OCR Interpretation


The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, September 02, 1882, Image 2

Image and text provided by University of Hawaii at Manoa; Honolulu, HI

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn82015418/1882-09-02/ed-1/seq-2/

What is OCR?


Thumbnail for 2

trrr .'i .-- . fCp
PACIFIC COMMERCIAL A D V E R T I S E tt, SEPTEMBER 2. 1882.
r
i
Vrt gnthoritn.
few
.IST ACT
TO REGULATE THK SALE OK SPIRITUOUS LlUOR.
Be it enacted by the King and the JegiWatire Armbly of the
Jlauraiian Hand in the Ijrghlature of the Kingdom assembled.
Section 1. The --veral laws and parts of law' mentioned in
the Schedule hereto to the extent to which they are therein ex
pressed to be repealed are hereby repeah-d except as to any
proceeding under the said laws or any of them; and all onVnees
committed and liabilities incurred before thi Act shall come Into
operation shall be prosecuted and all licenses i-ued under the
authority of the said laws shall confer the same right as if this
Act ha1 not passed, but no more. Provided that irsons hold
ing llceases under Sections 18, 19, 20, 21 and 22 of chapter 41 of
the Penal Code may surrender such licenses in exchange for
llcen.-s under this Act upon paying a projHirtionate part of the
license fee prescrilcd by this Act.
Sec. 2. The following words unless where the contrary npiears
from the context, 'are u.ed in this Act with meaning hereby as
signed to them resjiectively.
Spirituous Liquors " shall mean any wines, spirit-, ale, ciler,
perry, beer or other fermented or distilled liquors and all liquor of
an intoxicating nature. "Sunday " shall mean the time between
11 of the clock on the evening of Sat unlay and " of the chirk on
the morning of the succeeding Monday.
"The King in Council " shall mean His Majesty, by and with
the advice and consent of his Privy Council.
But nothing in this Act sha'l apply to any tTson selling any
spirituous or distilled jierfume b-na Jide as ierfumery; nor to any
duly qualified and licensed physician or surgeon, chemist or drug
gist who may administer or sell any spirituous liquors for medici
nal purposs.
Sec. 3. The licenses issued under this Act shall be 'signed by
the Minister of the Interior and scaled with the seal of his
department, and shall not !e transferable except as hereinafter
provided, and shall lie in force for one year from the date of issue.
Sec. 4. Whoever shall manufacture for sale any intoxicating
drink or sulntance in this Kingdom shall lie liable to a fine not
exceeding Five Hundred iVillars, and in default of payment of
such fine shall lie imprisoned at hanl lalmr for a term not exceed
ing two years.
Sec. 5. Whoever shall distill any Spirituous Liquor in this
Kingdom (except under a license issued pursuant to an Act ap
proved on the 13th day of July, A. D. 1874, entitled "An Act
authorizing the Minister of the Interior to grant to owners of
MM for the manufacture of Sugar Licenses to distill Spirituous
Liquor,") shall be liable to a line of not less than fifty dollars, nor
more than one thousand dollars ; and in default of payment of
such fine shall be imprisoned at hanl lalmr for any term not ex
ceeding two years.
Sec. . All Spirituous Liquor imported under the name of
perfumery or preserved fruits with the intention of evading the
laws relating to duties snail 1' liable to seizure, condemnation and
sale for the benefit of the Public Treasury.
Sec. 7. All stills, distilling apiKiratas or other articles in use,
except as provided in section 5 of this Act or having been used in
distilling spirituous liquor or other intoxicating drinks or sub
stances within this Kingdom, and also all spirituous liquors and
all other intoxicating drinks or sulistances manufactured for sale
within this Kingdom shall lie forfeited to the Hawaiian Govern
ment, and may lie seized and taken jtossession of by the Marshal,
Deputy Marshal, Sheriffs or their Deputies, or by any constable;
and all articles so seized by any other officer than the Marshal,
Deputy Marshal or Sheriffs, shall without delay be delivered into
the care of the Marshal, Deputy Marshal or Sheriff nearest the
place of seizure who shall cause a notice of such seizure
to be published in some newspajier, and unless the owner
or some person authorized to claim jiossession thereof shall,
within twenty clays fnmi the day of such notice of seizure,
file with the officer having the same in possession a writ
ten claim to such pnperty so seized, it shall ie held to be
condemned as forfeited to the Hawaiian Government; and in all
cases where the owner or some jierson claiming the right of pos
session shall file a written claim as herein provided It shall be the
duty of the Marshal, Deputy Marslial or Sheriff, having the prop
erty in jiossession, to furnish to the Attorney General a written
statement of the facts who is hereby authorized and required to
take legal measures to have the question determined whether the
projierty seized has lieen forfeited in accordance to the provisions
of this Section.
Sec. 8. The Minister of the Interior shall have power to
grant u wholesale vending license for Spirituous Liquors to any
person having a license to sell goods, wares and merchandise at
wholesale applying therefor in writing, and stating in his appli
cation the name of the vendor and where the applicant intends to
- establish his place of business.
Sec. 9. The wholesale vending of Spirituous Liquors shall
consist of selling the same in quantities not less than the packages
originally imported and in no other manner. Provided that no
part thereof shall be drank or used on the premises where they
are sold or in any other house or premises contiguous thereto,
procured or "rented for that purpose by the iirty holding such
license, or any other ierson or jtersons whatsoever through his
agency under the penalty of forfeiting his license and incurring
the penalties of the law and his bond.
Sec. 10. Before granting such wholesale license to vend
Spirituous Liquors the applicant shall my for the use of the
Hawaiian Government Two Hundred and Fifty Dollars, and give
a bond to the Minister of the Interior in the jienalty of One
Thousand Dollars with at least one sufficient surety to lie approved
by said Minister.
Sec 11. The Minister of the Interior shall have power in like
manner to grant licenses to be called " Dealers Licenses " to any
person for the vending of wine, ale and other spirituous liquors,
upon such person applying therefor in writing and stating in his
application the name of the vendor and wliere the applicant in
tends to establish his place of business.
Sec. 12. Any person having obtained a license in accordance
with the preceding section may sell ardent spirits in quantities
not less than one gallon, wines, ales and other liquors containing
alcohol in quantities not less than One Iki.en bottles. Provided
that the same and no part thereof shall lie drank or used on the
premises where they are sold or in any other house or premises
contiguous thereto, procured or rented for that purpose by the
party holding such license or any other ixtsoii or iersons whatso
ever through his agency under the penalty of forfeiting his license
and Incurring the penalty of the law and his liond.
Sec. 13. Before granting such license to any iierson to vend
wine ale and other spirituous liquors as presrrilied in Sections 11
and 12 of. this Act, the applicant shall pay to the Minister of the
Interior for the use of the Uoyal Exchequer the sum of Five
Hundred Dollars, and give a ImmhI to the Minister of the Interior
in the penalty of One Thousand Dollars, with at least one surety
to be approved by the said Minister.
Sec. 14. The Minister of The Interior shall have the power
to grant licenses to retail spirituous liquors, uinm application in
writing, stilting the name of the vein lor and where the applicant
Intends to establish his place of business in each district.
Sec. 15. Before the granting of a retail license to vend spiritu
ous liquors as contemplated in the preceding Section, the applicant
shall ly to the Minister of the Interior, for the-use of the
Hawaiian Government, the sum of one thousand dollars, and
shall "ive a liond in the sum of one thousand dollars, with one
sufficient surety to be approved by said Minister.
Sec li. Such hist mentioned license shall authorize the
licensee to sell and disiiose of any spirituous liquors by the liottle
or glass on the premises therein siHvitied tietween the hours of
five o'clock in the morning and eleven o'clock at night on every
day except Sunday.
SEC. 17. The Minister of the Interior, by and with the
consent of His Majesty the King in Privy Council, shall have the
power, and it hallle his duty to fix the limits or boundaries
within which those obtaining a license miitcmplated by this Act
ehall carry on and tranu t such business, and shall cause public
notice to he given of the same, and he shall designate in the
license the house or store or place in which such licensed person
shall be authorized to pursue his hu-inos, and the license so
granted shall not lie transferable except as hereinafter provided,
or held to authorise such liusiness to lie carried on by any person
or persons or at any other place than such as may In designated
In the license. Provided that until His Majesty in Council shall
recommend an alteration in the Limits within which spirituous
liquors may now lie sold, such limits shall apply to licenses
issued under this Act. And provided that His Majesty In Coun
cil may authorize the Minister of the Interior to grant and Issue
licenses or the vending of Spirituous Liquors at retail outside of
the limits of the city of Honolulu, ujnhi and subject to such terms
and conditions as such Council may think proper, provided that
the license fee shall f the same as provided by Section 15 of
this Act.
Sec. 18. The side and vending of spirituous liquors shall be
regulated more definitely oy the terms of the license, and the
.Minister of the Interior may prescrilie in the license definite niles
nd regulations, to be observed by the vendors; provided that if
any license shall lie authorized or granted for any premises outside
of the limits of the city of Honolulu, such license shall not author
ize or allow the sale of spirituous liquors to lc consumed oft" the
premises for which such license shall lie granted.
Sec. 19. All persons applying for a license under the provis
ions of this Act shall before receiving the same tile a liond (in
form similar to the following), the same being always subject to
the approval of the Minister of the Interior:
"Know all men by these presents, that we principal,
and surety, are held and firmly ixmnd unto the Minis
ter of the Interior, for the use of the Hawaiian Government, in
the penal sum of dollars lawful money, to be levied on
our respective joint and several property in case the conditions
hereinafter set forth shall be violated.
"For the just and full payment of which we hereby jointly and
severally bind ourselves, our heirs, our executors, administrators
and assigns.
"Sealed with our seals and dated this day of
IS...
"The condition of this obligation is as follows: That whereas
the above bounden has this day applied for a license
to vend spirituous liquors in acconlance with the law approved on
the day of 18..., entitled An Act to regi L.te the
sale of Spirituous Liquors,' and has complied with all tl-- requi
sitions of law, and has consequently lieen granted a license to
vend spirituous liquors in accordance with such law for the term
of one year from date. Now therefore, if during the continuance
of this license the said .shall not be convicted of felony,
perjury or other infamous offence, or of any offence against or vio
lation of. the revenue laws, or of any other offence under the said
statute involving a forfeiture of the said license, a copy of which
is hereto annexed, then this obligation shall Ik void. Otherwise
upon proof lieing made to the satisfaction of a District or Police
Magistrate, without the intervention of a jury, the penalty men
tioned in the liond shall Ik forfeited, and the license of the said
this day granted shall lie void.
"Given under our hands ami seals the day and year aljove
written.
"In the presence of
t
Sec. 20. Uion the violation of any of the conditions of his
liond by any licensed dealer in spirituous liquors, it shall In the
duty of the Minister of the Interior to pa as said liond to His
Majesty's Attorney General of the Kingdom for enforcement
against the iartiesthereto, lioth principal and surety, with such
information as has come to his knowledge in regard to any
violation.
Sec. 21. The Minister of the Interior shall keep in a liook of
licenses, the names of all licensed vendors of spirituous liquors
throughout the Kingdom, their respective places of alnnle, the
character of the licenses granted to them, and the amount of license
money paid by each, together with the date of such license.
Sec. 22. It shall not lie lawful to issue a license for the re
tailing of Spirituous Liquors for any house or premises where any
other business except that of a victualing house keeper under a
license to such retailer Is carried on, or that has any communica
tion with any other house or premises where any business (except
as aforesaid) is carried on.
Sec. 23. If any person shall (except as the agent or servant of
a licensed ierson) sell or dispose of within this Kingdom any
spirituous liquors, or shall permit or suffer any spirituous liquor
to lie sold or disposed of by any other person within this Kingdom,
without having first obtained in manner and form hereinbefore
mentioned, a license authorizing such sale or disposal at the time
and place and in quantity and manner in which such licensee is by
such license authorized to sell and dispose of such liquor ; every
such person shall forfeit and pay for a first offence any sum not less
than one hundred dollars nor more than five hundred dollars, and
for every subsequent offence shall be imprisoned at hard lalior for
not leas than three months nor more than six months, and shall
also be subject to a penalty of five hundred dollars. Provided
that every offence shall be deemed a first offence within the mean
ing of this Section, unless It shall have been committed subsequent
to previous conviction and within twelve months hereafter.
Sec. 24. If . any holder of a license shall suffer any person
to play any unlawful game or sport within the said licensed
premises or appurtenances thereto, or suffer any one to play at
billiards or any other game in his house or premises on a Sunday,
or permit prostitutes or drunken or disorderly persons to lie on
his premises, he shall forfeit and pay for every such offence any
sum not exceeding one hundred dollars.
Sec. 25. Any holder of a license who shall sell or retail any
spirituous liquor or permit or suffer the same to be drank in his
house or premises on Sundays, shall tie liable to a penalty not .
exceeding two hundred dollars. But this Section shall not apply
to the onlinary supplies furnished to bona Jide lioarders and
lodgers In the house or premises.
Sec. 26. If any ierson holding a license under this Act shall lie
convicted twice within a period of twelve consecutive months of
any offence against the provisions of this Act, the Justice before
whom such person has been convicted, shall by an order under his
hand In the form in the second schedule declare such license to le
forfeited, and the same shall thereupon be void, and it shall le
the duty of the Attorney General to sue for and enforce the
penalty of the liond given by such licensee, and such licensee
shall be and lie deemed incapable of ever again holding a license
under this Act.
Sec. 27. No holder of a license shall either in his house or any
of the appurtenances thereto, supply any spirituous liquor to any
jiersAin in a state of intoxication, under a penalty "for each offence
of any sum not leas than fifty nor more than two hundred and
fifty dollars. And if any such intoxicated iierson remain more
than three hours on such premises the holder of such license shall
in each such case be liable to the same jienalty.
Sec. 28. No holder of a retail license shall recover any debt or
demand on account of any spirituous liquor supplied by him to
any person for consumption on the premises, but the holder of
such license may sue for and recover the value of any spirituous
liquor supplied with meals to any iierson bona Jide. lodging or
boarding in the house.
Sec. 29. If any holder of a retail license shall receive in pay
ment or ask a pledge for any spirituous liquor or entertainment
supplied in or from such licensed house anything except current
money or checks on bankers, or orders for payment of money, he
shall for each such offence pay a penalty not exceeding fifty
dollars.
Sec. 30. If any holder of a license shall lie convicted of felony,
perjury or any infamous offence or of any offence against the
revenue laws, or if holding a retail license, he shall permit any
person to manage, superintend or conduct the business of such
during his absence for a longer period than forty-two consecutive
days in any one year without tilt previous consent in writing of
the Minister of the Interior, or shall whether present in such
house or not, permit any unlicensed person to be in effect the
keeper thereof or shall allow such hous to liecome ruinous or
dilapidated, then uMm complaint thereof and proof of any of the
facts aforesaid to the satisfaction of any District or Police Justice,
such Justice shall by an order under his hand in .the form of the
second schedule declare such license to lie forfeited, and the same
shall thereupon cease. But if such house shall have become
ruinous or dilapidated by reason of fire, tempest or other cause
beyond the control of the licensee, the license shall not lie for
feited until a reasonable time has elapsed for the reinstation of
such house.
Sec. 31. If any licensed person shall sell or offer for sale any
adulterated spirituous liquor, he shall forfeit and pay for every
such offence any sum not less than one hundred dollars, nor more
than five hundred dollars. And in order to analyze such spiritu
ous liquor, ahy Justice may on complaint on oath made to him
that any such spirituous liquor is or is believed by such complain
ant to lie adulterated, and on the deposit by such complainant of
the sum of five dollars to defray the expense of such analysis
authorize the seizure of such suspected spirituous liquor, and
cause the same to be analyzed by some competent iierson, and the
expenses of such analysis hall I a jHirtion of the costs which
such justice shall order to lie paid by the iierson convicted.
Sec. 32. Any District Justice, the Marshal, his Deputy or
any Sheriff, Deputy Sheriff or Constable may seize and take, or
cause to lie seized and taken away, all such spirituous liquor as he
or they shall have reasonable cause to suspect to be carried about,
for, or excised to sale in any highway or footpath, in any booth,
tent, store or shed, or in any lioat or vessel, or in any place what
soever by any iierson not licensed to sell the same, and all the
vessels and utensils used for containing, drinking or measuring
the same, and any cart, dray or other carriage, and any horse or
other animal used jn draying or carrying the same, and any boat
or other vessel used in the conveyance thereof. And such Justice
on his own view or on proof of such offence by oath, may convict
any iierson so offending, and on conviction he shall pay any sum
not exceeding two. hundred and fifty dollars, and be imprisoned at
hanl labor for any iieriml not exceeding three months, and such
Justice may adjudge such spirituous liquor, vessels and utensils
containing the same, and any cart, dray or carriage, horse or other
animal, antl any boat or. vessel used in conveying the same to be
forfeited, and may direct the same to lie sold, and the proceeds
thereof after deducting the expenses of sale, to be appropriated
in like manner as fines are by law directed to be appropriated.
Provided that In all cases where liquor shall be carried or be in
course of lieing carried, or lie on the way from one place to another,
the burthen of proving that such liquor was not so carried or ftJ
ing carried or exjiosed for sale shall be on the party so carrying
the same.
Sec. 33. Any iierson not the holder of a license keeping up any
sign, writing, iainting, or other mark in or near his house or
premises, or having his house or any part thereof fitted up with a
bur, or other place containing Imttles or casks displayed so as to
induce a reasonable belief that spirituous liquor is sold or served
in such house or premises, or there lieing on such premises more
spirituous liquor than is reasonably required for the use . of the
persons residing therein, shall be deemed prima facie evidence of
the unlawful sale of spirituous liquor by such person.
Sec. 34. Upon information on oath liefore any Police or District
Justice by any person, that he U lieves that spirituous liquor is
sold by any person without a license, or contrary to the provisions
of this Act, in any house or place, such Justice shall grant his
warrant to any Constable to enter and search such house or other
place and seize all such spirituous liquor as aforesaid as he shall
then and there find, and any vessel or vessels containing such
spirituous liquor, and detain the same until the owner thereof
shall appear before such Justice to claim such spirituous liquor or
vessels, and shall satisfy such Justice how and wherefore such
owner became possessed of the same, or if such person after being
summoned shall not appear, and if it shall appear to the said
Justice after due inquiry that such spirituous liquor was in the
said house or place for the purpose of lieing illegally sold or dis
posed of, then he shall adjudge such spirituous liquor and ves
sels to be forfeited and sold, and the proceeds after paying the
expenses of such sale shall lie appropriated in like manner as
penalties under this Act.
Sec. 35. In all proceedings against any iersons for selling or
allowing to be sold any spirituous liquor without a license, such
Ierson shall be deemed to be unlicensed, unless he shall at the
hearing of the case produce his license.
Sec. 36. The delivery of any spirituous liquor either by the
owner or occupier, or by his or her servant or other person in the
house or place, shall Ik? deemed to lx sufficient prima facie evi
dence of money or other consideration being given for such
spirituous liquor, so as to supjiort a conviction, unless proof to the
contrary lie given to the satisfaction of such justice.
Sec. 37. Every husband, wife, child, parent, guardian, employ
er or other iierson who shall be injured in jiorson or property or
means of supiiort by any intoxicated person, or in consequence of
the intoxication, habitual or otherwise, of any iierson, or who lie
ing himself or herself intoxicated, shall be thus injured in conse
quence of such intoxication, shall have a right of action in his or
her own name, severally or jointly, against any licensed dealer in
spirituous and intoxicating liquor-, who shall by selling or giving
spirituous or intoxicating liquors, have caused the intoxication in
whole or in part of such person or persons, for all damages sustain
ed and for exemplary damages. And a married woman shall have
the same right to bring suits under this Act, and to control the same
and the amount recovered as a famine oV.Aftd all damages recov
ered by a minor under this Act shall Ik? paid either to such minor
or to his or her imront, guardian or next friend as the court shall
direct.
Sec. 38. All suits for damages under the hist preceding section
may be by any appropriate action in any of the courts of the King
dom having competent jurisdiction.
Sec. -39. No spirituous liquor shall lio sold by auction uikhi any
house or premises not licensed for the sale of spirituous liquors un
der this Act. Any auctioneer or other person violating the provis
ions of this section shall be subject to the penalty hereinbefore pre
scribed for selling spirituous liquors without a license. Provided
that nothing herein contained shall apply to the sale by auction of
spirituous liquors in liond by sample, if the owner thereof shall Ik
duly licensed for the sale of such spirituous liquors, and provided
also that the Minister of the Interior may in his discretion authorize
any licensed auctioneer to sell any such spirituous liquors by auc
tion, when he shall be satisfied that the said liquors are the proii
erty of a private person, and are not sold for profit or by way of
trade.
Sec. 40. Every iierson who lieing intoxicated shall enter any
premises licensed for the sale of spirituous liquors, or lieing intoxi
eated uiion said premises, shall not leave the same when requested
by the licensee or by any iierson in his employ, may be arrested
by any constable and shall on conviction pay a fine of ten dollars.
Sec. 41. Every person who shall lie found drinking on any
licensed premises during prohibited hours or on Sundays, shall Ik?
liable to the same iienalty as the licensee is subject to for keeping
open his licensed house at times not allowed by his license, and
such persons may lie arrested by any constable or peace officer.
Sec. 42. Any person who shall import into this Kingdom any
spirituous liquors unless holding a license under this Act, or unless
the same is for his own private use, shall on conviction before any
police or district justice be subject to a fine of five hundred dollars,
and in default of payment may lie imprisoned at hard lalnir for
any term not exceeding two years. ,
Sec. 43. This Act shall take effect and become a law on the first
day of October next, and shall remain and continue in force up to
and until the first day of January, which will be in the year one
thousand eight hundred and eighty-five.
THE FIRST SCHEDULE.
Chapter 41 of the Penal Code.
The Act approved on the 29th day of July A. 1). 1872, entitled
"An Act to make all persons retailing spirituous and intoxicating
liquors liable in damages for injuries done or received by those
becoming intoxicated on such liquors and as the result of such in
toxication." An Act approved on the 25th day of September A. 1). 1870, en
titled "An Act to amend Section 17 of Chapter 41 of the Penal
Code."
THE SECOND SCHEDULE.
Be it remembered that on the. day of . .... A. D complaint
was made before (District or Police Justice) of A. B.
being the holder of a license, for that (here set out the acts
which have caused the forfeiture) or proof was made tome that A.
B. lieing the holder of a license, was twice within a period
of twelve consecutive months convicted under the provisions of an
Act entitled " An Act to regulate the sale of spirituous liquors,"
(that is to say) on the . . .clay of . . A. 1) under the sec
tion of the said Act, and on the. .day of ... underthe... section
of the said Act. Now I do therefore adjudge that the said license
of the stiid shall be forfeited
Given under my hand this . day of A. D. .
Approved this 7th day of August A.
D 1882.
KALAKAUA HEX.
.A-N ACT
To Authorize a National Loan and to define to what
uses such Loan shall be devoted.
Be it Unacted by the King and the Legislative Assembly of
the Hawaiian Islands in the Legislature of the Kingdom
assembled :
Section 1. The Minister of Finance, under the direction of the.
King in Cabinet Council, is hereby authorized to borrow on the credit
of the Hawaiian Government, from time to time, during the period
of three years after the passage of this Act, such sums not exceeding
in the whole the sum of Two Million Dollars, for the purposes in this
Act hereinafter set forth, for which sums the Minister of Finance
may cause coupon bonds to be issued from time to time, for such
amounts each as he may de in advisable, such bonds to be issued at
not less than par, and to bear interest not exceeding six per cent, per
annum, payable semi-annually, and said bonds to be exempt from
any Government tax whatsoever, and to be redeemable in not Jess
than five nor more than twenty-five years, the principal and interest
being payable in United States gold coin or its equivalent.
Section 2. The loan so authorized shall le used and expended for
the following purposes, that is to say :
Immigration for re-population $ 500,000
Government Buildings, including Hopitl 200, 000
Filling in and reclaiming Water Lots iu Waikahalulu 50,000
Landings and Buoys 50,000
Making and building new Roads and Bridges 300,000
Sanitation of Honolulu 100,000
Marine Railway, Honolulu 40,000
Deepening Honolulu Harbor and Entrance 150,000
Telephonic and Telegraphic communication 100,000
Encouragement of Railway 150,000
Encouragement of Agriculture 300,000
$2,000,000
Section 3. All sums borrowed or authorized to be applied under
this Act shall be paid to the Minister of Finance, and shall by him
be placed to a separate credit to be called "The Loan Fund," and no
part of the money shall, on any pretense, be paid, used or applied,
directly or indirectly, either temporarily or otherwise, to or for any
public use or purpose other than the purposes respectively to which
the same is hereby directed to be applied.
Section 4. The Minister of Finance is hereby authorized, from
time to time, to pay out of any money in the Treasury not otherwise
appropriated, the expense of preparing the bonds to be issued under
the authority of this Act, and the interest froai time to time accruing
on said bonds.
Section 5. The several items iu the Appropriation Bill of this
session of the Legislative Assembly, amounting in the whole t Oue
Million and Twenty-five Thousaud Dollars, and appropriated for the
following purposes-, that is to say :
Roaes. Bridges, and Tali Road $ 300.000
Custom House and Stores, Kahalni 15.000
Custom House and Stores, Mahukona 15.000
Custom House anil Stores, Hilo 15.im.iq
Police Court, Public Works, Water Works, Tax Assessor, etc., build
ings for :
Fireproof Building for Supreme Court and otl
Building and repairs of Court-bouses and Loo
Marine Railway, Honolulu .
The several items of Landings up to the amount of
Encouragement cf Immigration
her Records. .
Lookups
35,000
15,000
30,000
50,000
50,000
500,000
$1,025,000
Shall be charged upon and paid out of any moneys which may be
borrowed under the authority of this Act, and any moneys which
shall be paid by the Minister of Finance for any of the said purposes
before the receipt of any moneys under this Act, shall be repaid to
the Minister of Finance when such moneys shall be Lorrowed.
Section 6. This Act shall come into operation and take effect
from and after the date of its publication;
Approved this-5th day of August, A. D. 1882.
sept2 3t KALAKAUA REX.
AN ACT
To Provide for Licensing Dairies, and the
Sale of Milk; and for the Inspection of
Milk in the City of Honolulu.
Be it enacted by the King and the
Legislative Assembly' of the Hawaiian
Islands in the Legislature of the Kingdom
assembled :
Section 1. The Minister .of the Interior
is hereby authorized to issue a license to
carry on the business of dairying, and for
the sale of milk in Honolulu to any person
applying therefor, for the term or one year,
on receiving from such applicant the sum
of twenty-rive dollars for the,use of the
Hawaiian Treasury.
Section 2. Any person who shall sell
milk, or offer the same for public sale in
Honolulu without having obtained a license
as prescribed in Section 1 of thi9 Act shall,
on conviction before a police justice, be
fined uot less than five dollars, nor more
than twenty-five dollars.
Section 3. Any person who shall sell, or
offer for public sale in Honolulu milk which
has been adulterated by the addition of
water, or any other substance, shall be
deemed guilty of a misdemeanor, and, on
conviction thereof, shall be punished by a
fine of not less than five dollars, nor more
than twenty-five dollars.
Section 4. The Agent of the Board of
Health shall appoint one or its agents ior
the city of Honolulu to be inspectorof milk.
It shall be the duty of such inspector to in
sneet from time to time milk sold or offered
for salo in Honolulu. Said Inspector is
hereby empowered, when he shall find milk
which has been adulterated, to take and
confiscate the name forthwith ; and it shall
le his duty to institute prosecutions there
for.
Section 5. The provisions of this Act
shall not be held to apj ly to persons keep
ing a cow or cows for private use, who may
dispose of surplus milk to neighbors not
ottering the same at publ.c sale.
Section 6. This Act shall go into opera
tion thirty days after publication.
Approved this fifth day of August, A.D.
1882.
aug26 3t KALAKAUA REX.
AN ACT
To Regulate the Licensing of Commercial
Traveling Agents from foreign countries
doing business In this country.
Be it enacted by the King and the
Legislative Assembly of the Hawaiian
Islands in the Legislature of the Kingdom
assembled :
Section" 1. From and after the passage
of this Act no iierson, agent or representa
tive of any foreign commercial or manufac
turing house, company or corporation, shall
be licensed or permitted to sen goods, wares,
or merchandise in the Hawaiian Islands
without first filing with the Minister of the
Interior a statement, giving the name of
such foreign bouse, company, or corpora
tion ; also stating the place of domicile of
sucn foreign house, company, or corpora
tion, and the line of trade or manufactures
in which it is engaged. Upon tiling such
statement duly verified, the Minister of the
Interior shall, upon application of such per
son or agent, and upon the payment of live
hundred ($500) dollars grant a license to the
applicant for a period of one '1) year to sell
goods, wares, and merchandise in Honolulu,
island or Uaiiu. And upon any such i er
son or agent of any foreign house, company.
or corporation filing a statement w'th the
Minister or the Interior, duly verified, as
by this Act hereinbefore provided, and upon
navment of two hundred And fiftv f'2TiB)
dollars, the Minister of Interior shall issue
a license to such applicant for a period of
one (l) year to sen goods, wares, and mer
chandise in any other city, town, or district
in the Hawaiian Islands, Honolulu ex
cepted. .Provided, that no license granted
under the provisions of this Act shall permit
any person, agent, or representative to sell
the goods, wares, or merchandise of more
than one house, company, or corporation
and no license so granted shall lie trans
ferable.
Section 2. Any person, agent, or repre
sentative selling goods, wares, and mer
chandise of any foreign house, company, or
corporation in the Hawaiian Islands with
out first obtaining a license as herein pro
vided shall be subject to arrest and nrosecu
tion, andr upon conviction, be fined five hun
dred ($500) dollars. Any person, agent, or re
presentative who shall make a verified false
statement to the Minister cf the Interior as
to the name or domicile, or character of
trade, merchandise, or manufactures of
the house, company, or corporation that
he represents, shall be deemed guilty of
perjury, and, upon conviction thereof, be
punished for the offence of perjury, as now
provided Dy law.
Section 3. AU. laws, or parts of laws
inconsistent nerewitn are hereby and here
with repealed.
Approved this seventh day of August
aug26 3t KALAKAUA HEX.
AN ACT
TO Amend an Act entitled "An Act to
Regulate the Carrying of Passengers and
Freight, and the Letting to Hire of Car
riages, Wagons, Carts, Drays, and other
vehicles in tne JUistnct ot Honolulu."
Be it enacted by the King and the
Legislative Assembly of the Hawaiian
islands, in the .Legislature of the Kingdom
assemoieu :
Section 1. That the said Act shall be
and the same is hereby amended by adding
. i . . i. i , , . j i
tuereiu me luuowiug worus mat is to say :
Section 12. No person shall act as
driver of or drive any licensed vehicle un
less he shall hold a license for that purpose;
and the owner of any such vehicle who
shall allow any unlicensed iierson to drive
the same and any unlicensed person who
shall drive any such vehicle shall severally,
on conviction, forfeit, and pay for every
such offence a fine of rot less than five
dollars nor more than tweuty-five dollars.
Section 13. Any person who may be
desirous of obtaining a license a.s a driver
shall apply to the Marshal or his deputy,
who, being satisfied that the applicant is
a competent driver, shall grant to him a
certificate to that eifect, and upon presenta
tion thereof to the Minister of the Interior,
shall receive a license accordingly; the fee
for which shall be the sum of one dollar,
and which license shall remain in force for
one year.
Section 14. Any licensed owner or
driver who shall violate any of the regula
tions made by the Minister of the Interior
under the authority of Section 3 of the
said Act shall, upon the conviction, forfeit
and pay for every such offense a fine not
exceeding twenty-five dollars.
Approved this fifth day f August, A.D.
1882.
BY AUTHORITY.
Boyal Commission
ISVETIATION or POLICE FolU K.
KALAKAUA. by the Orare of Hl t the Jin-
ir ;,, itlttntit, Kitty.
To His Excellency Walter Murray (lilwon, Our
Minuter f ForciRn Affaira, Ilin EawlInni'T El
wanl Proton, Our Attornoy-ilcncral. Ilia Eaofl-
oiicv John O. lioiuini. Governor of the Inland of
Oaliu, aliici Governor of the lrflantl of Maul auJ ita
tlepcndeneie. The Honorable mutant v. i-ara
and Andrew Burrell Haier. require, wuaein grrmi-ing.
Whereas, it hath been made to appear to u mat
t is advisable enquiries bhould be made into the
present organization of the Police Fori- of Our
Kingdom, aud whether it U noi poioie mat a
more efticient organization of uch Polir Forc
can be had and what if any improvement can be
made in the organization, discipline and control of
such Police Force. And
We bciiitf minded and deairoiia of aacertainin
whether more erncieut organization of unch Police
Force can he had and whether any improvement
can be made in the organization, diacipline and
control of tuich Police Force ao aa M make neh
Police Force more mutable to the preaent want
nd neccitie of Our Kingdom. Do hereby of
our own Grace aud motion, nominate and appoint
tou the aaid Walter Murray GiliMon, Edward Prea-
ton, John O. Domini, William C. Parke and An
drew Durrell Haley and each of you to be our eoui-
niiHionerf and commianioner for Ua and In Our
name to make all and niiiguhr the enquiriea and
mat torn aforesaid.
And wo do further command and direct you and
each of tou, that before entering upon the dutiea
hereby conferred upon you, you do chooae from
among youriclvea a Prettidcnt whon duty it ahall
be to pretiide at all your meeting, and that you
cause to le kept, minute of all your meeting and
proceeding.
And furthermore you ami each of you are hereby
commanded and directed to report the reault of
your enquiries, doing and proceeding toetlier
with what you or a majority of you may recom
mend touching and concerning the premise to our
aelf iu council on or before the rtrt day of January,
which will be in the year of Our Lord One Thou
ttand Eight Hundred and Eighty-three.
Witness ourself at Honolulu, this 22nd day of
August, A. D. 1S82, and in the ninth year of Our
Reign.
KALAKAUA REX.
By the King,
The Minister of Interior.
JOHN E. M'SH. au26 8l.
HUg2G 3t
KALAKAUA REX.
AN ACT
To Amend .Sections 42S ami 429 of the
Civil Code, "of the Naturalization of
Foreigners."
Be it enacted by the King and the
Legislative Assembly of the Hawaiian
Islands in the Legislature of the Kingdom
assembled :
Section 1. That Sections 428 and 429 of
the Civil Code be anil the ame are hereby
amended so as to read as follows :
"Section 428. The Minister of the In
terior, wit'i the approval of the King, shall
have the superintendence and direction of
the naturalization of foreigners.
"Section 429. The aaid Minister, with
the approval of the King, shall have the
power in person, upon appWuuliuu of any
alien foreigner who shall have lesided
within the Kingdom five years or more
next preceding such application, stating
his intention to become a permanent resi
dent of the Kingdom, to administer the
oath of allegiance to such foreigner if
satisfied that it would be for the good of
the Kingdom ; and lhat such foreigner
owns without encumbrance taxable real
estate within the Kingdom, and is not of
immoral character, nor a refugee from the
justice of some other country, nor a desert
ing sailor, marine, soldier, or officer."
Section 2. This Act shall become a law
from and after the date of its approval, and
all laws and parts of laws in contravention
herewith are hereby repealed.
Approved this 27th day of July. A D
1SS2. (augl2 3tf KALAKAUA REX. '
The attention of employers of contracted labor
er in the Kiugdom is respectfully called to the
following :
"AN ACT
' To Pbovidk fob the Samtakt Condition or
Dwelling Hocheh.
"Whereas, on account of the over-crowding of
person in certain localitiew, it is exiedient to
provide for the sanitary condition of dwelling
houen and their surroundings, therefore,
' Be it Enacted by the King and the Legialative
Assembly of the Hawaiian Island in the Legis
lature of the Kingdom assembled :
"Section 1. Every lion or tenement used or
occupied a a dwelling for lodger or contract la
borer shall 1e kept by it owner in good repair,
with the roof water-tight, and ahall have the ca
pacity of not less than three hundred cubic feet of
space for each adult, or nine hundred cubic feet for
one man and woman and two children.
"Section 2. The yard and grounds about all
dwelling shall bo well drained and kept free from
rubbish of every descriptions it h a closet or privy,
also to be kept in repair by the lodging-house keeper
or employer of laborers, for every six adults.
" Section 3. Every owner or keeper and every
other person having the care or management of a
lodging-house or of a dwelling for contract laltor
era, shall at all time when required by the Board
of Health or it agent give free access to such
house or any part thereof.
" Section 4. Every lodfdng-houso kejer or em
ployer of laborer who shell fail to comply with
the provision of this Act shall pay a fine not ex
ceeding fifty dollars.
"Section 5. Every person who shall keep hi
dwelling in so filthy a state a to be a nuisance or
injurious to health, or who shall refus or neglect
to renrove any nuisance or substance he may hate
caused or placed in the vicinity of the dwelling he
occupies or any other dwelling, or shall commit any
nuisanco in any stream or thoroughfare, shall on
conviction pay a fine not exceeding three dollars, or
be imprisoned at hard labor for any term not ex
ceeding thirty days.
"Section C. Thi Act shall take effect ninety
days after it passage.
" Approved on the 8th day of August. A. D. 180.
Kalakata Rex."
JOHN E. BUSH.
President Board Immigration..
Department of Interior,
Bureau of Immigration,
Honolulu, August 17th, !Hf 2.
Postal Notice.
enl9 i
I
From and after thi date, Xeuwpapm and iiy
istered Letter, must be posted One hour previous
to the advertised time of Closing Mails, to iitmre
forwarding.
JOHN M. KAPENA.i
General Post-office, Postmaster-General.
Honolulu, August 2Cth, 182. au2ff vAt.
Wooden Building at Auction. x
On WEDNESDAY. August 30th. instant, at tho
front entrance of Aliiolani Hale, will 1 SOLD at
Public Auction, the FRAME BUILDING erected
at Kamoiliili by the Board of Health in April,
1881, for hospital purposes, but which lias never
been in use.
Terms, cash. Upset price, S200.
JNO. E. BUSH. Minister of Interior.
Interior Office, August 25, 1882, ang2-lt
Sale of Lease of Government Land
On WEDNEHI1AY. September 13th proa., at tbe front
entrance of Allolinl H.le, at 12 oW-lork noon, wilt be
SOLD at Public Auctloa the Lease of a Lot la front of
the CUSTOM HOUSE, on the ESPLANADE. HONO
LULU, running 20 fet frontage on Kort-strcet, and 100
feet in depth ; with this condition s
The LESSEE to erect within one year from date of
lease a substantial flr.proof brick or stone building,
costing not less thsn $15,000 which be is to keep In repair,
and rerert to the Ooveruro.tit at the expiration of the
lesne.
TEKMtf : Lease, 25 years ; upset price. IHOO per annum,
payable semi-annually in advance.
J. E. BUSH, Minister of Interior.
Lepirtment of Interior, Honolulu,
10th August, 1882. ,ugl j 6
His Excellency, the President of the United
State of America, Our Great and Good Friend, has
accredited unto Us, to reside near our Court, ' His
Excellency Rollin M. Daggett, in c haracter of Min
ister Resident of the United State of America at
Honolulu. And we require all our subjects, and
all Departments of our Government to pay high
consideration to his person, hi property, and hfs
retainer, and to give full faith and attach full
credit to all his official acts a such Minister
Resident.
Done at our Palace of Iolani i ti,e city of llvuo.
lulu, this twenty-first dar of August A D
1882. '
Rv n K- KALAKAUA REX.
Hy the King,
Waltkb Mi-rrav Oibhon,
Minister of Foreign Affairs dltw2tAug22.
Department or Interior,
BritEAu or Immigration,
HoNOLVLr, August 2'ith, 1882.
The Board of Immigration will receive Appliea
tions from parties desirous of engaging Portuguese
Labor, on the same term us ir agreements made
NovemU r 18th. and December 7th, 181 ; the same
tol filled after the completion of the NovemUr
Applications, with thi exception, that the pa,,
sage charge for adults shall not exc.-ed $100.
JOHN E. BUSH,
au2C 3t- President Board of Immigration.
It has pleased Hig Majesty the King to appoint
Hi Excellency John E. BrsH a member of the
Board of Health, vice Hon. J. 8. Walker, realrn.d
Iolani Palace, Honolulu, August 22, 1882.
tu26 St
' y
r
t
t
V !
s
r '
:
-A
4
ft
"
ft'
!
i.
!
-
J
t

xml | txt