shall have arrived at the full age of twenty-five years, who shall know how to read and write; who shall understand accounts, and who shall have resided in the kingdom for at least one year immediately pre- ceding his election: provided, always, that no person who is insane, or an idiot, or who shaMºat any time have been convic- ted of theft, bribery, perjury, forgery, embezzlement, polygamy, or other high crime or misdemeanor, shall ever hold a seat as a representative of the people. Sec. 779. Every member of the House of Represen. tatives, before being admitted to take his seat, shall take and subscribe the following oath: “I most solemnly swear, in the presence of Almighty God... that I will faithfully support the Constitution and laws of the Hawaiian Islands, and conscien- tiously and impartially discharge my duties as a representative of the people.” Which oath, after being subscribed, shall be filed by the clerk of the House. ART. XXXII.--Of the Election of Representatives. ELECTION DISTRICTS. Sec. 780. The number of the representatives of the people in the Legislature, shall be as follows, viz.: For the Island of Hawaii, eight, hat is to say: One for the district of North Kona ; beginning at and including. Keahualo- no, and extending to and including Puuohao ; One for the dis- trict of South Kona ; beginning at Puuohno, and extending to and including Kaheawaii; One for the district of Kau ; One for the district of Puna ; Two for the district of Hilo ; One for the district of Hamakua ; One for the district of Kohala. For the Island of Maui, six, that is to say: Two for the district composed of Lahaina, Olowalu, Ukumehame and Kahoolawe; One for the district, composed of Kahakuloa and Kaanapali; One for the district beginning with and including Waihee, and extending to and including Honuaula ; One for the district be- ginning with and including Kahikinui, and extending to and including Koolau ; One for the district beginning with and including Hamakualoa, and extending to and including Kula; Two for the district composed of the Islands of Molokai and Lanai. For the Island of Oahu, eight, that is to say: Four for the district of Honolulu, beginning with and including Maunalua, and extending to and including Moanalua: One for the district composed of Ewa and Waianae ; One for the district of Waia- lua; One for the district of Koolauloa ; One for the district of Koolaupoko. For the Island of Kauai, three, that is to say: One for the district of Waimea, beginning with and including Nualolo, and extending to and including Hanapepe, and also including the Island of Niihau; One for the district of Puna, beginning with and including Wahiawa, and extending to and including Wai- lua ; One for the district of Hanalei, beginning with and includ- ing Kapaa, and extending to and including Awa-awa-puhi. OF THE TIME AND PLACE OF HOLDING ELEC- TIONS. Sec. 781. The elections for representatives of the people to sit in the Legislature, shall be held in all the districts throughout the kingdom, on the first Monday of Ja- nuary, every second year, at such places as shall, from time to time, be designated by the Minister of the Interior, who shall give public notice of the same at least thirty days previous to the time of election. Sec. 782. Whenever the Minister of the Interior shall deem it nesessary, for the public convenience, that more than one place should be established for receiving votes in any one district, he shall have the power to appoint two places, and he shall designate from among the justices, tax-col- lectors, and school-superintendents, within the district, inspec- tors to preside over and conduct the election at such places. OF THE QUALIFICATIONS OF ELECTORS. Sec. 783. Every male, subject of His Majesty, whether native or naturalized, and every denizen of the kingdom, who shall have paid his taxes, attained the full age of twenty years, and resided in the kingdom for one year immediately preceding the time of election, shall be entitled to one vote for the representative, or representatives, of the district: in which he may have resided three months next preceding the day of election: provided, that no insane person, nor any person who shall, at any time, have been convicted of any in- famous crime, within this kingdom, unless he shall have been: pardoned by King, and by the terms of such pardon restored to all the rights of a subject, shall be allowed to vote. Sec. 784. No alien shall be allowed to vote for representatives of the people. OF THE MANNER OF CONDUCTING ELECTIONS. Sec. 785. The elections shall take place in the presence of the District Justices, the Tax-Collector, and the School-Superintendent of the district ; or, in their ab- sence, of agents appointed by them for that purpose, any three of whom shall constitute a Board of Inspectors to conduct the election, and decide on the qualifications of voters. The District Justice, or in case there is more than ore, the Justice who has been longest in office, or his agent, shall be chairman of the said Board. Nothing in this section contained shall be construed as applicable to those cases where more than one place is appointed fºr receiving votes in any district, as provided in section 782. THE CIVIL CODE. 21. Sec. 786. The Minister of the Interior shall provide, at the expense of the government, a suitable ballot- box, or hoxes, for each election district, with suitable locks and keys for fastening the same. Sec. 787. Every Board of Inspectors in any district shall appoint a clerk, whose duty it shall be, under oath to be administered to him by the chairman, to record truly the names of all persons who vote at the election. Such clerk shall receive a compensation of five dollars, to be paid out of any government moneys in the hands of the chairman. Sec. 788. The polls shall be opened, and proclama- tion made thereof, at eight o’clock in the morning on the day of election, and shall be kept open till five o'clock in the afternoon, and no longer. The electors shall vote by ballot, and each person offering to vote shall deliver his ballot to one of the inspectors, who, on receiving such ballot, shall direct the clerk to record the name of the person delivering the same, and shall, without inspecting the name of the person voted for, examine said ballot so far only as to determine whether the same contains more than one ticket; if it do not, he shall place it in the ballot-box; but if it do, he shall make it manifest, and reject the same. The ballots, after having been placed in the box, shall not be removed from such box until the same are taken out to be counted, by the inspectors. Sec. 789. The ballot shall be a paper ticket, which shall contain written or printed, or partly written and partly printed, the name or names of the person or persons for whom the elector votes. After the close of the polls, the in- spectors shall proceed without delay, first to ascertain from the clerk's record the whole number of persons voting, and then to sort and count the whole number of votes given for the different candidates; and all persons who choose to attend at the count- ing of such votes shall be at liberty to do so. Sec. 790. When the inspectors have ascertained the number of votes given for each candidate respective- ly, they shall make public declaration of the whole number of votes given in, the names of the persons voted for, and the num- ber of votes for each person, and the clerk shall make a fair re- cord of the same, which shall be signed by the inspectors, and forwarded to the Minister of the Interior. Sec. 791. In those districts where there is only one place appointed for receiving votes, the Board of In- spectors shall deliver a certificate to the candidates for represen- tatives in their respective districts, who have received the greatest number of votes for that office, in the following form, viz.: We, the undersigned, inspectors of election for the district of —, Island of —, do hereby certify that —, was duly elected a representative for said district, on the – day of —. A. D. 18–. given under our hands this— day of —. Sec. 792. In those districts where two places are appointed for receiving votes, the certificate of elec- tion shall be given by the two persons presiding at such places of election. Sec. 793. It shall be the duty of the inspectors of election, upon granting certificates of election, toim- mediately transmit a copy of the same to the Minister of the In- terier, to be filed in his office. Sec. 794. Whenever two or more ballots are found folded or rolled together, in such manner as to satisfy the inspectors that they are fraudulent, they shall be rejected. Sec. 795. If a ballot shall be found to contain a greater number of names for the office of representa- tive, than the number of representatives to which that district is entitled, it shall be considered fraudulent, and shall be reject- ed; but no ballot shall be considered fraudulent, or be rejected, for containing a less number of names than are authorized to be inserted. MODE OF ANNULLING AN ELECTION AND OF FILLING WACANCIES. Sec. 796. Whenever fifty or more of the voters of any district shall petition the House of Representa- tives, setting forth that any person chosen as representative for said district, has been elected through bribery, or any other un- fair means, or that he is not qualified according to law, the House of Representatives shall institute an inquiry into the truth of the charges in said petition ; and if they find the charges to be true, they shall immediately declare his election null and void. Sec. 797. Whenever the House of Representatives shall declare the election of any person null and void, as provided in the last preceding section, the clerk of said House shall immediately notify the inspectors of election, for the district in which such person was chosen, of the fact of the an- nulment of his election. Said inspectors, upon receiving such notification, shall give ten days previous public notice for hold- ing a new election, and the electors of such district shall accord- ingly proceed again to choose a representative, in the same man- ner as at the regular election. Sec. 798. Whenever any vacancy shall occur in any of the election districts of the kingdom, either by resignation, death, or any other cause, it shall be the duty of the inspectors of election in such district, immediately on ascer- taining the fact, to give ten days previous public notice for hold- ing a new election, at the usual place or places within such dis- trict; and any such election so ordered and held, shall be valid and binding to all intents and purposes. Sec. 799. In the event of any such vacancy occur- ing during the period in which the Legislature is in session, it shall be the duty of the clerk of the House of Repre- sentatives, immediately to notify the inspectors of election of the district in which such vacancy has occurred, of that fact ; and said inspectors shall proceed to order, notify, and hold a new election, as provided in the last preceding section. PROVISIONS TO PRESERVE THE PURITY OF ELECTIONS. Sec. 800. It shall be the duty of each inspector of any election, to challenge any person offering to vote, whom he shall know or suspect not to be duly qualified as an elector. - Sec. 801. If any person offering to vote shall be challenged as unqualified by an inspector, or by any other person, the Board of Inspectors shall read to the person so challenged, the qualifications of an elector as contained in section 783, and shall tender to him the following oath: You do swear that you will fully and truly answer all such questions as shall be put to you, touching your place of residence, and qualifications as an elector at this election. The inspectors of election, or one of them, shall then put such questions to the person challenged, as may be necessary to test his qualifications as an elector at that election. Sec. 802. If the person challenged shall refuse to answer fully any questions which may be put to him as aforesaid, the inspectors shall reject his vote. Sec. 803. If the challenge be not withdrawn, after the person offering to vote shall have answered the questions put to him as aforesaid, one of the inspectors shall tender to him the following oath: You do solemnly swear that you are a subject or denizen of this kingdom, (as the case may be) of the age of twenty years; that you have resided in this kingdom for the last year immediately preceding this election ; and in this district for the last three months immediately pre- ceding this election ; and that you have not voted at this elec- tion; and that you have never been convicted of any infamous crime within this kingdom which has not been fully pardoned. Sec. 804. If any person shall refuse to take the oath tendered, as prescribed in the last preceding section, his vote shall be rejected. Sec. 805. Any pereon who shall vote more than once at the same election, shall, on conviction thereof, be fined not exceeding fifty dollars, or imprisoned at hard labor not more than six months, in the discretion of the court. Sec. 806. Any person who shall vote, being disqua- lified by law, by reason of his conviction of some infamous crime, which shall not have been pardoned, with the restoration to all the rights of a subject, or by reason of non-age, non-residence, or other cause, knowing of his disqualification, shall, on conviction thereof, be fined not exceeding fifty dollars, or imprisoned at hard labor not exceeding six months, in the discretion of the court. Sec. 807. If any elector shall, knowingly, give in more than one ballot at any election, he shall be fined not exceeding fifty dollars, or be imprisoned at hard labor not exceeding six months, in the discretion of the court. Sec. 808. If any person shall willfully aid or abet any one, in the commission of either of the offenses specified in the last three preceding sections, he shall be fined not exceeding fifty dollars, or imprisoned at hard labor not exceeding six months, in the discretion of the court. Sec. 809. Any person who shall, by bribing ano- ther with money, promise of reward, or otherwise, attempt to influence any elector in giving his ballot; or who shall use any threat to procure any elector to vote contrary to the inclination of such elector, or to deter him from giving his ballot, shall, on conviction thereof, be fined not exceeding fifty dollars, or imprisoned at hard labor not exceeding six months, in the discretion of the court. Sec. 810. It shall be the duty of the inspectors of election, or one of them, immediately before procla- mation is made of the opening of the polls, to open the ballot- box, in the presence of the people there assembled, and turn it upside down, so as to empty it of everything that may be in it, and then lock it; and it shall not be re-opened, until the close of the polls, for the purpose of counting the ballots therein. Sec. 811. Any inspector of an election who shall, after the opening of the polls, put a ballot into the ballot-box, except his own ballot, or such as he may have re- ceived in the regular discharge if his duty ; or who shall be guilty of any other fraud or unfair dealing at such election, shall be fined not exceeding one hundred dollars, and disqualified from holding any office under the government. Sec. 812. Any inspector of election, who shall willfully neglect, or refuse, to perform any of the duties required of him, respecting elections, shall be fined not exceeding one hundred dollars, and be disqualified from holding any office under the government. Sec. 813. Any person who shall be disorderly or create any disturbance at any election, or who shall break up, or, prevent, the lawful holding of any election, of obstruct, or attempt to obstruct the same, may be arrested with- out warrant and shall be fined not exceeding one hundred dollars, or imprisoned at hard labor, not exceeding six months, in the discretion of the court. Sec. 814. No civil process shall be served in any district, on any person entitled to vote therein, on the day of election for representatives. TITLE 4.—OF Thºrgian X DEPART- CHAPTER XII. Sec. 815. In order to conduct, with certainty and system, the judicial power, and that the government may be administered in accordance with law and justice, there shall be a department, to be styled the Judiciary Department, which shall be presided over by the Chief Justice and Chancellor of the Kingdom, whose duty it shall be to make a report to the Legislature, at each regular session thereof, of the business of said department, and the administration of justice throughout the kingdom. - Sec. 816. Said department, and the several judges and other judicial officers thereof, shall, in all res- pects, be independent of both the executive and legislative departments. The King shall have no power to interfere with, alter, or, overrule any judgment or decision of any judge, or other judicial officer: provided, however, that nothing herein contained shall be construed to prevent His Majesty from grant- ing reprieves and pardons, after conviction, for all offenses, except in cases of impeachment. Sec. 817. The judicial power of the kingdom is vested in one Supreme Court, and in such inferior courts as the Legislature may, from time to time, establish. Sec. 818. No person holding a seat on the Bench of the Supreme Court, the Circuit Court, or any Police or District Court, shall be eligible to a seat in the House of Representatives of this Kingdom. Sec. 819. The judicial power shall extend to all cases in law and equity arising under the Constitu- ton, any law of this kingdom, and treaties made, or which shall be made under their authority; to all cases affecting ambassa- dors, other public ministers and consuls, and to all cases of ad- miralty, and maritime jurisdiction; and to all cases arising under the laws of nations. Sec. 820. No person shall sit as judge in any case in which his relative is interested, either as plaintiff or defendant, or in the issue of which the said judge, either directly or through a relative, may have any pecuniary interest. Neither shall any judge sit alone on an appeal, or new trial, in any case in which he may have given a previous judgment. Sec. 821. No Judge of the Supreme or any Circuit Court, shall exercise the profession or employment of counsel or attorney, or be engaged in the practice of law, and no judge of any other court shall be employed, nor allowed to appear as counsel or attorney before any court, in any suit, which shall have been previously tried before him. Sec. 822. All duestions of law arising in any civil cause, shall be decided by the court, or judge, before whom the matter is pending ; and the instructions of such court or judge in relation to the law, shall be binding upon the jury, if any be impanelled in the cause. Sec. 823. The several courts may cite and adopt the reasonings and principles of the admiralty, ma- ritime, and common law of other countries, and also of the Roman or civil law, so far as the same may be founded injustice, and not in conflict with the laws and customs of this kingdom. Sec. 824. The several courts of record shall have power to decide for themselves, the constitutionality and binding effect of any law, ordinance, order, or decree, enacted or put forth by the King, the Legislature, the Cabinet, or Privy Council. The Supreme Court shall have the power to declare null and void any such law, ordinance, order, or decree, as may upon mature deliberation appear to it contrary to the Čonstitº tion, or opposed to the laws of nations, or any subsisting treaty with a foreign power. - Sec. 825. The several courts, in their decisions, shall have due regard to vested rights. Sec. 826. The several courts of record, in term time, and the respective justices thereof, at chambers, shall have power summarily to commit for trial, any party appearing to the satisfaction of such court or justice, to have committed perjury in any trial or proceeding had before the Sanne. CHAPTER XIII.—OF THE SUPREME COURT. Sec. 827. The Supreme Court shall consist of a Chief Justice and two Associate Justices, any of whom may hold the court. Sec. 828. The Justices of the Supreme Court shall hold their offices during good behavior, subject to removal as provided in the Constitution, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. Sec. 829. The Supreme Court shall have jurisdic- tion of all cases in law or equity, civil or criminal, and of all admiralty or maritime cases, whether the same be brought before it, by original writ, by appeal, or otherwise. It shall have conclusive jurisdiction of all suits or proceedings against ambassadors, or other public ministers, their attachees or servants, as far as any court can have consistently with the laws of nations ; and of all actions against the Hawaiian Gov- ernment, which can be instituted only by permission of the King in Privy Council. In all suits brought by ambassadors, or other public ministers, and in all suits in which a consul or vice-consul shall be a party, either plaintiff or defendant, it shall have jurisdiction, but such jurisdiction shall not be exclusive. Sec. 830. The Supreme Court shall have the gen- eral superintendance of all courts of inferior juris- diction, to prevent and correct errors and abuses therein, where no other remedy is expressly provided by law. Sec. 831. The Supreme Court, or the Chief Justice, or First Associate Justice thereof, at chambers, shall haxe the power to issue writs of error, certiorari, mandamus, me eaveat regno, prohibition and quo warranto, and all other writs and processes, to courts of inferior jurisdiction, to corpora- tions and individuals, that shall be necessary to the furtherance of justice, and the regular execution of the laws. Sec. 832. The Supreme Court shall have power to make and award all such judgments, decrees, orders and injunctions, to issue all such executions and other writs and processes, and to do all such other acts, as may be necessary to carry into full effect all the powers which are or may be given to it by the Constitution and laws of the kingdom. Sec. 833. The Supreme Court shall have power, from time to time, to make rules for regulating the practice and conducting the business of said court, in all cases not expressly provided for by law ; and thereafter to revise said rules, so often as it may be found wise and necessary to 22 THE CIVIL CODE. simplify said practice, and remedy any abuses or mperſections that may be found to exist therein. Sec. 834. Whenever any question of law shall arise in any trial or other proceeding, before the Supreme Court, when held by one justice, he may reserve the same for the consideration of the full court ; and in Buch case shall report the case, or so much thereof as may be necessary for a full understanding of the question, to his associates. Sec. 835. Any question may be reserved in like manner, upon the motion of either party, on occount of any opinion, direction, or order of the justice, in any matter of law. Sec. 836. If any party shall think himself ag- grieved by any such opinion, direction, or order, and the justice shall not think fit to reserve the case upon his motion, the party may allege exceptions to such opinion, direction, or order, and the same being reduced to writing in a summary mode, and presented to the justice before the final adjournment of the court for the term. and being found conformable to truth, shall be allowed and signed by the justice ; and if said justice shall refuse to allow and sign said exceptions, the truth of the allegations therein contained, may, nevertheless, be established before the full court, and the exceptions allowed by them. Sec. 837. Upon the allowance of such exceptions, the questions arising thereon, shall be considered by the full court. If, however, the exceptions shall appear to the justice, before whom the trial is had, to be frivolous, immaterial, or intended for delay, the judgment may be entered, and execu tion may be awarded or stayed, on such terms as the justice shall deem reasonable, notwithstanding the allowance of the ex- ceptions. Sec. 888. When upon the hearing of a case, brought before the court upon exceptions alleged as before provided, it shall appear that the exceptions are frivolous, or immaterial, or were intended for delay, the court may award against the party taking the exceptions, double costs from the time when the same were alleged, and also interest from the same time, at the rate of twenty per cent. per annum, on the sum, if any, found, due for debt or damages, or may award any part of such additional costs and interest as it may deem properr. Sec. 839. When judgment shall have been render- ed in any case, in which exceptions have been allow- ed, the judgment may be vacated by the full court, without any writ of error, in like manner as if it had been entered by mistake, and thereupon such further proceedings shall be had in the case, as to law and justice'shall appertain. Sec. 840. No trial by jury shall be preventcd or delayed, by the filing or allowance of such exceptions, but the verdict shall be received and such further proceedings shall be had in the case, as the court may order in pursuance of the foregoing provisions. Sec. 841. Whenever a cause shall be at issue in the Supreme Court, and it shall appear that the trial of the same will require the examination of a long or complicated account, on either side, such court may, on the application of either party, or without such application, order such cause to be referred to three impartial and competent persons. Each party shall be entitled to nº me one of the referees, and the court shall appoint the third, and in case ei her party shall fail to nomi- nate, the court shall do so for him. Sec. 842. There shall be four several terms of the Supreme Court held in each year, commencing as follows : - On the first Mondays of January, April, July, and October ; which said terms shall respectively be called the January, April, July, and October terms of the Supreme Court. The court may however hold special terms at other times, whenever it shall deem it essential to the promotion of justice. Sec. 843. The four regular terms shall be held at the Court House in the city of Honolulu : provided always, that the Chief Justice may, in case he shall deem it re- quisite by reason of war, pestilence, or other public calamity, or the danger thereof, order the same to be held at a different place, and it shall be so held until the order is revoked or a new place appointed. The several terms may be continued and held from the commencement thereof, until and including the fourth Saturday after the commencement of each term. Sec. 844. When neither of the justices is present at the time and place appointed for holding the court, whether at the beginning of a term or at any adjourn- ment thereof, it shall be the duty of the clerk of said Court, to adjourn the same from day to day, until one ot the justices shall attend, or until an order in writing shall be received from one them respecting such adjournment. Sec. 845. In case of the absence, or sickness, of the Chief Justice, or of a vacancy in that office, all the duties thereof, both at chambers and in banco, shall be per- formed during such absence, sickness, or vacancy, by the first Associate Justice, or such other justice as the King may appoint for the time. Sec. 846. The Chief Justice of the Supreme Court shall receive an annual salary of five thousand dol- lars; the first Associate Justice an annual salary of four thousand dollars, and the second Associate Justice an annual salary of two thousand dollars, which said salary shall be paid in monthly payments, out of the treasury of the kingdom. ART. XXXIII.-Of the Powers and Duties of the Justices of the Supreme Court at Chambers. Sec. 847. The Chief Justice of the Supreme Court is the Chancellor of the kingdom, and as such shall ssess all the powers incident to that office at common law. e shall have power at chambers to decree the foreclosure of mork tiges, and generally, to hear and determlne all matters in equity, bankruptcy, or admiralty : And the first Associate Justice shall act as vice-chancellor, and have full and concur- rent jurisdiction in all matters at chambers with said chan- cellor. Sec. 848. The several justices of the Supreme Court shall have power at chambers, to compel the attend- dance of parties and witnesses, and to compel the production of books, papers, and accounts, and take all other steps necessary for the promotion of justice, in the matters pending before them at chambers, in like manner as the Supreme Court may do in term time. Sec. 849. The said jnstices shall severally have power to issue warrants for the apprehension in any part of the kingdom, of any person accused under oath, of a crime or misdemeaner, and to examine and commit Buch person to prison for trial. Sec. 850. The justices of the supreme court shall have power to prescribe the rules of practice to be observed at chambers. Sec. 851. The several justices of the supreme court shall have the power at chambers, to grant probate of wills, to appoint guardians, and administrators, and again to compel all guardians, administrators, and executors, to perform their respective trusts, ſand to account in all respects for the discharge of their official duties. They may in case of moral unfitness, or other good and sufficient cause, remove any administrator, guardian, or executor, appointed by will or otherwise. Sec. 852. Said justices shall severally have power at chambers, to admeasure dower and partition real estate. When the dower in real estate cannot be set apart without great injury to the owners. the judge may ascertain the value of such dower in money, and order the same to be paid on such terms as shall be just and reasonable. When the par- tition of real estate cannot be made without great prejudice to the parties, the judge may order a sale of the premises and divide the proceeds. Sec. 853. Said justices shall severally have power at chambers, to grant divorces and separations, and decree alimony; to legalize the adoption of children ; and to decree of affiliation of bastards. Sec. 854. The several justices of the supreme court shall have power, subject to challenge for cause by either party, to select and impannel a special jury of inquiry of idiocy, lunacy, or de ventre inspiciendo, or in any other mat- qer to be tried before any of said justices of chambers, and they shall re-ceive and act upon the verdict of such jury as equity and good conscience may require. Sec. 855. The several justices of the supreme court shall have power at chambers, upon any sworn ap- plication made in writing, to issue writs of habeas corpus for inquiring into the cause of any alleged unlawful imprisonment or restraint, or of ad testificandum, and they may enlarge on bail persons rightfully confined, in all bailable cases. Sec. 856. Any justice of the supreme court, at chambers or in banco, upon the application of either party, may require either the plaintiff or defendant to give security for costs in any case, upon such terms and conditions as he may deem just. Sec. 857. The supreme court in term time, or the Chief Justice or first Associate Justice thereof at chambers, upon satisfactory proof that a fair and impartial trial cannot be had in any case pending in said court, or in any cir- cuit court, may, after hearing the opposite party, or without such hearing should he fail to appear after due notice, change the venue to some other circuit, and order the record to be transferred thereto. - Sec. 858, If at the time fixed for the hearing of any matter before a justice of the supreme court at chambers, he is absent, or unable to hear it, the same may be transferred by his order to some other justice of said court, who may be Willing to hear the same. Sec. 859. An appeal may be taken to the full court, in banco, from any decision, judgment, order, or de- cree, made by any justice of the Supreme Court at chambers, and said Supreme Court in banco shall have power to review, reverse, affirm, amend, modify, or remand for new hearing at chambers, such decision, judgment, order, or decree, in whole or in part, and as to any or all of the parties. Every such appeal shall be taken upon the record, and no new evidence shall be introduced in the court above : provided always, that the court above may in case evidence is offered, which is clearly newly discovered evidence, and material to the just decision of the ap- peal, admit the same. Nothing in this section contained shall be construed to permit an appeal to be taken from any order by any justice allowing any warrant, attachment, writ, or other process ; or for the taxation of costs ; or any other order of a like nature. ART. XXXIV.—Of the Clerk of the Supreme Court, Sec. 860. The clerk of the supreme court shall be appointed by the justices thereof, and hold his office subject to their pleasure. He shall have charge of the seal of the court, which shall be impressed upon all its process. He shall have power to issue process in all suits and matters brought before the Supreme Court, or before the Chief Justice or any Associate Justice thereof at chambers. He shall also have power to administer oaths, to take the depositions of witnesses, to assess damages upon notes, bonds, bills of exchange, orders, and other liquidated obligations, in all cases in which default shall have been made, or on reference by the court, and all other powers and duties in relation to the drawing of jurors, and in all other matters, which lawfully pertain to his office, or are necessary to the transaction of the business of the Supreme Court. He shall also be ear Qūicio a master in chancery. Sec. 861. He shall be sworn to the faithful dis- charge of all the duties of his office, by one of the justi- ces of the Supreme Court ; and before entering on the perform- ance of such duties, he shall give a bond to the Minister of Fi- nance, with one or more sufficient sureties, and in such sum as may be approved by the Supreme Court, conditioned for the faithful discharge of all his official duties. Sec. 862. He shall attend and record the proceed- ings of the court, and have the care and custody of all the records, books, papers, and moneys appertaining to the court or to his office, subject however, to the orders of the court. Sec. 863. In equity, admiralty, or maritime cases, and in all matters heard before any justice of the Supreme Court at chambers, the clerk shall attend and record such part of the proceedings as shall be directed by the court, either by general rules, or by special order of the justice hear- ing the case. Sec. 864. He shall keep in every book of records, an alphabetical list of the names of all parties to any suit or judgment therein recorded, with a reference to the page where it is recorded ; and where there are several persons, either plaintiffs or defendants, the name of every person, with a like reference, shall be inserted in its appropriate place in said list. Sec. 865. The justices of the supreme court shall inspect the doings of the clerk, from time to time, and see that the records are made up seasonably and kept in good order; and if necessary, said justices may employ a depu ty clerk, to assist, said clerk in keeping up his records, and in the discharge of his other duties. If th’ records are left incom- plete for more than three months at any one time, such neglect, unless caused by sickness or other good reason, shall be ad- judged a forfeiture of the clerk’s bond. Sec. 866. The clerk shall exhibit the records, at every term, to the justices of the supreme court, and at such other times as may be required by any justice, so that the court may have notice of any errors or defects in the keep- ing of the records, and may cause the same to be corrected. Sec. 867. In case of the absence or death of the clerk, his deputy shall act as clerk, until the clerk shall resume the discharge of his duties, or until another shall be appointed by the court. In case there be no deputy, the court shall appoint a clerk pro tempore, who shall receive for his services such compensation as the court shall think proper, to be paid from the appropriation for the standing clerk, or from the public treasury, as the court may direct, by order upon the Minister of Finance, out of any moneys not otherwise appro- priated. Sec. 868. The Clerk of the Supreme Court shall keep exact accounts of all fines, costs, and fees, re- ceived by him, and shall render quarterly accounts of the same, under oath, to the Minister of Finance. Sec. 869. The Clerk of the Supreme Court shall receive an annual salary of two thousand dollars, which shall be paid in monthly payments out of the treasury of the kingdom. CHAPTER XIV. OF THE CIRCUIT COURTS. Sec. 870. The kingdom shall be divided into four judicial circuits, as at present constituted, that is to Say: The first circuit shall consist of the Island of Oahu, whose seat of justice shall be at Honolulu; the second circuit shall consist of the Islands of Maui, Molokai, Lanai and Kahoolawe, whose seat of justice shall be at Lahaina, on the Island of Maui; the third circuit shall consist of the Island of Hawaii, whose seat of justlce shall be at Hilo and Waimea; the fourth circuit shall consist of the Island of Kauai and Niihau, whose seat of justice shall beat Nawiliwili, on the Island of Kauai. Sec. 871. The terms of the respective circuit courts shall be held as follows, that is to say: In the first circuit, on the first Tuesday of August in each year; in the second circuit, semi-annually, on the second Tues- day of June, and the second Tuesday of December; in the third circuit, on the first Tuesday of September in each year; in the |fourth circuit, on the first Tuesday of May in each year. Sec. 872. It shall be duty of one of the justices of the Supreme Court to attend and preside over each term of the Circuit Courts; and the expenses of any justice of the Supreme Court in attending, holding, and returning from any such court, shall be paid from the annual appropriation for the expenses of said courts. Sec. 873. If one of the Justices of the Supreme Court shall fail to attend any Circuit Court at the time at which it is appointed to be held, the sheriff or some cir- cuit judge shall open the court and adjourn the same from day to day; and if the said justice shall not attend before ten o’clock of the third day, such circuit judge or sheriff shall adjourn the court without day. Sec. 874. All persons bound to appear at any cir- cuit court, which shall have failed, as mentioned in the last preceding section, shall be bound to appear at the next term of said court. Sec. 875. The seals of the several circuit courts shall be those already devised, and now in use by said courts. Sec. 876. His Majesty the King, by and with the advice of the Privy Council, shall appoint a sufficient number of circuit judges, not exceeding three for each judicial circuit. Said circuit judges shall hold office during good be- havior, subject, however, to removal as provided in the Consti- tution. Sec. 877. Each circuit judge, when there is only one in a circuit, shall receive an annual salary of fif. teen hundred dollars, and shall make a regular tour of his cir- cuit at least twice every year, for the trial of appeals at cham- bers; and each circuit judge, when there is more than one in the circuit for which he is appointed, shall receive an annual salary of eight hundred dollars; which salaries shall be paid by month. ly payments, out of the treasury of the kingdom. Sec. 878. The circuit judges shall have power in their respective circuits, to hear and determine, at chambers, all appeals made to them by any party from the deci- sion of any district or police justice, within their jurisdiction. THE CIVIL CODE. Sec. 879. To constitute a circuit court, in either of the judicial circuits, at least one circuit judge of such circuit shall be associated on the bench with a justice of the Su- preme Court: provided, however, that in case of the inability of all the circuit judges of the circuit to attend, the Justice of the Supreme Court in attendance may hold the court alone. Sec. 880. The respective circuit courts shall have original jurisdiction to hear and determine all civil suits between individuals, or in which the government is plain- tiff, involving a greater amount of indebtedness or claim than one hundred dollars, and appellate jurisdiction in all such suits when the amount claimed does not exceed one hundred dollars. They shall have power to hear and determine all private actions arising within tº eir jurisdiction, sounding in consequential injury or damages, without limit as to amount of claim. They shall also have power to partition real estate; to grant writs of eject- ment and of possession; to admeasure dower; to affiliate bas- tards; to grant warrants of summary arrest and imprisonment; to restrain by writs of me ereat, injunction and attachment; to issue commissions for the examination of foreign or domestic witnesses; to depute the power of administering oaths; to change the venue of trial at the request of either party to any cause de- pending before them, to some other circuit; to grant continuances and postponements; to grant writs of habeas corpus; to enlarge prisoners on bail; to decree the annulment of the marriage con- tract, and grant divorces and separations, for legal causes, and decree alimony; and to decree the foreclosure of mortgages upon real estate or chattel property. Sec. 881. The criminal jurisdiction of the circuit courts shall be co-extensive with the circuits for which they are created. It shall be appellate from the district and police courts thereof in all cases cognizable before those courts, and original in all other cases, except of crimes punish- able by death, which shall be solely cognizable before the Su- preme Court. Sec. 882. The jurisdiction of the circuit courts shall not extend to the enforcement of maritime liens and hypothecations; but in all such cases the said courts, or any judge thereof at chambers, may grant process of attachment, seizure or arrest, returnable before the Chief Justice of the Su- preme Court sitting as a court of admiralty, and may summon the respondent to appear before the said Chief Justice to show cause. Neither shall the jurisdiction of said circuit courts ex- tend to actions instituted against the Hawaiian Government. Sec. 883. The respective circuit judges, in the sec- ond, third and fourth judicial circuits, shall have power at chambers, to grant writs of habeas corpus; to appoint guardians and administrators, and again to compel all guar- dians, administrators and executors, to perform their respective trusts, and to account in all respects for the discharge of their official duties. They may, in case of moral unfitness, or other good and sufficient cause, remove any administrator, guardian or executor, appointed by will or otherwise. The said judges shall severally have power to admeasure dower, and partition real estate, having the like discretion therein as is given to the Justices of the Supreme Court, in section 852. They shall also have cognizance of the probate of wills, and of the affiliation of bastards. Sec. 884. The respective circuit courts shall have power, from time to time, to make rules for regula- ting the practice and conducting the business of said courts, and for regulating the practice and conducting the business of the circuit judges of their several circuits, in all cases not expressly provided for by law; and thereafter to revise said rules at their discretion. Sec. 885. The sessions of the several circuit courts shall not extend during any one term beyond the period of fourteen days, and all causes not reached upon the calendar, or not within that period disposed of, shall be continu- ed to the next term of said court: provided, however, that the Chief Justice of the Supreme Court may order a special term of any circuit court to be held, whenever he may deem it essential to the promotion of justice. ART. XXXV.—Of the Clerks of the Circuit Courts. Sec. 886. The Justices of the Supreme Court shall appoint the clerks of the several circuit courts, who shall hold office during the pleasure of said Justices. Said clerks shall severally have the charge of the seals of their re- spective courts, and shall have power to issue all writs and pro- cesses required by the practice of said courts. Sec. 887. The said clerks shall attend all the said courts held in their respective circuits, and record their proceedings, and shall have the care and custody of all re- cords, books and papers appertaining to their respective offices, and filed and deposited therein. Sec. 888. The clerks of the several circuit courts shall each be sworn to the faithful discharge of his duties, and give a bond to the Minister of Finance, to be approv- ed by one of the Justices of the Supreme Court, in the sum of five hundred dollars, with one or more sufficient sureties, condi- tioned for the faithful discharge of his official duties. Sec. 889. Each circuit court clerk shall keep an exact account of all fees and costs received by him, and shall, quarterly, render a faithful account of the same, un- der oath, to the Minister of Finance. Sec. 890. In keeping their records they shall be overned by the rules prescribed in that respect for the clerk of the Supreme Court. Sec. 891. The clerks of the several circuit courts shall receive for their services an annual salary of two hundred and fifty dollars each. CHAPTER XV.—OF THE ISLAND COURTS NOT OF RECORD. ART, XXXVI.-Of the Police Courts. Sec. 892. One of the district justices appointed for the first district of Oahu shall, by appointment, be Police Justice for the port of Honolulu; and one of those appoint- ed for the first district of Maui, shall be Police Justice for the port of Lahaina; and one of those appointed for the first district of Hawaii, shall be Police Justice for the port of Hilo. Sec. 893. The several police justices shall, in all cases, preserve in written detail, the minutes and proceedings of their trials, transactions and judgments. They shall have original jurisdiction of torts and of wrongs arising upon the high seas; and upon the waters within His Majesty's maritime jurisdiction, and of controversies arising between the masters and crews of vessels, domestic or foreign, not however to interfere with the jurisdiction of foreign consuls under treaty stipulations, and in cases of felony committed upon the high seas, they shall have jurisdiction to examine and perpetuate the evidence thereof, to commit the accused for probable cause, and to certify the facts and reasons of such commitment, to be used in evidence abroad, upon the remission of the offender to his domestic forum. They shall have exclusive original jurisdiction, within their respective districts, over all police cases proper, and over all cases where the amount of property in dispute shall not exceed one hundred dollars, wherein one or both of the parties are foreigners. Their criminal jurisdiction shall be co-extensive with their respective circuits, for the purpose of the arrest, ex- amination, commitment, and enlargement of parties accused. Sec. 894. The said police justices, when applied to and tendered the costs of process, shall issue sum- mons to any party or parties defendant, within their respective jurisdictions, commanding such party or parties to appear and show cause why judgment should not be rendered upon the plaintiff’s demand. If a defendant so summoned do not appear at the time and place cited in such summons, the oath of the officer that it was duly served upon the defendant personally, shall authorize the justice, if-the claim be upon a note due, to render judgment therefore, and for the costs, as by default, with- out further proof; if upon an account or book debt, he shall take ear parte proof that the debt honestly accrued, and render judg- ment accordiug to the evidence, ea, parte upon default; if upon a contract, agreement or promise, written or verbal, other than a note or book debt, the justice, if the defendant has been per- Sonally served with summons, and do not appear at the time set, shall, upon hearing the plaintiff’s evidence ear parte, award judgment for default of appearance, according to the right of the matter involved. If the defendant appear and deny the liability, the justice shall allow him full latitude to show cause, and for this purpose may grant sufficient time by adjournment, may subpoena witnesses and compel their attendance by attachment, and shall decide the matter at issue between the parties, allow- ing any offsets in deduction of a plaintiff’s demand, that may have been proven by a defendant, and in case such offsets ex- ceed the plaintiffs demand, he shall render judgment for such excess in favor of the defendant. Sec. 895. The summons so to be issued by the police justices, shall contain a notification to the de- fendant. that if he fails to attend at the time and place of trial designated in the summons, judgment will be rendered against him ear parte, by default. Sec. 896. Each of said justices shall keep a docket, in which he shall enter every cause by him deter- mined, with the substance of the testimony and facts upon which his decision rests. He shall conclude each case with the partic- ular nature of the judgment or decision rendered; and in civil cases the amount thereof, if in money, or the object thereof, if not sounding in money. Sec. 897. Upon sworn complaint being made, in writing, to either of said justices, by a party plaintiff, or some person on his behalf, setting forth that his demand was contracted in a fraudulent or deceitful manner, or upon false or unfounded pretences by the debtor, or that the debtor having honestly contracted the debt or obligation, seeks to avoid the payment thereof, by secreting his property, or by intention to transfer the same to some third person with that object, or is about to remove his property out of the district, or if not triable before the police justice, that he is about to remove it from the circuit, or is eluding the service of summons, or is about to quit the circuit, said justice may issue an attachment against the property of such debtor at the suit of the plaintiff, which may by in the following form : To any constable of the district of —, Island of —, H.I.: You are commanded to attach and safely keep the property of , if any can be found within this district, subject to the order of this court, (or other court as the case may be) at the sworn information and suit of —, plaintiff, to answer to a debt (or obligation, as the case may be) alleged to be due him from said – ; and having so attached, you are further commanded to summon the said —, if he can bc found in this district, to appear and answer the complaint and demand of said plaintiff, before me at —, on the – day of —, (or before another court, as the case may be, stating the time) and then and there show cause, if any he has, why judgment should not be render- ed against him, and the property attached subjected to execu- tion, levy and sale, for the payment of said demand, interestand costs. - Notify the said —, that upon default to attend at the time and place above mentioned, judgment will be rendered against him ear parte by default. Given under my hand this — day of —, 18–. , Police Justice. Sec. 898. In case such sworn application be made to either of said justices, in any matter of indebted- ness greater in alleged amount than one hundred dollars, the summons and attachment shall be made returnable to the Cir- cuit or Supreme Court, and the constable shall return the same to the court. In any such case, it shall not be lawful for the justice to issue attachment, until the applicant shall have de- posited with him a bond in a penal sum at the discretion of the justice, with one or more sureties to be approved by said justice, conditioned for the payment of all the costs of the proceeding, both on the part of the plaintiff and the defendant, the costs of court, and the damages sustained by the defendant, by reason of the attachment, in case the plaintiff shall not duly appear and substantiate the truth of his complaint, at the return of the writ, or in case the attachment shall be disolved before that time, by order of a justice of the Supreme Court at Chambers. Sec. 899. In case such application be made for at- tachment to an amount not exceeding one hundred dollars, the summons and attachment shall be returnable within ten days after summons served, before the justice issuing the same, and shall be by him dissolved, in case the applicant fail to establish his claim, on appearance and contest of the merits by the defendant; but in case the defendant make default, or ap- pearing, the plaintiff substantiate his demand, the property at- tached shall be liable to execution at his instance, and shall be levied on, advertised and sold, as in other cases, subjoct to the right of appeal, and subject to the rights of property in third persons. Sec, 900. Every attachment issued as aforesaid, shall be imposed by placing the property in security without removing the same from defendant’s premises, except for greater safety. The officer so attaching shall take an inven- tory thereof, and append a copy of the same to his return of the attachment. He shall also furnish a copy of the inventory to the defendant, and if the property attached be lands or tene- ments, post in a conspicuous place upon the premises, a public notice of the following import: These premises are attached by virtue of a writ from — —, Esquire, Police Justice of , returnable at , on the – day of —, at the suit and complaint of — — for —--— dollars. Dated — day of , 18–. Which notice, if the attachment be dissolved by a Justice of the Supreme Court at Chambers, or by non-appearance of the plaintiff on the day indicated for return, or by failure to sustain his claim by satisfactory proof, or by the recovering of an offset balance by the defendant, shall be removed from the property. If the property attached be removable, the said constable shall post in three conspicuous places within the district, a notice as follows: By virtue of a writ from — —, Esquire, Police Justice of , returnable at , on the – day of , at the suit of — —, for dollars, I have attached, subject to a demand to be proved, the following articles of property, viz. —, . All persons having rights in said property are notified to prove their claims on or before the return day above named. Dated — day of —. 18–. - In case the attachment and summons be returnable at the Cir- cuit or Supreme Court, the sheriff of the island shall, in addition to the above local notice from the constable, post the like notice, signed by him or his deputy, in three public places at the seat of such court. Sec. 901. Upon application made to either of said justices, under oath, showing good and satisfactory reasons for believing that any person within his district is wrong- fully secreting property of another, or of his own, to the preju- dice of another, and upon bond to the said suspected persol. filed with said justice as in the next succeeding section prescrib ed, said justice shall have power to grant a warrant to search the person or premises of said suspected person, and to take the property secreted by him, for some judicial purpose to be stated in the application, and the legality of which shall be determined by said justice. Said warrant may be in the following form:— To any constable of the district of —, Island of —, H. I.: Information having been given to my satisfaction, by the oath of - -, that -- -, residing or being in said district, is wrongfully secreting (here specify the property, if possible) belonging to said informant, (or any other person for whom he applies) with intent to defraud the said informant, (or other per- son in whose behalf he applies) and the said — — having deposited a bond, with approved security, conditioned to answer the said —, for all damages, costs and charges to arise in con- sequence of his act in this respect, if adjudged to be a wrongful trespass. You are commanded to search the person and premises of the said – —, to discover, if possible, the property aforesaid, and for that purpose, if necessary, to break locks, doors and bolts; and if opposed, to secure the persons opposing, until you shall have completely searched his person and premises. And having found, to safely keep the same, to the end that justice may be done to the said — —, in the premises. You are also further commanded to apprehend the said – ——, and to bring him forthwith before me, to answer to an al- legation of (wrongful, fraudulent or felonious, as the case may be) concealment, as alleged against him by the said — — . Make return of this writ, and of your proceedings thereon, with all convenient speed. - - Given under my hand this — day of ——, 18–. , Police Justice. Sec. 902. The bond so required to be given shal be in such penal sum, and with such surety or sure ties, as the justice shall approve, and shall be conditioned fo the payment to the party complained against, of all lawful dam." ages costs and charges, wrongfully sustained by him in conse- quence of the warrant and search, or of the taking of the prop- erty, that shall be awarded to him. Sec.903. The saidjustices shall not have power to try actions for slander, libel, defamation of character, ma- licious prosecution, breach of promise of marriage, false impris- onment, or seduction. Neither shall they have jurisdiction to try and determine any crime or misdemeanor which the laws of this kingdom require to be tried by a jury; but they shall have power, subject to appeal, to try without a jury, and to render and enforce judgment, in all cases of crimes and misdemeanors coming within their jurisdiction. - Sec. 904. In all cases of crimes or misdemeanors, in which a warrant of arrest shall be issued by either of said justices on the information of some person cognizant thereof, such information shall be verified by the oath of the in. formant, that he has knowledge of, or reason to believe, the com- mission of such crime or misdemeanor, by some person whose name or description, if possible, shall be alleged in the informa- tion, as well as the place where the violation of the law took place, and the names of the witnesses, if any. Such warrant of arrest may be in the followfng form: To any constable of the district of —, Island of —, H. I.: You are commanded on the information of — , veri- fied by oath, forthwith to arrest and take the body of — —, accused of , if he can be found; and forthwith have his body before me at my office in . , at any time between the hours of — A. M. and – P. M., (to answer to the said ac- cusation, or to show cause why he should not be committed for trial at the Circuit or Supreme Court, as the case may be). And you are also commanded, having arrested the said – º –--, to summon as witnesses of accusation –—, if they can be 24. THE CIVIL COL) E. found, and to Iuake due return of your proceedings upon this writ. Given under my hand this — day of —, 18–. , Police Justice. Sec. 905. In all cases of arrest for crimes or mis- demeanors cognizable before a jury, the magistrate in whose jurisdiction or on whose warrant the accused was ar- rested, shall, upon the bringing up of the accused, proceed to consider whether there is probable cause to believe that a Jury would upon the evidence adduced, convict the accused of the oſ- ſense with which he is changed. Said justice shall reduce to writing the substance of the evidence adduced, with the names of the witnesses, and if in his opinion the tastimony do not war- rant commitment for trial, he shall release the prisoner, noting that fact upon his docket ; but if in his opinion there is proba- ble cause to believe that conviction would take place before a jury, he shall make out, and deliver to a constable a mittimus, which may be in the following form : To —, or any other constable of the district of —, Island of y H. I. : It appearing to my satisfaction, that there is reason to believe that — --—, who was arrested for , on the information of — —, (or otherwise as the case may be) would be con- victed upon the indictment for the said offense. You are commanded to deliver him, the said , to the Sheriff of the Island of —, or his deputy, who is hereby au- thorized to commit him to the jail of said Island, for trial (at the Bupreme or Circuit Court, as the case may be) and have you then and there this writ, with full return of your proceedings thereon. Given under my hand this — day of —, 18–. , Police Justice. Sec. 906. Neither of the said justices shall have power to determine any civil matter required by law to be tried by jury, nor to appoint referees in any cause. Sec. 907. Any person indebted to another, or liable to another in law, for money to an amount not exceeding five hundred dollars may, with or without suit first instituted against him, appear in person, or by duly empowered attorney,be- fore either of said justices, and there confess judgment against himself and his property, for such sum with costs. And the justice shall, in every such case, enter up judgment in the same man- ner as if he had rendered the same upon default, or upon evi- dence of indebtedness, and issue execution thereon in like man- ner, and with the like effect : provided, that no such judgment confessed without suit shall have the effect in law to cover or conceal the property of a debtor, nor take precedence of other judgments subsequently rendered, if it appear that the same was collusively or fraudulently confessed, or confessed without legal consideration, or with the view of giving fraudulent and undeserved precedence to one creditor over another. Sec. 908. No judgment rendered in either of said justices' courts, shall be a lien upon real property, until a transcript thereof, certified by such justice, shall have been docketed in the office of the clerk of the Supreme Court. Such justice's judgment shall be a lien upon the moveable prop- erty of the defendant in execution, not exempted by law from levy, from the time, and according to the priority of levy. Sec. 909. The said justices shall have power to ad- minister oaths, to perpetuate testimony under com- missions issued to them from other justices or judges of the same or any other island, and to issue commissions for the per- petuation of testimony to be used in controversies depending be- fore them. - Sec. 910. The said respective justices shall, on complaint of the government, or of any party con- ceiving himself aggrieved, be liable to mandamus, prohibition or injunction, from any of the courts of record. Such manda- mus, prohibition or injunction, shall be, on pain of removal from office, as provided in the Čonstitution. Sec. 911. The Police Justice of Honolulu shall re- ceive for his services, an annual salary of two thous- and dollars ; the Police Justice of Lahaina, an annual salary of twelve hundred dollars; and the Police Justice of Hilo, an an- nual salary of one thousand dollars ; to be paid in monthly pay- ments from His Majesty's treasury. ART. XXXVII.-Of the District Courts. Sec. 912. For judicial purposes the kingdom is divided into districts, the boundaries of which are the same as those of the taxation districts, more particularly de- scribed in section 498. Sec. 913. The respective governors, by and with the advice of the justices of the Supreme Court, shall appoint one or more district justices, not exceeding two, for each of the districts in their respective jurisdictions. Sec. 914. Said justices shall hold office for the term of two years from the date of their appointment, sub- ject to removal as prescribed by the Constitution; and upon the expiration of the commission of any such justice, the same shall be renewed or another person appointed, as shall most conduce to the well being of the kingdom. Sec. 915. Each of said district justices shall have jurisdiction, subject to appeal, to hear and determine all civil cases wherein the property involved in controversy, or the amount of the plaintiff's demand, does not exceed one hun- dred dollars, in which the party defendant is resident, or for the time being is found, within his district, whether the parties be natives or foreigners, except that in any district where there is a police justice, the district justice shall not have jurisdiction in any case in which either party is a foreigner by birth. , Sec. 916. Each of said justices shall have jurisdic- tion to hear and determine, subject to appeal, all cases of offenses against any law of his kingdom wherein the fine shall not exceed one hundred dollars, in which the party prose- cuted is resident, or for the time being is found, within his dis- trict, except that in any district where there is a police justice, the district justice shall not have jurisdiction in any case where. in the party accused is a foreigner by birth. Nothing in this section, cºntained shall be held to alter or extend, the jurisdic- tion conférred upon district justices by the fifty-third chapter of the Penal Code. - Sec. 917. Every district justice shall have power to issue a warrant, for the arrest and examination of any person charged with an offense not within his jurisdiction, where the party accused is resident, or for the time being is found, within his district, and upon satisfactory evidence of the probable guilt of such person, to commit him to prison for trial at the ensuing term of the Supreme Court, or the Circuit Court of the island. Sec. 918. In all cases of commitment for trial by any district justice, he shall forward without delay, to the district attorney of the island where the trial is to take place, a transcript of the evidence upon which the commitment is founded. Sec. 919. Every district justice shall have all the necessary powers in and for the administration of justice, in all cases coming within his jurisdiction. He shall not be confined to forms, nor shall he be compelled in any case to preserve any other record of his proceedings, than the mere con- clusion, determination, or judgment, at which he may arrive. Sec. 920. The district justices shall not have power to try actions for slander, libel, defamation of char- acter, malicious prosecution, breach of promise of marriage, false imprisonment, or seduction; and all the provisions ef section 903, shall be applicable to said district justices as well as to police justices. Sec. 921. Said justices shall have power to cite parties by oral message or in writing, and in like manner to cite witnesses from any place within their respective judicial circuits, and taking equitable consideration of the con- troversy depending before them, to render judgment according to law. They shall also have the like power to grant adjourn- ments, as is conferred by law upon police justices. Sec. 922. The several district justices shall receive for their services, such compensation as the Legisla- ture shall from time to time determine and appropriate; provided, however, that hereafter, upon the appointment of any district justice, it shall be lawful for the governor appointing him, with the approval of the justices of the supreme court, to provide that such justice shall receive as compensation, in lieu of a fixed sal- ary, all the costs of court accruing and collected in cases tried before him. Sec. 923. In case of the illness, or temporary ab- sence, of any district justice, some other person may be appointed in the manner prescribed in section 913, to per- form his duties for the time being. Sec. 924. Nothing contained in this article shall be construed to prevent one person from being ap- pointed district justice for more than one district. CHAPTER XVI.-OF PROCEEDINGS IN SPECIAL CASSES. ART. XXXVIII.-Of the Settlement of Disputes by J1 rbitration. Sec. 925. All controversies, which might be the subject of a personal action at law, or of a suit in equity, may be submitted to the decision of one or more arbi- trators, in the manner provided in this article. Sec. 926. The parties to any such controversy may agree in writing, to submit the same to the decision of one or more arbritrators, named in the agreement, or to be appointed in such manner as the parties shall agree upon, stip- ulating that the award of such arbitrators when rendered, shall be entered up as a judgment of any court of record, or police court, of the kingdom, mentioned in such agreement. Sec. 927. The parties shall appear personally, or by attorney, before the police justice, or any justice of the court of record, agreed upon, and npon their acknowledging the execution of the written submission, and producing the same, before such justice, he shall cause the same to be entered as a rule of court ; after which neither party shall have a right to revoke the submission, without the consent of the other. Sec. 928. All the matters submitted to the decision of the arbitrators, shall be specified in the agree- ment of submission, or in a written statement annexed thereto. Sec. 929. The parties may stipulate in the agree- ment of submission, as to the time within which the award is to be made and reported to the court, and no award made after that time shall be held to bind the parties, unless by their mutual consent before the court. Sec. 930. The arbitrators shall give notice to the parties of the time and place appointed for hearing, and if either of the parties shall neglect to appear before the arbitrators, after due notice, the arbitrators may proceed to hear and determine the cause, upon the evidence produced by the other party. Sec. 931. All the arbitrators must meet and hear the parties, but a majority of them may make the award, which shall be as valid as if signed by all of them, un- less the concurrence of the whole be expressly required in the submission. Sec. 932. The award shall be delivered by one of the arbitrators, to the police justice, or to the clerk of the court of record, by whom the submission was made a rule of court. Sec. 983. If there is no provision in the submis- sion, concerning the costs of the proceedings, the arbitrators may make such award respecting the costs, as they shall judge reasonable, including a compensation for their own services ; but the court may reduce the sum, charged for the compensation of the arbitrators, if it shall appear to the court unreasonable. Sec. 984. Upon the coming in of the award, either party, may, after four days notice to the other party, move the police justice, or any justice of the court of record, as the case may be, to cause the award to be entered up as a judgment of court ; and unless the other party shall satisfy the justice, that the award has not been made in accordance with the terms of the submission, or that it has been made by collusion or fraud, he shall cause the same to be entered up as a judgment of court; but if the opposing party sustain his objec- tions to the satisfaction of the justice, he shall declare the award null and void. Sec. 935. After such award has been entered up as a judgment of court, execution may be issued thereon as in other cases. Sec. 936. Any party deeming himself aggrieved, by the decision of the justice before whom motion is made for judgment upon the award, may take an appeal to the Supreme Court, in banco, upon filing writted notice of his in- tention so to appeal, within five days after the rendition of such decision. ART. XXXIX.-Of the Trial of Causes wr, Case of the Disqualification of the Circuit Judges' Police and District Justices. Sec. 937. When for any cause any police or dis- trict justice is legally disqualified to hear and deter- mine any case, civil or criminal, which would by law come under his jurisdiction, the same may be brought by direct suit or complaint, before any circuit judge of the circuit in which such police or district justice holds office, to be heard and de- termined by such circuit judge, in like manner as if it had been brought before him by appeal. The same costs shall be charged in such case, as would have been charged if the suit had been brought before the police or district justice. Sec. 938. When any party deems himself aggrieved by the decision of any police or district justice, in any case, civil or criminal, and the circuit judge to whom ap- peal might be taken, is legally disqualified to hear and deter- mine the case, said party may take an appeal direct to the Su- preme Court, or to the Circuit Court of the circuit in which he resides, upon conforming to the conditions upon which appeals may be taken to a circuit judge at chambers. ART. XL.—Of Summary Proceedings to Recover Possession of Land in Certain Cases. Sec. 939. When any lessee of any lands or tene- ments, or any person holding under such lessee, shall hold possession of the demised premises, without right, either by its own limitation or by a notice to quit of at least ten days, the person entitled to the premises may be restored to the possession in the manner hereinafter provided. Sec. 940. The person entitled to the possession of the premises may apply to any police or district just- ice for a writ, in the form used for an original summons in com- mon civil actions before such justices, in which the defendant shall be summoned to answer the complaint of the plaintiff, for that the defendant is in the possession of the lands or tene- ments in question, describing them, which he holds unlawfully, and against the right of the plaintiff, and no other declaration shall be recognized. Sec. 941. Such summons shall be served either : 1. By delivering to the tenant, to whom it shall be directed, a true copy thereof, and at the same time showing him the original, or, 2. If such tenant be absent from his last or usual place of residence, by leaving a copy thereof at such place, with some person of mature age residing in the premises. Sec. 942. The summons shall be returnable with- in such time as shall appear reasonable to the just- ice, not less than three, nor more than five days ; and the suit shall be conducted like other civil actions before such justices. Sec. 943. If the defendant shall be defaulted, or if on the trial it shall be proved to the satisfaction of the justice, that the plaintiff is entitled to the possesion of the premises, he shall have judgment for the possession thereof, and for his costs, and execution shall issue accordingly. The writ of possession shall issue to the Marshal, or to any sheriff or constable of the city or district where the premises are situated, commanding him to remove all persons from said premises, and to put the plaintiff or his agent, into the full pos- Bession thereof. Sec. 944. The officer to whom such warrant for de- livering possession shall be directed and delivered, is hereby required to execute the same according to the tenor thereof. Sec. 945. Whenever a warrant shall be issued as aforesaid for the removal of any tenant, the contract for the use of the premises, if any such exists, and the relation of landlord and tenant between the parties, shall be deemed to be cancelled and annulled. Sec. 946. The issuing of such warrant of removal shall be stayed in the case of a proceeding for the non-payment of rent, if the person owing such rent, shall, before such warrant be actually issued, pay the rent due, and all the costs and charges of the proceedings; or give such security for the payment thereof, within five days, as shall be satisfactory to the justice, or to the plaintiff. Sec. 947. Any justice before whom a suit may be pending for the recovery of premises may, upon the request of either party, adjourn the hearing of the suit, for the purpose of enabling such party to procure his witnesses, when it shall appear to be necessary ; but such adjournment shall, in no case, exceed five days. Sec. 948. Either party may appeal from the judg- ment of the justice, at any time within twenty-four hours after the entry of the judgment, to any circuit judge, or to the Supreme Court ; but the appellant shall, before the al- lowance of his appeal. file with the justice a bond, with suf- ficient surety or sureties, to the adverse party, in the sum of one hundred dollars, with condition to prosecute his appeal without delay, and to pay all the costs arising from the appeal, in case the decision of the justice is affirmed. Sec. 949. When the defendrint is proceeded against for the non-payment of rent, and the justice decides THE CIVIL CODE. that the plaintiff should have possession, the defindant shall not be allowed to keep possession and take his appeal, unless he first gives a bond to the plaintiff, with good and sufficient surety or sureties, to pay all rent that may accrue and become due after the appeal. provided it shall be finally determined that the plaintiff was entitled to the possession. Sec. 950. If any tenant, being in arrear for rent, shall desert the demised premises, and leave the same unoccupied and uncultivated, any police or district justice may, at the request of the landlord, and upon due proof that the premises have been so deserted, by such tenant, leaving rent in arrear, go upon and view said premises : and upon being satisfied, upon such view, that the premises have been so deserted, he shall affix a notice in writing upon a conspicuous part of the premises. requiring the tenant to appear and pay the rent due, at some time in the said notice specified, not less than ten, nor more than thirty days after the date thereof. Sec. 951. At the time specified in such notice, the justice shall again view the premises, and if the ten- ant shall appear and pay the rent, or deny that any rent is due to the landlord, all proceedings shall cease. If, upon the second view, the tenant or his agent shall not appear and pay the rent in arrear. or deny that any rent is due, then such justice may put the landlord into possession of the premises; and any demise of the premises, to such tenant shall, from thenceforth, become void. Sec. 952. An appeal from the proceedings of any justice under the last two preceding sections, may be taken by the tenant to any circuit judge at chambers, or to the Supreme Court, at any time within one month after posses- sion delivered, by serving notice in writing thereof upon such justice, and by giving a bond in the sum of one hundred dol- lars, with good and sufficient sureties, to be approved by the justice, to pay to the landlord all costs of such appeal which may be adjudged against the tenant ; and thereupon such just- ice shall send up a copy of the proceedings had before him, within ten days ::fter appeal. ART. XLI.-Of the Arrest of Debtors. Sec. 953. Upon a complaint verified by the oath of the plaintiff in any suit, or some person on his be- half, being filed with the clerk of any court of record, or before any police court, in this kingdom, stating that a defendant has contracted a debt in a fraudulent manner, or seeks to evade the payment.of any debt, or any other liability due to such plaintiff, by secreting his property. or by transferring, or in- tending to transfer the same to any third party, or is about to remove the same out of the jurisdiction of such court, or is about to quit the kingdom, it shall be lawful for such court, upon the filing of the bond hereinafter provided, to issue process for the arrest and detention of such defendant, until he shall have en- tered into security, with sufficient sureties, to abide the result of such suit, and to pay the amount of such judgment as shall be rendered thereon : provided, however, that no such process of constraint shall be issued by such court until such plaintiff, or some person on his be:alf, shall have filed a sufficient bond, in a reasonable amount for the re-imbursement to such defend- ant, of all damages and costs which he shall sustain in conse- quence of such arrest, in case the plaintiff shall fail to sustain such suit. Sec. 954. Whenever any defendant, in one or more civil actions, is arrested and imprisoned as a frandu- lent debtor, the expense of supporting such defendant during his imprisonment, shall be borne by the party or parties at whose suit he has been arrested. Sec. 955. For that purpose, the party or parties at whose suit the defendant has been arrested, shall pay to the officer having him in custody, the sum of fifty cents per diem, and in case the allowance for the defendant's support is unpaid at any time for more than ten days, the officer having the defendant in custody shall release him from imprisonment. ART. XLII.-Of the Garnishee Process, to Facilitate the Collection of Debts. Sec. 956. Whenever the goods or effects of a debtor are concealed in the hands of his attorney, agent, factor or trustee, so that they cannot be found to be attached or levied upon, or where depts are due from any person to a debtor, any creditor may bring his action against such debtor, and upon giving bond in a sum to be approved by the court, or any justice thereof, if a court of record, conditioned to answer all costs and damages sustained by such attorney, agent, trustee or factor, in case the plaintiff shall fail to sustain his suit and to recover therein, in his petition for process may request the court to insert therein a direction to the officer serving the same, to leave a true and attested copy thereof with such attorney, agent, factor or trustee, or at the place of his or their usual place of abode, and to summon such attorney, agent, factor or trustee, to appear upon the day or term mentioned and appointed in said process for hearting the said cause, and then and there on oath to disclose whether he has, or at the time said copy was served, had any of the goods or effects of the defendant in his hands, and if so, the nature, amount and value of the same, or is indebted to him, and the nature and amount of such debt; which summons and direction shall be signed and issued in the same manner as summons are usually issued in civil actions, and shall be served by the officer ac ording to such direction ; and from the time of leaving such copy, all the goods and effects in the hands of such attorney, agent, factor or trustee, and every debt due from such debtor to the defendant, shall be secured in his hands to pay such judgment as the plaintiff shall recover, and may not be otherwise disposed of by such attorney, agent, factor or trustee, and such notice shall be sufficient notice to the defendant to enable the plaintiff to bring his action to trial, unless the defendant be an inhabitant of this kingdom, or has some time resided therein, and then a like copy shall be served personally upon him, or left at his last and usual place of abode. Sec. 957. Such attorney, agent, factor or trustee, upon his desire, shall be admitted to defend his prin- cipal in such suit, and if judgment be rendered in favor of the plaintiff, all the goods and effects in the hands of such attorney, agent, factor or trustee, and the debt due from such debtor, or such part thereof as may be sufficient for that purpose, shall be liable to pay the same, and the plaintiff, on praying out execution, may direct the officer serving the saune to make demand of such attorney, agent, factor or trustee, of the goods and effects of the defendant in his hands, whose duty it will be to expose the same to be taken on the execution, and also to make demand of such debtor for any debt, or such part thereofas may satisfy said judgment, as may be due to the defendant, and it shall be the duty of the said debtor to pay the same; and if such attorney, agent, factor or trustee, shall have in any manner disposed of the goods and effects of his principal which were in his hands when the copy of the writ was left with him, and shall not expose and subject them to be taken on execution, or if such debtor shall not pay to the officer, when demanded, the debt due to the defendant at the time the copy of the writ was left with him, such attorney, agent, factor, trustee or debtor, shall be liable to satisfy such judgment out of his own estate, as his proper debt, if the goods, or effects, or debt, be of sufficient value or amount ; if not, then to the value of such goods or effects, or to the amount of such debt. Sec. 958. If the said attorney, agent, factor, trustee or debtor, fail to appear upon the day and hour of hearing named in the summons or writ above mentioned, or if, having appeared, he refuse to disclose upon oath whether he has goods or effects of the defendant in his hands, and their nature and value, or whether a debt is due from him to the debtor, and its amount, the case shall proceed to trial; and if the plaintiff recover a judment, execution shall issue, at his re- quest, against the estate of such contumacious attorney, agent, factor, trustee or debtor, for the amount of such judgment, as his own proper debt, and the lawful costs ; provided, that if it appear on the trial that the goods and effects are of less value. and the debt of less amount, than the judgment, recovered against the debtor, judgment shall be rendered against gar- nishees to the value of the goods or the amount of the debt. And if it appears that the garnishee has no goods or effects of such debtor in his hands, or is not indebted to him, then he shall recover his lawful costs. But if he appear, and on oath disclose fully whether he has hands the goods or effects of, or is indebted to the defendant, and it appears to the court that he has no such goods or effects. or is not so indebted, then judg- ment shall be given for him, and he shall recover his lawful costs. Sec. 959. If upon disclosure made on oath by such debtor, it appear that such garnishee is indebted to the defendant, but that such debt is not payable, and become due until some future time, then such judgment as the plaintiff may recover shall constitute a lien upon such debt, until and at the time it shall fall due and payable. Sec. 960. The taking of any goods or effects of any debtor, or of any debt due him as aforesaid, by pro- cess and judgment of law, out of the hands of his attorney, agent, factor, trustee or debtor, by any of his creditors, shall forever discharge him or them from any suit or demand for the same. Sec. 961. The provisions of this article, and the powers conferred therein, shall extend to all the common law courts of this kingdom according to their jurisdic- tion, as at preshnt or in future organized. ART. XLIII.-Of Proceedings in Bankruptcy. Sec. 962. Every person owing debts to the amount of two thousand dollars, who shall refuse or fail to make payment of any of his just demands, for ten days after the same shall have matured, and been presented for payment to him or to his agent, or who shall depart the kingdom with the intent to defraud or delay his creditors; or secrete himself, or keep his house to avoid his creditors, or the service of legal process for the collection of any debts; or make any fraudulent conveyance of his property to a friend or secret trustee, or make any secret removal or other disposition of his property for the purpose of delaying or defrauding any creditor, may upon petition to any justice of the Supreme Court by any one creditor to the amoun of four hundred dollars, or by any two or more creditors, the sum of whose debts shall amount to one thousand dollars, be declared bankrupt: provided, however, that every such persom owing debts to the amount of one thousand dollars, which shall not have been created in consequence of a defalcation as a public officer, or as executor, administrator, guardian or trustee, or while acting in any other fiduciary capacity, may, upon find- ing himself insolvent, appear before any justice of the Supreme Court, and upon making oath of suchinsolvency, declare himself a bankrupt. Sec. 968. Every petition to declare a person a bankrupt, shall be verified by oath ; state as near as may be the amount due to the petitioner or petitioners ; and the act or acts of bankruptcy relied on. The person or persons making such petition shall give a bond, in the penalty of at least two thousand dollars, or in a larger sum, if the justice shall think it just, conditioned for the payment of all the costs of the proceedings, and damages to the party petitioned against, in case he or they fail to prove him a bankrupt. Sec. 964. Upon receiving such petition and bond, or when any insolvent shall come before any justice of the Supreme Court, and declare himself abankrupt, as pro- vided in section 962, the justice shall issue an or fer to the Marshal, or to the Sheriff of the island, to take pcssession cf the debtor's property, and to put his store-houses, counting- houses, effects, books and papers, under lock and seal, and such order shall be full authority for so doing. Sec. 965. After issuing such order, the justice shall fix a time when he will hear the parties at chambers, and decide the quostion of bankruptcs, where the same is dis- puted. He shall cause such previous notice of the time for hearing as he may deem reasonable, to be published in the Government Gazette. A party petitioned against shall, in all cases, be served with a summons to attend, and a copy of the petition, if he be within the kingdom. Sec. 966. At the time appointed for the hearing of the parties, the justice shall proceed to take testi. mony that the petitioners are creditors, and that the debtor has committed an act of bankruptcy. After hearing all the testi- mony, both on the part of the petitioners and the debtor, he shall give his decision ; and if it be in favor of the debtor, his property shall be immediately released from custody. Sec. 967. Whenever any person shall declare him- self a bankrupt, or shall be adjudged a bankrupt by the justice, notice of such bankruptcy shall be given in the Gov- ernment Gazette, and notice shall also be given for three conse- cutive weeks, in said Gazette, calling upon all creditors of the debtor to appear before the justice, at such time or times as he may appoint, to prove their debts. Sec. 968. Debts may be proved before the justice by the oath of the creditors, but when the debtor or any creditor shall dispute the amount claimed, the justice shall compel the claimant to prove his debt by testimony independent of his own oath. Sec. 969. Debts not due may be proved before the justice, allowing a discount for interest; and all per- sons who are endorsers or sureties for the debtor, or who have demands against him as drawer or endorser of any note, and all who have i. upon any bottomry or respondentia bond, or for a debt that may become due upon any other contingency whatever, may be considered as creditors within the provisions of this article: provided, that the bill, note, bond or other con- tract, be made by the debtor before the bankruptcy committed; and that the debt demanded thereupon shall become absolute before the final dividend of the bankrupt's estate. Sec. 970. When it shall appear to the justice that there are absent creditors, whose interest will suffer from having no person to represent them. he may appoint some fit and proper person as an attorney for that purpose, and such attorney shall receive, in the discretion of the justice, a reason- able compensation out of the dividend coming to such absent creditors. Sec. 971. Any creditor who, after having been served with twenty days previous notice, (either written or printed) to attend before the justice and prove his debt, shall fail to attend without showing good cause for such non-attendance, shall be considered as having waived his debt, and shall not be allowed to come in and prove such debt after wards. Sec. 972. After all the creditors in this kingdom shall have proved their debts, or failed to do so after due notice as aforesaid, the clerk of the Supreme Court shall ap- point a meeting of the creditors who shall have proved their debts; and give two consecutive weeks notice of the same in the Government Gazette. At the time appointed, the creditors shall meet, in the presence of the said clerk, and choose two per- sons as assignees of the bankrupt's property, real and personal, and the clerk shall enter such choice of record. The assignees shall be chosen by ballot, and the two persons having the great- est number of votes on the first ballot, shall be considered as duly chosen. Sec. 978. In the choice of assignees, no creditor to an amount less than one hundred dollars shall be entitled to vote. All creditors to the amount of one hundred, and less than five hundred dollars, shall be entitled to one vote each; all creditors to the amount of five hundred dollars, and less than twenty-five hundred dollars, shall be entitled to two yotes each; and all creditors to an amount exceeding twenty-five hundred dollars, shall be entitled to three votes each. All dis- putes that may arise as to the manner of voting, or as to who shall be entitled to vote, shall be referred to, and decided by the justice. Sec. 974. The justice shall make an order to the Marshal, or the Sheriff, as the case may be, requir- ing him to assign to the assignees thus chosen, all the property of the bankrupt of whatever name, kind or nature, and such as- signees shall dispose of the same by public or private sale, as to them may seem best for the interest of all concerned. The assignees shall give such security for the faithful performance of their trust as the justice shall deem sufficient. Sec. 975. If any assignee die, or become incapaci- tated from any cause, to perform the duties of an as: signee, the justice shall, upon the petition of any party interest- ed, appoint some other person to fill his place. Sec. 976. The assignee shall, within one month after receiving possession of the bankrupt's estate file a report with the clerk of the Supreme Court, showing the liabilities and assets of the estate, and shall render a cash ac- count of the estate to said clerk, at the end of every succeeding moath, and shall invest and dispose of such moneys in the pay- ment of dividends, in such manner as the justice may direct. There shall be one or more dividends or payments, not exceed- ing three, to creditors in proportion to their debts, without any priority or preference whatsoever, at such times as the justice may name: provided, however, that all debts due or owing by an/, bankrupt to the Hawaiian Government shall, before any dividend is made to the other creditors, be first paid in full, and that the third or final dividend shall be made within eighteen months from the date of the assignment, unless in the opinion of the justice, a just settl ment of the bankrupt's estate shall re. quire the time for making the final dividend to be extended, in which case he shall have power to extend the same. Sec. 977. The assignées shall have full power to sue for and collect debts due to the bankrupt, in their own name. They may also bring any other suit in their own name, which has for its object the recovery of any portion of the bankrupt's estate. - Sec. 978. The bankrupt shall be divested of all his title and interest in his property from the day of his failure, (except the necessary clothing of himself and family, and such other necessaries, not to exceed the value of three hundred dollars, as the justice may designate) and every assignment, Conveyance or transfer of his property, by him, after he shali have become insolvent, or committed an act of bankruptcy, ex- cept upon a good consideration to a bona ſide purchaser having no notice of such insolvency or bankrupcty, shah be void, and the property so transferred may be recovered and disposed of by the assignees for the benefit of the creditors. Sec. 979. All executions, or attachments, laid upon any person’s property after he shall have committed an act of bankruptcy, shall be void. Sec. 980. From the time any person entitled to the benefit of this law has declared himself a bankrupt. 26 THE CIVIL CODE. or from the filing of any petition by any creditor, or creditors, to have him declared a bankrupt, all civil suits depending against him shall be suspended : provided, nevertheless, that such bankrupt may be arrested and imprisoned as a fraudulent debtor, by order of any justice of the Supreme Court, upon the *wo n petition of any of his creditors, getting forth sufficient cause for £uch arrest and imprisonment. Sec. 981. If the property of a person declaring himself a bankrupt, or proceeded against as a bank- rupt, be of a perſºhable nature, the justice may, upon the appli- cation of any party interested, getting forth such fact under oath, order the same, at any time before the appointment of as- signees, to be gold at auction, and the money to be deposited in the public treasury to await the order of the court. Sec. 982. During the pendency of any proceedings against a person charged with bankruptcy, and until the justice has decided whether he has committed bankrupcty or not, the justice shall make allowance to him for his own sup- port and that of his family, if he has one : provided, thau such allowance shall not exceed the rate of three hundred dollars per annum, if a single man, or the rate of five hundred dollars per annum, if a man of family. Sec. 983. Every person who, upon finding himself insolvent, shall declare himself a bankrupt, or may have been adjudged a bankrupt on petition, as provided in this article, and who shall surrender, discover, and deliver over to tue assignees chosen by his creditors, all his property, personal and real, shall with the consent of a majority of his creditors in value and number within this kingdom, be entitled to a certifi- cate of discharge of all his debts, to be given him by the Chief Justice of the Supreme Court : provided, however, that no such discharge shall release any person who may be liable for the same debt, as a partner, joint contractor, indorser, acceptor or surety for or with the debtor. Sec. 984. Every debtor, prior to obtaining his cer- tificate of discharge, Bhall take the following oath, viz. : - I, -— —, do solemnly swear that I have, according to the best of my knowledge and belief, delivered over and made a full and just, true and perfect discovery of all the property to me in any way belonging, and all such debts as are to me owing or to any person in trust for me ; and that I have no money, lands or other estate, real or personal, beside that which I have surrendered to the assignees ; and that I have not directly or indirectly, sold, disposed of, or concealed any part of my proper- ty, to secure the same to myself, or to receive any profit or ad- vantage therefrom, or to defraud or deceive any creditor to whom I am indebted in anywise whatsoever : So help me God. Sec. 985. The debtor, if afterwards sued for any of his debts, shall have no benefit of the said discharge, but judgment shall be rendered against him for the amount that shall then appear to be due, if the plaintiff shall prove any o the following facts, to wit : First. That the debtor has made any gift to, or contract with, or given any security to any of his creditors, to obtain his or their consent to his certificate of discharge. Secondly. That he had fraudently concealed, reserved or dis- posed of any of his property. Thirdly. That he did knowingly and willfully make any false statement, in any disclosure made to or for his creditors, con- cerning the amount or disposition of his property ; or, Fourthly. That he did at any time, in contemplation of hank- ruptcy, as in this article provided for, voluntarily make any payment or any transfer or conveyance of his property, with a view to give to any creditor or to any endorser or surety for the debtor, a preference or advantage over his other creditors. Sec. 986. The justice shall have the power, after bankruptcy declared, to examine any bankrupt un- der oath touching his estate, his acts and doings, his property and rights of property, which in the judgment of the court are necessary and proper for the purposes of justice, and in case he refuse to answer him, to commit him to prison until he consents to make such answer. Sec. 987. If any bankrupt shall refuse to deliver or surrender up to the assignees chosen by his cred- itors, as aforesaid, any of his effects, books or papers, the just- ice may, upon the petition of the assignees, commit him to prison until he makes such delivery or surrender. Sec. 988. After receiving his certificate of dis- charge, any bankrupt, who may be required, shall attend and render assistance to the assignees in settling ac- counts ; for which services he shall be paid the sum of three dollars per day. In case he refuse to attend and assist them, he may, upon complaint to the justice, be committed to prison until he consents to render such assistance. Sec, 980. In case of the removal, illness or absence of the justice before whom proceedings under this article are instituted, such proceedings may be continued before some other justice of the Supreme Court. Sec. 990. Any party interested may except to any decision of the justice, in proceedings under this article, and appeal therefrom to the Supreme Court in banco : provided, such party give notice of his appeal within five days after the lendition of such decision, and within ten days there- after fie with the clerk of the court, a good and sufficient bond, in the penal sum of one hundred dollars, conditioned for the payment of all costs arising from said appeal, in case it shall not be sustained. Sec. 991. Two or more persons doing business as partners, may declare themselves bankrupt as a firm, and may be declared bankrupt, and obtain a certificate of dis- charge, in the same manner and on the same terms as an in- dividual. Sec. 992. When two or more persons who are part- ners in trade, become insolvent and bankrupt as provided in this article, all the joint stock and property of the company, and also all the separate estate of each of the part- ners, shall be taken, excepting such parts thereof as are herein excepted.; and all the creditors of the company, and the separ- ºte creditors of each partner, shall be allowed to prove their respective debts ; and the assignees shall also keep separate accounts of the joint stock or property of the company, and of the separate estate of each member thereof; and after deduct- ing out of the whole amount received y such assignees, the whole of the expenses and disbursements paid by them, the net proceeds of the joint stock shall be appropriated to the payment of the creditors of the company, and the net proceeds of the separate estate of each partner ahall be appropriated to pay his separata creditors ; and if there shall be any balance of the separate estate of any partner, after the payment of his separ- ate debts, such balance shall be added to the joint stock for the payment of the joint creditors; and if there shall be any bal- ance of the joint stock, after the payment of the joint debts, such balance shall be divided and appropriated to and among the separate estates of the several partners, according to their re pective rights and interests therein, and as it would have been if the partnership had been dissolved without any bank- ruptcy ; and the sum so appropriated to the separate estate of each partner shall be applied to the payment of his separate debts, and in all other respects the proceedings against partners shall be conducted in the like manner as if they had been com- menced and prosecuted against one person alone. Sec. 993. Any bankrupt who shall have been im- prisoned as a fraudulent debtor, may be discharged from such imprisonment by order of any justice of the supreme court. either at or before the final settlement of the estate, if it shall appear to the satisfaction of such justice that the bank- rupt has surrendered, discovered and delivered over to the as- signees chosen by his creditors, all his property, personal and real, and in other respects conformed to the main provisions of the law relating to bankruptcy. Sec. 994. The costs of the proceedings under this article, except in cases where the petitioners fail to prove the person petitioned against a bankrupt, shall be borne by the bankrupt’s estate. The assignees shall be paid two and one half per cent. on all property received by them, and two and one half per cent. on all property disbursed by them. Sec. 995. The books and papers of the estate shall, after the final dividend and settlement, be deposited with the clerk of the supreme court. ART. XLIV.—Of the Settlement of Controversies respecting Rights of Ways. Sec. 996. There shall be appointed, by the Minister of the Interior, in each election district throughout the kingdom, three suitable persons to act as commissioners of private ways. Sec. 997. It shall be the duty of such commission- ers, within their respective districts, to hear and de- termine all controversies respecting rights of way, between private individuals, or between private individuals and the Government. Sec. 998. In settling such controversies, the com- missioners shall give such decision as may in each particular case may appear to them to be just and equitable, between the parties interested. Sec. 999. Any party deeming himself aggrieved by the decision of the commissioners, may appeal there- from to the Circuit Court of the ſsland ; or, if the controversy is on the Island of Oahu, to the supreme court, which Circuit or Supreme Court shall hear and determine the case in banco : provided, however, that any party desirous of so appealing shall give notice of the same to the commissioners, within five days after the rendition of their decision. Sec. 1000. Whenever any party shall appeal from the decision of the commissioners, as provided in the last preceding section, it shall be the duty of the commissioners to send up a statement of the cas, together with a copy of their decision, to the court to which the appeal has been taken. Sec. 1001. The commissioners shall receive the sum of five dollars each, as a compensation for their services in settling any such controversies; which compensation shall be paid by either of the parties aione, or by all the parties interested, in such proportions as the commissioners may adjudge. In case of appeal, the compensation of the commis- sioners, as well as the additional costs, shall abide the decision of the appellate court. Sec. 1002. The commissioners provided for by this article shall be removable from office, at the plea- sure of the Minister of the Interior, who shall also have power to fill all vacancies which may occur in their number. Sec. 1003. The said commissioners shall have the like power to administer oaths ; to punish contempts; to grant adjournments ; to subpoena and compel the attendance of witnesses ; and issue execution for costs, as is conferred by law upon police courts. ART. XLV.-Of the Suppression of Prostitution. Sec. 1004. It shall be lawful for the Police Jus- tices of Honolulu, Lahaina and Hilo, respectively, to cause to be arrested and brought before them, any female that may be complained of the Sheriff or Prefect of Police, as being a prostitute, and if it shall appear to the satisfaction of the justice that such female is a prostitute, and that her father, mother, or guardian, reside in any other district than that in which such justice has jurisdiction, or that such female has left her native district and come and reside within the district where such justice has jurisdiction, for the purpose of prostitu- tion, such justice may order such female to return to her parents or guardian, if she have any, or to the district from whence she came, within forty-eight hours from the time of such order ; and 1f such female be found within his district after the expiration of such period of forty-eight hours, the justice may punish her by imprisonment at hard labor, or solitary confinement, for a period not exceeding thirty days upon the first complaint, and upon any subsequent complaint for a period not exceeding sixty days. It shall be the duty of all judicial and police officers, school-inspectors and school-teachers, to inform the police jus- tices of the seaports aforesaid, of any females belonging to to their respective districts, whom they may suspect of having resorted to said seaports for the purposes of prostitution, that they may be dealt with as hereinbefore provided. - CHAPTER XVII. —OF APPEALS. Sec. 1005. Any party deeming himself aggrieved by the decision of any police or district justice, in any case, whether civil or criminal, may appeal therefrom to any circuit judge at chambers, by giving notice of his appeal within five days after the rendering of such decision, and pay ing the costs accrued within ten days after the date of said de- cision : provided, always, that no hearing shall be had until the costs of the trial before the police or district justice are first paid. Sec. 1006. Any party deeming himself aggrieved be the decision of any police or district justice, in any case, whether civil or criminal, may appeal therefrom to the Circuit Court, or to the snpreme court, by giving notice of his appeal within five days after rendering of such decision, and within five days after the date of said decision paying the costs accrued, and depositing a good and sufficient bond in the penal sum of one hundred dollars, conditioned for the payment of the costs further to accrue, in case he is found guilty or de- feated in the court above : provided, always, that where such appeal is taken solely upon exceptions to the decision of the justice on points of law, the appeal shall be heard and deter- mined by the appellate court in bamco. Sec. 1007. Any party deeming himself aggrieved by the decision of any circuit judge at chambers, in any case, whether civil or criminal, may appeal therefrom to the circuit court, or the supreme court, by giving notice of such ap- peal within ten days after the rendering of such decision, and within ten days after the date of such decision, paying the costs accrued before the circuit judge, and depositing a good and sufficient bond in the enal sum of fifty dollars, conditioned for the payment of the costs further to accrue, in case he is defeat- ed or found guilty in the above court : provided, always, that where such appeal is taken solely upon exceptions to the decision of the circuit judge on points of law, the appeal shall be heard and determined by the appellate court in bamco. Sec. 1008. Upon an appeal being taken and per- fected, according to the provisions of either of the last two preceding sections, the circuit judge or justice, shall give immediate notice thereof to the other party, and if execu- tion shall have been issued, to the officer charged the rewith, and shall also, without delay, transmit to the clerk of the appel- late court, a perfect transcript of the record and proceedings h9d before him. Sec. 1009. Every defendant appealing from the decision of any circuit judge, police justice, or dis- trict justice, in any criminal or penal prosecution, shall remain in the custody of the Marshal or the Sheriff of the Island, until the term of the supreme or circuit court to which said defendant has appealed, unless he deposit with the Marshal or Sheriff, a good and sufficient bond in a penal sum equal to the fine or penalty imposed upon such defendant in the court below, con- ditioned for his appearance for trial at the supreme court as aforesaid. And in all cases where the punishment adjudged by the circuit judge, or police or district justice, is both fine and imprisonment, or imprisonment only, the Marshal or Sheriff shall exact from the defendant a bond, conditioned as aforesºlid, in the penal sum of not less than one hundred, nor more than two hundred dollars. Sec. 1010. An appeal duly taken and perfected, in any case provided for in this chapter shall immedi- ately thereafter operate as an arrest of jndgment and stay of execution. Sec. 1011. Unless appeal be taken in accordance with the provisions of this chapter, in any case here- in provided for, the decision rendered in the case shall be final, and no court in the kingdom shall have power to remove the same for any cause whatsoever. Sec. 1012. In any case of an appeal from the de- cision of one of the justices of the supreme court, at chambers, in which a jury shall have been empanneled by such justice, the appeal to the full court shall be taken upon the record, the verdict of such jury being deemed conclusive as to the facts, and a new jury shall not be empanneled to try any question of fact involved. Sec. 1013. Costs shall be allowed to the prevail- ing party in judgments rendered on appeal, in all cases, with the following exceptions and limitations: 1. If the defendant against whom judgment is rendered, appeal, and judgment be rendered in his favor in the appellate court, and the amount recovered in the court below be reduced one fifth or more, costs shall be awarded to the appellant : 2. If the defendant in whose favor a judgment is rendered, shall appeal, and he shall not recover in the appellate court at least one-fifth more than the amount recovered below, costs shall be awarded to the appellee: 3. If the plaintiffin whose favor judgment is rendered, appeal, and he shall not recover in the appellate court at least one-fifth more than the amount recovered below, costs shall be awarded to the appellee : 4. In all other cases, the party recovering any sum shall be entitled to costs. Sec. 1014. Whenever costs are awarded to the appellant, he shall be allowed to tax as part thereof, the costs and fees paid in the lower court on taking the appeal, in addition to the costs of the court appealed to. And if, upon an appeal, a recovery for any debt or damages be had by one party, and costs be awarded to the other party, the court shall set off such costs against such debt or damages, and render judgment for the balance. Sec. 1015. The supreme court may, from time to time, establish by standing rules, such regulations for the taking of appeals, and for the removing of causes by cer- tiorari and habeas corpus, as said court may deem necessary for the better administration of justice. CHAPTER XVIII.—Of the Issuing of Execution, and Proceedings thereupon. Sec. 1016. Every circuit judge at chambers, police justice and district justice, shall, at the request of i the party recovering any civil judgment in his court, unless such THE CIVIL CODE. 27 judgment be duly appealed from, issue his execution against the property of the party recovered against, which execution may be in the following form : To any constable of the district of —, Island of —, H.I.: You are commanded to levy upon the personal property of — — —, if any within your district, and if sufficient cannot be found. then upon his real property within said district, and giv- ing thirty days previous notice as required by law, to sell the same, or so much thereof as may be found necessary, at public sale to the highest bidder, in order to satisfy a judgment render- ed by me against him in favor of —, on the day —of —, 18–, for dollars, the costs of court inclusive, collect- ing also the legal interest thereon, from the date thereof, and your costs and the expenses of levy; advertisement and sale. Make due return to me of this writ, with your proceedings thereon, and the money by you so collected, on or before the ex- piration of — days; and hereof fail not at your peril. Given under my hand this — day of –, 18 - Police Justice (or as the case may be.) Sec. 1017. The provisions of the last preceding section, shall not apply to the issuing of execution upon a judgment entered up by the order of a circuit judge, in any cause or proceeding in the circuit court, but in such case the execution shall be issued in the manner and form prescribed for courts of record. Sec. 1018. All executions issued by a circuit judge at chambers, police justice or district justice, shall be made returnable within sixty day forms the date thereof. Sec. 1019. The forms of executions to be issued from courts of record, shall be the same as have been heretofore established by the usage and practice of such courts; but alterations therein may, from time to time, be made, or al- lowed by the Supreme Court, when necessary to adapt them to changes in the law, or for other sufficient reasons. Sec. 1020. All writs of execution, whether civil or criminal, issuing from any court of record, shall be addressed to the Marshal, or his deputy, and shall be signed by the clerk of such court, and impressed with the seal thereof. Sec. 1021. Every officer receiving a writ of execu- tion issued in due form by any court or justice, shall note thereon the day and hour of its receipt, and he shall give priority in levying upon property of the defendant in execution, to the writs received by him according to the order of time in which they are received. Sec. 1022. Every levy by an officer, in pursuance of a writ of execution issued by any court, or justice, shall be made by taking the property levied upon into his posses- sion, care and guardianship, and in his option, by removal of the same to some place of security. The officer shall make an inven- tory of the property levied upon. Sec. 1023. The officer shall, after levy, advertise for sole the property levied upon, whether real or personal, for thirty days, or for such time as the court shall or- der, by posting a written or printed notice, in three conspicuous places within the district where such property is situated, and if in the Island of Oahu, by advertisement thereof in the Govern- ment Gazette. - Sec. 1024. The officer shall, on the day and at the place set for such public sale, unless paid the amount of the judgment, interest and costs, and his fees and disburse- ment accrued upon the writ, sell the property advertised to the highest bidder. He shall deduct from the proceeds of the sale sufficient for the full satisfaction, if possible, of the execution and his costs, expenses and commissions, and return the said writ, satisfied wholly or in part, paying the amount collected thereon to the plaintiff in execution or his attorney. Sec. 1025. If, at the time appointed for the sale, the officer shall deem it expedient, and for the inter- est of all persons concerned therein, to postpone the sale, for want of purchases or for other sufficient cause, he may postpone it for any time not exceeding seven days, and so from time to time, for like good cause, until the sale shall be completed; giv- ing notice of every such adjournment, by a public declaration thereof, at the time and place previously appointed for the sale. Sec. 1026. The officer shall execute and deliver, to any purchaser at such sale, such certificate of pur- chase, or conveyance, as may be necessary. Sec. 1027. No sale by execution shall operate to convey a greater estate or interest in the property sold, than the defendant in execution had at the time of such sale; and all such sales of property not belonging to the defen- dant, shall subject the officer to the private action of the pur- chaser, being afterwards deprived thereof by the real owner. Sec 1028. The officer serving any execution shall act upon his own private accountability, for all ex- cesses of his official powers, and for any departure from the legal import of the writ or mandate in his hands. Sec. 1029. If, upon an execution being issued by a circuit judge at chambers, or by a police or district justice, no property, or not a sufficient amºunt of property, be- ionging to the defendant in execution, can be found within the jurisdiction of the judge or justice issuing the execution, and the same is returned unsatisfied, either wholly or in part, the plain- tiff in execution may, upon procuring a certified copy of the judgment and execution in the court below, to be docketed in the office of the clerk of the Supreme Court, sue out a writof ex- ecution from said Supreme Court, which shall be available against the property of the defendant, wherever situated within the kingdom. - Sec. 1030. Any circuit court, out of which an exe- cution has been issued, if such execution has been returned unsatisfied wholly or in part, may issue an alias execu- tion to the same circuit, or an execution leviable in some other circuit, for the satisfaction of the unpaid remainder of the judg- ment and additional costs, expenses and commissions, which alias or testatum writ of execution shall be served by the Mar- shal, or his deputy, in like manner as the original. Sec. 1031. No original execution shall be issued, unless within one year after the party shall be en- titled to sue out the same, and no alias, or other successive exe- cution, shall be issued aftewards, unless each one be sued out within one year after the return day of that which preceded it. Sec. 1032. If a judgment remains unsatisfied, after the expiration of the time for taking out execution thereon, the plaintiff may have a scire facias to obtain a new execution, or he may, at any time after the judgment, have an action of debt thereon. Sec. 1033. Any judge of a court of record may, by order at chambers, in any cause in which an execu- tion shall have been issued, grant a stay thereof in the officer's hands, for equitable reasons, when no appeal or writ or error is granted, upon the defendant giving bond and security for its payment with costs up to the said stay. The property levied upon shall not be released from levy by the stay of execution, and in case at the end of the time accorded the condition of such bond be not complied with, the plaintiff in execution may elect whether to proceed to the sale of the levied property, or to en- force the bond: provided. that if the levied property be not suffi- cient to pay the judgment, with all costs, expenses and commis- sions, the stay inclusive, the sureties in the bond shall be an- swerable for the deficiency. And when justice may require the renewal of any execution, or an extension of the time for making return to any execution, and judge of a court of record shall have power so to order. Sec. 1034. Bond of indemnity given to an officer, as provided in section 274, shall be collectable by the officer receiving the same upon citation to show cause and proof of the signatures thereto, without the intervention of a jury, and the damages to be assessed thereon shall be the amount recov- ered against the said officer, with interest and costs of suit, and the expenses of such citation and judgment of indemnity, for which execution may be issued against the co-obligors, both jointly and severally, leviable as in other cases of indebtedness. Sec. 1035. The following property when owned by any person, being a housekeeper and having a family, shall be exempt from levy and sale on execution: The family Bible, family pictures and school books; Two swine or six goats, and all necessary fish, meat, flour, and vegetables, actually provided for family use, not to include kalo or any plant still growing or ungathered; All necessary wearing apparel, mats, beds, bedsteads, and bedding for such person and his family; one poi board, one poi beater, two calabashes, one oo, one table, six chairs, six knives and forks, six plates, six tea cups and saucers, one sugar dish, one milk pot, one tea pot, one coffee pot and six spoons; The tools and implements of any mechanic, necessary for carrying on his trade or business, not exceeding fifty dollars in value; The uniform of any officer or private be- longing to any of the military forces of the kingdom, and his arms and accoutrements. CHAPTER XIX.—Of the Time of Commencing Per- sonal J1ations. Sec. 1036. The following actions shall be com- menced within six years next after the cause of such action accrued, and not after : 1. Actions for the recovery of any deb% founded upon any contract, obligation or liability, excepting such as are brought upon the judgment or decree of some court of record; 2. Actions upon judgments rendered in any court not being a court of re- cord; 3. Actions of debt for arrearages of rent; 4. Actions for trespass upon land; 5. Actions for taking, detaining or injuring any goods or chattels, including actions of replevin; 6. Special actions on the case for criminal conversation, for libels, or for any other injury to the persons or rights of any, except such as are specified in the next two sections. Sec. 1037. The following actions shall be com- menced within two years after the cause of action ac- crued, and not after : 1. Actions for assault and battery; 2. Actions for false impri- sonment; 3. Actions for words spoken slandering the character or title of any person; 4. Actions for words spoken whereby special damages are sustained; 5. Actions against the Marshal, Sheriffs, or other officers, for the escape of prisoners, or upon any liability incurred by them by the doing any act in their official capacity, or by the omission of any official duty. Sec. 1038. In all actions of debt, account, or as- sumpsit, brought to recover any balance due upon a mutual, open and current account, the cause of action shall be deemed to have accrued, from the time of the last item proved in such account. Sec. 1039. If any person entitled to bring any ac- tion in this chapter specified (excepting actions against the Marshal, Sheriffs, or other officers) shall, at the time the cause of action accrued be, either : 1. Within the age of twenty years: or, 2. Insane; or, 3. Im- prisoned on a criminal charge, or in execution under the sentence of a criminal court for a term less than his natural life; or, 4. A married woman: Such persons shall be at liberty to bring such actions within the respective time in this chapter limited, after such disability removed. Sec. 1040. If any person entitled to bring any ac- tion in this chapter specified, shall die before the ex- piration of the time herein limited for the commencement of such suit, if such cause of action shall survive to his representative, his executors or administrators may, after the expiration of such time and within one year after such date, commence such action; but not after that period. Sec. 1041. If at the time when any cause of action specified in this chapter shall accrue against any per- son, he shall be out of the kingdom, such action Inay be com- menced within the terms herein respectively limited, after the return of such person into this kingdom; and if, after such cause of action shall have accrued, such person shall depart from and reside out of this kingdom, the time of his absence shall not be deemed or taken as any part of the time limited for the com- mencement of such action. Sec. 1042. When an action, commenced within the time prescribed by law, shall abate by reason of the death of the plaintiff, if the right of the action aurvive to his re- presentatives, his executors or administrators may, within one year after such death, commence a new action. Sec. 1043. Whenever the commencement of any suit shall be stayed by an injunction of any court of equity, the time during which such injunction shall be in force, shall not le deemed any portion of the time in this chapter limi- ted for the commencement of such suit. Sec. 1044. When a suit shall be alleged by a plain- tiff to have been commenced within the time required by law, and such allegation shall be put in issue by the defend ant, it shall be competent for the defendant to prove, on the trial, that the process issued by the plaintiff was not issued with the intent or in the manner required by law; or that any means whatever were used by the plaintiff, or , is attorney, to prevent the service of the writ, or to keep the defendant in ignorance of the issuing thereof. Sec. 1045. Upon any such matter being established, or upon its appearance in any other way that any process was issued without any intent that it should be served, such process shall not be deemed the commencement of a suit within the meaning of the provisions of this chapter. Sec. 1046. No person shall avail himself of any dis- ability enumerated in this chapter, unless such disa- bility existed at the time his right of his action accrued. Sec. 1047. Where there shall be two or more such disabilities existing at the time the right of action accrued, the limitations herein prescribed shall not attach until all such disabilities be removed. Sec. 1048. The provisions of this chapter shall not extend to any action which is, or shall be, limited by any statute to be brought within a shorter time than is herein prescribed; but such action shall be brought within the time limited by such statute. Sec. 1049. If any person who is liable to any of the actions mentioned in this article, shall fraudulently conceal the cause of such action from the knowledge of the per- son entitled thereto, the action may be commenced at any time within six years after the person who is entitled to bring the same shall discover that he has such cause of action, and not afterwards. Sec. 1050. All the provisions of this chapter shall apply to the case of any debt on contract, alleged by way of set off on the part of a defendant, and the time of li- mitation of such debt shall be computed in like manner as if an action had been commenced therefor, at the time when the plaintiff’s action commenced. Sec. 1051. Every judgment and decree, in any court of record of this kindom, shall be presumed to be paid and satisfied, at the expiration of twenty year, after the judgment or decree was rendered. Sec. 1052. In all cases where the right of action shall have accrued previous to the first day of August, A. D. 1853, no action shall be m'aintainable, unless the same shall be commenced before the first day of August, A. D. 1859; subject however to the provisions of section 1039. CHAPTER XX. —Of the Prevention of Frauds and Perjuries in Contracts, and in .1ctions Founded Thereon. Sec. 1053. No action shall be brought and main- tained in any of the following cases : First : To charge an executor or administrator, upon any special promise to answer damages out of his own estate; Secondly: To charge any person, upon any special promise to answer for the debt, default or misdoings of another; Thirdly: To charge any person, upon an agreement made in consideration of marriage; Fourthly: Upon any contract for the sale of lands, tenements or heredita- ments, or of any interest in or concerning them; Fifthly: Upon any agreement that is not to be performed within one year from the making thereof; Unless the promise, contract or agreement, upon which such actions shall be brough.t, or some memorandum or note thereof, shall be in writing, and be signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized. Sec. 1054. The consideration of any such promise, contract or agreement, need not be set forth, or ex- pressed, in the writing signed by the party to be charged there- with, but may be proved by any other legal evidence. Sec. 1055. No action shall be brought and main- tained, to charge any person upon, or by reason of, any representation or assurance, made concerning the character, conduct, credit, ability, trade or dealings of any other person, unless such representation or assurance shall be made in writing, and signed by the party to be charged thereby, or by some person, thereunto by him lawfully authorized. Sec. 1056. No contract for the sale of any goods, wares or merchandise, for the price of one hundred dollars or more, shall be allowed to be good, unless the pur- chaser shall accept part of the goods, so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or some note or memorandum, in writing, of the said bargain be made and signed by the party to the charged by such contract, or by his agent, thereunto by him lawfully authorized. Sec. 1057. When any person, who is bound by a contract in writing to convey any real estate, shall die before making the conveyance, the other party may have a bill in equity in the Supreme Court, to enforce a specific per- formance of the contract by the heirs, devisees, or by the executor or administrator of the deceased party, such bill to be filed within one year after the grant of administration. Sec. 1058. The court shall hear and decide every such case, according to the proceedings in chancery, and shall make such decree therein, as justice and equity may require. Sec. 1059. If it shall appear that the plaintiff is entitled to have a deed of conveyance, the court may 28 THE CIVIL COIDE. authorize and require the executor or administrator of the deceased party, to convey the estate in like manner as the de- ceased person might and ought to have done, if living; and, if his heirs or devisees, or any of them, are within the kingdom, and competent to act, the court may direct them or any of them, instead of the executor or administrator, to convey the estate in the manner before mentioned, or to join with the executor or administrator in such conveyance. Sec. 1060. Every conveyance made in pursuance of such decree, shall be effectual to pass the estate contracted for, as fully as if made by the contractor himself. Sec. 1061. If the defendant in such suit shall neglect or refuse to make a conveyance according to the decree, the court may enter judgment, that the plaintiff shall recover judgment for possession of the land contracted for, to hold according to the terms of the intended conveyance, and may issue a writ of seizin thereupon; and the plaintifſ, by force of said writ, having obtained possession of the premises, shall hold the same in like manner, as if conveyed in pursuance of the decree. Sec. 1062. The preceding section shall not prevent the court from enforcing their decree, by any other process, according to chancery proceedings. Sec. 1063. If the person, to whom the conveyance was to be made, shall die before such suit is brought, or before the conveyance is completed, any person, who would be entitled to the estate under him as heir, devisee or otherwise, in case the conveyance had been made according to the contract, may commence such suit, or prosecute it, if commenced; and the conveyance shall thereupon be so made, as to vest the estate in the same persons, who would have been so entitled to it. Sec. 1064. If the party, to whom any such con- veyance was to be made, or those claiming under him, shall not commence a suit, as before provided, and if the heirs of the deceased party are under age, or otherwise in- competent to convey the lands contracted for, the executor or administrator of the deceased may file a bill in equity in the Supreme Court, setting forth the contract and the circumstances of the case, whereupon the court may, by its decree, authorize and require such executor or administrator to convey the estate, in the manner the deceased should have done; and such a con- veyance shall be deemed a performance of the contract on the part of the deceased, and sufficient to entitle his heirs, executors or administrators, to demand a performance thereof on his part. CHAPTER XXI.-Of Altorneys and Counsellors at Law. Sec. 1065. The Supreme Court shall hawe power to examine and admit as practitioners in the courts of record, such persons, being Hawaiian subjects, of good moral character, and having taken the prescribed oath of office, as said court may find qualified for that purpose. Sec. 1066. Said paid practitioners shall be sum- marily amenable to the courts of record, and may be fined, imprisoned or dismissed from the roll of practitioners, for satisfactory cause, upon the complaint of any party aggrieved by their mal-practice, or for non-payment of moneys, collected by them for private parties, or for any deceit, or other gross misconduct, Sec. 1067. They shall have the right to practice in all the courts of the kindom, and to appear therein as attorneys, counsellors, solicitors or proctors, in behalf of third persons who may choose to retain them, for the prºsecution or defence of actions, civil, criminal or mixed; and shall be entitled to charge for their services the fees prescribed by law, which being tº xed by any judge of the court, shall be added to the judgment and collected for their benefit. Sec. 1068. No person shall be allowed to practice in any court of record in this kingdom, or before a circuit judge at chambers, unless he shall have been duly li- censed so to do by the Supreme Court: provided, that nothing in this chapter contained shall be construed to prevent any person, plaintiff, defendant or accused, from appearing in person before any court, or justice, and there prosecuting or defending his own cause, without the aid of legal counsel. Sec. 1069. The practitioners so licensed shall have control to judgment and execution, af all suits and defences confided to them: provided, however, that no such practitioner shall have power, to compromise, arbitrate and settle such matters confided to him, unless upon special author- ity in writing from his client. Sec. 1070. The oath of office to be taken and sub- scribed by such practitioners, shall be as follows: SUPREME Court, H. I. — —, being duly sworn, deposes that he will support the Constitution and Laws of the Hawaiian Islands, and faithfully discharge the duties of attorney, counsellor, solicitor and proc- tor, in the courts of this kingdom, to the best of his ability. Such oath shall be taken and subscribed before some judge of a court of record. Sec. 1071. The license to be given to a practitioner shall be in the following form : SUPREME Court, H. I. — ...—, Esquire, having been examined and found duly qualified, and of good moral character, I do hereby license him to practice in all the Courts of this kingdom as an attorney, counsellor, solicitor and proctor thereof, during good behavior. Given under my hand and the seal of the Supreme Court, this — day of —, 18-. chief Justice. Sec. 1072. The Supreme Court may prescribe terms and periods of study preparatory to the admission of practitioners, and rules for their government in the pursuit of their practice, not inconsistent with any law of the kingdom. Sec. 1078. A license to practice shall not be neces- sary to entitle any person to appear, in his own behalf, or for another, in any police or district court. Sec. 1074. The clerk of the Supreme Court shall exact from every practitioner, upon his receiving a license, an admission fee of ten dollars, for the benefit of the public treasury. CHAPTER XXII.—Of...Masters in Chancery. Sec. 1075. The Supreme Court may appoint a sui- table number of persons, besides the clerk of said court, to be masters in chancery, who shall hold office during the pleasure of said court. Sec. 1076. The several masters in chancery shall take and subscribe an oath for the ſaithful discharge of the duties of their office, which oath may be administered by any justice of the Supreme Court. Sec. 1077. They shall perform, under the direction of the Supreme Court, or of any justice thereof, all the duties, which, according to the practice in chancery, apper- tain to the office, and as shall be assigned to them, and they shall be allowed therefor, such fees as the court shall order. Sec. 1078. Their fees shall be taxed with the other costs in the cause, and shall be eventually paid by such party, or in such manner, as the court shall order. Sec. 1079. Every master in chancery shall, upon his appointment, pay to the clerk of the Supreme Court, a fee of ten dollars for the benefit of the public treasury. CHAPTER XXIII.—Of the District Attorneys. Sec. 1080. The Justices of the Supreme Court shall appoint a suitable person as district attorney, in each of the respective judicial circuits of the kingdom. Sec. 1081. Said district attorneys shall, when ap- pointed, take and subscribe an oath of fidelity to the Constitution, and for the faithful discharge of the duties of their office, which oath may be taken and subscribed before any judge of a court of record. Sec. 1082. They shall severally give bond to the Chief Justice of the Supreme Court, in the penalty of at least one thousand dollars, for the faithful payment into the public treasury, of all moneys and fines by them collected and received for the government, through the courts or otherwise. Sec. 1083. They shall severally hold office for the term of two years from the date of their appointment, unless sooner removed by the Justices of the Supreme Court. Sec. 1084. They shall severally reside in the cir- cuits for which they are appointed, and keep offices at the seats of justice for their respective circuits. Sec. 1085. They shall, within their respective cir- cuits, appear for the crown or government in the Supreme Court, in the Circuit Courts, and when requested by the Sheriff or any Justice, in the police and district courts, in all cases, criminal or civil, in which the crown or government may be a party, or be interested. Sec. 1086. They shall also, within their respective circuits, be vigilant and active in detecting criminals, and all offenders against the revenue laws, or the laws relating to licenses, and prosecute the same with diligence. It shall also be their duty, within their respective circuits, to enforce all bonds, notes or other instruments, that may be placed in their hands for that purpose, by any of the King's ministers, or governors, or by any judicial or executive officer. Sec. 1087. When any one shall obstruct any street, channel, harbor, wharf, or other highway, or public place, or obstruct or divert any stream or public water course, or commit any trespass or waste on any portion of the public domain, or other government property, as by the cutting down of prohibited trees, or the removal of stone, coral, sand or other property of the government, pertaining thereto, the said district attorneys, within their respective circuits, shall prosecute the offender with diligence, first, however, taking the advice of the governor of their respective circuits, when convenient. Sec. 1088. The said district attorneys shall, with- out charge, at all times when called upon, give advice and counsel to the ministers, governors, the marshal, sheriffs, collectors, justices and other public officers, within their respective circuits, in all matters connected with their public duties, and otherwise aid and assist them in every way requisite to enable them to perform those duties faithfully. Sec. 1089. It shall also be the duty of the said dis- trict attorneys to give counsel and aid to the poor and oppressed natives, within their respective circuits, and to assist them in obtaining their just rights, without charge : provided, however, that they shall not be obliged to render such aid, counsel and assistance, unless equested so to do by the King, or by some one of the King's ministers or governors. Sec. 1090. The said district attorneys, whenever requested so to do by the Chief Justice of the Su- preme Court, shall visit the several districts or apanas, or any of them in their respective circuits, and discharge such official duties as may be required of them, relating to the administra- tion of justice. - Sec. 1091. The said district attorneys shall sever- ally, on or before the first Monday of January in each year, make reports to the Chief Justice of the supreme court, setting forth particularly the amount and kind of official business done by them respectively, in each circuit, in the year preceding, the number of persons prosecuted, the crimes and misdemeanors for which such prosecutions were had, the results thereof, and the punishments awarded against any person con- victed thereon ; and generally, they shall present in said re- ports, plain and particular statements of the criminal business of their respective circuits. To enable them to make such re- ports, it shall be the duty of the circuit judges, district justices, and other public officers, whenever requested so to do, to furnish them with such information in relation thereto, as they may possess. Sec. 1092. None of the said district attorneys shall receive any fee or reward from, or in behalf of, any person or prosecutor. for services rendered in any prosecution or business, to which it shall be their official duty to attend ; nor be concerned as counsel or attorney for either party, in any civil action depending upon the same state of facts. Sec. 1093. They shall severally account to the Minister of Finance, every three months, for all fees, bills of costs, fines, penalties, and other moneys received by them by virtue of their offices. - Sec. 1094. The district attorney for the first judi- dicial circuit shall, when required, give his opinion upon questions of law submitted to him by the King, either branch of the Legislature, the Governor of Oahu, or the head of any department. Sec. 1095. The district attorney for the first judi- dicial circuit shall receive a salary of two thousand dollars a year ; and the district attorney of the second circuit, a salary of fifteen hundred dollars. The district attorneys for the third and fourth circuits, shall each receive such compensation as may be determined by the judges of the supreme court, which shall be paid to them, severally, out of the public treasury, in equal monthly payments, in full, for all services rendered by them. CHAPTER XXIV.-Of Contempts. Sec. 1096. Every judicial tribunal, acting as such, and every magistrate acting by authority of law in a judicial capacity, may summarily punish persons guilty of contempt, as follows, viz.: 1. The supreme court, by imprisonment at hard labor not more than three months, or by fine not exceeding one hundred dollars, or by both such fine and imprisonment in the discretion of the court. 2. Any circuit court, or any court of probate, by imprison- ment at hard labor not more than two months, or by fine not exceeding one hundred dollars. 3. Any circuit judge or police justice, by imprisonment at hard labor, not more than thirty days, or by fine not exceeding fifty dollars. 4. Any district justice, coroner, or other person acting in a judicial capacity by authority from any court of record, by im- prisonment at hard labor not more than ten days, or by fine not exceeding ten dollars. Sec. 1097. Persons punished according to the provisions of this chapter, shall also be liable to in- dictment for the same misconduct, if it be an indictable offense ; but the court before which a conviction is had on the indictment, in passing sentence, shall take into consideration the punishment before inflicted. Sec. 1098. When the contempt consists in the omission to perform an act which is yet in the power of the party to perform, he may be imprisoned until he have performed it, and in that case the act shall be specified in the warrant of commitment. CHAPTER XXV. — OF THE PRACTICE OF COURTS () F RECORD. ART. XLVI.-Of Civil Suits. Sec. 1099. Every civil action hereafter to be tried in any of the courts of record in this kingdom, shall be commenced by petition, which petition shall be verified by the oath of the plaintiff, or some one on his behalf, deposing to the best of his knowledge and belief. Sec. 1100. In all suits for the recovery of money upon evidences of indebtedness, or vouchers certain or computable by the court, that is to say: upon promissory notes, bills of exchange, drafts, orders, bonds and ºther instru- ments. parol or specialty, the plaintiff in person, or by his attor- ney, shall file a petition for process, addressed to the Chief Judge or Justice of the court, in substance as follows: The undersigned claims of — —, residing at, —--, island of —, dollars, upon (a note or other evidence of debt, as the case may be) dated —, payable on —, with — interest from —. Said defendant has neglected and refused to pay the same until this date, (and in case of fraud or concealment, or other collusive or deceptive circumstances attendant upon the contracting or the non-payment of the debt, here insert the same according to the circumstances.) Wherefore, the undersigned asks the process of this court to cite the said defendant to appear and answer this demand. Dated — day of —, 18–. Plaintiff, or Plaintiff's Attorney. Sec. 1101. Upon the filing of such petition, in case no fraudulent circumstances be alleged by the plain- tiff, the clerk shall issue, under the seal of the court, a summons addressed to the Marshal or his deputy, which may be in the fol- lowing form : You are commanded to summon — —, defendant, in case he shall file written answer within twenty days after service thereof, to be and appear before the supreme court, (or circuit court for the -judicial circuit, as the case may be) at the — term thereof, to be holden at —, in the island of —, on the – day of —- next, at — o’clock A. M., to show cause why the claim — —, plaintiff, should not be awarded to him pursuant to the tenor of his annexed petition. And have you then there this writ with full return of your proceedings thereon. Witness, , Esquire, Chief Justice of the Supreme Court, at Honolulu, this — day of —, A. D. 18–. -—, Clerk. Sec. 1102. Every summons issued under the seal of a court of record, shall be served by the Marshal or his deputy, upon the defendant, by the delivery to him of a certified copy thereof, and of the plaintiff’s petition, to which petition shall always be annexed a literal copy of the voucher upon which it is predicated, (if any there bes) or in case the de- fendant cannot be found, by leaving such certified copy with some agent or person transacting the business of the defendant, or at the defendant’s last place of residence. (Seal.) THE CIVIL CODE. - 29 Sec. 1103. If the defendant was never an inhab- itant of the kingdom, (but has property situated within the same,) or has removed therefrom, and the fact shall appear by affidavit to the satisfaction of the court, or a judge thereof at chambers, and it shall in like manner appear that a cause of action exists against such defendant, or that he is a necessary or proper party to the action, such court or Judge may grant an order, that the service be made by publication of the Sudannons. Sec. 1104. Such order shall direct the publication to be made in the Government Gazette, for such length of time as may be deemed reasonable, not less than three months. In case the residence of the defendant is known, the court or judge shall, in addition to the publication, direct a copy of the summons and petition to be forthwith deposited in the post-office, addressed to the defendant, at his place of residence. When publication is ordered, personal service of a copy of the summons and petition, out of the kingdom, shall be equivalent to publication and deposit in the post-office. In either case, the service of the summons shall be deemed complete at the expira- tion of the time prescribed by the order for publication. Sec. 1105. It shall be necessary to join as defend- ants in a civil action, all the joint and several, or joint makers of promissory notes, or drawers of drafts, bills of exchange, or orders, or joint and several obligors, lessees, or parties of the first or second part to covenants, agreements and contracts, in suing for non-payment, non-acceptance, or non- fulfillment thereof, but it shall in no case be necessary to serve all the joint parties sued with process. Service of process upon one of several defendants at law, shall be legal service upon all for the purposes of appearance in court, and judgment may be entered against all such co-defendants thereon : provided, how- ever, that no execution shall issue against the sole property of any joint defendant on whom process was not duly served as aforesaid. Sec. 1106. It shall be incumbent upon every de- fendant served with process of summons as herein- before provided, within the time specified in the summons or order of publication, to file with the clerk of the court, an answer to the plaintiff’s demand, either admitting all the facts stated in the petition to be true, and denying that they are sufficient in law to support the plaintiff’s demand, which shall form an issue of law to be determined by the court, or denying the truth of the facts stated in the petition, which shall form an issue of fact to be determined by the jury. After either of these answers, there shall be no further pleading. Sec. 1107. Under the second answer mentioned in the last preceding section, the defendant may give in evidence, as a defence to any civil action, any matter of law Or fact Whatever. Sec. 1108. The respective courts of record shall have power to make such general and special rules, and orders, respecting notice to the opposing party, of matters intended to be given in evidence by either party to a suit, as shall be necessary to prevent surprise, and to afford an oppor- tunity for preparation for trial. Sec. 1109. In case the defendant does not put in an answer to the petition as hereinbefore required, the plaintiff may prove service of the summons by personal delivery or otherwise, and default in answering, by the clerk's certificate, and shall thereupon be entitled to demand and receive of the court, or a judge at chambers, an order declaring the defendant in default, and authorizing the clerk, if the demand be upon a promissory note or any other voucher contemplated by section 1100, to assess the amount of the plaintiff’s claim, principal, damages and interest, and to enter up judgment therefor and for the costs. Sec. 1110. In actions where the service of the summons was by publication, the plaintiff, upon the expiration of the time designated in the order of publication, may, upon proof of the publication, and that no answer has been filed, apply for judgment ; and the court or judge at chambers shall thereupon require proof to be made of the demand men- tioned in the complaint, and shall require the plaintiff or his agent to be examined on oath, respecting any payments that may have been made to the plaintiff, or to any one for his use on account of such demand, and may render judgment for the amount which he is entitled to recover. Sec. 1111. In case the defendant shall put in an answer denying the truth of the facts set forth in the plaintiff's petition, which answer shall be called the general issue, the clerk shall enroll the cause upon the calendar of civil causes triable in the court in which the action was commenced. Sec. 1112. In case the defendant shall put in an answer admitting the facts stated in the petition to be true, and denying that they are sufficient in law to support the plaintiff's demand, which answer shall be called a demurrer, the plaintiff shall join therein within twenty days on pain of being defaulted, and may apply to a Judge at chambers for a hearing and decision of the issue. Sec. 1113. The judge so applied to shall have power to cite the defendant, appoint a day for argument, cite witnesses to prove collateral facts involved, and to decide the issue, subject to exceptions by either party. Sec. 1114. If either party take exception to the decision of the judge at chambers, the cause may be placed upon the calendar of motions, with the decision of the judge at chambers, to be re-considered by the court in term time, at the cost of the party losing. Sec. 1115. If no exceptions be taken at chambers to the judge’s decision of a question of law, and no question of fact remains to be decided at the term, the judge shall make an order to the clerk to enter up the judgment awarded by him upon the issue, which shall be valid, subject to an appeal to the court in banco. ACTIONS UPON UNLIQUIDATED DEMANDS, &c. Sec. 1116. In all civil cases involving unliqui- dated demands constructive, implied, suppositious or hypothetical right on the part of the government, or of any private person, corporation or other party, being plaintiff, to recover money or damages pursuant to the words, or, the spirit or intent of any law heretofore, now, or hereafter to be passed, or of any instrument in writing signed by any party, or of any verbal understanding, contract or agreement, or in consequence of any injury direct or consequential to the party plaintiff, or to his property, real or personal, or to his character, or his feel- ings, the plaintiff in person, or by attorney, shall file with the clerk of the court, a petition for process, in substance as follows: The undersigned claims of — —, defendant, residing at —, island of —, the sum of — dollars, for damages result- ing to him (or as the case may be) for injury done by said de- fendant to (the person, the property, the character or the feel- ings of the plaintiff, as the case may be) in that the defendant did (here set forth the cause and the manner in which the injury was done, circumstantially with the view to proof) which the plaintiff alleges was done in contravention of his private rights under the laws. Wherefore the undersigned asks the process of this court, to cite the said defendant to appear and answer this his complaint before a jury of the country, at the term of this court, unless otherwise sooner disposed of by judicial authority. Sec. 1117. In all cases contemplated by the last preceding section, the plaintiff may, according to circumstances, include in his petition an allegation that the de- fendant is secreting his property, or disposing of the same, or colluding so to do, or is about to depart the kingdom, or is damaging or wasting the said property, and thereupon ask for process of attachment, or injunction, or personal arrest, against the defendant, as such plaintiff may judge proper to ask in the premises. Sec. 1118. In actions to recover at law any spe- cific property, real or personal, or any specific share or interest, or right to property, real or personal in kind, as in cases of replevin, or of ejectment, the plaintiff in person, or by attorney, shall file with the clerk of the court, a petition for process, which may be in the following form : The undersigned complains of — —, defendant, residing at —, Island of —, that he has unjustly, and contrary to law and the rights of the plaintiff, taken into his possession and converted to his use, (or occupation, as the case may be) the following property, viz: (here set forth the property wrongfully in the defendant’s possession, whether real or personal, and if personal, the articles by name or description, and if real, the metes, bounds, quantity and locality thereof, with the kind of title claimed by the plaintiff) valued at — dollars, or of in ejectment, state in lieu of the value, to the damage of said plain- tiff — dollars. Wherefore, the plaintiff asks the process of this court, to cite the said defendant to appear and answer this complaint before a jury of the country, at the – term of this court, unless sooner disposed of by judicial authority, and that the plaintiff may have restitution of said property, with dama- ges for its detention (or as the case may be.) Sec. 1119. In cases of ejectment, under the last preceding section, the plaintiff may, according to circumstances, allege in his petition, that there is danger the defendant or some one for him, will commit destruction of tene- ments or other property, on the premises in controversy, pen- dente lite, and thereupon ask for process of injunction, or other restraining process of the court, as such plaintiff may judge proper to ask. Sec. 1120. In every such case, in which process of constraint to the person or property of a defendant is prayed for, no such process shall issue until the plaintiff or some one on his behalf, shall have filed a bond conditioned for the reimbursement to the defendant of all costs, charges and dama- ges sustained by him in consequence of the suit, in case the plaintiff fail to sustain his action. Upon the filing of the peti- tion and bond, any judge of the court at chambers, may sanc- tion a constraining writ, by endorsing thereon his written al- lowance, without which no executive judicial officer shall be justified in the seizure, constraint, restraint or commitment of a defendant, or in the seizure, attachment, removal, detention or injunction of his property, real or personal. Sec. 1121. If the judge deem it proper that the defendant, or any of several defendants, should be heard before granting an injunction, he may grant an order requiring cause to be shown, at a specified time and place, why the injunction should not be granted; and the defendant may, in the mean time be restrained. Sec. 1122. In case the petition contains no prayer for constraining process, the clerk shall issue a sum- mons, addressed to the Marshal or his deputy, which may be in the following form : You are commanded to summon —- —, defendant, in case he shall file written answer within twenty days after service thereof, to be and appear before the supreme court, (or circuit court for the – judicial circuit) at the – term thereof, to be holden at —, on the – day of — next, at — o'clock A. M., to show cause why the claim of — —, plaintiff, should not be awarded to him pursuant to the tenor of his an- nexed petition. And have you then there this writ with full return of your proceedings thereon. Witness, , Esquire, Chief Justice of the Supreme Court, at Honolulu, this — day of —, 18–. , Clerk. Sec. 1123. In case the petition contains a prayer for process of constraint against the defendant, or his property, and the plaintiff has filed with the clerk a bond as prescribed in section 1120, approved by a judge atchambers, and the judge has allowed the constraining process, the clerk may issue a summons in the form prescribed in the last preceding section, with an additional clause after the words, “annexed petition,” as follows: And you are further commanded to arrest the said defendant and commit him to prison, unless he shall give bond to answer as aforesaid, (or to attach and keep safely the said personal property until judgment of restitution be awarded or refused) (or to enjoin the said defendant under penalty of — dollars, not to sell, mortgage, lease or rent the said real property, lands and tenements, until the dissolution of such injunction by competent judicial authority.) Sec. 1124. In all cases of attachment, sequestra- (Seal.) tion or injunction of real property, the officer serv- ing the writ shall, in addition to personal delivery of a copy thereof to the defendant, post upon the premises a copy of the process, and a notice of the day and hour when attached, seques- trated or enjoined, and shall also give notice thereof in the Government Gazette. All after-leases, mortgages, sales, be- quests, assignments, trust or other conveyances of said property, until the dissolution of the process, shall be void in law as against the plaintiff in such cases. Sec. 1125. All persons residing or being in this kingdom shall be personally responsible in damages, for trespass or injury, whether direct or consequential, to the person or property of others, or to their wives, children under majority, or wards, by such offending party, or by his wife, or his child under majority, or by his command, or by his animals, domitae or ferae matura ; and the party aggrieved may prose- cute therefor in the proper courts. Sec. 1126. Upon failure of any party defendant, after having been served with the process prescribed in sections 1101 and 1122, to answer the complaint within twenty days after service, the plaintiff in the action, upon proof to a judge at chambers, shall be entitled to an order for judg- ment by default, debarring the defendant from the right to answer. The judge or the court, shall have power, however, to open the default, in their discretion, for good and sufficient reasons. Sec. 1127. The clerk shall, after such default, enter the cause upon the calendar of assessments to be made ear parte at the term, upon sole adduction of plaintiff's evidence, without admitting the defendant to rebut the same : provided, however, that the defendant may in person, or by counsel, cross examine the plaintiff’s witnesses, and address the jury in mitigation of damages. Sec. 1128. The measure of damages in all cases contemplated by section 1116, shall be according to the true legal interpretation of the court upon the law, instru- ment, contract or agreement; and in all cases of injury, direct or cosequential, to the plaintiff in person, or his wife, child or servant, or to his, her or their character or feelings, or to his property, real or personal, the measure of damages shall be deter- mined by the jury. Sec. 1129. In actions of ejectment to enforce the right of possession of lands, it shall be sufficient to serve the party in actual possession thereof, though he be not the adverse claimant, or if no one be in actual possession at the time, to post a copy of the process, and notice to the party claiming adversely, in some conspicuous place upon the premises, at least thirty days before the first day of the term of the court at which the case is to be tried. Sec. 1130. Issues of fact arising in any suit, con- templated by sections 1100 and 1116, shall be tried by a jury, unless a jury trial be waived by the parties with the consent of the court. TRIAL BY REFEREES. Sec. 1131. In all cases of complication, and in cases involving long accounts, the court may, upon the written application of either party showing satisfactory cause, or of its own motion, appoint competent referees, as provided in Section 841, to hear and decide upon the facts and merits of the case, reporting their decision to the court: provided, however, that this provision shall not extend to any case contemplated by sections 1116 and 1118. Sec. 1132. Referees so appointed shall be sworn to the faithful and speedy investigation of, and to an honest award upon, the matters submitted to them. All per- sons residing for the time being within the jurisdiction of the court, and liable to serve as jurors, shall be liable to serve as referees upon appointment. Sec. 1188. Either party may take exception to the decision of the referees, upon a question of law, and it shall be the duty of the referees to note such exception. Sec. 1184. The report of referees in any cause shall be signed by them, or a majority of them. They shall file it with the clerk of the court by whom they were appointed, and such clerk shall notify the parties. Sec. 1185. The party in whose favor the report shall have been made, shall, within ten days after being notified by the clerk, move the court, or a judge at cham- bers, giving at least forty-eight hours notice of such motion to the opposite party, for judgment of confirmation, which the court or judge shall grant or refuse upon hearing the parties, or upon default of the opposite party to appear, after proper notice of such motion. Sec. 1136. Either party may except to the decis- ion of a judge at chambers upon the report of referees, file the grounds of his exception with the clerk of the court in arrest of judgment, and require such decision to be reported to the court upon the calendar of motions, for reconsideration. If confirmation be awarded or refused by a circuit court, either party may except and take an appeal to the supreme court, upon filing his exceptions with the clerk of the circuit court in arrest of judgment, within five days after the rendition of its decision. TRIAL BY THE COURT. Sec. 1187. The parties to a civil suit may, with the consent of the court, waive the right to a trial by jury, either by written consent, or by oral consent in open court entered on the minutes. Sec. 1138. In such case the court shall hear and decide the cause, both as to the facts and the law, and its decision shall be rendered in writing. If the taking of an account be necessary to enable the court to complete its judgment, a reference may be ordered for that purpose. Sec. 1189. Any party deeming himself aggrieved by the decision of a circuit court, on a question of law, in any such case, may appeal therefrom to the supreme court, upon filing written notice of such appeal with the clerk of the circuit court, within five days after the rendition of its decision, 3O TEIE CITV IL COIDE. SUBMITTING A CASE WITHOUT ACTION. Sec. 1140. Parties to a question in difference, which might be the subject of a civil action in the Bupreme court, may, without action, agree upon a case contain- ing the facts upon which the controversy dupends, and present a eubmission of the same to the justices of the supreme court, Bither in term time or in vacation. But it must appear by affi- davit, that the controversy is real, and the proceedings in good faith, determine the rights of the parties. Sec. 1141. The justices, or a majority of them, shall thereupon hear and determine the case, and render judgment thereon, in writing, as if an action were de- pending. Sec. 1142. Judgment shall be entered in such case, as in ordinary civil actions. The case, the submission, and the written decision, shall constitute the record. Sec. 1143. The judgment shall be final, and may be enforced in the same manner as if it had been rendered in an action. UNITING SEVERAL CAUSES OF ACTION. Sec. 1144. The plaintiff in a civil suit may unite several causes of action in the same complaint, when they all arise out of: 1. Contracts, express or implied ; or, 2. Claims to recover specific real property, with or without damages, for the withholding thereof, or for waste committed thereon, and the rents and profits of the same ; or, 3. Claims to recover specific personal property, with or with- out damages for withholding thereof; or, 4. Claims against a trustee, by virtue of a contract, or by operation of law ; or, 5. Injuries to character; or, 6. Injuries to the person ; or, 7. Injuries to property. But the causes of action so united shall all belong to one only of these classes, and shall affect all the parties to the action, and shall be separately stated. AMENDMENTS. Sec. 1145. Whenever a plaintiff in any action shall have mistaken the form of action suited to his claim, the court, on motion, shall permit amendments to be made on such terms, as it shall judge reasonable; and the court may, in furtherance of justice and on the like terms, allow any peti- iion or other pleading to be amended in any matter of mere form, or by adding or striking out the name of any party, or by cor- recting a mistake in the name of a party, or a mistake in any other respect. SET-OFF, AND TENDER. Sec. 1146. It shall be competent to the defendant in any civil action to plead an offset of like kind and denomination, existing in the same right between him and the plaintiff, or having made a legal tender of money in full pay- ment of the plaintiff's demand, to plead such tender, and bring the amount thereof into court in bar of further interest and costs, after such tender. Sec. 1147. If the demand set off is founded on a bond or other contract having a penalty, no more shall be set off than the sum equitably due. Sec. 1148. If there are several plaintiffs, the de- mand set off shall be due from them all jointly ; if there are several defendants, the demand set off, shall be due to them all jointly, except as is provided in the following section. Sec. 1149. When the person with whom a con- tract is made, has a dormant partner, and a suit is brought on such contract, by or against the partners jointly, any debt, due to or from the person with whom the contract was made, may be set off in like manner, as if such dormant partner had not been joined in the suit. Sec. 1150. When an action is brought by one person in trust, or for the use of another, the defend- ant may set off any demand against the person, for whose use or benefit the action is brought, in like manner as if that person were the plaintiff in the suit. Sec. 1151. The plaintiff shall be entitled to every ground of defense against such set off, of which he might have availed himself, in an action brought against him on the same ground. Sec. 1152. The statute limiting personal actions, if applicable to the set off, shall be applied in the same manner, as if an action thereon had been commenced at the time when the plaintiff's action was commenced. DEPOSIT IN COURT, &c. Sec. 1153. When it is admitted, by the pleading or examination of a party, that he has in his possession, or under his control, any money, or other thing, capable of de- livery, which being the subject of the litigation, is held by him as trustee for another party, or which belongs, or is due, to another party, the court may order the same, upon motion, to be deposited in court, or delivered to such party, upon such con- ditions as may be just, subject to the further direction of the Court. Sec. 1154. Whenever in the exercise of its author- ity, a court shall have ordered the deposit or delivery of money or other thing, and the order is disobeyed, the court, besides punishing the disobedience, may make an order requir- ing the Marshal, or any of his deputies, to take the money or thing, and deposit or deliver it in conformity with the direction of the court. JUDGMENT AND EXECUTION. Sec. 1155. Judgment shall be entered by the clerk, without motion, immediately upon the rendition of a verdict, or of a judgment of the court in banco, or of a judge at chambers, and execution may issue thereon at any time there- after, when called for, unless notice is given at the time of ren- dering the verdict, or judgment, of a motion for a new trial and J the filing of a bill of exceptions and bond, as provided by statute, within ten days after the rendition of such verdict or judgment: provided, that execution may issue within ten days, even though such notice be given, when good and sufficient cause can be shown therefor. The provisions of this section shall not affect the right of appeal. NEW TRIAL. Sec. 1156. Any party against whom a verdict or judgment is rendered, as set forth in the last pre- ceding section, may, upon filing a sufficient bond of security, conditioned for the payment of all costs of motion in case he fail to sugtain the same, and that he will not to the detriment of the plaintiff in the action, remove or otherwise dispose of any pro perty he may have liable to execution on such judgment, and upon giving notice of said motion and the grounds thereof to the opposite party, move the court at any time within ten days after rendition of verdict or judgment, for a new trial, for any cause for which by law a new trial may and ought to be granted. The filing of the bill of exceptions and bond shall operate as a stay of execution, until the motion is determined. WRIT OF ERROR. Sec. 1157. Any party deeming himself aggrieved by the decision of a police justice, or of a circuit judge at chambers, or of a circuit court in banco, or of any Justice of the supreme court, or by the verdict of a jury, in any civil suit, may at any time before the execution thereon is fully satisfied, within six months after the rendition of judgment, file with the clerk of the supreme court, his reasons for deeming himself aggrieved, assigning the causes of error, in such decision or verdict. Sec. 1158. Such party may, upon service of copy of such assignment of errors, and tender of error bond of security, conditioned for the payment of costs in case he fail to sustain his application, and that he will not to the detriment of the adverse party, remove or otherwise dispose of any pro- perty he may have liable to execution on the judgment, and upon at least ten days notice to the adverse party or his coun- sel, apply to any Justice of the supreme court, for a writ of error to be issued to the court below, or to the clerk of the supreme court, as the case may be, commanding such court or clerk to certify up the record and proceedings had in the cause, that the errors assinnged may be corrected. Sec. 1159. Upon the return of the writ with the record sent up, the supreme court may grant an order to the adverse party to join in error on pain of reversal of the former judgment ; and, after hearing the parties, or such of them as may attend for that purpose, shall thereupon give judgment, either affirming or reversing, or modifying the former judgment, or remanding the cause for a new trial. Sec. 1160. Every writ of error shall operate as a stay of execution, before the actual sale of property and satisfaction of judgment, and no executive judicial officer shall, after notice, proceed to satisfy any execution the judg- ment in regard to which has been removed by writ of error: provided, that such stay shall not release property under actual levy at the time, if the former judgment be affirmed by the Supreme court. MISCELLANEOUS PROVISIONS. Sec. 1161. The several courts of record may, from time to time, make such rules as they may deem necessary, for the guidance of their respective clerks in making up calendars of the causes, civil and criminal, coming on for trial in said Courts. Sec. 1162. Causes placed upon the calendsr shall be taken up and disposed of in the order in which they stand, unless postponed by the court at the request of the plaintiff or the defendant. Sec. 1163. When a cause is reached upon the cal- endar, the plaintiff shall be called by the clerk, and if the plaintiff be not present, nor represented by counsel who is present, or if he or his counsel being present, decline to an- swer when so called, he may be declared non-suit with costs. If, upon calling the plaintiff, he does appear, and the defendant having joined issue does not appear, or answer when called, the court may order judgment by default to be entered against such defendant, and allow the plaintiff to proceed ea parte before the court or jury, and the verdict of the jury or decision of the court, shall be rendered on such ea parte showing, unless good cause appear to the court for postponing the case. Sec. 1164. At the trial of every civil suit, the plain- tiff shall have the right to open the case, and first to introduce his witnesses and vouchers, and he shall also have the right to sum up the entire evidence, and close the debate after the defendant has fully ceased. The defendant may cross- examine the plaintiff's witnesses, and he shall have the right to introduce his witnesses of defence, when the plaintiff has rested his cause. The plaintiff may, in turn, cross-examine the defendant's witnesses. When all the evidence has closed, the defendant shall sum up his defence to the court or jury: pro- vided, that the Justices of the supreme court may, by standing rule, modify the application of the foregoing provisions, should it appear expedient to do so. Sec. 1165. Whenever two or more actions are pend- ing at one time between the same parties and in the same court, upon causes of action which might have been joined, the court may order the actions to be consolidated into one. Sec. 1166. The time within which an act is to be done, as provided in any part of this chapter, shall be computed by excluding the first day, and including the last. If the last day be Sunday, it shall be excluded. - Sec. 1167. When a cause of action has arisen in any foreign country, and by the laws thereof an ac- tion thereon cannot there be maintained against a person, by reason of the lapse of time, an action thereon shall not be maintained against him in this kingdom, except in favor of a domiciled resident thereof, who has held the cause of action from the time it accrued. ART. XLVII.-Of Criminal Prosecutions. Sec. 1168. In all offenses against the laws of this kingdom, triable only by a court of record, the of. fender shall be arraigned and prosecuted by indictment, by the legal prosecutor of the crown, at the ensuing term of the court having jurisdiction of the offense, unless the trial be postponed by the court, at the request of the party accused, or to afford reasonable time to obtain evidence on behalf of the prosecution. Sec. 1169. The necessery bills of indictment shall be prepared by the district attorney of each judicial circuit, respectively, and it shall be his duty to present such bills of indictment to the presiding judge of the court, before the opening of the term, and such judge shall, after examination, certify upon each bill of indictment, whether he finds the same to be a true bill or not. Sec. 1170. The district attorney shall furnish to the clerk of the court, at least three days before the first day of the term, a list of all criminal cases triable by jury at such term, that the calendar may be made up. Sec. 1171. Any person indicted for a crime punish- able with death, shall, on demand upon the clerk, by himself or his counsel, have a list of the jurors returned deliver- ed to him, and shall also have process to summon such witnes- ses as are necessary to his defence. Sec. 1172. In all cases in which the party accused is unable to employ counsel for his defence, the court may assign him counsel from among the licensed practitioners, who shall use every lawful exertion in his behalf, without fee or reward, upon pain of contempt to the court. Sec. 1173. Every native Hawaiian, arraigned upon indictment for any offense shall, on demand upon the district attorney, be furnished with a copy of the indict- ment in the Hawaiian language. Sec. 1174. The indictment shall be read aloud to the accused party, in open court, and after the read- ing thereof, the presiding judge shall call upon him to plead thereto, either guilty or not guilty. If the plea be guilty, the clerk shall enter the same of record, and no jury shall be neces- sary in the case ; but if the plea be not guilty, a jury shall be empanneled as prescribed by law. If the plea be guilty of the facts alleged in the indictment, but denying that these facts con- stitute the offense charged, there shall be no jury trial, but a trial on debate, at the bar of the court, upon the law involved. Sec. 1175. The prosecuting attorney shall open the case, and first introduce his witnesses and proofs, and after the evidence for the defence has been presented, and the accused, or his counsel, has summed up and closed his case, the prosecuting attorney shall have the right to sum up the en- tire evidence and close the debate. Sec. 1176. Under an indictment for robbery, lar- ceny, or any other offense, of more than one degree, the jury may, when the evidence will not warrant a verdict of guilty in the degree for which the prisoner is indicted, return a verdict for any lesser degree of the same offense. Sec. 1177. The verdict of the jury, or the decision of the court, as the case may be, shall, subject to arrest of judgment, found the sentence to be passed in open court by either of the justices, pursuant to the penalties of the law charged and found to have been violated, subject to the ex- ecutive clemency, or to a motion in arrest of execution for cause. Sec. 1178. The failure to prosecute upon the in- dictment, if found, at the ensuing term of the court, unless the venue be changed, or unless the cause be postponed by the court, or a failure to sustain the indictment upon the law involved, or a verdict of not guilty by the jury, or the succes- sive disagreement of two juries impanneled to try the cause, shall operate as an acquittai of the accused, and the court shall order his discharge from custody, subject, however, to the pro- visions of the next succeeding section. Sec. 1179. If a bill of indictment is not found against an accused person, by reason of his insanity; r if an accused person is tried upon indictment, and acquitted by the jury on the ground of his insanity ; and thereupon, if the discharge or going at large of such person shall be deemed dangerous to the peace or safety of the community, the court may order his confinement in the custody of the Marshal. Sec. 1180. Any judge of a court of record may, for cause shown to his satisfaction, respite any convicted criminal for any length of time sufficient for the purposes of mercy, or not to work injury to innocent third parties. Sec. 1181. No person at the time insane, and no woman at the time quick with child, shall suffer capital punishment : neither shall any child suffer such punish- ment, who has notevinced a knowledge of the distinction between right or wrong. Sac. 1182. In all cases in which the law of this kingdom awards the punishment of death, there shall intervene at least forty-eight hours between the conviction end the sentence ; and at least fourteen days between the sen- tance and the execution. Sec. 1183. The Marshal, or some one deputed by him, shall inflict the punishment of death, by hang- ing the criminal by the neck until fully dead, when the body shall be disposed of pursuant to the direction of the court. No capital punishment shall be so inflicted until the warrant for that purpose be signed by the King, and attested by the Kn- hina Nui ; nor shall such punishment be inflicted after His Majesty's pardon. Sec. 1184. In all criminal cases when the punish- ment is less than capital, the court before whom the conviction is had shall proceed as soon thereafter as may be, to pass sentence according to law, which sentence shall be record- ed by the clerk, and certified to the Marshal, or his deputy, in the ºr for imprisonment, or other punishment, as the case may be. º TEIFE CIVIL CODE. 31 ART. XLVIII.-Of Juries, and of Trial by Jury. Sec. 1185. It shall be the duty of each of the gov- ernors, respectively, in concert with some judge of a court of record, to prepare, annually, in the month of January, a list of the names of one hundred persons, being native Ha- waiians, residing within their respective gubernatorial divisions, who, in the opinion of such governor and judge, are competent to serve as jurors. - Sec. 1186. Each list shall be signed by the gov- ernor and judge preparing the same, and sent to the clerk of the supreme court at Honolulu, who shall write each name contained in such list on a separate piece of paper, and deposit the same in appropriate boxes to be kept by him for that purpose. Sec. 1187. The clerk of the supreme court shall, at least twenty days before any term of the circuit court, for the second, third and fourth judicial circuits, or of any term of the circuit or supreme court in the first judicial circuit, at which there may be cases coming on for trial, in which both or either of the parties are native Hawaiians, in the presence of one of the Justices of the supreme court, and the Marshal, or the Sheriff of Oahn, draw from the appropriate box the names of twenty-four native jurors, who shall be summoned to serve at the ensuing term of such court, in the cases above mentioned. Sec. 1188. It shall be the duty of the Governor of Oahu, and the Governor of Maui, respectively, in concert with some iudge of a court of record, to prepare semi- annually, in the months of March and September, a list of the names of fifty persons residing within their respective guberna- torial divisions, being foreigners by birth, or of foreign parent- age, who are competent. in the opinion of such governor and judge, to serve as jurors. Sec. 1189. The lists of names provided for in the last preceding section, shall be signed and sent to the clerk of the Supreme Court. and by him disposed of in the man- ner prescribed in section 1186, in relation to lists of native jurors. Sec. 1190. The clerk of the Supreme Court shall, at least twenty days before any term of the circuit court for the second judicial circuit, or of the Circuit or Supreme Court in the first judicial circuit, at which there may be cases coming on for trial, in which both or either of the parties is a foreigner by birth, in the presence of one of the Justices of the Supreme Court, and the Marshal, or the Sheriff of Oahu, draw from the appropriate box the names of thirty-six foreign jurors, who shall be summoned to serve at the ensuing term of such court, in the cases above mentioned. Sec. 1191. Whenever it may be necessary or pro- per, for the trial of any cause in the circuit court for the third or fourth judicial circuits, to have a jury composed wholly or in part of foreigners, the presiding judge of such cir- cuit court, for the time being, shall summon, from among the foreigners residing within such circuit, a sufficient number of persons to act as jurors in such case. Sec. 1192. It shall be the duty of the clerks of the several courts of record, respectively, at least twenty days before any term of such court, at which there may be any criminal case or cases coming on for trial, in which any accused party is an alien foreigner, to send a letter (upon the request of the accused party, or his counsel) to the nearest consul, or vice- consul, of the nation to which such accused party belongs, if any there be within the kingdom, requesting him, on or before the tenth day from the date of said letter, to propose the names of thirty-six persons, residing within the circuit, for the acceptance of the Hawaiian Government, as jurors from which may be drawn a jury for the trial of such accused person or persons. Sec. 1193. The clerks of the several courts of re- cord, so far as the acceptance of such persons as jurors is concerned, are empowered to act for and on behalf of the government, within their respective circuits. Sec. 1194. In case of the refusal or neglect of such consul, or vice-consul, to propose said jurors within ten days after the date of such request, such refusal or neglect shall be considered as a proposal on the part of said consul or vice-consul, that the jury for the trial of such accused person, or persons, shall be drawn from the array of jurors for the trial of civil cases in which any foreigner is a party. Sec. 1195. When a list of thirty-six persons shall be duly proposed by such consul or vice-consul, and accepted by said clerk, their names shall be certified to the Mar- shal, or his deputy, who shall summon them to attend upon the court as jurors for the trial of such accused person or persons. Sec. 1196. In all civil cases in which one party is a native Hawaiian, and the other a foreigner, (alien or naturalized,) the jury shall be composed of an equal number of natives and foreigners, who shall be drawn alternately from the boxes containing the names of such natives and foreigners as have been summoned to attend the court as jurors, in such cases: provided, always, that either party, with the consent of the other, may waive his right to a mixed jury. Sec. 1197. All native Hawaiians, accused of any crime, shall be tried by a jury composed entirely of natives; and all naturalized foreigners, by a jury composed en- tirely of foreigners, who shall be drawn from the array of native and foreign jurors, respectiveiy, returned to serve at the term. Sec. 1198. At the trial of any case requiring a jury, in the Supreme Court, or in any Circuit Court, the clerk of the court shall draw such jury, to the number of twelve, from the box or boxes containing the names of such per- sons as have been duly summoned to attend as jurors; and if any of the said twelve be challenged and set aside, he shall continue to draw from said box or boxes until twelve impartial jurors are obtained, when they shall be sworn as the jurors for the trial of such cause. Sec. 1199. Whenever a sufficient number of jurors duly summoned, do not appear, or cannot be obtained to form a jury, the court may order the Marshal, or his deputy, to summon from among the bystanders, or from the circuit at large, so many persons qualified to serve as jurors, as shall be sufficient. Sec. 1200. The Marshal, or his deputy, shall sum- mon the number so ordered, and return their names into court. Every person so summoned shall attend forthwith and serve as a juror, unless excused by the court; and for every neglect or refusal so to attend, shall be answerable to the court in the same manner as jurors regularly summoned as hereinbe- fore provided. The persons as summoned shall be subject to challenge as other jurors. Sec. 1201. Every person arraigned and put on his trial for any offense punishable with death, shall be entitled peremptorily to challenge ten of the persons drawn as jurors for such trial, and no more. Sec. 1202. In all cases, civil or criminal, either party may challenge any juror drawn for such trial, for cause to be assigned to the presiding judge, who may deter- mine the validity of the objection urged against the competency of such juror, or submit the question to the determination of three triors to be appointed by him. Sec. 1203. No jury, for the trial of any case, civil or criminal, shall be less than twelve in number; but when nine of such jury shall agree upon a verdict, they may render the same, and such verdict shall be as valid and binding upon the parties as if rendered by all twelve. Sec. 1204. Whenever any jury shall return into court, and state that they cannot agree upon a ver- dict, the court may, in its discretion, discharge such jury, or re- mand them to the jury room for further deliberation. Sec. 1205. The Chief Justice of the Supreme Court shall have power, in any intricate case, or case in- volving artistical or professional knowledge, or skill, pending in such court, upon the application of either party, to summon the adverse party to appear and show cause, if any he has, why a special jury should not be struck for the trial of such case. Sec. 1206. If the adverse party do not appear in obedience to the summons, or, appearing, fail to as- sign any satisfactory cause to the contrary, and the Chief Jus- tice shall be of the opinion that the ends of justice will be best reached by such a jury, he may order a special jury to be struck. Sec. 1207. Special juries shall be struck in the fol- lowing man : The Chief Justice shall appoint a time and place for striking the jury, at which the party applying for such jury shall notify the adverse party to attend. The clerk of the Supreme Court shall, at the time and place appointed, draw off a full list of the names of the jurors last furnished him for the trial of civil cases, (native, foreign or mixed, as the case may be,) when the parties in person, or by attorney, beginning with the plaintiff, shall alternately strike off from said list, one name, until only twelve names remain on the list; and those twelve shall constitute the jury to try the particular cause for which they were struck. If either party shall fail to attend at the time and place of striking such jury, or shall neglect to strike out any names according to the foregoing provisions, the clerk shall strike for him. Sec. 1208. The twelve jurors chosen as provided in the last preceding section, shall be summoned in like manner as other jurors, and shall be in like manner answerable to the court for non-attendance. They shall not be liable to challenge for any cause whatever. Sec. 1209. The expense of striking a special jury shall be paid by the party applying for the same, and Shall not be taxed in the costs of the Suit. Sec. 1210. It shall be the duty of the clerk of the Supreme Court to certify to the Marshal, or his deputy, the names of all jurors, both native and foreign, who are drawn to serve at any term of the Supreme Court, or of any Circuit Court, as provided in sections 1187 and 1190, in order that such jurors may be duly summoned. Said clerk shall also publish the names of such jurors in the Government Gazette, for public information. Sec. 1211. Every such juror, if duly summoned at least forty-eight hours previous to the holding of the court, shall be punishable for non-attendance, by fine not exceed- ing one hundred dollars, in the discretion of the court, for each day that he fails to attend without reasonable cause; and he may be brought up by summary attachment for that purpose. ART. XLIX.—Of Witnesses and Evidence. Sec. 1212. The clerks of the several courts of re- cord shall issue to the district attorney, and to any party plaintiff or defendant in any cause, civil or criminal, de- pending before said courts, respectively, or to the counsel of such party, writs of subpoena for witnesses, in blank, that the names of the witnesses to be summoned may be inserted after the issu- ing of such writ. Sec. 1213. Such writs of subpoena shall be signed by the clerk, and impressed with the seal of the court, and shall be obligatory upon the Marshal and his deputies, and upon the parties actually served therewith. Sec. 1214. Upon non-attendance of witnesses duly summoned, the service of the writ being proved by the oath of the officer who served the same, the court shall have summary power to cause their attendance, and to punish them for contempt. Sec. 1215. The several district attorneys may re- quire of any judge of a court of record, at chambers, that witnesses material to the prosecution of any criminal indict- ment preferred, or about to be preferred, be bound by recog- nizance, to appear and testify at the trial of such indictment, or that such witnesses be committed to jail for that purpose, and the judge so applied to shall have power so to do. Sec. 1216. No person shall be bound to attend as a witness upon the trial of any civil cause, in any court of record, unless his traveling fees be paid, or tendered to him at the time of the service of the subpoena. Sec. 1217. Witnesses in criminal cases, whether for the prosecution or the defense, shall not be enti- tled to any fees. Sec. 1218. No person shall hereafter be disqualified from giving evidence in any civil suit, in any court of this kingdom, on the ground of his being interested in the re- sult of such suit: provided, always, that the plaintiff or defen- dant of record, or the real plaintiff or defendant in interest, shall not be allowed to testify in his own behalf. Sec. 1219. In any criminal case tried before any court of this kingdom, the husband or wife of the party accused shall be a competent witness for the defense. Sec. 1220. No person who shall have been duly convicted, in this kingdom, of the crime of murder in either degree, of sodomy, of arson, of perjury or subornation of perjury, or of forgery, shall be a competent witness for another in any civil suit or proceeding: provided, however, that a con- viction for any offense other than perjury, or subornation of per- jury, shall not disqualify the person convicted from testifying in any criminal cause. COMMISSIONS TO TAKE TESTIMONY. Sec. 1221. Either party to a cause pending in any court of record, may move such court, or a judge thereof at chambers, upon sworn petition showing the absence of a material witness, for a commission to take the testimony of the same, whether residing in a foreign country, or in some other circuit than that in which the cause is pending. Sec. 1222. The party applying for such commis- sion, shall file his interrogatories with his sworn peti- tion, and shall suggest for the consideration of the court, or judge, suitable persons being disinterested and impartial, to exe- cute the commission; he shall also serve copy of his petition, re- commendations and interrogatories, upon the adverse party, and the court, or judge, may grant or refuse his motion, after hear- ing any objections which may be urged against it. Sec. 1223. If the motion is granted, the court or judge may make an order upon the adverse party, requiring him to file his cross-interrogatories within a given time, or be precluded from the right to cross-examine the witness. If the interrogatories be crossed, or if the adverse party neglect or refuse to cross them pursuant to order, the court or judge may issue the commission, appending thereto the interrogatories, and direct the commissioners to cite, and with the aid of the local authorities, to compel the attendance and deposition on oath of the witnesses named therein. Sec. 1224. No such commissioner shall be author- ized to put any other question to a witness than those appended to the commission. The witnesses shall sign their re- spective answers as given, and the commissioners shall certify the same, and transmit them sealed, to the clerk of the court, to be used in evidence. Depositions so taken in any civil case, shall be received as valid evidence in such case, unless impeach- ed for fraud or collusion, or gross impropriety. Sec. 1225. Any party to a civil suit pending in any court of record, may apply to the court in term time, or to a justice thereof in vacation, upon affidavit, giving the opposite party at least twenty-four hours previous notice of such application, for a commission to take the testimony of any material witness, to be used at the trial of the cause, where such witness is about to quit the kingdom, or is so ill that it is feared he will not live till the day of trial. TRANSCRIPT OF JUDICIAL RECORDS. Sec. 1226. A transcript of any of the records and judicial proceedings of any court of record, or of any judge of a court of record at chambers, shall be admitted in evidence, upon being authenticated by the attestation of the clerk of such court, with the seal of such court annexed, or of the judge at chambers before whom the proceedings were had, with the seal aforesaid. Sec. 1227. A transcript from the docket of any cir- cuit judge at chambers, or of any police or district justice, of any judgment had before him, of the execution issued thereon, if any, and of the return to such execution, if any, when subscribed by said judge or justice, shall be evidence to prove the facts stated in such transcript, in any other court. ART. L.—Of Equity, Admiralty, and Probate JMatters. Sec. 1228. All applications for the foreclosure of any mortgage of real or personal property; for the abatement of nuisance, public or private; for the annulment of charters and other corporate rights, or for restraint or prohibi- tion in the exercise thereof; for proclamation by scire facias; for sequestration of property upon legal or equitable grounds; for divorces and separations; for the affiliation of bastards; for the partition and division of real property; for the admeasure- ment of dower; for inquiries of lunacy or insanity; or for inqui- ries de ventre inspiciendo to determine the right of property, shall be by sworn petition addressed to some court, or justice, having jurisdiction thereof. Sec. 1229. Upon the filing of such petition, the court or judge shall determine, eac parte, upon the propriety of granting the process prayed for. In cases not de- manding secresy, or occasioning doubt, the court or judge may, before issuing process, grant an order to show cause, and make any interlocutory order in the matter, which may appear neces- sary to the ends of justice. Sec. 1230. When process is issued in any such case, it shall be served by delivery of a copy of the petition and of the summons to the defendants, or in case they cannot be found, by leaving such copy with some one upon the premises involved in the controversy, or in such other manner as the court or judge may direct. The officer charged with service of the process shall also, if so directed by the court or judge, publish in the Government Gazette a notice of such suit or proceeding, calling upon all persons interested to appear and show cause against it, at the time and place appointed for the hearing. Sec. 1231. The court or judge may assess the amount due upon mortgages, whether of real or per- sonal property without the intervention of a jury, after hearing of the parties, and adduction of the proofs, and shall order judgment or decree to be entered for the amount awarded, and 3% THE CIVIL COIDE. execution to be i38 uéd thereon, Bubject to appeal in all cases except where the judgment or decree is rendered by the supreme court. Sec. 1232 All prior and subsequent mortgage creditors, whose names are or can be discovered by the party foreclosing a mortgage, ahall be made parties to his application, and if discovered before the day appointed for hearing, they shall be served with copy of the petition. Sec. 1233. Mortgage creditors shall be entitled to payment according to the priority of their liens, and not pro rata ; and decrees of foreclosure shall operate to ex- tinguish the liens of subsequent mortgages of the same property, without enforcing prior mortgagees to their right of recovery. The surplus after payment of the mortgage foreclosed, shall be applied pro tanto to the next junior mortgage, and so on to the payment, wholly or in part, of mortgages junior to the one a88essed. Sec. 1234. The mortgagor, or any subsequent mortgagee, may appear and answer matter of fact or of law, pleadable in defence to the application or petition for foreclosure, and shall be allowed to show any matter in legal or equitable avoidance of the mortgage. Sec. 1235. All applications for the foreclosure of any hypothecation or other maritime lien, upon any vessel, domestic or foreign, or for the enforcement of the rights of salvors, or of material men, or for damages in cases of colli- sion, or for the forfeiture of any vessel or other property for a breach of the revenue laws, or in causes of damage where the right of action arose without the jurisdiction of this kingdom, shall be by sworn petition, in the nature of a libel, addressed to the Chief Justice, or first Associate Justice of the Supreme Court. Sec. 1236. Upon the filing of any such petition, the justice shall determine, ea, parte, upon the propriety of granting the process prayed for. He may, before issuing process, grant an order to show cause, if in his opinion advis- able to the ends of justice. Sec. 1237. When process is issued in any such case, it shall be served by delivery of copy of the petition, and of the judge's citation, to the defendants, or in case they cannot be found, by leaving such copy with some one upon the vessel libelled for foreclosure, or attached for payment of a maritime lien or liability, or for a breach of the revenue laws ; or if service cannot be made as aforesaid, it may be made in such other way as the justice shall specially direct. As 800n after service as may be, the Marshal or his deputy shall, in the discretion of the justice, publish in the Government Gazette, for such period as he may deem equitable, a notice of such action or proceedings, attachment, intended foreclosure, or sale upon hypothecation, or maritime lien, or forfeiture, and inviting all persons interested to show cause against it on or before the day assigned for the hearing. Sec. 1288. In all such cases the, the justice may hear and determine the controversy, without the in- tervention of a jury ; or he may cause a jury to be impanneled, for the purpose of trying the facts involved in the cause, in ac- cordance with the provisions of section 854. After hearing of the parties, and adduction of the proofs, and the verdict upon the facts being rendered, or the decision being pronounced by the justice, he shall order the clerk to enter up judgment there- on, subject to appeal, or to a motion for a new trial, and to issue execution thereon as in cases not maritime. Sec. 1239. When an appeal is taken in any such cause, from a deccision rendered by the justice with- out the intervention of a jury, the case on appeal shall be heard and determined by the supreme conrt in banco. Sec. 1240. Hypothecations and maritime liens shall follow the course of the law of nations, the law of the place of the contract, the law maritime and the law mer- chant in like cases, which the judge or court shall apply there- to, and to the apportionment and distribution of the proceeds arising therefrom. Sec. 1241. Matters of probate and of administra- tion, shall be heard and determined by the judge or court having jurisdiction thereof, without the intervention of a Jury. Sec. 1242. In all cases in which any person, whether subject of this kingdom or otherwise, shall decease in any part of this kingdom, leaving a will in this kingdom of his or her property within its jurisdiction or abroad, or having died abroad, and there left a will bequeathing or dis- posing of his or her property in this kingdom, it shall be incum- bent upon the person named as executor of such will, or on the person to be benefited thereby, or on the person in whose charge the same was deposited, or some person in behalf of those interested, to apply to some judge of a court of record, at chambers, for probate of such will, and for citation of the wit- nesses thereto, and of the next of kin of the decensed. Sec. 1243. It shall in like manner be incumbent on the person entitled and desirous to administer, according to the priority of right hereinafter prescribed, upon the estate of any person dying intestate in this kingdom, and leaving property therein, or dyiug abroad and leaving property in this kingdom, to apply by petition to some judge of a court of record, at chambers, for power to administer thereon. Sec. 1244. All applications for probate of wills, or for letters of administration, shall be by sworn peti- tion, in which the party shall set forth circumstantially all the facts upon which his application rests. - Sec. 1245. In the appointment of administrators upon the property of deceased persons, the following order of priority shall be observed : 1. The husband of a deceased wife ; 2. The wife of a deceased husband ; 3. The children being major ; 4. The brothers and sisters of the deceased ; 5. The cousins germain of the deceased ; 6. Any bona ſide creditor applying for administration : Provided, however, that the judge may, for satisfactory cause, disregard the order of priority herein prescribed. Sec. 1246. The judge shall make the necessary orders for, and prescribe the length of time during which, executors and administrators shall give notice to credi- tors and debtors of the estate, and for the filing of inventories of the aggest8. Sec. 1247. Executors and administrators shall in no case be liable to suit, until the expiration of six calendar months after probate, or letters of administration granted. Sec. 1248. In all cases contemplatod by the pro- visions of this article, the court or judge shall have power to issue all such letters rogatory, or commissions to take testimony, as may be necessary and proper in any particular Cage. CHAPTER XXVI.-OF THE EXECU HIVE EXTRA-JUDICIAL OFFICERS. ART. LI.-Of the Registrar of Conveyances—His Duties, &c. Sec. 1249. There shall be a bureau in the depart- ment of the Interior, to be called the Bureau of Conveyances; and His Majesty shall appoint, upon the nomi- nation of the Minister of the Interior, some suitable person to superintend Bureau, under the direction of said minister, who shall be styled the “Registrar of Conveyances,” and hold his office at the pleasure of the King. Sec. 1250. Said Registrar shall take an oath faith- fully to discharge the duties of his office, and he shall give to the Minister of the Interior, for the benefit of the public, a bond in the penalty of at least one thousand dollars, condi- tioned to answer to any party aggrieved, upon assignment thereof, for any damages, losses, or injuries sustained by reason of his negligence, carelessness or misconduct in office, or by reason of false certificates of search or encumbrance by him at any time made or given, to the detriment of the party pros- ecuting. Sec. 1251. The said Registrar shall be entitled to demand and receive the following fees, viz.: 1. For the registry of any deed, lease, mortgage, or other instrument required by law to be recorded, or presented for record, fifty cents for one hundred words ; 2 For taking any acknowledgment preparatory to registry, one dollar for each party signing ; 3. For every copy of any instrument recorded in his office, authenticated by his seal of office, fifty cents for one hundred words ; 4. For searching the records, and giving the certficate re- quired by law, twenty-five cents for each year searched ; Which fees shall belong, and are hereby appropriated to the said Registrar, as his exclusive perquisites of office. Sec. 1252. The said Registrar shall, under the direction of the Minister of the Interior, appoint a deputy, for whose official acts he shall be responsible, and whose appointment he shall cause to be announced in the Government Gazette. It shall be the duty of such deputy to act as Registrar of Conveyances. during the absence of the Registrar, or in case of a vacancy in that office. Sec. 1258. The said Registrar may, under the direction of the Minister of the Interior, appoint suitable persons, throughout the kingdom, as agents for taking and certifying the acknowledgment of instruments, to be re- corded in his office. Sec. 1254. It shall not be lawful to record any conveyance, or other instrument required by law to be stamped, unless the same shall have been previously im- pressed with the Royal stamp, as provided in section 422. Sec. 1255. To entitle any conveyance, or other instrument to be recorded, it shall be acknowledged by the party or parties executing the same, before the Registrar of Conveyances, or his agent, or some judge of a court of record, or notary public of this kingdom, or before some minister, com- missioner or consul of the Hawaiian Islands, or some notary public or judge of a court of record, in any foreign country. But if any party to an instrument executed within this kingdom shall die, or depart from the kingdom without having acknow- ledged his deed, or shall refuse to acknowledge it, the deed may be entered of record on proof of its execution by a subscribing witness thereto, before any judge of a court of record in this kingdom. If all the subscribing witnesses to such conveyance or other instrument shall be dead, or out of the kingdom, the same may be proved before any court of record in this kingdom, by proying the handwriting of the grantor and any subscribing witness. Sec. 1256. It shall not be lawful to enter of record any release of dower in lands or other property, signed by an undivorced wife, without her previous acknowledg- ment to the Registrar of Conveyances, or one of his agents, or some officer authorized to receive such acknowledgment, apart from her husband, that she had signed such release without compulsion, fear or constraint from her husband. Sec. 1257. Every officer who shall take the ac- knowledgment or proof of any instrument, shall endorse a certificate thereof, signed by himself, on the instrument and in cases of proof, give the names of the witnesses examined before him, their places of residence, and the substance of the evidence by them given. Sec. 1258. Every conveyance, or other instrument, stamped and acknowledge or proved, and certified in the manner hereinbefore prescribed, by any of the officers before named, may be read in evidence without further proof thereof, and shall be entitled to be recorded. Sec. 1259. The record of an instrument duly re- corded, or a transcript thereof, duly certified, may also be read in evidence, with the like force and effect as the original instrument. Neither the certificate of acknowledgment, nor the proof of any instrument, shall be conclusive, but may be rebutted, and the force and effect thereof may be contested by any party affected thereby. If the party contesting the proof of an instrument shall make it appear that such proof was taken upon the oath of an interested or incompetent witness, neither such instrument, nor the record thereof, shall be received in evidence until established by other competént proof. Sec. 1260. Every instrument entitled by law to be recorded, shall be recorded in the order, and as of the time when the same shall be delivered to the Registrar for that purpose, and shall be considered as recorded from the time of such delivery. Sec. 1261. It shall be the duty of the Registrar of Conveyances to make an entire literal copy of all iustruments required to be recorded in his office, in books suita- ble for that purpose, which shall be provided by the Minister of the Interior, and at the foot of said copy certify its correspond- ence with the original, after which he shall certify upon the exterior, or endorse upon said recorded instrument, the date of its registry, the book in his office in which, and the page of said book at which, it was registered. Sec. 1262. All deeds, leases for a term of more than one year, or other conveyances of real estate within this kingdom, shall be recorded in the office of the Registrar of Conveyances, and every such conveyance not so recorded, shall be void as against any subsequent purchaser, in good faith and for a valuable consideration, not having actual notice of such conveyance, of the same real estate, or any portion thereof, whose conveyance shall be first duly recorded. Sec. 1263. All mortgages of chattel property, in- dentures of apprenticeship, articles of marriage set- tlement, powers of attorney for the transfer of real estate within this kingdom, and agreements of adoption, shall, in order to their validity, be recorded in the office of the Registrar of Con- veyances, in default of which no such instrument shall be bind- ing to the detriment of third parties, or conclusive upon their rights and interests. Sec. 1264. The Registrar of Conveyances shall, when applie to therefor, furnish an attested copy of any instrument or document recorded in his office, and he shall also give certificates of search or incumbrance, or of any fact ap- pearing upon his records, upon being paid the fees hereinbefore specified. Sec. 1265. All records of instruments made in the office of the Registrar of Conveyances, anterior to the tenth day of July, A. D. 1850, whether in the book required by law or otherwise, shall be deemed to have been duly recorded. ART, LII.—Of JVotaries Public. Sec. 1266. There shall be appointed by the King in Privy Council, upon the recommendation of the Minister of the Interior, one or more suitable persons in each of the gubernatorial divisions of the kingdom, to be notaries public, and to hold office as such during His Majesty’s pleasure. Sec. 1267. No person who is not a subject of this kingdom shall be eligible to the office of notary pub- lic 3 and every person appointed to that office shall, before en- tering thereon, take and subscribe an oath for the faithful discharge of his duties,which oath shall be filed in the Department of the Interior. Sec. 1268. Every notary public shall constantly keep a seal of office, whereon shall be engraven his name, a -d the words “notary public,” and “Hawaiian Islands.” Sec. 1269. It shall be his duty, when requested, to enter on record all losses or damages, sustained, or apprehended, by sea or land, and also all averages, and such other matters as, by mercantile usage, appertain to his office, and cause protest thereof to be made, duly and formally. Sec. 1270. All facts, extracts from documents, and circumstances, so noted, shall be signed and sworn to, by all the persons appearing to protest ; and he shall note, extend and record the protest so made ; and shall grant authenticated copies thereof, under his signature and notarial seal, to those who request and pay for the same. He shall also in behalf of any person interested, present any bill of exchange, or other negotiable paper, for acceptance or payment, to any party, on whom the same is drawn, or who may be liable there- for ; and notify all endorsers, or other parties, to such bill or paper ; and he may, in general, do all the acts to be done by notaries public by the usages of merchants, or which are author- ized by the laws of this kingdom. Sec. 1271. The protest of any foreign or inland bill of exchange, or promissory note or order, duly certified by any notary public, under his hand and official seaſ, shall be legal evidence of the facts stated in such protest, as to the same, and also as to the notice given to the drawer or en- dorser, in any court of law. Sec. 1272. Whenever any promissory note, bill of exchange, draft or order for the payment of money, payable at a future day, or at sight, and not on demand, shall become payable in this kingdom, the maker of any such note, and the accepter of any such bill of exchange, respectively, shall be entitled to a grace of three days, unless the third day happen to be Sunday, or a day of public fast or thankgiving ap- pointed by the King ; in which excepted cases, a grace of two days only, shall be allowed. Sec. 1278. Every notary public shall record at length in a book of records, all acts, protests, depo- sitions, and other things, by him noted or done in his official capacity ; and all copies or certificates, by him granted, shall be under his hand and notarial seal, and shall be received as evidence of such transaction. Sec. 1274. On the resignation, removal from office, or death, of any notary public, his records shall be deposited with the clerk of the nearest court of record to the place where his office was situated ; and by a neglect for three months to comply with the above requisition, such notary, his executor or administrator, shall forfeit not less than fifty, nor more than five hundred dollars, in the discretion of the court. Sec. 1275. All forfeitures under the last preceding section shall be one half to the Government, and the other half to him who shall sue for the same, - THE CIVIL CODE. -- 33 Sec. 1276. Every notary public shall be entitled to demand and receive the following fees, viz.: 1. For noting the protest of mercantile paper, two dollars ; 2. For each notice and certified copy of protest, two dollars ; 3. For noting any other protests, three dollars ; 4. For every notice thereof, and certified copy of protest, three dollars ; 5. For every deposition, or official certificate two dollars. CHAPTER XXVII.-OF COSTS IN THE JUDI- CIARY DEPARTMENT. Sec. 1277. In the Districts Courts. For every summons, warrant, attachment, execution and other process, issued by any district justice, one dollar. For every subpoena, fifty cents. For rendering and entering up judgment, 9ne dollar. For administering any oath, twelve and a half cents. For noting appeal, and making return upon the same to the appellate court, one dollar. - fyitnesses' Fees :—For every witness attending and sworn upon the trial of any civil case, twenty-five cents. Constables' Fees :-For serving any Warrant or Summons, one dollar. For servilg any attachment, one dollar ; and for a copy thereof, and an inventory of the property attached, to be left with the defendant, or at his last place of residence, one dollar. For all necessary travel in serving summons, warrant, attach- ment, execution, or other process, five cents per mile for every mile more than one. For serving subpoena, twelve and a half cents for each witness. For serving any execution, ten cents for every dollar collected up to the amount of fifty dollars, and five cents for every dollar collected over fifty dollars. Sec. 1278. In the Police Courts. For every summons, warrant, attachment, or other process, issued by any police justice, one dollar. For every adjournment upon the motion of either party, twenty-five cents. For every subpoena, fifty cents. For administering any oath, twelve and a half cents. For filing any paper at the request of either party, twelve and a half cents. For rendering and entering up judgment, one dollar. For every transcript of a judgment, fifty cents. . For every bond, or other security, drawn by the justice, one dollar. For noting an appeal, twelve and a half cents ; and for making a return thereof, one dollar. Witnesses' Fees :-Every witness attending and sworn upon the trial of any civil case, twenty-five cents; and when coming, from any place out of the district, fifty cents for each day's actual attendance. Constables' Fees :-For serving any summons, Warrant attachment, or other process, one dollar. For every copy of an attachment and inventory of the pro- perty attached, served upon the defendant, one dollar and fifty cents. For serving any execution, ten cents for every dollar collected up to fifty dollars, and five cents for every dollar over fifty dollars. For serving any subpoeua, twelve and a half cents for each witness. For every mile of necessary travel, more than one, in Serving any process, five cents. for taking care of any property seized under an attachment, his reasonable and necessary expenses. Sec. 1279. In trials at Chambers before the Cir- - cuit Judges. For every summons, warrant, attachment, or execution, one dollar. For every subpoena, fifty cents. For every adjournment on motion of either party, twenty-five CentS. - For administering any oath, twelve and a half cents. For filing any paper on motion of either party, twenty-five cents. For rendering and entering up judgment of record, one dollar. For every transcript of a judgment, fity cents. For every bond or other written security drawn by the judge, one dollar. For noting an appeal, fifty cents ; and making a return there- of, one dollar. Witnesses’ Fees :-Every witness attending and sworn upon the trial of any civil case, twenty-five cents ; and when coming irom any place out of the district where the court is holden, fifty cents for each day’s actual attendance. Constables' Fees :-The fees of constables shall be same as those prescribed in the last preceding section, for police courts. Sec. 1280. In the Circuit and Supreme Courts : For filing any petition, plea, or other paper, at the request of either party, twenty-five cents. For every summons, attachment, execution, or other process, five dollars. For entering any petition, process, plea, or other proceeding, of record, twenty-five cents per folio. For every subpoena, two dollars and fifty cents. For drawing jury and issuing summons for same, five dollars. For calling and swearing any jury, one dollar. For swearing each witness on trial, twelve and a half cents. For swearing sheriff, or other officer, to take charge of a jury, twelve and a half cents. For entering any cause on the calendar for the court, and making a copy thereof for the use of the bar, one dollar. For receiving and entering a verdict or award, one dollar. For docketing a judgment, one dollar. For every transcript of a judgment, one dollar. For entering satisfaction of a judgment, one dollar. For every search of record, and certificate made at the re- quest of any party, fifty cents. For every assessment of damages upon a promissory note or other instrument, one dollar. For entering any rule, order or decree of court, and for every copy, of the same, twenty-five cents per folio. For entering any discontinuance, nonsuit, or default, one dollar. For drawing any bond or other written security, one dollar. For serving any notice upon either party, one doilar. Attorneys’ Fees : —For drawing any petition or plea, three dollars ; and for every copy thereof, one dollar and fify cents, For every notice of trial, copy and service, one dollar. For every other notice in any cause, copy and service, one dollar. For attending upon the trial of any cause, or the argument of any motion, three dollars. For drawing a bill of costs, copy and service, one dollar. For every attendance before a judge on taxation of costs, one dollar. For every motion for judgment, and other like motions, fifty Cents. All actual disbursements sworn to by an attorney, and deem- ed reasonable by the taxing officer, may be allowed in taxation of costs. Marshal's or Sheriff's Fees —For serving a summons, or any other process, (except a subpoena) five dollars for each party served therewith. For serving snbpoena, fifty cents for each witness. For all necessary travel in making such service, ten cents per mile for every mile more than one. For a copy of any summons, petition, or other process, one dollar and fifty cents. For serving any execution, or other process for the collection of money, ten cents for every dollar collected up to five hundred dollars, and five cents for every dollar over five hundred dollars. All fees paid to any printer for publishing an advertisement of the sale of any property. For every bill of sale, one dollar. For drawing, executing and acknowledging a deed pursuant to a sale of real estate, five dollars, to be paid by the grantee in such deed. For drawing any bond required by law, one dollar. For summoning any panel of jnrors to attend at any term of court, five dollars. For summonining any special jury, three dollars. For serving writ of possession, or of restitution, putting any person entitled into the possession of premises, and removing a tenant pursuant to the order of a court, five dollars. For bringing up a prisoner for trial, or upon habeas corpus to testify or answer in court, one dollar. For selling any property on an order from the court other than an execution, the same allowance as for service and sales by execution. For attending on the court, five dollars per day. The ſees for service of executions and collection of judgments together with all other costs incurred after judgment rendered, not included in the judgment, shall, in all the courts of the kingdom, be collected in addition to the sum directed to be levied and collected in the execution. Witnesses” and Jurors’ Fees :-One dollar for each day’s attendance upon the court ; and when they do not reside in the town where such court is held, five cents per mile for their necessary travelin going to and returning from the court. Jurors shall also be allowed fifty cents for every case in which they re- turn a verdict. The fees of jurors and witnesses shall be taxabie items in the bill of costs to be paid by the losing party. Judges' Fees —For every attendance at chambers upon the hearing of any motion, five dollars. For every order for a commission to examine witnesses, or for letters rogatory, three dollars. For attending, settling and certifying interrogatories to be annexed to a commission, or letters rogatory, three dollars. For every order for the examination of a witness condition- ally, or upon any proceeding to perpetuate his testimony, one dollar. For every day's attendance upon the examination of such witness, five dollars. For every necessary order in the progress of a cause, one dollar. For taxing bill of costs, one dollar. For attendance in settling case, or bill of cxceptions, one dollar. For taking the acknowledgment of satisfaction of a judgment, one dollar. For endorsing allowance on any process of constraint to the person or property of a party, one dollar. For taking a bond in any case when a bond is required by law, one dollar. For taking the oath or affidavit of any person, twenty-five CentS. For attending to the selection of referees and certifying their appointment, three dollars. For every order, warrant, attachment, or other process made or issued in any special proceeding, five dollars. For every notice to any party, officer or person, required to be given by any judge, one dollar. For every report, and all other papers which he may be re- quired by law to prepare in order to be signed by himself, twenty-five cents per folio. Sec. 1281.-In the Probate Courts. For every citation or summons, five dollars. For every subpoena, two dollars and fifty cents. Eor every copy of a citation or subpoena, one dollar. For every certificate of the proof of a will, endorsed thereon ; and for every other necessary certificate, fifty cents. Hearing proof and determining upon the validity of any will, five dollars. For recording every will, with the proof thereof, letters testa- mentary, letters of administration, appointment of a guardian, and every other proceeding or order necessary to be recorded, twenty-five cents per folio. For copies and exemplications of the probate of a will, letters testamentary or of administration, or of any other proceeding or order had before a judge or court having probate powers, twenty- five cents per folio. For the appointment of any administrator, guardian, or ap- praiser, two dollars. For administering any oath to administrator, appraiser, or guardian, twenty-five cents. For every bond taken from any administrator or guardian, or in any other case where a bond is required, one dollar. For taking, entering and filing renunciation of any person entitled to be appointed as an administrator, or guardian, one dollar. For filing an inventory, or final account, and entering the same of record, twenty-five cents per folio. For making any order for the sale of real estate, and for every other necessary order, one dollar. For taking, stating and determining upon an account rendered, or deciding the distribution of personal estate, five dollars for each day necessarily occupied therein. For hearing and determining any objection to the appoint- ment of an administrator, or any application for his removal, or for the removal of any guardian, or any application to annul the probate of a will, five dollars. For hearing and deciding any application to lease, mortgage or sell real estate, three dollars. Searching records of office and giving certificate, one dollar. For every appointment of commissioners to admeasure dower, or to make partition of real estate, two dollars. For hearing and determining upon the report of such com- missioners, two dollars. All actual disbursements for printing. For receiving and distributing any money on the sale of real estate, a commission of five per cent. on all sums up to the amount of five hundred dollars, and two and a half per cent. on all sums over five hundred dollars. Fees of Earecutors, Administrators and Guardians : For receiving and paying out moneys, ten cents for every dollar up to and not exceeding one thousand dollars; seven cents for every dollar over one thousand, up to and not exceeding five thou- sand dollars ; five cents for every dollar over five thousand dol- lars; and such additional allowance for their actual expenses as the judge or court shall deem just and reasonable. Where pro- vision shall be made by any will for specific compensation to an executor, the same shall be deemed a full satisfaction for his services, in lieu of the fees hereinbefore prescribed, unless such executor shall by a written instrument, to be filed with the court or judge, renounce all claim to such specific compensation. Fees of Commissioners and Appraisers —For every day's actual and necessary attendance in admeasuring dower, parti- tioning real estate, or appraising property, five dollars; and all actual disbursements for surveying, plans, &c. Witnesses’, Marshal's or Sheriff’s Fees —Shall be such as the court or judge shall deem just and reasonable. In all probate matters, where the value of the estate to be administered upon shall not exceed one hundred dollars, no costs shall be charged except those of actual disbursements. And where the value of the estate shall be more than one hundred dollars, and not exceed the value of five hundred dollars, the judge shall have the power to diminish the costs in his discretion, whenever the circumstances of the parties interested shall seem to demand it. All judges', justices’ and clerks’ fees, provided for in this chapter, shall be accounted for, quarterly, to the Minister of Finance, for the benefit of the public treasury. Sec. 1282. The justices of the supreme court shall have power, from time to time, to revise the costs and fees provided in this chapter, but not to increase the same ; and also to prescribe such costs and fees as they shall deem reasonable, in all cases not therein provided for. TITLE 5. – OF LAWS AFFECTING THE DOMESTIC RELATIONS. CHAPTER XXVIII.-OF HUSBAND AND WIFE. ART. LIII.-JMarriage. Sec. 1283. It shall not be lawful for any minister of religion of any sect whatsoever, or any other per- son, to perform the marriage ceremony within this kingdom, without first obtaining from the Minister of the Interior, a license to celebrate marriage. Sec. 1284. In order to validate the marriage con- tract, it shall be necessary that the respective parties be not to each other within the fourth degree of consanguinity. That the male shall, at the time of contracting marriage, be at least seventeen years of age, and the female at least fourteen years of age ; that the man shall not have at the time a wife living ; and that the woman shall not have at the time a hus- band living. It shall also be necessary to validate the marriage of native female subjects of these islands, with male foreigners coming here to reside, that the foreigners have become first duly naturalized by taking the oath of allegiance, and it shall in no case be lawful to marry in this kingdom without license for that purpose first obtained, from the agent duly authorized to grant licenses to marry, agreeably to the laws. Sec. 1285. The marriage rite may he performed and solemnized by any person duly authorized by law, upon presentation to him of a license to marry, as pre- scribed by the foregoing section ; who may be at liberty to receive the price to be stipulated by the parties, or the gratifica- tion tendered to him. Sec. 1286. The husband, whether married in pur- suance of this article, or heretofore, or whether validly married in this kingdom or in some other country, and residing in this, shall be accountable in his own property, for all the debts contracted by his wife anterior to, and during marriage; to any of which debts, he may set up the same defense she could have interposed had she remained sole. The husband shall be bound in law to maintain, provide for, and support his wife during marriage, in the same style and manner in which he supports and maintains himself. The husband shall, in virtue of his marriage, and in consideration of the responsibilities im- posed on him by law, be the virtual owner, except otherwise stipulated by express marriage contract, of all movable property belonging to his wife anterior to marriage, and of all movable property accruing to her after marriage ; over all of which mov- able property he shall, unless otherwise stipulated by contract, have absolute control for the purposes of sale or otherwise, and the same shall be equally liable with his own for his private debts. . The husband shall in virtue of his marriage, unless otherwise stipulated by express contract, have the custody, use and usufruct, rents, issues and profits of all property of a fixed and immovable nature, belonging to his wife before marriage, or accruing to her after marriage ; and he may, with her written consent, rent, or otherwise dispose of the same for any term not exceeding the term of his natural life : provided, that in case his wife shall first die, the husband legally married as aforesaid, shall cease to have control over the immovable and fixed pro- perty of his wife, and the same shall immediately descend to her heirs as if she had died sole, unless there happen to be legiti- mate issue of the marriage within the age of legal majority; in which case, the husband shall continue to enjoy a curtesy in said immovable or fixed property, until such issue shall attain majority, when the same shall descend to the heir or heirs of the body of the wife. The immovable and fixed property of the wife shall not be liable to be sold for the payment of the hus 34. THE CIVIL CODE. band's debts, whether contracted in his own behalf solely, or in support of or for the use of his wife after marriage. But such immovable and fixed property may be legally sold on execution, to satisfy the debts contracted by the wife before marriage, if no property of the husband be found to satisfy the same. Sec. 1287. The wife, whether married in pursu- ance of this article or heretofore, or whether validly married in this kingdom or in some other country, and residing in this, shall be deemed for all civil purposes, to be merged in her husband, and civilly dead. She shall not without his con- Bent, unless otherwise stipulated by anterior contract, have legal power to make contracts, or to alienate and dispose of property, except as hereinafter provided. She shall not be civilly respon- sible in any court of justice, without joining her husband in the suit, and she shall in no case be liable to imprisonment in a civil action. The husband shall be personally responsible in damages, for all the tortuous acts of his wife; for assaults, for slanders, for libels, and for consequential injuries done by her to any person or persons, in this kingdom. Sec. 1288. The children of a valid marriage shall be denominated legitimate ; and the husband of said marriage shall be liable for their suitable and proper support in all respects, until they severally attain the age of majority, when his liability shall cease for further provision. He shall also be entitled to control and manage his children, in all re- spects, during their minority, and require reasonable service at their hands. He shall be the natural guardian of their persons and of their property ; he shall be liable in damages for tortuous acts committed by them, and entitled to prosecute and defend all actions at law in which they or their individual pro- perty may be concerned. Sec. 1289. Children whose parents shall not have been legally married, in contemplation of this article, shall be denominated bastards, and shall not be entitled to in- herit from their male parents, without express bequest; pro- vided, nevertheless, that the female parent shall be compellable to maintain and support them during minority, and they shall be capable to take by inheritance from the mother, without will. Sec. 1290. Marriages legal in the country where contracted shall be held legal in the courts of this kingdom. Sec. 1291. When a male under twenty years of age, or female under eighteen years of age, is to be married, the consent of the parent, guardian, or other person having the care and government of such party, if within the kingdom, shall be first obtained. Sec. 1292. Any justice of the supreme judicial court, or of any circuit court, on application of any married woman, whose husband has absented himself from the kingdom, abandoning her, and not making sufficient provision for her maintenance, may empower her, during his absence, and till his return, in her own name, to make and execute any contract under seal or otherwise. Sec. 1298. She may also be so authorized to make sale of any estate, real or personal, of which she is seized or possessed in her own right, and duly execute all legal instruments, necessary for that purpose. Sec. 1294. She may also commence, prosecute, and defend any action in law, or in equity, to final judgment and execution, in like manner as if she were unmar- ried. Sec. 1295. The supreme or circuit courts may also, on her petition, authorize any person holding money or other personal property, to which the person is enti- tled in her right, to pay and deliver the same to the wife; and authorize her to give a discharge for the same, which shall be valid ; and to use and dispose of such property, during the absence of the husband, as her own property. Sec. 1296. Upon applicatian, for any of the pur- poses before mentioned, the justice before granting any of the powers before mentioned, shall order notice to be given, by publishing the same, for three consecutive weeks, in one of the newspspers issued in Honolulu, the last publication of which, to be at least three calendar months before the granting of the application. Sec. 1297. All contracts, lawfully made by any married woman, by virtue of any power given her as aforesaid, shall be binding on her and her husband, in like man- ner as if their marriage had taken place after such contracts; and during his absence, she shall be liable to be sued thereon, as if she were unmarried ; and for all other acts done by her, while the power granted to her is continued. Sec. 1298. No suit pending, where the wife shall be a party pursuant to power granted her as before mentioned, shall abate by her husband's return to the kingdom ; but, on his application, he may be admitted to prosecute or defend jointly with her, as if their inter-marriage had taken place after the commencement of such suit, but if he shall not be admitted as a party, judgment shall be rendered, and execution issued and enforced by, or against her, in the same manner, as if judgment had been rendered for or against her before their inter-marriage. ART, LIV.—Of Dower. Sec. 1299. Every woman shall be endowed of one-third part of all the lands owned by her husband at any time during marriage, in fee simple, in freehold, or for the term of fifty years or more, so long as twenty-five years of the term remain unexpired, but in no less estate, unless she is lawfully barred thereof; she shall also be entitled, by way of dower, to an absolute property in the one-third part of all his movable effects, in possession, or reducible to possession, at the time of his death, after the payment of all his just debts. . Sec. 1800. If a husband seized of lands in fee simple, freehold, or for a term of fifty years, as speci- fied in the preceding section, shall exchange them for other ºnds, his widow shall not have dower in both, but shall make her election to be endowed of the lands given, or of those taken in exchange, within six months after the death of her husband and if such election be not made, she shall take her dower of the lands received in exchange, Sec. 1301. Where any person seized of lands, as aforesaid, shall have executed a mortgage of such lands before marriage, the widow shall, nevertheless, be entitled to dower out of the lands mortgaged, as against every person except the mortgagee and those claiming under him. Sec. 1302. Where a husband shall purchase lands during coverture, and shall at the same time mortgage his estate in such lands to secure the payment of the purchase money, his widow shall not be entitled to dower out of such lands, as against the mortgagee or those claiming under him, although she shall not have united in such mortgage, but she shall be entitled to her dower as against all other persons. Sec. 1303. Where in such case the mortgagee, or those claiming under him shall, after the death of her husband, cause the land mortgaged to be sold, and any sur- plus shall remain, after the payment of the moneys due on such mortgage, and the costs and charges of the sale, the widow shall be entitled to the interest or income of the one-third part of such surplus, for her life, as her dower. Sec. 1304. A widow shall not be endowed of lands conveyed to her husband by way of mort- gage, unless he acquired an absolute estate therein during marriage. Sec. 1305. When a widow is entitled to dower in lands of which her husband died seized, she may continue to occupy the same, with the children or other heirs of the deceased, or to receive one-third part of the rents, issues and profits thereof, so long as the heirs do not object thereto, without having her dower assigned. Sec. 1306. A widow may remain in the house of her husband sixty days after his death, without being chargable with rent therefor, and in the mean time she shall have her reasonable sustenance out of his estate. Sec. 1307. In case of divorce, dissolving the mar- riage contract, for the misconduct of the wife, she shall not be endowed. Sec. 1808. A woman may bar her right of dower, in any estate conveyed by her husband, by joining with him in the deed conveying the same, and therein releasing her claim to dower, or by a separate deed releasing the same, made at the time of the conveyance by her husband, or subse- quently. Sec. 1309. A woman may also be barred of her dower in the lands of her husband, by jointure settled on her with her assent before her marriage, provided such jointure consists of an estate in lands, for the life of the wife at least, to take effect immediately on the death of her husband; her assent to such jointure being expressed, if she be of full age, by her be- coming a party to the conveyance by which it is settled, and if she be under age, by her joining with her father or guardian in such conveyance. Sec. 1810. Any pecuniary provision that shall be made for the benefit of an intended wife, and in lieu of dower, shall, if assented to as provided in the preceding sec- tion, bar her right of dower in all the lands of her husband. Sec. 1811. If any such jointure or pecuniary pro- vision, in lieu of dower, be made before the marriage, and without the assent of the intended wife, or if it be made after marriage, it shall bar her dower, unless she shall within six months after receiving notice of the death of her husband, and of such jointure or pecuniary provision, make her election, to waive such jointure or provision, and to be endowed of the lands of her husband. Sec. 1312. If any provision be made for a widow in the will of her husband, she shall within six months after probate of the will, make her election or be endow- ed of his lands; but she shall not be entitled to both, unless it plainly appears by the will, to have been the intention of the testator, that she should have such provision, in addition to her dower. ART, LV-Of Divorce and Separation. Sec. 1813. The Supreme Court, any Circuit Court, or any Justice of the Supreme Court at Chambers may, by a sentence of nullity, declare void the marriage con- tract for either of the following causes, existing at the time of the marriage: 1. That the parties were related to each other within the fourth degree of consanguinity. 2. That the parties, or either of them, had not attained the legal age of marriage. 3. That the husband had an undivorced wife living, or the wife had an undivorced husband living, or that either party being divorced, was the guilty party in such divorce, and that the former husband or wife was then living. 4. That the husband, being a foreigner, has failed to comply with the requirements of the law validating marriages with the female subjects of this kingdom. 5. That one of the parties was an idiot or lunatic. 6. That one of the parties was impotent or physically incapa- ble of entering into the marriage state. Sec. 1814. A suit to annul a marriage on the ground that one of the parties was under legal age, may be brought by the parent or guardian entitled to the cus- tody of such minor, or by any person admitted by the court to prosecute as the friend of such minor; but in no case shall such marriage be annulled on the application of a party who was of legal age at the time it was contracted, nor when it shall appear that the parties, after they attained the legal age, had for any time freely cohabited as man and wife. Sec. 1815. A marriage may be declared null on the ground that one of the parties has an undivorced husband or wife living, on the application of either of the parties during the lifetime of the other, or on the application of such ormer husband or wife. Sec. 1816. Every woman who shall be deceived into contracting an illegal marriage with a man hav- ing another wife living, under the belief that he was an unmar. ried man, shall be entitled to a just allowance for the support of herself and family out of his property, which she may obtain upon application to any judge of a court of record at chambers: provided, always, that such allowance shall not exceed one-third of his real and personal estate. Sec. 1817. The children of such illegal marriage shall be entitled to succeed in the same manner as legitimate children, to all the real and personal estate of both parents in this kingdom. Sec. 1818. The marriage of an idiot or insane per- son may be annulled on the application of the same party, or any relative of the idiot or lunatic, or on the applica- tion of any person admitted by the court to prosecute as the next friend of the said idiotor lunatic, or upon the application of the lunatic himself aſter restoration to reason, but in such case, no sentence of nullity shall be pronounced if it shall appear that the parties freely cohabited as husband and wife, after the luna- tic was restored to a sound mind. Sec. 1819. Upon the annulment of a marriage on account of non-age, insanity, or idiocy of either party the issue of the marriage shall be deemed to be in all respects the legitimate issue of the parent who, at the time of the mar- riage, was capable of contracting. Sec. 1820. Upon the annulment of a marriage that is prohibited on account of consanguinity between the parties, or for a failure on the part of the husband, being a for- eigner, to cºmply with the requirements of the law validating marriage with the female subjects of this kingdom, the issue of the marriage shall be illegitimate. Sec. 1821. A suit to annull the marriage on the ground of the physical incapacity of one of the parties at the time of marriage, shall only be maintained by the injured party, against the party whose incapacity is alleged; and shall in all cases be brought within two years from the solemnization of the marriage. Sec. 1822. No sentence of nullity of marriage shall be pronounced solely on the declarations or confes- signs of the parties, but the court shall, in all cases, require other satisfactory evidence of the facts on which the allegation of nullity is founded. OF DIWORCES DISSOLVING THE MARRIAGE CONTRACT. Sec. 1323. The Supreme Court, any Circuit Court, or any Justice of the Supreme Court at Chambers, may dissolve the marriage contract and decree a divorce from the bond of matrimony, for the following causes: 1. Adultery by either party. 2. Willful and continued desertion, without cause, for three successive years, shall be presumptive evidence of adultery, and the court may, at its discretion, grant a divorce for the same. 3. Three years’ absence in a foreign country, and unheard of: the commission of a crime for which either party is sentenced to imprisonment at hard labor, for life, or for five years or more, which shall constitute the person strictly dead; when applica: tion is made pending the imprisonment and before pardon granted. Sec. 1824. If the adultery, or other offense amount- ing to adultery, be admitted by the defendant, yet the court, before pronouncing a decree of divorce, shall require other satisfactory evidence of the guilt of the accused. Sec. 1825. Although the fact of adultery, or other offense amounting thereto, shall be established, the court may deny a divorce in the following cases: 1. Where the offense shall appear to have been committed by the procurement or with the connivance of the complainant. 2. Where the offense charged shall have been forgiven by the injured party, and such forgiveness be shown by express proof, or by the voluntary cohabitation of the parties, with the knowl- edge of the fact, 3. Where there shall have been no express forgiveness and no voluntary cohabitation of the parties, but the suit shall not have been brought within two years after the discovery by the com- plainant of the offense charged. 4. Where it shall be proved that the complainant has also been guilty of adultery, or other offense amounting thereto, un- der such circumstances as would have entitled the defendant, if innocent, to a divorce. Sec. 1826. A divorce for the cause of adultery com- mitted by the husband shall not affect the legitimacy of the issue of the marriage. Sec. 1827. A divorce for the cause of adultery com- mitted by the wife, shall not affect the legitimacy of the issue of the marriage, but the legitimacy of such children, if questioned, shall be tried and determined by the court. In every such case, the legitimacy of such children shall be pre- sumed, until the contrary be shown. Sec. 1328. Upon granting a divorce for the adul- tery or other offense amounting thereto, of the hus- band, the court may make such further decree or order against the defendant, compelling him to provide for the maintenance of the children of the marriage, and to provide such suitable allow- ance for the wife, for her support, as the court shall deem just and reasonable, having regard to the ability of the husband, the character and situation of the parties, and all other circum- stances of the case. Sec. 1329. Upon annulling a marriage, or decree- ing a divorce, the court may make such further de- cree as it shall deem expedient, concerning the care, custody, education and maintenance of the minor children of the parties, and determine with which of the parents the children or any of them shall remain; and the court may, from time to time after- wards, on the petition of either of the parties, revise and alter such decree concerning the children, and make a Rew decree concerning the same, as the circumstances of the parents and the benefit of the children may require. Sec. 1330. When a divorce is decreed for the adul tery, or other offense amounting thereto, of the hus- band, and the wife shall be the owner of real estate, or have in her possession any personal property, given to her by her hus- THE CIVIL CODE. 35 band, acquired by her own industry, given her by devise or otherwise, or to which she may be enti led by the decease of any relative, all such real and personal property shall be her sole and absolute property. Sec. 1331. When a divorce is decreed for the adul- tery or other offense amounting thereto, of the wife, the husband shall hold her personal estate for ever, and he shall hold her real estate so long as they shall live; and if he shall survive her, and there shall have been issue of the marriage born alive he shall hold her real estate for the term of his own life, as a tenant by the curtesy : provided that the court may make such reasonable provision for the divorced wife, out of any real estate that may have belonged to her, as it may deem pro- per. Sec. 1332. A wife divorced for adultery or other offense amounting thereto, shall not be entitled to dower in her husband's real estate, or any part thereof, nor to any share of his personal estate. * Sec. 1333. Whenever the court shall make an order or decree requiring a husband to provide for the care, maintenance, and education of his children, or for an allowance to his wife, the court may require him to give reasonable secu- rity for such maintenance and allowance; and upon neglect or refusal to give such security, or upon default of him and his surety to provide such maintenance and allowance, the court may sequester his personal estate, and the rents and profits of his real estate, and may appoint a receiver thereof, and cause such personal estate, and the rents and profits of such real estate, to be applied towards such maintenance and allowance as to the court shall, from time to time, seem just and reasonable. Sec. 1334. Whenever a marriage shall be dissolved for adultery, or other offense amounting thereto, the innocent party may marry again at any time, but the guilty party shall not marry again until the death of the innocent one : provided, however, that either of the Justices of the Supreme Court shall have power to grant permission to such divorced party to marry again, if it shall appear to the satisfaction of such justice, that three years, or more, have elapsed since the date at which the applicant for such permission was divorced, and that such applicant has not been guilty of fornication or adultery. Sec. 1335. If any persons, after being divorced for any cause whatever, shall cohabit as husband and wife, they shall be liable to all the penalties provided by the laws against adultery. SEPARATION. Sec. 1336. A separation from bed and board for- ever, or for a limited time, may be decreed by the Rupreme Court, any Circuit Court, or any Justice of the Su- preme Court at Chambers, for the following causes: 1. For ex. cessive and habitual ill-treatment of the one party by the other. 2. For habitual drunkenness of either party. 3. For the refusal or neglect of the husband to provide his wife with the necessaries of life. Sec. 1337. In any suit brought for a separation, the defendant shall be permitted to prove, in his justification, the ill-conduct of the complainant, and on estab- lishing such defense, to the satisfaction of the court, the suit may be dismissed. Sec. 1338. Upon decreeing a separation, the court may make such further decree for the support and maintenance of the wife and her children, by the husband, or out of his property, as may appear just and proper. Sec. 1339. Whenever a decree of separation is granted, the decree shall have the effect, during such separation, to reinstate the wife, whether the wrongdoer or not, in the right to sue or be sued, to alienate and convey property, to make contracts, and to do all other acts as if she were a feme sole. - Sec. 1340. Where a decree for a separation forever, or for a limited period, shall have been pronounced, it may be revoked at any time thereafter, under such regulations and restrictions as the court may impose, upon the joint appli- cation of the parties, and upon their producing satisfactory evi- dence of their reconciliation. - Sec. 1341. Upon the hearing of any petition for a divorce, or separation, the court shall have power, in its discretion, to examine either or both of the parties, upon oath, in order to prevent collusion. CHAPTER XXIX. —Of Guardians and Wards. Sec. 1342. Any judge of the Supreme Court of Law and Equity, when it shall appear to him necessary or convenient, may appoint guardians to minors and others, being inhabitants of or residents in any part of this kingdom. or who may reside without this kingdomf, and have any estate within the same. - Sec. 1343. Any circuit judge of this kingdom may, when it shall appear to him necessary or convenient, appoint guardians to minors and others, being inhabitants of or residents in the circuit in which he is a judge. Sec. 1344. If the minor is under the age of thirteen years, the judge of probate may nominate and appoint his guardian, and if he is above the age of thirteen years, he may nominate his own guardian, who, if approved of by the judge, shall be appointed accordingly, and if the guardian, nominated by such minor shall not be approved by the judge, or if the minor shall reside without the kingdom, or if after being cited by the judge, he shall neglect to nominate a suitable person, the judge may nominate and appoint the guardian, in the same manner, as if the minor were under the age of thirteen years. Sec. 1345. Every guardian appointed as aforesaid, shall have the custody and tuition of the minor, and the care and management of his estate, and shall continue in office until the minor shall arrive at the age of twenty years, or until the guardian shall be discharged according to law ; pro- wided, however, that the father of the minor, if living, and in case of his death, the mother, while she remains unmarried, being themselves respectively competent to transact their ow" business, shall be entitled to the custody of the person of the minor, and to the care of his education. Sec. 1346. Every such guardian shall give a bond, with surety or sereties, to the judge of probate, in such sum as the judge shall order, whith conditions as follows: First, To make a true inventory of all the real estate, and all the goods, chattels, rights and credits of the ward, that shall come to his possession or knowledge, and to return the same into the probate court at such times as the judge shall order: Secondly, To dispose of and manage all such estate and effects according to law, and for the best interest of the ward, and faithfully to discharge his trust in relation thereto, and also in relation to the custody, education and maintenance of the ward: Thirdly, To render an account, on oath, of the property in his hands, including the proceeds of all real estate sold by him, and of the management and dispositien of all such property, within one year after his appointment, and at such other times as the judge of probate shall direct : Fourthly, At the expiration of his trust, to settle his accounts with the judge of probate, or with the ward, or his legal repre- sentatives, and to pay over and deliver all the estate and effects remaining in his hands, or due from him on such settlement, to the person or persons who shall be lawfully entitled thereto. Sec. 1347. Every father may, by his last will in writing, appoint a guardian or guardians for any of his children, whether born at the time of making the will, or afterwards, to continue during the minority of the child, or for any less time, and every such testamentary guardian shall have the same powers, and shall perform the same duties, with regard to the person and the estate of the ward, as a guardian ap- pointed by the judge of probate. Sec. 1348. Every such testamentary guardian shall give a bond in like manner, and with like condition, as is before required of a guardian appointed by the judge of probate, provided that when the testator, in the will appointing the guardian, shall have ordered or requested that such bond shall not be given, the bond shall not be required, unless from a change in the situation or circumstances of the guardian, or for other sufficient cause, the judge of probate shall think proper to require it. Sec. 1349. Nothing contained in this chapter shall impair or affect the power of any judge of the Supreme Court, or Circuit Court, to appoint ab guardian to defend the interests of any minor impleaded in such court, or interested in any suit or matter there pending, nor their power to appoint or allow any person as next friend for a minor, to commence, prosecute, or defend any suit in his behalf. Sec. 1350. When the relations or friends of any insane person shall apply to any of the judges herein- before mentioned, to have a guardian appointed for him, the judge shall cause notice to be given to the supposed insane person, of the time and place appointed for hearing the case, not less than fourteen days before the time so appointed, and if after a full hearing, it shall appear to the judge that the person in question is incapable of taking care of himself, the judge shall appoint a guardian of his person and estate, with the powers and duties hereinafter specified. Sec. 1851. Every gurdian so appointed for an insane person, shall have the care and custody of the person of the ward, and management of all his estate, until the guardian shall be legally discharged, and he shall give bond to the judge appointing him, in like manner, and with the like condition, as is before prescribed with respect to the guardian of a minor, excepting that the provision relating to the education of the ward, shall be omitted in the condinion of the bond. Sec. 1352. When any person by excessive drinking, gaming, idleness, or debauchery of any kind, shall so spend, waste, or lessen his estate, as to expose himself or his family to want or suffering, his friends or relations may present a complaint to any of the of the judges hereinbefore mentioned, setting forth the facts and circumstances of the case, and praying to have a guardian appointed for him. Sec. 1353. The judge shall cause notice to be given to such supposed spendthrift, of the time and place appointed for hearing the case, not less than fourteen days before the time so appointed ; and if, after a full hearing, it shall appear to the judge that the person complained of comes within the description contained in section 1352, he shall appoint a guardian of his person and estate, with the powers and duties hereinafter specified. Sec. 1354. After the order of notice has been issued, the complainants may cause a copy of the complaint, with the order of notice, to be filed in the office of the registrar of conveyances, and if a guardian shall be appointed upon such application, all contracts, excepting for necessaries and all gifts, sales or transfers, of real or personal estate, made by such spendthrift after such filing of the complaint in the registry of conveyances, and before the termination of the guardianship, shall be null and Void. Sec. 1355. When a guardian shall be appointed for an insane rerson, or spendtarift, the judge shall make an allowance to be paid by the guardian, for all reasonable ex- penses incurred by the ward in defending himself against the complaint. Sec. 1356. Every guardian, so appointed for a spendthrift, shall have the care and custody of the person of the ward, and the management of all his estate, until the guardian shall be legally discharged, and he shall give bond to the judge appointing him, in like manner and with the like condition, as is before directed with respect to the guardian of an insane person. Sec. 1357. Every guardian appointed under the provisions of this chapter, whether for a minor or any other person, shall pay all just debts due from the ward, out of his personal estate, if sufficient, and if not, out of his real estate, upon obtaining a license for the sale thereof, as hereinafter provided ; he shall also settle the accounts of the ward, and demand, sue for, and receive all debts due to him, or may with the approbation of any of the judges hereinbefore specified, compound for the same, and give a discharge to the debtor upon receiving a fair and just dividend of his estate and effects and he shall appear for and represent his ward, in all legal suits and proceedings, unless where another person is appointed for that purpose, as guardian or next friend. Sec. 1858. The guardian shall also manage the estate of the ward frugally, and without waste, and apply the income and profits thereof, so far as may be necessary. for the comfortable and suitable maintenance and support of the ward and his family, if there be any ; and if the income and profits shall be insufficient for that purpose, the guardian may sell the real estate, upon obtaining a license therefor as provided by law, and shall apply the proceeds of such sale, so far as may be necessary, for the maintenance and support of the ward and his family. Sec. 1359. The guardian may join in and assent to a partition of the real estate of the ward, either upon a petition for partition, or otherwise ; and he may assign and set out dower in the said estate to any widow entitled thereto, and may appoint an appraiser of real estate on any execution, either against or in favor of his ward. Sec. 1860. Upon the taking of any inventory, required by this chapter, the estate and effects com- prised therein shall be appraised by three suitable persons, to be appointed and sworn by the judge, and every guardian shall account for, and dispose of, the personal estate of the ward, as directed by the judge. Sec. 1861. When any guardian appointed either by a testator or by any of the judges hereinbefore mentioned, shall become insane or otherwise incapable of dis- charging his trust, or evidently unsuitable therefor, any of said judges, after notice to such guardian, and to all others interested, may remove him ; and every guardian may, upon his request, be allowed to resign his trust, when it shall appear to the judge proper to allow the same ; and upon every such resignation or removal, and also upon the death of any guardian, the judge of probate may appoint anotheer in his stead. Sec. 1362. The marriage of any female who is under guardianship as a minor, shall operate as a legal discharge to her guardian ; and the guardian of any insane person, or spendthrift, may be discharged by any judge of probate, when it shall appear to him, on the application of the ward, or otherwise, that such guaadianship is no longer necessary. Sec. 1863. Any court of probate may require a new bond to be given by any guardian, and may dis- charge the existing sureties from future responsibility, whenever such court may deem it proper so to do. Sec. 1364. Any bond given by a guardian, may be put in suit by order of a judge of probate, for the use and benefit of the ward, or of any person interested in his estate. Sec. 1865. No action shall be maintained against the sureties in any bond, given by a guardian, unless it be commenced within four years from the time when the guardian shall be discharged, provided that if at the time of such discharge, the person entitled to bring such action shall be out of the kingdom, the action may be commenced at any time within four years after his return to the kingdom. Sec. 1866. Upon complaint made to a judge of probate by any guardian, or by the ward, or by any creditor or other person interested in the estate, or by any persons having claims thereto in expectancy as heir or otherwise, against any one suspected of having concealed, embezzled, or conveyed away any of the money, goods or effects of the ward, the judge may cite and examine such suspected person, and proceed with him as to such charge, in the same manner as with persons suspected of concealing, or embezzling, the effects of a deceased testator or intestate. Sec. 1867. When any minor, or other person liable to be put under guardianship, according to the provisions of this chapter, shall reside without this kingdom, and shall have any estate therein, any friend of such person, or any one interested in his estate, in expectancy or otherwise, may apply to any judge of the Supreme Conrt of law and equity, and after notice to all persons interested, to be given in such a manner a the judge shall order, and after a full hearing and examination, if it shall appear to him proper, he may appoint a guardian for such absent person. Sec. 1868. Every gaurdian appointed according to the provisions of the last preceding section, shall have the same powers and duties, with respect to any estate of the ward, that shall be found within the kingdom, and also with respect to the person of the ward, if he shall come to reside therein, as are prescribed with respect to any other guardian, appointed under this chapter. Sec. 1869. Every such guardian shall give bond to the judge appointing him, in like manner and with the like conditions, as is above provided with respect to other guardians; excepting that the provisions respecting the inven- tory, the disposal of the estate and effects, and the account to be rendered by the guardians, shall be confined to such estate and effects, as shall come to his hands in this kingdom, and that the provisions regpecting the custody of the ward, shall not be appli- cable, unless the ward shall come to reside within this kingdom. Sec. 1370. Every guardian shall be allowed the amount of all his reasonable expenses, incurred in the execution of his trust, and he shall also have such compen- sation for his services, as the court, in which his accounts are settled, shall consider to be just and reasonable. Sec. 1371. When an account is rendered by two or more joint guardians, the court may, in its discre- tion, allow the same, upon the oath of any one of them. Sec. 1372. The words “insane person,” are intend- ed to include every idiot, non-compos, lunatic, and distracted person, and the word “spendthrift” is intended to in- clude every one who is liable to be put under guardianship, on account of excessive drinking, gaming, idleness or debauchery; and these words shall be so construed in all the provisions rela: 36 THE CIVIL CODE. ting to guardians and wards, contained in this or any other statute. Sec. 1373. When the income of the estate of any person under guardianship, whether as a minor, in- bane person, or spendthrift, shall be insufficient to maintain the ward and his family, his guardian may sell his real estate for that purpose, upon obtaining a license therefor, and proceeding therein in the manner hereinafter provided. Sec. 1874. When it shall appear, upon the repre- sentation of any such guardian, that it would be for the benefit of his ward that his real estate, or any part thereof, should be sold, and the proceeds thereof be put on interest, or invested in some productive stock, his guardian may 8ell the same accordingly, upon obtaining a license therefor, and proceed- ing therein as hereinafter provided. - Sec. 1375. If the estate is sold for the mainten- ance of the ward and his family, as provided in sec- tion 1358, the guardian shall apply the proceeds of the sale to that purpose, as far as necessary, and shall put out the residue, if any, on interest, or invest it in the best manner in his power, until the capital shall be wanted for the maintenance of the ward and his family, in which case the capital may be used for that purpose, as far as may be necessary, in like manner as if it had been personal estate of the ward. Sec. 1376. If the estate is sold, in order to put out and invest the proceeds, as provided in section 1374, the guardian shall make the investment according to his best judgment, or in pursuance of any order that may be made re- lating thereto, by the court granting him the license to sell. Sec. 1377. In every case of the sale of real estate, as provided in this chapter, the residue of the pro- ceeds, if any, remaining upon the final settlement of the ac- counts of the guardiasnhip, shall be considered as real estate of the ward, and shall be disposed of among the same persons and in the same proportions, as the real estate would have been, if it had not been sold. Sec. 1378. Such license, in either of the cases aforesaid, may be granted by any Judge of the Su- preme Court of law and equity, or by any circuit judge of the island in which the estate intended to be Bold lies ; but in cases where the ward resides without this kingdom, such license shall be granted only by a judge of the Supreme Court of law and equity. Sec. 1879. In order to obtain such license, the guardian shall present to the court a petition, set- ting forth the condition of the estate, and the facts and circum- stances on which the petition is founded, tending to show the necessity or expediency of a sale ; and if after a full examina- tion, on the oath of the petitioner, or otherwise, it shall appear to the court, either that it is necessary, or that it would be for the benefit of the ward, that the real estate or any part of it should be sold, the court may grant a license therefor, specifying there- in whether the sale is to be made for the maintenance of the ward and his family, or in order that the proceeds may be put out and invested as aforesaid. Sec. 1880. No such license shall be granted until notice by public advertisement or otherwise, as the court shall order, shall have been given to the next of kin of the ward, and to all persons interested in the estate, to appear and show cause why the same should not be granted. Sec. 1881. Every guardian licensed to sell real estate as aforesaid, shall, before the sale, give bond to the judge granting the license, with sufficient surety or sure- ties, with condition to sell the same in the manner prescribed by the judge, and to account for and dispose of the proceeds of the sale, in the manner provided by law. Sec. 1382. Such guardian shall also, before fixing on the time and place of sale, take and subscribe an oath in substance as follows: That in disposing of the estate which he is licensed to sell, he will use his best judgment, in fixing on the time and place of sale, and that he will exert his utmost endeavors to dispose of the same, in such manner as will be most for the advantage of all persons interested therein. Sec. 1383. He shall also give public notice of the time and place of sale, by causing notifications there- of to be posted up in the most public places, on the island where the estate to be sold is, and if it be on the island of Oahu, he shall also cause a notice of such sale to be published in the Government Gazette, at least fourteen days previous to the day of sale. Sec. 1884. A copy of such notification certified by the oath of the guardian, or of the person employed by him to give such notice, being made before any judge of probate, and filed in his office, within one year after the sale, shall be admitted as evidence of the time, place, and manner of giving notice. Sec. 1885. No license granted in pursuance of this chapter, shall be in force for more than one year after the time of granting the same. Sec. 1386. When any minor, insane person, or spendthrift, residing without the kingdom, shall be put under guardianship in the country in which he resides, and shall have no guardian appointed in this kingdom, the foreign guardian may file an authenticatcd copy of his appointment, in the Supreme Court of law and equity, after which he may be licensed by any judge of the said court, to sell the real estate of the ward, in any part of this kingdom, in the same manner and on the same terms and conditions as are prescribed in this chapter, in the case of a guardian appointed in this kingdom, excepting in the particulars hereinafter mentioned. Sec. 1887. Every foreign guardian, so licensed to sell real estate, shall take and subscribe the oath re- quired in like case of guardians appointed in this kingdom, and shall give notice of the time and place of sale, and conduct the same in the manner prescribed for guardians appointed here, and may perpetuate the evidence of the notice in the same manner. Sec. 1888. All the procoedings required to be had in any probate court in this kingdom, respecting such sale by a foreign guardian, shall be had in the Supreme Court of law and equity. Sec. 1389. Upon every such sale by a foreign guardian, the proceeds of the sale, or as much there- of as may remain upon the final settlement of the guardianship, 8hall be considered as real estate of the ward, and shall be dis- posed of among the 8ame persons, as the real estate would have been according to the laws of this kingdom, if it had not been Bold ; and the foreign guardian shall in every case, before making the Bale, give bond, with sufficient surety or sureties, to the judge granting the license to sell, with condition to ac- count for and dispose of the same accordingly. Sec. 1390. If any person shall appear and object to the granting of any license, prayed for under the provisions of this chapter, and if it shall appear to the court or judge, that either the petition, or the objection thereto, is un- reasonable, they may in their discretion, award costs for the party prevailing in the case. Sec. 1391. No action for the recovery of any estate, sold by a guardian under the provisions of this chapter, shall be maintained by the ward, or by any per- son claiming under him, unless it be commenced within five years next after the termination of the guardianship ; and no entry shall be made unless by judgment of law, upon any lands sold as aforesaid, with a view to avoid the sale, after the expira- tion of the said five years : excepting only, that persons out of the kingdom, and minors and others under any legal disability to sue at the time when the right of action or of entry shall first accrue, may commence their action or make their entry, at any time within five years after the removal of the disability, or after their return to this kingdom. Sec. 1392. In case of an action relating to any estate, sold by a guardian, under the provisions of this chapter, in which the ward, or any person claiming under him, shall contest the validity of the sale, the same shall not be avoided on account of any irregularity in the proceedings, pro- vided it shall appear : First. That the guardian was licensed to make the sale, by a judge of competent jurisdiction. Secondly, That he gave a bond, which was approved by the judge of probate, in case any bond were required by the court, upon granting the license. - Thirdly, That he took the oath prescribed in this chapter. Fourthly, That he gave notice of the time and place of the 8ale, as prescribed herein. Fifthly, That the premises were sold accordingly by public auction, and are held by one who purchased them in good faith. Sec. 1393. If in relation to such sale, there should be any neglect or misconduct in the proceedings of the guardian, by which any person interested in the estate shall suffer damage, such aggrieved party may recover compensation therefor, in a suit on the guardianship bond, or otherwise, as the case may require. Sec. 1394. If the validity of any sale, made by a guardian under the provisions of this chapter, shall be drawn in question by any person claiming adversely to the title of the ward, or claiming under any title, that is not derived from or through the ward, the sale shall not be held void, on account of any irregularity in the proceedings, provided it shall appear that the guardian was licensed to make the sale, by a judge of competent jurisdiction, and that he did accordingly execute and acknowledge, in legal form, a deed for the convey- ance of the premises. Sec. 1895. All sales, exchanges, transfers, gifts and conveyances of any estate or portion of an estate, of any ward of this kingdom, which may have been made by any guardian of such ward, preyious to the fourth day of Angust, A. D. 1851, shall be, and the same are hereby confirmed as legal and valid. CHAPTER XXX. —OF MASTERS AND SERVANTS. Sec. 1896. There are two kinds of servants in this kingdom, viz. : 1. Apprentices, that is, those engaged to serve any one in order to learn some art, trade, profession, or other employment. 2. Those who engage to serve by the day, week, month, year, or other fixed time, in consideration of certain wages. Sec. 1897. All minors above the age of ten years, may be bound as apprentices or servants, if females, to the age of eighteen years, or to the time of their marriage within that age ; and if males, to the age of twenty years, in the manner following : 1. By the father of such minor ; or, if he be dead, or be in- competent so to do from lunacy, idiocy, habitual drunkenness, or other cause, or if he shall have abandoned and neglected to provide for his family, then, 2. By the mother ; if the mother be dead, or incompetent, or or if she refuse, then, 3. By the guardian of such minor, duly appointed. If such minor have no parent living, or none competent to bind or ap- prentice him, or her, and there be no guardian, then, i. By the governor of the island in which such minor shall reside. Sec. 1398. No minor shall be bound as aforesaid, unless by a contract of two parts, signed and deliv- ered by both parties; and one part shall be kept for the use of the minor, by his father, mother, guardian or the governor. I399. Every contract for the binding out of any minor as aforesaid, shall contain an agreement on the part of the person to whom such minor shall be bound, that he will cause such minor to be instructed to read and write, and if a male, will cause him to be further instructed in the general rules of arithmetic. Sec. 1400. The age of every minor shall be insert- ed in the contract, and shall be taken to be the true age, without further proof thereof, Sec. 1401. All considerations of money or other things, paid or allowed by the master, upon any con- tract of apprenticeship, made in pursuance of the foregoing pro- visions of this chapter, or shall be paid secured to the sole use of the minor thereby bound. Sec. 1402. Parents, guardians, and the governors of the respective islands, shall inquire into the treat- ment of minors bound by them respectively, and of all who shall have been bonnd by their predecessors in office, and defend them from all cruelty, neglect, misusage, or breach of contract, on the part of their master. Sec. 1403. If any master shall be guilty of any cruelty, misusage, or violation of the terms of the contract, towards any minor so bound, a complaint may be made by the father, mother, guardian, governor, or minor, to any circuit judge or district justice, of the island in which said master shall reside, who shall have all the requisite powers for hearing and determining such complaint. Sec. 1404. After a full hearing of the parties, or of the complainant, if the master shall neglect to ap- pear after being duly notified, the magistrate in case the com- plaint is sustained. may render a judgment that the minor be discharged from his apprenticeship, and for the costs of the suit against the master, and may issue execution accordingly. Sec. 1405, If it shall appear that the complaint was made without any just or reasonable cause, the magistrate may award costs for the master against the com- plainant, and issue execution accordingly. Sec. 1406. Every master shall moreover be liable, whether such complaint be filed or not, to an action on the contract, for the breach of any covenant on his part therein contained, and all damages recovered in such action shall be the property of the minor. Sec. 1407. Such action may be brought either by the parent, guardian, or goevrnor, or their succes- sors in the trust of the minor, or by the minor himself after the expiraticn of the term of apprenticeship or service. Sec. 1408. No such action shall be maintained un- less it be commenced during the term of apprentice- ship or service, or within two years after the expiration thereof. Sec. 1409. If judgment in such action, brought during the term of service or apprenticeship, shall be