The Pacific commercial advertiser. [volume], May 21, 1898, Page 5, Image 5

About The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921

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THE PACIFIC COMMERCIAL ADVERTISER: HONOLULU, MAY 21, 1S9S.
ACT 32.
An Act to Amrxd Sections 0:W, 0:IL ani C.,0 or Tin: Civil
Coin: Relating to tiii: Registry or Vessels.
Be it enacted bif the Legislat arc of the Republic of Hawaii:
Section 1. Section O.'JH of tin Civil Code is hereby amend
ed so as to read as follows:
''Section O.JO. Xo vessel shall Ik entitled to be registered
as a vessel of the Republic of Hawaii or to be deemed an Ha
waiian vessel or entitled to the privileges appertaining thereto
unless said vessel shall be whollv owned bv a citizen or citi
zens of the Rei)ublic or by an Hawaiian Corporation having
had an office or place of business and carried on such busi
ness within the Republic for the two years immediately pre
ceding such application for registry of such vessel."
Section 2. Sect Ton 0.,l of the Civil Code is hereby amend
ed so as to read as follows:
"Section Col. Upon a written application being made to
the Collccjor-Gcneral of Customs, pursuant to the terms of
the last preceding Section, which shall include the oath of the
owner of the vessel sought to be registered, setting forth the
name and description of the vessel, whether the same is do
mestic or foreign built, and if foreign built how acquired; that
the afliant is a citizen of the Republic, and that there is no
citizen or subject of any foreign Prince or State directly or in
directly by way of trust, confidence or otherwise interested
in such vessel or in the profits or issues thereof. And in case
the vessel is owned by an JTawaiian Corporation the oath of
the President, Secretary or Treasurer, thereof, setting forth
the same facts as in the case of a single owner, and that no
citizens or subjects of any foreign Prince or State except
those who may be owners of such Capital Stock are directly
or indirectlv bv wav of trust, confidence or otherwise interest
ed in such vessel or in the profits or issues thereof.
The Collector-General of Customs shall cause such vessel
to be measured and her tonnage ascertained according to the
mode hereinafter prescribed. Said application in case the
vessel is foreign built shall be accompanied by the evidences
of title. And the Collector-General shall not accept the evi
dence of title of any ship or vessel until the stamp duty there
on shall have been paid."
Section V. Section 030 of the Civil Code is herein amend
ed so as to read as follows:
"Section O.0. Upon the registration of any vessel, as pro
vided in the last preceding Section, said Collector-General
shall exact from the party applying for such registry, a bond
with good and sufficient surety, to be approved by the Collector-General,
in the penal sum of not less than Two Hundred
Dollars, nor more than Two Thousand Dollars, as shall be
graduated, by the Collector-General in proportion to the ton
nage 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 disposed of, .
to any person whomsoever; and that in case said vessel shall
become either wholly or in part, the property of any alien
foreigner or'foreigners, or if the subject or citizen of any for
eign Prince or State shall become directly or indirectly by
way of trust, confidence or otherwise interested in such vessel
or the profits or issues therof, except as limited bv Section 031
in respect to corporations, then said vessel shall cease to be a
Hawaiian vessel or in case she shall be lost, 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, burning
or breaking up. Provided, however, that in case of capture,
burning or loss, the obligors in such bond shall be exonerated
from liability thereon, upon satisfactory proof to the Collector-General
that such certificate of registry could not be pre
served." Section 4. This Act shall not affect the register of any
vessel heretofore admitted to Hawaiian registry.
Section o. This Act shall take effect from and after the
date of its publication.
Approved this 10th day of May, A. 1). 1S98.
SAXFORD B. DOLE,
President of the Republic of Hawaii.
ACT 33.
An Act Authorizing the Issuing or Licenses to Erect.
Maintain and Operate Steam Laundries in the Dis
trict of Kona, Island or Oaiiu.
Be it enacted by the Legislature of the Republic of Hawaii:
Section 1. The Minister of Interior with the approval of
the Executive Council may issue to any person, partnership
or corporation a License to erect, maintain and operate a
Steam Laundry within the District of Kona, Island of Oahu,
upon such conditions as to location and otherwise as shall
be set forth in the License.
Section L Said License shall not be issued except upon
the Certificate of the Board of Health, setting forth that an
agent of said Board has examined the location at which it is
proposed to operate said Steam Laundry, and that the same
is suitable for the purpose.
Section 3. The annual fee for said license shall be Fifty
Dollars.
Section 4. Said Steam Laundries shall be subject to such
regulations as to sanitation as may be prescribed from time to
time by the Board of Health.
Section f. This Act shall take effect from the date of
publication.
Approved this 10th day of May, A. D. 1S9S.
SAXFORD B. DOLE,
President of the Republic of Hawaii.
ACT 34.
An Act to Provide Against the Adulteration or Food
and Drugs.
Be it enacted b the Legislature of the Republic of Hawaii:
Section 1. That no person shall, within the Republic of
Hawaii, manufacture, offer for sale, or sell any drug or arti
cle of food which is adulterated, within the meaning of this
Act.
Section 2. The term "drug," as used in this Act, shall
include all drugs, medicines or medicinal preparations for in
ternal or external use, antiseptics, antiseptic dressings, disin
fectants and cosmetics. The term "food," as used herein, shall
include all articles used for food or drink by man, whether
simple, mixed or compound.
Section 3. An article shall be deemed to be adulterated
within the meaning of this Act:
(a) In the case of drugs:
(1) If, when sold under or by a name recognized in the
United States Pharmacopoeia, it differs from the standard of
strength, quality or purity laid down therein; (2) If, when
sold under or by a name not recognized in the United States
Pharmacopoeia, but which is found in some other Pharmaco
poeia, or other standard work on materia mcdiea, it differs
materially from the standard or strength, quality or purity
laid down in such work; (3) If its strength, quality or purity
falls below the professed standard under which it is sold;
(4) If it contain any .substance inimical or dangerous to life
without the same being duly stated on the label or wrapper.
(b) In the case of food:
(1) If any substance or substances have been mixed with
it, so as to lower or depreciate, or injuriously affect its quality,
strength or purity; (2) If any inferior or cheaper substance
or substances have been substituted, wholly or in part, for it;
(3) If any valuable or necessary constituent or ingredient
has been wholly or in part abstracted from it; (4) If it is
an imitation of, or is sold under the name of another article;
(") If it consists, wholly or in part, of a diseased, decomposed,
putrid, infected, tainted or rotten animal or vegetable sub
stance or article, whether manufactured or not Or, in the
case of milk, if it is the produce of a diseased animal; (0) If
it is colored, coated, polished or powdered, whereby damage
or inferioritv is concealed, or if bv anv means, it is made to
appear better or of greater value than it really is; (7) If it
contains any added substance or ingredient which is poisonous
or injurious to health, or any deleterious substance not a neces
sary ingredient in its manufacture: Provided that the provi
sions of this Act shall not apply to mixtures or compounds
recognized as ordinary articles of food, if the same be distinct
ly labeled as mixtures or compounds, and are not injurious to
health,and contain no ingredient not necessary to the prepara
tion of a genuine article of such mixtures or compounds, and
from which no necessary ingredient in its preparation is elimi
nated. Section 4. Every person manufacturing, offering or ex
posing for sale.or delivering to a purchaser, any drug or arti
cle of food, included in the provisioons of this Act, shall fur
nish to the duly appointed Food Commissioner, upon demand,
either personal or in writing, a sample sufficient for the analy
sis of any such drug or article of food which is in his pos
session. Section 5. Whoever refuses to comply, upon demand, with
the requirements of Section 4, and whoever violates any of
the provisions of this Act, shall be guilty of a misdemeanor,
and, upon conviction, shall be fined not exceeding one hun
dred, nor less than twenty-live dollars, or imprisoned at hard
labor not exceeding one hundred nor less than thirty days, or
both. And any person found guilty under the provisions of
this Act, of manufacturing, offering for sale or selling an
adulterated article of food, or drug, shall be adjudged to pay.
in addition to the penalties hereinbefore provided for, all the
necessary expenses incurred in inspecting and analyzing such
adulterated articles, of which said person may have ben found
i
guilty of manufacturing, selling or offering for sale.
i
Section 0. To carry out the provisions of this Act, the
Hoard of Health shall appoint a duly qualified Food Commis
sioner and analvst. who shall receive such a salarv as the
Legislature shall from time to time appropriate and who shall
furnish good and sufficient bonds of not less than Two Thou
sand Dollars, ($2,000.00) for the proper and unprejudiced per
formance of his duties and who shall be provided by the
Board of Health with the necessary chemical and micro
chemical apparatus, together with a proper olVice and labora
tory for work'.
Section 7. It shall be the duty of the Food Commissioner
to carefully inquire into the quality of the several articles,
which are foods or the necessary constituents of foods, manu
factured or for sale, or sold or exposed for sale within the
Republic of Hawaii, and he may in a lawful manner procure
samples thereof, subject the same to careful examination and
report the result of such analysis of all or any of such food
and drink products, or dairy products, as are adulterated,
impure or unwholesome, in contravention of the laws of the
Republic of Hawaii, to the Board of Health, and it shall be
the duty of the Food Commissioner, with the consent of said
Board of Health, to make complaint, with the necessary evi
dence, through the proper authorties against such manu
facturer or vendor.
Section 8. The Food Commissioner, with the consent and
sanction of the Board of Health, shall have power in the per
formance of his duties, to enter into anv creamery, factory,
store, salesroom, storageroom, drug store or laboratory, or
any place where he has reason to believe food or drink are
made, prepared, sold or offered for sale, and to open any cask,
tub, jar, tin, bottle, case or package containing or supposed
to contain any article of food or drink and examine or cause
to be examined the contents thereof, and take therefrom sam
ples for analysis.
Section 9. The Food Commissioner shall make a monthly
report in writing to the President of the Board of Health
containing the results of inspection and analysis in detail;
and upon the request of the said Board he shall furnish for
publication a popular explanation of the same covering any
month or period, together with any such other information,
as may come to him in his official capacity relating to the
adulteration of drugs and food and drink products, so far as
the same may be deemed by said Board of Health to be of
benefit and advantage to the public.
Section 10. The Food Commissioner shall investigate
complaints on the information of any person, who shall lay
before him satisfactory evidence of the same.
Section 11. Jurisdiction is hereby conferred upon all Dis
trict Magistrates to hear and determine all cases arising
under this Act.
Section 12. This Act shall take effect ami be in force
from and after its publication.
Approved this 10 th day of May, A. D. 1S9S.
SAXFORD B. DOLE,
President of the Republic of Hawaii.
ACT 35.
An Act to Prohibit the Importation, Sale, Giving or Fur
nishing or Foreign Goods, Wares or Merchandise
Stamped, Marked, Branded, Wrapped or Boxed in
Such Manner as to 'Induce Any Person to Believe
That the Same Were Grown, Produced or Manufac
tured in Whole or in Part in the Republic or Hawaii.
Be it enacted by the Legislature of the Republic of Hawaii:
Section 1. The importation into the Republic of Hawaii
of any foreign goods, wares or merchandise, stamped, marked,
branded, wrapped or boxed in such manner as to induce any
person to believe that such goods, wares or merchandise were
grown, produced or manufactured in whole or in part in the
Republic of Hawaii, is hereby strictly prohibited; and who
ever shall import, sell, give or furnish or cause to be imported,
sold, given or furnished any foreign goods, wares or mer
chandise, stamped, marked, branded, wrapped or boxed in
such manner as to induce any person to believe that such
goods, wares or merchandise were grown, produced or manu
factured in whole or in part in the Republic of Hawaii, shall
be deemed guilty of a misdemeanor and upon conviction shall
be lined in a sum not more than Five Hundred Dollars, or