H-/AIIAN LAV/S, 1853 THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LAWS OF HIS MAJESTY K t AMEHAMEHA III., KING OF THE HAWAIIAN ISLANDS, PASSED BY THE NOBLES AND REPRESENTATIVES AT THEIR SESSION HONOLULU: PRINTED BY ORDER OF THE GOVERNMENT. 1853. SESSION LAWS, 1853. AN ACT RELATING TO THE JUDICIARY DEPARTMENT. Approved May ZGth, 1853. BE IT EXACTED by the King, the Premier and Nobles, resident near His J "' *{) ftpaxiil. "h>i*iv.) Oil) 'JO , J'Ml\>- -) !>>'"'. .<> . ' SECTION 1. The Supreme Court, from and after the first Monday of December, in the year of our Lord one thousand eight hundred and fifty-two, shall consist of a Chief Justice and two Associate Justices, any of whom may hold the Court. The Justices of the Supreme Court shall hold their offices during good behavior, sub- ject to removal on impeachment; and shall receive for their services a compensation, which shall not be diminished during their continu- ance in office. SECTION 2. Said Supreme Court shall have jurisdiction in all cases in law or equity, in all cases affecting Ambassadors, other Public Ministers and Consuls, and in all admiralty and maritime cases, whether the same be brought before it by original writ, by appeal or otherwise. It shall also have all the powers, and exercise all the jurisdiction belonging to either the Supreme or Superior Court, as at present constituted, in all cases, legal or equitable, civil or criminal- SECTION 3. All cases, matters or controversies, of whatever nature, which may be pending in the Superior Court, or the Supreme Court, as at present constituted, on the first Monday of December, in the year of our Lord one thousand eight hundred and fifty-two, shall be immediately transferred to the Supreme Court, provided for in this Act, and be therein determined. 686640 4 JUDICIARY DEPARTMENT. SESS. SECTION 4. The Chief Justice of the Supreme Court shall be the Chancellor of the Kingdom, and shall have power at Chambers to decree the foreclosure of mortgages, to grant divorces, to issue pro- cess in, and to hear and determine all probate matters, and all cases in bankruptcy, admiralty or equity, subject however, to an appeal to the full Court. Moreover, the Chief Justice and two Associate Justices of the Supreme Court shall respectively have all the powers at Chambers conferred by present laws upon the Chief Justice and Associate Justice of the Superior Court. SECTION 5. The Supreme Court shall have the general superin- tendence of all courts of inferior jurisdiction, to prevent and correct errors and abuses therein, where no other remedy is expressly pro- vided by law. SECTION 6. Said Court, or the Chief Justice thereof at Chambers, shall have the power to issue writs of error, certiorari, mandamus, prohibition and quo warranto, and all other writs and processes, to courts of inferior jurisdiction, to corporations and individuals, that shall be necessary to the furtherance of justice and the regular execu- tion of the laws. SECTION 7. Said 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 or proper to carry into full effect, all the powers, which are or may be given to it by the Constitution and laws of the Kingdom. SECTION 8. It shall have power from time to time, to make rules for regulating the practice and conducting the business of the Court, in all cases not expressly provided by law; and thereafter to revise said rules so often as it may be found wise and necessary to simplify said practice and remedy any abuses or imperfections that may be found to exist therein. SECTION 9. When any question of law shall arise in any trial or other proceeding, either of a civil or criminal nature, at law or in equity, before the said Court, when held by one Justice, he may reserve the same for the consideration of the full Court, and shall report 1853. JUDICIARY DEPARTMENT. 5 the case, or so much thereof as may be necessary for a full under- standing of the question, to his associates. SECTION 10. Any case may be reserved in like manner, upon the motion of either party, for a new trial, on account of any opinion, direction or order of the Justice in any matter of law. SECTION 11. If any party shall think himself aggrieved by any such opinion, direction or order of the Court, 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 comformable to truth, shall be allowed and signed by the Justice. SECTION 12. 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 held, to be frivolous, immaterial, or intended for delay, the judgment shall be entered, and execution awarded or stayed, on such terms as the Court shall deem reasonable, notwithstanding the allowance of the exceptions. SECTION 13. 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 which they may deem proper. SECTION 14. When judgment shall have been rendered in any case, in which exceptions have been allowed, the judgment may be vacated by full Court, without any writ of error, in like manner, as if it had been entered by mistake, and order such further proceedings in the case as to law and justice shall appertain. SECTION 15. No trial by Jury shall be prevented or delayed by the 6 JUDICIARY DEPARTMENT. SESS. filing or allowance of such exceptions, but the verdict shall be received and such further proceedings shall be held in the case as the Court may order, in pursuance of the foregoing provisions. SECTION 16. There shall be four several terms of the Supreme Court held in each year, commencing as follows, viz: 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 said Court. The Court may, however, hold special terms at other times, whenever it shall deem it essential to the pro- motion of justice. SECTION 17. The four regular terms shall be held at the Court House in the city of Honolulu. Provided always, that the King may, in case he shall deem it requisite, 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 con- tinued and held for the period of four weeks from the commencement thereof. ,,.. SECTION 18. When neither of the Justices of the Court is present at the time and place for holding a Court, it shall be the duty of the Clerk of said Court to adjourn the same from day to day, until one of the Justices shall attend, or until an order in writing shall be received from one of them respecting such adjournment. SECTION 19. 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 performed, during such absence, sickness or vacancy, by the Senior Justice, or such other Justice as the King may appoint for the time. SECTION 20. The Chief Justice of the Supreme Court shall receive an annual salary of five thousand dollars, and each of the Associate Justices shall receive an annual salary of two thousand dollars, and the said salaries shall be paid in monthly payments, out of the Treasury of the Kingdom. OF THE CLERK OF THE SUPREME COURT. SECTION 21. The Clerk of the Supreme Court shall be appointed IO-'> ~ 18oJ. JUDICIARY DEPARTMENT. / by the Justices thereof, and hold his office during their pleasure. He shall have charge of the seals of the Court, which shall be impressed on all process of said Court. 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 deposition 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, and all other powers and duties in relation to the drawing of jurors, and in all other matters which pertain to the office of the Clerk of the Superior Court, and are necessary to the proper transaction of the business of the Supreme Court. SECTION 22. He shall be sworn to the faithful discharge of all the duties of his office, by one of the Justices of the Supreme Court; and before entering on the performance of such duties, shall give a bond to the Minister of Finance, to be approved by the Chief Justice, in the sum of one thousand dollars, with one or more sufficient sureties, conditioned for the faithful discharge of all his official duties. SECTION 23. He shall attend and record the proceedings of the Court, and have the care and custody of all the records, books and papers, appertaining to his office, and filed or deposited therein. SECTION 24. In equity, admiralty or maritime cases, and in all matters heard before any Justice at Chambers, the^ Clerk shall record at length such part only of the proceedings as shall be directed by the Court, either by general rules or by a special order of one of the Justices in any particular case. SECTION 25. He shall keep in every book of records an alphabeti- cal list of all the names of all parties to any suit or judgment therein recorded, with a reference to the page where it is recorded; and when 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. SECTION 26. The Justices of the Court shall inspect the doings of the Clerk, from time to time, and see that the records are made up 8 JUDICIARY DEPARTMENT. SfiSS. seasonably, and kept in good order; and if the records are left in- complete for more than twelve months at any one time, such neglect, unless caused by sickness or other good reason, shall be adjudged a forfeiture of the Clerk's bond. SECTION 27. The Clerk shall exhibit the records of his office at every January term to the Justices, and at such other times as the same may be required by any Justice, so that the Court may have notice of any errors or defects in the keeping of the records, and may cause the same to be corrected. SECTION 28. In case of the death of the Clerk or his absence from any Court which he is required to attend, the Court shall appoint a Clerk pro tempore, to act as Clerk of the Court, until the standing Clerk shall resume the discharge of his duties, or until another shall be appointed by the Court. SECTION 29. Such temporary Clerk shall be sworn to the faithful discharge of his duties; and he shall receive for his services such compensation as the Court shall think proper, to be paid either from the appropriation for the standing Clerk or from the Public Treasury, as the Court may direct. SECTION 30. All Clerks of Courts shall keep exact accounts of all costs and fees received by them in their respective offices; and they shall render quarterly accounts of the same to the Minister of Finance. SECTION 31. The Clerk of the Supreme Court shall receive an annual salary of fifteen hundred dollars, which shall be paid in monthly payments out of the Treasury of the Kingdom. OF THE CIRCUIT COURTS. SECTION 32. The Kingdom shall continue to be divided into four Judicial Districts or Circuits, as at present constituted, that is to say: The first district shall consist of the island of Oahu, whose seat of justice shall be at Honolulu: The second district shall consist of the islands of Maui, Molokai, Lanai and Kahoolawe, whose seat of justice shall be at Lahaina, on the island of Maui: 1853. JUDICIARY DEPARTMENT. 9 The third district shall consist of the island of Hawaii, whose seat of justice shall be at Hilo: The fourth district shall consist of the islands of Kauai and Niihau, whose seat of justice shall be at Nawiliwili, on the island Kauai. SECTION 33. The terms of the Circuit Courts shall be held at the times and places at present appointed by law; and the proceedings therein shall continue to be those already precribed. SECTION 34. The several Circuit Courts shall continue to have all the powers and exercise the jurisdiction which belong to the Circuit Courts at the present time, together with all additions or limitations that may be created or imposed by the Constitution and laws of the Kingdom. SECTION 35. The Circuit Judges shall have power in their respec- tive districts to try all appeals made to them by any party from the decision of any District or Police Justice within their jurisdiction; and shall possess all the powers and exercise all the jurisdiction that now belong to the Local Circuit Judges at Chambers or in banco. SECTION 36. It shall be the 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 Courts, shall be paid from the annual appropriation for the expenses of said Courts. SECTION 37. 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 Circuit 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. SECTION 38. All persons bound to appear at any Circuit Court, which shall have failed, as mentioned in the last section, shall be bound to appear at the next term of said Court. SECTION 39. The Clerks of the several Circuit Courts shall be appointed by the Justices of the Supreme Court, and hold their offices during their pleasure. They shall severally have the charge of the 10 JUDICIARY DEPARTMENT. SfiSS. seals of their respective Courts, and shall have power to issue all writs and processes required by the practice of their respective Courts. SECTION 40. 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 records, books and papers, appertain- ing to their respective offices, and filed and deposited therein. SECTION 41. The Clerks of the several Circuit Courts shall each be sworn to the faithful discharge of their duties, and give a bond to the Minister of Finance, to be approved by the Chief Justice of the Supreme Court, in the sum of five hundred dollars, with one or more sufficient sureties, conditioned for the faithful discharge of his official duties. SECTION 42. 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 to the Minister of Finance. SECTION 43. In keeping their records, they shall be governed by the rules prescribed in this Act for the Clerk of the Supreme Court. SECTION 44. The present Clerks of the Circuit Courts shall con- tinue in office until others are appointed in their stead. SECTION 45. The seals of the several Circuit Courts shall be those already devised and now in use by said Courts. SECTION 46. Each Circuit Judge, when there is only one in a Circuit, shall receive an annual salary of fifteen hundred dollars, and shall make a regular tour of his Circuit at least twice every year for the trial of appeals at Chambers; 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 monthly payments out of the Treasury of the Kingdom. OF THE POLICE AND DISTRICT JUSTICES' COURTS. SECTION 47. The Police and District Justices Courts shall con- tinue as at present constituted, and shall have all the powers they now possess, and be subject to all the duties and obligations now resting upon them, with all additions and limitations imposed by the Constitution. 1853. JUDICIAL DEPARTMENT. 11 APPEALS. SECTION 48. All appeals from any decision of the Beard of Com- missioners to Quiet Land Titles, and all appeals from any Circuit, Police or District Justices Court that may now be taken to either the Supreme or Superior Court under existing laws, shall hereafter lie and be taken to the Supreme Court provided for in this Act, subject to the rules prescribed therefor in the present Statutes. Provided always, that no appeal shall be taken from any Circuit Court to the Supreme Court, unless on questions of law. SECTION 49. In all cases of appeal from any decision of the Board of Commissioners to Quiet Land Titles, on any question of fact, the parties shall be entitled to have the same tried by a jury, chosen as in other cases tried before the Court. Provided always, that when- ever a jury shall fail to agree on a verdict on any such appeal on the first trial, the decision of the Board of Commissioners shall be con- firmed unless the Court shall be unanimously of the opinion that a new trial should be granted. When a new trial shall be granted and a verdict is not agreed upon by the second jury, there shall be no further trial, and the decision of the Board of Commissioners shall stand confirmed. SECTION 50. In the trial of any appeal from the Board of Commis- sioners to Quiet Land Titles, all the evidence taken before said Board shall be read to the Court and jury, and either party may submit such additional evidence to the Court and jury as may be legal and proper. OF THE TRIAL BY JURY. SECTION 51. All the provisions of existing Statutes in reference to jurors and the trial by jury shall continue in force and be applicable to the Supreme and Circuit Courts provided for in this Act, not only as to the selection and drawing of jurors, but in every other respect. GENERAL PROVISIONS. SECTION 52. The Minister of Finance is hereby authorized to pay all salaries and expenses provided for in this Act, out of the Treasury of the Kingdom, and the same are hereby appropriated. The appro- priations now made for the salaries of the Justices and Clerk of the Superior Court shall cease from the day of the appointment of the 12 JUCICIAL DEPARTMENT. SESS. Justices and Clerk of the Supreme Court provided for in this Act, but the appropriations for the present Judges of the Supreme Court, viz: one hundred dollars each, shall continue and be paid until the expiration of their year. SECTION 63. All the balance of appropriation for expenses of the Superior Court shall be drawn for by the Clerk of the Supreme Court and appropriated to the expenses of the Supreme Court pro- vided for in this Act; and all appropriations for the expenses of the Circuit Court for the first judicial district, and stationery, shall be drawn by the Clerk of the Supreme Court and be by him disbursed. SECTION 54. This Act shall take effect from and after the first Monday of December, eighteen hundred and fifty-two, and continue in force until approved or annulled by the Legislature. Done at the Palace, this third day of December, A. D. 1852. 1853. RELATING TO PASSPORTS. 13 AN ACT TO AMEND AN ACT ENTITLED AN ACT TO AMEND THE LAW RELATIVE TO PASSPORTS," PASSED ON THE 24th JUNE, 1852. Approved May 3fith, 1853. BE IT ENACTED, by the King, the Premier and Chiefs, resident near His Majesty: That the following be added to the 3d section of the said act, viz: Provided always, that in all cases in which any Collector of Customs shall have refused and withheld a passport from any person on the ground of an alleged indebtedness to, or implication in any pending suit with any private person or persons, it shall be lawful for such Collector of Customs, upon the filing with him or his deputy of a sufficient bond with sureties in a sufficient amount at his discretion, by the party, from whom such passport shall be withheld, conditioned to abide the result of any suit or trial, and to pay the amount of any judgments rendered against him at suit of the party or parties at whose instance such passport shall have been withheld, to issue such passport to such party requiring the same. This Act shall take effect on the day of its passage. Done and passed at the Palace, in Honolulu, this third day of December, A. D. 1852. 10! aamau'-t 'i<> ; -i,| m .-) -oiinoo fwU-lo )><> biaq ad \.i idsjii Lni; j--i?; Jjiiiij -futn / 79J/ii'fuijiq ii> b ;bwlqqa i*d o) i !; : HIJJ rir>iri* <.j i-v^tjo s !ifC"s X^^J "' iw'J ''< ii'? hue f){'M'Ujit)uc '^rf'i-pjii *i 'Mi/!ni1'Jo T<>:inil4 Jr'-aii LJIB fau'i 158 f.in0o'>r>A .1??.*;! .(I .A ..T>av 7b InidJ hi,!) .'^JO[K^ jjiU JB l<)%?.r> Jrt rn->b I lo bftfi tol ,ioii' 20 ERECTION OF JAILS. SfiSS. TO cniii'31o o-ujJofiijmfim 10 ihwyig orfi Ion oie oxihrtmfoiom.io e^-uw .'ioifod bne agbolv.'onrf guHo iaod nrft o) ,^'>n.:[-.I uiiqiliirf*! oiU 7.1* "to noiJ.miqro orif lr. iooiio o;-fnt Ifmta JiA suiT .t xosroaS .J> iiii.i'i - AN ACT TO CONSTITUTE A BOARD OF COMMISSIONERS TO ERECT JAILS ON THE ISLAND OF OAHU. Approved May 26f/i, 1853. BE IT ENACTED, by the King, the Nobles and the Representatives of the Hawaiian Islands, in Legislative Council assembled: SECTION 1. The Minister of the Interior, with the consent of the King in Privy Council, shall appoint three Commissioners to erect Jails or Prisons on the Island of Oahu, who shall serve without pay. SECTION 2. The Minister of the Interior, with the consent of the King and Privy Council, as above, shall fill up all vacancies that may occur, by death, resignation or otherwise. SECTION 3. The Commissioners shall select and procure suitable sites for two jails, the one for male convicts, . the other for female convicts, to be situated on the Island of Oahu, and not less than one mile apart, and they shall cause to be erected thereon, with as little delay as possible, such buildings and enclosures, as they shall deem necessary for the safe keeping, correction and employment of the convicts. SECTION 4. The Commissioners shall, if they deem it necessary, cause to be erected, in some central spot in the town of Honolulu, a lockup for the temporary detention of deserters from ships, and of parties awaiting examination before any of the courts. SECTION 5. The Commissioners, or any. two of them, are author- ized, in the performance of the duties prescribed in the 2d, 3d and 4th sections of this act, in the name of the Minister of the Interior, for the Government, to purchase the real estate necessary for the jai 1 sites, to advertise for plans, specifications and proposals, and to make contracts for the supply of materials and labor for the execution of the whole, or any part of the work. 1853. ERECTION OF JAILS. 21 SECTION 6. The Commissioners, or any two of them are further authorized to draw upon the Minister of the Interior for any sums that are necessary to the performance of the duties imposed upon them by this Act; provided, that the aggregate 'of these sums do not exceed the amount which may have been appropriated by the Legisla- ature for the erection of jails on the Island of Oahu. SECTION 7. The Commissioners shall on or before the 31st of December in each year, present to the Minister of the Interior, a report of their proceedings, with a full account of their receipts and expenditures. r .vWv.u V, ,,^r,'3 ti\\T.Vv/.\ ii fcYuu>U\ ft-'.V...-"^ SECTION 8. So much of sections 1st and 2d of the "Act relating to Prisons, their Government and Discipline," approved 4th August, 1851, as relates to the erection of Jails on the Island of Oahu, is , , , , r jmiouboiq no ,}nBTi;rw r, inoniiv/ t w>hvr.' . 'ai\ hereby repealed. ; ;. :, >Uaif:intoD irorft .rfo'ijcoa-oi riaiw '(fiiii losseov oili io SECTION 9. This Act shall take effect from and after the date of iYOICJ JID'llll'J OD11O its passage. r ) t -i'.n: lo f-.ioKHO? ot v'riqii ot ?, e D9DttRno3 os oo iifiru t 80}t2 ugioio'l 'io ?.fj"Iiftifnns gnibaiJimnoo e'dT osh oJ gaiboao/.o ionlo oiu- i? oi bnr> mo-s'i Jyo*B9 O^'BJ Ueria JD/J c-.iiiT .f: /. 22 SEARCHING SHIPS. SESS. o-Tfl Ktatb lo o-tfi vnr to t Ri9soisiimm>1 a^T .& ynn 10} toifohiJ !',* fo latehriM srit noquwatffol ion ob afiuj !>'>:lf 'JG'< r>iit Jb-dl .I^hr/o-j-; >/. e; -Bii-.i'JvI 3*1) /'I rjii!rfO'i (i-oJ 'jVi-ii viis!' ii - M(!iV JnitouiiS . .. . AN ACT RELATING TO THE SEARCHING OF SHIPS FOP. DESERTERS. Approved May mh, 1853. BE IT ENACTED, by the King, the Nobles and the Representatives of the Hawaiian Islands, in Legislative Council assembled: SECTION 1. It shall be lawful for any Marshal, Sheriff or other Police Officer to search foreign vessels in any port of this Kingdom, for deserters, without a warrant, on producing to the commanding officer of the vessel they wish to search, their commission or appoint- ment as Police Officer; provided, that nothing in this section shall be so construed, as to apply to vessels of war, or other vessels commanded by officers bearing the Commissions of Foreign States, and not subject to search by the law and usage of nations. SECTION 2. The commanding officer of any vessel, who shall refuse such Police Officer access to the vessel, or to any part of the same, after producing his commission or appointment, shall be subject to a fine of not exceeding twenty-five dollars. SECTION 3. This act shall take effect from and after the day of its passage. 1853. RELATING TO MUTINY. 23 AN ACT RELATING TO MUTINY AND SEDITION ON BOARD OF FOREIGN VESSELS WHILST IN ANY PORT OF THE HAWAIIAN ISLANDS. Approved May 26tfi, 1853. WHEREAS, acts of mutiny on board foreign vessels visiting the ports of the Hawaiian Islands frequently occur, and whereas, the existing laws make no provision for the arrest of such mutineers and their detention : Therefore :Sm'!!v, .n.niios. )'.) , \\ BE IT ENACTED, by the King, the Nobles and the Representatives of the Hawaiian Islands, in Legislative Council assembled: SECTION 1. Upon written application made to the Marshal, any of his Sheriffs or their Deputies, by any Foreign Consul, Vice Consul or Commercial Agent, residing in this Kingdom, requesting the arrest of any mutinous person or persons on board of any vessel of their nation, being within the jurisdiction of this Kingdom, it shall be lawful for such Marshal, Sheriff or Deputy Sheriff, to proceed on board such vessel, and to arrest any person or persons named or described in such application; provided, the same shall set forth, that such Consul, Vice Consul or Commercial Agent, will indemnify the Marshal, Sheriff or Deputy Sheriff, for all damages which may accrue to him from said proceeding, and by the detention of such prisoners, and said Foreign Agent will pay all fees and costs con- nected therewith. SECTION 2. It shall be lawful for the Marshal, Sheriff or Deputy Sheriff, to detain such arrested mutineer or mutineers in prison, until called for by the Foreign Agent who caused their arrest. SECTION 3. This act shall take effect from and after the day of its passage. ij JJ 14, 1> 24 RELATING TO REPRESENTATIVES. SfiSS. AN ACT TO REGULATE THE NUMBER OF THE REPRESENTATIVES OF THE PEOPLE. Approved May 26th, 1853. WHEREAS, by the 76th article of the Constitution, it is made the duty of the Legislature, at stated times, to regulate the Representa- tives of the people: Therefore BE IT ENACTED, by the King, the Nobles and the Representatives of the Hawaiian Islands, in Legislative Council assembled: '<^L\ SECTION 1. That, in future, the Islands of Molokai and Lanai shall form one Election District, to be called the District of Molokai. SECTION 2. That in future, the Island of Niihau shall form a part of the Election District of Kona, (from Nualolo to Hanapepe) on . the Island of Kauai. i ~i i ( .> ii- ''- SECTION 3. That, hereafter, the District of Kona on the Island of Hawaii, shall form two Election Districts, viz: from Keahualono on Puohao, to be called the District of North Kona; from Puohao to Ka- heawai, to be called the District of South Kona. SECTION 4. That from the year 1854, till the year 1859, both inclusive, the number of the Representatives of the people in the Legislature shall be as follows, viz: For the Island of Hawaii, eight, that is to say, One for the District of North Kona. h .<*,yj" " " South Kona. < ", ;'i "; i,.- Puna. Two" " y rfi, " Hilo. One " " " " Hamakua. " " " " " Kohala. 1853. RELATING TO REPRESENTATIVES. 25 For the Island of Maui, six, that ia to say: Two for the District of Labaina, Olowalu, Ukumehame and Kahoo- lawe. One for the District of Kahakuloa and Kaanapali. One from Waihee to Honuaula. " " Kahikinui to Koolau, " " Hamakualoa to Kula. For the District of Molokai, two. For the Island of Oahu, eight, that is to say: Four from Maunalua to Moanalua, inclusive. One for the District of Ewa and Waianae. " " " " Waialua. " " " " Koolauloa. " " " " Koolaupoko. For the Island of Kauai, three, that is to say: One from Nualolo to Hanapepe inclusive, (including Niihau.) One from Wahiawa to Wailua. One from Kapaa to Awaawapuhi. SECTION 5. The Minister of Public Instruction shall cause five hundred copies of this Act, to be printed in the Hawaiian language, and circulated throughout the Kingdom, in the month of November, 1853. SECTION 6. This act shall take effect from after the day of its passage. 26 LAND TITLES. SESS. AN ACT ABLATING TO THE BOARD OF COMMISSIONERS TO QUIET LAND TITLES. Approved May 26ffc. 1853. BE IT ENACTED, by the King, the Nobles and the Representatives of the Hawaiian Islands, in Legislative Council assembled: That all claimants of land within this Kingdom, who have entered their claims with the Board of Commissioners to Quiet Land Titles, and who shall not have appeared before the said Board and proved their several claims, previous to the first day of May, A. D. 1854, shall be forever barred from proving the same; and the said Board of Commissioners are hereby authorized and required to give due notice of this act, through the Polynesian and Elele newspapers, and to deal with all outstanding land claimants accordingly. 1853 RELIEF ACT. 27 AN ACT FOR THE RELIEF OF THE MINISTER OF THE INTERIOR. Approved May 26*&, 1853. BE IT ENACTED, by the King, the Nobles and the Representatives of the Hawaiian Islands, in Legislative Council assembled: That His Highness, Keoni Ana, His Majesty's Minister of the Interior, shall be, and is hereby released from all responsibility and obligation of re-imbursing to His Majesty's Treasury, the losses which have arisen, or may arise, to the same, from the insolvency of the estate of the late Alfred W. Parsons. 28 NEWSPAPER LICENSE. StSS. AN ACT TO ABOLISH NEWSPAPER LICENSE. Approved May 26/A, 1863. WHERJCAS, the License at present required, for the publication of Newspapers and Periodicals, is opposed to the spirit of the third article of the Constitution: Therefore BE IT ENACTED, by the King, the Nobles and the Representatives of the Hawaiian Islands, in Legislative Council assembled: That article sixth of "Newspapers and Periodicals," of chapter second, part first of an act entitled "An Act to Organize the Exe- cutive Departments of the Hawaiian Islands," passed April 27th, 1846, be, and the same is, hereby repealed. 1853. WHALERS' PERMITS. AN ACT RELATING TO WHALERS' PERMITS. Approved May 26^, 1853. BE IT ENACTED, by the King, the Nobles and the Representatives of the Hawaiian Islands, in Legislative Council assembled: SECTION 1. That section XVII of article I, chapter I, part II, of the 2d act Kamehameha III, including the two forms of Whalers' Permits, be, and the same is, hereby repealed, and the following Section and form of Permit substituted in its stead. Every whaler that shall have been duly entered at the Collector's office, have delivered all the necessary papers, and paid the legal charges due upon such entry, shall be entitled to demand and receive from the Collector, a permit to trade or barter goods or supplies, excepting spirituous liquors, to the amount of twelve hundred dollars, original invoice value, two hundred dollars of which, shall be free of duties, without being subjected to any charge for tonnage or harbor dues. Said permit shall be in the following words: WHALERS' PERMIT TO LAND MERCHANDIZE. Office of Collector of Customs, , H. I. Marks. No. Packages and Contents. Quantities to be Specified. Value per Invoice. Permission is hereby given to Captain of the whaler, to land from said vessel, goods or upplies, excepting spirituous liquors, as above 30 WHALERS' PERMITS. SESS. named,'the same being entered according to their marks, numbers and actual cost, delivered OH board as per original invoice. N. 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. , 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 dollar in trade or barter .with the inhabitants of this port or its jurisdiction, since my entry on the day of 18 , and 1 have not landed or allowed to be landed from my said vessel, any goods or supplies other than what is included in this permit. Subscribed and sworn to before me this day of 18 . , Collector. SECTION 2. This act shall take effect on the thirtieth day after its passage, and all laws, or parts of laws, in contravention of this act, shall be, and the same are, hereby repealed. 1853. PUBLIC AUCTIONEERS. 31 AN ACT TO AMEND THE LAWS KELATING TO PUBLIC AUCTIONEERS. Approved June Wth, 1853. BE IT ENACTED, by the King, the Nobles and the Representatives of the Hawaiian Islands, in Legislative Council assembled: SECTION 1. That all officers of His Majesty's Government who are required or allowed, by law, to dispose of any Government pro- perty, shall be, and are hereby authorized to cause the same to be disposed of at public auction, without the intervention of a licensed auctioneer, excepting such property as may be required to be sold in Honolulu or Lahaina; provided, that no commissions shall be allowed or paid to the agents employed by such officer, for effecting such sale at auction, other than would have been allowed or paid them, in case of their having disposed of the same at private sale; provided, more- over, that no such government agent shall buy either for himself or for any relation of his, or through another for himself, any Govern- ment property so exposed for sale, under penalty of double the value of the price at which he may have sold such pr.operty. SECTION 2. That public notice of such sale shall be posted up, in the native and English languages, throughout the district in which such property is situated and also in Honolulu, and such public notice shall be inserted in the Polynesian newspaper and Elele Hawaii, at least thirty days previous to the day of sale. SECTION 3. This act shall take effect from and after the day of its passage. 32 CORAL AND SAND. SfiSS. AN ACT RELATING TO CORAL AND SAND. Approved June 16th, 1853. WHEREAS, the present law prohibiting the free use of coral and sand is a burden upon the people without any corresponding benefit to the Exchequer: Therefore BE IT ENACTED, by the King, the Nobles and the Representatives of the Hawaiian Islands, in Legislative Council assembled: SECTION I. That, hereafter, the Government reefs shall be free, for the use of the people. Whoever, being a Hawaiian subject, shall desire coral or sand from the Government reefs and lands, may freely take the same, either for his own use or for sale or exportation; provided, that this act shall not apply to the Government domain in Honolulu, Oahu, or Lahaina, Maui. SECTION 2. That so much of section 2, article 1, chapter 7 of part 1st of an " Act to organize the Executive Department," as constitutes tne taking of coral and fcand, a trespass, is hereby repealed. SECTION 3. This Act shall take effect from and after the date of its passage. 1853. LAWS. AN ACT REPEALING CERTAIN LAWS. Approved, June 16th, 1853. BE IT ENACTED by the King, the Nobles and the Representatives of the Hawaiian Islands, in Legislative Council assembled: SECTION 1. That chapters I, 2, 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 43, 44, 45, 47, 48, 49, 51, 52, 53, 54 and 55, and all other parts of the old laws, entitled "Laws of the Hawaiian Islands," be, and the same are hereby repealed. SECTION 2. This Act shall take effect from and after the date of its passage. 34 JUDICIAL OFFICERS, &C. SfiSS. AN ACT TO PREVENT JUDICIAL OFFICERS FROM ACTING AS COUNSEL OR ATTORNEYS IN SUITS TRIED BEFORE THEM. P 1 "^! r! ! fi! * v i T*vtwtr*t Approved, June 16th, 1853. BE IT ENACTED by the King, the Nobles and the Representatives of the Hawaiian Islands, in Legislative Cotmcil assembled: SECTION 1. No person shall be employed, nor allowed to appear as counsel or attorney before any court, in any suit, which shall have been previously determined, before himself, as a Judge or Justice. SECTION 2. This act shall take effect from and after its passage. 1853. RELATING TO TRIALS. 35 AN ACT PROVIDING FOR THE TRIAL OF DIFFERENT DEGREES OF CERTAIN OFFENSES UNDER ONE INDICTMENT. Approved, June 16th, 1853. BE IT ENACTED by the King, the Nobles, and the Representatives of the Hawaiian Islands in Legislative Council assembled: SECTION 1. Under an indictment for robbery, larceny 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 pris- oner is indicted, return a verdict for any lesser degree of the same offense. SECTION 2. This Act shall take effect from the day of its passage. 30 SECRETARY OF WAR. SfiSS. AN ACT RELATING TO THE SECRETARY AT WAR. Approved, June 16th, 1853. BE IT ENACTED by the King, the JVobles and the Representatives of the Hawaiian Islands in Legislative Council assembled: SECTION 1. That section 4 of chapter 2, part 2, of an Act entitled an "Act to organize the Executive Departments of the Hawaiian Islands," and other laws and parts of laws, conferring the duties, or any part of the duties of Secretary at War and of the Navy upon any one of His Majesty's Ministers, ex officio, shall be, and the same are hereby repealed; and His Majesty may, in his discretion, by special commission, confer the duties of said office upon any one of His Cabinet Ministers, or upon any other person, as He may judge best, for the good of His service; provided that such Secretary at War shall not be entitled to receive any additional pay for his services as such. SECITON 2. This act shall take effect from and after the date of its passage. 1853. RELATING TO ROAD TAX. 37 AN ACT, DELATING TO THE ROAD TAX. Approved, June 16th, 1853. BE IT ENACTED by the King, the Nobles and the Representatives of the Hawaiian Islands, in Legislative Council assembled: SECTION 1. That the labor tax on roads, bridges, and the like pub- lic works, shall be, and is hereby reduced, from twelve to six days' labor annually; Provided that eight hours' labor shall be considered a full day's work. SECTION 2. It shall be optional with any person liable to the road tax, to commute for the same, in advance, when first called upon by the road supervisor or his deputy, by paying him the sum of two dol- lars. SECTION 3. Every male inhabitant of the kingdom between the ages of sixteen and fifty years, shall be, and is hereby declared to be liable to the road labor tax. SECTION 4. The following persons alone shall be exempt from the road labor tax, viz : His Majesty the King ; all diplomatic agents of foreign powers; all clergymen and school teachers actually employed; also all regular soldiers and their officers ; all firemen legally organ- ized ; all insane persons and cripples : and all persons incapable of labor by reason of long sickness. SECTION 5. That the people, at the time and place fixed for the elec- tion of Representatives to sit in Legislative Council, shall elect by ballot, in the same manner that the representatives are elected, a road Supervisor, in each of their respective districts, who shall hold his office for one year from the date of his election; provided always, that in case of the death or resignation of any Supervisor so elected, a new election shall be held as before. SECTION 6. The road Supervisors, within their respective districts, shall have the direction of the public labor, on roads, bridges and all 38 RELATING TO THE ROAD TAX. SfiSS. public highways, but shall lay out no new road, or shut up any old road, without first calling a meeting of those persons, who are subject to the road tax, in their respective districts, by giving five days pub- lic notice of the time and place of said meeting, and taking their voice on the propriety of the measure. This voice, whether for or against the measure proposed, shall be obeyed. SECTION 7. The said Supervisors shall collect and disburse all road taxes within their respective districts; and no portion of said tax shall be expended in any other district, except with the consent of the people of the district, expressed in public meeting, called as pro- vided in the preceding section. SECTION 8. The road Supervisors may appoint deputies for their re- spective districts, not exceeding one for every fifty taxable persons in the district, whose only compensation shall be exemption from the road labor tax. SECTION 9. Every road Supervisor shall, on the 31st day of Decem- ber of each year, render to the Minister of the Interior, in writing a de- tailed report of his transactions during the year preceding, stating at least, the number of persons liable to the road tax in his district; the number of days worked by them the amount of cash received, as com- mutation; the amount of tax still due; the amount of cash on hand at the commencement of the year; the amount expended, and the amount on hand; the number and condition of government tools on hand, and the number of days of his own personal service. SECTION 10. The road Supervisors, upon rendering such report, shall receive such compensation, as the Minister of the Interior may deem just, out of the monies appropriated for that purpose, by the Legislature. SECTION 11. All monies appropriated by the Legislature for the roads of the respective districts, shall be drawn from the treasury by the Minister of the Interior, and expended by the road supervisors under his general direction. SECTION 12. Any road Supervisor, who shall fraudulently free any person, from road labor, not exempted by law, or who shall not work the persons liable to the road tax, the full number of days and hours prescribed in this act, shall on conviction thereof before any District 1853. RELATING TO THE ROAD TAX. 39 Justice, be fined five dollars for each such offense; all such fines to be expended as part of the road tax of such district. SECTION 13. The said Supervisors within their respective districts, shall have power to sue for, and collect by execution, all road taxes unpaid on the last day of October. SECTION 14. It shall not be lawful for any road Supervisor, to com- pel the people of any neighborhood to go more than five miles beyond their residence, to labor on any road, unless by a vote of the people of the district expressed in public meeting, called as hereinbefore pro- vided in section 6. SECTION 15. The road Supervisors, in case of indolence, disorderly or mutinous conduct, on the part of the workmen, shall have power to authorize and require any constable, to apprehend any delinquent, and take him before any district justice, who shall, unless good cause be shown to the contrary, sentence such delinquent to hard labor, not more than five days. SECTION 16. It shall be lawful for the several Supervisors, to com- mute for the labor tax on roads, with all persons employed by the month or year, or with their employers, either to complete a certain amount of work on the road, or to work by the day, with carts, plows, or other im- plements, as may be agreed upon as a commutation for the road tax, of all his laborers liable to this tax. SECTION 17. It shall be the duty of each road Supervisor, to sur- render to his successor in office, on or before the loth day of Jan- uary, all accounts and other papers relating to the office, and all mon- ies which he may have on hand, arising from the commutations, and other sources, together with all implements belonging to the govern- ment, which may be in his possession. SECTION 18. Upon a written complaint being brought before the in- spectors of elections of any district, signed by at least fifty of the inhab- itants of said district, setting forth that their road Supervisor is guilty of a breach of the law, specifying the particular charges against such Supervisor, it shall be the duty of said inspector of elections to give such complaint a hearing, and upon proper cause being shown, to dis- miss said Supervisor from office, and to order a new election of a road Supervisor, at least ten days previous to the day of election. SECTION 19. It shall be the duty of every man liable to the labor tax for the roads, to appear punctually at the time appointed, with suit- 40 RELATING TO THE ROAD TAX. SfiSS. able implements for the work, and to work diligently, as directed by the Supervisor, otherwise he shall be liable to the penalty hereinbe- fore provided in Section 15. SECTION 20. Should any person find it inconvenient to work on the roads, as aforesaid in person, at the time appointed, he may employ a substitute, or he shall pay to the Supervisor, fifty cents for each day on which he fails to work, as directed by the Supervisor. SECTION 21. Every person who is liable to the road tax, shall be liable to the labor tax on roads, in the district where he is found 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 paid his commutation for the current year, in some other district. SECTION 22. In laying out any new road, or planning any bridge, as provided in section 6, respect shall be had to the private vested rights of property which any private individual may have in the land over which said road shall be intended to pass, and over which any such bridge shall be intended to extend. It shall be the duty of the Supervisor, immediately after such new road or bridge has been de- termined upon, as in section 6, to cause notices to be posted along the line of such proposed new road or bridge advertising the fact, and summoning all parties interested therein, to bring forward their claims to the nearest circuit Judge. SECTION 23. It shall be lawful for the Circuit Judge to appoint a commission of three disinterested persons to assess the value of the private property so to be appropriated to the public use, and also the damages likely to be sustained by the present owner, whose decision shall determine the price to be given by the government for such pri- vate property ; Provided the owner shall have the right of appeal from the decision of said committee, to a jury of twelve men (with the usual right of objection for cause,) to be empanelled by the circuit Judge, who shall send a certified copy ot the decision of said commit- tee, or of said Jury, to the Minister of the Interior,and give a cer- tificate also, to the party in whose favor the verdict was rendered. SECTION 24. Upon the delivery of said certificate to the party in whose favor the verdict was rendered, the property assessed shall revert to the public use intended, without further conveyance, and the hold- 1853. RELATING TO THE ROAD TAX. 41 er of such certificate, shall present the same to the Minister of the Interior, for adjustment, pursuant to the provisions of the succeeding section. SECTION 25. The Minister of the Interior shall have power to com- pound with the holder of any such certificate, in any way he may deem most advantageous to the government, by the substitution of other land or other privileges, in lieu of that appropriated for the public good; and he shall also present to the Legislature, annually, a report of such certificates, as he may not have been able to cancel, in the manner above prescribed. SECTION 26. This act shall take effect on the first day of January, A. D. 1854, and all former acts relating to road taxes, shall be and are hereby repealed. 6 ; -;. . ^.HUSIP- erit t>i :.njMfi s|s ->/ 42 SUMMARY PROCEEDINGS. SESS. AN ACT PROVIDING SUMMARY PROCEEDINGS TO RECOVER POSSESSION OF LAND IN CERTAIN CASES. Approved, July 6th, 1853. WHEREAS there is now no way of removing tenants wrongfully in possession of lands, but by the long and tedious process of a suit of ejectment, Therefore, BE IT ENACTED by the King, the Nobles and the Representatives of the Hawaiian Islands in Legislative Council assembled: SEC. 1. When the lessee of any lands or tenements, or any person holding under such lessee, shall hold possession of the demised prem- ises, without right, after the determination of the lease, 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 man- ner hereinafter provided. SEC. 2. The person entitled to the possession of the premises, may apply to any police or district justice for a writ in the form used for an original summons in common 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 tenements in question, describing them, which he holds unlawfully, and against the right of the plaintiff, and no other declaration shall be recognized. SECTION 3. 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 resi- dence, by leaving a copy thereof at such place, with some person of mature age residing in the premises. SECTION 4. The summons shall be returnable within such time as 1853. SUMMARY PROCEEDINGS. 43 shall appear reasonable to the justice, not less than three nor more than five days, and the suit shall be conducted like other civil actions before such Justices. SECTION 5. 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 possession of the premises, he shall have judgment for the possession thereof and for his costs, and execution shall issue ac- cordingly. 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 possession thereof. SECTION 6. The officer to whom such warrant for delivering pos- session shall be directed and delivered, is hereby required to execute the same according to the tenor thereof. SECTION. 7. Whenever a warrant shall be issued as aforesaid for the removal of any tenant, the contract for the use of the pre- mises, if any such exists, and the relation of landlord and tenant between the parties, shall be deemed to be cancelled and annulled. SECTION 8. The issuing of such warrant of removal shall be stayed in the case of a proceeding for the non-payment of rent, if the per- son 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. SECTION 9. 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. SECTION 10. Either party may appeal from the judgment of the jus- tice, 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 allowance of his appeal, file with the justice a bond, with sufficient 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, ID case the decision of the justice is affirmed. 44 SUMMARY PROCEEDINGS. SfiSS. SECTION 11. When the defendant is proceeded against for the non- payment of rent, and the justice decides that the plaintiff should have possession, the defendant 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. SECTION 12. 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 ten- ant leaving rent in arrear, go upon and view said premises; and upon being satisfied, upon such view, that the premises have been so de- serted, 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. SECTION 13. At the time specified in such notice, the justice shall again view the premises and if the tenant shall appear and pay the rent, or deny that any rent is due to the landlord, all proceedings shall cease. If, upon such 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 thence- forth become void. SECTION 14. 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 possession delivered, by serving notice in wri- ting thereof upon such justice, and by giving a bond in the sum of one hundred dollars 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; ana thereupon such justice shall send up a copy of the proceedings had before him within ten days ap- peal taken, and shall give notice to the landlord of such appeal. SECTION 15. This act shall take effect from and after its passage. 1853. PROPEKTY CONFISCATED. 45 AN ACT PROVIDING FOR THE DIVISION OF THE PROCEEDS OF PROPER- TY CONFISCATED OR FORFEITED, AND FINES IMPOSED FOR VIOLATION OF THE REVENUE LAWS. Approved, July 6th, 1853. BE IT ENACTED by the King, the Nobles and the Representatives of the Hawaiian Islands in Legislative Council assembled: SECTION 1. That the proceeds of all property confiscated and sold according to law, for violation of the revenue laws, after deducting the legal commissions for selling the same, the advertising and all other necessary expenses, shall be paid in to the Collector General of Cus- toms; and also all fines and penalties imposed for violation of the Rev- enue Laws, after deducting the costs of court. SECTION 2. The proceeds of all penalties and forfeitures under the revenue laws, after deducting the legal charges and costs as provided in the foregoing section, shall be divided as follows; one half shall be paid and accounted for by the Collector General of Customs to the Hawaiian Exchequer; one fourth to the person or persons who gave the definite information which led directly to the seizure, or induced the prosecution; and one fourth to the person who made the seizure, or entered the prosecution. If no other person has a claim as inform- er, then the one making the seizure or entering the prosecution shall be entitled to one half. SECTION 3. If any person, entitled to a share of the penalty or for- feiture, shall be necessary as a witness on the trial, he may be exam- ined, but in such case his share of the same accrues to the Exchequer, SECTION 4. Every person having a claim for a share of any penalty or forfeiture shall state the same in writing, upon oath, to the Col- lector General of Customs within thirty days from the date of the seiz ure, or from the time when the fine or penalty is imposed, otherwise he shall forfeit his claim. 46 PROPERTY CONFISCATED. SESS. SECTION 5. The Collector General of Customs shall pay to the sev- eral claimants according to their right under the law, of which he shall be the judge, subject to an appeal to the Commissioners of Customs within ten days. SECTION 6. No officer shall be entitled to any share of a fine or for- feiture for the violation of the revenue laws by virtue of his office, or shall be debarred from recovering a share on account of his office or salary. SECTION 7. All spirituous liquors, seized and condemned for viola- tion of the revenue laws, shall be sold in bond, and be subject to ex- portation, 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 article condemned and sold, on account of having seized the same or given the informa- tion which led directly to the seizure, shall receive a share of the du- ties actually paid on such liquors, in the proportions named in the sec- ond section of this act. SECTION 8. All property other than spirituous liquors, seized and condemned for violation of the revenue laws, shall be sold according to law and without any reference to duties, and the proceeds shall be divided as provided in the second section of this act. SECTION 9. This act shall be in force from and after the date of its passage, and all laws or parts of laws inconsistent herewith shall be and hereby are repealed. 1853. PERSONAL ACTIONS. 47 AN ACT TO LIMIT THE TIME OF COMMENCING PERSONAL ACTIONS. Approved, July 6th, 1853. BE IT ENACTED by the King, the Nobles and the Representatives of the Hawaiian Islands in Legislative Council assembled : SECTION 1. That the following actions shall be commenced within six years next after the cause of such action accrued, and not after: 1. Actions for the recovery of any debt founded upon any contract, obligation or liability, excepting such as are brought upon the judg- ment or decree of some Court of Record. 2. Actions upon judgments rendered in any Court not being a Court of Record. 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 two next sections. SECTION 2. The following actions shall be commenced within two years after the cause of action accrued, and not after: 1. Actions for assault and battery. 2. Actions for false imprisonment. 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. SECTION 3. In all actions of debt, account or assumpsit brought to 48 PERSONAL ACTIONS. SfiSS. 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. SECTION 4. If any person entitled to bring any action in this act spec- ified (excepting actions against the Marshal, sheriffs or other officers) shall, at the time the cause of action accrued be, either, J. Within the age of twenty years; or 2. Insane; or 3. Imprisoned on a criminal charge, or in execution under the sen- tence of a criminal court for a term less than his natural life; or, 4. A married woman. Such person shall be at liberty to bring such actions within the respective times in this act limited, after such disability removed. SECTION 5. If any person entitled to bring any action in this act spe- cified shall die before the expiration 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 expi- ration of such time and within one year after such date, commence such action; but not after that period. SECTION 6. If at the time when any cause of action specified in this act shall accrue against any person, he shall be out of this king- dom, such action may be commenced within the terms herein respect- ively limited, after the return of such person into this kingdom; and if, after such cause of action shall have accrued, euch 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. SECTION 7. 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 survive to his representatives, his executor or administra- tor may, within one year after such death commence a new action. SECTION 8. Whenever the commencement of any suit shall be stay- ed by an injunction of any court of Equity, the time during which such injunction shall be in force shall not be deemed any portion of the time in this act limited for the commencement of such suit. SECTION 9. When a suit shall be alledged by a plaintiff to have been 1853. PERSONAL ACTIONS. 49 commenced within the time required by law, and such allegation shall be put in issue by the defendant, it shall be competent for the de- fendant 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 his attorney to prevent the service of the writ, or to keep the defendant in igno- rance of the issuing thereof. SECTION 10. 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 any of the provisions of this act. SECTION 11. No person shall avail himself of any disability enume- rated in this act, unless such disability existed at the time his right of action accrued. SECTION 12. Where there shall be two or more such disabilities exist- , ing at the time the right of action accrued, the limitations herein pre- scribed shall not attach until all such disabilities be removed. SECTION 13. The provisions of this act shall not extend to any ac- tion 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. SECTION 14. If any person who is liable to any of the actions men- tioned in this act shall fraudulently conceal the cause of such action from the knowledge of the person entitled thereto, the action may be commenced at any time within six years after the person who is enti- tled to bring the same shall discover that he has such cause of action, and not afterward. SECTION 15 All the provisions of this act shall apply to the case of any debt on contract, alleged by way of set-off on the part of a de- fendant, and the time of limitation 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. SECTION 16. Every judgment and decree in any court of record of this kingdom shall be presumed to be paid and satisfied, at the expira- tion of twenty years after the judgment or decree was rendered. 50 PERSONAL ACTIONS. SESS. SECTION 17. The provisions of this act shall not apply to any actions commenced, nor to any cases where the right of action shall have ac- crued before the time when this act takes effect as a law; but the same shall remain subject to the laws now in force. SECTION 18. This act shall lake effect from and after the first day of August, A. D. 1S53. 1853. POLICE COURTS. 51 AN ACT TO REMOVE FROM THE POLICE AND DISTRICT COUR'J S THE JU- RISDICTION IX CASES OF LARCENY IN THE SECOND DEGREE. Approved, July (tth, 1853. BE IT ENACTED by the King, the Nobles and the Representatives of the Hawaiian Islands in Legislative Council assembled: SECTION 1. That the third division of section 1, chapter 53 of the Penal code, be and the same is hereby^amended by striking out the word "second," and hereafter no Police Magistrate or District Justice shall have jurisdiction incases of Larceny in the second degree as described in the second division of the 15th section of the 16th chapter of the Penal Code, but such cases shall be tried by a jury. SECTION 2. This act shall become a law in thirty days from the date of its publication in the Polynesian newspaper and Elele Hawaii. 52 DESERTERS. SESS. AN ACT RELATING i'O DESERTERS FROM VESSELS. Approved, July 6//i, 1853. BE IT ENACTED by the King, the Nobles and the Representatives of the Hawaiian Islands in Legislative Council assembled: SECTION 1. If any seaman desert from a foreign vessel the command- ing officer shall within forty-eight hours thereafter inform the Harbor Master, whose duty it shall be to notify the Prefect of Police, who shall cause diligent search to be made for such deserter, for the end . that he may be restored to his vessel. If the deserter be found near the harbor, where the vessel is at anchor, the Prefect shall be entitled to recover from the commanding officer, for his apprehension, six dol- lars; if found without the reasonable and usual precincts of the harbor, the Prefect shall be entitled to recover from the commanding officer twelve dollars, besides such necessary expenses as may have been in- curred in apprehending such deserter. In case the deserting seaman shall remain in prison after his arrest, the commanding officer of the vessel from which he may have deserted, shall pay one dollar for each and every day said deserter shall remain, and in all cases when a ves- sel shall have left her port, and any person being arrested who deserted from the same shall remain in prison, he shall be liable to pay the same fee for his arrest as above prescribed. SECTION 2. At those ports of entry where there is no harbor master, the notice of desertion shall be made to the Collector of Customs, who shall notify immediately the head of police, and in all cases one half of the fees for apprehending deserters shall be paid to the person or persons who apprehend them, and the other half to the highest officer of police at the port where such deserter is delivered up. SECTION 3. This act shall take effect from and after the day of its passage, and all laws contravening this act are hereby repealed. 1851). CONVEYANCES. 53 AN ACT PRESCRIBING FEES OF SEARCH FOR THE REGISTRAR OF CONVEYANCES. Approved, July 6, 1853. BEIT EXACTED by the King, the Nobles and the Representatives of the Hawaiian Islands in Legislative Council assembled: That from and after the passage of this act the fees of the Regis- trar of Conveyances for searching the Records of his office and giving the certificate required by law for the same shall be, and is hereby fixed at twenty-five cents for each search, for each year searched, including the certificate before mentioned. 54 TRANSCRIPTS. SESS. AN ACT PROVIDING THAT CERTAIN TRANSCRIPTS FROM THE DOCKETS OF COURTS OF RECORD AND OF CERTAIN OTHER COURTS SHALL BE ADMITTED AS EVIDENCE. Approved, July 6, 1853. BE IT ENACTED by the King, the Nobles and the Representatives of the Hawaiian Islands in Legislative Council assembled : SECTION 1. A transcript of any of the records and judicial proceed- ings 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 of his office annexed. SECTION 2. A transcript from the docket of any police or district jus- tice, 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 justice, shall be evidence to prove the facts stated in such trans- cript, in any other court. SECTION 3. This act shall take effect from and after its passage. 1853. APPOINTMENT OF AGENTS. 55 AN ACT TO AMEID THE SECOND SECTION OF THE ACT TO PROVIDE FOR THE ANOINTMENT OF AGENTS TO SELL GOVERNMENT LANDS TO THJ PEOPLE. Approved, July 6, 1853. BE IT EXACTED by the King, the Nobles and the Representatives of the Hawa. 2d, 1853. BE IT RESOLVED by the King, the JVo&Zes and the Representatives of the Hawaiian Islands, in Legislative Council assembled : That, the Secretary at War shall be, and is hereby authorised to dispose, in such manner as he may judge most profitable, of all can- non and other arms as may be superfluous, or unfit for service, and to apply the proceeds thereof to the repair and purchase of such cannon, arms and accoutrements, as may be needed, accounting in his annual reports to the Legislature, for his proceedings in this matter. 68 INDEX. SESS. INDEX, ACT, SECTION. PAGE. Relating to the Judiciary Department, 3 To amend an act entitled "An act to amend the law relative to passports," 13 To amend the appropriation bill, 14 To amend an act to regulate the tonnage dues and other charges on merchant and whaling vessels, . . 15 To amend "Joint Resolution to en- courage the visits of whalers," 16 To authorize the Minister of Finance to pay certain sums in anticipation of the general appropriation bill for 1853, 17 To increase the import duties on certain kinds of merchandize, . . 18 To constitute a Board of Commissioners to erect jails on Oahu, . . 20 Relating to the searching of ships for deserters, ... 22 Relating to mutiny and sedition on board of foreign vessels while in any port of the Hawaiian Islands, . . 23 To regulate the number of the Represen- tatives of the people, . . 24 Relating to the Board of Commissioners to quiet land titles, . . 26 For the relief of the Minister of the Inte- rior, .... 27 To abolish newspaper license, . 28 Relating to whalers' permits, . 29 To amend the laws relating to public auctioneers, ... 31 Relating to coral and sand, . . 32 Repealing certain laws, . . 33 1S53. INDEX. 69 ACT, SEC. PAGE. To prevent judicial officers from acting as counsel or attorneys in suits tried before them, .... 34 Providing for the trial of different de- grees of certain offenses under one indictment, . . . 35 Relating to the Secretary at War, 36 Relating to the road tax, '. ,'... . 37 Providing summary proceedings to recov- er possession of land in certain cases. 42 Providing for the division of the pro- ceeds of property confiscated or for- feited, and fines imposed for violation of the revenue laws, /,v . 45 To limit the time of commencing personal actions, .... 47 To remove from the police and district courts the jurisdiction in cases of lar- ceny in the second degree, *'"* 51 Relating to deserters from vessels, 52 Prescribing fees of search for the regis- trar of conveyances, . . 53 Providing that certain transcripts from the dockets of courts of record and of certain other courts shall be admitted as evidence, . . 54 To amend the second section of the act to provide for the appointment of agents to sell Government lands to the people, .... 55 To amend the law relating to public auctioneers, ... 56 Regulating the disbursement of money appropriated for the military, . 57 Relating to divorces, . 58 To amend an act entitled "an act rela- ting to the Fort lands of Honolulu," 64 (Joint Resolution,) appropriating money for the Legislature, . . 65 (Joint Resolution,) for the relief of W. C. Parke, ... 66 (Joint Resolution,) to dispose of old can- non and other arms, . 67 ACTIONS Act to limit the time of commencing per- sonal, . . ; . 47 70 INDEX. SESS. APPEALS, SEC. PAGE. To the Supreme Court, . .' ' : . 48 11 From the Land Commission, . 48 to 50 11 In suits to recover possession of land, 10 to 14 43, 44 APPROPRIATION BILL, Of l852-'3, amendments to ' '* ."" 14 ATTORNEY, Judicial officers restrained from acting as, in certain cases, . .< . ' 1 34 AUCTIONEERS, Amendment of laws relating to, ']'" 31 For Island of Maui, laws relating to, amended, . .' ' . 56 B BOARD OF JAIL COMMISSIONERS, For the Island of Oahu, their appoint- ments and duties, ... 20 BOARD OF LAND COMMISSIONERS, Appeals from, decisions of . . 48 to 50 11 Act relating to, . ' ' I ' ' 'i ' 26 c CHIEF JUSTICE OF SUPREME COURT, Shall be Chancellor of the Kingdom, 4 4 Powers of, at chambers, 4 4 May issue writs of error, certiorari, man- damus, &c. &c. ... 6 4 In case of absence or sickness of, duties to be discharged by the senior justice, 19 6 His salary prescribed, \' t ^ii< ..-/ 20 6 CIRCUIT COURTS, Terms of, when and where to be held, 33 9 Jurisdiction of, ... 34 9 To be presided over by a Justice of the Supreme Court, . ,; ;. 36 9 May be adjourned from day to day, &.c. 37 9 Clerks of, by whom appointed, their du- ties, &c. . . Fi!*j> - Seals of, . ..'j' .TV*,. 1 1 # a May grant divorces, . n> > May decree separations, CIRCUIT JUDGES. Powers of, . . -\ ; , : ( 35 9 Their salaries, . . . 46 10 May appoint commissioners to assess damages in opening new roads &.c. 23 40 CLERK OF SUPREME COURT, To be appointed by the Justices. . 21 6 ""v 1853. INDEX. "- SEC. PAGE. Powers and duties of, . . 21 to 27 7 To exhibit the records of his office to the Justices, ... 27 8 Temporary, provided for, . . 28 to 29 8 To render quarterly accounts to the Minister of Finance, 30 8 His salary prescribed, 31 8 COLLECTOR OF CUSTOMS, To grant whaler's permits, . 1 29 Duties of, in regard to confiscated prop- erty, fines and penalties &c. 45, 46 CONSULS, In China and Phillippine Islands, certif- icate of, necessary in certain cases, 3 18 In this Kingdom, to apply to the marshal in cases of mutiny on board Foreign Vessels, ... 1 23 CORAL AND SAND, On the Government reefs, made free, 1 32 D DESERTERS, Searching of ships for, . . 1 22 From vessels, law respecting, . 52 DISTRICT JUSTICES' COURTS, Power and duties of, . . 47 10 May issue summons in suit to recover possession of land, . . 2 42 Deprived of Jurisdiction in cases of lar- ceny in the second degree, . 1 51 Transcript from docket of, evidence, 2 54 DIVORCES, Law of, .... 58 Who may grant, and for what causes, 58 to 60 Ji mensa et thoro, ... 63 E EVIDENCE, Certain transcripts from dockets of courts, to be admitted as, 54 r FORT LANDS, Of Honolulu, amendment of law rela- ting to, .... 64 IDIOT, Or Lunatic, marriage of voidable, 1 58 IMPORT DUTIES, On certain kinds of Merchandize in- creased. 1 18 INDEX. SESS. INDICTMENT, SEC. PAGE. Different degrees of certain offences may be tried under one, . 1 35 JAILS, Commissioners of, for the Island of Oahu, . 20 JUDICIAL DISTRICTS, Kingdom divided into four . 32 8 JUDICIAL OFFICERS, May not acl as counsel or attorney in certain cases. . . 1 34 JUDICIARY DEPARTMENT, Act relating to *'>/>- '-.- . 3 JURY Trial by . .51 11 May be empanneled to assess damages in opening new roads 23 40 LAND, Summary proceedings to recover pos- session of, in certain cases, . 42 LAND AGENTS, Government, law relating to amended, 55 LARCENY, In the second degree, removed from Police and District Courts L'"' 1 51 LAWS, Old, repeal of certain, -'.' u LICENSE, Newspaper, abolished, ' '. l ' x . 1 28 in MARRIAGE, Contract of, may be declared void, 58 Grounds for annulling contract of 58 Respecting annulritat of ': May be dissolved, V . 11 60 MARSHAL, Or other Officer may search vessels for deserters, To arrest mutineers on board of Foreign vessels, . . *'" To execute writs of possession . 6 MERCHANDIZE, From China and Phillippine Islands, duties on, increased. MILITARY, Disbursement of monies appropriated for. . 57 1853. INDEX. MINISTER OF FINANCE, SEC. PAGE. To pay Judicial salaries, . . 52 11 Authorized to pay money on account of H. M's. Privy Purse, in anticipation of Appropriation Bill, . . 1 17 To pay certain money to W. C. Parke. 66 To set apart $8,000 for the Legislature of 1853, in anticipation of the appro- priation Bill, fyiit 1 65 MINISTER OF THE INTERIOR, T& appoint Jail Commissioners for Is- land of Oahu, . / i*fc 1 20 Act for the relief of, . . 27 To draw for monies appropriated for roads, w * k'iP'i- . 11 38 May compound for damages sustained in opening new roads, . .25 41 Prohibited from selling certain Fort Lands, - . . . 1 64 May commute Fort Lands in opening new streets, , . . 2 64 MINISTER OF PUBLIC INSTRUCTION, To circulate act to regulate the number of Representatives of the People 5 25 MEETING, On board of Foreign vessels in port, 23 NEWSPAPERS, License for, abolished, 1 28 o OFFENSES, Different degrees of certain, may be tried under one indictment . 1 35 P PARKE, WM. C. Joint Resolution for the relief of, 66 PASSPORTS, Amendment of law relating to, 1 j*J 13 PERSONAL ACTIONS, Act to limit time of commencing, *#,H 47 POLICE COURTS, Powers and duties of, . . 47 10 May issue summons in suits to recover possession of land, 2 42 Deprived of jurisdiction in cases of lar- ceny in the second degree, < v't 1 51 Transcript from docket of, evidence, 2 54 10 74 INDEX. SESS. PRISONS, SEC. PAGE. Law relating to, amended . . 8 21 R REGISTRAR OF CONVEYANCES, Fees of for searching records, . 1 53 REPRESENTATIVES OF THE PEOPLE, Apportionment of, . [ o^i . 24 REVENUE LAWS, Disposition of property confiscated for violation of, ... 45 ROAD SUPERVISORS, How, and when elected . . . f * 5 37 To have direction of public labor on roads, bridges &c. 6 37 To collect and disburse road tax, ... 7 38 May appoint deputies, . b *ol 8 38 To render annual reports, . , . 9 38 Compensation of, . . .w. t 10 38 To expend appropriations for roads, 11 38 Liability of, 1940 12 38 May sue for unpaid road tax, -, 13 39 Cannot compel persons to labor more than five miles from their residence, 14 39 Power of, over persons at labor, . 15 39 . , May commute for road tax, . . l<> 39 Duty of, towards successors in office, 17 39 May be dismissed on complaint, . 18 39 To direct persons at labor, . . 19 ( 39 Duty of, in opening new roads and bridges, ... 22 40 ROAD TAX, Prescribed, . . > roi 1 37 Commutation for, . ni iii< 2 37 Who are liable to, . . . 3 37 Who are exempt from, 4 37 By whom collected and disbursed, 7 38 Amount of, to be reported, annually, 9 38 Persons liable to. labor for, may find substitutes, ^.^ 20 40 Liability for, attaches where, lu 9 21 40 s SAND, And coral, on Gov't reefs, made free, 1 32 SECRETARY AT WAR, Appointment of, provided for, &c. . I 36 To account for disbursements made for military purposes ; "Uj j 1 57 Authorized to dispose of superfluous and useless arms, . . 67 1853. INDEX. 75 SEPARATION, SEC. PAGE. From bed and board, K'i"- J "?ti~> 62 63 STATUTE OF LIMITATIONS, Of personal actions, . i -V>nj 47 SUPREME COURT, Consists of a Chief Justice and two as- sociate Justices, . t r t f | -'ip k 1 3 Justices of, their tenure of office and compensation, - . v//sl 1 3 Jurisdiction of, . 2 3 Chief Justice of, shall be the Chancellor of the Kingdom, -iil i '.&*' l '<'jd'' 4 4 Justices of, their powers at chambers, 4 4 Has the general superintendance of all inferior Courts, . ... 5 4 May issue writs of error, certiorari mandamus, &c. &c. 6 4 May do whatever is necessary to carry into effect the powers given to it by the constitution and Laws, . 7 4 May make rules for regulating the prac- tice therein ... 8 4 Practice in, . . 9 to 15 5 To hold four terms every year, . 16 6 May hold special terms, 16 6 To be held at the Court House in Hon- olulu, unless otherwise ordered by the King, . . . 17 6 When neither of the Justices of, is pres- ent the Clerk may adjourn from day to day, . . . 18 6 Justices of, their salaries, 20 6 Clerk of, by whom appointed, . 4 21 7 Justices of, to inspect the doings of the Clerk of the Court, 26 7 Appeals to, ... 48 11 Or any Justice of, may grant divorces, 1 58 ) 11 60 i Or any Justice of, may decree separa- tion, .... 24 63 T TONNAGE DUES, Amendment of the law relating to, . 15 TRIAL BY JURY, Provided for, . . . 51 It V VESSELS, Amendment of law regulating charges on , 15 76 INDEX. SESS. 1853. VESSELS, Continued, SEC. PAGE. Whaling, alteration of laws respecting, 1 16 May be searched for deserters, . 22 1 Of war, not subject to search, ,$nj 1 22 Commanding Officers of, may not refuse access to Police Officers, . 2 22 Mutiny on board of, in port, <#o; 23 Whaling, permits for, . r4 i 1 29 Deserters from, law respecting, . 52 w WRIT, Of possession, when issued by District Courts, . . . f/cij 7 5 43 1853. PUBLIC HEALTH. 77 AN ACT RELATING TO THE, PUBLIC HEALTH. Approved, May 16th, 1853. WHEREAS, The Small-Pox is believed to exist in this Kingdom, and humanity and a just regard to life require that all who are affected with that disease should receive strict care and attention, and where- as it is desirable that the disease shall not extend through the Isl- ands : BE IT ENACTED, By the King, the Nobles and the Representatives of the Hawaiian Islands in Legislative Council assembled : SECTION 1. That there shall be appointed by the King, with the as- sent of the Privy Council, a Commission consisting of three persons who shall act without pecuniary reward, "upon whom shall devolve all the powers and duties intended and expressed in the Act of 8th May, 1851, entitled a law establishing a Board of health with power to extend the same to all parts of this Kingdom, in person or through their agents," and who are hereby authorized and empowered to pro- vide for all persons, sick with the small-pox, suitable medical atten- dance, food, lodgings and clothes, at the expense of the Hawaiian Government, and to make and publish such regulations for the public health as they may think wiseand expedient, and enforce them by fines or otherwise through the Courts. SECTION 2. For the purpose of carrying into effect the foregoing section a majority of the Commission thereby constituted are hereby authorized and empowered to draw from the Public Treasury such funds as may be necessary ; and the Minister of Finance is hereby authorized and empowered to pay their drafts out of any monies be- longing to the Government, provided their draft is accompanied with an account current showing the objects for which the money has been used and satisfactory vouchers. SECTION 3. In case any monies are expended to provide for the 78 PUBLIC HEALTH. 1853. sick brought to this Kingdom in vessels from abroad, it shall be the duty oPthe Commission hereby constituted to demand the same of the Captain of the vessel bringing sick persons into the Kingdom, and unless the same is paid upon request, the Collector of Customs shall not grant a clearance to such vessel until the same is paid, and the master shall be liable therefor, and may be sued for the same in the Courts of this Kingdom. SECTION 4. This law shall take effect upon its passage and shall continue in force until the passage of a new law relating to the pub- lic Health, and all laws or parts of laws inconsistent herewith are hereby repealed. University of California SOUTHERN REGIONAL LIBRARY FACILITY 405 Hilgard Avenue, Los Angeles, CA 90024-1388 Return this material to the library from which it was borrowed. 18. OCT05 000 192 833 2 -^-^^^ \jniversity Southern