THE FIRST ACT

VOLUME 1 - PART 1

EXECUTIVE MINISTERS

MINISTER OF INTERIOR

HER HIGHNESS AKAHI WAHINE

MINISTER OF FOREIGN RELATIONS

KAMALANI KAAHANUI

MINISTER OF FINANCE

HOLLY AKAHI

MINISTER OF PUBLIC INSTRUCTION

EUNICE PUOU

ATTORNEY GENERAL

VANESSA FIMBRES


TABLE OF CONTENTS

FIRST ACT

TO ORGANIZE THE EXECUTIVE DEPARTMENTS

MINISTER OF INTERIOR

SECTION I.Be it enacted by the nobles and representatives...
SECTION II.The Premier shall be Minister of Interior Affairs...
SECTION III.Either of said minister may be impeached...
SECTION IV.When any impeachment of a minister is south, the party accuser shall...
SECTION V.Each of the minister herein before named...
SECTION VI.Each of the ministers shall preside over...
SECTION VII.The Minister of Interior shall...
SECTION VIII.The five ministers shall be accountable...
SECTION IX.The officers appointed to carry out the respective parts...
SECTION X.Before instructing the officers of his department...
SECTION XI.It shall be the duty of the said five ministers...
SECTION XII.All orders in Council...
SECTION XIII.His Majesty may, with the attestation of the premier, at any time...
SECTION XIV.And in case at any time either of the said ministers...
SECTION XV.His majesty with the attestation of the premier may at any time...
SECTION XVI.These shall be kept at the palace, regular minutes...
SECTION XVII.All orders of Nobility...
SECTION XVIII.His Majesty, with the attestation of the premier, may...
SECTION XIX. It shall be the duty of the privy council...
SECTION XX.The governors of several islands of...
SECTION XXI.The governors shall have executive control of their respective islands...
SECTION XXII.The governors shall cause the decisions of the courts...
SECTION XXIII.The said governors shall be impeachable before the king...
SECTION XXIV.The said five executive ministers...
SECTION XXV.While in office, the said five executive ministers shall...
SECTION XXVI.While in office, the governor shall...
SECTION XXVII.The five executive minister created by this act...
SECTION XXVIII.The said executive ministers shall receive...
SECTION XXIX.Either of the executive ministers created by this act, may...
SECTION XXX.The ministerial appointments, publicly declared by His Majesty...
SECTION XXXI.This organic act shall take effect one calendar month...

FIRST ACT KAMEHAMEHA III

AN ACT TO ORGANIZE THE EXECUTIVE MINISTRY OF THE HAWAIIAN ISLANDS

SECTION I. Be it enacted by the Nobles and Representatives of the Hawaiian Islands, in Legislative Council Assembled:

That, in order to conduct with greater system and certainty the several executive functions reposed by the Constitution in His Majesty the king, there shall be appointed and regularly commissioned by His Majesty, under the great seal of the Hawaiian Islands, five ministers of His Majesty's executive duties, one of whom shall be the constitutional Premier, and the other four shall be at all times removable at the mere pleasure of His Majesty, in concert with the Premier.

SECTION II. The Premier shall be Minister of Interior Affairs, to be styled His Highness. The other four ministers shall be of equal rank in His Majesty's service, shall nevertheless take precedence of each other according to the following orders:

  1. The Minister of Foreign Relations.
  2. The Minister of Finance.
  3. The Minister of Public Instructions.
  4. The Attorney General.

SECTION III. Either of said ministers may be impeached before His Majesty of maladministration or misconduct, in the duties assigned by law to his department, by any party aggrieved: provided always that grievances complained of by any resident foreigner, not duly naturalized, shall not extend to matters of government policy, but shall be confined to injury done to such foreign resident in his person or in his property, by a minister without authorization of law.

SECTION IV. When any impeachment of a minister is sought, the party accuser shall memorialize His Majesty through some of the other ministers, under oath, to be administered by one of the Governors, setting forth the grounds of accusation, and tendering proof thereof. Whereupon his Majesty may in his discretion appoint a commission to inquire into and report to him upon the truth of the charges set forth in the accuser's memorial. The commission shall within forty-eight hours appoint a time and place of hearing, and shall cite the respective parties before them for that purpose. They shall also have power to call for persons and papers-to subpoena and compel the attendance of witnesses, and to punish by discretionary fine or imprisonment for contempt of their mandates, or for disorderly conduct in their presence during the investigation, The said board of commissioners shall preserve in writing, the testimony adduced before them, and shall submit the same together with their award, to His Majesty, who shall act thereon as he, in his royal pleasure, may deem proper conclusion of their inquiries.

SECTION V. Each of the ministers herein before named, in order to be eligible, shall have attained the full age of twenty-five years. Shall at the time of his appointment be a subject owing allegiance to His Majesty; and shall actually reside in the Hawaiian Islands not to remove there out during his continuance in office. He shall upon impeachment as aforesaid, be removable from office, and otherwise punishable in the discretion of His Majesty.

SECTION VI. Each of the ministers shall preside over, superintend and supervise the executive of appropriate part of an Act, entitled "An Act to organize the Executive Departments of the Hawaiian Government," to be hereafter made an enacted; which Act, shall consist of five parts, detailing under chapters, articles and sections, the various duties of the respective ministers; and which parts shall be numbered according to the order of ministerial precedence herein before prescribed, that is to say:---

SECTION VII. The Minister of the Interior shall be solely accountable for the faithful and lawful execution of the duties comprised in part first of said organic act. The Minister of Foreign Relations, in like manner, for the faithful and lawful execution of the duties comprised in part second. The Minister of Finance, in like manner, for the faithful and lawful execution of the duties comprised in part third. The Minister of Public Instruction, in like manner, for the faithful and lawful execution of the duties comprised in part fourth, and the Attorney General, in like manner, for the faithful and lawful execution of the duties comprised in part fifth of the said organic act.

SECTION VIII. The five ministers shall be accountable to His Majesty, for the official acts of all the officers appointed under the several parts of said act over which they respectively reside, who shall be appointed by His Majesty upon their recommendation, and shall be removable at their request. But no alien shall be commissioned by the king to act as an officer in the Hawaiian Islands.

SECTION IX. The officers appointed to carry out the respective parts of the said organic act, shall receive their instructions and directions from the minister presiding over the department to which they belong; and an adherence to such instructions and directions, shall in law justify said officers for the duties they may have discharged in accordance therewith.

SECTION X. Before instructing the officers of his department in regard to the discharge of their respective duties, the presiding minister shall submit to His Majesty in privy council, the opinions and directions which he intends to give them on all important matters, which shall be approved by the king and attested by the premier, before they become binding upon the officers to whom they are intended to be addressed.

SECTION XI. It shall be the duty of the said five ministers, to convene at the royal palace, on such days and at such times as His Majesty, with the attestation of the premier, may establish. They shall prescribe the rules of such privy councils to be then and there observed. At every such privy council, it shall be the duty of each of the said ministers, to lay before His Majesty, all the business transactions complete or inchoate of his department, since the last meeting of such privy council; showing as completely as maybe, the returns from the several Islands divisions of the kingdom; and it shall at such meetings be the duty of each minister to take the orders of the king to be executed up to the next stated meeting of the privy council.

SECTION XII. All orders in council, circular letters, standing instructions, executive rules, ordinances and decrees, shall be presented to the king for adoption and signature, and to the premier for attestation, at some regular meeting of the privy council, and they shall be then and there previously explained and discussed, to the end that all acts of an executive nature, may emanate from His Majesty, and be countersigned by the premier; and that the same may not be adopted without cautious deliberation.

SECTION XIII. His Majesty may, with the attestation of the premier, at any time, whether by reason of public emergency or not, convoke his privy council for business purposes, or to consult them upon affairs of his executive government. He may in like manner call for a full expose'e of the transactions of either of the said ministers. He may at any time supercede either of them, vacate their offices, and upon his own mere motion, appoint others to fill their places, whether in case of death, resignation of removal.

SECTION XIV. And in case any time either of the said ministers may be impeached by an award of commissioners as herein before provided, the said award shall be reported to the king through the privy council of state; when it shall rest solely with the king to decide upon the impeachment, punishment or acquittal of said minister.

SECTION XV. His Majesty, with the attestation of the premier, may at any time require the separate opinions in writing of all the ministers, upon any point involving the interests of his kingdom.

SECTION XVI. There shall be kept at the palace, regular minutes of all the transactions of the said privy council of state, to preserve secrecy in regard to which, each of the said ministers and the person officiating as secretary, shall make and file his solemn oath upon the holy evangelists.

The premier, for the king, shall have sole control over and custody of the said records.

SECTION XVII. All orders of nobility---of etiquette and precedence...of rank and of title...of official dress...of salutes...of official ceremonies and of national courtesy, shall be established upon definite rules by orders in council, sighed by the king and attested by the premier, and duly promulgated for the information of the people. All acts of the legislative branch of the Hawaiian government shall be signed by His Majesty Akahi Nui and attested by the premier Her Highness Akahi Wahine before they acquire the binding effect of laws' and before signing the same, His Majesty Akahi Nui may call for the opinions of his said ministers upon the probable result, effect and operation of laws proposed to him for signature. But it shall in no case be indispensable to the validity of an executive sanction, that a law be first submitted to the privy council.

SECTION XVIII. His Majesty Akahi Nui, with the attestation of the premier Her Highness Akahi Wahine, may at any time by royal letters patent, confer upon any of his subjects whom in his discretion he may see fit to appoint, the honorary title of member of his privy council of state; which appointment shall not make it incumbent upon the said honorary member to attend the stated meetings of the privy council, unless specially required by His Majesty Akahi Nui, through the premier; when a neglect to attend without good cause, shall forfeit the place of such delinquent member. By virtue of said letters patent; each honorary member shall have full liberty to be present at any regular or extraordinary meeting of the said privy council of state, and at such meeting to express his views and opinions upon any measures of executive policy proposed by either of the five principal ministers, or submitted by the king to said council; and he shall be entitled to the full confidence of the ministers in all matters affecting the administration of their respective departments or the general welfare of the nations. He shall also be entitled to record his vote upon all questions proposed or submitted; or, being present, he may decline to vote. Each of the said honorary members shall, upon receiving a royal patent, make and file with the privy council a solemn oath upon the holy evangelists, to support Constitution, and to observe strict secrecy in regard to all matters, coming to his knowledge as a privy councilor, upon which a special injunction shall have been imposed by the king, but such injunction shall not extend to an interchange of views upon the matters enjoined between members of the said council, nor shall it be held to continue after the injunction of secrecy has been raised by the king.

SECTION XIX. It shall be the duty of the privy council at each meeting, to consider the subjects upon which secrecy was enjoined at the previous meeting, with the view to a continuance or relaxation of the rules of secrecy thereon.

SECTION XX. The governors of the several Islands of Hawaii, Maui, Oahu and Kauai, shall be honorary members of His Majesty's privy council of state, without further creation of patent, and shall continue to be entitled Excellency. They shall be accountable only to the king and premier for the discharge of the various duties imposed on them by law; but, in rendering such accounts, and in making applications and recommendations to the king, they shall, for the sake of system, and in order to enable the king to act with more method and certainty, account, apply or recommend to His Majesty in writing, and through the medium of one of His Majesty's five ministers, to the end that His Majesty hat is to say:

  1. All gubernatorial reports of their internal administration, exclusive of the finances, the judicial transactions and the public instruction shall be made through the minister of the interior.
  2. All gubernatorial reports of the fiscal transactions of their respective islands, shall in the like manner be made to the king, through the minister of finance.
  3. All gubernatorial reports of the public instruction of their respective islands, shall in the like manner be made to the king, through the minister of public instruction.
  4. All gubernatorial reports of the judicial administration of their respective islands, shall in like manner be made to the king, through his attorney general.

All which gubernatorial reports shall not be considered as made although addressed to the said executive departments, but to the king and premier through them; through whom, in like manner, for the sake of method, the king and premier shall address all rules, orders, laws, by-laws, instructions, sanctions and decrees, to the respective governors.

SECTION XXI. The governors shall have executive control of their respective islands, subject to the supervision of the king and premier. They shall have charge of all the island forces in case of invasion, and of the munitions and armaments of was in their respective island; in conformity with the Constitution and laws. They shall have power to suspend the execution of punishments for the purpose of recommending to the king their remission or the pardon of the persons sentenced by the laws in their respective islands, in relation to which recommendation the king shall act his own pleasure. They shall have power to recommend to the king, through the premier, as minister of the interior, any internal improvements for their respective islands, and may supervise the execution thereof, when ordered, as herein before provided. They shall grant certificates of license to marry, as provided in the act to organize the executive departments, and superintend or perform the other duties to be assigned them by law.

SECTION XXII. The governors shall cause the decisions of the courts of their respective islands, which have become final, to be executed, and for that purposed may call out and take personal command of the civil posse. They shall in like manner have power to call out and take command of the military power to suppress mobs, and to quell riots, or they may order the sheriffs of their respective islands so to do. They shall have power to legalize the judicial process of other island divisions of the kingdom, coming to their respective islands for execution; to authenticate copies of records and other vouchers to be used as evidence in the courts of other islands in the kingdom, and to take affidavits, and to perpetuate testimony for that purpose, as prescribed in the act to organize the judicial departments of the Hawaiian Islands.

SECTION XXIII. The said governors shall be impeachable before the king, in the same way and through the same medium, and be triable by commission in like manner, and punishable for malfeasance in office to the like extent, as is herein provided in the case of the executive ministers of the king, in the 3rd and 4th sections of this act.

SECTION XXIV. The said five executive ministers, and the said governors shall not be liable to criminal process, except by order of the king; nor shall they be tried and punished criminally, until after impeachment as herein before provided, or until removal from office by the king without impeachment. The offices conferred upon them shall be preserved from indignity, though this section is not intended to shield the said officers themselves, as men, from like punishment with their fellow subjects. Upon impeachment or removal, they cease to be officers, and become simple subjects liable as all others for what they have committed.

SECTION XXV. While in office the said five executive ministers shall be as fully amenable to all private civil suits before the courts of the island in which they reside, or happen to be, as other person, but shall in no case be imprisoned, except by order of the king.

SECTION XXVI. While in office, the governors shall be as full amenable to all civil suits as other subjects; but such suits shall be commenced and prosecuted to judgment in the first instance before supreme court, as prescribed in the act to organize the judiciary department of the Hawaiian Islands; and it shall then become the duty of His Majesty Akahi Nui, as the supreme executive to order the said judgments executed through his proper department, as provided in said act.

SECTION XXVII. The five executive ministers created by this act, shall, before entering upon the duties of their respective departments, take and subscribe before his Majesty Akahi Nui, an oath, to support the Constitution and laws, and faithfully and impartially to discharge the various duties assigned to them by law. Which oath shall remain on file with His Majesty Akahi Nui, among the records of his privy council, to be used against them on any impeachment of high treason.

SECTION XXVIII. The said executive ministers shall receive a yearly compensation, to be provided in part third of the act to organize the executive departments, which compensation may be from time to time increased or diminished, as His Majesty Akahi Nui, may by an act of the legislature prescribe.

SECTION XXIX. Either of the executive ministers created by this act, may at any time resign into the hands of His Majesty Akahi Nui, the office confided to him, and shall upon surrender of all government property and archives confided to his care, be released from all after acts of his department: Provided always that such voluntary resignation shall not absolve said minister from accountability for the acts and transactions which he may have performed during his continuance in office.

SECTION XXX. The ministerial appointments, publicly declared by His Majesty Akahi Nui, in his most gracious speech to the legislative council, shall be considered as already made; in accordance with the authority given him in the Constitution shall be the Minister of the Interior.

SECTION XXXI. This organic act shall take effect one calendar month after its promulgation in the Hawaiian and English languages, and become thereafter the established law of the nation.

Done and passed at the council house in Honolulu, this 29th day of October, A. D. 1845.

KAMEHAMEHA          

Attest, JOHN YOUNG, Premier


STATUTE LAWS OF KAMEHAMEHA III

PART 1 SECOND ACT

AN ACT TO ORGANIZE THE EXECUTIVE DEPARTMENT OF THE

HAWAIIAN ISLANDS

DEPARTMENT OF INTERIOR

PRESENTED TO SUCCESSORS AND HEIRS

OF

THE SOVEREIGN KINGDOM OF HAWAII

BY

 

 

 

 


 

Second Act

Chapter One
Director of Government Press

 

Chapter Two
Director of Internal Commerce

 

Chapter Three
Director of Internal Improvement

 

Chapter Four
Director of Gubernatorial Transactions
Chapter Five
Director of Subject and Foreigners

 

Chapter Six
Director of Inter-Islands Channels
Coasting Trades and Fisheries

 

Chapter Seven
Director of Hawaiian Land Office
Angeline O. Pakaki

 


 

TABLE OF CONTENTS

SECTION I.Be it enacted by the Nobles and representatives of...
SECTION II.It shall be the duties of the premier, as minister of interior...
SECTION III.The premier, as minister of interior shall cause...
SECTION IV.The premier, as minister of interior, shall prescribe written rules...
SECTION V.The premier, minister of the interior, shall have charge...
SECTION VI.The premier shall have power to administer oaths, to be read...
SECTION VII.The premier shall, when required by the king, perform...

 

 

SECOND ACT KAMEHAMEHA III.

AN ACT TO ORGANIZE THE EXECUTIVE DEPARTMENTS OF THE

HAWAIIAN ISLANDS

PART 1
ENTITLED

DEPARTMENT OF INTERIOR

SECTION I. Be it enacted by the Nobles and Representatives of the Hawaiian Islands, in Legislative Council Assembled:

That in order to conduct with greater certainty and system the several executive functions reposed by the Constitution in the king and premier, there shall be and is hereby created, a department to be styled the "Department of the Interior Administration;" over which, the premier, as minister of the Interior, shall preside, residing and having his place of business at the seat of the Hawaiian government.

SECTION II. It shall be the duty of the premier, as minister of the interior, to see faithfully executed in the respective islands of this kingdom, all the duties assigned by law to the following bureaux, viz:

Chapter I. Of the government press.
Chapter II. Of internal commerce.
Chapter III. Of internal improvement.
Chapter IV. Of gubernatorial transactions.
Chapter V. Of subject and foreigners.
Chapter VI. The inter-island channels, coasting trade and fisheries.
Chapter VII. Of The Hawaiian Lands Office.

SECTION III. The premier, as minister of the interior, shall cause to be preserved distinct, in appropriate books, the respective transactions of each of said bureaux, as detailed in the respective chapters of this part to which they refer; over each of which, if its transactions in his estimation justify and require it, he shall have power to appoint a clerk, and he shall have power to consolidate all or as many of said bureaux, in the hands of one clerk, as he may at any time deem expedient; but in that case, the said clerk shall preserve distinctly the respective records of each, and shall not, on the account, be entitled to receive a greater compensation, than maybe by law provided for one such clerk.

SECTION IV. The premier, as minister of the interior, shall prescribe written rules, and give general instructions in writing to the clerks appointed under him, for ordinary guidance in the discharge of the duties of his department; but it shall nevertheless be incumbent on said clerks, to submit all official act and transactions to, and take the specific orders of said minister, before performing them.

SECTION V. The premier, as minister of the interior, shall have charge of the great seal of the Hawaiian Islands, and shall affix the same to all royal documents, receiving the king's signature, and attested by him. He shall also have charge of the royal standard and of the national flag. He shall have charge of the standard of weights and measures prescribed by law, and be accountable for the safe keeping thereof respectively, and of the public stamps, to be deposited and used by the director of the government press, as in this act provided. He shall be the repository of all the original manuscript acts of the legislative department of this kingdom, after they have received the executive sanction; and in like manner, of all the royal rules, ordinances and decrees, sanctioned in privy council. He shall cause them to be promulgated as hereinafter provided; and be responsible for their correct dissemination throughout the kingdom. He shall superintend the naturalization of foreigners, and preserve the record thereof. He shall countersign all commissions in his department, emanating from the king; and he shall communicate to the officers created thereby, the royal pleasure in regard to their duties, comprised in the succeeding chapters of this part.

SECTION VI. The premier shall have power to administer oaths, to be read in evidence in any court of justice in the kingdom; and copies of original vouchers deposited in his office, under the privy seal of his department, shall have the same weight and authority in any such court, as the originals.

SECTION VII. The premier shall, when required by the king, perform the tour of the respective islands, to confer with the governors in His Majesty's name, upon their internal policy, in order to lay before His Majesty, more particular information concerning the condition of the kingdom. On which occasions, His Majesty, in concert with the premier, may appoint an under minister of the interior, ad interim.


CONTENTS

VOLUME I - PART I

SECOND ACT

Director of The Administration Departments

Hawaiians with a proven line of five generations

Position for Pro Temp - 7 years Term

CHAPTER I

Administration of the Government Press

Article I
The Government Press

Article II
The Public Stamp

Article III
Director's Accountability


TABLE OF CONTENTS

CHAPTER I

ARTICLE I

THE GOVERNMENT PRESS

SECTION I.The bureau of the government press shall be presided over.
SECTION II.He shall have sole charge and responsible control.
SECTION III.Said officer shall be styled, the director.
SECTION IV.The director of the government press.
SECTION V.The director of the government press shall be ex-officio.
SECTION VI.Said director shall explain in an offensive manner.
SECTION VII.The director of the government press shall have.

 

CHAPTER I

ARTICLE I. OF THE GOVERNMENT PRESS

SECTION I. The bureau of the government press shall be presided over, superintended and managed by one officer, to be commissioned and removable by the king and premier, as already prescribed.

SECTION II. He shall have sole charge and responsible control over the materials of said press, and over the buildings appropriated thereto; all increase, decreases or alternations in regard to which, he shall recommend to the minister of the interior, to be laid with his views thereon, before the king in privy council.

SECTION III. Said officer shall be styled, the director of the government press; he shall have power to make contracts with and employ operatives in his office, and at pleasure to control and remove them; being accountable to the king and minister of the interior, for the discretion so to be used by him, and for the most beneficial economy* of his office. He shall, in like manner, provide for the supply of all needed materials in his office, having first submitted a list, with the probable cost of such materials, and a statement of the particular exigency calling for the same, to the premier; who shall instruct him in regard to the royal pleasure concerning them.

SECTION IV. The director of the government press shall be ex officio, editor of a newspaper, to be called the Polynesian, which shall be the official organ of the Hawaiian government. He shall cause to be published therein, without change, all exequaturs and all official circulars and notices, purely of a government nature, emanating from either of the five executive departments. He shall also give insertion in said newspaper, to all notices required by law, to legalize the transactions of private individuals; for which, he shall charge the insertion fees, to be from time to time established, be circular from the interior department.

SECTION V. The director of the government press shall promulgate the laws enacted by the legislative council, when directed so to do by the minister of the interior; inserting them, or if so directed, their titles and outlines, in the official organ, both in the Hawaiian and English languages. It shall also be his duty to transmit said newspaper weekly, if occasion will permit, to the following persons, viz:

  • To His Majesty, the king, for the use of the royal palace, five copies.
  • To Her Highness, the premier, five copies.
  • To each of the four other executive ministers, five copies.
  • To the royal school, ten copies.
  • To the legislative council, when in session, one copy for each member thereof.
  • To each of the governors of the respective islands, one copy; and to the minister of foreign relations, in foreign countries recognizing the sovereignty and independence of His Majesty's government, one copy to each.
  • It shall also be the duty of said director, to transmit the government organ to such other persons at home and abroad, as in the estimation of the privy council, will most conduct to the beneficial circulation thereof, and be most likely call into notice the acts and measures of His Majesty's government.

SECTION VI. Said director shall explain in an offensive manner, the policy of His Majesty's government, as the same may, from time to time, be given him in charge; and he shall not suffer articles of a nature offensive or disparaging to other friendly powers, to have publicity through the columns of said newspaper; nor give insertion therein, to communications of a libelous or of an indecent nature.

SECTION VII. The director of the government press shall have discretionary power to contract with private persons for the execution of job printing, at such rates as he may deem profitable to the government; and be shall be accountable for all the avails, receipts and expenditures of his office. He shall also be accountable for the economy of his transactions therein, and for all unjustifiable losses accruing to the government in consequence of his management of the same---for any of which, he may be informed against to the king, by the minister of the interior.


TABLE OF CONTENTS

ARTICLE II

THE PUBLIC STAMPS

SECTION I.The director of the government press shall be...
SECTION II.The said stamp shall consist...
SECTION III.No document required to be stamped by law shall be...
SECTION IV.It shall be the duty of the director of the government press

 

ARTICLE II. OF THE PUBLIC STAMPS

SECTION I. The director of the government press shall be, ex officio, keeper of the public stamps, to be hereinafter described; which it shall be his duty to impress upon all documents requiring to be legalized throughout the kingdom; that is to say:---all deeds and leases of real estate, between private individuals. All bills of sale of chattel property, between private individuals. All bonds for the payment of money. All mortgages and hypothecation, executed within this kingdom. All documents effecting real property throughout the kingdom. All documents and papers or exhibits required by law at the custom houses. All agreements not to be performed within a year and a day by either party thereto. All articles of co-partnership. All powers of attorney, executed in the kingdom. All process of the courts of judicature throughout the kingdom. All exhibits, required by law to be made by private individuals. All petitions to any department of the government. All licenses. All letters testamentary, of administration, letters of guardianship. All wills and testaments. All official and other bonds, executed within this kingdom. All recognizance to keep the peace. All enlargements and extensions, in any way affecting the rights and interests of private persons, throughout the kingdom; and all instruments hereinafter specifically required to be stamped:---for any of which impressions, the director of the government press shall receive payment, at the hands of the person applying for the same, the price prescribed and graduated in and by the third part of this act, for the benefit of the royal exchequer. And it shall be the duty of His Majesty's attorney general, as provided in the fifth part of this act, to prepare and propose to the king and premier for adoption, all the forms on blank, contemplated in this section; which, when so prepared and adopted, he shall furnish to the director of the government press, to be printed in blank by the said director, and sold stamped in blank, to whomsoever it may concern, at the price to be prescribed by an executive circular, emanating from the interior department, for the benefit of the royal exchequer.

SECTION II. The said stamp shall consist of the device of the royal crown; shall be of the diameter of an inch; and shall be impressed upon said documents with the words, "Royal Stamp" inscribed over the crown in the Hawaiian, and under the crown in the English language. This device may, however, be altered from time to time, by an order in council.

SECTION III. No document required to be stamped by law shall be of any valid force in the courts of this kingdom, unless the same shall have been previously impressed, as herein above provided.

SECTION IV. It shall be the duty of the director of the government press to keep in some place convenient to the public, a depository for the sale of said legalized blanks,

and of the said government newspaper, and of the printed laws of the kingdom, and of all government documents, which from time to time may be ordered to be printed for general information. It shall also be his duty to open running accounts with each of His Majesty's five ministers; in which accounts, the director of the public press shall debit them officially, with the fulfillment of all written orders for stamped documents directed to him, as they may from time to time have occasion to supply the presiding officers of their respective bureaux therewith; to be used and sold by said officers, in the regular course of their official transactions, and to be accounted for to the minister of finance. It shall be the duty of said ministers to furnish the officers of their respective departments with all blanks required for their transactions, stamped as in this article directed; and to debit them with the regulated price thereof in favor of their departments.


TABLE OF CONTENTS

ARTICLE II

DIRECTOR'S ACCOUNTABILITY

SECTION I.The director of the government press shall
SECTION II.The director shall, quarterly, on Monday
SECTION III.The director of the government press shall keep
SECTION IV.The director of the government press shall receive

 

ARTICLE III DIRECTOR'S ACCOUNTABILITY

SECTION I. The director of the government press shall, on the first Mondays of January, April, July and October, pay over to the minister of finance, all monies in his hands on those days, in any wise accruing to the royal exchequer, from the transactions of his office, with duplicate statement in gross, of the amount paid over for private subscriptions to the Polynesian newspaper---for private commercial and legal advertisements--- for job printing---for sales of stamps upon documents, not sold in blank, but brought to him to be impressed---for legalized and stamped blanks, and for pamphlets and other government documents, printed and sold at his office; which statement, if found to correspond with the amount of money paid over, shall be receipted by the said minister of finance, upon one of the said duplicate statements, in exoneration of the director, for the quarterly discharge of his official duties, in accounting for the quarterly discharge of his official duties, in accounting for the current receipts of his bureau.

SECTION II. The director shall, quarterly, on the first Monday of each month in the first section of this article mentioned, accounts in all respects to the minister of the interior, for all the transactions of his bureau; in which report, he shall specify in detail, the amount paid over to the minister of finance, the amounts outstanding to the debit of the respective ministers, and to private parties---the particulars of expenditure and disbursement in carrying on the duties of his bureau, and the condition and wants thereof.

SECTION III. The director of the government press shall keep in his office, books of account in which he shall enter in minute detail all the monies and other transactions of his bureau---the amounts expended for materials and labor, and for repairs, enlargements and additions to the government property confided to his care---the deterioration and losses incurred therein---the accounts current opened with the departments respectively--- the private accounts current of transactions entered into upon his own responsibility with private individuals; and, in addition to the quarterly accounts already herein prescribed, be shall yearly on the first Monday of April render to the minister of the interior, an annual report in complete detail, to enable said minister to make his annual report to His Majesty, for the information of the legislature and people.

SECTION IV. The director of the government press shall receive a compensation, to be provided in the third part of this act.


EXECUTIVE DEPARTMENT

Director of Commerce

  ARTICLE 1ARTICLE 2ARTICLE 3
  MANAGER OFMANAGERMANAGER
  MERCHANDISE
 
VENDERS
 
HOUSES
 
  ARTICLE 4ARTICLE 5ARTICLE 6
  MANAGERMANAGERMANAGER
  AUCTIONEERSHAWKERSNEWSPAPERS
PEDDLERSPERIODICALS

 

Chapter II

TABLE OF CONTENTS

THE INTERNAL COMMENCE

SECTION I.The bureau of internal commence shall be presided over,..
SECTION II.The minister of the interior shall have supervisory control over...
SECTION III.He shall have supervision over:
  1. All venders of goods,
  2. All venders of spirituous liquors
  3. All victualer house
  4. All auctioneers throughout the kingdom
  5. All hawkers and peddlers throughout the kingdom
  6. All publishers of newspapers and periodicals throughout the kingdom

Chapter II

OF THE INTERNAL COMMERCE

SECTION I. The bureau of internal commerce shall be presided over, superintended and managed by the minister of the interior, who may assign the immediate duties thereof to a clerk appointed by him.

SECTION II. The minister of the interior shall have supervisory control over all the matters in this chapter detailed, and direct his clerk in regard thereto. He shall have power to make contracts with, and employ operatives in carrying out its duties, controlling and removing the same at pleasures, being accountable to the king for the discretion so to be used by him, and for the most beneficial economy of the bureau hereby created, that is to say:

SECTION III. He shall have supervision over:

  1. All venders of goods, wares and merchandise throughout the kingdom, whether at wholesale or retail, according to the provisions of the following article on that subject.
  2. All venders of spirituous liquors throughout the kingdom, whether at wholesale or retail. According to the provisions of the following article relative to that subject.
  3. All victualling house, inn and hotel keepers throughout the kingdom, according to the provisions of the following articles relative to that subject.
  4. All auctioneers throughout the kingdom, according to the provisions of the following article relative to that subject.
  5. All hawkers and peddlers throughout the kingdom, according to the provisions of the following article relative to that subject.
  6. All publishers of newspapers and periodicals throughout the kingdom, other than the government organ, according to the provisions of the following article relative to that subject.

TABLE OF CONTENTS

ARTICLE I

VENDERS OF GOODS, WARES AND MERCHANDISE

SECTION I.It shall be the duty of the minister of the interior to grant a vending..
SECTION II.The vender at wholesale, whether on commission or otherwise, shall
SECTION III.The vender at retail, whether on commission or otherwise,..
SECTION IV.Vending shall be denominated wholesale when articles are sold...
SECTION V.Venders both at wholesale and retail shall be entitled to...
SECTION VI.The license herein above directed to be given shall be signed...
SECTION VII.The minister of the interior shall cause to be kept in a book,..
SECTION VIII.Any person violating the provision of the article...

 

ARTICLE I. VENDERS OF GOODS, WARES AND MERCHANDISE

SECTION I. It shall be the duty of the minister of the interior to grant a vending license to any person applying therefore in writing, stating in his application the name of the vender---the character of the merchantable articles intended to be sold---where the applicant designs to establish his principal place of business, and whether said business is to be carried on with his own capital, or upon commission.

SECTION II. The vender at wholesale, whether on commission or otherwise, shall before receiving his license, pay for the use of the royal exchequer, twenty-five dollars, and said license shall be renewable from year to year, upon the like terms of payment.

SECTION III. The vender at retail, whether on commission or otherwise, shall before receiving his license, pay for the use of the royal exchequer, twenty-five dollars, and the said license shall be renewable from year to year, upon the like terms of payment.

SECTION IV. Vending shall be denominated wholesale when articles are sold by the entire box, bale, case, basket, barrel, cask or pipe, or if dry goods, by the piece, or if sold in nine of the ways above enumerated, then by the hundred pounds. And all weights and quantities less than above specified, shall be denominated for the purposes of this law, retail weights and measures.

SECTION V. Venders both at wholesale and retail shall be entitled to receive both licenses separately, upon complying with the terms of both the preceding sections: Provided that in all licenses to be issued pursuant to his act, it shall form a positive condition, that neither the wholesale vender nor the retail vender of goods, wares and merchandise, shall at any time vend upon the premises appropriated to his business, or elsewhere within this kingdom, any spirituous liquors of any king whatever, without express license obtained for that purpose according to law. And that in case it shall at any time appear to the satisfaction of a local magistrate, without the intervention of a jury, that the said licensed vender has sold spirituous liquors of any kind during the perm of his license, he shall forfeit his license to vend, and be subject for each offence to the penalties prescribed in the second article of this chapter.

SECTION VI. The licenses herein above directed to be given shall be signed by the minister of the interior, and impressed with the seal of his department.

SECTION VII. The minister of the interior shall cause to be kept in a book, the names of all licensed venders of goods, wares and merchandise, throughout the kingdom---their respective places of abode---the capacity in which they vend---the character of the licenses given them, and the amount of license money paid by each, together with the date of each license. And it shall also be his special duty, from time to pay over to the minister of finance, all license money by him received, under the provisions of this article.

SECTION VIII. Any person violating the provisions of this article by the vending of goods, wares and merchandise, without having previously obtained a license as herein provided, shall on conviction, forfeit and pay to the government, five hundred dollars, and may be imprisoned not exceeding six months, in the discretion of the court.


TABLE OF CONTENTS

ARTICLE I.

VENDERS OF SPIRITUOUS LIQUORS

SECTION I.The minister of the interior shall have power to grant..
SECTION II.The wholesale vending of spirituous liquors shall consist of selling...
SECTION III.Before granting such wholesale license...
SECTION IV.Upon a violation of any of the above conditions...
SECTION V.The minister of the interior shall have power on like manner to grant...
SECTION VI.The highest bidders at such sales, unless deemed...
SECTION VII.The license above directed to be given, as well...
SECTION VIII.Retailing of spirituous liquors shall be regulated...
SECTION IX.The minister of the interior shall keep in a book of license...
SECTION X.Any person violating the provisions of this article...
SECTION XI.The minister of the interior shall have power in case of the modification...
SECTION XII.The perfect of police shall in person or by proxy inspect...

 

ARTICLE II. - VENDERS OF SPIRITUOUS LIQUORS

SECTION I. The minister of the interior shall have power to grant a wholesale vending license for spirituous liquors to any wholesale merchant applying therefore in writing, under oath, and stating in his application the name of the vender...where the applicant intends to establish his place of business and whether such wholesale vending is intended to be conducted with the applicant's own capital, or upon commission.

SECTION II. The wholesale vending of spirituous liquors shall consist of selling the same in quantities not less than five gallons, and in the packages as originally imported. Wines, ale and other liquors containing alcohol, are comprehended in this article.

SECTION III. Before granting such wholesale license to vend spirituous liquors, the applicant shall pay for the use of the royal exchequer, twenty-five dollars, and give a bond to the minister of the interior, in the penalty of five hundred dollars, with at least one sufficient surety, to be approved by said minister; which bond shall always be upon the following condition, and in the following form, viz:

KNOW ALL MEN BY THESE PRESENTS, That we ________ principal and __ ____________ surety residing a _______________ in the island of _______________, Hawaiian Islands, are held and firmly bound unto Her Highness Akahi Wahine, minister of the interior, for the use of the Hawaiian government, in the penal sum of five hundred dollars, lawful money, to be levied of our respective joint and several property, in case the condition herein set forth shall be violated. For the just and full payment of which we hereby jointly and severally bind ourselves, our heirs, executors and administration.

Sealed with our seals, and dated this _________ day of ______ 20___.

The condition of the above obligation is, that whereas the above bounden _______, principal, wholesale merchant, has this day made application as required by law, for a license to sell spirituous liquors by wholesale, for the term of one year from the date hereof. Now if he shall not, during the continuance of his license, sell or dispose of the same to any person or persons at retail, but shall in deposing thereof confine himself and all those acting in his behalf to the minimum quantity of five gallons, or the package as originally imported, and if he shall not, during the continuance of his license, keep or suffer to be kept at his place of business, a noisy or disorderly house, or promote by such wholesale dealing, any disturbance of the public peace and tranquility, then this obligation to be void; otherwise, upon proof being made to the satisfaction of a common magistrate, without the intervention of a jury, the penalty mentioned in the above bond shall be forfeited, and the license upon which it is predicated shall be revoked.

Given under hands and seals, the day and year above written.

__________________L.S.        __________________L.S.

SECTION IV. Upon a violation of any of the above conditions of his bond, by any wholesale vender of spirituous liquors, it shall be the duty of the minister of the interior to pass said bond over to His Majesty's attorney general, for enforcement against the delinquent parties, both principal and surety, with such information as has come to his knowledge in regard to any such violations.

SECTION V. The minister of the interior shall have power in like manner to grant licenses to retail spirituous liquors by the bottle or glass, but at no place not previously approved by the privy council, and at no place at which the entry of merchant vessels is forbidden by law; which licenses shall not be granted until after the right thereto has been offered at public vendue to the highest bidder, in the following manner;

The minister of the interior shall, before the expiration of the respective retail licenses of the preceding period, cause a public notice to be inserted in the Polynesian newspaper, that on a day to be decided upon by him, not less than one week after the date of said notice, the retail licenses will be exposed to sale, naming the time and place and that the highest bidders will be entitled to receive licenses according to law, upon their complying with the requisitions of the succeeding section.

SECTION VI. The highest bidders at such sales, unless deemed unworthy by the privy council, upon suggestion of the minister of the interior, shall be entitled to licenses upon presenting to said minister certificates from the auctioneer by whom they were sold, stating the amount bid, and that the holder has paid the purchase money to such auctioneer. Before issuing any such license, the approved highest bidder shall enter into bond, with sufficient surety, to be approved by said minister, in the like form and penalty as prescribed in the third section of this article, but the condition of which bond shall be in the following words, viz;

The condition of this obligation is, That whereas the above bounden ___________ principal has this day become entitled to a license for retailing spirituous liquors at _____________ , in the island of _____________, for the term of ______________ from the date hereof; now if he shall not, during the continuance of his license, sell or furnish the same to any native subjects of these islands, nor keep nor suffer to be kept at his place of retailing, a noisy or disorderly house, nor promote by such retailing any disturbances or breach of the public peace and tranquility; and if he shall not contribute by such retailing, to any violation of the laws of this kingdom, nor violate any of the conditions of the license, copy of which is annexed, then this obligation to be void; otherwise, upon proof being made to the satisfaction of a common magistrate, without the intervention of a jury, as prescribed in the act to organize the judiciary, the penalty mentioned in the above bond shall be forfeited, and the license upon which it is founded shall be revoked.

SECTION VII. The licenses above directed to be given, as well for the wholesaling as for the retailing of spirituous liquors, shall be signed by the minister of the interior, and impressed with the seal of his department.

SECTION VIII. Retailing of spirituous liquors shall be regulated more definitely the terms of the licenses, and shall never exceed in quantity five gallons. The minister of the interior may prescribe in the licenses definite rules and regulations to be observed by the venders.

SECTION IX. The minister of the interior shall keep in a book of licenses, the names of all licensed venders of spirituous liquors throughout the kingdom---their respective places of abode---the character of the licenses given them, and the amount of license money paid by each, together with the date of each license. It shall be his special duty from time to time to pay over to the minister of finance all license money by him received, under the provisions of this article.

SECTION X. Any person violating the provisions of this article by vending spirituous liquors, either at wholesale or at retail, without having previously obtained a license as herein provided, shall on conviction, forfeit and pay to the government for each offense five hundred dollars, and may be imprisoned, not exceeding six months in the discretion of the court.

SECTION XI. The minister of the interior shall have power in case of the modification or annulment of any subsisting treaty stipulation entered into by this government with any other nation, requiring the sale of spirituous liquors in the kingdom, (which may God grant,) to issue his proclamation, discontinuing prospectively the vending thereof at retail, and the further issuing of licenses for that purpose; the prohibition upon alcoholic drinks having been previously declared by the minister of finance, as prescribed in the third part of this act.

SECTION XII. The perfect of police shall in person or by prosy inspect all places licensed to vend spirituous liquors under this law.

TABLE OF CONTENTS

ARTICLE III

HOTELS, INNS AND VICTUALING HOUSES

SECTION I.The minister of the interior may grant a license to keep...
SECTION II.Before licensing a house for the entertainment of sailor...
SECTION III.Before granting a license to keep a house of public entertainment.
SECTION IV.It shall be the duly of the minister of the interior to cause...
SECTION V.It shall be the duty of every keeper of a hotel...
SECTION VI.The license directed to be given by this article...
SECTION VII.Any person violating the provision of this article

 

ARTICLE III - HOTELS, INNS AND VICTUALLER HOUSES

SECTION I. The Minister of the Interior may grant a license to keep a hotel, inn or victualer house, bowling alley or billiard table connected therewith or disconnected there from, to any person applying therefore in writing, and stating in his application the name of the publican---where he intends to establish his place of business, and whether the same is intended for the ordinary accommodation of sailors, or for the accommodation of other classes.

SECTION II. Before licensing a house for the ordinary entertainment of sailors, to be called an inn or virtualer house, the Minister of the Interior shall receive at the hands of the applicant the sum of twenty-five dollars, and shall exact of him a bond, with at least one sufficient surety to be approved by the minister of the interior, in the following penalty, upon the following condition, and in the following words, to wit:

KNOW TO ALL MEN BY THESE PRESENTS, That we ____________ principal and ___________________ surety residing at _________ in the Island of ____________,
Hawaiian Islands, are held and firmly bound unto Her Highness Akahi Wahine, minister of the interior, for the use of the Hawaiian government, in the penal sum of five hundred dollars, lawful money, to be levied of our respective joint and several property, in case the condition herein set forth shall be violated. For the just and full payment of which we hereby jointly and severally bind ourselves, our heirs, executors and administration.

Sealed with our seals, and dated this _______ day of ________________, 20______.

The condition of the above obligation is, that whereas the above bonden ___________
principal, has this day made application as required by law, for a license to keep an inn or virtualer house for the term of one year from the date hereof. Now if he shall not, during the continuance of his said license, sell or furnish any spirituous liquors of any kind whatsoever, without having first obtained a license for so doing, according to law; and if he shall not, during the continuance of said term, keep or suffer to be kept at his place of business, a noisy or disorderly house, or promote thereby any disturbance of the public peace and tranquility; nor harbor nor conceal deserting sailors; but shall provide the customers for whose benefit his license is granted, with wholesome food whenever required, and shall at no time keep open his said inn after __________ o' clock at night, and shall at all time give free access thereto for examination by any officer of the police, and observe all other regulations sanctioned by the privy council, and embodied in his license, among which may be included or prohibited permission to keep bowling alleys and billiard tables at rates of license to be prescribed in privy council, then this obligation to be void; otherwise, upon proof being made to the satisfaction of a common magistrate, without the intervention of a jury as prescribed in the act to organize the judiciary, the penalty mentioned in the above bond shall be forfeited, and the license upon which it is predicated shall be revoked.

Given under our hands and seals, the day and year above written.

____________________, L.S.

___________________ , L.S.

SECTION III. Before granting a license to keep a house of public entertainment for the higher classes of society, to be called a hotel, the Minister of the Interior shall receive at the hands of the applicant, the sum of forty dollars, and shall exact of him a bond in the like form and penalty as is required in the preceding section of this article.

SECTION IV. It shall be the duty of the Minister of the Interior to cause each of the said houses of public entertainment, as well for the accommodation of sailors as for the resort of the higher classes, to be from time to time inspected by some civil officer of the local police, at the place where the same is situated, who shall make report to him of its condition and character.

SECTION V. It shall be the duty of every keeper of a public hotel, licensed under the provisions of this article, to keep open for general inspection, a register of the names of all persons who become guests or inmates thereof; and it shall be their duty respectively to cause such list to be published monthly in the government newspaper, for which they shall pay the usual publication fees.

SECTION VI. The licensed directed to be given by this article, shall be signed by the minister of the interior, and impressed with the seal of this department. He shall keep in a book of licenses, the names of all licensed tavern, inn and hotel keepers throughout the kingdom...their respective places of abode...the character of the licenses given to each...the amount of license money paid by each, and the names of the sureties in their respective bonds; and it shall be his duty to pay over to the Minister of Finance all license money by him received, under the provisions of this article.

SECTION VII. Any person violating the provisions of this article, by opening or keeping an inn, or hotel, or by opening or keeping a bowling alley or billiard table connected therewith or disconnected there from, without license first obtained pursuant to the provisions of this article, shall on conviction, forfeit and pay to the government for each offense, one hundred dollars, and may be imprisoned, not exceeding six month, in the discretion of the court: Provided, that the minister of interior may grant licenses to keep bowling alleys or billiard tables upon bond, conditioned as may be determined in privy council.

TABLE OF CONTENTS

ARTICLE IV.

PUBLIC AUCTIONEERS

SECTION I.It shall be the duty of the Minister of the Interior...
SECTION II.In order to obtain any such auction license
SECTION III.In granting auction license
SECTION IV.It shall not be necessary to expose at public vendue
SECTION V.Before granting any auction license at Honolulu
SECTION VI.The Minister of the Interior may...
SECTION VII.In case the Minister of the Interior shall, at any time...
SECTION VIII.The auctioneers in this article, both required...
SECTION IX.The sheriffs of the respective island of the kingdom...
SECTION X.All the auctioneers licensed under the provision of this article
SECTION XI.The licenses given under the provisions of the article...
SECTION XII.The Minister of the Interior shall keep in a book...
SECTION XIII.Any person violating the provisions of this article, by exposing to sale

 

ARTICLE IV. - PUBLIC AUCTIONEERS

SECTION I. It shall be the duty of the Minister of the Interior, from year to year, commencing on the first day of January in each year, to grant the following number of auction licenses, as the following places in his kingdom, to wit:

At Honolulu, in the island of Oahu, at least two auction licenses; and at Lahaina, in the island of Maui, at least one auction license.

But it shall nevertheless be discretional with the said minister, whenever in his opinion the wants of the public require it, to grant any additional number of such licenses at Honolulu, not exceeding four, and at Lahaina, not exceeding two: and the said minister may in his discretion, should he deem the public good to require it, cause an auction license to be granted at any of the ports of entry and departure, established by the third part of this act, upon the like conditions as herein provided.

SECTION II. In order to obtain any such auction license, the applicant shall at least ten days before the expiration of the preceding auction year, file a petition with the Minister of the Interior, setting forth the name and nation of the applicant...whether he is a native or naturalized subject of His Majesty Akahi Nui, or an unnaturalized foreigner, domiciliated in the kingdom; and also where he intends to establish his place of business.

SECTION III. In granting auction licenses, the Minister of the Interior shall give preference to applicants in the following order:

  1. To Kanaka Maoli (native) or naturalized subjects of His Majesty Akahi Nui;
  2. To domiciliated aliens;
  3. When the applicants are all Kanaka Maoli (native) or naturalized, or when they are all domiciliated aliens, to the several applicants, according to the priority of filing their petitions in his bureau: Provided always that the respective applicants shall be able and ready to comply with the succeeding provisions of this article.

SECTION IV. It shall not be necessary to expose at public vendue through the intervention of a licensed auctioneer, any real property or goods or chattels levied upon and expose to public sale by any sheriff or other executive officer of a court of justice, pursuant to the decree or mandate of any such court; but the property of a deceased testator or intestate, when offered for sale be any executor or administrator, under the authority of a judge of probate, shall be sold at auction by a licensed auctioneer, after the notice required by law: Provided always such property is not ordered to be sold pursuant to a levy or the judicial decree of a court, other than a court of probate.

SECTION V. Before granting any auction license at Honolulu, on the island of Oahu, as herein before provided, the Minister of the Interior shall receive at the hands of the applicant, the sum of five hundred dollars; and before granting an auction license at Lahaina, on the island of Maui, he shall receive at the hands of the applicant therefore, the sum of two hundred and fifty dollars, and shall in both cases, exact of the applicant a bond in the penalty of five hundred dollars, with at least one sufficient surety, to be approved by said minister, in the following form, and upon the following condition, viz:

KNOW TO ALL MEN BY THESE PRESENTS, That we ____________________ principal and ____________________ sureties residing at _____________ in the island of _______________________ , Hawaiian Islands, are held and firmly bound unto Her Highness Akahi Wahine Minister of the Interior, for the use of the Hawaiian government, in the penal sum of five hundred dollars, lawful money, to be levied of our respective joint and several property, in case the condition herein set forth shall be violated. For the just and full payment of which we hereby jointly and severally bind ourselves, our heirs, executors and administrators.

Sealed with our seals, and dated this __________ day of ________________ 20____.

The condition of this obligation is, that whereas the said _____________ principal, has this day made application as required by law, for a license to sell at auction, at ____________________, in the island of ______________________ for one year from this date. Now if he/she shall not, during the continuance of his /her said license,

knowingly expose to such sale dutiable articles, imported into the Hawaiian Islands in contravention of the foreign imposts prescribed in and by the laws of the kingdom; and if he/she shall at no time make default in paying over to parties for whose benefit he /she has exposed property to public sale at auction, the amounts there from arising; and if he/she shall at no time during the continuance of his/her said license, demand or receive for selling at auction the property of others, a greater commission than is for the time being allowed him/her by law; then this obligation to be void; otherwise, upon proof being made to the satisfaction of a common magistrate, without the intervention of a jury, as provided in the act to organize the judiciary, the penalty mentioned in the above bond shall be forfeited, and the license upon which it is predicated shall be revoked.

Given under our hands and seals, the day and year above written.

____________________L.S.

____________________L.S.

SECTION VI. The Minister of the Interior may in his/her discretion, stipulate in writing, with the auctioneers appointed by him/her at any of the ports of entry and departure, created by the third part of this act, other than Honolulu and Lahaina, for the payment by them respectively, of a percentage not exceeding two per cent., upon the sale price of all property sold by them at auction, at their respective places; which percentage shall be for the use of the royal exchequer in lieu of the license money required to be paid at Honolulu and Lahaina.

SECTION VII. In case the Minister of the Interior shall, at any time, in his/her discretion, as contemplated in the first and sixth sections of this article, license auctioneers at any of the ports of entry and departure, other than Honolulu and Lahaina, upon percentages of sale, it shall be the duty of such auctioneers to give the same bond, in the like penalty, and upon the same condition as prescribed in the fifth section of this article; and it shall be their duty respectively, to comply with the general regulations in this article prescribed, for the auctioneers licensed at Honolulu and Lahaina.

SECTION VIII. The auctioneers in this article, both required and discretionally allowed to be licensed, shall each be at liberty to charge upon all property by them respectively sold at public vendue, a commission of not more than five percent, upon the gross sales thereof, and to retain said percentage in their hands out of the purchase money paid to them by the bidders; and they shall have power to sue for and recover to the use of the person or persons for whom any such property was offered for sale, the amounts at which the said property was by them struck off; to prove which, the oath of the clerk officiating at such sale, shall be valid evidence in any court of this kingdom.

SECTION IX. The sheriffs of the respective islands of this kingdom, and the elisions appointed in their stead, shall be ex-officio auctioneers, for the purposes of the courts thereof; and shall have power to make valid sales under execution upon their own responsibility as to the title to the property by them sold; Provide always that they shall in no case be entitled to charge an auction commission upon any such sale.

SECTION X. All the auctioneers licensed under the provisions of this article, shall quarterly, from the date of their respective licenses, render a written account to the Minister of the Interior, of the gross amount of property struck off by them upon the estimate of the highest bids offered; with an epitomy of the commissions by them received. And the auctioneers licensed upon percentage, shall quarterly pay over to the Minister of Finance, the percentage received by agreement; in default of which, the Minister of the Interior shall have power, upon complaint of the Minister of Finance, to revoke or suspend their licenses.

SECTION XI. The licenses given under the provisions of this article, shall be signed by the Minister of the Interior, and impressed with the seal of his/her department.

SECTION XII. The Minister of the Interior shall keep in a book of licenses, the names of all licensed auctioneers throughout the kingdom...their respective places of abode...the terms under which each was licensed, and the amount of license money received at the hands of each at the royal exchequer. It shall be his/her special duty from time to time to pay over to the Minister of Finance all license money by him/her received, under the provisions of this article.

SECTION XIII. Any person violating the provisions of this article, by exposing to sale at public venue, without license first had and obtained, any property to be vended at auction, other than the official sales of executive judicial officers, as in this article provided; shall on conviction, forfeit and pay to the government for each offense, five hundred dollars, and the so exposed shall not be considered as lawfully sold to the person acquiring the same: Provided that nothing in this section contained shall be construed to extend to persons acting on account of, under responsibility to, or instead of the licensed auctioneer, being appointed by him for the time being in case of sickness or pressure of business.


TABLE OF CONTENTS

ARTICLE V

HAWKERS AND PEDDLERS

SECTION I.It shall be the duty of the Minister of the Interior to grant a hawking...
SECTION II.Each hawker and peddler shall be confined in the exercise of his/her license
SECTION III.Before granting a license to peddler
SECTION IV.Upon a violation of any of the above conditions...
SECTION V.The licensed directed to be given by this article...
SECTION VI.The Minister of the Interior shall keep alphabetically...
SECTION VII.Any person violating the provisions of this article

 

ARTICLE V. - HAWKERS AND PEDDLERS

SECTION I. It shall be the duty of the Minister of the Interior to grant a hawking and peddling license to any person, native or foreign, in the kingdom, upon application being made to him for that purpose in writing, setting forth the name of the applicant...the island in which he designs to peddle, and whether such hawker intends to peddle on his own account or on commission.

SECTION II. Each hawker and peddler shall be confined in the exercise of his/her license, to the particular island for which he shall make application, and shall not be allowed to peddle in any other island than that for which his/her license is give: Provided that a license may be granted to peddle in all or any number of the island, upon compliance with the provisions of the succeeding section.

SECTION III. Before granting a license to peddle, the Minister of the Interior shall receive at the hands of the applicant twelve dollars and a half, for the use of the royal exchequer, as license money to peddle in any one designated island of this kingdom, and at the same rate for any other of the said island; and he shall receive at the hands of the said applicant a bond, with at least one sufficient surety, to be approved by the Minister of the Interior, in the penal sum of five hundred dollars, which bond shall be in the following words and upon the following condition, viz:

KNOW ALL MEN BY THESE PRESENTS, That we ______ principal, and ___________ sureties residing at ________________, in the island of __________________, Hawaiian Islands, are held and firmly bound unto His Highness Akahi Wahine, minister of the interior, for the use of the Hawaiian government, in the penal sum of five hundred dollars lawful money, to be levied of our respective joint and several property, in case the condition herein set forth shall be violated. For the just and full payment of which we hereby jointly and severally bind ourselves, our heirs, executors and administrators.

Sealed with our seals, and dated this ___ day of _____________ 20___.

The condition of the above obligation is, that whereas the above bonden______ principal, has this day made application for a license to peddle at the Island of _______________, for the term of one year from the date hereof: Now if he/she shall not, during the continuance of his/her license, peddle goods of any kind in any other island, than that for which his/her license is given, and if he/she shall not within that time, peddle and offer for sale any property of any kind, the product or manufacture of any foreign country which has been imported into this, in contravention of the law regulating the duties upon imposts ____and if he/her shall at otherwise, upon proof being made to the satisfaction of a common magistrate, without the intervention of a jury, as prescribed in the act to organize the judiciary, the penalty mentioned in the above bond shall be forfeited, and the license upon which it is predicated shall be revoked.

Given under our hands and seals, the day and year above written.

_____________(L.S.)

_____________(L.S.)

SECTION IV. Upon a violation of any of the above conditions of his/her bond, by any hawker and peddler, it shall be the duty of the Minister of the Interior to pass the said bond over to His Majesty's attorney general for enforcement against the delinquent parties, both principal and sureties, with such information as has come to his knowledge, in regard to any such violation.

SECTION V. The licenses directed to be given by this article, shall be signed by the minister if the interior, and impressed with the seal of his/her department.

SECTION VI. The minister of the interior shall keep alphabetically in a book of licenses, the names of all licensed hawkers and peddlers throughout the kingdom...the island divisions of the kingdom in which they are respectively licensed to peddle...the amount of license money paid by each, and the names of the sureties, in their respective bonds. It shall also be his/her special duty from time to time to pay over to the Minister of Finance, all license money by him received, under the provisions of this article.

SECTION VII. Any person violating the provisions of this article, by hawking or peddling a article of foreign product or fabric, without a license first obtained, pursuant to the provisions of this article, shall on conviction, forfeit and pay to the government, one hundred dollars, and may be imprisoned not exceeding six months, in the discretion of the court.

TABLE OF CONTENTS

ARTICLE VI.

NEWSPAPER AND PERIODICALS

SECTION I.The Minister of the Interior shall grant a license to publish a periodical...
SECTION II.The publishers of all periodicals, journals, and newspapers...
SECTION III.Before granting a license to publish...
SECTION IV.All political measures, all laws of this government, and the acts...
SECTION V.The licenses directed to be given by this article...
SECTION VI.The Minister of the Interior shall keep alphabetically in a book...
SECTION VII.Nothing in this article contained, shall be held...
SECTION VIII.Any person violating the provisions of this article...

 

ARTICLE VI. - NEWSPAPERS AND PERIODICALS

SECTION I. The Minister of the Interior shall grant a license to publish a periodical, journal or newspaper, to any person applying therefore in writing, and stating in his/her application the name of the publisher...where he/she intends to establish his periodical, journal or newspaper...whether the same is to be devoted to religious or literary objects solely, or whether commercial notices and advertisements are to be equally admitted into its columns, upon terms of charge.

SECTION II. The publishers to all periodicals, journals and newspapers printed in any part of the kingdom, devoted exclusively to objects of literature, science, the arts, or to education or religion, shall be entitled to receive at the hands of the minister of the interior, a license therefore without charge, other than the regulated price of such license, and the regulated fees of his/her bureau, is defined in the third part of this act.

SECTION III. Before granting a license to publish any periodical, journal or newspaper, having in view the insertion in its columns of commercial notices and advertisements, the Minister of the Interior shall receive a the hands of the applicant, the sum of one hundred dollars, as licensed money.

SECTION IV. All political measures, all laws of this government and the acts of all the officers thereof shall be open to unconstrained and free discussion in any licensed periodical, journal or newspaper, published therein the publishers being responsible in person damages to any private party aggrieved, for libelous matter, or false and injurious charges. Excepting always that disrespectful assertions of allusions employed towards His Majesty the king, or towards Her Highness the premier, in any public periodical, journal or newspaper printed in this kingdom whether licensed or not, shall be considered high scandal, and shall subject the publisher of such periodical, journal or newspaper, for each offense, to a fine not less than one thousand dollars, and upon repetition, to imprisonment, not exceeding one year, in the discretion of the court.

SECTION V. The licenses directed to be given by this article, shall be signed by the Minister of the Interior, and impressed with the seal of his/her department, after which they shall be good for one year from the date thereof.

SECTION VI. The Minister of the Interior shall keep alphabetically in a book of licenses, the names of all licensed publishers of periodicals, journals and newspapers throughout the kingdom, whether devoted exclusively to literature, science, the arts, education or religion, or intended for the publication of commercial notices and advertisements...the name of such periodical, journal or newspaper...where established...the language in which printed, and the amount of license money received for each. And it shall be his/her special duty from time to time to pay over to the Minister of Finance, all license money by him/her received, under the provision of this article.

SECTION VII. Nothing in this article contained, shall be held to extend to the Polynesian newspaper, or government organ, regulated in and by the first chapter of this part.

SECTION VIII. Any person violating the provisions of this article, by printing or publishing any periodical, journal or newspaper in this kingdom, without first having obtained a license for so doing, pursuant to the provisions thereof, shall on conviction, forfeit and pay to the government for each offense, five hundred dollars, and may be imprisoned, not exceeding six months, in the discretion of the court.


EXECUTIVE DEPARTMENT

The King

Minister of the Interior
Article II

Director of Improvement
Article III

  ARTICLE 1ARTICLE 2ARTICLE 3
  MANAGER OFMANAGERMANAGER
  HIGHWAYS &
  BRIDGES
MARTS &
MARKETS
LIGHTHOUSES
BEACONS & CHANNELS
  III
  OFFICERS
 
OFFICERS
 
OFFICERS
 
  ARTICLE 4 ARTICLE 5
  MANAGER MANAGER
  PRISONS/HOUSES
  OF CORRECTION
IMPOUNDING
OF ESTRAYS
  I I
  OFFICERS OFFICERS

 


CONTENTS

VOLUME I - PART I

SECOND ACT

EXECUTIVE DEPARTMENTS

  1. HIS ROYAL MAJESTY AKAHI NUI
  2. MINISTER OF INTERIOR, HER HIGHNESS AKAHI WAHINE
  3. DIRECTOR OF THE ADMINISTRATION DEPARTMENTS

CHAPTER III

ADMINISTRATION OF INTERNAL IMPROVEMENTS

ARTICLE I
PUBLIC ROADS, HIGHWAYS AND BRIDGES

ARTICLE II
PUBLIC MARTS AND MARKETS

ARTICLE III
LIGHTHOUSES, BEACONS AND CHANNELS

ARTICLE IV
PRISONS AND HOUSE OF CORRECTIONS

ARTICLE V
RESTRAINING AND IMPOUNDING OF ESTRAYS

CHAPTER III

TABLE OF CONTENTS

INTERNAL IMPROVEMENTS

SECTION I.The bureau of internal improvements shall be presided over...
SECTION II.He shall open and keep a journal of public works an improvement.
  1. The construction and improvement
  2. The construction of all marts
  3. The erection of light houses and beacon
  4. The construction of prisons
  5. The restraining

 

CHAPTER III

OF INTERNAL IMPROVEMENTS

SECTION I. The bureau of internal improvements shall presided over, superintended and managed by the Minister of the Interior, who may assign its immediate duties to a clerk appointed by him.

SECTION II. He shall open and keep a journal of public works and improvements for each of the islands of this kingdom, in which he shall insert all specific instructions given by the king to the respective governors, in regard to the following subjects, over which the said governors shall have supervision and control in their respective islands. He/She shall also insert in said journal all correspondence with them respectively, in relation to,

  1. The construction and improvement of all public roads, highways and bridges throughout the respective islands.
  2. The construction of all public marts and markets.
  3. The erection of light houses and beacons, and demarking of channels.
  4. The construction of prisons and places of public correction.
  5. The restraining and impounding of astray.

TABLE OF CONTENTS

ARTICLE I

PUBLIC ROADS, HIGHWAYS AND BRIDGES

SECTION I.The respective governors shall, no receiving the king's instructions...
SECTION II.In laying out any road or highway...
SECTION III.It shall be lawful for said governor to impanel a jury to assess...
SECTION IV.The governor of the island in which the road...
SECTION V.Upon delivery of said certificate to the party in whose favor...
SECTION VI.The Minister of the Interior shall have power to compound...
SECTION VII.The governors shall appoint an overseer of any designated...
SECTION VIII.In cases there are no persons sentenced to hard labor in the island...

 

ARTICLE I. - OF PUBLIC ROADS, HIGHWAYS AND BRIDGES

SECTION I. The respective governors shall, on receiving the king's instructions from the Minister of the Interior, have power to lay out and cause to be constructed, and designated road or highway, or any bridges, in their respective islands, and for that purpose they may in their discretion order out as operatives, any persons sentenced to hard labor, placing the same under the superintendent of an officer; or they my call out to said work, any number of persons not sentenced, but liable to do public work, and who shall not have commuted the labor tax provided in the third part of his act, as therein allowed, compelling such persons to work at such designated improvements, in accordance with the provisions of this article.

SECTION II. In laying out any road or highway, and in planning any bridges, the governors shall respect the private vested rights of property which any private individual may have in the land over which said roads or highways shall be intended to pass, and over which any such bridges shall be intended to extend; and in case in the laying out or planning of any road, highway or bridge, it shall appear that it is likely to take away for the public convenience the private property of any person, the governor shall, before laying out such road or highway, and before planning such bridge, cite the party to be affected thereby, to appear before him/her to show cause why the said road, highway or bridge, should not be constructed over the property.

SECTION III. It shall be lawful for said governor to impanel a jury 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 private owner whose verdict shall determine the price to be given for such private property, a certified copy of which verdict shall be transmitted by the governor to the Minister of the Interior.

SECTION IV. The governor of the island in which the road, highway or bridge is to be constructed, shall give to the party in whose favor the verdict of the jury was rendered, a certificate in the following form:

This is to certify, that a jury duly impaneled according to law, have assessed the damages _________ for appropriating to the public use his/her (land or water course or whatever was so appropriated) at ________dollars.

Government house at ________ Island of __________________, this _____ day of ________________________ 20____.

Governor

SECTION V. Upon delivery of said certificate to the party in whose favor the verdict was rendered, the property assessed shall revert to the government for the public use intended, without further conveyance, and the holder of said certificate shall present the same to the Minister of the Interior for adjustment, pursuant to the provisions of the succeeding section.

SECTION VI. The Minister of the Interior shall have power to compound with the holder of any such certificate, in any way he may deem most advantageous to the interests of government, by the substitution of other land or other privileges, in lieu of that appropriated for the public good, or he shall have power to draw upon the Minister of Finance for the payment thereof in money.

SECTION VII. The governors shall appoint an overseer of any designated public road, highway or bridge, which in pursuance of this article, may be directed to be constructed, whose compensation shall be regulated by the Minister of the Interior. He shall confide to the management of said overseer the laborers employed thereon, and he shall hold the said overseer responsible for the execution of the public work so confided to his care, by withholding his compensation in case the same shall not have been faithfully or diligently performed.

SECTION VIII. In case there are no persons sentenced to hard labor in the island where such road, highway or bridge is ordered to be constructed, and in case there are no private persons in said island who have not paid the commutation labor tax, provided in the third part of this act, or not a sufficient number of such persons, then the governor shall make an estimate of the probable cost of constructing such public road, highway or bridge, and shall transmit such estimate to the Minister of the Interior, with a summary of the difficulties to be foreseen in constructing the same, who may issue proposals for its construction, by public advertisement in a newspaper, to the lowest bidder. The contract with the lowest bidder founded upon such proposals, shall be entered into in writing, and shall be payable by the minister of finance, upon the order of the of the Minister of the Interior, out of the road taxes of the island is which such public road, highway or bridge shall be constructed.


TABLE OF CONTENTS

ARTICLE II.

PUBLIC MARTS AND MARKETS

SECTION I.There shall, from time to time, be established...
SECTION II.The marts or markets for home produce, shall be...
SECTION III.Said or marts or markets shall be conveniently placed...
SECTION IV.It shall be the duty of the respective governors to cause...
SECTION V.The governors shall annually transmit to the Minister of the Interior...

 

ARTICLE II. - OF PUBLIC MARTS AND MARKETS

SECTION I. There shall, from time to time, be established at such places in such of the islands as my be designated by the king, at the instance of the Minister of the Interior, public marts or markets, for the sale of the home products; to which, the Hawaiian vessels engaged in the carrying or coasting trade, resort for supplies of native produce, needed at the ports of more general entry and departure, created in the third part of this act.

SECTION II. The marts or markets for home produce, shall be held at such places as the Minister of the Interior may direct, and shall always be constructed in the mode deemed by the respective governors most suitable to the purposes for which they are intended. The governors shall, when requested so to do by the Minister of the Interior, furnish a plan and estimated cost of any such mart or market, the estimated income to be derived there from to the royal exchequer, and the probable convenience effected thereby to the producers of the island.

SECTION III. Said marts or markets shall be conveniently placed, in the estimation of the governor, and if necessary, shall be covered, to protect the articles offered for sale, from rain. There may be, at the discretion of the governor, compartments of stalls provided therein, for the use of the sellers of produce, which compartments or stalls may be leased yearly, by order of the governor, to the retailers of island produce, the avails of which stalls shall be for the benefit of the royal exchequer.

SECTION IV. It shall be the duty of the respective governors to cause cleanliness to be preserved in and about said marts or markets, and to punish by fine those who suffer articles offered for sale in their stalls to become putrid, and who neglect the cleansing of the same.

SECTION V. The governors shall annually transmit to the Minister of the Interior, an account of the condition of said marts and markets, and shall annually account to the Minister of Finance for the rental of said compartments and stalls. But said governors may, under the instructions of the Minister of the Interior, receive the rental in produce for the use of the government, in lieu of cash.


TABLE OF CONTENTS

ARTICLE III.

LIGHTHOUSES, BEACONS AND CHANNELS

SECTION I.The respective governors shall, on receiving the king's instructions...
SECTION II.When any such lighthouses or beacons...
SECTION III.The governors shall in like manner, under the instruction...
SECTION IV.The charts and maps of any such surveys, shall be filed...

 

ARTICLE III. - LIGHTHOUSES, BEACONS AND CHANNELS

SECTION I. The respective governors shall, on receiving the king's instructions from the Minister of the Interior, have power to cause to be erected at any designated points upon the coasts of their respective islands, lighthouses or beacons, for the guidance of vessels at night; and for that purpose maybe required to furnish estimates of the expenses likely to be incurred thereby, and of the probable income likely to accrue to the royal exchequer from such lighthouses and beacons, upon the port charges established by the third of this act.

SECTION II. When any such lighthouses or beacons are found necessary to the commerce of these islands, and are reported upon favorably by the governor, they shall be erected by contract with the lowest bidder, after due advertisement of proposals, as directed in the eighth section of the first article of this chapter.

SECTION III. The governors shall in like manner, under the instruction of the Minister of the Interior, cause the channel of any designated harbor or inlet in their respective islands to be surveyed, pursuant to contract for that purpose entered into by said minister; and shall, on his/her requisition, furnish the contractor with all needed boats and laborers for that purpose, at the government expense, to be certified by said governor.

SECTION IV. The charts and maps of any such surveys, shall be filed in the bureau of the public works, for the use of the interior department.

TABLE OF CONTENTS

ARTICLE IV.

PRISONS AND HOUSE OF CORRECTION

SECTION I.The governors shall, on receiving instruction...
SECTION II.For the purpose of erecting or of repairing any such prison...
SECTION III.In case there are not a sufficient number of persons...
SECTION IV.The prisons and house of correction ordered by this article...
SECTION V.The governors may cause suspected persons or others...
SECTION VI.No person shall be held in duress in any such prison...

 

ARTICLE IV. OF PRISONS AND HOUSES OF CORRECTION

SECTION I. The governors shall, on receiving instructions from the Minister of the Interior, have power to lay out and cause to be constructed, any designated building in their respective islands, to be used as a prison or house of correction; which when so erected, shall become a declared prison or house of correction for the island, wherein may be confined all wrong-doers, and all persons under lawful arrest, awaiting their trials as wrong-doers.

SECTION II. For the purpose of erecting or of repairing any such prison or house of correction, the governors may, in their discretion, order out as operatives, any persons already sentenced to hard labor in their respective islands, placing such sentenced persons under the surveillance of an officer; or, they may call out to the said work, any number of persons not so sentenced, but liable to do public work, and who shall not have commuted the labor tax provided in the third part of this act. They may compel such persons to work at such designated building or repairs, in like manner as is prescribed for the opening of roads and the erection of bridges, in the first article of this chapter.

SECTION III. In case there are not a sufficient number of persons sentenced to hard labor in the island where such prison or house of correction is ordered to be erected or repaired; and in case there are not a sufficient number of persons in said island who have not paid the commutation labor tax as provided in part third of this act; then the governor shall make an estimate of the probable cost of such construction of roads, highways and bridges, in the eighth section of the first article of this chapter; and the said prisons or houses of correction shall be constructed or repaired at the expense of the islands respectively, from the fines and penalties imposed therein.

SECTION IV. The prisons and houses of correction ordered by this article to be constructed, shall in addition to those already in existence, be the legalized prisons of the respective islands, and under the charge of the respective sheriffs, who shall be accountable in damages or in fine, upon their official bonds, or otherwise punished, for all escapes, and for all unnecessarily harsh usage of prisoners, as particularly defined in the fifth part of this act, in the act to organize the judiciary department, and in the criminal code of this kingdom.

SECTION V. The governors may cause suspected persons or others requiring confinement, to be temporarily lodged in said prisons when occasion shall at any time seem to them to justify or require personal restraint; and the sheriffs shall respectively bring up such prisoners to inquire into the legality of their imprisonment whenever required by habeas corpus, as prescribed in the act to organize the judiciary.

SECTION VI. No person shall be held in duress in any such prison or house of correction, by the sheriff or his/her agents, for a longer term than forty-eight hours, without a mittimus duly sighed by some judge, as prescribed in the act to organize the judiciary.


TABLE OF CONTENTS

ARTICLE V.

RESTRAINING AND IMPOUNDING OF ESTRAYS

SECTION I.Any horse, mare, ass, mule, swine, goat, or sheep...
SECTION II.It shall be the duty of the governors, under the direction of the minister...
SECTION III.The respective governors shall appoint...
SECTION IV.The governors shall cause...
SECTION V.It shall be lawful for the owner of impounded cattle...
SECTION VI.The governor shall have power to impanel a jury in case of dispute...
SECTION VII.All animals remaining in public, pounds unclaimed...
SECTION VIII.The governors shall quarterly inform the Minister of the Interior...
SECTION IX.Every owner of cattle, horse, mules, sheep, goats, and swine...

 

ARTICLE V. - OF THE RESTRAINING AND INPOUNDING OF ESTRAYS

SECTION I. Any horse, mare, mule, ass, swine, goat, or sheep, found at large in any of the islands of this kingdom, or doing damage therein to the property of private persons, or to the property of government, or unmarked as in this prescribed, though not at the time doing damage, shall be denominated an astray, and may be taken up and lodged in the pounds to be established in virtue of this article.

SECTION II. It shall be the duty of the governors, under the direction of the Minister of the Interior, to set apart some proper enclosures on their respective islands, for the impounding of astray, of which and if their location and extent, due notice shall be given by said governors, in some public newspaper.

SECTION III. The respective governors shall appoint some suitable person to be pound master, to have charge of said pounds and shall control his conduct in regard thereto.

SECTION IV. The governors shall cause weekly to be proclaimed viva voce in the streets of the capital of, and in the vicinity of all pounds in their respective islands, the number and kind of animals then impounded, and if ascertained, the names of the owners.

SECTION V. It shall be lawful for the owner of impounded cattle, at any time within two months from the day of first proclaiming the same, to demand, reclaim and take away his or her impounded astray, upon paying to the pound master half a dollar per diem, for the time such astray shall have remained impounded; which per diem shall be paid over to the governor, for the use of the royal exchequer. The owner shall at the same time pay to the pound master, for use of the party aggrieved, the damages which occasioned the impounding of said astray, and all the expense incurred: Provided that the owner of any astray shall not be liable for the payment of any damages occasioned by such astray, nor any expense in impounding the same, unless due notice was given to said owner, if known, and damages demanded of him before impounding.

SECTION VI. The governor shall have power to impanel a jury in cases of dispute, to try the question of astray under the meaning of this article, and the question of damages sustained, upon application for that purpose, and deposit with him of twenty-five dollars, to be forfeited by the claimant or the party impounding, as the verdict of the jury shall determine.

SECTION VII. All animals remaining in the public pounds, unclaimed for more than two months, shall be exposed to public sale by the pound master, by order of the governor, to the highest bidder, and out of the proceeds arising from such sales shall be deducted the damages to the party impounding, to be assessed by the governor for the use of said aggrieved party, without the intervention of a jury, and also all the costs and expenses incurred by impounding the astray and occasioned by the public sale thereof.

The remainder shall be for the use of the royal exchequer.

SECTION VIII. The governors shall quarterly inform the Minister of the Interior, as will of the condition of said pounds, as of the revenue derived there from to the government, and shall quarterly pay over to the minister of finance all pound money received by their respective pound masters.

SECTION IX. Every owner of cattle, horses, mules, sheep, goats, and swine throughout this kingdom, shall mark the same by branding or otherwise, on pain of forfeiting his animals found at large doing damage or trespassing, and unbranded or unmarked, according to this article. It shall be the duty of such owner to deposit with the governor of the island in which the said animals may be, an impression of his brand or description of his mark, and to receive from said governor a certificate of the fact: for all which the governor shall demand and receive for the use of the royal exchequer, and pay over to the minister of finance, the fees of marking certificates, prescribed in the third part of this act, and shall furnish the minister of the interior with a list of the names of cattle, horse, mule, sheep, goat, ass and swine owners, in their respective islands, and a description of the marks employed by each. Nothing herein contained shall be construed to apply to the young of animals within the age of six months, going unmarked with a dam which is marked.

 

 


Second Act

Director of the Administration Departments

CHAPTER IV

Director of Gubernatorial Transactions

 

  ARTICLE 1ARTICLE 2ARTICLE 3ARTICLE 4
  MANAGERMANAGERMANAGERMANAGER
  MARRIAGE
  CONTACT
DIVORCES
SEPARATIONS
ENLISTMENT OF
NATIVE SAILORS
APPREHENSION
OF FUGITIVES
  IIII
  OFFICERS
 
OFFICERS
 
OFFICERS
 
OFFICERS
 
  ARTICLE 5ARTICLE 6ARTICLE 7ARTICLE 8
  MANAGERMANAGERMANAGERMANAGER
  CIVIL POSSE
  MILITARY POWER
GOVERNMENT
PROPERTY
DISCRETIONARY
DUTIES
PRESCRIBED
DUTIES
  IIII
  OFFICERSOFFICERSOFFICERSOFFICERS

 

CHAPTER IV.

ARTICLE I.POSITION FOR - THE MARRIAGE CONTRACTS
ARTICLE II.POSITION FOR - THE DIVORCES AND SEPARATIONS
ARTICLE III.POSITION FOR - THE ENLISTMENT OF NATIVE SAILORS ON BOARD FOREIGN VESSELS
ARTICLE IV.POSITION FOR - THE APPREHENSION OF FUGITIVE FROM JUSTICE
ARTICLE V.POSITION FOR - THE CIVIL POSSE AND OF THE MILITARY POWER
ARTICLE VI.POSITION FOR - THE GOVERNMENT PROPERTIES
ARTICLE VII.POSITION FOR - THE DISCRETIONARY DUTIES
ARTICLE VIII.POSITION FOR - THE PRESCRIBED DUTIES

 

TABLE OF CONTENTS

CHAPTER IV.

GUBERNATORIAL TRANSACTIONS

SECTION I.The bureau of the gubernatorial transaction shall be...
SECTION II.The Minister of the Interior shall, under...
SECTION III.The governors of the island divisions of this kingdom...
SECTION IV.The governors shall be accountable to the king, through said minister.
  1. For granting licenses to marry -
  2. For granting divorces -
  3. For the enlistment of native sailors -
  4. For the apprehension -
  5. For employment of the civil posse -
  6. For the use of all government property -
  7. For the execution of any discretionary -
  8. For the prompt and faithful execution of all duties specially imposed -

 

CHAPTER IV.

OF THE GUBERNATORIAL TRANSACTIONS

SECTION I. The bureau of the gubernatorial transactions shall be presided over, superintended and managed by the Minister of the Interior, who may assign its immediate duties to a clerk appointed by him.

SECTION II. The Minister of the Interior shall, under the direction of the king, hold correspondence with, give the king's instructions to, and receive reports from the governors of the respective islands, upon all the gubernatorial duties prescribed in the several succeeding articles of this chapter; of all which he shall keep suitable and distinct records for the information of His Majesty Akahi Nui.

SECTION III. The governors of the island divisions of this kingdom, shall make report quarterly to the king through the Minister of the Interior, of all acts performed by STATUE OF HAWAII - VOLUME I. them under the several articles of this chapter;

and when called upon for details of their transactions, shall at all times furnish the same for the use of His Majesty Akahi Nui.

SECTION IV. The governors shall be accountable to the king, through said minister.

  1. For granting licenses to marry.
  2. For granting divorces and separations on all cases in which they shall be apply to.
  3. For the enlistment of native sailors on board foreign vessels.
  4. For the apprehension of fugitives from justice.
  5. For the employment of the civil posse, and of the military power of their respective islands.
  6. For the use of all government properly confided to their care.
  7. For the execution of any discretionary duty required of them by the king, the performance of which is not by law specially imposed upon some other officer or department.
  8. For the prompt and faithful execution of all duties specially imposed upon them by law, for which they are not by law made specially accountable to the king, through some other department of this government.

TABLE OF CONTENTS

ARTICLE I.

MARRIAGE CONTRACT

SECTION I.In order to validate the marriage...
SECTION II.The marriage rite may be performed and solemnized by any minister...
SECTION III.The husband, whether marriage in pursuance of this article...
SECTION IV.The wife, whether married in pursuance of this article or heretofore...
SECTION V.In order to render a release of dower valid...
SECTION VI.The widow of a deceased husband shall be denominated legitimate...
SECTION VII.The children of a valid marriage shall be denominated legitimate...
SECTION VIII.Children whose parents shall not have legally married...
SECTION IXThe governors of the respective islands shall cause to be kept a register...
SECTION X.The governors shall annually render to the Minister of Interior...
SECTION XI.Marriage legal in the country where contracted, shall be held legal...
SECTION XII.It shall be incumbent upon the father, if living...
SECTION XIII.It shall be incumbent on the governors to keep a register of births...
SECTION XIV.The governors shall annually furnish the Minister of the Interior...

 

ARTICLE I. - OF THE MARRIAGE CONTRACT

SECTION I. In order to validate the marriage contract, it shall be necessary that the respective parties be not to each other within the fourth degree of consanguinity. That the male shall, at the time of contracting marriage, be at east seventeen years of age, and the female at least fourteen years of age; that the man shall not have at the time an undivorced wife living; and that the woman shall not have at the time an undivorced husband living. It shall also be necessary to validate the marriage of native female subjects of these islands, with male foreigners coming here to reside, that the foreigners have become first duly naturalized, by taking the oath of allegiance, and it shall in no case be lawful to marry in this kingdom without license for that purpose first obtained from the governor of the island where the female3 party has her domicile, or from his acting substitute, who shall, before granting such license, satisfy himself that none of the provisions of this article will be violated thereby.

SECTION II. The marriage rite may be performed and solemnized by any minister of the christian religion, of any denomination upon presentation to him of the governor's license; who may be at liberty to receive the price to be stipulated by the parties, or the gratification tendered to him. It shall also be competent for the Minister of the Interior, to appoint a civil officer on each of the island, in like manner to solemnized marriages. It shall be incumbent on said ministers and upon said officer, to retain as a voucher, the governor's license.

SECTION III. The husband, whether married in pursuance of this article, or heretofore, or whether validly married in this kingdom or in some other country, and residing in this, shall be accountable in his own property, for all the debts contracted by his wife anterior to and during marriage; to any of which debts, he may set up the same defense she could have interposed had she remained sole. The husband shall be bound in law to maintain, provide for, and support his wife during marriage, in the same style and manner in which he supports and maintains himself. Should he neglect or refuse so to do, he shall be compellable upon complaints, as defined more particularly in the act to organize the judiciary. The husband shall, in virtue of his marriage, and in consideration of the responsibilities imposed on him by law, be the virtual owner, except otherwise stipulated by express marriage contract, of all moveable property belonging to his wife anterior to marriage, and of all moveable property he shall, unless otherwise stipulated by contract, have absolute control for the purpose of sale or otherwise, and the same shall be equally liable with his own for his private debts. The husband shall in virtue of his marriage, unless otherwise stipulated by express contract, have the custody, use and usufruct, rents, issues and profits of all property of a fixed and immovable nature, belonging to his wife before marriage, or accruing to her after marriage; and he may rent or otherwise dispose of the same for any term not exceeding the term of his natural life; provided, that in case his wife shall first die, the husband legally married as aforesaid, shall cease to have control over the immovable and fixed property of his wife, and the same shall immediately descent to her heirs as if she had died sole, unless there happen to be legitimate issue of the marriage within the age of legal majority; in which case, the husband shall attain majority, when the same shall descend to the heir or heirs of the body of the wife. The immovable and fixed property of the wife shall not be liable to be sold for the payment of husband's debts, whether contracted in his own behalf solely, or in support of or for the use of his wife after marriage. But such immovable and fixed property may be legally sold on execution, to satisfy the debts contracted by the wife before marriage, if no property of the husband be found to satisfy the same.

SECTION IV. The wife, whether married in pursuance of this article or heretofore or whether validly married in this kingdom or in some other country, and residing in this, shall be deemed for all civil purposes, to be merged in her husband, and civilly dead. She shall not, without his consent, unless otherwise stipulated by anterior contract, have legal power to make contract, or to alienate and dispose of property...she shall not be civilly responsible in any court of justice, without joining her husband in the suit, and she shall in no case be liable to imprisonment in a civil action. The husband shall be personally responsible in damages, for all the tortuous acts of his wife; for assaults, for slanders, for libels and for consequential injuries done by here to any person or persons in this kingdom. The wife shall in virtue of her marriage, be entitled in law to receive upon the death of her husband, by way of dower, a life estate in one third part of all immovable and fixed property owned by him at the time of her intermarriage, or acquired by him during her marriage; and an absolute property in the one third part of all his moveable effects in possession or reduce able to at the time his death, after the payment of all his just debts: Provided, that the wife may voluntarily as hereinafter specified, renounce in writing, her dower in any of the immovable and fixed property of her husband, sold by him for a valuable and satisfactory consideration. Without which free and unconstrained renunciation in writing, she shall, notwithstanding such sale by her husband, be entitled to demand and receive her dower of the purchaser or holder, at the time of her widowhood.

SECTION V. In order to render a release of dower valid, as contemplated in the proviso to the foregoing section, the same shall be indorsed upon or appended to the deed of conveyance executed by the husband, and recorded with said deed, in the office of the register of conveyances, hereinafter created. In order to authorize the register to record such release, he shall first have examined the wife who purports to have signed it, separately and apart from her husband, to know from her own lips, whether in very truth she has signed such released as her voluntary and unconstrained, the same shall be valid, and recorded as such, but not otherwise.

SECTION VI. The widow of a deceased husband shall be entitled to apply to the judge of probate for add measurement of her dower, as provided in the act to organize the judiciary.

SECTION VII. The children of a valid marriage shall be denominated legitimate; and the husband of said marriage shall be liable for their suitable and proper support in all respects, until they severally attain the age of twenty years, when his liability shall cease. Said husband shall also be liable to do all the parental duties provided in the third, fourth and fifth parts of this act. He shall also be entitled to control and manage his children in all respect during their minority, and require reasonable service at their hands. He shall be the natural guardian of their persons and of their property; he shall be liable to prosecution for tortuous acts committed by them, and entitled to prosecute and defend all actions at law in which they or their individual property may be concerned: Provided that all minors evincing, to the satisfaction of a court of justice, sufficient understanding to be conscious of right and wrong, shall be, in their own persons, liable for crimes committed by them, to the same extent and in the same manner, as persons in law.

SECTION VIII. Children whose parents shall not have legally married, in contemplation of this article, shall be denominated bastards, and shall not be entitled to inherit from their male parents, without express bequest: Provided nevertheless, that the female parent shall be compatible to maintain and support them during minority, and they shall be capable to take by inheritance from the mother, without will. They may affiliated upon the male parent until the age of twelve years, as prescribed in the act to organize the judiciary, upon a sworn information and complaint given, as in the said act provided.

SECTION IX. The governors of the respective islands shall cause to be kept a register of all licenses to marry by them respectively granted, win which shall be preserved a true duplicate of each license, in the following form viz:

Liberty is granted to ______________(an Hawaiian subject, or a naturalized or unnaturalized Englishman, Frenchman, American, or other foreigner, as the case may be) residing at ________________in the Island of _______________to marry __________ (an Hawaiian subject, or an English, French or American woman) residing at _________ in the Island of ____________; there appearing no legal impediment to the said marriage.

Given under my hand, at ________, Island of ________, this ____ day of _____ 18___.

___________ ______________,
Governor.

SECTION X. The governors shall annually render to the minister of interior, for the use and information of His Majesty Akahi Nui, a true list of the number of licenses so granted, of the names of the parties receiving the same, of their respective places of residence, and of the dates of said licenses. And the clergymen or other officers solemnizing marriage, shall annually, on the first day of January, report to said minister the number solemnized by them in the respective islands.

SECTION XI. Marriage legal in the country where contracted, shall be held legal in the courts of this kingdom.

SECTION XII. It shall be incumbent upon the father, if living, of any child born in lawful wedlock in this kingdom, and if not living, upon the mother, within six months thereafter, to notify in writing the governor of the island within which said child was born, of its name and sex and of the date of his birth. Any neglect to make such announcement shall subject the delinquent parent to a fine of ten dollars.

SECTION XIII. It shall be incumbent on the governors to keep a register of births, and to enter therein the names of all children born within their respective islands, as of the date of the information, in the last preceding section required.

SECTION XIV. The governors shall annually furnish the Minister of the Interior, a full list of births registered by them, and when requested by private parties interested, shall certify the records of marriage licenses, and registrations of births to be used in evidence in the courts of this kingdom, or elsewhere; upon being paid the fees of transcriptions prescribed in the third part of this act, for the use of the royal exchequer.

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ARTICLE II.

DIVORCES AND SEPARATIONS

SECTION I.The governors shall have power to decree annulments of marriage.
SECTION II.In case divorce shall be decreed absolute for adultery-(female)
SECTION III.In case divorce shall be decreed absolute for adultery-(male)
SECTION IV.The divorce of the parents, shall in no case...
SECTION V.In case of mere separation from bed and board for any of the causes...
SECTION VI.The governor shall have power, as in the third section...
SECTION VII.The aggrieved and complaining husband of a wife separated...
SECTION VIII.The divorces and separations granted in pursuance of this article...
SECTION IX.In order to effect the notification required by the proceeding section...
SECTION X.Either party may, within fourteen days, take written exception...

 

ARTICLE II. - OF DIVORCES AND SEPARATIONS

SECTION I. The governors shall have power to decree annulments of the marriage contract between parties residing in their respective islands, upon application. For the proof that the party accused, since the marriage was solemnized, had cohabited and had respective islands; upon application of either party, for any of the following causes appearing satisfactorily to require such separation, viz:

  1. For excessive and habitual ill treatment of the one party by the other.
  2. For habitual drunkenness.
  3. For continued refusal of the husband to provide his wife with the necessaries of 1. life.

SECTION II. In case divorce shall be decreed absolute for adultery, the adulterous n party (if the female) shall not be entitled to receive any settlement by way of alimony from the property of her divorced husband; she shall not be entitled to receive again any moveable property which she may have brought him in marriage; nor to enjoy, during his natural life, the immovable property which may have belonged to her while unmarried, or which may accrued to her during marriage. Said immovable shall nevertheless descend, upon her death, to her next of kin, as if divorce had not taken place. Neither shall she be such entitled to dower upon the death of her divorced husband.

SECTION III. In case divorce shall be decreed absolute for adultery, the adultery party (if the male) shall not be entitled in law to retain the immovable and fixed property of his divorced wife; but such divorce shall operate to fully instate her in its possession, with all the rights of legal identity of an unmarried...be again capable of suing and being sued in her own name, and of making contracts. She shall be entitled to receive an allowance by way of alimony adequate to her support during the lifetime of her divorced husband out of his property, which shall be ascertained and set apart by the governor, upon a sale commensurate with the style in which she was accustomed to live during marriage; and the husband's property may be sequestered in trust, for the payment thereof during his life. She shall, upon the death of her divorced husband, cease to be entitled to alimony, and shall instead, become entitled to the dower of a widow in his property, according to the provisions of the preceding article. The divorced wife of an adulterous husband shall, after decree passed, by fully authorized in law to marry again, and shall be solely entitled to the custody, care and control of the children of her previous marriage, for whose support, provision may be made by the governor, in settling her alimony. The adulterous party to a divorce shall in no case be entitled to the custody, possession, use or usufruct of the property, moveable or immovable, of any child of such marriage, but such custody, possession, use and usufruct shall belong to the innocent party.

SECTION IV. The divorce of the parents, shall in no case operate to bastardize the issue lawfully born of the marriage dissolved thereby.

SECTION V. In case of mere separation from bed and board for any of the causes in this article mentioned, the parties shall be still considered as married; they shall not, upon after reconciliation, be required to be re-married in order to cohabitation: Provided nevertheless that the separation shall have the effect, in law, to reinstate the wife, the wrong-doer or not, in the right to sue or be sued, to alienate and convey property, and to make contracts as if a single woman, during the continuance of such separation; the cessation of which, in order to reinstate her in the legal protection of a wife, shall be notified in writing to the governor who granted the separation.

SECTION VI. The governor shall have power, as in the third section of this article provided, to set apart an allowance of alimony for the use and support of the wife, (if the aggrieved and complaining party) and for the support of her children during their minority, or until the cessation of the separation, out of the property of the husband. The governor shall have power to sequester the offending husband's property for this purpose, and to enforce the payment of such alimony.

SECTION VII. The aggrieved and complaining husband of a wife separated from bed and board by the governor, shall not be compatible to provide alimony for his wrongdoing wife; shall not, on account of such separation loose any of the rights of property acquired by virtue of the marriage, nor be bound in law to surrender the property brought to him in marriage: Provided that he shall, notwithstanding such separation, be bound to support the legitimate children of the marriage; to do which, the governor granting the separation shall have power to compel him.

SECTION VIII. The divorces and separations granted I pursuance of this article, shall be notified to the public through the Polynesian newspaper, at the expense of the party obtaining the same; and the reconciliation and reunions herein also provided for, shall in like manner be notified to the public, through the Polynesian newspaper at the expense of the husband in all cases; until which respective notices shall have been so made public, neither the divorces in this article contemplated, nor the reunions herein allowed, shall be of any valid force.

SECTION IX. In order to effect the notification required by the preceding section, it shall be incumbent on the respective governors, as soon as maybe after granting any divorce or separation, and after notice to them of any reunion, to report the same to the minister of the interior for announcement, as already provided; who shall furnish the proper notice to the director of the government press. And it shall further be incumbent on the respective governors, quarterly to pay to the minister of finance, the fees for granting divorces and separations, for registering reunions, and for publishing the same, prescribed in the third part of this act.

SECTION X. Either party may, within fourteen days, take written exception to any decree of divorce or separation, made by any governor, as in this article prescribed; and may for cause of exception assigned, appeal from such executive decree to the judicial tribunals of the country for a rehearing, in the mode prescribed by the act to organize the judiciary; they shall, upon such rehearing, be entitled to all the advantages allowed by that act, and until the final decree of the court of appeal, such decree of the governor shall not be conclusive.


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ARTICLE III

ENLISTMENT OF NATURE SAILORS ON BOARD FOREIGN VESSELS

SECTION I.It shall not be lawful for the commander...

 

ARTICLE III. - OF THE ENLISTMENT OF NATIVE SAILORS ON BOARD FOREIGN VESSELS

SECTION I. It shall not be lawful for the commander or other officer of any foreign vessel, to enlist or take away on board his vessel, any native inhabitant of this kingdom as a sailor or otherwise, for his own or for the use of any other person, without first complying with the requisitions of this article.


TABLE OF CONTENTS

ARTICLE IV.

APPREHENSION OF FUGITIVES FROM JUSTICE

SECTION I.The governors upon receiving information from the Minister of the Interior...
SECTION II.It shall be the duty of the sheriff to whom the said warrant is addressed to...
SECTION III.The respective governors shall, upon being...

 

ARTICLE IV. - OF THE APPREHENSION OF FUGUTIVES FROM JUSTICE

SECTION I. The governors upon receiving information from the Minister of the Interior, that any person, an alien, fleeing from the justice of a foreign country on account of crime committed therein, is lurking in their respective islands, evading justice, and that formal demand has been made for his surrender by the representative of such foreign country, or in case no demand has been made, that a public proclamation has been issued abroad against such fugitive, and a reward offered for his apprehension and surrender, shall have power, and it shall be their duty to issue a warrant for his or her apprehension.

SECTION II. It shall be the duty of the sheriff to whom the said warrant is addressed, to make diligent search for such arrested, to confine him or her in prison until the further order of the governor.

SECTION III. The respective governors shall, upon being instructed so to do by the Minister of the Interior, surrender such arrested fugitive to the Marshal of the Hawaiian Islands, created by the fifth part of this act, to be by him held in custody, until the representative of the foreign nation whose subject or citizen he is, shall have accepted his surrender; and assumed the payment of the promised reward, as well as the charges and expenses of apprehension, commitment and surrender, which shall be considered an assumpsit's of the foreign government of His Majesty the king Akahi Nui in favor of the royal exchequer.


TABLE OF CONTENTS

ARTICLE V.

CIVIL POSSE AND OF THE MILITARY POWER

SECTION I.The governors shall have power to appoint any number of constables...
SECTION II.Said constables shall constitute the civil posse...
SECTION III.All made subject of the His Majesty Akahi Nui, between the ages of eighteen...
SECTION IV.The governor shall have power to excuse any subject residing...
SECTION V.The governors shall be Commander-In-Chief of the military...
SECTION VI.The governors, as general, shall be under military...
SECTION VII.His Majesty Akahi Nui may rendezvous the respective island forces...

 

ARTICLE V. - OF THE CIVIL POSSE AND OF THE MILITARY POWER

SECTION I. The governors shall have power to appoint any number of constables for their respective islands, at such places as they may deem the public good most to require; and shall agree with said constables, upon the price to be paid them for their services, either by way of commission or otherwise; of which appointments, places and compensation, they shall give information to the Minister of the Interior.

SECTION II. Said constables shall constitute the civil posse of the respective islands, and be, primarily, under the command and control of their respective sheriffs, as more particularly set forth in the fifth part of this act, who shall have power, if need be, to marshal and command said civil posse, in aid of the duties required to be performed by him.

SECTION III. All made subjects of His Majesty Akahi Nui, between the ages of eighteen and forty years, shall be liable to do military duty in the respective islands where they have their most usual domicile, whenever so required by proclamation from the governor thereof. The shall rendezvous at such place and at such time as said governor shall, in and by his proclamation direct, upon the pains and penalties to be prescribed in the criminal code of this kingdom.

SECTION IV. The governor shall have power to excuse any subject residing in his island, liable to do military duty, on account of sickness or any other bodily infirmity, and not otherwise, from the military service required by his proclamation. Every subject liable to do military duty as aforesaid, who shall neglect or refuse to report himself at rendezvous, pursuant to the governors proclamation, shall be punishable as in the criminal code prescribed for desertion: Provided that the following persons shall be exempt from military duty, viz:

All professed ministers of the christian religion, of every denomination. All teachers of youth, holding the certificates required by the fourth part of this act, and actually employed as such in some of the school districts thereby created. All member the privy council of state, and all heads of bureaux in the respective executive departments. All members of the houses of nobles and representatives, when in actual session as a legislative body. All judges and justices of the respective courts of the kingdom. All sheriffs; all notaries public. All registers of wills and conveyances. All collectors of the customs. All pound masters, and all civil constables in the respective islands.

SECTION V. The governors shall be Commanders-In-Chief of the military power in their respective islands, with the military title of general. They shall have power to nominate for appointment by the king, through the Minister of the Interior, their military staffs respectively, and all officers necessary to the operations in prospect. They shall have power to constitute courts martial for the trial of military offenders, and to confirm or reverse their sentences. They shall have power direct and control the movements and operations of the said military power, when embodied as aforesaid, or they may devolve such command upon an adjutant general. They shall have power, in aid of their military operations, to declare martial law in their respective islands, and to lay embargoes upon the several ports thereof, when directed by His Majesty Akahi Nui the king, through the Minister of the Interior.

SECTION VI. The governors, as generals, shall be under military subordination to His Majesty Akahi Nui the king, whose rank is generalissimo of the naval and military forces of the Hawaiian Islands. They shall receive the military orders of the king from the minister of the interior, and shall report in like manner to His Majesty Akahi Nui. Said governors shall be punishable for disobedience of military orders, as regulated in the criminal code, and shall be tri-able therefore, as prescribed in the act to organize the judiciary.

SECTION VII. His Majesty Akahi Nui may rendezvous the respective island forces at any designated point within the kingdom...may assign military duty to be specially performed by them, when in his estimation required; and may, be proclamation, prescribe rules and regulations for the government of the military power of the kingdom.


TABLE OF CONTENTS

ARTICLE VI

GOVERNMENT PROPERTY

SECTION I.The property of this government, as contra-distinguish from...
SECTION II.The governors shall be accountable to the king, through the minister...
SECTION III.The governors shall keep, in suitable and safe deposits...
SECTION IV.The Minister of the Interior shall set apart annually, or oftener...
SECTION V.The forts at the respective islands shall be deemed government property...

 

ARTICLE VI. - OF THE GOVERNMENT PROPERTY

SECTION I. The property of this government, as contra-distinguish from the property of individuals, whether aliens or subjects, and whether the said property be moveable or fixed and immovable, shall be deemed to be held and controllable only by the Minister the Interior, by order of His Majesty Akahi Nui. The said minister shall be accountable to His Majesty Akahi Nui for the safe keeping thereof. He shall see that said property does not needlessly decay or deteriorate in value. He shall provide for the renting of government immovable, and for the sale and disposition of government movable. He shall direct the realization in money, of all articles of produce or manufacture which may have been received in payment of taxes, and may for that purpose transport and export the same at pleasure. The vessels appertaining to the government, shall always be owned in his name, and registered in his name, as hereinafter provided. He shall control the movements of said vessels, and place them under the command of suitable officers, removable at his pleasure. He may at all times direct the destination of said vessels, and detach them upon special duties and commissions. He shall countersign all patents and leases, as hereinafter provided. He shall also be accountable to His Majesty Akahi Nui, through the minister of finance, for the usufruct, rents, issues and profits of such immovable and fixed property, which he shall have power to rent and keep employed for that purpose, as provided in the seventh of this part.

SECTION II. The governors shall be accountable to the king His Majesty Akahi Nui, through the Minister of the Interior, for so much of the government property as shall at any time happen to be within their respective islands. It shall be their duty, when; required, to furnish said minister with an inventory thereof, and with a statement of its condition and value; and the said minister the same; who shall, when so appointed, be compatible by the respective governors to discharge faithfully the orders of said minister.

SECTION III. The governors shall keep, in suitable and safe deposits the munitions of war in their respective islands, subject to orders from the Minister of the Interior; to whom they shall, when required, furnish a faithful account of the stores of powder, ball and arms so in deposit...the quantity and number of each...the condition thereof, and the places at which the same are kept. It shall not be lawful for said governors to use the munitions of war without appropriation expressly made by the Minister of the Interior, except in case of invasion, or in case of riot and insurrection, calling for prompt and energetic measures before communication could be made to the minister of the interior.

SECTION IV. The minister of the interior shall set apart annually, or oftener if occasion shall render it necessary, an adequate amount of powder, to be available to the governors for salutes, at the respective batteries where salutes are necessary; and shall place the same at the disposal of the governors of the islands where said batteries are situated; the expenditure of which powder they shall circumstantiality's account for annually to the Minister of the Interior.

SECTION V. The forts at the respective islands shall be deemed government property within the meaning of this article, and the respective governors shall have command over them for all purposes of defense, and for the security of prisoners. They may, however, delegate such command to a captain of the fort, holding him accountable for the proper use thereof. Said forts shall be armed by order of the Minister of Interior, at the government expense, to be paid by the Minister of Finance, after audit.


TABLE OF CONTENTS

ARTICLE VII

DISCRETIONARY DUTIES

SECTION I.His Majesty Akahi Nui may at any time, through the Minister of the Interior...
SECTION II.It shall be incumbent on the Minister of the Interior, in making...
SECTION III.Upon receiving such instructions, the governor to whom they...

 

ARTICLE VII. - OF THE DISCRETIONARY DUTIES

SECTION I. His Majesty Akahi Nui may at any time, through the Minister of the Interior, require either of the governors to do or cause to be done within his island, any duty in regard to its internal affairs, not specially defined by law, nor expressly devolved by law upon some other officer or department of his government.

SECTION II. It shall be incumbent on the Minister of the Interior, in making such requirement, to give special written directions in relation thereto, and in what way to execute the same. But nothing in this article contained, shall be construed to devolve the duties of one officer upon, another, or to validate the exercise of functions by one officer, which are by law expressly assigned to another.

SECTION III. Upon receiving such instructions, the governor to whom they are addressed, shall forthwith execute the same, and with all required or convenient speed, report his action thereon to the king, through the Minister of the Interior, upon pain of the punishment prescribed in the act to organize the executive ministry.


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ARTICLE VIII

PRESCRIBED DUTIES

SECTION I.The respective governor shall report faithfully all the acts and transactions...

 

ARTICLE VIII. - OF THE PRESCRIBED DUTIES

SECTION I. The respective governor shall report faithfully all the acts and transactions particularly required of them by the statue laws of this government, to the proper minister created by the act to organize the executive ministry; and, in case any transaction, the performance of which is required of them by law, shall not be made reportable to any specified minister, said governors shall, upon being required by the king to perform the same, report to the Minister of the Interior, as if such transaction was specially made to depend upon the fourth chapter of this part; and in case of refusal or neglect to cause such duties performed as required, or in case they shall perform them carelessly, the governor so offending against the king's orders, shall be liable to impeachment, condemnation and punishment, as prescribed in the act to organized the executive ministry.

 


 

Second Act

CHAPTER V

Director of Subject and Foreigners

 

 

  ARTICLE 1ARTICLE 2ARTICLE 3
  MANAGERMANAGERMANAGER
  ALIENS
  DENIZENS
  KANAKA MAOLI
  (NATIVES)
DEPARTMENT
OF
FOREIGNERS
 
ASSETS OF
INTESTATE
FOREIGNERS
 
  III
  OFFICERSOFFICERSOFFICERS

 


CONTENTS

VOLUME I - PART I

SECOND ACT

DIRECTOR OF THE ADMINISTRATION DEPARTMENTS

HAWAIIANS WITH A PROVEN LINE OF FIVE GENERATIONS

POSITION FOR PRO TEMP - 7 YEARS TERM

CHAPTER V

ADMINISTRATION ON SUBJECTS AND FOREIGNERS

ARTICLE I
ALIENS, DENIZENS, KANAKA MAOLI (NATIVES)

ARTICLE II
THE DEPARTURE OF FOREIGNERS

ARTICLE III
THE ASSETS OF INTERSTATE FOREIGNERS

TABLE OF CONTENTS

CHAPTER V

ON SUBJECTS AND FOREIGNERS

SECTION I.The bureau of naturalization shall...

 

ARTICLE I

ALIENS, DENIZENS AND KANAKA MAOLI (NATIVE)

SECTION I.It shall be incumbent upon all foreigners coming...
SECTION II.It shall be incumbent on every such foreigner, before landing...
SECTION III.All persons born within the jurisdiction of this kingdom...
SECTION IV.All aliens shall, as in Great Britain...
SECTION V.Aliens are not, however, exempt from the taxes...
SECTION VI.Aliens coming to reside and do business...
SECTION VII.No co-partnership among aliens...
SECTION VIII.Aliens duly enrolled by the Minister of the Interior...
SECTION IX.If any master of a vessel shall suffer...
SECTION X.Any aliens foreigner complying with the preceding...
SECTION XI.The oath of allegiance to be administered as aforesaid...
SECTION XII.The records of naturalization shall be kept in deposit...
SECTION XIII.Every foreigner so natural, shall be deemed...
SECTION XIV.It shall be competent to His Majesty Akahi Nui, with attestation of the premier...

 

CHAPTER V. - ON SUBJECTS AND FOREIGNERS

SECTION I. The bureau of naturalization shall be presided over, superintended and managed by the Minister of the Interior, who may assign its immediate duties to a clerk, who shall open and keep a journal of all the matters detailed in the following articles of this chapter, and preserve for said minister all correspondence with the respective governors in relation thereto.

ARTICLE I. - ALIENS, DENIZENS AND KANAKA MAOLI (NATIVES)

SECTION I. It shall be incumbent upon all foreigners coming from foreign countries into this kingdom, whether for transient purposes or with intent to remain permanently, and being at the time aliens to this, to bring and here exhibit before landing, a passport from some competent officer in the country whence such foreigner shall have come, descriptive of the person, age, sex and vocation of such foreigner, and properly authenticated, so as to be attested by the diplomatic agent, consul or commercial agent here resident, of the country whence such foreigner shall have come.

SECTION II. It shall be incumbent on every such foreigner, before landing, and before removing from a vessel any articles of baggage, to cause his passport to be seen, and its genuineness attested by the endorsement of some diplomat agent, consul or commercial agent in this kingdom. It shall be his duty to exhibit said passport to the governor of the island, or if he be absent, to the collector of the customs at the port where such foreigner shall have arrived. Before landing personal baggage from on board a foreign vessel, it shall be further incumbent on every foreigner coming into the kingdom, to obtain a permit from the collector of the customs, as prescribed in the third part of this act. For certifying the authenticity of every passport, the diplomatic agent, consul or commercial agent shall be entitled to collect at law, for his own use, from the bearer; and

for examining the same when so certified, the governor, and for every permit to land baggage the said collector of customs shall severally be entitled to collect, for the use of the royal exchequer, the fees prescribed in the third part of this act.

SECTION III. All persons born within the jurisdiction of this kingdom, whether of parent native of this kingdom, and afterwards coming to reside in this, shall be deemed to owe native allegiance to His Majesty Akahi Nui. All such persons shall be amendable to the laws of this kingdom as kanaka maoli (native) subjects. All persons born abroad of foreign parents, shall, unless duly naturalized, as in this article prescribed, be deemed aliens, and treated as such, pursuant to the laws.

SECTION IV. All aliens shall, as in Great Britain and the United States of America continue to be under the following disabilities:

  1. They are not eligible to any civil or military office in this kingdom, created by the laws.
  2. They are not entitled to vote at any election for elective officers of this kingdom, nor to take any official share in the administration of the government.
  3. They are not able to acquire any allodial or fee simple estate in lands.
  4. They are not entitled to the registration of their vessels in this kingdom, nor to hoist thereon the Hawaiian flag.

SECTION V. Aliens are not, however, exempted from the taxes imposed by law, nor are they less than subjects, amenable to the punishments, fines, penalties, and forfeitures prescribed by the several acts of this kingdom.

SECTION VI. Aliens coming to reside and do business, or acquire advantages in this kingdom, shall, in order to the validity of their transactions, and to the valid acquisition of such advantages, exhibit to the Minister of the Interior their passport, certified as herein before required, and shall obtain from said minister, a certificate of nationality in the following form:

This is to certify that _____, a native of _____, in ____, has come to reside in the Hawaiian Islands, and to subject himself to the laws so long as he shall remain; and all authorities thereof are required to respect the rights guaranteed to him by law as a domiciled alien.

Given under my hand, and the seal of the interior department, at _____, this ____day of ____, 20____.

____________________(L.S.)

The minister of the interior shall demand and receive for every such certificate, the fees prescribed in the third part of this act.

SECTION VII. No co-partnership among aliens residing and doing mercantile or other business in this kingdom, shall be valid in law, until its members resident, shall have obtained a certificate of nationality, as in this article prescribed; neither shall any leasehold estate be considered validly acquired by any such alien; but the ordinary transactions and individual agreements of aliens, not resulting from co-partnership, nor from the leasehold of lands and tenements, and the obligations of the general law maritime and merchant, disconnected from co-partnership, shall not, in any other respect, be affected by the want of such certificate.

SECTION VIII. Aliens duly enrolled by the Minister of the Interior, and receiving certificates of nationality, shall be denominated domiciled, and be entitled to all the particular privileges granted by law to domiciled foreigners, in addition to those not specially precluded by law to aliens in this kingdom. They shall be capable of taking by will, an inheritance in lands and tenements less than allodial or fee simple; of acquiring, owning, possessing, enjoying, disposing of, and of transmitting by inheritance, any chattel property, real or personal, within this kingdom. They shall be entitled to all the marital and parental rights, the rights of dower, of curtsey and of divorce; and they shall be compatible to do all the marital and parental duties defined in the laws of this kingdom.

They, in common with all other aliens, shall be civilly and criminally responsible in all respects to the extent of the rights and privileges conferred on them by law, and be entitled to seek international intervention when all the internal recourses afforded by the laws of this kingdom shall have been fully and finally resorted to for redress without just effect, but not otherwise. They shall, when domciliated as aforesaid, be compatible to pay all taxes and assessments applicable to personal and real chattels, and to contribute to the maintenance of schools. The right of civil redress shall be allowed them in the courts personal liberty and security, as modified by law.

SECTION IX. If any master of a vessel shall suffer the baggage of an alien foreigner coming into any of the ports of this kingdom, to be removed on shore from his vessel before compliance with provisions of this article, such master shall be liable to pay, for the use of this government, five hundred dollars for each offense; and the baggage so landed, shall be liable to seizure, confiscation and sale for that purpose, in the courts of this kingdom, as prescribed in the act to organize the judiciary; the foreigner so offending, shall also be amenable to the like fine, and to banished the realm.

SECTION X. Any alien foreigner complying with the preceding sections of this article as compile, may, after a residence of one year this kingdom, apply to his Excellency the governor of the island of Oahu, at Honolulu, for permission to become naturalized, and said governor shall have power, after the expiration of one year from the time such application was made, to administer the oath of allegiance to him, upon evidence that the applicant has complied with the requisitions above set forth, that he is not of immoral character, nor a refugee from the justice of some other country, nor a deserting sailor, marine, soldier or officer, belonging thereto.

SECTION XI. The oath of allegiance to be administered as aforesaid, shall be in the following words:

GOVERNMENT OF THE HAWAIIAN ISLANDS

The undersigned, a native of ____, lately residing in ____, being duly sworn upon the holy evangelists, upon his oath declares that he will support the constitution and laws of the Hawaiian Islands, and bear true allegiance to His Majesty Akahi Nui the king.

Subscribed and sworn to, this ________ of ________, A.D., 20____.

Before me,_________________

Which oath shall always be subscribed by the foreigner so naturalized, be sworn to in the form most obligatory upon his conscience, and the jury at thereof subscribed by said governor; for which services the governor shall demand and receive the fees prescribed in the third part of this act.

SECTION XII. The records of naturalization shall be kept in deposit at the office of the Minister of the Interior, whose duty it shall be, on being paid fees of transcription, prescribed in the third part of this act, to furnish such naturalized foreigner with a certified copy, to be used in evidence in any court of this kingdom.

SECTION XIII. Every foreigner so naturalized, shall be deemed to all intents and purposes, a native of the Hawaiian Islands---be amenable only to the laws of the kingdom, and to the authority and control thereof---be entitled to the protection of said laws, and be not longer amendable to his native sovereign while residing in this kingdom, nor entitled to resort to his native country for protection or intervention. He shall be amenable for every such resort to the pains and penalties annexed to rebellion, by the criminal code. Any every foreigner so naturalized, shall be entitled to all the rights, privileges and immunities of an Hawaiian subject.

SECTION XIV. It shall be competent to His Majesty Akahi Nui, with the attestation of the premier, and on consultation in privy council, to confer upon any alien resident abroad, or temporarily resident in this kingdom, letters patent of denization, conferring upon such alien, without abjuration of native allegiance, all the rights, privileges and immunities of a Kanaka Maoli (native). Said letters patent shall render the denizen in all respect accountable to the laws of this kingdom, and impose upon him the like fealty to the king Akahi Nui, as if he had been naturalized before provided.


VOLUME I - PART I

SECOND ACT

MINISTER OF INTERIOR

CHAPTER V

ARTICLE I

ALIEN, DENIZENS, KANAKA MAOLI (NATIVE)

SECTION VI. Aliens coming to reside and do business, or acquire advantages in this kingdom, shall, in order to the validity of their transactions, and to the valid acquisition of such advantages, exhibit to the Minister of the Interior their passport, certified as here in before required, and shall obtain from said minister, a certificate of nationality in the following form:

This is to certify that _____, a native of _____, in _____, has come to reside in the Hawaiian Islands, and to subject himself to the laws so long as he shall remain; and all authorities thereof are require to respect the rights guaranteed to him by law as a domiciled alien.

Given under my hand, and the seal of the Interior Department, at _____________, this _____day of __________, 20______.

Dated: Seal on this____day of ________,20__.

Approved by: _____________________
"His Majesty Akahi Nui"

Approved by:________________
Minister of Interior


VOLUME I - PART I

SECOND ACT

EXECUTIVE DEPARTMENT

MINISTER OF INTERIOR

CHAPTER V

ARTICLE I

ALIEN, DENIZENS, KANAKA MAOLI (NATIVE)

SECTION XI. The oath of allegiance to be administered as aforesaid, shall be in the following words:

GOVERNMENT OF THE HAWAIIAN ISLANDS

The undersigned, a native of_________, lately residing in ___________, being duly sworn upon the holy evangelist, upon his oath declares that he will support the Constitution and laws of the Hawaiian Islands, and bear true allegiance to His Majesty Akahi Nui the King.

Subscribed and sworn to, this _____of __________, A.D., 20____.

Dated: Seal on this ____day of _______20___

Approved by: ___________________
"Her Majesty Akahi Nui"

Approved by:__________________
Minister of Interior

TABLE OF CONTENTS

ARTICLES II

DEPARTURE OF FOREIGNERS

SECTION I.It shall not be lawful for the commanding officer...
SECTION II.The commanding officer of the vessel, who shall violate the provisions

 

ARTICLE II - DEPARTURE OF FOREIGNERS

SECTIONS I. It shall not be lawful for the commanding officer of any Hawaiian or foreign vessel to carry out of this kingdom as a passenger, any domiciled alien, naturalized foreigner or native, without previous exhibition to him of a passport from His Majesty's, minister of foreign relations, as prescribed in the second part of this act.

SECTION II. The commanding officer of any vessel, who shall violate the provisions of this article, shall, upon return into His Majesty's jurisdiction, be subject the all the debts and other liabilities to private individuals in this kingdom, of the passenger so by him carried away; and his vessel to attachment, confiscation and sale, for the payment thereof, as prescribed in the act to organize the judiciary.


TABLE OF CONTENTS

ARTICLE III

ASSET OF INTESTATE FOREIGNERS

SECTION I.The minister of the interior shall, after administration...
SECTION II.The minister of the interior shall, upon the receipt...
SECTION III.It shall be incumbent on the minister of finance...
SECTION IV.The minister of the interior shall...
SECTION V.At the full expiration of five years...

 

ARTICLE III - OF THE ASSETS OF INTESTATE FOREIGNERS

SECTION I. The minister of the interior shall, after administration, pursuant to the act to organize the judiciary, be ex officio, the receiver of all the residuary effects, monies and assets of foreigners dying interstate within this kingdom and leaving therein no personal representative entitled to administer; which assets, monies and effects, it shall be the duty of the administrator, appointed by order of the court of probate, after final settlement of his accounts, and after payment of all the just debts, costs and disbursements of administration, to pass over to said minister, with an attested copy of the final exonerator of the court. The administrator, in such cases, shall be entitled to receive the fees prescribed in the third part of this act.

SECTION II. The minister of the interior shall, upon the receipt of any such residuary assets, other than money, cause the same to be stored and cared for, or if perishable, disposed of to the best advantage at public vendue, for the use of the heirs abroad of said interstate. He shall be entitled to receive for such storage, care or sale, the fees prescribed in the third part of this act, to the use of the royal exchequer. It shall also be his duty to pass over to the minister of finance, in deposit for the use of the heirs of such deceased foreigner, any residuary monies so delivered to him by order of court, or so coming into his hands from the perishable effects of the interstate.

SECTION III. It shall be incumbent on the minister of finance, safely to keep the monies so deposited with him, until drawn from him by order of the minister of foreign relations. He shall, for so doing, charge and deduct the commissions of receipt, deposit and disbursement, prescribed the third part of this act.

SECTION IV. The minister of the interior shall, when any residuary assets, monies or effects of any deceased interstate foreigner shall have been delivered up to him by the administrator, notify the same to the minister of foreign relations, and its disposition; who

shall immediately notify the accredited diplomatic agent of the nation whose subject the said interstate foreigner had been, of the kind, and amount of residuary property so on storage or deposit, in order that the heirs abroad may be apprised, and may take measures for the recovery of their interests in such residuary property.

SECTION V. At the full expiration of five years from the day of notifying the accredited agent of a foreign nation, as in the last preceding section required, in case no application shall have been previously made to the minister of foreign relations, for said assets, the same shall, if property other than money, be sold, and its avails added to the monied assets of said interstate, and deposited upon charge of commissions, as aforesaid, for the use of the royal exchequer; at the expiration of ten years from the day of notifying the said accredited agent, all heirs of said interstate, resident abroad, shall be forever barred from the right to demand or recover the same.


Second Act

CHAPTER VI

The Inter-Island Channels, Coasting Trade and Fisheries

 

  ARTICLE 1ARTICLE 2ARTICLE 3
  MANAGER OFMANAGERMANAGER
  MARITIME
  COAST
  ENCLOSED SEAS
REGISTRY
HAWAIIAN
VESSELS
COASTING
TRADE
 
  III
  OFFICERS
 
OFFICERS
 
OFFICERS
 
  ARTICLE 4 ARTICLE 6
  MANAGER MANAGER
  INTER ISLAND
  MAILS
PRIVATE RIGHTS
OF PISCUARY
  I I
  OFFICERS OFFICERS

 

CONTENTS

VOLUME I - PART I

SECOND ACT

EXECUTIVE DEPARTMENT

1.HIS ROYAL MAJESTY AKAHI NUI

2.MINISTER OF INTERIOR, HER HIGHNESS AKAHI WAHINE

3.DIRECTOR OF THE ADMINISTRATION DEPARTMENTS

CHAPTER VI

ADMINISTRATION OF THE INTER-ISLAND CHANNELS, COASTING TRADE AND FISHERIES

ARTICLE I

THE MARITIME COAST AND OF THE ENCLOSED SEAS

ARTICLE II

THE REGISTRY OF HAWAIIAN VESSELS

ARTICLE III

THE COASTING TRADES

ARTICLE IV

THE INTER-ISLAND MAILS

ARTICLE V

THE PUBLIC AND PRIVATE RIGHTS OF PISCARY

TABLE OF CONTENTS

CHAPTER VI

THE INTER-ISLAND CHANNELS, COASTING TRADE AND FISHERIES

SECTION I.The minister of the interior shall have supervisory control...

 

ARTICLE I

MARITIME COAST AND OF THE ENCLOSED SEA

SECTION I.The jurisdiction of the Hawaiian Island shall extend...
SECTION II.It shall be lawful for His Majesty Akahi Nui to defend said closed seas...
SECTION III.All captures and seizures made within said channels...

 

CHAPTER IV

OF THE INTER-ISLAND CHANNELS, COASTING TRADE AND FISHERIES

SECTION I. The minister of the interior shall have supervisory control over all matters affecting the inter-islands channels, coasting trade and fisheries, detailed in the succeeding articles, and shall direct his clerk in regard thereto. He shall have power also to make contracts and employ operatives in carrying out said duties, controlling and removing the same at pleasure; being accountable to the king for the discretion so to be used, and for the most beneficial economy of the bureau hereby created.

ARTICLE I - OF THE MARITIME COAST AND OF THE ENCLOSED SEAS

SECTION I. The jurisdiction of the Hawaiian Islands shall extend and be exclusive for the distance of one marine league seaward, surrounding each of the islands of Hawaii, Maui, Kahoolawe, Lanai, Molokai, Oahu, Kauai, and Niihau; commencing at low water mark on each of the respective coasts of said islands. The marine jurisdiction of the Hawaiian Islands shall also be exclusive in all the channels passing between the respective islands, and dividing them; which jurisdiction shall extend from island to island.

SECTION II. It shall be lawful for His Majesty Akahi Nui to defend said closed seas and channels, and if the public good shall require it, prohibit their use to other nations, by proclamation.

SECTION III. All captures and seizures made within said channels or within one marine league of the coast shall be deemed to have been made, and all foreign vessels

entering therein, shall be deemed to have entered in His Majesty's Akahi Nui waters. The civil and criminal jurisdiction shall be co-extensive with the one maritime league, and the inter-island channels herein defined. And the right of transportation and transshipment from island to island, shall exclusively belong to Hawaiian vessels duly registered and licensed to the coasting trade, as in the two succeeding articles prescribed.

TABLE OF CONTENTS

ARTICLE II

THE REGISTRY OF HAWAIIAN VESSELS

SECTION I.No vessel shall be entitled to be registered in this kingdom...
SECTION II.Upon application made by any Kanaka Maoli (native) or naturalized subject...
SECTION III.Every vessel duly registered as in the preceding section set forth...
SECTION IV.The minister of the interior shall keep a register of enrollment...
SECTION V.It shall be necessary to violate the hypothecation of any enrolled vessel...
SECTION VI.All transfer of Hawaiian registered vessels shall be lawful...
SECTION VII.Before enrolling any vessel as an Hawaiian vessel...

 

ARTICLE II - OF THE REGISTRY OF HAWAIIAN VESSELS

SECTION I. No vessel shall be entitled to be registered in this kingdom or be deemed an Hawaiian vessel, unless owned wholly, or in part, by some subject Kanaka Maoli (native) or naturalized of His Majesty Akahi Nui.

SECTION II. Upon application made by any Kanaka Maoli (native) or naturalized subject, in writing and under oath, to the Minister of the Interior, setting forth the name, description and add measurement of his vessel, whether Kanaka Maoli (native) built, and if foreign built, how acquired accompanied with the evidences of title, said minister shall, if no impediment thereto exists by the law of nations, enroll said vessel in his office as an Hawaiian vessel, and issue to the applicant a register in the following form:

No._________________________

KNOW ALL MEN BY THESE PRESENTS, That pursuant to the laws of the Hawaiian Islands, the _____, of _____ tons, whereof _____, an Hawaiian subject, is owner and being _______ rigged, carrying _________ masts, (here describing her) has been duly registered in this department as an Hawaiian vessel, entitled to hoist the of Hawaiian flag, to navigate the high seas, and to enter the lawful ports of other nations as such.

In witness whereof I have hereunto set my hand and affixed the seal of the interior department, at Honolulu, Oahu, Hawaiian Islands, this _____ day of _____ 20_______.

_______________________ (L.S.)

For which enrollment and register the Minister of the Interior shall demand and receive of the applicant, the fees of registration to be prescribed in the third part of this act, for the benefit of the royal exchequer.

SECTION III. Every vessel duly registered as in the preceding section set forth, shall be deemed in law an Hawaiian vessel, and said register shall be prima facie evidence of the ownership and nationality thereof. It shall entitle said vessel to all the privileges conferred by law upon Hawaiian vessels, and she shall not be liable to the restrictions and duties imposed upon foreign ships and vessels.

SECTION IV. The Minister of the Interior shall keep a register of the enrollment of Hawaiian vessels ____ of the tonnage and description thereof _____ and of the names of the original owners. In case of the loss or destruction of the register conferred upon any enrolled vessel, he shall furnish at the expense of the owner, an attested copy of her original register.

SECTION V. It shall be necessary to validate the hypothecation of any enrolled vessel, that a summary be endorsed upon the register at the time of mortgaging, and to validate the discharge of such hypothecation that a summary of such discharge be also endorsed on the vessels register, and signed by the party entitled to acquit the same.

SECTION VI. All transfer of Hawaiian registered vessels shall be lawful, and shall entitle the transferees, being Hawaiians, to all rights and interests of the original registered owner: Provided said transfers shall have been entered upon the original register, in the interior department. The Minister of Interior, when applied to for that purpose by any registered owner, shall endorse and attest upon, the duplicate register in the custody of such owner, the transfer, endorsement, attestation and renewed bond, the Minister of Interior shall demand and receive the fees prescribed by the third part of this act.

SECTION VII. Before enrolling any vessel as an Hawaiian vessel, the party applying shall give to the Minister of Interior a bond, with at least one sufficient surety, to be approved by said minister, in the penalty of at least five hundred dollars, conditioned for the return of her register to the Minister of the Interior, in case said vessel shall ever become the exclusive property of any foreigner or foreigners not owing allegiance to His Majesty Akahi Nui.


TABLE OF CONTENTS

ARTICLE III

COASTING TRADE

SECTION I.The Minister of Interior shall grant a coasting license
SECTION II.The form of every coasting license shall be
SECTION III.Before granting a coasting license
SECTION IV.If any vessel, Kanaka Maoli (native) or foreign, shall engage...
SECTION V.The Minister of the Interior shall have power...
SECTION VI.Licensed coasters shall not be liable to pay harbor dues...
SECTION VII.It shall be incumbent on said minister to keep...

 

ARTICLE III - OF THE COASTING TRADE

SECTION I. The Minister of Interior shall grant a coasting license to any Hawaiian registered vessel, the registered owner of which for the time being, shall have applied to him in writing, setting forth the vessels name, the date of her enrollment, and the number of her register; upon compliance with the provisions of the succeeding section of this article.

SECTION II. The form of every coasting license shall be in the following words, viz:

BE IT KNOWN TO ALL WHOM IT MAY CONCERN, That _____, an Hawaiian subject, owner of the Hawaiian _____, of _____ tons burden, _____ rugged _____, having this day deposited his bond as required by law, and paid the sum of twenty-five dollars, license has been and is hereby granted for one year unto his said ____, the _____ to trade, transport and carry from port to port and from island to island in the this kingdom, such merchandise or other articles, at such prices as may seem most proper to him, having strict regard to the following conditions, viz:

  1. The said ____, the ____, shall not, upon pain of forfeiture, condemnation and sale, be engaged at any time in carrying or selling any articles the product or manufacture of any foreign country, which may have been imported into this, in violation of the duties upon imports.
  2. She shall at no time engage in the retail of spirituous liquors.
  3. She shall at all times when departing from the port of Honolulu, first announce here destination to the collector of the customs; and receive at his hands the government mail bag, which she shall transport to and deliver a the port of destination without charge, receiving from each port at which she may touch, the government mail, and transporting the same free of charge to any designated port at which she may be destined to stop.
  4. She shall give preference in charter engagements to the Hawaiian government and in all respects comply with the laws thereof. This license shall be transferable by endorsement, in the presence of the Minister of Interior, and follow the said____, the _____, during the term for which it is granted.

In witness whereof I have hereunto set my hand, and affixed the seal of the Interior department, this ____ day of ____, 20____.

__________________(L.S.)

SECTION III. Before granting a coasting license, the Minister of the Interior shall receive, at the applicant's hands the sum of twenty-five dollars for the use of the royal exchequer, and shall exact of him a bond with at least one sufficient surety, to be approved by said minister, in the penal sum of five hundred dollars, which bond shall be in the following form, viz:

KNOW ALL MEN BY THESE PRESENTS, That we ____ owner of the _____, an Hawaiian registered vessel, principal, and ____, of _____ in the island of _____, sureties, are held and firmly bound unto Her Highness Akahi Wahine, Minister of the Interior, for the use of the Hawaiian government, in the penal sum of five hundred dollars, to be levied of our respective joint and several property, in case the condition herein named shall be violated. For the just and full payment of which we jointly and severally bind ourselves, our heirs, executors and administrators, firmly by these presents.

Sealed with our seals, and dated this ____ day of _____, 20____.

The condition of this obligation is, that whereas ____ the principal in the above bond has received for this ____, the ____, a coasting license for one year from this date: Now if he shall at no time violate the conditions of his said license, nor favor the escape of deserting sailors or refugees from justice, then this obligation to be void: otherwise, to remain in full force and virtue, as a valid hypothecation of his said vessel, for the full penalty herein set forth.

Given under our hands and seals, the day and year first above written.

___________________________(L.S.)

___________________________(L.S.)

SECTION IV. If any vessel, Kanaka Maoli (native) or foreign, shall engage in the coasting and carrying trade of these islands without first taking out a license, as in this article prescribed, she shall, upon due proof and upon being found within His Majesty's waters, be liable to seizure, confiscation and sale, for the benefit of the royal exchequer, as prescribed in the act to organized the judiciary.

SECTION V. The Minister of the Interior shall have power, by circular, to establish bylaws for the guidance and government of all vessels engaged in the coasting trade of this kingdom, and vessels shall be bound to observe the same upon pain of forfeiting their respective licenses.

SECTION VI. Licensed coasters shall not be liable to pay harbor dues or port charges of any kind; but hey shall be at all times liable to impressments into the public service upon a just compensation to be afterwards assessed, in like manner as is by law prescribed in case of private property taken for the public use.

SECTION VII. It shall be incumbent on said minister to keep alphabetically, in a book, the name of vessels licensed to the coasting trade, with the date of each license, and from time to time to pay over to the Minister of Finance all license money by him received under the provisions of this article.

TABLE OF CONTENTS

ARTICLE IV

INTER-ISLAND MAILS

SECTION I.The collector general customs and the collectors of...
SECTION II.The Minister of the Interior shall appoint some...
SECTION III.Said minister shall furnish each of the post masters with...
SECTION IV.The Post Master shall close the mail at least...
SECTION V.The respective Post Master shall preserve, in writing a list...
SECTION VI.It shall also be incumbent on respective Post Masters...
SECTION VII.It shall be incumbent on the commanding officer of any foreign
SECTION VIII.The Post Master upon receiving ship letters and papers, shall...
SECTION IX.The respective Post Master shall, half yearly...

 

ARTICLE IV - OF THE INTER-ISLAND MAILS

SECTION I. The collector general of customs and he collectors of the respective ports of entry and departure, established by the third part of this act, shall be, ex-officio post masters, and entitled to receive and open, at their respective ports, the mail bags hereinafter specified.

SECTION II. The Minister of the Interior shall appoint some trustworthy and discreet person, residing conveniently, on each of the islands where no port of entry and departure is established by the third part of this act, to be the post master thereof.

SECTION III. Said minister shall furnish each of the Post Masters with a number of lantern bags, corresponding to the number of post offices established in pursuance of this article; each of which bags shall have written or printed thereon the name of a designated post office and island, and shall be capable of being securely locked.

SECTION IV. The Post Master shall close the mail at least one hour before the departure from his port of any coasting vessel, destined to another island. He shall deliver said mail bag, properly secured, to the master of the coasting vessel, from whom he shall take a receipt to be used in evidence against such master, in case of neglect or loss by carelessness on his part.

SECTION V. The respective Post Masters shall preserve, in writing, a list of the letters and packages by them transmitted, and in closing the mails, shall address to the corresponding Post Master for whom the mail bag is intended, a list of the letters and packages therein contained, in order to guard against fraud or miscarriage.

SECTION VI. It shall also be incumbent on the respective Post Masters, upon receipt of any mail bag, to post up in some conspicuous place, convenient to the public, a copy of the list of letters so received by them; and it shall be their duty to facilitate, by all means in them received for persons residing at a distance from their respective post offices.

SECTION VII. It shall be incumbent on the Commanding Officer of any foreign vessel arriving at any of the ports of entry and departure established by the third part of this act, to deliver to the collector of such port, as Post Master, all letters and papers on board his vessel, destined for private individuals or for the government; for each of which letters the said Commanding Officer shall be entitled to receive, at the post office, two cents, and for each of which papers he shall be entitled to receive one cent.

SECTION VIII. The Post Master upon receiving ship letters and papers, shall apportion them out to the bags of the respective islands for which they are destined, and shall make out and post for public information, as in the sixth section of this article required, a list of the names of those in his island to whom any of them shall have come addressed.

SECTION IX. The respective Post Masters shall, half yearly, after the passage of this act, furnish a list of all letters remaining, on that day, in their post offices to the director of the government press for publication. They shall also quarterly report to the Minister of the Interior all the letters by them received and transmitted, and shall demand and receive the rates of postage established in and by the third part of this act.


TABLE OF CONTENTS

ARTICLE V

PUBLIC AND PRIVATE RIGHTS OF PISCARY

SECTION I.The entire marine space, without and seaward of the reefs...
SECTION II.The fishing grounds from the reefs, and where there happen to be...
SECTION III.The landholders shall be considered in law to hold said private...
SECTION IV.The landlords shall have power, each year, to set apart...
SECTION V.The specific fish so set apart shall be exclusively for the use...
SECTION VI.The landlords shall not have power to lay any tax...
SECTION VII.It shall be competent to the landlords...
SECTION VIII.The royal fish shall appertain to the Hawaiian government...
SECTION IX.At the expiration of the taboo seasons, all persons...
SECTION X.The Minister of the Interior shall appoint suitable and proper fishing agents...
SECTION XI.It shall be the duty of the agents appointed...
SECTION XII.It shall be competent to His Majesty Akahi Nui, by an order in council...
SECTION XIII.It shall be incumbent on the Minister of the Interior to provide...
SECTION XIV.If any person shall, in violation of this article, take, out of season...

 

ARTICLE V - OF THE PUBLIC AND PRIVATE RIGHTS OF PISCUARY

SECTION I. The entire marine space, without and seaward of the reefs, upon the coasts of the several islands, comprising the several fishing grounds commonly known as the Kilohee grounds ___ the Luhee grounds _____ the Malolo ground, ____ and the fishery of the ocean, from said reefs to the limit of the marine jurisdiction in the first article of this chapter defined, shall be free to the people of these islands. The people shall not be molested in the enjoyment thereof except as hereinafter provided.

SECTION II. The fishing grounds from the reefs, and where there happen to be no reefs from the distance of one geographical mile seaward to the beach at low water mark, shall in law be considered the private property of the landlords whose lands, by ancient regulation, belong to the same; in the possession of which private fisheries, the said landholders shall not be molested except to the extent of the reservations and prohibitions hereinafter set forth.

SECTION III. The landholders shall be considered in law to hold said private fisheries for the equal use of themselves and of the tenants on their respective lands; and the tenants shall be a liberty to use the fisheries of their landlords, subject to the restrictions in this article imposed.

SECTION IV. The landlords shall have power, each year, to set apart for themselves one given species or variety of fish natural to their respective fisheries, giving public notice by viva voce proclamation to their tenants and others residing on their lands, and signifying to the Minister of the Interior, in writing, through her agents in their districts, the kind and description of fish which they have chosen to set apart for themselves. The landlord shall respectively pay for such notification, the fees prescribed by the third part of this act; and it shall be the duty of the Minster of the Interior yearly to furnish the director of the government press with a list of said landlords, the districts and islands of their residence, and the kind of fish specially set apart by each, in the form of catalogue; which catalogue the said director shall cause to be once inserted in Hawaiian and English languages, in the Polynesian newspaper, for pubic information, at the expense of said minister to be included by him according to a fixed rate, in the fees to be received at his department from the respective landlords.

SECTION V. The specific fish so set apart shall be exclusively for the use of the landlord, if caught within the bounds of his fishery, and neither his tenants nor others shall be at liberty to appropriate such reserved fish to their private use; but when caught, such reserved fish shall be the property of the landlord, for which he shall be a liberty to sue and recover the value from any fisherman appropriating the same; and more over, if he take one fish criminally he shall pay fine, and in that proportion shall he pay to the full amount of what he may have taken wrongfully. Whoever may have taken fish in violation of this law, without paying as above, shall be fined fifty dollars for each offense.

SECTION VI. The landlords shall not have power to lay any tax or to impose any other restriction upon their tenants regarding and private fisheries than is in the preceding section prescribed, neither shall such further restrictions be valid.

SECTION VII. It shall be competent to the landlords, on consultation with the tenants of their lands, in lieu of setting apart some peculiar fish to their exclusive use, as herein before allowed, to prohibit during certain indicated months of the year, all fishing of every description, upon their fisheries; and, during the fishing season to exact of each fisherman among their tenants, one third part of all the fish taken upon their private fishing grounds. In every such case it shall be incumbent on the landlords to comply in like manner with the requirements of the fourth section of this article.

SECTION VIII. The royal fish shall appertain to the Hawaiian government, and shall be the following, viz:

1st  The bonito when off any part of the coast of Lanai.

2nd  The albacore of Hawaii.

3rd  The mullet of Huleia, Anehola and Hanalei, the squid and fresh water fish of Mana on Kauai.

4th  The shoal fish taken at the following places, noted for the abundance of fish frequenting them; off Oahu, 1, kalia, 2, keehi, 3, kapapa, 4, malaeakuli, and pahihi.

5th  Off Molokai; 1, punalau, 2, ooia, 3, kawai, 4, koholanui, 5, kaonini, 6, aikoolua, 7, waiokama, and 8, heleiki.

6th  And off Maui; the kuleku of Honuaula, and the same whenever found off said island.

7th  All the following transient fish, viz; - 1, the kule, 2, the anaeholo, 3, the alalauwa, 4, the uhukai, 5, the kawelea, 6, the kawakawa, 7, the kalaku.

These fish shall be divided equally between the king and fisherman. But on all the prohibited fishing grounds the landlords shall be entitled to one species of fish, and those who have walled fish ponds shall be allowed to scoop up small fish to replenish their ponds. If the prohibited fish of the landlord be mingled with the royal fish, then the landlord shall be entitled to one third of the whole of the fish taken, though this applied only to Molokai, Oahu and the rivers of Kauai.

All which shall be yearly protected by the king's taboo, to, be imposed by the Minister of the Interior, by means of circular from the department, as prescribed in the act to organize the executive ministry; and during the specified season of taboo, they shall not be subject to be taken by the people.

SECTION IX. At the expiration of the taboo seasons, all persons inhabiting these islands shall be at liberty to take the protected fish, accounting to the fishery agents of the respective districts off which the same shall have been caught, for the half part, or portion so taken; and the Minister of the Interior shall make known through his agents, by vica voce proclamation, the respective months or seasons of the year during which the said royal fisheries may be used the said protected fish taken.

SECTION X. The Minister of the Interior shall appoint suitable and proper fishing agents in the several coast districts of the respective islands, to superintend the fisheries aforesaid, to whom he shall from time to time give directions through the respective governors, in regard to the sale or other disposition of the share of fish accruing to government.

SECTION XI. It shall be the duty of the agents appointed, to exact and receive of all fishermen for the use of the royal exchequer, during the legalized fishing seasons, the one half part, or portion of all protected fish taken without the reefs, whether at the respective places in the eight section of this article indicated, or in the channels and enclosed seas dividing these islands, or upon the high seas, within the marine jurisdiction of this kingdom. And if any officer or agent of this government shall exact more fish of the people than is in and by this section expressly allowed, he shall, on conviction, forfeit his office, and be liable to pecuniary fine, in the discretion of the court, before which he shall have been convicted.

SECTION XII. It shall be competent to His Majesty Akahi Nui, by an order in council, from time to time, to set apart any given portion, or any definite kind of the said protected fish, or any proportional part of the avails there from arising, for the use of the royal palace, to be delivered or paid over to the chamberlain of his household, created by the third part of this act.

SECTION XIII. It shall be incumbent on the Minster of the Interior to provide, by instructions to the respective governors, for the sale and disposal of all fish received by the said fishing agents, and to pay the avails thereof to the Minister of Finance.

SECTION XIV. If any person shall, in violation of this article, take, out of season, the fish protected by the king's taboo, or if any person shall, within the free fishing seasons, take any of the protected fish, without delivering to the agent appointed for that purpose, the proportion accruing to the royal exchequer, he shall, on conviction forfeit all fish found in his possession, and shall in addition pay five fold for all fish thus taken, or he may be put in confinement, at the discretion of the court condemning him.


Second Act

CHAPTER VII

Of The Hawaiian Lands Office

 

  ARTICLE 1ARTICLE 2ARTICLE 3
  CESSION OFDISPOSITIONREAL RENTS
  PRIVATE
  LANDS
GOVERNMENT
LANDS
FORFEITURES
ESCHEATS
  III
  OFFICERS
 
OFFICERS
 
OFFICERS
 
  ARTICLE 4 ARTICLE 5
  BOARD OF GENERAL
  COMMISSIONERS PROVISIONS
  I I
  OFFICERS OFFICERS

 

CONTENTS

VOLUME I - PART I

SECOND ACT

Director of The Administration Departments

Hawaiians with a proven line of five generations

Position for Temp - 7 years Term

Chapter VII

Director of Administrations of Hawaiian Land Offices

Article I

The Cession of Private Lands to the Government

Article II

The Deposition of Government Lands

Article III

The Real Rents, Forfeitures and Escheats

Article IV

The Board of Commissioners to Quiet Land Titles

GENERAL PROVISION

TABLE OF CONTENTS

CHAPTER VII

HAWAIIAN LAND OFFICE

SECTION I.The bureau of the land office shall be presided over...
  1. The cession of private lands to the government.
  2. The disposition of government lands.
  3. The real rents, forfeitures and escheats to government.
  4. The board of commissioners for quieting private titles.

 

ARTICLE I

THE CESSION OF PRIVATE LANDS TO THE GOVERNMENT

SECTION I.The Minister of the Interior shall have power to treat...
SECTION II.Said minister shall, in making a contract of cessation...
SECTION III.Every cessation to government, when agreed upon by the privy council...
SECTION IV.It shall be lawful for the Minister of the Interior, when any such deed...
SECTION V.The Minister of Finance shall preserve a duplicate of every such bond...
SECTION VI.It shall be competent to the holder of any such government bond
SECTION VII.It shall not be lawful for the Minister of Finance to pay...
SECTION VIII.It shall be the duty of the Minister of Finance to report yearly...
SECTION IX.It shall be the duty of the Minister of the Interior...
SECTION X.The Minister of the Interior shall, in like manner cause...
SECTION XI.It shall be the duty of the said minister to preserve...
SECTION XII.The title of the Hawaiian government in the lands so acquired...

 

CHAPTER VII - OF THE HAWAIIAN LAND OFFICE

SECTION I. The bureau of the land office shall be resided over, superintended and manage by the Minister of Interior, who may confide the custody and care of the records of his transactions to a clerk, whose duty it shall be to preserve distinctly the following matters, viz;

  1. The cession of private lands to the government.
  2. The disposition of government lands.
  3. The real rents, forfeitures and escheats to government.
  4. The board of commissioners for quieting private titles.

ARTICLE I - OF THE CESSION OF PRIVATE LANDS TO THE GOVERNMENT

SECTION I. The Minister of the Interior shall have power to treat upon the best terms that can be obtained, with any person or persons in these islands, who being proprietors of landed tracts or districts, may be willing to sell them to this government.

SECTION II. Said minister shall, in making a contract of cession from any native landed proprietor, submit the proposals of said proprietor to His Majesty Akahi Nui in privy council, and obtain a vote of council upon the policy or impolicy thereof. A majority of council votes, with sanction of the king, shall determine his action in regard thereto.

SECTION III. Every cession to government, when agreed upon by the privy council and approved by His Majesty Akahi Nui, shall, if acceded to by the proprietor, be engrossed in a book of grants kept by the Minister of the Interior, and shall be signed originally in said book by the grantor of the lands ceded, in the following form, viz:

KNOW ALL MEN BY THESE PRESENTS, That I, _______, of the district of ___,

Hawaiian Islands, for and in consideration of the sum of _____ dollars to me in hand paid, (or as the case may be to me secured by, &c. setting forth the security) have granted bargained, sold, conveyed and do hereby confirm unto His Majesty Akahi Nui, king of the Hawaiian Islands, and to his successors and assigns, all my right, title, interest, claim, possession, right and possession, reversion, right of reversion, remainder and right of remainder, in and to the following described tract or tracts of land, situate on the Island of _____,viz:

Together with all and singular the tenements, hereditaments, buildings and improvements no situate thereon, and all the natural privileges of water, timber, stone, lime sand, way, ingress, egress, and regress, and all the rights of piscary hereto appendant; subject only to the private vested or other rights therein of all persons having such rights in said tract or tracts which were acquired in accordance with the past usages of the country, or confirmed by existing laws:

To have and to hold the tract or tracts above specified in manner and form as above conveyed, subject only to the above reservation, in favor of third persons having vested right therein unto His Majesty Akahi Nui the king, and unto his successors and assigns forever.

In witness whereof I the said _____, have hereunto set my hand and seal, at Honolulu, in presence of Her Highness Akahi Wahine the premier, this _____ day of _____ 20 ___.

___________________________(L.S.)

SECTION IV. It shall be lawful for the Minister of the Interior, when any such deed of cession shall have been executed by a native proprietor, (if the consideration be not otherwise paid) to give such grantor, his heirs and assigns a bond, conditioned substantially for the performance by His Majesty's Akahi Nui government, through the Minister of Finance, of all the terms specifically, upon which the said grantor had consented to cede, and His Majesty Akahi Nui in privy council, and accepted by the proprietor, shall be annexed to said bond, in explanation thereof. Every such bond shall be signed by His Majesty Akahi Nui, and attested by the Minister of Finance, by whom the conditions thereof shall be fulfilled; and said bond shall always be in the following form, viz:

We the king of the Hawaiian Islands, and our successors, the kings thereof, are, by this solemn instrument, held bound to pay unto _____, and to his heirs and assigns, at our exchequer, and through our Minister of Finance, who has attested the same, the sum of _____ dollars, on or before the full expiration of ____ years from this present date, the consideration money agreed to be paid said_____, his heirs and assigns, for certain lands at the Island of ______, this day ceded unto us.

Upon condition, however, that within that period, we and our successors, punctually paying the said_____, ____ percent of interest upon the entire principal sum above expressed; on demand, at our exchequer annually, from this date, he and his heirs do not exact any portion of the principal, until the full expiration of the said _____years. But upon failure to pay punctually the said interest, at the time and place, and in the manner above set forth, the entire sum of the said principal shall immediately become due and payable; and on recovery thereof, by suit against our attorney general, as by law allowed, our national property of every description shall be liable to levy and sale, to the extent of the principal in this bond expressed, interest and costs of suit, for the benefit of the said ____, his heirs and assigns; and we do pledge, for the redemption of said principal, interest and costs, the national faith of our kingdom.

Done at our Palace, in Honolulu, Island of Oahu, this _______day of ______20___.

_______________(L.S.)

Attest,________________,
Minister of Finance

SECTION V. The Minister of Finance shall preserve a duplicate of every such bond at the exchequer chamber, and it shall be his duty to make provision for the punctual payment of the interest thereon yearly, being allowed a latitude of three days for grace, on such yearly payments of interest. It shall also be his duty, as often as the financial interests of the government will permit, to pay to the respective bond holders any sum or sums of money not otherwise required by the fiscal transactions of his department, in reduction of the principal sums secured by said bond, which respective payments shall be endorsed thereon by the holders without refusal.

SECTION VI. It shall be competent to the holder of any such government bond, in case the interest be not annually paid as therein directed, to institute a suit against His Majesty Akahi Nui's Attorney General, for the recovery thereof, in the court of the island of Oahu, at Honolulu, pursuant to the provisions of the act to organize the judiciary. And

upon recovery, to cause the amount of the judgment to be levied of the government property, in any part of this kingdom, as in and by the fifth part of this act provided.

SECTION VII. It shall not be lawful for the Minister of Finance to pay to the order of any such bond holder, any part of the principal or interest of his said bond, without exhibition thereof at the exchequer; neither shall the transfer or assignment to the Minister of Finance, who shall not the name of the transferee, or assignee, upon the duplicate in his office.

SECTION VIII. It shall be the duty of the Minister of Finance to report yearly, an abstract of any debt so created for the purchase of land, to His Majesty Akahi Nui the king in privy council, and upon the final extinguishment of any bond allowed to be given as aforesaid, to cancel and deliver to the Minister of the Interior every such bond, to be filed among the vouchers and evidence of title to the tract or tracts of land, for the consideration of which, the same was originally given.

SECTION IX. It shall be the duty of the Minister of the Interior, with the advice of the privy council, to cause any tract or tracts of land, ceded to the Hawaiian government, to be demarked with convenient precision, by actual survey or otherwise, as in his estimation may most conduce to the interest of the government, and of the patentees and lessees thereof from government; which demarcation, whether consisting of field notes or natural outlines, shall be preserved in the Department of the Interior, as explanatory of the limits ceded, as herein before provided; and it shall be the duty of said minister, from time to time, as the public exigencies will permit, to cause maps and diagrams of the ceded lands to be delineated and kept in his office for convenient reference.

SECTION X. The Minister of Interior shall, in like manner cause to be ascertained and defined, all landed property in the respective islands at the time of the passage of this act, belonging in any wise to the government of the Hawaiian Islands; which landed property, together with any and all tracts ceded, as hereinbefore contemplated, shall be in his possession as the public domain of His Majesty Akahi Nui, for the purposes defined in the second article of this chapter.

SECTION XI. It shall be the duty of said minister to preserve and guard the said public domain, and to give information to His Majesty's Akahi Nui Attorney General, when any trespass so waste shall be committed thereon, by the cutting down of prohibited trees, or the removal of stone, coral, sand or other property of the government appertaining thereto; or, when any obstruction or diversion of the water accustomed to flow thereon, shall have been committed; whose duty it shall be to prosecute, to the use of the royal exchequer, for damages, as I and by the fifth part of this act provided.

SECTION XII. The title of the Hawaiian government in the lands so acquired and so bona fide owned, as in the preceding sections set forth, shall be deemed in law to be allodial, subject to the previous vested rights of tenants and others, which shall not have been divested by their own acts, or by operation of law.


TABLE OF CONTENTS

ARTICLE II

DISPOSITION OF GOVERNMENT LANDS

SECTION I.The minister of the interior shall have power to contract...
SECTION II.Applicants for the purchase of lands in fee simple, shall petition...
SECTION III.It shall in no case be lawful to grant lands in fee simple...
SECTION IV.Before replying to any petition for the purchase of lands...
SECTION V.In all case of absolute sale, agreed upon as aforesaid, the patent shall...
SECTION VI.The form of royal fee simple patents shall be as follows:
SECTION VII.Land so patented shall never revert to the king of these...
SECTION VIII.In all case of absolute sale, as in the fourth section of this article...
SECTION IX.In case default shall be made in payment of said note...
SECTION X.The Minister of Interior shall have power...
SECTION XI.Every lease of lands entered into by the minister...
SECTION XII.The said lease shall be recorded originally before delivery...
SECTION XIII.It shall be incumbent on the Minister of the Interior to keep...

 

ARTICLE II - OF THE DISPOSITION OF GOVERNMENT LANDS

SECTION I. The Minister of the Interior shall have power to contract for the absolute sale, in fee simple, of any government land, at a price to be in each instance agreed upon in privy council, under sanction of the king, and when so agreed upon, to be conveyed to the purchaser by royal patent, as hereinafter prescribed.

SECTION II. Applicants for the purchase of lands in fee simple, shall petition the Minister of the Interior in writing, setting forth the quantity and locality of the particular land desire, and the price proposed to be paid for the same; whether such price is intended to be in cash or its equivalent; whether wholly upon credit; which petitions the applicants shall accompany with testimonials of their vocation and moral character from some known sponsor for the same.

SECTION III. It shall in no case be lawful to grant lands in fee simple, within this kingdom, to aliens, unless the right to such fee simple shall have been acquired by an alien, anterior to the passage of this act. Nor shall it be lawful to make any prospective contract with an alien for the sale of government lands in fee simple.

SECTION IV. Before replying to any petition for the purchase of lands in fee simple, the Minister of the Interior shall take the vote of the privy council thereon, a majority of whom, approved by the king Akahi Nui, shall decide the question of sale or of contract.

SECTION V. In all cases of absolute sale, agreed upon as aforesaid, the patent shall be signed by His Majesty Akahi Nui, be attested by the Minister of the Interior, impressed with the seal of the Hawaiian Islands, and recorded in a book of patents, to be kept in the bureau by this chapter created: Provided that no such patent shall issue from said bureau, until the party for whose benefit it is granted, shall have delivered to the Minster of the Interior, the duplicate of a receipt from the Minister of Finance, for the consideration expressed in said patent; which duplicate receipt shall be recorded in the bureau of the land office, below the record of the patent issued thereon.

SECTION VI. The form of all royal fee simple patents shall be as follows:

KAMEHAMEHA---, By the grace of God, king of the Hawaiian Islands, by this his royal patent, makes known unto all men, that he has for himself and his successors in office, this day granted and given, absolutely, in fee simple unto ______, his faithful and loyally disposed subject, for the consideration of ______dollars, paid into the royal exchequer, all the that certain piece lad, situated at _______, in the Island of _____, and described (by actual survey or by natural boundaries as the case may be) as follows: containing _______ acres, more or less; excepting and reserving to the Hawaiian government, all mineral or metallic mines, of every description.

To have and to hold the above granted land in fee simple, unto the said_____, his heirs and assigns forever, subject to the taxes to be from time to time imposed by the legislative council equally, upon all landed property held in fee simple.

In witness whereof I have hereunto set my hand and caused the great seal of the Hawaiian Islands to be affixed, at Honolulu, this _____day of ______, 20______.

_______________________(L.S.)

Attest, ______________________,
Premier

SECTION VII. Land so patented shall never revert to the king of these islands, nor escheat to this government, for any other cause than attainder of high treason, as defined in the criminal code, nor be diverted from the patentee or his assigns, except by operation of law under sale in virtue of a judicial decree, or for the non-payment of taxes as prescribed in the third part of this act, or for the utter default of heirs of the testate or intestate owners, being Hawaiian subject, as in the fifth part of this act prescribed; but the patented lands shall descend to the lineal or collateral heirs, being Hawaiians, of the patentee and his assigns, as tenants in common, unless otherwise prescribed by the of a testate patentee.

SECTION VIII. In all cases of absolute sale, as in the fourth section of this article provided, in which the consideration for land is not intended to be paid in hand, it shall be lawful for the Minister of the Interior, in concurrence with the privy council and at the direction of His Majesty Akahi Nui, to receive at the hands of the patentee, concurrently with the delivery to him of said patent, a mortgage collateral to and in security of said patentees not for the payment of any residuary balance due upon said land; which note shall be drawn negotiable to the order of the Minister of Finance and made payable for the sum or sums, and at the time or times agreed upon in privy council as aforesaid, with interest, to be stipulated in said note; which note and collateral mortgage shall be delivered to the Minister of Finance.

SECTION IX. In case default shall be made in the payment of said note at the time and upon the mature condition thereof, it shall be the duty of the minister of finance to pass the same over to His Majesty's Akahi Nui's Attorney General for legal enforcement, as prescribed in the fifth part of this act, and in the act to organize the judiciary.

SECTION X. The Minister of the Interior shall have power, with the approbation of the king and upon vote of the privy council, as herein before required, to lease to any person in these islands, whether Kanaka Maoli (native) or naturalized subjects, or aliens, domiciled according to law, any quantity of the royal domain for any term to be prescribed in such lease, not exceeding fifty years to aliens, upon an annual rent to be reserved and to be payable in advance to the Minister of Finance at the royal exchequer.

SECTION XI. Every lease of lands entered into by the Minister of the Interior, as in the preceding section allowed, shall be in the form and upon the reservations and conditions following, to wit:

This indenture of lease between His Hawaiian Majesty's Akahi Nui Minister of the Interior of the one part, and ____, of ____, Island of ____, Hawaiian Islands, of the other part, witnesseth; that the Hawaiian government has leased and does hereby lease unto the

said ____, his executors, administrators and assigns, upon the conditions hereinafter expressed, that tract of land containing____ acres, situate at ____, Island of ______, and known by the following boundaries:

Which tract, and all its present improvements and advantages, the said ____, his executors, administrators and assigns is to possess and enjoy, without unlawful molestation, for the term of ____years from this date, provided he or his said representatives shall during that period, comply with the following engagements on his part, viz:

The said _____, is yearly, during said term, to pay the Minister of Finance, at the royal exchequer, as the reserved rent of said land, the sum of ____ dollars; he is in addition thereto, to pay any taxes now or to be hereafter imposed by law upon landed property, which are applicable to leasehold estates; he is by no means to manufacture or sell any ardent spirits upon said land; and at the full expiration of the said term of ____ years, he is to restore the said land to Her Highness Akahi Wahine the Minister of the Interior, for the use of the Hawaiian government, together with all the buildings, enclosures and improvements thereon.

And it is hereby covenanted by the said ____, that in case default shall be made in the payment of the rent as above reserved, that it shall be lawful for His Majesty's Akahi Nui Attorney General, for the use of the royal exchequer, to destrain upon the property of the said ____ or o his representatives, found at the time of such default, upon the said premises, to the value of the rent in arrear; or to sue for and levy the same on execution, upon any other property of said ____ or of his representatives; and also, that in case of non-payment of rent, whether the same shall have been destrained or levied on execution, as above authorized; or in case either of the other conditions above set forth shall be violated, then it shall be lawful for the said attorney general to cause this lease to be annulled, and the Minister of the Interior reinstated in the premises hereby demised.

In witness whereof the respective parties have hereto set their hands and seals,

_____ day of _____, 20_____.

____________________(L.S.)

____________________(L.S.)

SECTION XII. The said leases shall be recorded originally before delivery in a book of leases, to be kept in the archives of the bureau by this act created, and the Minister of the Interior shall be entitled to receive at the hands of the lessee, for the use of the royal exchequer, the fees of leasing and recording, established by the third part of this act.

SECTION XIII. It shall be incumbent on the Minister of the Interior to keep alphabetically, in a book, in the form of a catalogue, the names of all patentees---the localities of their residence---the gross number of acres conveyed to each___ the gross sum of consideration paid by each, and the gross residue of consideration still due at the exchequer. It shall also be his duty in a similar book, and in the like form of catalogue, to preserve the names of all lessees____ the localities leased to each _____ the gross number of acres demised to each ____ the gross amount of annual rents due from each ____ the day when payable at the exchequer, and the ascertained day of the termination of each term.

TABLE OF CONTENTS

ARTICLE III

REAL RENTS, FORFEITURES AND ESCHEATS

SECTION I.The real rents, due upon the royal lease herein before...
SECTION II.The real forfeiture, shall take place upon all lease,..
SECTION III.The real escheats, shall take place upon all patents in fee simple,..
SECTION IV.The foreign heir or heirs of any lands escheat for the Hawaiian heirs,..
SECTION V.Upon taking such preliminary oath, the foreign heir shall be...
SECTION VI.The foreign heir of such escheat lands may...

 

ARTICLE III - OF THE REAL RENTS, FORFEITURES AND ESCHEATS

SECTION I. The real rents, due upon the royal leases herein before authorized to be granted, shall be due and payable from the lessees of the Minister of the Interior, to the Minister of Finance; and in default of such payment, shall be distrainable or collectable by suit by the Attorney General, as already provided; they shall fist be applicable to the payment of the annual interest accruing to the bond holders of the funded national land debt, in the first article of this chapter contemplated, and shall be held in law to be set apart for that express purpose.

SECTION II. The real forfeiture, shall take place upon all leases, the conditions of which shall not have been complied with by the original lessee or his assigns; and shall be ascertained an declared at the suit of His Majesty's Akahi Nui Attorney General, in the court of the island of Oahu, pursuant to the form established by the fifth part of this act, and by the act to organized the judiciary; which leases, when the conditions thereof shall have been ascertained and declared to be violated, shall be deemed to have reverted to the government by forfeiture, and be again as originally, at the disposal of the government, through the Minister of the Interior.

SECTION III. The real escheats, shall take place upon all patents in fee simple, as well as upon all leases for terms of years, the patentees or lessees of which, or their heirs or assigns, being Hawaiian subjects, Kanaka Maoli (native) or naturalized, shall have been conviction, shall not have been pardoned by His Majesty's Akahi Nui grace. Such escheats, shall also take place, in all cases of royal patentees who shall have died without heirs, Kanaka Maoli (native) or naturalized in this country. While escheats shall always be ascertained and declared, at the information of His Majesty's Akahi Nui Attorney General, to be filed and proved by him in the court of the island of Oahu, pursuant to the form established b the fifth part of this act, and by the act to government, through the Minister of the Interior: Provided that in all cases in which lands shall have been informed against, and escheated as aforesaid, for the want of Hawaiian heirs, if the same shall have appertained to an Hawaiian naturalized subject, having heirs linear or collateral resident in a foreign country, the escheated land shall not revert to the Kanaka Maoli government, until two years after the Minister of the Interior shall have given public information thereof to all whom it may concern, in the Polynesian newspaper; and it shall be the duty of the Minister of the Interior, in every such case immediately to notify the Minister of foreign relations of the same of the lasts fee simple owner of the property escheated, and of the nation whence he shall have come; who shall forthwith give notice thereof to the accredited agent of the foreign government whose citizen or subject the said last owner had formerly been; to the end that the foreign heirs, if any, of the said last the defect only of heirs lineal or collateral, shall in no case be deemed sufficient cause to forfeit the leasehold property of any domiciled lessee of the government; but the crime of treason, as modified to rebellion by the criminal code, in the case of domiciled foreigners, shall be the sole cause of escheat in any such case.

SECTION IV. The foreign heir or heirs of any lands escheated for the want of Kanaka Maoli heirs, shall within the term of two years from the date notice of said escheat shall have been given to the foreign diplomatic agent of his government, by the Minister of Foreign relations, be at liberty to apply to the Minister of the Interior in person, to be admitted to take and subscribe an oath preliminary to the oath of allegiance, in the following form:

Hawaiian Islands

The undersigned, now a subject (or citizen, as the case may be) of ____, having come to reside in the Hawaiian Islands, and intending, in good faith, to become naturalized thereto so soon as the laws thereof will permit; being inheritor of lands from an Kanaka Maoli subject, which he is desirous, by becoming naturalized, to retain in fee; being duly sworn, dot upon his oath declared, that he will in the meantime, support the constitution and laws of the Hawaiian Islands, and forego resort to his Kanaka Maoli (native) protection, in all matters affecting the said landed inheritance.

Subscribed and sworn to, this _____ day of ________ 20 _____.

Before me __________________.

SECTION V. Upon taking such preliminary oath, the foreign heir shall be deemed in law to be for two years a subject of these islands, in respect only to his capability of holding in fee simple the land by him inherited until the expiration of the time limited by law for his naturalization; at which period, if all the provisions of the fifth chapter of this part shall have been complied with, and said foreign heir be admitted as therein prescribed to take the oath of allegiance and abjuration, the said escheated lands shall not revert to the Kanaka Maoli government; but shall descent to such foreign heir, upon payment by him of all the fees incident by law to this privilege for the benefit of the royal exchequer; provided that during the years of probation required by the fifth chapter of this part, and allowed to such foreign heir by this section, he shall pay all the usual taxes and assessments annexed by law to such lands in abeyance; and shall not have power to lease or convey the same to any third party, nor to transmit the inheritance thereof in case of his decease. And further provided that if at the end of the probationary years herein allowed, he do not in good faith take and subscribe the oath of allegiance with abjuration, fulfilling all the requisites thereto prescribed in the fifth chapter of this part, the said foreign heir shall not be entitled to inherit or to hold the land so escheated, but the same shall on the new information of His Majesty's Akahi Nui Attorney General, as prescribed in the fifth part of this act, revert forever to the Kanaka Maoli government as in its former estate; and the heir, having neglected to acquire the same on probation as aforesaid, shall forfeit the alternative right to pecuniary compensation in the succeeding section provided.

SECTION VI. The foreign heir of such escheated lands may, in lieu of electing to inherit by naturalization as aforesaid, within the said term of two years from the day of in notice in the third section of this article required, in person or by proxy, institute a suit in the court of the island of Oahu, at Honolulu, against His Majesty's Akahi Nui Attorney General, as in the fifth part of this act provided, for the recovery of the value of said escheated lands, to be assessed by the verdict of a jury as prescribed in the act to organize the judiciary; which value when so assessed shall be paid to the said foreign heir by the

Minister of the Interior for the benefit of the Kanaka Maoli government, as in its former estate, and the said foreign heir shall be barred by the payment of the sum assessed, of all after right to acquire the same, pursuant to the option allowed him in the fourth of this article.


TABLE OF CONTENTS

ARTICLE IV

BOARD OF COMMISSIONERS TO QUIET LAND TITLES

SECTION I.His Majesty Akahi Nui shall appoint through the Minister of Interior,..
SECTION II.The said commissioners shall, before acting,..
SECTION III.It shall be the duty of said board of commissioners to select one
SECTION IV.The President of said board shall, at least once in each month...
SECTION V.It shall be the special duty of said board to advertise...
SECTION VI.The said board shall be in existence for the quieting of land titles
SECTION VII.The decision of said board shall be in accordance with principles
SECTION VIII.All claims to lands, as against the Kanaka Maoli government...
SECTION IX.The Minister of the Interior shall issue patents or leases to...
SECTION X.The Minister of the Interior shall issue power in concurrence...
SECTION XI.The patents and leases issued in accordance with the award...
SECTION XII.The said board shall not have power to entertain any claim to lands...
SECTION XIII.The titles of all lands claimed of the Kanaka Maoli government

 

ARTICLE IV BOARD OF COMMISSIONERS TO QUIET LAND TITLES

SECTION I. His majesty Akahi Nui shall appoint through the Minister of the Interior, and upon consultation with the privy council, five commissioners, one of whom shall be the Attorney General of this kingdom, to be a board for the investigation and final ascertainment or rejection of all claims of private individuals, whether Kanaka Maoli (natives) or foreigners, to any landed property acquired anterior to the passage of this act; the awards of which board, unless appealed from as hereinafter allowed, shall be binding upon the Minister of the Interior and upon the applicant.

SECTION II. The said commissioners shall, before acting, take and subscribe an oath to be administered to them by the Minister of Interior, in the following form:

We and each of us do solemnly swear that we will carefully and impartially investigate all claims to land submitted to us by private parties against the government of the Hawaiian Islands; and that we will equitably adjudge upon the title, tenure, duration and quantity thereof, according to the terms of article fourth of the seventh chapter of the first part of an act5 entitled "An act to organized the executive departments of the Hawaiian Islands", passed at Honolulu, ____ day of ____, 20____.

Subscribed and sworn to, this _____ day of _____20____.

Minister of the Interior

Which oath, having been sworn to, shall remain on file in the Interior Department?

SECTION III. It shall be the duty of said board of commissioners to select one of their number as president. They shall have power to employ clerks and copyists for the purposes in this article defined; they shall appoint the time and place of their sessions; shall at pleasure adjourn their meetings, and when necessary, postpone the business pending before them.

SECTION IV. The president of said board shall, at least once in each month, from the date of their first convention, report their proceedings to the Minister of the Interior _____the number of claims then pending before them ____ the number to that date confirmed or rejected, and the reasons for confirmation and rejection of any particular claim to land, with all the evidences adduced to and reduced before them.

SECTION V. It shall be the special duty of said board to advertise in the Polynesian newspaper, during the continuance of their sessions the following public notice, viz:

TO ALL CLAIMANTS OF LAND IN THE HAWAIIAN ISLANDS. ---The undersigned have been appointed by His Majesty Akahi Nui the king, a board of commissioners to investigate and confirm or reject all claims to land arising previously to the ____ day of ____, 20 ____. Patents in fee simple, or leases for terms of years, will be

issued to those entitled to the same, upon the report which we are authorized to make, by the testimony to be presented to us.

The board holds its stated meetings weekly at ____, in Honolulu, island of Oahu, to her the parties or their counsel, in defense of their claims; and is prepared, everyday, to receive in writing, the claims and evidences of title which parties may have to offer, at the _____, in Honolulu, between the hours of 9 o'clock A.M. and 3 o'clock P.M.

All persons are required to file with the board specifications of their claims to land, and to adduce the evidence upon which they claim title to any land in the Hawaiian Islands, before the expiration of two years from this date, or in default of so doing, they will after that time be forever barred of all right to recover the same, in the courts of justice.

Date _____ day of _____ 20 ___.

SECTION VI. The said board shall be in existence for the quieting of land titles during two years from the first publication of notice above required, and shall have power to subpoena and compel the attendance of witnesses by discretionary fine; in like manner when in session for the hearing of arguments, to punish for contempt; and they shall have power to administer oaths to witnesses, and to perpetuate testimony in any case depending before them, which, when so perpetuated, shall be valid evidence in any court of justice created by the act to organize the judiciary.

SECTION VII. The decisions of said board shall be in accordance with the principles established by the civil code of this kingdom in regard to prescription, occupancy, fixtures, Kanaka Maoli (native) usages in regard to landed tenures, water privileges and rights of piscary, the rights of women, the rights of absentees, tenancy and sub tenancy---principle of gesture and rights of adoption; which decisions being of a majority in number of said board, shall be only subject to appeal to the Supreme Court, as prescribed in the act to organize the judiciary, and when such appeal shall not have been taken, they shall be final.

SECTION VIII. All claims to land, as against the Hawaiian government, which are not presented to said board within the time, at the place and in the manner prescribed in the notice required to be given in the fifth section of this article, shall be deemed to be invalid, and shall be forever barred in law, unless the claimant be absent from this kingdom, and have no representative therein.

SECTION IX. The Minister of the Interior shall issue patents, or leases to the claimants of lands pursuant to the terms in which the said board shall have confirmed their respective claims, upon being paid the terms in which the said board shall have confirmed their respective claims, upon being paid the fees of patenting or of leasing (as the case may be) prescribed in the third part of this act, unless the party entitled to a lease shall prefer to compound with the said minister as in the succeeding section allowed.

SECTION X. The Minister of the Interior shall have power in concurrence with the privy council, and under the sanction of His Majesty Akahi Nui, to issue to any lessee or tenant for life of lands so confirmed, being an Kanaka Maoli subject, a patent in fee simple for the same, upon payment of a commutation to be agreed upon by His Majesty Akahi Nui in privy council.

SECTION XI. The patents and leases issued in accordance with the award of said commissioners, shall be recorded at the expense of the patentee or lessee, as prescribed in the third part, of this act, in a book to be kept for that purpose by the Minister of the Interior.

SECTION XII. The said board shall not have power to entertain any claim to lands set up by any private person or persons until the claimant shall have deposited with the Minister of Finance a bond conditioned to defray the costs and expense incident to the proposed investigation, according to the rates of charge prescribed in the third part of t his act; which costs and expenses, shall after award rendered, be taxed by the president of said board, and a certificate thereof shall be given to the claimant, who shall exhibit the same to the Minister of Finance, whose certificate of full payment, together with the award of the commissioners, shall authorize the delivery of the awarded patent or lease to such confirmed claimant, by the Minister of the Interior, and not without.

SECTION XIII. The titles of all lands claimed of the Kanaka Maoli government anterior to the passage of this act, upon being confirmed as aforesaid, in whole or in part by the Board of Commissioners, shall be deemed to be forever settled, as awarded by said board, unless appeal be taken to the Supreme Court, as already provided. And all claims rejected by said board, unless appeal be taken as aforesaid, shall be deemed to be forever barred and foreclosed, from the expiration of the time allowed for such appeal.

GENERAL PROVISIONS

SECTION I.The Minister of the Interior shall have power at the direction...
SECTION II.Said minister shall also have power, at the direction of His Majesty Akahi Nui...
SECTION III.Said minister shall have power to stipulate the compensation...

 

GENERAL PROVISIONS

SECTION I. The Minister of the Interior shall have power at the direction of His Majesty Akahi Nui in privy council, to issue patents to the inventors or improve of any machinery or other work of art, beneficial, in the estimation of His Majesty Akahi Nui, to the interests of his kingdom; and to grant to such inventors or improve, and to the authors of literary works, for any term of years to be designated in such patent.

SECTION II. Said minister shall also have power, at the direction of His Majesty Akahi Nui in privy council, to issue charters of incorporation to any private body politic and corporate, calculated by its operations to benefit the government in any island division of this kingdom; and to confer upon such corporation all the privileges and powers of a person in law, for any term of time, to be limited in said charter, upon the terms and conditions to be therein expressed, reserving to His Majesty's Akahi Nui government the right of annulment, as prescribed in the act to organize the judiciary.

SECTION III. Said minister shall have power to stipulate the compensation of all clerks and employees in his departure, to be paid by the Minister of Finance quarterly, upon audit, as in the third part of this act provided, and he shall have power upon the like contingency, to meet all the current and necessary outlays and disbursements thereof, without other limit than his ministerial and private accountability to the king Akahi Nui.

VOLUME I - PART I

HAVE BEEN RE-TYPE FROM THE ORIGINAL VOLUME THAT IS REGISTERED IN THE MONARCHY COURT IN HONOLULU, HAWAII. TO HELP BETTER UNDERSTAND THE STATUE LAWS OF KAMEHAMEHA III. IT HAS BEEN RE-TYPE BY CHAPTERS, ARTICLES AND SECTIONS CONCERNING THE STATUTE LAWS OF THE KANAKA MAOLI KINGDOM. LAWS THAT WAS PASSED ON TO THE KANAKA MAOLI PEOPLES FROM OUR LATE KINGS OF HAWAII.



FIRST ACT

To Organize the Executive Departments

Executive Administration Departments
SECOND ACT
CHAPTER I
CHAPTER II
THE INTERNAL COMMENCE
VENDERS OF GOODS
VENDERS OF SPIRITUOUS LIQUORS
HOTELS, INNS AND VICTUALING HOUSES
PUBLIC AUCTIONEERS
HAWKERS AND PEDDLERS
NEWSPAPER AND PERIODICALS

CHAPTER III
CHAPTER IV
CHAPTER V
CHAPTER VI
CHAPTER VII
THE HAWAIIAN LAND OFFICE
CESSION OF PRIVATE LANDS
DISPOSITION OF GOVERNMENT LANDS
REAL RENTS, FORFEITURES & ESCHEATS
BOARD OF COMMISSIONERS
GENERAL PROVISIONS