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VOL. V. NO. 643.
HONOLULU, II. I., MONDAY, FEBRUARY 0, 1893.
PRICE 5 CENTS.
THE DAILY BULLETIN
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tention. DANIEL LOGAN, Editor and Manager.
Business Cards.
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IlUPORTERS ADD DEALERS IN LUMI1FR AND
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Fort Street, Honolulu.
WILDER & CO.,
Dealfrs in Lumues, Paints, Oils, Nails,
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Knuhuinanu Street, Honolulu.
JNO. S. SMITHIES,
Auctioneer and General Business Aoent.
Mahukona, Kohala, Hawaii.
WENNER & CO.,
Manufacturing and Importinu Jewelers.
02 Fort Street, Honolulu.
" THOS. LINDSAY,
Mnupacturin(i Jeweler and Watch
maker. Kukui Jewelry a specialty. Particular
attention paid to all kinds of ropuirs.
' Mclnerny Block, Fort Street.
ATLAS ASSURANCE CO.
OF LONDON.
H. W. Schmidt & Sons,
AdUNTH FOR THE HAWAIIAN ISLANDS.
HONOLULU .IRON WORKS,
Steam Enuines, Suoab Mills, Boilers,
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Machinery of Every Description Made to
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Short Notice.
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Complete plans and specifications for
every description of building. Contracts
diuwn and careful superintendence of con
struction given when requited. Call and
uxuitiliio plant. New designs. Modem
buildings. Olllco, Uooiiifi, Bpreckels' Block.
Mutuul Tul. 20A
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(l.ato with the Government Survey.)
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, over Bishop's Bank.
W. H. STONE,
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HORSE CLIPPING
By A. M. BICTTKNCOUltP,
Veterinary Surgeon mid Dealer In Homes,
corner Uervtaiiia und Punchbowl nts,
&t- Mutuul Melupliouo 377, COM!
BY AUTHORITY.
AN ACT
To Amend an Act entitled "An Act SurrEMENTAitY to Chapter
XXXVII. or tbe Penal Code op the Hawaiian Islands,"
APPROVED THE 12tII DAY OF NoYEMBEB, A. D. 1890.
Be il Unacted by the Queen and the Legislature of the Hawaiian
Kingdom:
Section 1. Section 3 of tho Act entitled "All Act supple
mentary to Chapter XXXVII. of tlio Penal Cotlo of the
Hawaiian Islands," approved tho 12th day of Novombor, A. D.
1800, be and the same is hereby repealed.
Section 2. This Act shall take effect from and after the
date of its approval.
Approved this 11th day of January, A. D. 1893.
LILIUOKALANI B.
By the Queen :
G. N. Wilcox,
Minister of the Interior.
AN ACT
To DEriNE Writs of Errok.
Be it Enacted by the Queen and the Legislature of the Hawaiian
Kingdom :
Section 1. A writ of error may bo had by any party doom
ing himself aggrieved by tho decision of any Justice, Judge or
Magistrate, or by tho decision of any Court except the Su
premo Court, or by tho verdict of a jury, at any time before
execution thereon is fully satisfied, within six months from
the rendition of judgment.
Section 2. "Writs of error shall lio to any decision or rul
ing by .a justice or judge in any caso in which jury has been
waived.
Section 3. A writ of error may bo had to correct any error
appearing on the record, either of law or fact, or for any causo
which might be assignod as error at Common Law ; provided,
however, that no writ of error shall issue for any defect of
form merely in any declaration, nor for any matter held for
tho benefit of the plaintiff in error.
Section 4. For all purposes of this Act tho record shall
bo doomed to include all pleadings, motions, notes or bills of
exception, exhibits, Work's or Magistrate's notos-of proceed
ings, and if so desired by the plaintiff in error a transcipt of
the evidence in tho caso.
Section 5. There shall be no rovorsal on error of any find
ing depending on tho credibility of witnessos or tho weight of
evidence.
Section G. Writs of error in civil casos may bo issued by
tho Clerk of tho Judiciary Department or his deputies, as of
right in term time or vacation, upon the application of any
party to the original cause or of any personal representative
of a deceased party.
Section 7. No writ of error shall issue in a criminal caso
unless allowed by a Justice of tho Supremo Court. The allow
ance of tho writ shall operate as a stay of execution-in capital
cases, but shall not suspend sentence in cases not capital.
Section 8. No writ of error shall issue until tho sum of
twenty-five dollars has been dopositod to cover costs, and a
bond has been filed with the Clerk, in favor of tho piovailing
party in tho proceeding in which the error is alleged to have
occurred, or to his porsonal representatives, conditioned for
tho payment of tho judgment in said original causo in caso of
failure to sustain tho writ of error. An assignment of orrors
shall bo filed at tho timo of procuring tho writ.
Section 9. Every writ of error shall be addrossod to tho
Clerk of tho Court, if any, in which tho error is alleged to have
occurred, or to tho judge or magistrate making tho ruling,
and may bo served upon such clerk or judge by mail.
Section 10. Writs of error shall bo substantially of tho
following form :
"Supromo Court of tho Hawaiian Islands.
" Plnintifff in Error,
vs.
" Defendant in Error.
"To Clerk, etc.
" Whereas, in an action lately ponding boforo tho
Court for tho Judicial Circuit, in which
was plaintiff, and defendant, error is allogod
to havo occurred as appears by tho assignment of orrors on
filo in this Court, you are commanded foilhwith to send up to
this Couit tho rocout and all oxhibits filed in said proceed
ings. " Witness, tliu Honorable
" Chief Justice of the Supromo Court.
"Chnk."
No writ of error shall bo quuHhud for defect of form,
Section 11. Sorvice of a copy of tho assignmout of orrors
shall bo mado by tho Marshal or his doputios upon tho de
fendant in error or upon tho porsonal representative of a de
ceased party. Such copy shall bear n uotico from counsol
that a writ of error has issued. No hearing shall bo had on
a writ of error until twenty days after service.
Section 12. No joinder in orror shall bo nocossary. Aftor
duo sorvico tho Court may proceed ex parte if no appearanco
is made by tho defoudaut in error.
Section 13. No reversal on orror shall affect tho validity
of any.salo of personal or real proporty mado on oxecution
prior to tho sorvico of tho copy of tho assignment of errors.
Tho issuo 6f a writ of orror and tho filing a bond as abovo
provided shall stay oxecution from and aftor uotico of tho
same could havo reached tho officer making tho lovy of tho
same. It shall bo tho duty of tho clork or magistrate of tho
court to which tho writ is addressed to notify such ofiicor,
and ho shall bo deemed to havo recoived such uotico by tho
first mail after tho receipt of swraid it, if making a lovy in a
place other than tho rcsidonco of such clork or magistrate,
othorwiso on tho samo day.
Section 14. Tho Supromo Court shall have power to enter
such judgment in tho caso as in their opinion tho facts and
law warrant.
Section 15. Tho Supremo Court shall havo power to order
additional bond upon motion, and to determine tho amount
of ponalty thoreof and tho sufficiency of tho surotios to tho
samo, or to tho bond given, boforo proceeding to a hearing on
tho writ.
Approved this 11th day of January, A. D. 1893.
By the Queen :
G. N. Wilcox,
Minister of the Interim
LILIUOKALANI B,
AN ACT
To Beoulate the Carrying of Passengers ron Hike in Cae
itiAOES, Waoons and othek Vehicles in the Districts or
Wailuku and of Hilo.
Be it Enacted by the Queen and the Legislature of the Hawaiian
Kingdom :
Section 1. Tho Minister of tho Ifttorror'H'ubjoct'to the
conditions hereinafter contained, is heroby authorized to grant
licenses one year each in duration in tho District of Wailuku,
and also in the District of Hilo for tho carrying of passengers
for hire in carriages, wagons and other vehicles. For each
license so granted there shall bo paid a sum equal to one
dollar for each person up to tho full carrying capacity of tho
vohicle. Each licenso shall bo limited to tho district for
which it is issued.
Section 2. For tho purposo of this Act, tho sheriff of tho
Island, and in caso of his absenco his deputy shall bo ex-offi-cio
inspector of carriages, wagons and other vehicles and it
shall bo his duty to inspect all vehicles used and to bo used
in drawing such vohicles under tho license provided for hero
in ; and to prosecute for violation of tho requirements of this
Act and of the rules and regulations that may bo mado from
timo to time by rho Miuistor of the Interior.
Section 3. Boforo any licenso as heroin provided for shall
bo issuod, tho applicant shall filo with tho Minister of the In
terior, a certificate signed by tho said inspector which shall
state that ho has inspected tho vehicle, for which a licenso
has boon asked and tho animal and harnoss to draw it, and
that thoy aro sound and fit for tho required sorvice. If fdr
tho carrying of passengers it shall also state how many adult
passengers can bo carried at ono time, it shall also stato what
number of horses or other animals will be used to draw such
vohicles.
Section 4. Upon tho filing of tho certificate required by
Soction 3, tho licenso by this Act authorized may bo issued in
place thoreof provided no good reasons to tho contrary
appear. Such licenso shall bo classed as "Class A" for tho
carrying of pnssougors, and shall bo sovorally numbered ac
cording to tho order of thoir issuo.
Section 5. No person shall drivo or ubo any vohiclo or
carriage to carry passongors for hiro within either of said
districts without a licenso thorofor.
Section 0. Tho Minister of tho Interior shall from timo
to timo raako rules and regulations to bo obsorved by licensed
carriors and drivers of passongors, and rulos regulating rates
of faro to bo charged within each of said districts, a copy of
which rules and regulations and also of tho rates of faro, shall
bo furnished to oach holder of tho license, at tho timo of tak
ing such liconso nud from timo to timo, whonovor such rules
and mutilations aro changed, which regulations shall bo pub
lishoiTiu sonio public cowspapor, at least ono insertion and
shall havo tho forco of law.
Section 7. No person shall act as drivor of, or drivo any
licensed vehicle within said districts, unless lie shall hold a
licenso for that purpose, and no ownor of u licensed vohiclo
shall permit or allow any porson to aot as a drivor, or drivo
Hticli vohicle unless he shall havo a driver's liconso.
Section 8. Any porson who may bo desirous of obtaining
a liconso as a drivor shall apply to tho Sheriff or his Deputy
of the Island, who on lining satisfied that tho applicant is u
competent tliivor shall giiuit to him u certificate to UiutoHuot
upon presentation whereof to tho Minister of tho Interior, ho
shall rocoivo a liconso accordingly. Tho fco for which shall
bo ono dollar and tho liconso shall remain in forco for ono
year.
Section 9. Any porson, firm or company having ono or
moro licensed vehicles may mnko application for a driver's
liconso for each liconsed vehicle, first obtaining a certificate for
a drivor from tho Sheriff or his Doputy, and such license shall
bo in forco for ono year and shall bo applicable and used for
such porsons as shall bo from timo to timo in tho employ of
such owner as a drivor, and only so long as such driver shall
bo in such employ; provided, that in caso of any such persons
leaving the employ of such ownor, or ceasing to bo his driver,"
thon tho ownor may appoint a now driver in his employ, and
tho licenso shall bo applicable to such now drivor if tho Sheriff
or his Doputy shall first cancel on tho back of tho liconso tho
nanio of tho last drivor and ondorso tho uamo of tho now
drivor with a certificate of his fitness to drivo. Tho feo for
the license shall bo one dollar.
Section 10. Every drivor of a licensed vohiclo under
"Class A" shall at all times keop conspicuously posted within
tho carriago of which he may havo charge, in such position as
to bo oasily read, tho number of such vohiclo, and also a print
ed uotico of tho rates of fare which may bo legally charged.
Section 11. No porson shall demand, collect, or receive a
highor rate of fare than that which may be lawfully charged,
or that is specified in such schedule as shall bo fixed by tho
rules and regulations mado by tho Minister of tho Interior.
Section 12. No person shall in a licensed vehicle under
" Class A" carry moro passongors at any one time than tho
full licensed capacity.
Section 13. No porson shall uso, or drivo, or have upon a
street, or highway, or stand, within any of said districts a li
consed vohiclo at night without a lighted lantern affixed to
each side thereof near tho driver's seat.
Section 14. No owner of any vohiclo shall allow or permit
tho samo to be driven or used for the carriago of passengers
for hire within said districts ithout a licenso therofor.
Section 15. Every porson who shall violate tho provisions
of this Act, and any porson who shall violate any of the rules
and regulations mado by tho Minister of tho Interior under
authority of Section 6 of this Act, shall bo deemed guilty of a
misdomoauor, and upon conviction thereof shall bo punished
by" a fine not exceeding fifty dollars.
And tho District Magistrate boforo whom any person is
convicted of any misdemeanor' under this Act, may, in his dis
cretion, in addition to tho ponalty imposed deprive such per
son of his license.
Section 1G. Tho District Magistrates of Wailuku in all
cases of misdemeanor udner this Act in tho District of Wai
luku, and tho District Magistrates of Hilo in tdl cases of mis
domoauor under this Act in tho District of Hilo, shall havo
jurisdiction to try and dotormiue tho samo and impose tho
penalties prescribed.
Approved this 11th day of January, A. D. 1893.
By the Queen :
G. N. Wilcox,
Minister of the Interior.
LILIUOKALANI B.
AN ACT
To Repeal Section 20 or Chapter LXII. or the Session Lvws
or 1888, entitled "An Act to Authorize and Promote the
Construction or Speam Bailroads on the Islvnd or Oahu."
Be it Enacted by the Queen and (he Legislature of the Huwuiian
Kingdom :
Section 1. Section 20 of Chapter LXII. of tho Session
Laws of 1888, entitled "An Act to Authorise and promoio tho
construction of Steam Bailroads on tho Island of Oahu," is
horoby repealed.
Approved this 11th day of January, A. D. 1893.
LILIUOKALANI B.
By the Queen :
G.-N. Wilcox,
Minister of the Interior.
AN ACT
To Amend Sections 7, 8, and 11 or Chaiteu XXXV. or the.
Session Laws or 1881, beino an Act entitled "An Act to
Beoulvth Piioceedinoh in Bankruptcy in the Hawaiian
Islands," api-rovfi) the 29th day of" Auotsj', A. D. 1881.
Be it Enacted by the Queen and the Legislature of the Hawaiian
Kingdom :
Section 1. Section 7 of the "Act to regulate proceedings
in bankruptcy in tho Hawaiian Islands," is horoby amended
by striking out tlm woid " Justice " whonovoi it occurs in said
Soction, and inhuitiiig in place thoreof tho words "Circuit
Judge," except uhom tho sumo occurs aftor tho wotds "and
prove thoir claim boforo tho", and by inserting aftor tho
word "prove" tlm woids "and filo", and by striking out tho
woids "bonne Hid" and inserting after tho wcmltt "so proved
thoir claims onw tho words "or bofoio", und by inHorUnmnftor
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