R A I , :i-.-' - PUBLIC HEALTH LAWS OF HAWAII COMPILED AND ANNOTATED BY E. A. MOTT-SMITH HONOLULU, JANUARY 1, 1912. t fmy ?&$. PUBLIC HEALTH LAWS OF HAWAII -~) u~ ; COMPILED AND ANNOTATED BY E. A. MOTT-SMITH HONOLULU,' JANUARY 1, 1912. °fl qj* ^r V «A This compilation contains the statute law of the Territory as it now stands relating to public health, not only the health laws administered by the Territorial board of health, but the health laws administered by the board of commissioners of agriculture and forestry, the depart- ment of public works, the city and county and the several counties. The compilation is intended primarily for the use of health officers. Hence the notes have been made full, stating the source of the law, and including as many cross references as practicable, as well as refer- ences to decision of the Territorial supreme court to volume 20 page 720. The following abbreviations have been used: R. L. Revised Laws of Hawaii, 1905. Org. Act. Organic Act of Hawaii. S. L. Session Laws. Sec. Section. Chap. Chapter. par. paragraph. E. A. MOTT-SMITH. Honolulu, January 1, 1912. iW 1912 TABLE OF CONTENTS. ORGANIZATION. Sections. laws creating the territorial board of health 1- 7 powers of the board 8- 11 SANITATION. regulations 12- 15 abatement of nuisances 16- 23 sanitary condition of land 24- 35 sanitary condition of buildings 36- 40 lodging and tenement houses 41- 45 steam laundries 46- 48 laundry dyeing or cleaning works 49 public laundries 50- 54 dumping rubbish : dead animals 55- 56 diseases of animals 57- 73 slaughter houses 74 cemeteries 75- 77 disinterment of human bodies 78 sewerage 79- 84 DISEASES. infectious diseases 85- 93 vaccination 94-104 tuberculosis 105-121 leprosy 122-150 acquisition of land: leprosy 151-160 county of Kalawao: leprosy 161-166 FOODS, DRUGS AND POISONS. adulterated foods and drugs 167-177 manufacture compounding preparation food products 178-181 manufacture of poi for sale . 182-185 milk 186-187 oleomargarine 188-189 unwholesome food: gross cheat 190-193 intoxicating liquor: adulteration 194-200 opium 201-203 poisons 204-209 3 INSTITUTIONS. hospitals 210-216 insane asylum 217-237 BIRTHS, DEATHS AND MARRIAGES. vital statistics 238-257 PRACTICE ACTS. medicine and surgery 258-269 dentistry 270-286 pharmacy 287-302 veterinary practice 303-310 MISCELLANEOUS. barbers 311-312 miscellaneous laws 313-331 prostitution 332-339 county and city and county powers in health matters 340-351 LAWS CREATING THE TERRITORIAL BOARD OF HEALTH. Sec. 1. THE BOARD OF HEALTH. The governor shall nominate and, by and with the advice and consent of the senate of the Terri- tory of Hawaii, appoint the members of the board of health; and he may make such appointments when the senate is not in session by granting commissions, which shall, unless such appointments are con- firmed, expire at the end of the next session of the senate. He may, by and with the advice and consent of the senate of the Territory of Hawaii, remove from office any of such officers. All officers appointed under the provisions of this section shall be citizens of the Territory of Hawaii. (Org. Act, Sec. 80.) Sec. 2. MEMBERS; ORGANIZATION. There shall be a board of health for the Territory of Hawaii consisting of seven members, four of whom shall be laymen, two physicians, and the attorney general, ex-officio. The members of the said board shall be appointed by the governor, who shall also appoint the president, with the advice and consent of the senate of the Territory of Hawaii, shall be commission- ed for two years, and shall hold office until their successors are ap- pointed and qualified, unless sooner removed. All of the members of the said board shall serve without pay, except the president, whose salary shall be provided by the legislature. The president of the board shall preside at the meetings of the board, and in case of his absence, any member of the board may be chosen to preside over the meetings of the board. The board shall appoint its secretary, agents and physicians, who shall receive such compensation for their services as shall be provided by the legislature. (R. L. Sec. 988, as amended by Org. Act. Sec. 80.) Sec. 3. AGENTS. Said board of health may appoint suitable agents in such localities as it may deem necessary, to carry into effect all Note to Sec. 1. The governor cannot suspend an officer so appointed; In re Austin, 15 H. 114., though he may, by and with the consent of the senate, re- move such officer under this section. Note to Sec. 2. President to give bond and officers and employees may be required to give bond, see Sees. 313, 315 (Act 100, S. L. 1905, as amended by Act 114, S. L. 1907 and Act 17, S. L. 1909); Officers and employees must be American citizens, Sec. 316 (Act 32, S. L. 1909); Acting President, Sec. 314 (Act. 21, S. L. 1909); Attorney-general to assist on points of law R. L. Sees. 1548, and 1549. regulations for the public health; and it shall hold such agents ac- countable for all moneys received and disbursed by them, on account of the public health, and also for the manner in which they may dis- charge their several duties. (R. L. Sec. 990.) Sec. 4. IMPERSONATING INSPECTOR. Whoever falsely assumes to be a sanitary inspector or agent of the board of health or other officer or employee of the government and takes upon himself to act as such, shall be punished by imprisonment for not more than one year or by fine not exceeding one hundred dollars. (R. L. Sec. 3029, as amended by Act 29, S. L. 1905.) Sec. 5. ACCOUNTS. For the purpose of carrying into effect the JVote to Sec. 3. Impersonating inspector, Sec. 4, (R. L. Sec. 3029, as amended by Act 29, S. L. 1905); Agents must be American citizens, Sec. 316, (Act 32, S. L. 1909); may be required to give bond, Sec. 315, (Act 100, S. L. 1905, as amended by Act 114, S. L. 1907, and Act 17, S. L. 1909); office hours, Sec. 317, (Joint Res. No. 3. S. L. 1909); seize amaama in closed season, Sec. 320, (Sec. 3. Act 110, S. L. 1911); examine into nuisances, sources of filth, etc., and order abatement thereof, both on public and private prop- erty, Sees. 16-19. (R. L. Sees. 994-997, as amended by Act 111, S. L. 1911); repair, air space, sanitary condition, and entry of lodging houses, etc., Sees. 36-38 (R. L. Sees. 1020-1022); certificate and inspection lodg- ing, tenement houses, etc., Sees. 41-45, (R. L. Sees. 1382-1386, as amended by Act 151, S. L. 1909); steam laundries, Sees. 46-48 (R. L. Sec. 1375, as amended by Act 151, S. L. 1909 and R. L. Sees, 1376 and 1378); cleaning and dyeing works, Sec. 49, (R. L. Sec. 1418 I, as enacted by Act 96, S. L. 1907, amended by Act 151, S. L. 1909); laundries, Sees. 50-52, (R. L. Sees. 1063-1065 and R. L. 1066, as amended by Act 111, S. L. 1907 and R. L. 1067, (this law in the absence of any building erected by the superin- tendent of public works being practically in-operative); slaughter- houses, Sec. 74, (R. L. Sec. 1003); cemeteries, Sec. 77, (R. L. Sec. 1170); disinterments, Sec. 78, (R. L. Sec. 3196, as amended by Act 26, S. L. 1909); reports of infectious and contagious diseases to be made to board of health agents, Sec. 86, (R. L. Sec. 1005, as amended by Sec. 2. Act 125, S. L. 1911); quarantine, Sec. 88, (R. L. Sec. 1006, as amended by Sec. 4. Act 125, S. L. 1911); reports of tuberculosis cases to be made to board of health agents, Sec. Ill, (Sec. 7. Act 118, S. L. 1911); disinfection premises of tuberculosis cases, Sees. 114, 115, (Sees. 10, 11, Act 118, S. L. 1911); preventing carelessness of persons having tuberculosis, Sec. 116, (Sec. 12, Act 118, S. L. 1911); physician to report recovery of tuberculosis patient to agent board of health, Sec. 119, (Sec. 15, Act 118, S. L. 1911); reports of leprosy cases to be made to board of health agents, Sec. 128, (Sec. 3. Act 81, S. L. 1909); service of notice in leprosy cases, Sec. 129, (Sec. 4. Act 81, S. L. 1909); concealing lepers, Sec. 138, (R. L. Sec. 1123); manufacture food stuffs, Sees. 178, 179 (Sees. 1, 2, Act 117, S. L. 1911); manufacture poi, Sees. 182-185, (Sees. 1-4, Act 101, S. L. 1911); milk inspection, Sec. 187, (R. L. Sec. 1389); record of poisons, Sees. 205, 208, (R. L. 1052, 1055); barbers, Sees. 311, 312, (Act 70, S. L. 1907); County and city and county health inspectors same powers as agents of Terri- torial board of health, Sees. 340, 343, (Chap. 14, Sec. 62, par. 5, Act 39, S. L. 1905, amended by Act 64, S. L. 1907 and Act 98, S. L. 1909; also Chap. 5, Sec. 23, par. 1. Act 118, S. L. 1907, as amended by Act 99, S. L. 1909.) laws relating to the public health, the board of health is invested with full power to apportion and disburse all sums of money that shall be appropriated by the legislature for the preservation of the public health. The said board shall observe the strictest economy in the expenditure of all public moneys placed under its control. (R. L. Sec. 989.) Sec. 6. LEPROSY ACCOUNTS SEPARATE. The board of health while keeping an accurate and detailed account of all sums of money expended by them out of any appropriations which may be made by the legislature, shall keep the account of sums expended for leprosy distinct from the general account. And the said board shall report to the legislature at each of its regular sessions, the said expendi- tures in detail, together with such information regarding the disease of leprosy, as well as the public health generally, as it may deem to be of interest to the public. (R. L. Sec. 1130.) Sec. 7. RECORD OF PROCEEDINGS: WEEKLY REPORTS DURING EPIDEMICS. The board of health shall keep a regular rec- ord of its proceedings. Said board shall also, during the prevalence of any severe pestilence, or epidemic, publish a weekly report of the public health. (R. L. Sec. 988.) POWERS OF THE BOARD. Sec. 8. GENERAL PROVISION. The board shall have the general charge, oversight and care of the health and lives of the people of the Territory. It shall have authority in matters of quarantine and other health matters and may declare and enforce quarantine when none exists and modify or release quarantine when it is established. It shall be the duty of all county and city and county health author- ities, sheriffs and police officers, and all other officers and employees of the Territory, and every county or city and county thereof, to en- Note to Sec. 6. For advertisement for tenders, Sec. 323, (Act 62, S. L. 1909 as amended by Act 72, S. L. 1911); inventory government property, Sec. 330, (Act 77, S. L. 1909); government contracts, Sees. 324-329, (Act 62, S. L. 1909); leprosy accounts separate, Sec. 6, (R. L. Sec. 1130); copy contracts to be filed with auditor. R. L. Sec. 1530; realizations Kohala hospital, Sec. 215, (Act 36, S. L. 1907). Note to Sec. 7. No statutory provision as to how minutes should be kept. Regularity of record of minutes sustained; Ahann vs. Insurance Co., 15 H. 638, 639. force the rules and regulations of the board of health. Such powers in health matters as have been or may be conferred upon any county or city and county, shall be concurrent with those of the board of health. It shall make, through its president, an annual report to the governor, showing in detail all its expenditures and transactions, and such other information regarding the public health as it may deem of special interest. (R. L. Sec. 988 as amended by Act 132, S. L. 1911.) Sec. 9. HEALTH LAWS. The health laws of the government of Hawaii relating to the harbor of Honolulu and other harbors and In- lets from the sea and to the internal control of the health of the islands shall remain in the jurisdiction of the government of the Territory of Hawaii, subject to the quarantine laws and regulations of the United States. (Org. Act Sec. 97, Par. 2.) Sec. 10. MUNICIPAL AND COUNTY LICENSES AND PERMITS; CERTIFICATE OF APPROVAL. No permit or license shall be issued by any county or city and county officer for the erection, maintenance, use or operation of any building for which a permit or license may be issued by such county or city and county officer under the pro- visions of act 97 of the session laws of 1911, or under the provisions Note to Sec. 8. Under old statute officer of board had no authority to direct a school teacher to cut the hair of a pupil; Kanula vs. Austin, 8 H. 54. On quar- antine and removal of persons affected "with contagious disease see Sees. 89, 90 (R. L. Sec. 1006, as amended by Sec. 4. Act 125. S. L. 1911, and R. L. Sec. 1007). For territorial quarantine laws as to vessels and contagious diseases see Sees. 87-91 and 94, (R. L. Sees. 1005, 1008, 542- 544). For foot-binding see R. L. Sees. 2919, 2920: cruelty to children Act 21, S. L. 1907: abortion, R. L. Sees, 3165-3167; disorderly house, R. L. Sees. 3168-3171: artesian wells, R. L. Sees. 3197-3200: vagrants, prostitutes, R. L. Sec. 3195; approval or cancellation of county' or city and county licenses, Sees. 10, 11, (R. L. Sec. 992A, as enacted by Sec. 3, Act 132, S. L. 1911): see also note to Sees. 3 and 10. See Gibson vs. Steamer Madras, 5 H. 109. Note to Sec. 9. "Quarantine regulations" in the first paragraph, (here omitted), of this Sec, refer to P. L., Sees. 886-906, which were expressly repealed by Org. Act, Sec. 7, § 2. See Sees. 87, 91-94, (R. L. Sees. 1005, 1008, 542-544) on duties of masters and pilots when contagious disease on board vessels as law continued in force subject to the quarantine laws and regula- tions of the United States. See also Sec. 8, (R. L. Sec. 988 as amended by Act 132, S. L. 1911) as to powers of the board of health in regard to quarantine. Under regulations of United States Public Health and Marine Hospital Service the following are quarantinable diseases, cholera, yellow fever, small pox, typhus fever, leprosy and plague. See Sec. 88, (R. L. Sec. 1005A as enacted by Sec. 3, Act 125, S. L,. 1911). "Subject to the quarantine laws and regulations of the United States" apparently means in so far as those laws are applicable or applied. The territorial quarantine laws are otherwise applicable. 8 of any ordinance made in pursuance of said act, nor for the erection, maintenance, use or operation of any bakery, laundry, poi shop, abat- toir, stable, fish, meat or vegetable store or market, hotel, tenement, lodging house or any place or building where noisome and noxious trades or manufactures are carried on, or intended to be carried on, for which a permit or license may be issued by such county or city and county officer, except upon a certificate of the board of health, setting forth that an agent of said board has examined the place at which it is proposed to erect or move said building, or to erect, main- tain, use or operate said building, bakery, laundry, poi shop, abattoir, stable, fish, meat or vegetable store or market, hotel, tenement, lodg- ing house, or place or building where noisome or noxious trades or manufactures are carried on, or intended to be carried on, and that such place or building is in a fit and sanitary condition, and suitable for the purpose for which it is intended. (R. L. Sec. 992A, as enacted by Sec. 3, Act 132, S. L. 1911.) Note to Sec. 10. Act 97, S. L. 1911, amending Sec. 23, Act. 118, S. L. 1907, relates to the powers of the supervisors of the City and County of Honolulu to regulate erection of building - , etc. Prior to July 1, 1911, the date of the taking effect of Act 73, S. L. 1911, which repealed R. L. Chap. 73, this power was exercised by the superintendent of public works. By error, apparently, Act 93, S. L. 1911, which give similar powers to supervisors of counties as was given by Act 97 to the supervisors of the City and County of Honolulu, was not also included in this section. Hence the treasurers of counties may issue "building permits," without the re- quirement of a certificate of an agent of the board of health, for all classes of buildings or occupations not specifically enumerated in the foregoing section or included in other laws; but the treasurer of the City and County of Honolulu, before issuing a license, must first receive such certificate, not only as to the class of buildings or occupations specifically enumerated in this section, but as to the class of buildings embraced under Act 97, S. L. 1911, and specifically included in other laws. In the absence of statutory provision making such certificate a pre- requisite, the board of health has no authority, to prevent the issuance of permits for buildings; In re Akwai, 13 H. 239, 240. Such statutory provision has now been made as above noted, and has existed in regard to certain specific occupations, buildings and premises covered by other laws. Under such other laws licenses cannot be issued by treasurers of counties nor by the treasurer of the City and County without a certifi- cate of an agent of the board of health in the following cases; lodging and tenement houses, Sees. 41-45, (R. L. Sees. 1382-1385, as amended by Act 151, S. L. 1909); steam laundries, Sees. 46-48, (R. L. Sec. 1375, as amended by Act 151, S. L. 1909 and R. L. Sees. 1376 and 1378); cleaning and dyeing works, Sec. 49, (R. L. Sec. 1418 I, as enacted by Act 96, S. L. 1907, amended by Act 151, S. L. 1909); slaughter houses, Sec. 74, (R. L. Sec. 1003); manufacture food stuffs, Sees. 178, 179, (Sees. 1, 2, Act 17, S. L. 1911); manufacture poi, Sees. 182-185, (Sees. 1-4, S. L. 1911); bar- Sec. 11. MUNICIPAL AND COUNTY LICENSES AND PERMITS; CANCELLATION. The board of health is hereby authorized to direct the cancellation of such permit or license issued by any county or city and county officer, where any such building or place fails in any respect to meet the requirements of the general health laws and regulations. (S. L. Sec. 992A, as enacted by Sec. 3, Act 132, S. L. 1911.) REGULATIONS. Sec. 12. GENERAL PROVISION. The board of health, with the approval of the governor, may make such regulations respecting nuis- ances, foul or noxious odors, gases or vapors, water in which mosquito larvae breed, sources of filth, cause of sickness or disease, within the respective districts of the Territory, and on board of any vessels; as also respecting adulteration and false branding of food; drainage; location, air space, ventilation and sanitation of buildings, courts, areas and alleys; privy vaults and cesspools; fish and fishing; inter- ments and dead bodies; laundries, stables, bakeries, poi shops, abat- toirs, fish, meat or vegetable stores or markets, hotels, lodging houses, tenements, or any place or building where noisome or noxious trades or manufactures are carried on, or intended to be carried on; milk; poisonous drugs; pig and duck ranches, as it shall deem necessary for the public health and safety. (R. L. Sec. 991, as amended by Act 42, S. L. 1905, and Sec. 2, 132, S. L. 1911.) Sec. 13. REGULATIONS: INFECTED ARTICLES. Said board shall, with the approval of the governor, also make such regulations as it may deem necessary for the public health and safety, respecting any articles which are capable of containing or conveying any infec- tion or contagion, or of creating any sickness, when such articles shall be brought into or conveyed from any district, or into or from bers, Sees. 311, 312, (Act 70, S. L. 1907). Under R. L. Sec. 1418 G., (Act 96, S. L. 1907) a license is required for the sale of fish at a fixed place of business; Terr. vs. Choy Dan, 20 H. 1. No license is required to peddle fish, R. L. Sec. 1418 H. as enacted by Act 96. S. L. 1907. Note to Sec. 12. A regulation made by virtue of this section compelling - sewer con- nections held valid; McCamlless vs. Campbell, 20 H. 415, 417, 418. For erection of lodging- or tenement houses, see note to Sec. 346. Ordinance prohibiting spraying clothes from the mouth held valid: Terr. vs. All Choy, 17 H. 331. 10 any vessel. (R. L. Sec. 991 as amended by Act 42, S. L. 1905 and Sec. 2, Act 132, S. L. 1911.) Sec. 14. REGULATIONS; TO BE PUBLISHED. Notice shall be given by the board of health of all regulations made by it, by publish- ing the same in some newspaper of the district, or, where there is no such newspaper, by causing them to be posted in three public places of the town or district; and such notice of said regulation shall be deemed legal notice to all persons. (R. L. 992.) Sec. 15. REGULATIONS; PENALTY FOR VIOLATIONS. Every person who shall violate any regulation of the board of health, after the same shall have been published, as provided in Sec. 14, (R. L. Sec. 992), shall be fined not exceeding one hundred dollars. (R. L. Sec. 993.) ABATEMENT OF NUISANCES. Sec. 16. REMOVAL; PREVENTION. The board of health and its JVote to Sec. 13. For other regulations see, steam laundries, Sec. 48, (R. L. Sec. 1378): laundries, Sec. 52, (R. L. Sec. 1065); diseased animals, under board of agriculture, Sec. 61, (R. L. Sec. 390 B, as enacted by Sec. 4, Act 82, S. L. 1905, amended by Act 114, S. L. 1909); slaughter houses, Sec. 74, (R. L. Sec. 1003); cemeteries, Sec. 77, (R. L. Sec. 1170); tuberculosis, Sec. 121, (Sec. 17, Act 118, S. L. 1911); permit to treat lepers, Sec. 125, (R. L. Sec. 1127); leper hospital on Oahu, Sec. 126, (Sec. 1. Act 81. S. L. 1909); treatment of lepers at hospital, Sec. 127, (Sec. 2, Act 81, S. L. 1909); also control of lepers, Sec. 143, (R. L. Sec. 1129); parole lepers, Sec. 131, (Act 113, S. L. 1911); aid to indigent released lepers, Sec. 134, (Act 95, S. L. 1911); segregation treatment of lepers, Sec. 135, (Sec. 8. Act 81, S. L. 1909); labor by leper patients, Sec. 141, (R. L. Sec. 1128); Kokuas, Sec. 146, (R. L. Sec. 1133); County of Kalawao, Sec. 162, (Sec. 2, Chap. 2, Act 39, S. L. 1905); manufacture food products, Sec. 178, (Sec. 1. Act 117, S. L. 1911); sale of opium, Sec. 201, (R. L. Sec. 1399); hospitals, Sec. 210, (R. L. Sec. 1111); hospital, North Kohala, Sec. 215, (Act 36, S. L.. 1907); insane asylum, Sec. 218, (R. L. Sec. 1113); Vital statistics, Sec. 256, (R. L. Sec. 1166); barbers, Sec. 311, (Act 70, S. L. 1907); public markets under superintendent public works, Sec. 319, (R. L. Sec. 2680); prostitutes, Sec. 339, (P. L. 1897, Sec. 863): County health matters, Sec. 340, (Chap. 14, Sec. 2, Par. 5. Act 39, S. L. 1905, as amended by Act 98. S. L. 1909): also Sec. 341, (Chap. 4. Sec. 9, par. 4 A, Act 39, S. L. 1905, as amended by Act 100, S. L. 1909); city and county health matters, Sec. 343, (Chap. 5. Sec. 23, par. 1. Act 118, S. L. 1907, as amended by Act 99, S. L. 1909); also, Sees. 344, 345, (Act 79, S. L. 1909): also Sec. 346, (Chap. 5. Sec. 23, par. 4, Act 118, S. L. 1907, as amended by Sec. 2, Act 79, S. L. 1909): county and city and county officers enforce Terri- torial board of health rules and regulations, Sec. 350, (Sec. 1, Act 132, S. L. 1911). See Wong Chow vs. Insurance Co., 13 H. 161; Hawaii Land Co. vs. Insurance Co., 13 H. 164; Akwai vs. Insurance Co., 14 H. 533, 537: Ahana vs. Insurance Co., 15 H. 636: Kwong Lee Yuen Co. vs. Insurance Co., 15 H. 704. 11 agents shall examine into all nuisances, foul or noxious odors, gases or vapors, water in which mosquito larvae breed, sources of filth and all causes of sickness or disease, on shore, and in any vessel, which may be known to them or brought to their attention, which in their opinion are dangerous or injurious to health, and shall cause the same to be abated, destroyed, removed, or prevented. (R. L. Sec. 994, as amended by Sec. 1, Act 111, S. L. 1911.) Sec. 17. NUISANCE ON PRIVATE PROPERTY. Whenever any such nuisance, foul or noxious odors, gases or vapors, water in which mosquito larvae breed, source of filth, or cause of sickness or disease, shall be found on private property, the said board shall cause notice to be given to the owner or owners to remove and abate the same at his or their own expense within such reasonable time as the board may deem proper; a duplicate of the notice so given shall be left with one or more of the tenants or occupants of the premises; if the owner resides out of the Territory or cannot be reached with no- tice speedily, notice left at the house or posted on the premises shall be deemed sufficient, and if the owner or owners thus notified shall not comply with such notification or order of the board of health, or its Note to Sec. 16. For power to make regulations respecting - nuisances see Sec. 13, (R. L. Sec. 991 as amended by Act 42, S. L. 1905 and Act 132, Sec. 2, S. L. 1911). For other matters related to nuisances, see note to Sec. 3; also insanitary land, Sec. 24, et seq. ; sanitary condition of buildings, Sec. 56, et seq. Counties may make ordinance in regard to sanitation, collection and disposition of garbage, etc., Sec. 340, (Chap. 14, Sec. 62, par. 5. Act 39, S. L. 1905, amended by Act 64, S. L. 1907, and by Act 98. S. L. 1909). City and County of Honolulu may make similar ordinances, Sec. 343, (Chap. 5, Sec. 23, par. I. Act 118, S. L. 1907, amended by Act 99, S. L. 1909), and in addition thereto, ordinances regulating the method and style of construction and conditions under which laundries, poi shops, etc., and places where noisome trades are carried on, Sec. 344, (Ses. 3 A. and 3 B, Act 79, S. L. 1909); as also ordinances to protect health, life and property and to summarily remove nuisances, Sec. 346, (Chap. 5. Sec. 23, par. 4, Act 118, S. L. 1907, as amended by Sec. 2, Act 79, S. L. 1909). The foregoing powers are concurrent with those of the Territorial board of health, Sec. 351, (Sec. 1. Act 132.. S. L. 1911). On dumping rubbish in Honolulu or Hilo harbors or leaving dead animals on the shores or reefs see Sees. 56, 57. (R. L. Sees. 522,524). Statute does not authorize board to destroy that which was not a nuisance or to make or declare that to be which was not in fact a nuisance; Akwai vs. Ins. Co., 14 H. 533, 537. See also Wong 1 Chow vs. Ins. Co., 13 H. 161, and Hawaii Land Co. vs. Ins. Co., 13 H. 164. Ahana vs. Ins. Co., 15 H. 636. Kwong Lee Yuen Co. vs. Insurance Co., 15 H. 704. The authority of the board of health does not preclude the bringing by private persons of civil actions for abatement of nuisance; see fol- lowing extract from R. L. Chap. 213, on next page below Sec. 18. 12 agent, within the time specified, the board, or its agent, shall proceed to abate such nuisance and remove, destroy or prevent the cause of such foul or noxious odors, gases or vapors, water in which mos- quito larvae breed, source of filth, or cause of sickness or disease, or other thing detrimental to public health, and said board shall have a right to recover by action the expenses incurred by it in such abatement, removal, destruction or prevention, from any person or persons who shall have caused or allowed such nuisance, source of foul or noxious odors, gases or vapors, water in which mosquito larvae breed, source of filth or cause of sickness or disease, or other thing detrimental to the public health, and from any owner, tenant or occupant of the premises, who, after notice as aforesaid, shall have failed to abate, remove, destroy or prevent such nuisance, source of foul or noxious odors, gases or vapors, water in which mosquito larvae breed, source of filth, or cause of sickness or disease, or other thing detrimental to the public health within the time specified in such notice. (R. L. Sec. 995, as amended by Sec. 2, Act 111, S. L. 1911.) Sec. 18. NUISANCE ON PUBLIC PROPERTY. Whenever any such nuisance, foul or noxious odors, gases or vapors, water in which mos- quito larvae breed, source of filth, cause of sickness or disease, shall be found on public property or on a public highway, street, lane, alley, or other public place, notice shall be given by said board, or its agent, to the person or persons officially in charge thereof, and such EXTRACT FROM COMMON NUISANCE LAW. The offense of common nuisance is the endangering - of the public personal safety or health, or doing - , causing or promoting, maintaining or continuing what is offensive, or annoying and vexatious, or plainly hurtful to the public, or is a public outrage against common decency or common morality, or tends plainly and directly to the corruption of the morals, honesty and good habits of the people, the same being with- out authority or justification by law. As, for example, the carrying on a trade, manufacture or business in places so situated that others indiscriminately, who reside in the vicinity, or pass in a highway or public place, or resort to a school house, meeting house or any other place of legal and usual resort or assembly are liable to be thereby injured, annoyed, disturbed or en- dangered by deleterious exhalations, noisome vapors, hideous, alarming or disgusting sights, intolerable noise, or otherwise; Spreading or endangering the spreading of the smallpox, or other infectious disease; carrying an infected person, or causing him to pass through a frequented street; opening a hospital or pest house so as to endanger neighbors or the passers by in a frequented street, or other- wise. For form of complaint for abatement of common nuisance see Sec. 23, (R. L. Sec. 1838). Smoke nuisance; Fernandez vs. Ice Co., 5 H. 532. 13 person or persons shall be notified to abate, destroy, remove or pre- vent the same; and in case of failure to comply with such notice, the mode of procedure shall be the same as hereinbefore provided in case of private persons in section 16. (R. L. 995A, as amended by Sec. 3, Act 111, S. L. 1911.) Sec. 19. ENTERING LANDS, BUILDINGS, ETC. Whenever any member of the board of health, or its agent, shall deem it necessary for the preservation of the lives or health of the public to enter any land, building or vessel for the purpose of examining into, abating, destroying, removing or preventing any nuisance, source of foul or noxious odors, gases or vapors, water in which mosquito larvae breed, source of filth, or cause of sickness or disease, or other thing detri- mental to the public health, and shall be refused such entry, such member or agent may make complaint to the district magistrate in whose district such nuisance, source, place, or cause is, and such district magistrate may thereupon issue a warrant, directed to any sheriff, deputy sheriff or police officer of said district, commanding him to take sufficient aid, and, being accompanied by such member of said board or agent, between the hours of sunrise and sunset, to repair to the place described in said complaint, and to abate, destroy, remove or prevent, under the directions of such member or agent, such nuisance, source or cause. (R„. L. Sec. 997 as amended by Sec. 4, Act 111, S. L. 1911.) Sec. 20. PRISONERS TO ASSIST. For the purpose of removing nuisances, and causes of sickness, the board of health may require the high sheriff and sheriffs to cause the prisoners under their charge to aid in such work. (R. L. Sec. 998.) Sec. 21. WHO TO REPORT NUISANCES. It shall be the duty of the high sheriff and all officers of police, and physicians, to report to the board of health, or its nearest authorized agent, the existence of any nuisance injurious to the public health, of which any of them may be cognizant, as soon as possible after it shall come to their knowledge. (R. L. Sec. 999.) Sec. 22. VIOLATION; PENALTY. Any person who shall violate any of the provisions of this chapter, (R. L. Chap. 79 as amended by Act 111, S. L. 1911), or who shall violate any order made by said Board Note to Sec. 19. For other provision as to entry see Sec. 38, (R. L. Sec. 1022). See Peterson vs. Frazier, 18 H. 457. 14 in pursuance of the provisions of this chapter, shall, upon conviction, be fined not more than one hundred dollars ($100.00), and the court may, in its discretion, order the defendant, under the supervision of said board or its agent, to carry out at his own expense the provision or order violated, and no appeal shall suspend or affect such order pending the appeal. (R. L. Sec. 1000 as amended by Sec. 5, Act 111, S. L. 1911.) Sec. 23. COMMON NUISANCES— ABATEMENT OF— SWORN COMPLAINT. All applications for the abatement of common nuisances shall be by sworn petition addressed to some judge having jurisdiction thereof. (R. L. Sec. 1838.) SANITARY CONDITION OF LAND. Sec. 24. INSANITARY CONDITIONS TO BE REPORTED. When- ever in the opinion of the board of health any tract or parcel of land situated in the Territory of Hawaii, shall be deleterious to the public health in consequence of being low, and at times covered or partly covered by water, or of being situated between high and low water mark, or of being improperly drained, or incapable by reasonable ex- penditure of effectual drainage, or for other reason in an insanitary and dangerous condition, it shall be the duty of the board of health to report such fact to the superintendent of public works, together with a brief recommendation of the operation deemed advisable to improve such land. (R. L. Sec. 1025 as amended by Act 112, S. L. 1911.) Sec. 25. NOTICE TO OWNERS TO IMPROVE. It shall be the duty of the superintendent of public works, upon the receipt of such no- tice, to cause a copy of the same to be served in the manner pre- scribed in section 26 (R. L. 1027) upon the owner or occupant of such land. Said superintendent shall at the same time and in the same manner serve notice that, in case of failure to begin work upon such Note to Sec. 23. See note to Sec. 16. Note to Sec. 24. Under the decision in In re Ankwai 13 H. 239, it was held that this section does not make the approval of the board or of any of its officers a pre-requisite to the granting of a building permit. This dif- ficulty has since been remedied by the enactment of section 10, (R. L. Sec. 992 A as enacted by Sec. 3, Act 132, S. L. 1911). See note to section 10. For appointment Waikiki Reclamation Commission see Joint Res No. 2, p. 369, S. L. 1907. 15 improvements within twenty days, or such further time in special cases as to said superintendent may seem reasonable, and to com- plete such work within a reasonable time in such notice designated, such work or so much thereof as may remain undone will be done by the Territory at the cost of the lands benefited thereby. (R. L. Sec. 1026 as amended by Sec. 2, Act 112, S. L. 1911.) Sec. 26. SERVICE OF NOTICE. Service of such notice upon an owner in person, if within the Territory, or upon his agent if without the Territory, or upon the occupant of such land if the owner is un- known, or upon the guardian if the owner is a minor or person under guardianship, or by mail or personal delivery to the owner if without the Territory, shall be deemed good and sufficient service. If such land is unoccupied and the owner or his place of residence is unknown, or if he is without the Territory and his address is known and he has no known agent within the Territory, or if he is under age or incompetent, having no guardian in the Territory, such notice shall be published for five consecutive days in some newspaper of general circulation published in the county or city and county where the land is situated. The notice in all cases may be general in terms and ad- dressed to all persons whom it may concern. (R. L. Sec. 1027 as amended by Sec. 3, Act 112, S. L. 1911.) Sec. 27. APPEAL. During the period of twenty days, or such further time in special cases as is specified in the notice given pur- suant to the provisions of section 25 (R. L. Sec. 1026) any owner or occupant of the land sought to be improved, his attorney or agent, may file an appeal from the decision of the board of health condemning the land as deleterious to the public health, or from its decision as to the nature and extent of the improvements to be made, with the superintendent of public works, whereupon the superinten- dent shall transmit the appeal to the circuit court of the circuit where- in the land is situated. (R. L. Sec. 1028 as amended by Sec. 4, Act 112, S. L. 1911.) Sec. 28. HEARING, DECISION. Said court shall thereupon appoint three disinterested persons, who shall sit as a board to hear and determine whether or not the land is deleterious to the public health and whether improvements of the nature designated in such notice are required, and if such improvements are not required what, if any, improvements are required in order to render such land sanitary. The 16 decision of a majority of the board as to the necessity and nature and extent of the improvements shall be final and conclusive upon all parties in interest. The board shall appoint a time and place for hearing, first giving reasonable notice thereof to the president of the board of health, the superintendent of public works, and to the owner or occupant of the land in question. Service of such notice shall be as provided in section 26 (R. L. Sec. 1027). As compensation for their services each member of the board shall be entitled to re- ceive five dollars for each day of actual service. (R. L. Sec. 1029 as amended by Sec. 5, Act 112, S. L. 1911.) Sec. 29. PLANS, ETC. The superintendent of public works shall transmit to the board with such appeal a plan of the lands to be im- proved, showing, so far as practicable, the names of the owners and occupants thereof, together with a statement showing the extent and nature of the contemplated improvements, and an estimate of the cost thereof. (R. L. Sec. 1029A as amended by Sec. 6, Act 112, S. L. 1911.) Sec. 30. SUPERINTENDENT TO MAKE IMPROVEMENTS, WHEN. The board shall transmit a copy of its decision to the superintendent of public works and to the other persons affected thereby, so far as practicable, and in case the owner or owners of the land shall not within ten days after the receipt of such decision begin work upon such improvements, or in case the work shall not be completed within such additional time as shall have been specified as provided in sec- tion 25 (R. L. Sec. 1026), the superintendent may proceed to make or complete such improvements according to the decision of the board. In case no appeal shall be taken from the decision of the board of health as above provided, or work shall not be begun and completed within the times prescribed as aforesaid, the superintendent of public works may proceed to make or complete the improvements. (R. L. Sec. 1030 as amended by Sec. 7, Act 112, S. L. 1911.) Sec. 31. LIEN. The cost of the improvements made or contem- plated by the superintendent of public works, shall constitute a lien upon said land, which lien shall have priority over all other liens. (R. L. 1031, as amended by Sec. 8, Act 112, S. L. 1911.) Sec. 32. NOTICE AND RECORDING OF LIEN. Whenever work or improvement is done or contemplated by the superintendent of public works, he shall record in the office of the registrar of con- 17 veyances a notice of the cost of the work so done or contemplated and a brief description of the land on which the same is a charge, together with the name of the last known owner or owners, and shall also serve a copy of such notice upon such owner or owners in the manner provided in section 26 (R. L. Sec. 1027). (R. L. Sec. 1032, as amended by Sec. 9, Act 112, S. L. 1911.) Sec. 33. FORECLOSURE. Said lien may be foreclosed at any time after six months and within two years from the date of the record- ing required by the preceding section, by suit in equity or without suit by public sale by such superintendent in the name of the Terri- tory. Foreclosure by public sale shall be preceded by the publication of a notice, setting forth the time and place of such sale, the amount of such lien, and a brief description of such land, for at least three times, in a weekly paper published in the county or city and county where the land is situated. Said land shall be offered for sale at public auction at an upset price equal to the amount of said lien, and the cost of all advertising and other costs incurred, and if no higher price is bid, shall be knocked down to the Territory of Hawaii, which in such case shall be deemed to be the purchaser at the upset price. Such sale shall be effectual to convey the title to the purchaser, and a conveyance of the land to the purchaser may be executed in the name of the Territory by said superintendent. Only the balance of the purchase price after deducting the amount of such lien and costs, or, in case there is no balance or an insufficient balance, only an amount equal to the value of the land as last previously assessed for taxation, shall be subject to claims against the Territory. In case the Territory shall be the purchaser as aforesaid, the amount of such assessed value shall be payable out of the fund provided for in sec- ion 33 (R. L. Sec. 1034A), and the land may be sold at any time there- after at public auction after due notice at an upset price equal to the value of the land as determined by three disinterested appraisers ap- pointed by said superintendent, and the proceeds of such sale turned into the fund provided for in said section 35 (R. L. Sec. 1034A). In case of uncertainty as to the person or persons to whom such balance or assessed value should be paid or its apportionment among two or Note to Sec. 33. On liens and foreclosure thereof, see also R. L. Sees. 709, 723 et seq.r also R. L. Chap. 139. as amended by Act 59, S. L. 1907 and Act 108, S. L. 1911: and R. L. Chap. 140, as amended by Act 97, S. L. 1909. 18 more persons, it may be deposited in the circuit court for the benefit of whom it may concern. (R. L. Sec. 1033 as amended by Sec. 10, Act 112, S. L. 1911.) Sec. 34. PAYMENT PRESUMED WHEN. All such liens shall be presumed to have been satisfied at the expiration of three years from the date of record. (R. L. Sec. 1034.) Sec. 35. APPROPRIATION $250,000: There is hereby appropria- ted out of the general revenues the sum of two hundred and fifty thousand dollars to be used for the purpose of carrying out the pro- visions of this chapter, which sum shall be set aside in the Territory treasury, as follows; one hundred and twenty-five thousand dollars on June 1, 1911, and one hundred and twenty-five thousand dollars on February 1, 1912, as a special fund for use for such purpose and all moneys withdrawn from such fund for such purpose shall be reim- bursed or restored thereto so far as may be out of any moneys re- paid or collected under the provisions of this chapter. (R. L. 1034A, as enacted by Sec. 1, Act 157, S. L. 1911, amending Act 29, S. L. 1911.) SANITARY CONDITION OF BUILDINGS. Sec. 36. REPAIRS. AIR SPACE. Every house or tenement used or occupied as a dwelling for lodgers or contract laborers shall be kept by its owner in good repair, with the roof water-tight, and shall have the capacity of not less than three hundred cubic feet of space for each adult, or nine hundred cubic feet for one man and woman and two children. (R. L. Sec. 1020.) Note to Sec. 36. See municipal and county licenses, Sees. 10, 11, (R. L. Sec. 992 A, as enacted by Sec. 3, Act 132, S. L. 1911); regulations, Sec. 12, (R. L. Sec. 991, as amended by Act 42, S. L. 1905 and by Sec. 2, Act 132, S. L. 1911): lodging- and tenement houses Sees. 41-45, (R. L. Sees. 1382-1386, as amended by Act 151, S. L. 1909): steam laundries, Sees. 46-48, (R. L. Sec. 1375, as amended by Act 151, S. L. 1909 and R. L. Sees. 1376 and 1378); cleaning and dyeing works, Sec. 49, (R. L. Sec. 1418 I, as enacted by Act 96, S. L. 1907, amended by Act 151, S. L. 1909); slaughter houses, Sec. 74, (R. L. Sec. 1003); manufacture food stuffs, Sees. 178, 179, (Sees. 1, 2, Act 117, S. L. 1911); manufacture of poi, Sees. 182-185, (Sees. 1-4, Act 101, S. L. 1911); barbers, Sees. 311, 312, (Act 70, S. L. 1907); unsafe structures inspection and plumbing under the counties, Sec. 340, (Chap. 14, Sec. 62, par. 5, Act 39, S. L. 1905 as amended by Act 64, S. L. 1907, and Act 98, S. L. 1909); unsafe structures, inspection and plumbing, laundries, poi shops, abattoirs, etc., under the city and county, Sees. 343-346, (Chap. 5. Sec. 23, par. 1. Act 118. S. L. 1907 as amended by Act 99, S. L. 1909 and Sees. 3 A and 3 B. Act 79, S. L. 1909). See also note to section 346. 19 Sec. 37. GROUNDS, CLOSETS. The yard and grounds about all dwellings shall be well drained and kept free from rubbish of every description, with a closet, or privy, also to be kept in repair by the lodging-house keeper, or employer of laborers, for every six adults. (R. L. Sec. 1021.) Sec. 38. ENTRY BY HEALTH OFFICERS. Every owner or keeper and every other person having the care or management of a lodging- house or of a dwelling for contract laborers, shall at all times when required by the board of health or its agents give free access to such house or any part thereof. (R. L. Sec. 1022.) Sec. 39. PENALTY. Every lodging-house keeper or employer of laborers who shall fail to comply with the provisions of this chapter shall pay a fine not exceeding fifty dollars. (R. L. Sec. 1023.) Sec. 40. FILTH, PENALTY. Every person who shall keep his dwelling in so filthy a state as to be a nuisance or injurious to health, or who shall refuse or neglect to remove any nuisance or substance he may have caused or placed in the vicinity of the dwelling he oc- cupies or any other dwelling, or shall commit any nuisance in any stream or thoroughfare, shall, on conviction, pay a fine not exceeding three dollars, or be imprisoned for any term not exceeding thirty days. (R. L. Sec. 1024.) LODGING OR TENEMENT HOUSES, HOTELS, BOARDING HOUSES AND RESTAURANTS. Sec. 41. CERTIFICATE, BOARD OF HEALTH. No license shall be issued for a lodging or tenement house, hotel, boarding house or restaurant, until the applicant shall secure from the board of health and present to the treasurer of the country or city and county a cer- tificate setting forth that an agent of the board has examined the house or houses, proposed to be used for such purposes, with a des- cription thereof sufficient to identify and locate the same; and that the same are in good sanitary condition and suitable to be used for such Note to Sec. 38. For other provision for entry, see Sec. 19, (R. L. Sec. 997, as amended by Sec. 4. Act 111, S. L. 1911). Note to Sec. 41. See Sees. 10, 11, (R. L. Sec. 992 A as enacted by Sec. 3, Act 132, S. L. 1911); Sec. 12, (R. L. Sec. 991, as amended by Act 42, S. L. 1905, and by Sec. 2, Act 132, S. L. 1911). Treasurer has no discretionary power to refuse a license; Tai Kee vs. 20 purposes; and (if the application is for a license for a lodging or tenement house, hotel or boarding house), stating the number of persons who, by law, can be lodged therein. (R. L. Sec. 1382 as amend- ed by the Act 151, S. L. 1909.) Sec. 42. CONDITIONS OF LICENSE. A lodging or tenement house, hotel, boarding house, or restaurant license shall be issued upon the following express conditions, which shall be incorporated in the license, viz.: 1. That the licensee shall not keep a noisy or disorderly house; 2. That no prostitute shall be allowed to reside therein or resort thereto; 3. That no intoxicating liquor shall be furnished or sold therein, except as authorized by law; 4. That no more persons shall at any time be lodged therein than are permitted by the license; 5. That the buildings and premises licensed shall be kept in good sanitary condition, in accordance with law and with the orders of the agent of the board of health; 6. That the police and agents of board of health shall at all times have access thereto for purposes of inspection; 7. That no gaming shall be allowed therein. (R. L. Sec. 1383.) Sec. 43. PENALTIES. Any person who shall keep a lodging or tenement house, hotel, boarding house or restaurant without a license under this chapter, or who, holding a license, shall violate or fail to observe any of the requirements or conditions of this chapter or of his license, shall be fined not less than ten or more than one hundred dollars, and the court, in its discretion, may cancel his license. (R. L. Sec. 1384.) Sec. 44. NO FEE FOR PRIVATE BOARDERS. Nothing in this chapter contained shall be construed to prevent a private family from Minister, 11 H. 57, 67. See also Sec. 36, (R. L. Sec. 1020), sanitary con- dition of buildings. See also note to Sec. 346. Note to Sec. 42. On sale of intoxicating liquors in hotels see, Act 119, S. L. 1907, as amended by Act 89, S. L. 1907 and Act 103, S. L. 1911; on disorderly houses, R. L. Chap. 216, on sanitary conditions of lodging houses, Sec. 36, (R. L. Sec. 1020 at seq.) ; on reporting infectious diseases, S. 86, (R. L. Sec. 1005, as amended by Sec. 2, Act 125, S. L. 1911); on sewerage, Sec. 79, (S. L. Act 158, S. L. 1911). Building does not lose its character as a restaurant because portion is occupied as a dwelling; Rep. vs. Akau, 11 H. 363. 21 incidentally taking not more than seven boarders or lodgers without taking out a license thereunder. (R. L. Sec. 1385.) Sec. 45. HOTELS WITHOUT LICENSES, WHEN. The treasurer of the county or city and county may also, in his discretion, permit hotels at which both meals and lodgings are furnished, at points other than in Honolulu, where they are a public convenience, to be carried on without a license under this chapter. (R. L. Sec. 1386.) STEAM LAUNDRIES— HONOLULU. Sec. 46. ISSUED BY TREASURER. The treasurer of the city and county with the approval of the governor may issue to any person, partnership or corporation a license to erect, maintain and operate a steam laundry within the district of Kona, Island of Oahu, upon such conditions as to location and otherwise as shall be set forth in the license. (R. L. Sec. 1375 as amended by Act 151, S. L.1909.) Sec. 47. CERTIFICATE, BOARD OF HEALTH. Said license shall not be issued except upon the certificate of the board of health, set- ting forth that an agent of said board has examined the location at which it is proposed to operate said steam laundry, and that the same is suitable for the purpose. (R. L. Sec. 1376.) Sec. 48. REGULATIONS. Said steam laundries shall be subject to such regulations as to sanitation as may be prescribed from time to time by the board of health. (R. L. Sec. 1378.) LAUNDRY, DYEING OR CLEANING, OR DYEING AND CLEANING WORKS. Sec. 49. NO LICENSE WITHOUT HEALTH CERTIFICATE. The treasurer of the county or city and county may issue to any person, firm or corporation a license to maintain and operate a laundry, dyeing or cleaning or dyeing and cleaning works upon such conditions as to location and otherwise as shall be set forth in the license. Any such license shall not be issued except upon a certificate of the board of Note to Sec. 46. See Sees. 10, 11, (R. L. Sec. 992 A as enacted by Sec. 3, Act 132, S. L. 1911; Sec. 12, (R. L. Sec. 991, as amended by Act 42, S. L. 1905 and by Sec. 2, Act 132, S. L. 1911). See King vs. Tong Lee, 4 H. 335, holding statute constitutional "which prohibited laundrying except at certain places ■within the district of Honolulu. Ordinance prohibiting- spraying - clothes from the mouth held valid; Terr. vs. Ah Choy, 17 H. 331. 22 health setting forth that the location at which it is proposed to operate such laundry, dyeing or cleaning or dyeing and cleaning works is suitable for the purpose. The annual fee for a license for either a laundry, dyeing or cleaning or dyeing and cleaning works shall be twenty-five dollars. (R. L. Sec. 1418 I as enacted by Act 96, S. L. 1907, amended by Act 151, S. L. 1909.) PUBLIC LAUNDRIES. Sec. 50. LAUNDRIES, HONOLULU ERECTION, RENTING. The superintendent of public works may cause to be built and erected in the district of Kona, Island of Oahu, a sufficient number of laundries and wash houses, and to let the same to persons applying therefor at such rents, and upon such terms as the said superintendent shall deem advisable. And in like manner to designate and use for such purposes buildings already erected. (R. L. Sec. 1063.) Sec. 51. CITY LIMITS. The City of Honolulu, for the purposes of this chapter, shall be deemed to be included within a circuit of three miles from the junction of Nuuanu and King streets. (R. L. Sec. 1064. Sec. 52. UNDER BOARD OF HEALTH. Such laundries and wash houses when erected shall be under the supervision and control of the board of health. (R. L. Sec. 1065.) Sec. 53. WASHING ELSEWHERE, PENALTY. Every person who shall carry on the business of laundry keeping or washing for hire, within the limits of the City of Honolulu, except in such buildings as shall be provided for such purpose, in accordance with the provisions of section 50, (R. L. Sec. 1063), or in such buildings as may be ap- proved and designated for such purpose by the board of health, shall upon conviction be liable to a fine not to exceed ten dollars for each and every day during which he shall so carry on such business, and Xote to See. 49. See note to Sec. 46. Note to Sec. 50. See note to Sec. 46. In Rep. vs. Chins Geung. 11 H. 667, Act 31, S. L. 1898 forbidding the ejection of fluid from the mouth upon clothing was held void, on the ground that the act included all persons who ejected water on their clothing and was not limited in terms to clothing laundered for hire or even to the clothing of others. But see Terr. vs. Ah. Choy, 17 H. 331, holding ordinance, prohibiting spraying clothes from the mouth, valid. Note to Sec. 53. Statute held constitutional; King vs. Tong Lee, 4 H. 335; Rep. vs. Kum Lee, 10 H. 491, 494. 23 in default of payment of such fine shall be imprisoned until such fine is paid. (R. L. Sec. 1066, as amended by Act 111, S. L. 1907.) Sec. 54. EXCEPTION. Nothing in this chapter contained shall be deemed or construed to prevent persons washing in or on the banks of streams, in places used before August 9, 1880, for that purpose. (R. L. Sec. 1067.) RUBBISH: DEAD ANIMALS. Sec. 55. DUMPING RUBBISH IN HARBORS, HONOLULU, HILO. No stones or other rubbish shall be thrown from any vessel into the harbor of Honolulu or Hilo, under penalty of a fine not exceeding one hundred dollars, and the master of any vessel from which stones or rubbish are thrown, shall be subject to a like fine. (R. L. Sec. 522.) Sec. 56. DEAD ANIMALS. Any person who shall throw, or cause to be thrown, or leave or cause to be left, for the space of six hours, upon the shores or reefs of any harbor in this Territory, any dead animal, shall be subject to a fine not exceeding one hundred dollars, and shall cause the same to be removed without delay. (R. L. Sec. 524.) DISEASES OF ANIMALS. BOARD OF AGRICULTURE AND FORESTRY. Sec. 57. ERADICATE PESTS, DISEASES AMONG ANIMALS, ETC. The board (of Commissioners of Agriculture and Forestry), shall, so far as reasonably practicable, assist, free of cost to individuals, in the eradication of insects, blights, scale, and diseases injurious to vegetation of value; and in the investigation suppression and eradica- tion of contagious, infectious and communicable diseases among dom- estic animals; and shall in like manner distribute to points where needed, insects, growths and other antidotes for the eradication of insects, blights, scales and diseases injurious to vegetation of value, and for the eradication of vegetation of a noxious character. (R. L. Sec. 378 as amended by Sec. 1, Act 82, S. L. 1905.) Note to Sec. 55. This sec. and Sec. 56 are under the jurisdiction of the superintendent of public works. Note to Sec. 57. R. L. Chap. 36, diseases of sheep repealed by Act 80, S. L. 1905. See also Act 81 and 82, S. L. 1905 repealing certain sections of R. L. Chap. 35, and relating- to the board of agriculture. 24 Sec. 58. CHARGES FOR INSPECTION, ETC. The board shall, with the approval of the governor adopt a reasonable scale of charges, which may be changed from time to time, for the inspection, disin- fection, fumigation and quarantine, authorized, required or permit- ted by this chapter. Certificates and permits in this chapter pro- vided for concerning articles or animals imported, or proposed to be imported, into this Territory, and the charges so provided for, shall be paid for in advance before any certificate or permit is delivered, or any of said articles are permitted to be landed. If thereafter fur- ther expense is incurred in the inspection, treatment or quarantine of any said articles, the charges therefor shall be paid before any of said articles shall be delivered. (R. L. Sec. 388 as amended by Sec. 2, Act 82, S. L. 1905.) Sec. 59. PENALTY FOR VIOLATIONS. Any person violating any of .the provisions of this chapter, or any rule or regulation of the board of commissioners of agriculture and forestry and any master of any vessel which shall bring into this Territory any article which the board shall at any time prohibit from being imported into this Terri- tory; and the master of any vessel from which shall be landed any article in this chapter required to be inspected, until he shall have received a permit to land the said articles from the board or its officer or inspector, as in this chapter provided, shall be guilty of a misde- meanor and shall be punished by a fine not to exceed five hundred dollars. (R. L. Sec. 390, as amended by Sec. 3, Act. 82, S. L. 1905, and by Act 112, S. L. 1907.) Sec. 60. STATISTICS CONCERNING DOMESTIC ANIMALS. It shall be the duty of the board of agriculture and forestry to gather, compile, tabulate, furnish and publish from time to time information and statistics concerning domestic animals in the Territory of Ha- waii, their protection and use, to inquire into and report upon the causes of contagious, infectious and communicable diseases among them, and the means for the prevention, suppression and cure of the same. (R. L. Sec. 390 A as enacted by Sec. 4, Act 82, S. L. 1905.) Sec. 61. RULES AND REGULATIONS: DISEASED ANIMALS. Said board of agriculture and forestry shall have power and authority to make rules and regulations, and to amend the same from time to time in its discretion, subject to the approval of the governor, for and concerning the inspection, quarantine, disinfection or destruction, 25 either upon introduction into the Territory, or at any time or place within the Territory, of animals and the premises and effects used in connection with such animals. Included therein may be rules and regulations governing the transportation of animals between the dif- ferent Islands of the Territory and along the highways thereof, and a'so such rules and regulations as may be approved by the governor requiring the owners and masters of any boat or vessel engaged in inter-island transportation of live stock, and the managers and agents of railway companies carrying live stock within the Territory, to make reports of the number and class of live stock carried, names of owners and consignees, the place to and from which such live stock is ship- ped, the manner of handling such live stock, the number of deaths or injuries to live stock occurring in transit or while being loaded or unloaded, with the causes of such deaths or injuries and all other matters which may be deemed necessary by the board for a full and complete record of such shipping and handling of live stock. And also to prohibit the importation into the Territory from any foreign country, or other ports of the United States, or from one Island with- in the Territory to another Island therein, or to one locality from another locality on the same Island, of animals known to be infected with a contagious, infectious or communicable disease or known to have been exposed to any such disease. (R. L. Sec. 390B as enacted by Sec. 4, Act 82, S. L. 1905 and amended by Act 114, S. L. 1909.) Sec. 62. TERRITORIAL VETERINARIAN. The board of agricul- ture and forestry shall have power and authority to appoint a Super- intendent of animal industry who shall be a competent veterinary surgeon and shall be known as the "Territorial Veteriarian." He shall have charge, direction and control, (subject to the direction and con- trol of the board), of all matters relating to the inspection of animals and the prevention and eradication of contagious, infectious and com- municable diseases among animals and of all matters relating to ani- mal industry mentioned in or coming within the scope of chapter 28 of the Revised Laws and such other matters as the board shall from time to time direct. He shall be paid such salary as may be appro- priated by the legislature and shall enjoy all the powers, rights privi- leges and immunities of an officer of the board of health. (R. L. Sec. 390C as enacted by Sec. 4, Act 82, S. L. 1905.) Sec. 63. LIVE STOCK INSPECTORS: APPOINTMENT. Said 26 board of agriculture and forestry shall have power and authority to appoint and commission one or more live stock inspectors for each judicial circuit, and other employees as may be necessary for the pro- per carrying into effect of the provisions of this chapter and may at its pleasure remove any inspector or employee, and to fix their com- pensation. (R. L. Sec. 390D as enacted by Sec. 4, Act 82, S. L. 1905.) Sec. 64. ENTRY DOMESTIC ANIMAL: PERMIT. No domestic animal shall be allowed to enter the Territory of Hawaii except after inspection by the territorial veterinarian or in his absence by a live stock inspector, and a permit issued by such inspecting officer to the consignee or owner, provided, however, that no fees for inspection shall be charged, nor delays caused concerning the landing of any domestic animal for which a certificate of health has been issued as prescribed by an act of Congress approved February 2nd, 1903, and entitled "An Act to enable the Secretary of Agriculture to more effectually suppress and prevent the spread of infectious and conta- gious diseases of live stock and for other purposes." (R. L. Sec. 390E as enacted by Sec. 4, Act 82, S. L. 1905.) Sec. 65. LANDING: NOT ENTRY. The landing of any animal for the purpose of inspection or quarantine shall not be construed to be an entry into the Territory for any purpose whatsoever, except as herein provided and if in the opinion of the inspecting officer it shall be necessary or proper to quarantine any such animal, he shall have authority so to do at the expense of the owner or consignee. (R. L. Sec. 390F as enacted by Sec. 4, Act 82, S. L. 1905.) Sec. 66. QUARANTINE; DESTRUCTION DISEASED ANIMALS. The board shall have the power to quarantine any domestic animal known to be effected with or to have been exposed to any contagious, infectious or communicable disease, and to destroy the same, when in the opinion of the territorial veterinarian, or in his absence, a duly qualified veterinary surgeon, such measure is necessary to pre- vent the spread of such disease, and to provide for the proper dis- position of its hide and carcass; and to disinfect premises where any such disease may have existed. (R. L. Sec. 390G as enacted by Sec. 4, Act 82, S. L. 1905.) Sec. 67. MASTER OF VESSELS TO NOTIFY INSPECTORS. The master of any vessel on which there shall have been shipped live ani- mals for any port in this Territory shall immediately, upon arrival, 27 cause the inspecting officers to be notified, and shall not permit the animals to be taken from the wharf or landing, nor any portion of the food or water, nor any effects connected therewith or provided for their use during the voyage, to be removed from the wharf or landing until the inspecting officer shall have inspected and passed the same. (R. L. Sec. 442.) Sec. 68. QUARANTINE BETWEEN ISLANDS. Live animals pass- ing between the different islands of the Territory may be quarantined as set forth in section 443, (of the Revised Laws) either at the port of shipment or delivery, on good cause shown to the inspecting officer of the port of entry nearest to the port of shipment or delivery. (R. L. Sec. 444.) Sec. 69. IMPORTING PROHIBITED, WHEN. The governor, not- withstanding anything in this chapter, may from time to time, by pro- clamation declaring any port or country to be infected, absolutely pro- hibit the introduction of any animals therefrom until the restriction be removed. (R. L. Sec. 445.) Sec. 70. FORFEITURE OF ANIMALS, ETC. All animals, fodder, fittings, or effects landed contrary to the provisions of this chapter, or taken or removed from quarantine until duly discharged, shall be forfeited to the use of the Territory of Hawaii; and all animals brought into such quarantine grounds, or placed with any animals un- der quarantine, shall be deemed to come under the provisions of this chapter, and shall be subject to all the conditions of the same. (R. L. Sec. 446 as amended by Act 81, S. L. 1905.) Sec. 71. REPORTING DISEASE, PENALTY. Any person know- ing or having reason to believe that any animal on or about his own premises or the premises of another is affected with glanders, farcy or any infectious or contagious disease who shall fail to report the same forthwith to a territorial veterinarian, shall be guilty of a misdemeanor and upon conviction shall be fined not less than five nor more than one hundred dollars. (R. L. Sec. 447, as amended by Act 81, S. L. 1905 and Act 138, S. L. 1909.) Sec. 72. PURCHASER RECOVER PURCHASE PRICE, WHEN. The purchaser of any horse, mule, or ass which shall develop symp- toms of glanders or farcy within two weeks from the date of purchase JVote to See. 68. R. L. Sec. 443 was repealed by Act 81. S. L. 1905. 28 may recover the full amount of the purchase price from the vendor of such animal, together with such reasonable damages as the purchaser may have suffered; provided, however, that this section shall not apply in case the vendor, at the time of sale shall obtain from any licensed or territorial veterinarian a certificate that such animal is free from such disease, and such territorial veterinarian shall make no charge for said certificate. (R. L. Sec. 447 A as enacted by Act 138, S. L. 1909.) Sec. 73. PENALTIES, Any and all persons knowingly and wilfully violating any of the provisions of this chapter, or assisting in so doing, or who shall purchase, take and carry away any animals, fodder, ef- fects or fittings connected therewith before the same shall have been discharged by the inspecting officer, or shall knowingly and wilfully have in possession any of the same, or shall impede or refuse to allow said inspecting officer to perform his duty, shall be liable to imprison- ment for any period not over six months, or to a fine not over five hundred dollars, or both. (R. L. Sec. 449.) SLAUGHTER HOUSE. Sec. 74. LOCATION OF SLAUGHTER HOUSE. No slaughter house shall be maintained in any part of this Territory, in any place where the board of health shall now or hereafter forbid the maintenance of the same. (R. L. Sec. 1003.) CEMETERIES. Sec. 75. ESTABLISHMENT ON CERTAIN LANDS. The superin- tendent of public works may from time to time establish such public cemeteries, or places for burial, in the several districts of the Terri- tory as he shall deem necessary. For this purpose he may set apart such portions of the public lands as he shall deem necessary, and with the approval of the governor purchase suitable lands or interests in lands, from private owners. (R. L. Sec. 1168.) Note to Sec. 74. For regulation slaughter houses see Sec. 12, (R. L. Sec. 991, as amended by Act 42, S. L. 1905, and Sec. 2, Act 132, S. L. 1911): City and County has concurrent jurisdiction, Sec. 345. (Sec. 3 B. Act 79, S. L. 1909), See also R. L. Sees. 1366-1372, slaughter house licenses. Note to Sec. 75. See Sec. 12, (R. L. Sec. 991, as amended by Act 42, S. L. 1905 and by Sec. 2, Act 132, S. L. 1911), regulation of interments and dead bodies. Counties have concurrent powers, Sec. 340, (Chap. 14, Sec. 62, par. 5, 29 Sec. 76. CONVEYING LANDS TO CEMETERY CORPORATIONS. * Said superintendent may from time to time, with the approval of the governor, transfer and convey to any cemetery corporation or organ- izat on, the property so set apart or acquired in any district, or any portions of such property, to be held or managed as a public cemetery or cemeteries, upon such terms and conditions as he shall, with such approval, determine. (R. L. Sec. 1169.) Sec. 77. NO CONFLICT WITH BOARD OF HEALTH. The provi- sions of this chapter shall not be construed to conflict with the author- ity imposed by law upon the board of health to make regulations for the interment of the dead, and respecting cemeteries and burying grounds, or to protect the public health. (R. L. Sec. 1170.) DISINTERMENT OF HUMAN BODIES. Sec. 78. PENALTY. The right of human sepulchre is sacred, anc~. shall not be disturbed except as provided by law. If any person, nOv having any legal right to do so, shall wilfully dig up, disinter, disturb, scatter, remove or convey away any human body, or the remains or bones, or any of the remains or bones thereof, from any cemetery, burial place, mausoleum, cave or vault, where the same has been legally interred or deposited, or shall wilfully break, disturb, scatter or remove the coffin, casket or burial clothes in which such body or remains shall have been interred or deposited, either in whole or in part, whether such cemetery, burial place, mausoleum, cave or v? j be public or private property, or shall knowingly aid in such acl aforesaid, the person so offending, and all persons accessory ther either before or after the fact, shall be punished by imprisonn at hard labor for not more than two years or by a fine not exceec $1,000.00. (R. L. Sec. 3196, as amended by Act 26, S. L. 1909.) SEWERAGE— HONOLULU. Sec. 79. APPLICATIONS. Every person, before connecting any premises with the public sewers of Honolulu, or who now has his prem- Act 39, S. L. 1905, as amended by Act 64, S. L. 1907 and Act 98, S. L. 1909). City and county has concurrent power, Sec. 343, (Chap. 5. Sec. 23, par. 1, Act 118, S. L. 1907, as amended by Act 99, S. L. 1909). On in- corporation of cemeteries see Org. Act Sec. 55 and R. L. Sec. 2542. On disinterments see Sec. 78, (R. L. Sec. 3196, as amended by Act 26, S. L. 1909). 30 ises connected with such sewers shall make application to the superin- tendent of public works, upon a prescribed form setting forth the location of the premises, name of the owner, name of the occupant, nature of the use of such premises and such other information as may be necessary in order to determine the charge for the use of such sewers in connection with such premises. In order to verify the statements of the applicant and to note changes in the use of the premises, and for such other purposes as may be necessary in order to carry out the provisions of this act, the superintendent of public works and his agents may at all reasonable times enter upon such premises. (Act 158, S. L. 1911, Sec. 1.) Sec. 80. DISPUTES. All disputes as to the amount of charge for the use of the sewers, right to connect with the sewer, and all other disputes arising in any manner under the provisions of this act shall be referred to a circuit judge of the first circuit court at chambers ^nd such judge shall have full power to make and enter all necessary rders in relation thereto, which shall be final. (Act 158, S. L. 1911, Sec. 2.) Sec. 81. RATES. The rates of charge for the use of such sewers shall be as follows: j Each plumbing fixture $1.00 per year, other than floor drains, which will be $2.50 per year. A plumbing fixture, within the meaning of this act, is any recept- acle for water or sewerage that requires a trap and waste pipe, and onnected with the public sewer. ae following fixtures shall be computed as follows: teL to Sec. 70. ceiU. L. Chap. 84, Sees. 1035-1040, as amended by Act 21, S. L. 1905, , aled by Act 158, S. L. 1911, which also provided new law on this lor ect. See Territory vs. Brown, 19 H. 41, and Territory vs. Tne Bun, jsu/:. 267, holding under former statute that a person who had acquiesed in he application of its provisions and derived the benefit of use of sewers is estopped from setting- up the illegality of the statute in a defense against an action brought to recover sewer rates. Under former statute, superintendent of public works may require applicant for sewer connections to sign an agreement to pay such an- nual rates as may be fixed; McCandless vs. Campbell 20 H. 264. In later case, McCandless vs. Campbell, 20 H. 411, held that under former statute (R. L. Sees. 1036, 1037, 1038, which were held invalid), superintendent is not authorized to demand from applicant an agreement to pay rates fixed in the discretion of superintendent as a condition precedent to issuance of permit to connect with sewer. The imposition of rates is now fixed by Act 158. S. L. 1911, leaving intact the power of the board of health and of the counties to compel connection with sewers by or- dinance or regulation. 31 Range closets, by the number of seats, (iy 2 lineal foot of the fixture shall constitute a seat). Urinals, by the number of stalls. (2^ lineal feet of the fixture shall constitute a stall). Showers, by the number of stalls. (10 sq. ft. of the floor area of the fixture shall constitu'*.^ a stall). Laundry tubs, by the number of trays or partitions. Basins, the number of bowls. (Act 158, S. L. 1911, Sec. 3.) Sec. 82. RATES PAYABLE WHEN. The charges for use of the sewers shall be due and payable in advance upon January first and July first in each year for the period of six months following such dates, respectively. Charges shall be made pro rata for the remainder of any such six months period where such use begins after the begin- ning of such period. The charges for sewer use shall be payable by the owners and occupants of the premises connected with the sewer, who shall jointly and severally be liable therefor. Charges for use of the sewers for the six months beginning July 1, 1911, and ending January 1, 1912, shall be due and payable in advance on July 1, 1911. (Act 158, S. L, 1911, Sec. 4.) Sec. 83. ALTERATIONS. In case the premises connected with the sewer shall be put to a use different in nature or extent from that previously charged for, notice thereof in writing shall be given to the superintendent of public works, and beginning with the next six months period the rates charged shall be in accordance with such new use. (Act 158, S. L. 1911, Sec. 5.) Sec. 84. DELINQUENT RATES. If any sewer rate shall remain unpaid more than fifteen days after it is due, ten per cent in addition thereto shall be charged, which shall be collected as part of such sewer rate. All unpaid sewer rates shall bear interest at the rate of six per cent per annum until paid, and together with interest there- on shall be a lien upon the property connected with the sewer, which lien shall attach to said property as of the date when the sewer rate was due and payable. Such lien may be foreclosed in the same man- ner as is now or hereafter may be provided for the foreclosure of tax liens. (Act 158, S. L. 1911, Sec. 6.) 32 CONTAGIOUS, INFECTIOUS DISEASES. Sec. 85. PHYSICIANS TO REPORT. It shall be the duty of every physician having a patient infected with cerebro-spinal meningitis, cholera asiatic, conjunctivitis follicular, diphtheria, dysentery amoebic, enteric (or typhoid) fever, fever para-typhoid, leprosy, measles, dengue, paralysis infantile, pertussis, plague, scarlet fever (or scarlatina), tetanus, trachoma, tuberculosis, typhus fever, varicella, variola, var- ioloid, yellow fever, or any other infectious or communicable or other disease dangerous to the public health, to give immediate notice there- of to the board of health, or its nearest agent, in writing, and in like manner to report to said board, or its agent, every case of death which takes place in his practice from any such disease; provided, however, that whenever a physician has a patient infected with variola, vario- loid, scarlet fever, diptheria, plague, cholera, yellow fever, typhus fever, cerebro-spinal meningitis or amoebic dysentery, such physi- cian, in addition to the notice in writing required to be given as above, shall immediately notify the board of health, or its nearest agent, either by telephone or by direct oral communication. Every physician who shall refuse or neglect to give such notice, or make such report, shall be fined for each offense a sum not less than Ten (10) nor more than one hundred dollars ($100.00). (R. L. Sec. 1004 as amended by Sec. 1, Act 125, S. L. 1911). Sec. 86. OTHERS TO REPORT. It shall be the duty of every house- holder, keeper of a boarding or lodging house, or master of a vessel, to report immediately to the board of health, or its nearest agent, any person in or about his house, or vessel, whom they shall have reason to believe to be sick, or to have died, of any infectious, com- municable or other disease dangerous to the public health; and all police officers who are aware of any person suffering from any in- fectious, communicable or other disease dangerous to the public health, shall immediately report the same to the board of health, or its nearest agent. Any such householder, keeper of a boarding or Note to Sec. 85. Quaere whether penalty of Sec. 265, (R. L. Sec. 1075) could also be applied. Note to Sec. 86. On duty of pilots as to contagious diseases on vessels, see Sec. 91, (R. L. Sec. 542); owners and occupants of buildings Sec. 252, (R. L, 1162). 33 lodging house, master of a vessel, or police officer who shall refuse or neglect to so report immediately to the board of health, or its nearest agent, shall be guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars ($100.00) for each offense. (R. L. Sec. 1005, as amended by Sec. 2, Act 125, S. L. 1911.) Sec. 87. DISEASES DECLARED INFECTIOUS AND COMMUNI- CABLE. Cerebro-spinal meningitis, cholera asiatic, conjunctivitis follicular, diptheria, dysentery amoebic, enteric (or typhoid) fever, fever para-typhoid, leprosy, measles, dengue, paralysis infantile, per- tussis plague, scarlet fever (or scarlatina), tetanus, trachoma, tuber- culosis, typhus fever, varicella, variola, varioloid, yellow fever, are hereby declared to be infectious and communicable diseases dangerous to the public health, but this enumeration shall not be held to ex- clude any other disease that is infectious, communicable, or danger- ous to the public health, though not specifically named herein. (R. L. Sec. 1005A, as enacted by Sec. 3, Act 125, S. L. 1911.) Sec. 88. REMOVAL AND QUARANTINE. When any person shall be infected with any infectious, communicable or other disease dan- gerous to the public health, the board of health or its agent, may, for the safety of the public, remove such sick or infected person to a separate house or hospital, and provide him with nurses and other necessaries, which shall be at the charge of the person himself, his parents, guardian or master, if able, otherwise at the charge of the Territory. (R. L. Sec. 1006, as amended by Sec. 4, Act 125, S. L. 1911.) Sec. 89. QUARANTINE WITHOUT REMOVAL. If the infected per- son cannot be removed without danger to his life, the board of health, or its agent, may make provision for him, as directed in the last preceding section, in the house in which he may be; and, in such case, they may cause the persons in the neighborhood to be removed, and may take such other measures as they shall judge necessary for the public health and safety. (R. L. Sec. 1007.) Sec. 90. MASTER OF VESSEL LIABLE FOR EXPENSE. In case any moneys are expended by the board of health for any sick person Noie to See. 88. See Re segregation of Lepers, 5 H. 163, holding- law authorizing segregation of lepers constitutional. Note to Sec. 89. On power of the board of health to establish quarantine see Sec. 8, (R. L. Sec. 988, as amended by Act 132, S. L. 1911), Sec. 9, (Org. Act, Sec. 97, Par. 2). 34 brought into this Territory in any vessel from abroad, it shall be the duty of said board, or its agent, to demand the same from the master of the vessel in which such sick person was brought. The master of such vessel shall be liable for the amount of the moneys thus expended. (R. L. Sec. 1008.) Sec. 91. PILOT ASCERTAIN HEALTH CONDITION. Upon the ar- rival of any vessel, making the usual marine signal for a pilot, it shall be the duty of the pilot or pilots at the port, to immediately put off to such vessel, taking with him a white and a yellow flag, to inquire into the sanitary condition of the ship, and the health of those on board; and upon being assured to his satisfaction that there is no danger to be apprehended from any contagious disease, he shall board such vessel, but not otherwise. (R. L. Sec. 542.) Sec. 92. BRING VESSEL INTO PORT, QUARANTINE, PENALTIES. Upon boarding the vessel, the pilot shall present the commanding officer with a health certificate to be signed by him, and in case the same shall be signed, the white flag shall be immediately hoisted at the main, and the pilot shall be at liberty to bring the vessel into port; but in case the commanding officer shall decline to sign the certificate of health, the pilot shall deliver him a yellow flag, which the master shall hoist at the main, and the vessel shall be placed in quarantine outside of the harbor, and anchored where the pilot may direct. Any pilot who shall conduct a vessel into any port in this Territory in violation of the provisions of this section, or any of the regulations of the board of health, or knowing that there is just ground to suspect the existence of contagion on board, shall be liable to a fine not exceeding five hundred dollars; and every vessel, the master of Which shall have declined to sign a certificate of health, as above pres- cribed, shall, upon entering port, be liable to seizure, confiscation and sale. (R. L. Sec. 543.) Sec. 93. NOT LAND IF CONTAGIOUS DISEASE ABOARD, PEN- Note to Sec. 90. On power of board of health to make regulations concerning nuisances and infected articles on board vessels, see Sees. 12 and 13, (R. L. Sec. 991, as amended by Act 42, S. L. 1905 and by Sec. 2, Act 132, S. L. 1911). On quarantine see note to Sec. 9. See Gibson vs. Steam- er Madras, 5 H. 109. As to what vessels may carry lepers, see Sees. 149, 150, (R. L. Sees. 1136, 1137, as amended by Act 132, S. L. 1909). See Min- ister vs. Hackfeld Co., 4 H. 420. Under former statute, held, in Peter- son vs. Carter, 6 H. 283. Steamer arriving with smallpox on board liable for expenses of all passengers landed. 35 ALTY. If the pilot, after boarding any vessel, shall discover the ex- istence of a contagious disease, he shall not return on shore; neither shall it be lawful for any of the ship's company or passengers to land, or communicate with the shore, or board any other vessel,without permission of the board of health, or the superintendent of public works, under a penalty of a fine not exceeding five hundred dollars. (R. L. Sec. 544.) VACCINATION Sec. 94. VACCINATION OFFICERS. The board of health shall ap- point a suitable person to be vaccinating officer in each of the taxa- tion divisions of the Territory, who shall receive such salary as may, from time to time, be appropriated by the legislature, and shall be removable from office at the pleasure of said board. (R. L. Sec. 1009.) Sec. 95. NOTICE OF TIME, PLACE. Each vaccinating officer shall appoint at least three convenient places in each school district through- out his division, for the performance of vaccination; and from time to time, give public notice of the time when he will attend at such places, to vaccinate all persons not already successfully vaccinated who may then and there appear; and also of the time when he will attend at such place, to inspect the progress of such vaccination in the persons so vaccinated. (R. L. Sec. 1010, amended by implication by Act 63, S. L. 1909.) Sec. 96. OFFICERS ATTEND EVERY SIX MONTHS. The vacci- nating officers shall visit the several stations appointed by them, at least once in every six months, and oftener if required so to do by the board of health. (R. L. Sec. 1011.) Sec. 97. RECORD, REPORT. The several vaccinating officers shall keep a faithful record of their transactions, and make an annual re- port of the same to the board of health. (R. L. Sec. 1012.) Sec. 98. CHILDREN; WHEN. The father or mother of every child shall within six months after the birth of such child, or, in the event of the death, illness, or absence of the father or mother, then the guardian, nurse or person having charge of such child, shall within six months after its birth, or at the earliest opportunity, after, take such child to the vaccinating officer, for the purpose of being vacci- nated. (R. L. Sec. 1013.) Note to Sec. 93. See note to Sec. 90. 36 Sec. 99. EXAMINED AS TO RESULT. Upon the eighth day, fol- lowing the day on which any child has been vaccinated, the father, mother, guardian, or other person having charge of said child, shall again take such child to the vaccinating officer, that he may ascertain by inspection the result of such operation. (R. L, Sec. 1014.) Sec. 100. CERTIFICATE. If the vaccination is found to be success- ful, the officer shall deliver to the father, mother, or other person hav- ing charge of the child, free of charge, a certificate that the child has been successfully vaccinated, and shall note the same in a book to be kept by such officer for that purpose. (R. L. Sec. 1015.) Sec. 101. POSTPONEMENT; WHEN. On the presentation of any child to be vaccinated, should the officer deem the child to be in an unfit state to be vaccinated, he may postpone the operation at his discretion, and give due notice to the parents, or person having charge of such child, to reproduce the same for vaccination at a future time. (R. L. Sec. 1016.) Sec. 102. VACCINATION BY PHYSICIANS; PENALTY FOR PARENTS. The vaccination of children required by law may be per- formed by the officers appointed for such purpose by the board of health, or by duly licensed physicians, at the option of the parents or guardians of such children. Every parent or guardian having the charge of any child who shall fail to cause such child to be properly and successfully vaccinated within the age prescribed by statute, shall be liable to a fine of five dollars. (R. L. Sec. 1017.) Sec. 103. MANNER OF VACCINATION. No child shall be vacci- nated except after an opportunity has been given to the parent or guardian to be present at such vaccination, unless such parents or guardian shall have consented in writing to such vaccination, and then only by a duly licensed and authorized physician who shall use for such vaccination bovine virus only, obtained from standard man- ufacturers; such vaccination shall be only by means of scarifier and points put up in hermetically sealed tubes or other antiseptic recepta- cles; each receptacle shall be opened immediately before a scarifier or point is to be used, in the presence of the person to be vaccinated^ and no scarifier or point shall be used for the vaccination of more than one person. (R. L. Sec. 1019, as amended by Act 63, S. L. 1909.) Sec. 104. PENALTY. Any person violating any provision of this section shall be guilty of a misdemeanor and upon conviction thereof 37 shall be punished by a fine not to exceed five hundred dollars or by im- prisonment not to exceed one year, or by both such fine and im- prisonment. (R. L. Sec. 1019, as amended by Act 63, S. L. 1909.) TUBERCULOSIS. Sec. 105. CUSPIDORS. Any person or persons who may be the proprietor or proprietors, or manager or managers, of a store, factory, shop, office, hotel, theatre, or any other kind of a building, wherein business with the public is conducted, shall provide cuspidors or spit- toons within such place or places of business in sufficient number, and shall keep the same disinfected and in a sanitary condition to meet the approval of the board of health of the Territory. (Sec. 1, Act 118, S. L. 1911.) Sec. 106. PROHIBITING SPITTING. No person shall spit or ex- pectorate upon any railway passenger coach, street car, side-walk, or any building, mentioned in section 105, (Sec. 1, Act 118, S. L. 1911.), or any part thereof. (Sec. 2, Act 118, S. L. 1911.) Sec. 107. RAILWAYS PROVIDE CUSPIDORS. Any person or per- sons who may be proprietors or managers, or any corporation which may be the owner of any steam railway passenger coach operated in this Territory, shall provide cuspidors or spittoons within such coach in sufficient number and shall keep the same disinfected and in a san- itary condition to meet the approval of the board of health of the Territory. (Sec. 3, Act 118, S. L. 1911.) Sec. 108. COMMON DRINKING CUP PROHIBITED. The use of a common drinking cup is prohibited in all public places within the Territory. (Sec. 4, Act 118, S. L. 1911.) Sec. 109. POSTING NOTICES REQUIRED. The proprietors, man- nagers and owners hereinbefore mentioned shall keep a copy of sec- tions 105, 106, 107 and 108 (Sec. 1, 2, 3 and 4 of Act 118, S. L. 1911,) conspicuously posted in each department of such place of business, and in any street car or steam railway passenger coach, and, on ap- plication, the board of health shall furnish said proprietors or man- agers with a printed copy of sections 105, 106, 107 and 108 (Sees. 1, 2, 3 and 4 of Act 118, S. L. 1911.) (Sec. 5, Act 118, S. L. 1911.) Sec. 110. SCHOOL TEACHERS. No person who shall have con- tracted tuberculosis shall, while afflicted with such disease, be allowed 38 to teach in any public or private school. (Sec. 6, Act 118, S. L. 1911.) Sec. 111. REPORTS BY PHYSICIANS AND OTHERS. It shall be the duty of every physician in the Territory to report in writing the name, age, sex, nationality, occupation, place where last employed, if known, and address of every person known by said physician to have tuberculosis, to the board of health, or its nearest agent, within twenty-four hours after such fact comes to the knowledge of said physician. It shall also be the duty of the superintendent in charge of any hospital, dispensary, asylum or other similar private or public institution to report in like manner the name, age, sex, nationality, occupation, place where last employed, if known, and previous address of every patient having tuberculosis who comes into his care or under his observation, within twenty-four hours thereafter. Sec. 7, Act 118, S. L. 191.) Sec. 112. EXAMINATION OF SPUTUM. It shall be the duty of the bacteriologist of the board of health, when so requested by any physician, or by the authorities of any hospital or dispensary, to make, or cause to be made, a miscroscopical examination of the sputum for- warded to said bacteriologist as that of a person having symptoms of tuberculosis, which shall be forwarded to such officer accompanied by a blank giving name, age, sex, nationality, occupation, place where last employed, if known, and address of the person whose sputum it is. It shall be the duty of said bacteriologist promptly to make a report of the results of such examination, free of charge, to the phy- scian or person upon whose application the same is made. (Sec. 8, Act 118, S. L. 1911.) Sec. 113. PROTECTION OF RECORD. It shall be the duty of the board of health to cause all reports made in accordance with the provisions of section 111 (Sec. 7, Act 118, S. L. 1911), and also all results of examinations showing the presence of the bacilli of tuber- losis, made in accordance with the provisions of section 8 of this Act, to be recorded in a register. Such register shall remain in the cave, custody and control of the board of health and shall not be open to in- spection by any person other than the health authorities, and said health authorities shall not permit any such report or record to be Note to Sec. 111. On duty of physicians to report infectious diseases, see also Sec. 85, (R. L. Sec. 1004, as amended by Sec. 1, Act 125, S. L. 1911); also Sec. 136, (Sec. 9. Act 81, S. L. 1909). 39 divulged so as to disclose the identity of the person to whom it relates, except as may be necessary to carry into effect the provisions of this act. (Sec. 9, Act 118, S. L. 1911.) Sec. 114. DISINFECTION OF PREMISES. In case of the vacation of any apartment or premises by the death or removal therefrom of a person having tuberculosis, it shall be the duty of the attending phy- sician, or if there be no such physician, or if such physician be absent, of the owner, lessee, occupant, or other person having charge of the said apartments or premises, to notify the board of health or its nearest agent of said death or removal within twenty-four hours thereafter, and such apartments or premises so vacated shall not again be occupied until duly disinfected, cleansed or reno/it d as hereinafter provided. (Sec. 10, Act 118, S, L. 1911.) Sec. 115. BOARD OF HEALTH OR ITS AGENTS TO DIRECT DISINFECTION, CLEANSING, OR RENOVATION, AND PROHIBIT OCCUPANCY. When notified of a vacation of any apartments or premises as provided in section 114 (Sec. 10, Act 118, S. L. 1911,) the board of health shall, within twenty-four hours thereafter cause one of its agents to visit said apartments or premises, and shall order and direct that, except for purposes of cleansing or disinfection, no in- fected article shall be removed therefrom until properly and suitably cleansed or disinfected, and the board of health or its agent shall determine the manner in which such apartments or premises shall be disinfected, cleansed or renovated in order that they may be rendered safe and suitable for occupancy. If the board of health or its agent determine that disinfection is sufficient to render them safe and suit- able for occupancy, such apartments or premises, together with all in- fected articles therein, shall immediately be disinfected by the board of health or its agent at public expense, or, if the owner prefers, by the owner at his expense, to the satisfaction of the board of health or its agent. Should the board of health or its agent determine that such apartments or premises are in need of thorough cleansing and renovation, said board or its agent shall cause a notice in writing to this effect to be served upon the owner or agent of said apartments or premises, to renovate and cleanse the same at his or their own expense, within such reasonable time as the board may deem proper; a duplicate of the notice so served shall be left with one or more of the tenants or occupants, if any, of the apartments or premises; if the owner resides out of the Territory or cannot be reached speedily, 40 notice left at the apartments or posted on the premises shall be deemed sufficient; and if the owner or owners thus notified shall not comply with such notification or order of the board of health or its agent withyi the time specified, the board or its agent shall proceed to reno- vate and cleanse the same and shall have a right to recover by action the expenses incurred by it in such renovation and cleansing frcm the owner or owners, tenants or occupants of such apartments or premises who, after notice as aforesaid, shall have failed to renovate and cleanse the same in the manner and within the time specified in such notice; and the board or its agent may cause a placard in words and form, substantially as follows, to be placed upon the door of the in- fected apartment or premises: "Tuberculosis is a communicable disease. These apartments have been occupied by a consumptive and may be infected. They must not be occupied until the order of the Board of Health or its agent direct- ing their disinfection or renovation has been complied with. This notice must not be removed under the penalty of the law, except by the agents of the Board of Health." (Sec. 11, Act 118, S. L. 1911.) Sec. 116. PROHIBITING CARELESSNESS OF A PERSON HAV- ING TUBERCULOSIS. Any person having tuberculosis who shall dis- pose of his sputum, saliva or other bodily secretion or excretion so as to cause offense or danger to any person or persons occupying the same room or apartment, house, or part of a house, on complaint of any person or persons subjected to such offense or danger, be deem- ed guilty of a misdemeanor, and any person subjected to an offense may make complaint in person or In writing to the board of health or its nearest agent. It shall be the duty of the board of health or its agent on receiving such complaint to investigate, and if it appears that the offense complained of is such as to cause offense or danger to any person occupying the same room, apartment, house, or part of a house, said board of health or agent shall serve notice upon the person so complained of, reciting the alleged cause of offense or danger and requiring him to dispose of his sputum, saliva or other bodily secretion or excretion in such manner as to remove all reason- able cause of offense or danger. Any person failing or refusing to comply with orders or regulations of the board of health or its agent requiring him to cease to commit such offense, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not more than ten dollars ($10.00.) (Sec. 12, Act 118, S. L. 1911.) 41 Sec. 117. PHYSICIANS; PRECAUTIONS; INSTRUCTIONS. It shall be the duty of a physician attending a patient having tuberculosis to take all proper precautions and to give proper instructions to pro- vide for the safety of all individuals occupying the same house or apartment. (Sec. 13, Act 118, S. L. 1911.) Sec. 118. PROVIDING THAT PHYSICIANS SHALL MAKE A COM- PLETE STATEMENT OF PROCEDURE AND PRECAUTIONS ON A BLANK TO BE FURNISHED BY THE BOARD OF HEALTH. It shall be the duty of the board of health to transmit to a physician report- ing a case of tuberculosis, as provided in section 111, (Sec. 7, Act 112, S. L. 1911), a printed statement and report, in a form approved by the board of health, naming such precedure and precautions as in the opinion of the board of health are necessary or desirable to be taken on the premises of a tuberculosis patient. It shall be the duty of the board of health to keep on hand an ample supply of such statements and reports and to furnish the same in sufficient numbers to all phy- sicians. Upon the receipt of such statement and report, the physician shall carry into effect all such procedure and the precautions as are therein prescribed, and shall thereupon sign and date the same and return it to the board of health or its nearest agent. (Sec. 14, Act 118, S. L. 1911.) Sec. 119. REPORTING RECOVERY OF PATIENT. Upon the re- covery of any person having tuberculosis, it shall be the duty of the attending physician to make a report of this fact to the board of health or its agent, who shall record the same, and shall relieve said person from further liability to any requirement imposed by this Act. (Sec. 15, Act 118, S. L. 1911.) Sec. 120. VIOLATIONS; PENALTY. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished, except as herein other- wise provided, by a fine of not more than one hundred dollars ($100.00). (Sec. 16, Act 118, S. L. 1911.) Sec. 121. REGULATIONS. For the purpose of carrying out the provisions of this act the board of health, with the consent of the governor, may make such regulations as it shall deem necessary which, when published in accordance with section 14, (R. L. Sec. 992), shall have the force of law and shall be deemed notice to all persons. (Sec. 17, Act 118, S. L. 1911.) 42 LEPROSY. Sec. 122. GOVERNMENT LAND FOR. .The president of the board of health is authorized, with the approval of the said board, to reserve and set apart any land or portion of land owned by the government, for a site or sites of an establishment or establishments to secure the isolation and seclusion of such leprous persons as in the opinion of >the board of health or its agent may, by being at large, cause the spread of leprosy. (R. L. Sec. 1120.) Sec. 123. ACQUIRING OTHER LAND. The president of the board of health, acting with the approval of said board, may acquire for the purpose stated in the preceding section, by purchase or exchange, any piece or pieces, parcel or parcels, of land, which may seem better adapted to the use of lepers than any land owned by the government. (R. L. Sec. 1121.) Sec. 124. HOSPITALS. The board of health is authorized to make arrangements for the establishment of hospitals on each island where leprous patients in the incipient stages may be treated in order to attempt a cure; and the said board and its agents shall have full power to discharge all such patients as it shall deem cured, and to send to a place of isolation contemplated in section 121 (R. L. Sec. 1120), all such patients as shall be considered incurable or capable of spreading the disease of leprosy. (R. L. Sec. 1126.) Note to Sec. 122. See Re segregation of Lepers, 5 H. 162, holding law authorizing seg- regation of lepers constitutional. Capability to spread disease of leprosy need not be absolutely demonstrated, opinion of board of health suf- ficient; Iu re Kaipu, 2 U. S. Dist. Ct. H. 227. See also In re Maunakea, 19 H. 218, holding the preceedure taken in that case under R. L. 1122 and 1122A, irregular. R. L. 1122 was amended by Act 122, S. L. 1907 and both R. L. 1122 and R. L. 1122A, which were enacted by Act 122. S. L. 1907, were repealed by Act 81, S. L. 1909, which created new law on this subject. Lepers are exempt from personal taxes, Act 93, S. L. 1907. Leprosy ground for divorce, R. L. 2228, also R. L. 2230, as amend- ed by Act 19, S. L. 1905, Act 72, S. L. 1907, Act 109, S. L. 1907, and Act 25, S. L. 1909. Prima facie proof of leprosy in divorce cases, R. L. 2232, as amended by Act 19, S. L. 1905. Compensation residents of Kalawao, Act 3, S. L. 1909. Purchase beef cattle Act 47, S. L. 1911. What vessels authorized to carry lepers. Act 132, S. L. 1909. For organization of County of Kalawao under jurisdiction of board of health see Sec. 161, (Sec 2, Chap. 2, Act 39, S. L. 1905. Practice of medicine act not to be construed to amend or repeal law regarding leprosy, Sec. 259, (R. L. Sec. 1069, amended by Act 133, S. L. 1909). Note to Sec. 124. On joint resolution asking federal appropriation $150,000 federal leprosarium, see joint resolution in S. L. 1905, p. 253. 43 Sec. 125. PERMITS TO TREAT LEPERS. The board of health may permit any person to engage in the treatment of lepers or of persons supposed to have leprosy. Such permits shall be under such conditions and regulations as the board shall prescribe, and be re- vocable at the pleasure of the board. (R. L. Sec. 1127.) Sec. 126. HOSPITAL ON OAHU. There shall be established at and on such place on the Island of Oahu, Territory of Hawaii, as the governor shall direct, a hospital for the care of persons afflicted with leprosy, there to receive such treatment as shall be provided or ap- proved by the board of health. (Sec. 1, Act 81, S. L. 1909.) Sec. 127. TREATMENT AT HOSPITAL. At such hospital every reasonable effort shall be made to effect a cure of the patients, and such patients shall be cared for as well as circumstances will permit and given such liberties as may be deemed compatible with public safety. They shall be treated by such licensed physician or physicians as the board shall designate, but if any patient so prefers, he may be treated at his own expense by a licensed physician of his own selec- tion under such conditions as the board may prescribe. Any person may, at any time, secure free of charge at such hospital an examina- tion for the purpose of determining whether or not he is a leper, and in case he is found not to be a leper the board shall upon request fur- nish him with a certificate setting forth such fact, the date of exami- nation and the name or names of the physician or physicians making such examination. (Sec. 2, Act 81, S. L. 1909.) Sec. 128. NOTIFICATION. Every person who knows, or has rea- son to believe, that he, or any other person, not already under the care or control of the board of health, is a leper, shall forthwith re- port to the board or its authorized agent, that fact and such other in- formation relating thereto as he may have and the board may require. (Sec. 3, Act 81, S. L. 1909.) Sec. 129. EXAMINATION. Any person so reported, or otherwise believed to be a leper, may be examined at any time and place and by any physician or physicians that may be agreed upon by him and the board or its agent. The board or its agent may, however, instead re- quest such person to appear at a designated time and place not less than five days thereafter and then and there to submit to an examina- tion by a designated physician for the purpose of ascertaining whether such person is a leper. If, however, such person prefers such examina- 44 tion to be made by more than one physician, he may so notify the board or its agent at any time before the time so designated and may at the same time, or within such further time as the board or its agent may allow, designate to the board or its agent one licensed physician in which case the board or its agent shall within five days thereafter designate to such physician a second licensed physician and at the same time so notify such person and such second physician, and the two physicians so designated shall within five days thereafter designate to the board or its agent a third licensed physician, and if they fail to do so, such third physician shall be designated by the circuit judge of the circuit in which the examination is to be held and in the case of the first circuit by the first circuit judge; and in case such person shall fail to designate a physician within the time allowed, all three physicians shall be designated by such judge; notice of any such designation or designations by a judge shall be given forthwith to such person and to the board or its agent; when the three physicians have been so designated, such examination shall be made by them or a majority of them at a convenient time and place designated by the board or its agent, reasonable notice of which shall have been given by the board or its agent to, such person and such physicians. The physician or physicians who make the examination shall report to the board or its agent whether in his or their opinion such person is a leper. If such person is under the age of sixteen years, his parent or guardian, if any, may exercise such preference and thereafter rep- resent, such person as far as may be for the purpose of this section. If upon such examination such person is found not to be a leper, the board shall furnish him upon request a certificate setting forth such fact, the date of examination, and the name or names of the physician or physicians making the examination. (Sec. 4, Act 81, S. L. 1909.) Sec. 130. TRANSFER TO HOSPITAL. If upon such examination such person is found by such physician or physicians or a majority of them to be a leper, he may be transferred by the board or its agent to such hospital. If he shall refuse or fail to appear and submit to any such examination at the time and place designated or agreed, he may be arrested and taken to such hospital upon a warrant issued by any circuit or district magistrate upon a sworn complaint setting forth the necessary facts and shall there be examined as near as may be as provided in section 128. (Sec. 4, Act 81, S. L. 1909.) All lepers 45 at such hospital shall remain in the custody of the board or its agent until lawfully discharged or removed by its direction or permission. (Sec. 5, Act. 81, S. L. 1909.) Sec. 131. PAROLE. The board of health shall have full authority when in its opinion it shall deem such course advisable to permit or direct any person detained at the Kalihi Hospital or at the settlement at Molokai to go therefrom to such other place or places and for such time or times as the board may designate, but no such direction or permission shall be construed as a discharge of said person under the provisions of act 81 of the session laws of 1909. All such persons shall have all the rights and privileges, and be subject to all the obli- gations of said act 81, except only as otherwise expressly provided herein. (Act 113, S. L. 1911.) Sec. 132. REMOVAL TO SETTLEMENT. Any leper may be re- moved from such hospital or any other place to the leper settlement at any time with his consent; but no leper shall be so removed until he has been at such hospital for at least six months unless, in the opinion of at least three licensed physicians he cannot be materially benefited by further treatment there, provided that any leper whose custody it has been necessary to obtain by arrest or who is unwilling to receive such treatment or to submit to such rules and regulations as the board may approve or prescribe may be so removed at any time. When so removed he shall remain in the custody or control of the board until lawfully discharged. (Sec. 6, Act 81, S. L. 1909.) Sec. 133. DISCHARGE. Any person detained as a leper, whether at the hospital or at the settlement, shall be released whenever the board shall be satisfied in any way that he is not a leper. Upon the request of any such person at any time not less than one year after any previous examination, he shall be examined by three licensed phy- sicians to be chosen in the manner provided in section 129, (Sec. 4, Act 81, S. L. 1909.) A decision by a majority of the examining physic- ians that he is not a leper shall entitled him to a discharge. (Sec 7 Act 81, S. L. 1909.) Sec. 134. AID TO PERSONS DISCHARGED FROM THE SETTLE- MENT, There shall be and hereby is appropriated the sum of five thousand dollars ($5,000.00) from the public treasury for the purpose of aiding indigent persons who have been segregated at the leper set- tlement, on Molokai, and who were examined since April 1, 1909, and 46 found free of the disease, known as leprosy, and ordered to leave the Settlement, which shall be drawn upon from time to time, by the presi- dent of the board of health in such amounts as may be allowed by the board of health for the relief of such persons. (Act 95, S. L. 1911, approved April 17, 1911.) Sec. 135. EXPENSES; RULES SEGREGATION AND TREATMENT OF LEPERS. The board shall bear all expenses of travel and other necessary expenses incurred under this act; and may prescribe all rules, regulations and forms and perform all acts necessary and proper for carrying out its provisions. (Sec. 8, Act 81, S. L, 1909) Sec. 136. PENALTY. Any physician or police or other officer who shall violate the provisions of section 129, (Sec. 3, Act 81 S. L. 1909), of this act shall be liable to a penalty of not more than one hundred dollars and in addition thereto to forfeiture of his license to practice, or to removal from office as the case may be. (Sec. 9, Act 81, S # L. 1909.) Sec. 137. The sum of forty thousand dollars is hereby appropriated, out of the moneys in the treasury received from the general revenues, for a hospital to be erected under this act. (Sec. 11 Act 81, S. L. 1909.) Sec. 138. CONCEALING LEPERS, PENALTY. Whoever shall know- ingly detain or harbor upon premises subject to his control, or shall in any manner conceal or secrete, or assist in concealing or secreting any person afflicted with leprosy, with the intent that such person be not discovered by or delivered to the board of health or its agents; or who shall support or assist in supporting any person having leprosy living in concealment, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof be liable to a fine of not more than one hundred dollars. (R. L. Sec. 1123.) Sec. 139. POLICE TO REPORT LEPERS. It shall be the duty of every police officer or deputy sheriff having reason to believe that any person within his district is afflicted with leprosy, to report the same forthwith to the agent of the board of healh in such district, if any, otherwise to the nearest agent of the board of health. (R. L Sec. 1124.) Sec. 140. PENALTY. Any police officer or deputy sheriff who shall wilfully fail to comply with the provisions of section 139 (R. L. Sec, Note to Sec. 134. For compensation lepers whose property at Kalawao was taken for federal purposes, see Act 3. S. L. 1909. 47 1124) shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not less than ten dollars nor more than two hundred dollars, and shall be dismissed from office. (R. L. Sec. 1125.) Sec. 141. LABOR REQUIRED OF PATIENTS: REGULATIONS. The board of health or its agents may require from patients such rea- sonable amount of labor as may be approved of by the attending physicians; and may further make and publish such rules and regula- tions as by the said board may be considered adapted to ameliorate the condition of lepers, which said rules and regulations shall be pub- lished and enforced as in sections 14 and 15 provided. (R. L. Sees. 992 and 993). (R. L. Sec. 1128.) Sec. 142. LEPERS EXEMPT FROM TAXATION. Any person who has been declared by the Territorial board of health to be a leper and is detained and confined as such at the leper settlement, County of Kalawao, shall, so long as he or she is so detained and confined, be exempt from the payment of the following taxes ,to wit: "Personal Property," "Personal Taxes" and "Specific Taxes." (Act 93, S. L. 1907.) Sec. 143. REGULATIONS. It shall be lawful for the board of health' through its president, to make and promulgate such rules and regula- tions as may be from time to time necessary for the government and control of the lepers placed under their charge, and such rules and regulations shall have the same force and effect as a statute law of the Territory; provided, always, that the sanction of the governor be given thereto, and that they be published in two newspapers, pub- lished in Honolulu, one in the Hawaiian, the other in the English language. (R. L. Sec. 1129.) Sec. 144. WHO ALLOWED AT SETTLEMENT. No person, not be- ing a leper, shall be allowed to visit or remain upon any land, place or inclosure set apart by the board of health for the isolation and con- finement of lepers, without the written permission of the president of the board, or some officer authorized thereto by the board of health, under any circumstances whatever, and any person found upon such land, place or inclosure without a written permission, shall, upon con- viction thereof, be fined in a sum not less than ten nor more than one Note to Sec. 143. On rules see Sees. 125, (R. L. Sec. 1127), 143, (R. L. 1128), 146, (R. L. 1135); and on rules in general Sec. 12. (R. L. 991 as amended by Act 42, S. L. 1905, and by Sec. 2, Act 132, S. L. 1911). 48 hundred dollars for such offense, and in default of payment, be im- prisoned until the fine and costs of court are discharged in due course of law. (R. L. Sec. 1131, as amended by Act. 33, S. L. 1905.) Sec. 145, KOKUAS OR HELPERS. CONTROL OF. Voluntary helpers or kokuas living with lepers segregated by the board of health may be by such board declared infected with the disease of leprosy, and capable of communicating the same to others. All such kokuas are hereby placed under the control of the board of health and may be pre- vented by it from intermingling with those free from the disease. (R. L. Sec. 1132.) Sec. 146. REGULATIONS; KOKUAS, The board of health, with the consent of the governor, is empowered to make and promulgate such rules and regulations in regard to said helpers or kokuas for their care, discipline and maintenance as may be deemed necessary, which rules and regulations shall have the force and effect of law when promulgated (R. L. Sec. 1133). Sev. 147. DUTIES: KOKUAS. Every kokua who has heretobefore received permission, or who may hereafter get permission to go to the leper settlement, according to law, shall perform the duties of kokua to his leper friends as provided in section 148, (R. L Sec. 1135), and in no other way. (R. L. Sec. 1134.) Sec. 148. SAME: PENALTY. The duties to be performed by the kokuas of the lepers shall be that they must take care of the leper or lepers that they went there to assist, and go and get and prepare in suitable manner all food and other supplies that are furnished by the Territory to the lepers, and attend to the clothing and other things that would contribute to the comfort of the lepers whose kokuas they are. And said kokuas shall also perform such labor and service as may be required by the board of health when requested to do so by the superintendent of the leper settlement, for which services they shall be paid such wages as are deemed fair and just by the board of health, such wages to be not less than fifty cents per diem. And any kokua refusing to perform such labor as above stated, or who shall vio late any rule or regulation of the board of health, shall be liable on conviction to expulsion from the settlement. (R L. Sec. 1135.) Sec. 149. WHAT VESSELS TO CARRY. No steam coasting vessel licensed to carry passengers and engaged in the regular performance of that business, according to published schedule of sailing times, and 49 whose gross tonnage exceeds five hundred tons, shall be compelled or allowed while so engaged to carry to or from any part or place in the Territory of Hawaii any leper or any person or persons suffering from any contagious or infectious disease. (R. L. Sec. 1136 as amended by Act 132, S. L. 1909.) Sec. 150. PENALTY. The master or owner of any such vessel knowingly violating the provisions of section 149, (R. L. Sec. 1136 as amended by Act 132, S. L. 1909), shall be guilty of a misdemeanor, and upon conviction shall be fined in a sum not to exceed two hundred dol- lars. (R. L. Sec. 1137.) Sec. 151. POWER TO CONDEMN. The superintendent of public works is authorized and empowered to enter upon and take possession of and hold for the use of the Territory, such land, real estate and property wheresoever situated on the island of Molokai, in the Terri- tory of Hawaii, as may be required by the board of health for the seg- regation and confinement of lepers, or for other purposes of the board of health. (R. L. 1138.) Sec. 152. NOTICE, TAKING POSSESSION. Whenever the board of health may require any parcel of land or property on the island of Molokai for any such purpose, the president of the board shall so in- form the superintendent of public works in writing, stating the loca- tion and area of such land or property so far as may be known to him, and the purpose for which the same is required, with a request that the same be acquired by the Territory. If upon receipt of such request and information the said superintendent shall deem the same to be reasonable and proper, he shall, after first giving thirty days written notice to the occupants of such land or property, take possession of the same for the use of the Territory; Provided, however, that if such land or property is not actually occupied by any person, the said super- intendent may take immediate possession of the same. (R. L. Sec # 1139.) Sec. 153. APPRAISED BY COMMISSIONERS, WHEN. Whenever the superintendent of public works shall proceed to take possession of any land or property under the provisions of sections 151 to 160, (R. L. Sees. 1138-1147), he shall first endeavor to agree with the owners (if known to him) of such land or property upon the amount to be paid them for the land or property taken or proposed to be taken, or to compromise with them, and in case of failure to agree with them he 50 shall appoint three competent and disinterested persons to act as com- missioners to ascertain and determine such compensation. (R. L Sec. 1140.) Sec. 154. NOTICE OF HEARING. The commissioners so appointed shall give notice to the owners, if known to them and resident within the Territory of Hawaii, whose property has been taken or is proposed to be taken. If the owners of such land or property be unknown or cannot be served by reason of non-residence or other cause, then a notice posted in a conspicuous place on the land or property, or left at the owner's, occupant's, tenant's or agent's residence shall be deemed sufficient notice. Such notice may be in general terms and ad- dressed to all persons interested. (R. L. Sec. 1141.) Sec. 155. HEARING, DECISION. Such notice shall describe the land or property taken or proposed to be taken, and state the time and place at which the commissioners will meet to hear the claimants and take evidence as to the amount of compensation to which they are en- titled. At every such meeting the commissioners shall take such tes- timony as they deem necessary, and they or a majority of them shall determine upon the proper compensation to be made. The decision arrived at by the commissioners shall be final and binding unless an appeal is taken as hereafter in this chapter provided. The commis- sioners shall have power to administer oaths, subpoena witnesses and grant continuances in like manner as district magistrates. (R. L. Sec. 1142.) Sec. 156. CERTIFICATE OF APPRAISEMENT. The commission- ers, or a majority of them, shall make, subscribe and file with the su- perintendent of public works, within such reasonable time as shall be fixed upon by said superintendent, a certificate of their findings and appraisement, in which the land or, property so valued shall be de- scribed with convenient accuracy and certainty _ (R. L. Sec. 1143.) Sec. 157. PAYMENT. Upon the filing of the certificate as provided in the preceeding section, the superintendent of public works may pay to the person or persons named in the certificate the several amounts determined upon by the commissioners, out of any appropriation avail- able for the purpose; provided, always, that either party feeling ag- Note to Sec. 156. On powers of district magistrate in these respects, see R. L. Sec. 1663. See also In re Atcherly, 19 H. 346. 51 grieved by the decision of the commissioners may appeal to the circuit court of the first judicial circuit. (R. L. Sec. 1144.) Sec. 158. APPEAL. All appeals must be taken within twenty days after the date of the filing of the certificate with the superintendent of public works by filing with the commissioners a written notice of ap- peal, and filing with the clerk of the judiciary department a bond in the sum of fifty dollars, conditioned to secure payment of future costs; provided, however, that fifty dollars in money may be deposited in lieu of a bond. Such appeal shall not prevent the superintendent from re- taining or taking possession of the land or property mentioned and valued in the certificate. (R. L. Sec. 1145.) Sec. 159. RECORDING DECISION. A copy of the final appraise- ment or decision duly certified by the superintendent of public works under the seal of his office shall be recorded in the office of the regis- trar of conveyances, and shall operate as a deed of conveyance in fee simple from the owners of the land or property to the Territory of Hawaii. (R. L. Sec. 1146.) Sec. 160. COMMISSIONERS, PAY, VACANCIES. The superintend- ent of public works shall, on receiving the certificate of appraisement pay to the commissioners such reasonable compensation for their ser- vices as he shall determine upon, and he shall have power to fill any vacancy in their number caused by death or otherwise. (R L. Sec. 1147.) Sec. 161. All that portion of the Island of Molokai, known as Kalau- papa, Kalawao and Waikolu, and commonly known or designated as the leper settlement, shall not be or form a portion of the County of Maui, but shall be and is hereby constituted a county in itself, and as such shall have only the powers especially conferred and given by chapter two of this act and shall be known as the County of Kalawao and, ex- cept as provided in said chapter two, none of the provisions of this act or any other act relating to counties shall be deemed to refer to or shall be applicable to the said County of Kalawao. (Act 39, S. L. 1905, Chap. 1, Sec. 5.) Sec. 162. COUNTY UNDER BOARD OF HEALTH. The County of Kalawao shall be under the jurisdiction and control of the Territorial board of health and be governed by the laws, rules and regulations aow in force or which may hereafter be enacted or lawfully made relating to said board of health and the care and segregation of lepers, except as herein limited. (Act 39, S. L. 1905, Chap. 2, Sec. 2.) 52 Sec. 163. NO COUNTY OFFICER EXCEPT SHERIFF. There shall be no county officer in said county other than a sheriff, who shall be a resident of and be appointed in said county by the board of health and who shall hold office at the pleasure of said board or until his suc- cessor is appointed by said board. (Act 39, S. L. 1905, Chap 2, Sec. 3, as amended by Act. 134, S. L. 1911, taking effect Jan. 1, 1913.) Sec. 164. SHERIFF SALARY FIXED BY BOARD. The salary of the sheriff shall be fixed and paid by the said board of health out of the appropriation allowed by the legislature for the care and segregation of lepers. (Act 39, S. L 1905, Chap. 2, Sec. 4.) Sec. 165. SHERIFF: DUTIES. The sheriff of the County of Kala- wao shall preserve the public peace and shall arrest and take before the magistrate for examination all persons who attempt to commit or have committed a public offense and prosecute the same to the best of his ability. (Act 39, S. L. 1905, Chap 2, Sec. 5.) Sec. 166. SHERIFF APPOINTS POLICEMEN. Said sheriff shall have power to appoint and dismiss and re-appoint at his discretion five policemen for the county who, for the services rendered as policemen, shall receive such pay as the said board of health shall determine and which pay shall be taken out of and from the appropriations made by the legislature for the care and segregation of lepers and he shall have such other powers and duties as are prescribed by law for the sheriffs of the several counties respectively. (Act 39, S. L. 1905, Chap 2, Sec. 6.) ADULTERATED FOODS AND DRUGS. Sec. 167. MANUFACTURE, SALE, PROHIBITED. No person shall within the Territory of Hawaii manufacture, offer for sale, keep for sale or sell, any drug or article of food which is adulterated or mis- branded within the meaning of this chapter. (R. L Sec. 1041, as amended by Act 77, S. L. 1911.) Note to Sec. 167. On adulteration of foods and drugs, see also Sees. 190, 191, (R. L. Sees. 3022 and 3023.) and Sec. 192, (R. L. Sec. 3024, as amended by Act 33, S. L. 1905); on adulterated milk, Sees. 186, 187, (R. L. Sees. 1388, 1389). Oleomargarine, etc., Sees. 188, 189, (R. L. Sees. 3026, 3027); adulterated wines and liquors, Sees. 194-200, (Sees. 47-53, Act 119, S. L. 1907); Manu- facture of poi, Sees. 182-185, (Sees. 1-4, Act 101, S. L. 1911); Manufacture of food products, Sees. 178-181, (Sees. 1-4, Act 117, S. L. 1911). On regu- lations governing places where food stuffs are manufactured see Sec. 12, (R. L. Sec. 991, as amended by Act 42, S. L. 1905 and Sec. 2, Act 132, S. L. 1911), and note to Sec. 13; for sale of poisons, note to Sec. 201. 53 Sec. 168. "DRUG," "FOOD," DEFINED. The term "drug" as used in this chapter shall include all drugs, medicine or medical prepara- tions for external or internal use, antiseptics, antiseptic dressings, dis- infectants and cosmetics. The term "food" as used herein shall include all articles used for food or drink by man, whether simple, mixed or compound. (R. L Sec. 1042.) Sec. 169. MISBRANDING DEFINED. Any drug or article of food or article which enters into the composition of food shall be deemed to be misbranded within the meaning of this chapter if the package or label containing or marking the same shall have thereon, or contain any statement, design or device regarding such drug or article, or the ingredients or substances therein contained, which is false or mislead- ing in any particular, and if any such drug or article is falsely branded or labeled as to the state, territory or county in which it is manufac- tured or produced. (R. L. Sec. 1042A, Sec. 2, Act 77, S. L # 1911.) Sec. 170. ADULTERATION DEFINED. An article shall be deemed to be adulterated within the meaning of this chapter: (a) In the case of drugs: (1) If, when manufactured, sold, offered for sale or kept for sale, under or by a name recognized in the United States Pharmacopoeia, it differs from the standard of strength, quality or purity laid down therein: (2) if, when manufactured, sold, offered for sale or kept for sale, under or by a name not recognized in the United States Pharma- copoeia, but which is found in some other pharmacopoeia, or other standard work on materia medica, it differs from the standard of strength, quality or purity laid down in such work: (3) if its strength, quality or purity falls below the professed standard under which it is sold; (4) if it contains any substance inimical or dangerous to life without the same being duly stated on the label or wrapper: (b) In the case of food: (1) If any substance or substances have been mixed with it so as to lower or depreciate or injuriously affect its quality, strength or purity; (2) if any inferior or cheaper substance or snbstances have been substituted wholly or in part for it; (3) if any valuable or neces- sary constituent or ingredient has been wholly or in part abstracted from it; (4) if it is an imitation of, or is manufactured, sold, kept for sale or offered for sale under the name of another article; (5) if it consists wholly or in part of a diseased, decomposed, putrid, infected, 54 tainted or rotten animal or vegetable substance, whether manufac- tured or not; (6) in the case of milk, if it is the produce of a diseased animal, or if it contains less than eleven and a half per centum of total solids or two and a half per centum of butter fat, or if it contains any preservations or antiseptic; (6a) in the case of cream, if it contains less than eighteen per cent of butter fat, or if it contains any preserva- tive or antiseptic; (6b) in the case of ice cream, if it contains less than fourteen per cent of butter fat, except in the case of fruit or nut ice cream, in which cases it shall contain not less than twelve per cent of butter fat; (6c) in the case of poi, if it contains less than thirty per cent of total solids; (7) if it is colored, coated, polished or powdered whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is; (8) if it contains any added substance or ingredient which is poisonous or in- jurious to health, or any deleterious substance not a necessary in- gredient in its manufacture; provided that the provisions of this chap- ter shall not apply to mixtures or compounds recognized as ordinary articles of food, if the same be distinctly labeled as mixtures or com- pounds, and are not injurious to health, and contain no ingredient not necessary to the preparation of a genuine article of such mixture or compounds, and from which no necessary ingredient in its preparation is eliminated. (R. L. Sec. 1043, as amended by Sec. 3, Act 77, 3. L. 1911.) Sec. 171. COMMISSIONER, APPOINTMENT, BOND. To carry out the provisions of this chapter, the board of health shall appoint a daty qualified food commissioner or analyst, who shall receive such salary as the legislature may from time to time appropriate, and who stall furnish good and sufficient bonds of not less than two thousand dollars for the proper and unprejudiced performance of his duties, and who shall be provided by the board of health with the necessary apparatus, together with a proper office and laboratory for work. (R. L. Sec. 1044.) Sec. 172, DUTIES. It shall be the duty of the food commissioner to carefully inquire into the quality of the several articles which are foods, drugs or the necessary constituents of foods or drugs, manufa2- tured or kept for sale, or sold or exposed for sale within the Territory of Hawaii; and he may in a lawful manner procure samples thereof, submit the same to a careful examination, and report the results of 55 such analysis of all or any of such drugs, food and drink products as are adulterated, impure or unwholesome, in contravention of the laws of the Territory of Hawaii to the hoard of Health; and it shall be the duty of the food commissioner to make complaint with the necessary evidence through the proper authorities, against such manufacturer or vendor. (R. L. Sec. 1045.) Sec. 173. INVESTIGATE COMPLAINTS. The food commissioner shall investigate complaints on the information of any person who shall lay before him satisfactory evidence of the same. (R. L Sec. 1046.) Sec. 174. SAMPLES TO BE FURNISHED. If any person manufac- turing, keeping for sale, offering for sale or exhibiting for sale any drug or article of food included in the provision of this chapter, shall refuse to furnish the duly appointed food commissioner, upon demand, either personal or in writing, a sample sufficient for the analysis of such drug or article of food which is in his possession, the food com- missioner tendering the market price therefor, such refusal shall be prima facie evidence that such drug or article of food so manufac- tured, kept for sale, offered for sale or exhibited for sale is adulterated within the meaning of this chapter. (R. L. Sec. 1047.) Sec, 175. POWERS OF COMMISSIONER. The food commissioner shall have power in the performance of his duties, to enter into any creamery, factory, store, salesroom, storageroom, drug store or labor- atory, or any place where he has reason to believe food or drink are made, prepared, sold or offered for sale, and to open any cask, tub, bottle, case or package containing or supposed to contain any article of food or drink and examine or cause to be examined the contents thereof. (R. L. Sec. 1048.) Sec. 176. MONTHLY REPORT. The food commissioner shall make a monthly report in writing to the president of the board of health con- taining the results of inspection and analysis in detail, and upon re- quest of said board he shall furnish for publication a popular explan- ation of the same covering any month or period, together with any such other information as may come to him in his official capacity re- lating to the adulteration of drugs and food and drink products, -o far as the same may be deemed by the said board of health to be of ben- efit and advantage to the public. (R. L. Sec 1049). Sec. 177. PENALTIES. Whoever violates any of the provisions of 56 this chapter shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding two hundred, nor less than ten dollars, or im- prisoned not exceeding one hundred nor less than thirty days, or tcth- (R. L. Sec. 1050.) MANUFACTURE COMPOUNDING PREPARATION FOOD PRODUCTS. / Sec. 178. LICENSE. No person shall manufacture, compound or otherwise prepare any confections, cakes, bread stuffs or other food products intended for sale, and for human consumption in any :>hop or premises without first obtaining from the treasurer of the county or city and county where such shop, building or other premises are lo- cated, a license. No such license shall be granted to any person by the treasurer until he shall have received a certificate from the board of health stating that, after an examination made, it appears that said shop, building or other premises are in a sanitary and fit condition lor the manufacture, compounding or otherwise preparing such food products; and when issued such license shall contain, among other things, a condition that the shop, building and premises shall be kept in a good sanitary condition in accordance with the law and with the orders of the agent of the board of health, and that such agents of the board of health may have at all times access thereto for the purpose of inspection. (Sec. 1, Act 117, S. L. 1911.) Sec. 179. PENALTY. Any person who shall have, keep or maintain any such shop, building or other premises, or shall manufacture, com- pound or otherwise prepare upon such shop, building or other prem- ises any such confection, cake, bread stuff, or other food products without first obtaining a license under this act, or who, holding a li- cense, shall violate or fail to observe any of the requirements or condi- tions of this act or of his license shall, upon conviction, be fined not less than ten ($10.00) or more than one hundred dollars ($100.00), and the court having jurisdiction thereof may cancel his license (Sec. 2, Act 117, S. L. 1911.) Sec. 180. FEE. The annual fee for such license shall be the sum of ten dollars ($10.00). (Sec. 2, Act 117, S. L. 1911.) Sec. 181. NOT APPLY TO POI. Nothing in this act contained shall 57 be construed to include the manufacture of poi or paiai. (Sec. 4. Act 117, S. L 1911.) MANUFACTURE OF POI FOR SALE. Sec. 182. PROHIBITED WHERE. No shop or building for the man- ufacture or sale of poi or paiai shall be erected, maintained, used or operated except as hereinafter provided. (Sec. 1, Act 101, S. L. 1911.) Sec. 183. CONSTRUCTION OF BUILDING. Every such shop or building shall be laid with cement floors, with cement side walls to a height of at least two feet and draining to a trap connected with a cesspool, sewer, or such other means for the proper disposal of drain- age, as may be approved by the board of health. No such shop or building shall be maintained, used or operated in any place where there is not available an adequate supply of pure water, or which is incapable of proper drainage, or which is so situated that the poi or paiai manufactured thereat might, in the opinion of said board, be contaminated or infected by reason of proximity to any stable, laundry, abbatoir or other place at which any business or process is carried on or condition maintained which, in such opinion, might be a source of such contamination or infection; nor, while any shop or building is being so used, shall any such stable, laundry, abbatoir or other place be permitted to be established in such proximity thereto as to be, in the opinion of said board, a source of contamination or infection to the poi or paiai manufacured thereat. No such shop or building shall be maintained, used or operated for any other purpose than the manufac- ture of poi or paiai; nor unless only pure water shall be used thereat and proper drainage maintained therefor; nor unless it shall be kept so screened as to prevent flies and insects from entering therein; nor unless all implements, tools, machinery, containers, and all other uten- sils used for or in connection with the manufacture, distribution or storage of poi or paiai shall be sterilized each time before being so used; nor if any person, or individual is employed or engaged in or about such shop or building who is afflicted with any contagious or infectious disease or any disease which, in the opinion of the board Note to Sec. 182. This is a new act taking the place of the R. L. Chap. 87, the several provisions of which have been repealed from time to time by Act 72, S. L. 1905, and Act 19, S. L. 1909. 58 of health, may contaminate or infect the poi or paiai. (Sec. 2, Act 101, S. L. 1911.) Sec. 184. CANCELLATION PERMIT. The board of health is here- by authorized to direct the cancellation of any permit for a shop or building where poi or paiai is manufactured for sale, issued by any county or city and county officer, or otherwise, and to close and keep closed any such shop or building which in any respect fails to meet the requirements and conditions of this act. (Sec. 3, Act 101, S. L. 1911.) Sec. 185. VIOLATION: PENALTY. Any person who violates any provisions of this act shall be guilty of a misdemeanor, and upon con- viction thereof, shall be punished by a fine of not less than five dol- lars ($5 # 00), nor more than two hundred dollars ($200.00), or by im- prisonment for not more than sixty days, or by both such fine and imprisonment. (Sec. 4, Act. 101, S. L. 1911.) MILK. Sec. 186. SELLING ADULTERATED MILK; PENALTY. Any per- son who shall sell, or offer for sale, any milk which has been adulter- ated by the addition of water or other substance; or from which the cream has been skimmed or separated, unless the same is specifically and openly stated to be skimmed milk, shall be fined not more than fifty dollars. (R L. Sec. 1388.) Sec. 187. INSPECTION, TESTING, CONFISCATION. Any police officer or agent of the board of health shall have power to inspect any test any milk sold or offered for sale, and to confiscate any adul- terated milk which he may find. (R. L. Sec. 1389.) OLEOMARGARINE. Sec. 188. SALE OF, AS BUTTER. PUNISHMENT. Whoever knowingly sells to any person or offers for sale any butter manufac- tured from or by the use of "oleomargerine" so called, unless the pack- age containing the same shall be distinctly marked "oleomargarine," shall be deemed guilty of a misdemeanor and punished by a fine of not Note to Sec. 186. For appointment Milk Commission, see joint res. No. 4. p. 214. S. L. 1909. See general title "Adulterated foods and drugs," and note to Sec. 167. 59 more than two hundred dollars or imprisoned not more than twenty days or both. (R. L. Sec. 3026.) Sec. 189. OTHER SEMBLANCES OF BUTTER; PUNISHMENT. Whoever knowingly sells or offers for sale any substance purporting to be, or having the semblance of butter, which substance is not wholly made from pure cream or pure milk, unless the same is sold or offered for sale under its true and appropriate name, and unless, in case of a sale, each package, roll or parcel thereof, and each vessel containing one or more packages of the same, has distinctly and durably painted, stamped or marked thereon the true and appropriate name of such substance, in ordinary bold face capital letter, or unless, in case of a sale, there is delivered with each package, roll or parcel so sold, a label on which is plainly and legibly printed the true and appropriate name of such substance, shall be guilty of a misdemeanor and pun- ished by imprisonment of not more than thirty days or a fine not to exceed two hundred and fifty dollars or both; but nothing contained in this section shall be construed to prevent the use of harmless color- ing matter in the manufacture of butter. (R. L. Sec. 3027.) UNWHOLESOME ADULTERATED FOOD— GROSS CHEAT. Sec. 190. UNWHOLESOME PROVISIONS. Whoever shall know- ingly sell any kind of diseased, corrupted, or unwholesome provisions for the food of man, without making the same fully known to the buyer, is guilty of a gross cheat. (R. L., Sec. 3022.) Sec. 191. ADULTERATING FOOD. Whoever shall knowingly com- pound, prepare, or adulterate any substance intended for food, drink, or medicine for man, with any ingredient or matter so as to render such food, drink, or medicine injurious to health; or knowingly procure such substance to be compounded, prepared, or adulterated is guilty of a gross cheat. (R. L. Sec. 3023.) Sec. 192. PUNISHMENT. Whoever is convicted of a gross cheat shall be punished by imprisonment not more than one year, or by a fine not exceeding one thousand dollars. (R. L., Sec. 3024, as amended by Act 33, S. L. 1905.) Note to Sec. 188. See general title "Adulterated foods and drugs" and note to Sec. 167. Note to Sec. 190. See general title "Adulterated foods and drugs," and note to Sec. 167. 60 Sec. 193. CIVIL REMEDY NOT A BAR. No person shall be ex- empted from criminal prosecution for gross cheating, by reason of the party cheated having a remedy against him by civil action. (R. L., Sec. 3025.) INTOXICATING LIQUORS; ADULTERATION. Sec. 194. SALE ADULTERATED LIQUOR: NOTIFICATION. If a person who has reason to believe that a licensee is selling intoxicating liquor that is adulterated, shall call the attention of the inspector thereto, said inspector, or any person authorized by him in writing, shall secure from such licensee a sample or samples of liquor for analysis; and said inspector may at any time procure or so cause to be procured samples of liquor for analysis. (Sec. 47, Act 119, S. L., 1907.) Sec. 195. PROCURING SAMPLES. The inspector or the person so authorized shall, upon procuring samples from such licensee, immedi- ately disclose to the licensee his office or authority, and in case such procurer shall be a person other than the inspector, he shall then de- liver to the licensee a copy of the written order to procure such samples; and the vessel or vessels containing the same shall then be sealed by the procurer thereof before being taken from the premises of such licensee and the licensee may also attach his seal thereto. (Sec. 48, Act 19, S. L. 1907.) Sec. 196. ANALYSIS OF SAMPLES. The inspector shall cause the samples so obtained to be immediately delivered to the food commis- sioner or analyst, or some other competent analyst who shall make an analysis of such liquors, and shall send a certified report of such analysis to said inspector, who shall file the same with the secretary of the board. (Sec. 49, Act 119, S. L., 1907.) Sec. 197. SAMPLE UNADULTERATED. If the samples analyzed be found free from the adulteration prohibited by the laws of the United States, the certificate referred to in the preceding section shall so state, and the board shall pay to the licensee a sum equal to the value of the sample, and if requested by the licensee the secretary Note to Sec. 194. See general title "Adulterated foods and drugs." The term "In- spector" here used refers to the inspector provided for in Act 119, S. L. 1907 and not to a board of health inspector. 61 shall furnish him a copy of the analysis. (Sec. 50, Act 119, S. L # , 1907.) Sec| 198. SAMPLE ADULTERATED. If the certificate of analysis shows the sample to contain liquor that is adulterated according to the laws of the United States the inspector shall prosecute such licensee for selling, offering for sale or furnishing adulterated liquor, as the case may be. And the licensee from whom such sample was obtained shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed six hundred dollars ($600.00) and his license may be revoked. (Sec. 51, Act 119, S # L., 1907.) Sec. 199. PENALTY. Any person who tampers with the samples of liquor taken for analysis under the provision of this act shall be guilty of a misdemeanor and on conviction thereof be fined not less than two hundred dollars ($200.00) nor more than six hundred dollars ($600.00), or be imprisoned not less than six nor more than twelve months. (Sec. 52, Act 119, S. L. 1907.) Sec. 200. PENALTY. Any licensee who refuses to deliver samples of liquor for analysis upon disclosure of the authority in the manner provided by section 195 (Sec. 48, Act 119, S. L. 1909), of this act shall be guilty of a misdemeanor and on conviction thereof be fined not less than two hundred dollars ($200.00) nor more than six hundred dollars ($600.00). (Sec. 53, Act 119, S. L., 1907.) OPIUM. Sec. 201. SALE OF OPIUM. The board of health may, upon the conditions to be named in such authorization, authorize any duly quali- fied physician or surgeon, or any person holding a license to sell poison- ous drugs, to sell for medical purposes only, opium and preparations thereof; PROVIDED, however, that no person shall sell or furnish Note to Sec. 201. For sale of other poisons, see Sees. 204-207, (R. L. Sees. 1051-1054), and for record of prescriptions containing poisonous drug see Sec. 208, (R. L. 1055); compounding - medicines with poisonous ingredients, Sees. 287-189, (R. L. Sees. 1095-1097), and Sec. 302. (R. L. Sec. 1110); sale of alcohol and methylated spirits, R. L. Sees. 1332-1334; awa, R. L. 1335 et seq., as amended by Act 86, S. L. 1911, Act 9. S. L. 1907 and Act 90. S. L. 1907. Person holding merchandise license not permitted by virtue thereof to sell or furnish opium or any preparation thereof, any poison- ous drug, alcohol, spiritous or intoxicating liquors, R. L. Sec. 1418 G., as enacted by Act 96. S. L. 1907, amended by Act 25, S. L. 1911. See King: vs. Young Tang, 7 H. 49 and Terr. vs. Lara Yip Kee, 19 H. 565. 62 opium or any preparation thereof, except upon the written prescrip- tion of a duly licensed physician signed by him. (R. L. Sec. 1389.) Sec. 202. PENALTY. Any person who shall sell or furnish any poisonous drugs without a license so to do; or who shall violate any of the terms of this chapter, shall be fined not less than fifty nor more than five hundred dollars, or be imprisoned not exceeding six months in the discretion of the court. (R. L , Sec. 1400, as amended by Act 33, S. L., 1905.) Sec. 203. SALE, ETC., BY BOARD OF HEALTH. Nothing in this chapter contained shall be construed to prevent the Territory or the board of health from using or distributing any drugs or medicine. (R. L., Sec. 1401.) POISONS. Sec. 204. SALE PERMITTED WHEN. No person shall sell or de- liver any deadly poison, or any wooden vessel or container which shall have contained any deadly poison, except for scientific, medicinal or mechanical purposes, nor to any person not known to the vendor to be careful and well disposed; PROVIDED that sales may be made to a person not known to the vendor, if some responsible person known to the vendor will certify in writing that the person desiring to pur- chase may safely be intrusted with the same, but in all cases the vendor shall require the purchaser to disclose the intended use of such poison, vessel or container, as the case may be. (R. L. Sec. 1051.) Sec. 205. RECORD TO BE KEPT. Every person who shall sell or deliver any deadly poison shall keep a book in which shall be re- corded the name and quantity of the poison sold or delivered, the person to whom it was sold or delivered and whether such person was known to the vendor, and if not, the name of the responsible person upon whose recommendation the same was sold; and the cer- tificate of such person shall be preserved. The said book of records shall at all times be open to the inspection of the board of health or its agent. (R. L. Sec. 1052.) Sec. 206. SAME. The book required to be kept by section 205 (R. L., Sec. 1052) shall contain a record of the sale of any vessel or Note to Sec. 204. See note to Sec. 201. 63 container which shall have contained a deadly poison in like manner as is required with respect to the sale or delivery of the poison itself^ (R. L. Sec. 1053.) Sec. 207. LABEL "POISON" ON CONTAINERS. The box, phial, or other package in which any deadly poisons shall be sold or deliv- ered, shall bear a label containing the word "poison" in large letters, in both the English and Hawaiian languages, together with some em- blematic device, to be approved by the board of health, which shall indicate the dangerous character of the article. (R. L , Sec. 1054.) Sec. 208. RECORD OF PRESCRIPTIONS. Every licensed physician, druggist, or apothecary, who shall compound, sell or deliver any pre- scription containing any poisonous drug, or substance deleterious to human life, to be used as medicine, shall enter upon his books said prescription written out in full, with the date thereof, with his own name appended thereto, or the name of the physician who prescribed the same, and the person to whom the same was delivered; and no such prescription shall be compounded, sold or delivered, unless the name of the person compounding, selling or delivering the same, or the name of the physician prescribing the same, be appended to the prescription in full, and every such prescription shall be preserved; and said books and prescriptions shall be subject at all times to the inspection of the board of health or its agent. (R. L. Sec. 1055) Sec. 209. PENALTY. Any person violating the provisions of this chapter shall forfeit a sum not exceeding one thousand dollars for each offense. (R. L. Sec. 1056.) HOSPITALS. Sec. 210. ESTABLISHMENT. The superintendent of public works may establish a hospital on each of the islands of Oahu, Maui, Hawaii and Kauai, to be under the immediate supervision and control of the board of health, which may make rules and regulations for the govern- ment of such hospitals; which rules and regulations shall be published for general information. (R L. Sec. 1111.) Sec. 211. CHINESE HOSPITAL. The Minister of the Interior is hereby authorized to execute and deliver to the Board of Trustees of Note to Sec. 208. See King- vs. lluiium. 3 H. 462; King vs. Young Tang, 7 H. 49, 53. 64 the United Chinese Benevolent Society, a conveyance of a piece of land, situate in the District of Kona, Island of Oahu, belonging to the Republic of Hawaii, not to exceed in area two acres, for the considera- tion of one dollar. (R. L. p. 1271.) Sec 212. CONVEYANCE TO. Such conveyance shall contain the ■conditions, that the premises shall be used only for the uses and pur- poses of a Hospital and Home for the aged, sick, infirm and helpless Chinese residents in the Republic of Hawaii; that no intoxicating liquors or merchandise of any sort shall be sold on the premises; that no aid or pecuniary assistance shall be asked or demanded from the Republic of Hawaii; and that if the lot conveyed or any part of it shall at any time cease to be used for the purpose of a hospital and home for the aged, sick, infirm and helpless Chinese residents in the Republic of Hawaii, the whole of said lot and all improvements thereon shall forthwith to the Government. R. L. p. 1271.) Sec. 213. QUEEN'S HOSPITAL. Whenever the corporation known as the "Queen's Hospital," shall acquire funds or the evidence thereof, in money and property to the extent of five thousand dollars, and shall exhibit to the Minister of the Interior satisfactory proof of the same, the said Minister with the consent of the King may convey to said corporation any quantity of Fort or other Government lands and lots, or the proceeds of any such lands or lots, at his discretion, equivalent in value to said sum, to be used or held as may be deemed advisable for the proper uses and purposes of said corporation. (R L. p. 1265.) Sec. 214. INCORPORATION QUEEN'S HOSPITAL. It shall be competent for the Minister of the Interior, under the regulations prescribed by the general law in regard to corporations, to grant a perpetual charter to any of the inhabitants of the city of Honolulu applying for the same, being subjects or denizens of the kingdom, and to their successors, for the establishment of a hospital in said city, or the vicinity thereof, for the relief of sick and destitute Hawaiians. (R. L. p. 1291.) Sec. 215. NORTH KOHALA, HAWAII.. That the board of health shall establish a hospital at North Kohala, Island of Hawaii, to be known as the Kohala Hospital, which shall be under the supervision and control of the board of health. The hospital shall be maintained more especially for the benefit of indigent persons, but moderate and 65 reasonable payments may be required of patients who are able to pay the same.. That all moneys received from paying patients or otherwise shall be paid over to the board of health; provided, however, that such moneys shall be used as additional pecuniary support for the institution, whenever it shall be deemed necessary, and all such moneys so expended shall be accounted for to the board of health. (Act 36„ S. L. 1907.) Sec. 216. PROPERTY EXEMPT FROM TAXATION. The following property shall be exempt from taxation: real and personal property belonging to the Queen's Hospital, to the Kapiolani Maternity Home,, to the Leahi Home, to any other public hospital which maintains a free ward, the property of all hospitals exempt from taxation being limited to that actually in use for hospital purposes. (R. L. Sec. 1221, as amended by Act 141, S. L. 1909, and as amended by Act 140, S. Lu 1911.) INSANE ASYLUM. Sec. 217. INSANE ASYLUM AT HONOLULU. There shall be in Honolulu, at such place as the superintendent of public works shall direct, a suitable building for the reception of all insane persons, to be styled an insane asylum. (R. L., Sec. 1112;) Sec. 218. MANAGEMENT. The board of health shall have the man- agement and control of the insane asylum. (R. L # Sec. 1113.) Sec. 219. RECORD KEPT. The physician of the hospital shall keep Note to Sec. 215. See Act 166, S. L. 1911, p. 277, for appropriations out of loan fund; "Hospital at Popopiia Kona, $5000:" and, "Hospital, N. Kona, $5000." JVote to Sec. 217. For proceedure in criminal cases against insane persons, see fol- lowing' sections under this general title and also Act 149, S. L. 1911, and as to commitment Act 75, S. L. 1911, also R. L. Sec. 2857, on proceedure on indictment of person alleged to be insane, and R. L. Sec. 1648 giving circuit judge at chambers jurisdiction at chambers to impanel a special jury of inquiry of idiocy and lunacy, also R. L. Sec. 2876 on insanity at time of offense: on responsibility of insane person for crime, see R. L. Sees. 2709, 2710; on annulment of marriage for insanity and its effect, see R. L. Sees. 2218, 2223, 2224; insane person cannot vote or hold office, Org. Act Sec. 18; on statute of limitations as to insane persons, see R. L. Sees. 1979, 1991; on perpetuating testimony of insane persons, see R. L. Sec. 1929. Equity may appoint a trustee of insane person to execute deed of registered land, R. L. Sec. 2478. Insane person not to suffer capital punishment, R. L. Sec. 2881. Physicians may divulge privileged communications in cases where sanity is involved, Sec. 269. (R. L. Sec. 1953). 66 a register of the name, age, and sex of each person committed, and the dates of his admission, and discharge from the asylum. (R. L. Sec. 1114.) Sec. 220. INMATES' PROPERTY LIABLE FOR EXPENSE. The property of all persons committed to the said asylum shall be liable for the expenses attending their confinement; and the attorney general shall institute suits for the recovery of the same, when requested to do so by the board of health. (R. L. Sec. 1115.) Sec. 221. COMPLAINT. Any parent or relative of any person who is believed to be insane, or any sheriff or deputy sheriff of any county in this Territory may make complaint and cause the arrest and deten- tion of any person who is believed to be insane and whose being at large is dangerous to the safety of the community. (Sec. 1, Act 149, S. L. 1909.) Sec. 222. WARRANT. Such complaint shall be in writing and sworn to before any district magistrate in the district where such person may be or before the circuit judge of the circuit within which such district may be situated. Upon complaint being made as afore- said, such district magistrate or circuit judge shall forthwith issue a warrant for the arrest and detention of such alleged insane person directed to the sheriff or his deputy and commanding that such alleged insane person be arrested and brought before the district magistrate or circuit judge issuing such warrant at the time and place stated in such warrant. (Sec. 2, Act. 149, S. L. 1909.) Sec. 223. EXAMINATION WITHIN FORTY-EIGHT HOURS.. No alleged insane person shall be detained in custody under such warrant longer than forty-eight hours without an examination as in this act hereinbefore provided. (Sec. 3, Act 149, S. L. 1909.) Sec. 224. HEARING AND COMMITMENT. It shall be the duty of said district magistrate or circuit judge to examine all persons brought before them on said warrants as to their sanity. If it shall appear to the satisfaction of said district magistrate or circuit judge, after a full hearing at which the alleged insane person shall have the right to be heard personally or by counsel, and to produce, witnesses on his or her own behalf, that such person is insane and that it would be Note to Sec. 220. For other provision for payments by insane persons, see Sec. 229, (Sec. 8, Act 149, S. L. 1909, as amended by Act 75, S. L. 1911). 67 unsafe to allow him or her at large, the said district magistrate or circuit judge shall so certify in writing, together with a brief state- ment of the facts upon which his judgment is based, and shall cause such certificate to be sent to the chairman of the commissioners of insanity; and a copy thereof to the superintendent of the insane asylum, and shall issue a commitment under his hand authorizing and directing that such person be detained in the insane asylum until he or she shall become sane or shall be discharged as in this act pro- vided, and shall cause said commitment, together with said person, to be delivered to the superintendent of the insane asylum. (Sec. 4, Act. 149, S. L. 1909, as amended by Act 75, S. L. 1911.) Sec. 225. APPEAL. Said alleged insane person or the parent or relative of the same may appeal to the commissioners of insanity from said decision of said district magistrate or circuit judge by giving notice of said appeal within five days from the date of said decision and shall within ten days serve a copy of such notice on the chairman of the commissioners, and no costs shall be charged to the appellee or appellees. (Sec. 5, Act 149, S. L. 1909.) Sec. 226. COMMITMENT INSANE DEFENDANT. Whenever any person indicted for any crime shall be acquitted by reason of insanity or mental derangement the court before whom such trial has been had shall forthwith, without other or further proceedings, commit such person to the insane asylum, there to be confined as an insane person until discharged as in this act provided. (Sec. 2, Act 75, S. L. 1911.) Sec. 227. COMMISSIONERS OF INSANITY: APPOINTMENT: DUTIES. The governor shall nominate and by and with the advice and consent of the senate shall appoint three persons, two of whom shall be regularly licensed to practice medicine or surgery in the Territory, in the City and County of Honolulu, in the Territory of Note to Sec. 224. Held in In re Atcherly, 19 H. 346, that commitment to insane asylum by district magistrate was legal under former statute, R. L. Sec. 1116, (repealed by S. 15, Act 149, S. L. 1909, and new law enacted by that act as amended by Act 75, S. L. 1911), construed in connection with R. L. Sec. 1662. But see In re Atcherly, 19 H 535, upholding Act 149, that no appeal lies to a circuit court from decision of district magistrate ad- judging a person insane, that proceedure of Act 149 affords due pro- cess of law and that Act 149 supersedes all former laws on commitment and discharge as well as appeals to circuit courts or juries. See also In re Atcherly, 19 H. 576, and 647. Note to Sec. 225. See note to Sec. 224. 68 Hawaii, who shall be known as commissioners of insanity and who shall hold office for four years unless sooner removed for cause, and whose duties shall be to hear all cases brought before them on appeal by any person committed to the insane asylum for insanity, and to investigate and determine the sanity or insanity of those committed and to do and perform such other acts and duties as may be imposed upon or vested in them by the provisions of this act. (Sec. 6, Act 149, S. L. 1909.) Sec. 228. CHAIRMAN: OATH OF OFFICE. It shall be the duty of such commissioners within ten days after their appointment to meet together and elect one of their number to act as chairman and such chairman, when elected, shall cause public notice to be given in a newspaper published in Honolulu, in the Territory of Hawaii, that he has been duty elected chairman of the commissioners of insanity; and each of the said commissioners, before entering upon his duties shall take and subscribe the following oath: "I a Commissioner duly appointed to examine persons charged with being insane, do solemnly swear that I will well and faithfully and diligently inquire into the mental condition of all persons who shall be brought before me charged with insanity, and that I will well and faithfully discharge and perform all the duties of such commissioner. So help me God." Such oath when taken and subscribed shall be forwarded to the secretary of the Territory who shall file the same. (Sec. 7, Act 149, S. L. 1909.) Sec. 229. COMPENSATION COMMISSIONERS. Said commissioners shall each be entitled to receive the sum of five dollars for the exam- ination of every person made under the provisions of this act together with all other necessary expenses incurred by the commissioners in making such examination which said sum, in the event of an appeal Note to Sec. 227. For general provision as to appointment and removal of officers, see Org. Act Sec. 80. Held in In re Atcherly, 19 H. 535 creation board of commissioners of insanity under Act 149. S. L. 1909 not in violation with Org-. Act, Sec. 81. Note to See. 228. See Sec. 236, (Sec. 13, Act 149, S. L. 1909), and note to Sec. 217. Note to Sec. 229. Property of inmates liable for expense attending - confinement, Sec. 220. 69 heing sustained or of a person alleged to be insane being adjudged sane or if such alleged insane person is wholly unable to pay the same shall be a charge upon the county from which such person was committed, and the chairman of the commissioners shall send a memorandum of such costs and expenses to the clerk of such county, who shall submit the same to the board of supervisors who shall pro- vide for the payment of the same within sixty days after the same shall have been incurred. (Sec. 8, Act 149, S. L. 1909, as amended by Act 75, S. L. 1911.) Sec. 230. HEARINGS ON APPEAL. It shall be the duty of said commissioners to hear and determine all cases brought before them on appeal as herein provided. And upon such appeal the alleged insane person shall have the right to be represented by counsel and to produce witnesses on his own behalf. And if it shall appear to the satisfaction of a majority of said commissioners that said alleged in- sane person is sane they shall forthwith order his discharge, and if it shall appear to the satisfaction of a majority of said commissioners that such person is insane and that it is unsafe to allow him or her at large, said commissioners shall dismiss said appeal and remit said person to the custody of the superintendent of the insane asylum. (Sec. 9, Act 149, S. L. 1909.) Sec. 231. MAY ADMINISTER OATHS. Said commissioners shall have power to administer oaths, to punish for contempts, to grant adjournments, to subpoena and compel the attendance of witnesses and the production of books and papers, and generally to exercise the same authority with regard to their special jurisdiction as is by law conferred upon district magistrates. (Sec. 4, Act 75, S. L. 1911.) Sec. 232. RE-EXAMINATION: RELEASE. Any person committed to the insane asylum may upon application being made by a sheriff, deputy sheriff or by a relative of such person, and notice given to the superintendent of the insane asylum, or upon application by the super- intendent be examined by the commissioners as to his or her sanity and if a majority of said commissioners shall be satisfied that such person is of sound mind or is not dangerous to the public safety, they shall so certify to the superintendent of the asylum, and such person shall be forthwith released from custody. (Sec. 10, Act 149, S. L. 1909, as amended by Act 75, S. L. 1911.) Sec. 233. PAROLE. The commissioners may, under such restric- 70 tions and conditions and for such time as they may deem proper consistently with the safety of the public, permit any inmate of the insane asylum temporarily to leave said institution upon parole, in charge of his or her guardian, relatives, friends, or alone. In every such case, such person shall be subject always to recall by the com- missioners at any time, or may be returned to the asylum at any time by his or her guardian, or other person in whose care he or she may have been paroled. The original order of commitment of every such person shall remain in force and effect, except only as temporarily sus- pended by the terms of such parole, until such person shall be officially discharged. Upon any failure or refusal of any person so admitted to parole to conform to the terms of such parole, or to return to the asylum, upon the expiration of the period of parole, or to return upon recall by the commissioners at any time before he or she shall have been officially discharged from the asylum, it shall be the duty of any sheriff, deputy sheriff or police officer, upon the written direction of the commissioners of insanity or the chairman thereof, to forthwith arrest such person without other or further warrant or proceedings and return him or her to the custody of the superintendent of the insane asylum. Nothing in this section contained shall be construed to apply to the criminally insane or to persons against whom criminal proceedings may be pending, or who have been acquitted of any felony upon a plea of insanity. (Sec. 10 A, Act 149, S. L. 1909, as enacted by Act 75, S. L. 1911.) Sec. 234. RECORD OF HEARING. The chairman of the commis- sioners shall cause to be reduced to writing the substance of the evi- dence taken upon the examination of any person as herein provided and forward the same to the secretary of the Territory who shall file the same. (Sec. 11, Act 149, S. L., 1909.) Sec. 235. INSPECTION OF ASYLUM: REPORT. It shall be the duty of the commissioners or the chairman thereof to visit the insane asylum from time to time and to semi-annually submit a report to the governor of the condition of the same and the number of patients therein, and the superintendent or other person in charge of the asylum and the keepers thereof, and all other officials connected with said asylum are hereby required and directed to admit any commis- sioner appointed under this act at any hour of the day or night to said asylum, and to afford him every opportunity to make a thorough inspection and examination of said asylum and of any person detained therein. (Sec. 12, Act 149, S. L. 1909.) Sec. 236. INSANE DEFENDANT. If any person indicted for any crime shall be acquitted by reason of insanity or mental derangement and it shall appear to the satisfaction of the presiding judge at said trial that it is dangerous to the safety of the community for such person to be at large, he shall without further hearing commit such person to the insane asylum (Sec. 13, Act 149, S .L. 1909.) Sec. 237. COMMITMENT AND DISCHARGE ONLY UNDER THIS ACT. No person shall be committed to the insane asylum or be dis- charged therefrom except as herein provided. (Sec. 14, Act 149, S. L. 1909.) VITAL STATISTICS. Sec. 238. "BOARD," "REGISTRAR," DEFINED. Wherever in this chapter the word "board" is used, it shall refer to and mean the board of health of the Territory of Hawaii, unless the context shall indicate some other meaning. Wherever in this chapter the word "registrar" is used, it shall refer to and mean the registrar or registrars of births, deaths and marriages, who shall be appointed by the board of health under and by virtue of this chapter. (R. L. Sec. 1148.) Sec. 239. REGISTRAR'S APPOINTMENT, The board is directed to appoint a registrar of births, deaths and marriages in and for each judicial district in the Territory. The board may, in its discretion, subdivide any district, if the public convenience requires it, and ap- point a registrar for each of such subdivisions. (R. L. Sec. 1149.) Sec. 240. NO PAY WHEN. If any physician, sheriff, deputy sheriff, magistrate or assessor is appointed a registrar, it shall become a part of his official duties to perform the duties of registrar without further compensation. (R. L. Sec. 1150.) Sec. 241. RECORDS KEPT. It shall be the duty of each registrar to keep in proper books, used solely for such purpose, a full and com- plete record of all the births, deaths and marriages which take place in the district of which he is the registrar (R. L. Sec. 1151.) Note to Sec. 236. See Sec. 226, and note to Sec. 217. Note to See. 239. For judicial districts, see Act 84, S. L. 1909. 72 ■ Sec. 242. BIRTHS. Each registrar shall enter in said record, in respect of each birth occurring in his district, the following facts, so far as they can be ascertained by him, viz.: the name of the father, the name of the mother, the date of the birth, the sex of the child, the name of the child, if it has been named, the locality of its birth, and whether the child is legitimate or illegitimate. (R. L. Sec. 1152.) Sec > 243. MARRIAGES. Each registrar shall enter in said record, in respect of each marriage occurring in his district, the following facts, so far as they can be ascertained by him, viz.: the full name of each of the parties, the full name of the father and mother of each of the parties, the age of each of the parties, and the residence of each of the parties. (R. L. Sec. 1154.) Sec. 244. DEATHS. Each registrar shall enter in said record, in respect of each death occurring in his district, the following facts, so far as they can be ascertained by him, viz.: the name, sex, age, cause of death, nationality, last place of residence, and the locality of the death of the deceased, name of physician attending, if any. (R. h. Sec. 1153.) Sec. 245. RECORDS SENT TO BOARD. It shall be the duty of each registrar at the end of each month to transmit to the board the records of births, deaths and marriages made by him during said month in such form and manner and upon such blanks as the board may require. (R # L. Sec. 1155, as amended by Act 131, S. L. 1909.) Sec. 246. BOARD TO FURNISH BLANKS, ETC. The board shall cause all blanks and record books which may be necessary or proper for carrying out the objects of this chapter to be prepared, and shall furnish the same to the registrars and other officers in this chapter provided for, free of charge. (R. L. Sec. 1156 # ) Sec. 247. FILING RECORDS. It shall be the .duty of the secretary of the board to file the records of births, deaths and marriages re- ceived from the several registrars, and as soon as practicable bind the same in compact form in the manner hereinafter provided. The rec- ords of births, deaths and marriages, and the island and district in which they occurred, shall each be kept separately in chronological order. (R. L. Sec. 1157, as amended by Act. 131, S. L. 1909.) Sec. 248. OPEN TO INSPECTION. All. records by this chapter directed to be kept shall, during all business hours, be open to the inspection of the public. (R. L. Sec. 1158.) 73 Sec. 249. CERTIFIED COPIES, EVIDENCE. The secretary of the board shall furnish to any person applying for the same, a certified copy cf the record of any birth, death and marriage contained in any of the records kept under or by virtue of this chapter; such certified copy shall be competent evidence in any court of the fact therein con- tained, for which certified copy the sum of one dollar shall be charged and paid and accounted for to the treasury. (R. L. Sec. 1159.) Sec. 250. REGISTRAR TO INVESTIGATE, PROSECUTE. It shall be the duty of each registrar in and for his district not only to com- pile the information furnished to him by the persons who by this chapter are directed to furnish him with information, but himself to investigate and procure and record the information hereby directed to be recorded. It shall also be the duty of each registrar to prosecute or cause to be prosecuted any person who shall violate or fail to observe or perform any of the requirements of this chapter, or any of the rules and regulations made and published by the board under or by virtue of this chapter. (R. L. Sec. 1160.) Sec. 251. BIRTHS REPORTED BY PARENTS, PHYSICIANS. It shall be the duty of the father of each and every child born in the Territory of Hawaii; or if the father be absent from the country at the time of the birth, or not living, or if the child be illegitimate, then it shall be the duty of the mother of such child, within thirty days after the birth of such child, to notify the registrar of births, deaths and marriages of the district in which such birth takes place, of the date of birth, sex and name of such child, if named; the names of the parents of such child, whether it is legitimate or illegitimate, and the locality of the birth. It shall also be the duty of every physician who shall attend, or be called upon in connection with the birth of any child in the Territory of Hawaii, within thirty days after such birth, to report such birth and the other facts relating to such child in this section above set forth (R. L. Sec. 1161.) Note to Sec. 249. Certificate of record of marriage by minister performing" ceremony is prima facie evidence of marriage before court, R. L. Sec. 2214 as amended by Act 23, S. L. 1911. Chief clerk of treasury department to deliver certified copies to applicants, R. L. 2217. Certificates of Ha- waiian birth issued by secretary of territory prima facie evidence, Act 64, S. L. 1905, amended by Act 79, S. L. 1907, repealed by Act 15, S. L. 1909, but new law created by Act 96, S. L. 1911. Certificates of Hawaiian birth issued by U. S. Department of Commerce and Labor prima facie, Act 16, S. L. 1909. 74 Sec. 252. DEATHS REPORTED BY OWNERS, ETC., OF BUILDING. It shall be the duty of every owner of any building or premises in or upon which the death of any person shall take place in the Territory of Hawaii, to immediately report said death to the registrar of the district in which it took place, giving so far as he is able to do so the name, sex, age, cause of death, nationality, last place of residence of the deceased and the locality in which the death took place; or if the building or premises in or upon which said death takes place is leased or occupied by some one other than the owner thereof, then it shall b e the duty of the lessee or occupier of said building or premises to im- mediately report to the registrar all of the facts in this section herein- before set forth. (R. L. Sec. 1162.) Sec. 253. ALSO BY MINISTER, UNDERTAKER, ETC. It shall be the duty of every minister of religion who shall officiate at any burial of any deceased person, and of every undertaker or other person who attends to the burial of any deceased person, and of every hospital officer, health agent, and of every relative of any deceased person, to give to the registrar of the district in which such death has taken place all the information within their knowledge concerning any deceased person, if and whenever said registrar shall request the same. (R. L. Sec. 1163.) Sec. 254. MARRIAGES REPORTED BY MINISTER. It shall be the duty of every person legally authorized to perform the marriage cere- mony, who shall at any time perform the marriage ceremony to im- mediately report each such marriage to the registrar of the district in which such marriage takes place, and state to him the full names, the age, the residence, the nationality and the full name of each of the parents of each of the parties to such marriage. (R L. Sec. 1164.) Sec. 255. BY PERSON GRANTING LICENSE. It shall be the duty of every person legally authorized to grant licenses to marry, to im- mediately upon the issuing of any marriage license, report to the regis- trar of the district in which such marriage license is issued, the age, the residence, the nationality, and the full name of each of the -parents Note to Sec. 252. See Sees. 85, 86, (R. L. Sees. 1004, 1005 as amended by Act 125, S. L. 1911), as to duty of reporting 1 infectious diseases. Note to Sec. 255. For persons authorized to grant marriage licenses, see R. L. Sec. 2210, as amended by Act 11. S. L. 1905. 75 of each of the parties by such license authorized to marry, (it. L. Sec. 1165.) Sec. 256. REGULATIONS BY BOARD. The board shall have the full supervision of the carrying out of this chapter, and shall have the right to direct any or all of the registrars or other officers in this chapter provided for to keep other records and statistics than those in this chapter provided for; and shall also have the right and authority to make all rules and regulations which in the discretion of the board are necessary for more effectually securing the registration of full and accurate information concerning births, deaths and marriages. Such rules and regulations shall, after approval by the governor and pub- lication, have the force and effect of and shall be law. (R. L. Sec. 1166.) Sec. 257. PENALTY. Any person who shall violate or who shall fail to observe or perform any of the requirements of this chapter or any requirement of any rule or regulation made and published by the board under or by virtue of this chapter, shall, upon conviction of such violation or failure, be fined for such violation or failure a sum not to exceed fifty dollars. (R. L. Sec. 1167.) MEDICINE AND SURGERY. Sec. 258. LICENSE. No person shall practice medicine or surgery in the Territory of Hawaii either gratuitously or for pay, or shall offer to so practice, or shall advertise or announce himself, either publicly or privately, as prepared or qualified to so practice, or shall append the letters "Dr." to his or her name, with the intent thereby to imply that he or she is a practitioner of medicine or surgery, without having a valid unrevoked license, obtained from the treasurer of the Territory of Hawaii, in form and manner substantially as hereinafter set forth. Such license shall only be granted upon the written recommendation of the board of health, provided, however, that licenses to practice Note to Sec. 258. Prior to the enactment of this law both license and certificate from board of health were necessary; Su Ping Ying vs. Parke, 4 H. 9. Treasur- er cannot revoke licenses issued on recommendation of hoard of health upon report of board of medical examiners merely because of defect in the mode of appointment of board of medical examiners; Ninomiya vs. Treasurer, 15 H. 273. Annual fee to practice is invalid, Terr. vs. Mc. Donald, 17 H. 389. Physician as expert, Terr. vs. Watanabe, 16 H. 217. 76 osteopathy may be granted to graduates holding diplomas from any legally chartered and regularly conducted school or college of osteo- pathy, and further provided that a certificate to practice osteopathy has first been obtained from any State board of osteopathic examiners until such time as there is an osteopathic board of examiners appointed for the Territory of Hawaii. And provided further, that the practice of medicine as contemplated and set forth in this act shall not be construed to exclude the use of any method or means or any agent either tangible or intangible by any person licensed to practice osteo- pathy, for the treatment of disease in the human subject, provided that no person so licensed to practice osteopathy shall, by reason thereof, be authorized to administer drugs or medicine, or to perform any surgi- cal operation. Any person applying for a license to practice osteopathy shall first file with the treasurer a certified copy of such diploma and satisfactory evidence that the applicant is a fit and proper person to be so licensed to practice osteopathy, and file with the president of the board of health a certificate from the board of osteopathy exam- iners certifying that the applicant had passed the required examination and is entitled to practice osteopathy in that State. And further provided, that nothing herein contained shall apply to so-called Chris- tian Scientists so long as they merely practice the religious tenets of their church without pretending a knowledge of medicine or surgery; provided, that the laws and regulations relating to contagious diseases are not violated. (R L., Sec. 1068, as amended by Act 48, S. L., 1905, and Act 124, S. L. 1909.) Sec.259. PRACTICE OF MEDICINE DEFINED. For the purposes of this chapter the practice of medicine shall be held to include the use of drugs and medicines, water, electricity, hypnotism, or any means or method, or any agent, either tangible or intangible, for the treat- ment of disease in the human subject; provided, however, that nothing herein contained shall be held to forbid any person from the practice of any method, or the application of any remedial agent or Note to Sec. 259. For use of poisonous drugs and opium see Sees. 201-203, (R. L. Sees. 1399, 1401 and Sec. 1400 as amended by Act 33, S. L. 1905), also Sees. 204-209, (R. L. 1051-1056). For duties required by law of physicians see Sec. 21. (R. L. 999). Sec. 85, (R. L. Sec. 1004, amended by Sec. 1. Act 125, S. L. 1911): Sec. 136, (Sec. 9, Act 81, S. L. 1909): Sec. 251, (R. L. Sec. 1161), Sees. 287-289 (R. L. Chap. 91). See Raymond vs. Paia Plantation Co., 11 H. 459. 77 measure under the direction or with the approval of a licensed physi- cian and provided further, that when a duly licensed physician pro- nounces a person afflicted with any disease hopeless and beyond re- covery and shall give a written certificate to that effect to the person afflicted or his or her attendant nothing herein contained shall be held or construed to forbid any person from giving or furnishing any remedial agent or measure when so requested by or on behalf of such afflicted person. The provisions of this act shall not be construed to amend or repeal the law respecting leprosy or segregation. (R. L. Sec. 1069, as amended by Act 133, S. L. 1909.) Sec. 260. BOARD OF MEDICAL EXAMINERS. No person shall be recommended by the board of health for a license to practice medicine or surgery except upon the written report of a board of medical exam- iners, to be appointed and constituted as in this chapter provided, setting forth that the applicant named therein has been duly examined and found to be possessed of the necessary qualifications. (R. L. Sec. 1070.) Sec. 261. APPOINTMENT, REMOVAL, QUALIFICATIONS. For the purpose of carrying out the provisions of this chapter the governor is authorized and directed to appoint in the manner prescribed in section 80 of the Organic Act, a board of medical examiners, whose duty it shall be to examine all applicants for license to practice medicine or surgery, and to report the result of such examinations to the board of health. Such board of medical examiners shall consist of three persons, all of whom shall be licensed physicians or surgeons under the laws of this Territory. The appointments, unless to fill out unexpired terms, shall be for three years, subject, however, to removal by the governor in the manner prescribed in section 80 of the Organic Act. The members of the board of medical examiners shall serve without pay. (R. L. Sec. 1071.) Sec. 262. FEE ON APPLICATION. No applicant for a license to practice medicine or surgery shall be examined, until he shall have paid to the treasurer a fee of ten dollars. (R. L. Sec. 1072.) Sec. 263. FORM OF LICENSE.. The form of license to practice medicine and surgery shall be substantially as follows: 78 Territory of Hawaii, Department of the Treasury. License to Practice Medicine and Surgery # a native of aged years, having been duly examined by the board of medical examiners, and having been recom- mended by the board of health as possessed of the necessary qualifica- tions, is hereby licensed to practice medicine and surgery in the Terri- tory of Hawaii. This license is granted and accepted on the express condition that it may be revoked at any time for professional misconduct, gross care- lessness or manifest incapacity; such misconduct, carelessness or in- capacity, having been proven to the satisfaction of the board of health, and by that body reported to the treasurer. Given under my hand and the seal of the department of the treasury this day of , A. D (Signed) Treasurer. (R. L. Sec. 1073.) Sec. 264. PENALTY. Any person who shall practice medicine or surgery in the Territory of Hawaii, or who shall offer or attempt to so practice, or shall advertise or announce himself, either publicly or privately, as prepared or qualified to so practice, contrary to the pro- visions of section 258, (R. L. Sec. 1068), shall be guilty of a misde- meanor, and shall be liable on conviction to a fine of not more than two hundred and fifty dollars, in the discretion of the court. (R. L. Sec. 1074.) Sec. 265. REVOCATION OF LICENSE. Licenses to practice medi- cine and surgery may be revoked by the treasurer at any time for pro- fessional misconduct, gross carelessness or manifest incapacity; such misconduct, carelessness or incapacity, having been proven to the satis- faction of the board of health, and by that body reported in writing to said treasurer. In case any license is revoked for any of the causes named in this section, the holder thereof shall be immediately notified of such revocation in writing by the treasurer. (R. L. Sec. 1075.) Sec. 266. NOTICE, HEARING. In case of an alleged misconduct, Note to Sec. 264. Evidence held sufficient to warrant conviction; King vs. Waahia, 3 H. 391. 79 carelessness or incapacity on the part of any holder of a license to practice medicine or surgery, the person so charged shall be notified in writing of the charge or charges that have been made, and of the time and place when and where evidence in support of the same will be heard, and shall have the opportunity to present evidence and be heard in his own defense. (R. L. Sec. 1076.) Sec. 267. SORCERY, ETC. PENALTY. Any person who shall at- tempt the cure of another by practice of sorcery, witchcraft, anaana, hoopiopio, hoounauna, hoomanamana, or other superstitious or deceit- ful methods, shall, upon conviction thereof, be fined in a sum not less than one hundred dollars, nor more than two hundred dollars, or be imprisoned not to exceed six months. (R. L., Sec. 1077, as amended by Act 33, S. L. 1905.) Sec. 268. PHYSICIANS, EXECUTION EXEMPT. The following de- scribed personal property shall be exempt from attachment, execution, distress and forced sale of every nature and description: Two horses and harness, one vehicle or one automobile or motocycle, used by a physician, or surgeon, in the practice of his business or profession. (R. L. Sec. 1831, Par. 4, as amended by Sec. 1, Act 39, S. L. l&ll. v > Sec. 269 # PHYSICIANS, SURGEONS— PRIVILEGED COMMUNICA- TIONS TO. No physician or surgeon shall, without the consent of his patient divulge in any civil suit, action or proceeding, (unless the sanity of the patient be the matter in dispute) any information which he may have acquired in attending the patient and which was neces- sary to enable him to prescribe or act for the patient. (R. L. Sec. 1953.) DENTISTRY. Sec. 270. DENTISTS DEFINED. All persons shall be held to be practicing dentistry within the meaning of this chapter who shall charge a fee or salary or other reward, to be paid either to him or to Note to Sec. 267. On anaana, see R. L. Sec. 3195, disorderly persons and vagrants. Note to Sec. 269. See King-ham vs. Rapid Transit Co., 17 H. 557. Note to Sec. 270. Licensed dentists may compound their own prescriptions, see Sec. 287, see Sec. 287, (R. L. 1095). 80 some other person, for operations or parts of operations of any kind in the treatment of diseases or lesions of the human teeth or jaws, or extracting teeth, or in the correction of malformation thereof; PROVIDED, that nothing in this chapter shall apply to regularly licensed physicians or surgeons in extracting teeth or performing- surgical operations. (R. L, Sec. 1078.) Sec. 271. WHO LICENSED TO PRACTICE. The following per- sons shall be deemed licensed to practice dentistry in this Territory: 1. Those on April 25, 1903, duly licensed and registered as den- tists, pursuant to the laws of the Territory of Hawaii, and 2. Those duly licensed and registered as dentists, pursuant to the provisions of this chapter. (R. L. Sec. 1079.) Sec. 272. BOARD OF EXAMINERS. APPOINTMENT, TENURE. There shall be appointed a board of dental examiners which shall consist of three practicing dentists, who shall have been engaged in the continuous practice of dentistry in the Territory of Hawaii for a period of three years preceding their several appointments. The members of such board shall be appointed by the governor in the manner prescribed in section 80 of the Organic Act. The term for which the members of said board shall hold office shall be three years. (R. L. Sec. 1080.) Sec. 273. OFFICERS, MEETINGS, QUORUM. The board shall, at its first meeting, elect one of its members president, and one secretary and treasurer thereof, and the board shall meet in July of each year, and at such other times as shall be necessary, due notice of the times and places of which meetings shall be given by publication in some newspapers of general circulation in the Terri- tory. A majority of the board shall constitute a quorum. (R. L. Sec. 1081.) Sec. 274. EXPENSES. All expenses of the board shall be paid from the fees received by the board under the provisions of this chapter, and no salary or other expenses shall be paid out of the treasury of the Territory, and all moneys received by the board shall be held by the treasurer thereof as a special fund for meeting the expenses of the board. (R. L. Sec. 1082.) Sec. 275. REPORT. The secretary of the board shall make a report of its proceedings to the governor of the Territory, with an account of all moneys received and expended by the board, on or 81 before the fifteenth day of January of each year. (R. L., Sec. 1083.) Sec. 276. LICENSES. ISSUED ON EXAMINATION, WHEN; FEE. Any person twenty-one years of age and of good moral char- acter, who has graduated at, and holds a diploma from a reputable college, and who desires to practice dentistry in this Territory, shall file his or her application with, and pay to the secretary of the board a fee of twenty dollars which in no case shall be refunded, and present himself or herself for examination at the first meeting of the board after such application, and upon passing an examina- tion satisfactorily to the board, his or her name, age, nationality, location and number of years of practice shall be entered in a book kept for that purpose, and a certificate of license to practice shall be issued to such person. (R. L. Sec. 1084.) Sec. 277. WITHOUT EXAMINATION, WHEN; FEE. Every per- son engaged in the practice of dentistry, or dental surgery, within the Territory on April 25, 1903, shall cause his or her name, resi- dence and place of business to be registered with said board, and pay a fee of one dollar, upon the payment of which the board shall issue to such person a certificate of license, duly signed and sealed. (R. L. Sec. 1085.) Sec. 278. CERTIFICATE, EVIDENCE. All certificates of license issued by the board shall be signed by each member thereof, sealed and attested by the secretary, and shall be presumptive evidence of the right of the holder to practice dentistry in this Territory; and no person, association, or company, whether incorporated or not, shall practice dentistry within this Territory without first having procured such a certificate, except as hereinbefore provided. Any person, association or company practicing dentistry within this Ter- ritory and not having at the time a valid and uncanceled license shall be guilty of a failure to comply with the provisions of this chapter, and upon conviction thereof, shall be punished as hereafter in this chapter provided. (R. L. Sec. 1086.) Sec. 279 . NAMES, ETC., TO BE DISPLAYED. Every association or company of persons, whether incorporated or not, engaged in the practice of dentistry under the name of company, association or other title, shall cause to be displayed and kept in a conspicuous place at the entrance to its place of business the names of each and every person employed by said association in the practice of dentistry; 82 and every person so employed by any association or company shall cause his or her name to be so displayed. Any person employed by such company or association whose name shall not be displayed as above provided shall be guilty of a failure to comply with the provisions of this chapter, and, upon conviction thereof, shall be punished as hereafter in this chapter provided; and the company or association, if incorporated, or the persons comprising the same, if not incorporated, shall, for failure to display the aforesaid names, be guilty of a failure to comply with the provisions of this chapter, and upon conviction thereof, shall be punished as hereafter in this chapter provided. (R. L. Sec. 1087.) Sec. 280. DUTY TO FURNISH NAMES, ETC. It shall be the duty of every person, company or association practicing dentistry in this Territory, upon demand in writing by the secretary of the board, to furnish within fifteen days after such demand, to the board, through its secretary, a true statement of the name and address of each and every person practicing dentistry or assisting in the prac- tice thereof, in the office of said person, company or association, together with a statement showing under what license or authority the said person, company or association is practicing; and any per- son, company or association failing so to do, or making any false statement concerning or touching anything covered by this section shall be guilty of a failure to comply with the provisions of this chapter, and upon conviction thereof, shall be punished as hereafter in this chapter provided. (R. L. Sec. 1088.) Sec. 281. LICENSE CANCELED WHEN. If any dentist shall be guilty of gross negligence, indecent conduct towards patients or any such professional misbehavior as shows unfitness on the part of the dentist to practice, he or she shall be guilty of a misdemeanor and upon presentation to the board by three or more persons of such facts, certified, the license of such dentist shall be canceled and such fact shall be noted on the record of license. Any person whose license shall be so canceled shall be deemed an unlicensed person within the meaning of this chapter. (R. L. Sc. 1089.) Sec. 282. USING ASSUMED DEGREES PROHIBITED. Nothing in the provisions of this chapter shall be construed to permit the per- formance of dental operations by an unlicensed person under cover 83 of the name of a registered and licensed practitioner, and no person shall practice dentistry under an assumed name, title or degree. Any person practicing dentistry under a false or assumed name, or who shall assume the degree of "Doctor of Dental Surgery" or "Doc- tor of Dental Medicine" or shall append the letters "D. D. S.," or "D. M. D.," to his or her name, the same not having been duly con- ferred on him or her by some college or school legally empowered to confer the same; or shall assume any title or append any letters to his or her name with intent to represent falsely that he or she has received a dental degree or license, shall be guilty of a failure to comply with the provisions of this chapter and, upon conviction thereof, shall be punished as hereafter in this chapter provided. (R. L. Sec. 1090.) Sec. 283. PRACTICING FOR ADVERTISING PURPOSES, PEN- ALTY. Any person who shall extract teeth or perform any other operation pertaining to dentistry for the purpose of advertising, ex- hibiting or selling any medicine, instrument or business of any de- scription, whether the extraction or operation be for pay or not, shall be guilty of a misdemeanor, and, upon conviction thereof in any court of the Territory, shall be fined in a sum not more than two hundred dollars. (R. L. Sec. 1091.) Sec. 284. CONVICTION FOR FELONY, EFFECT. Upon presen- tation to the board of a certified copy of a court of record showing that a practitioner of dentistry has been convicted of a felony, that fact shall be noted on the record of licenses, and shall be marked "canceled." Any person whose license shall be so canceled shall be deemed an unlicensed person, and as such shall be subject to the penalties prescribed for other unlicensed persons who practice den- tistry in this Territory. (R L., Sec. 1092.) Sec. 285. VIOLATING PROVISIONS; PENALTY. Any person, company or association who shall fail to comply with each and every provision of this chapter, penalty for the violation of which is not otherwise provided, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars. (R. L. Sec. 1093.) Sec. 286. PROSECUTING OFFICERS, DUTY. It shall be the duty of the several prosecuting officers of the Territory to institute, on 84 notice from any member of the board, prosecutions for offenses under this chapter. (R. L., Sec. 1094.) PHARMACY. Sec. 287. LICENSE REQUIRED. It shall be unlawful for any person not licensed as a pharmacist within the meaning of this chapter to conduct or manage any pharmacy, drug or chemical store, apothecary shop, or other place of business for the retailing, com- pounding or dispensing of any drugs, chemicals or poisons, or for any person not licensed as a pharmacist or assistant pharmacist within the meaning of this chapter to compound, dispense or sell at retail any drug, chemical or poison upon the prescription of a physician, or otherwise, or to compound physicians' prescriptions, except as an aid to or under the immediate supervision of a person licensed as a pharmacist under this chapter. And it shall be unlawful for any owner or manager of a pharmacy, or drug store, or other place of business, to cause or permit any other than a person licensed as a pharmacist or assistant pharmacist to compound, dispense or sell, at retail, any drug, medicine or poison, except as an aid to or under the immediate supervision of a person licensed as a pharmacist or assistant pharmacist, or a duly lioensed physician; (PROVIDED 1 , that nothing in this section shall be construed to interfere with any legally licensed practitioner of medicine or dentistry in the com- pounding of his own prescriptions, or to prevent him from supply- ing to his patients such medicine as he may deem proper, nor with the selling of non-poisonous domestic remedies, nor with the selling of patent or proprietary preparations which do not contain poisonous ingredients. (R. L. Sec. 1095.) Sec. 288. PENALTY. Whoever, not being licensed as a pharma- cist, shall conduct or manage any pharmacy, drug or chemical store, apothecary shop, or other place of business for the retailing, com- pounding or dispensing of drugs, chemicals or poisons, or who, being the owner or manager of a pharmacy, drug or chemical store, apothecary shop, or other place of business, shall cause or permit Note to Sec. 287. For poisonous drugs, see note to Sec. 259. Chemist as expert, Terr. Hawaii vs. Watanabe, 16 H. 216. 85 any one not licensed as a pharmacist or assistant pharmacist to compound, dispense or sell at retail any drug, medicine or poison except as an aid to or mder the immediate supervision of a duly licensed pharmacist, assistant pharmacist or physician contrary to section 287 (R. L. Sec. 1095), shall be deemed guilty of a misde- meanor, and on conviction thereof shall be fined not more than five hundred dollars, or be imprisoned for not more than three months; but nothing in this section shall prevent any licensed mer- chant from selling proprietary remedies. (R. L. Sec. 1096.) Sec. 289. SAME. Whoever, not being licensed as a pharmacist or assistant pharmacist, shall compound, dispense or sell at retail any drug, chemical or poison, upon any physician's prescription or otherwise, or shall compound any physician's prescription except as an aid to or under the immediate supervision of a person licensed as a pharmacist under this chapter contrary to the provisions of section 287 (R. L. Sec. 1095) shall be deemed guilty of a misde- meanor, and on conviction thereof shall be fined not more than two hundred and fifty dollars or be imprisoned not ;m{ore than two months. (R. L. Sec. 1097.) Sec. 290. BOARD, APPOINTMENT, REMOVAL. There shall be appointed by the governor in the manner provided in section 80 of the Organic Act, a board of pharmacy, which shall consist of three members, namely, one physician and two pharmacists, who shall hold office for two years, except in case of appointments made to fill out unexpired terms. The members of such board shall be subject, however, to removal by the governor, in the manner pro- vided in section 80 of the Organic Act, and they shall serve without pay. (R. L. Sec. 1098.) Sec. 291. MEETINGS. The board shall hold at least two meet- ings in each year and such additional meetings as may be necessary for the examination of applicants for licenses under this chapter. All such meetings shall be held in Honolulu. (R. L. Sec. 1099.) Sec. 292. APPLICATION, FEE. Every person who shall desire to be licensed as a pharmacist or assistant pharmacist shall file with the treasurer of the Territory a written application, fully verified by oath, setting forth the name and age of the applicant, the place 86 or places at which, and the time spent by the applicant in the study of the science and art of pharmacy, and the experience in the com- pounding of physicians' prescriptions which the applicant has had under the direction of a legally licensed pharmacist. Such appli- cant shall also pay to the treasurer a fee of ten dollars at the time of filing his application. (It. L. Sec. 1100.) Sec. 293. COPY FORWARDED TO BOARD. Upon the receipt of such application and fee the treasurer shall forward to the board of pharmacy a copy of the application and shall direct the board to examine the applicant. (R. L. Sec. 1101.) Sec. 294. EXAMINATIONS. The board shall, at the written re- quest of the treasurer of the Territory, examine in open meeting every applicant for a license as pharmacist or assistant pharmacist who shall have made application for such license and paid the fee as in this chapter required. (R. L. Sec. 1102.) Sec. 295. QUALIFICATIONS OF APPLICANTS. In order to be licensed as a pharmacist under this chapter an applicant shall not be less than 21 years of age and he shall present to the board satis- factory evidence that he is a graduate of a reputable school or col- lege of pharmacy or that he has had four years' experience in phar- macy and shall also pass a satisfactory examination before the board. In order to be licensed as an assistant pharmacist within the meaning of this chapter an applicant shall not be less than 18 years of age and shall have had not less than two years' experience in pharmacy under the instruction of a licensed pharmacist, and shall pass a satisfactory examination before the board. PROVIDED, however, that in the case of an applicant who has attended school or college of pharmacy the actual time of attendance at such school or college of pharmacy may be deducted from the time of experience required of an assistant pharmacist, but in no case shall less than two years' experience be required for registration as a licensed pharmacist. PROVIDED, further, that any person who has not less than two years' actual experience in compounding drugs, chemicals or poisons, or in conducting or managing a pharmacy, drug or chemical store, apothecary shop or other place of business for re- 87 tailing, compounding or dispensing of drugs, chemicals or poisons in this Territory immediately prior to April 28, 1903, shall be entitled to apply for and receive a license as a pharmacist upon payment of the fee in this chapter provided without examination or recommen- dation by the board. (R. L. Sec. 1103, as amended by Act 125, S. L. 1909.) Sec. 296. FAVORABLE RECOMMENDATION. The board may recommend the issuance of licenses to practice as pharmacists or assistant pharmacists, without examination, to such persons as have been legally registered or licensed as pharmacists or assistant phar- macists in any State or Territory, PROVIDED, that the applicant shall present satisfactory evidence of the same qualifications as are required from licentiates under this chapter, and that he was regis- tered or licensed by examination in such State or Territory and that the standard of competence required in such State or Territory is not lower than that required in this Territory; PROVIDED, also that the board is satisfied that the laws of such State or Territory accord similar recognition to the licentiates of this Territory. (R. L. Sec. 1104.) Sec. 297. UNFAVORABLE RECOMMENDATION. The board shall refuse to recommend the issuance of a license to any applicant who has been convicted of felony, or who is addicted to the use of alcoholic liquors or narcotic drugs to such an extent as to render him unfit to practice pharmacy or who fails to pass a satisfactory examination, or whose license has previously been revoked by the treasurer. (R. L, Sec. 1105.) Sec. 298. REPORT TO TREASURER. As soon as practicable after the examination of any such applicant the board shall report in writing to the treasurer giving the result of the examination, and stating whether the applicant has complied with the requirements set forth in sections 295 and 297, (R. L. Sees. 1103 and 1105), of this chapter, together with its recommendation. It shall be the duty of the board to recommend the issuance of the license applied for in all cases where the applicant has met the requirements of said sections (R. L. Sec. 1106.) Sec. 299. LICENSE ISSUED WHEN. If the board shall recom- mend the issuance of a license to the applicant the treasurer shall forthwith issue the same, but except as in this chapter provided, no license to practice pharmacy shall be issued except upon such, recom- mendation. (R. L. Sec. 1107.) Sec. 300. AUTHORITY UNDER. Such license, when issued, shall authorize the licensee to practice as a pharmacist or as an assistant pharmacist (as the case may be), in any part of the Territory so long as the license remains unrevoked. (R. L., Sec. 1108.) Sec. 301. REVOCATION. The treasurer may revoke any license issued under the provisions of this chapter upon proof to his satis- faction of alleged professional misconduct, gross carelessness or manifest incapacity on the part of the license; PROVIDED, how- ever, that no such license shall be revoked except upon due notice to the licensee of the charge against him and an opportunity to be heard in defense. The action of the treasurer shall be final and not subject to appeal or review. (R. L. Sec. 1109.) Sec. 302. LAW AS TO POISONOUS DRUGS NOT AFFECTED HEREBY. Nothing in this chapter contained shall be construed to repeal or conflict with any law requiring the payment of a license fee for the sale of poisonous drugs. (R. L. Sec. 1110.) VETERINARY PRACTICE. Sec. 303. LICENSE REQUIRED: EXCEPT WHEN. No person shall practice veterinary medicine, surgery or dentistry in the Ter- ritory of Hawaii, either gratuitously or for pay, or shall offer to so practice, or shall advertise or announce himself publicly or privately, as prepared or qualified to so practice, without having first obtained from the treasurer, under the seal of his department, a license In form and style substantially as in this chapter set forth. PRO- VIDED, however, that nothing in this act shall be construed to prevent the medical, surgical or dental treatment of stock by the owners or the regular employees of owners, or by neighbors who do not assume to be practitioners of veterinary medicine, surgery or Note to Sec. 302. For poisonous drugs, see note to Sec. 259. 89 dentistry, or by members of the medical profession, in case of emer- gency, and PROVIDED, further, that this act shall not apply to commissioned veterinary surgeons of the United States Army. (Sec. 1, Act 71, S. L. 1911.) Sec. 304. EXAMINATION REQUIRED. No applicant shall be given such a license by the treasurer except upon the written report of the board of veterinary examiners, to be appointed and constituted as in this act provided, setting forth that the applicant named has been duly examined and found to be possessed of the necessary qualifications. (Sec. 2, Act 71, S. L. 1911.) Sec. 305. BOARD OF VETERINARY EXAMINERS. For the pur- pose of carrying out the provisions of this act the governor is author- 80 of the Organic Act, a board of veterinary examiners, whose duty ized and directed to appoint, in the manner prescribed in section it shall be to examine all applicants for license to practice veteri- nary medicine, surgery and dentistry and to report the result of such examination to the Treasurer. Such board of veterinary examiners shall consist of three (3) persons, all of whom shall be licensed veterinaries under the laws of the Territory. The appoint- ments, unless to fill an unexpired term, shall be for three (3) years, subject, however, to removal by the governor in the manner pre- scribed in section 80 of the Organic Act. The members of the board of veterinary examiners shall serve without pay. The treasurer is authorized and directed to issue licenses to the members of the board of veterinary examiners as first constituted, notwithstanding the provisions of this act. (Sec. 3, Act 71, S. L. 1911.) Sec. 306. EXAMINATION FEE. No applicant for a license to practice veterinary medicine, surgery and dentistry shall be exam- ined unless he shall have paid to the treasury a fee of ten dollars (JplO.OO). (Sec. 4, Act 71, S. L. 1911.') Sec 307. FORM OF LICENSE. The form of license to practice veterinary medicine, surgery and dentistry shall be substantially as follows : Note to Sec. 303. Former statute (Act 40. S. L. 1905) on this subject declared uncon- stitutional in Territory vs. Pottie, 19 H. 99, on the ground of being ap- plicable only to towns and suburbs with a population of over 5000 in- habitants. 90 TERRITORY OF HAWAII, DEPARTMENT OF THE TREASURY. LICENSE TO PRACTICE VETERINARY MEDICINE, SURGERY AND DENTISTRY. a native of age years, having been duly examined by the Board of Vet- erinary Examiners, and having been recommended by them as pos- sessed of the necessary qualifications, is hereby licensed to practice veterinary medicine, surgery and dentistry in the Territory of Hawaii. This license is granted and accepted on the express condition that it may be revoked at any time for professional misconduct, gross carelessness or manifest incapacity; such misconduct, gross care lessness or manifest incapacity having been proven to the satisfac- tion of the Board of Veterinary Examiners and by that body reported to the Treasurer. Given under my hand and seal of the Department of the Treasury, this day of , A. D Treasurer. (Sec. 5, Act 7.1, S. L., 1911.) Sec. 308. PENALTY. Any person who shall practice veterinary medicine, surgery or dentistry in the Territory of Hawaii, or who shall offer or attempt to so practice, or shall advertise or announce himself either publicly or privately as prepared or qualified to so practice, contrary to the provisions of section 303 (Sec. 1, Act 71, S. L., 1911), shall be guilty of a misdemeanor and shall be liable, on conviction, to a fine of not more than two hundred and fifty dollars ($250.00) in the discretion of the court. (Sec. 6, Act 71, S. L., 1911.) Sec. 309. REVOCATION OF LICENSE. Licenses to practice vet- erinary medicine, surgery and dentistry may be revoked by the treasurer at any time for professional misconduct, gross carelessness or manifest incapacity having been proven to the satisfaction of the board of veterinary examiners, and by that body reported, in writ- ing, to the treasurer. In case any license is revoked for any of the causes named in this section, the holder thereof shall be duly notified of such revocation, in writing, by the treasurer. (Sec. 7, Act. 71, S. L. 1911.) 91 Sec. 310. HEARINGS OF CASES OF MISCONDUCT, ETC. In case of an alleged misconduct, carelessness or incapacity on the part of any holder of a license to practice veterinary medicine, surgery and dentistry, the person so charged shall be notified, in writing, of the charge or charges that have been made and of the time and place when and where evidence in support of the same will be heard, and shall have the opportunity to present evidence and be heard in his own defense. (Sec. 8, Act 71, S. L. 1911.) BARBERS. Sec. 311. The board of health of the Territory of Hawaii shall have within its discretion power to prescribe rules and regulations for establishing sanitary conditions under which the business of barbers and hairdressers may be carried on. (Act 70, S. L. 1907.) Sec. 312. Any person or persons violating any rules or regulations authorized by section 311 (Act 70, S. L. 1907), of this act shall, upon conviction thereof, be fined not less than ten dollars nor more than twenty-five dollars. (Act 70, S. L. 1907.) MISCELLANEOUS LAWS. Sec. 313. PRESIDENT, TO FURNISH BOND. The president of the board of health, before entering upon the duties of his office, shall be required to furnish a bond to the secretary of Hawaii in the amount required by law, and conditioned for the faithful perform- ance of his official duties. There shall be at least two sureties on such bond who shall be examined on oath by the governor as to his qualification and sufficiency. No bond shall be approved unless each of the sureties is a resident and freeholder within the Territory, and unless all the sureties thereon (in the aggregate) are worth in real property situate in the Territory the amount of such bond over and above all sums for which such sureties are liable. Provided, how- ever, that a corporation organized for the purpose of becoming surety on such bond authorized under the laws of the United States to act as surety, and doing business in the Territory under the provisions of the laws of the United States and of the Territory may be accepted as surety on such bond in lieu of the personal sureties hereinbefore 92 required whenever in the opinion of the officer whose duty it is to approve such bond the rights of all parties in interest will thereby be fully protected. (Act 100, S. L. 1905, as amended by Act 114, S. L. 1907, and Act 17, S. L. 1909.) Sec. 314. PRESIDENT, ABSENCE OF. The president of the board of health may, with the approval of the governor, designate some other officer in his department, to act in his temporary absence or illness. Such designation shall be in writing and shall be filed in the office of the secretary of the Territory. PROVIDED, however, that the president shall be responsible and liable on his official bond for all acts done or performed by the person designated to act in his absence as herein prescribed. (Act 21, S. L. 1909.) Sec. 315. BONDS, EMPLOYEES. . The president of the board of heath may require bonds from the deputies, clerks, assistants, offi- cers and employees, of the board in such amounts as he may deem necessary and in the form prescribed by law. (Act 100, S. L., 1905, Sec. 6, as amended by Act 114, S. L. 1907, and Act 17, S. L. 1909.) Sec. 316. OFFICERS, EMPLOYEES TO BE CITIZENS. All offi- cers, deputies, clerks, assistants, interpreters, police, laborers and other persons employed in the services of the government of the Territory of Hawaii, or in the service of any county or municipal sub-division of said Territory, shall be citizens or eligible to become citizens of the United States of America; except that in cases where it is not reasonably practicable to obtain sufficient citizens competent for such service, persons other than citizens may be employed. (Act 32, S. L. 1909, Sec. 1.) Sec. 317. OFFICE HOURS. The several offices of the Territorial government shall, except as otherwise directed or permitted by the respective chiefs or heads thereof, with the approval of the governor, be open for public business on business days from 8:30 o'clock in the morning to 4:30 o'clock in the afternoon, excepting on Saturdays, when they may close at noon, and all officers and employees of any such office shall be therein for the transaction of public business dur- ing such hours, excepting when the performance of their official duties requires their presence elsewhere or when excused by the chief or head of the office; provided, that the one hour at noon for luncheon allowed each employee shall be considered as an hour dur- 93 ing which actual service is performed. Any officer or employee who shall violate any of the foregoing provisions may be dismissed from his office or employment by such chief or head or by the governor. (Joint Resolution, No. 3, S. L. 1909.) Sec. 318. PRISON, SANITATION OF. The high sheriff shall cause each prison to be kept in a clean and healthy condition, and the wnole interior thereof shall be thoroughly whitewashed with lime once in every three months. (R. L. Sec. 1582.) Sec. 319. PUBLIC MARKETS, SANITATION OF. It shall be the duty of every clerk of a market to cause all dirt and filth which may accumulate in said market to be removed daily, and in all other re- spects to keep said market in a pure, clean and healthy condition. To enable him to do this he shall have the power to prescribe such rules and regulations for the observance of those occupying stalls and stands in the market as may be necessary to keep the same pure and clean, and as the superintendent of public works may approve. (R. L. Sec. 2680.) Sec. 320. CLOSED SEASON AMAAMA: SEIZURE BY INSPEC- TOR. Any and all amaama which shall be exposed or offered for sale or held in possession with the intent of exposing or offering the same for sale, contrary to the provisions of Act. 110, S. L. 1911, shall be seized by any officer of the board of health or any public officer, and shall be by him forthwith sold, (if fit for food), and the proceeds of such sale shall be reported to the district court having jurisdiction of such offense, and if said court shall find that such seizure and sale was justified under this act, such said pro- ceeds shall be adjudged forfeited to the county in which such court is located, and shall be paid over to the county treasurer thereof, in like manner as fines and costs realized in such district court are now authorized to be paid; but if such court shall find such seizure and sale to have been unjustified under this act, such proceeds shall be paid over to any claimant thereof who shall establish his right thereto before such district court. (Act 110, Sec. 3, S. L. 1911.) Note to Sec. 318. This sec. applies to territorial prisons. County jails are under the jurisdiction of county sheriffs. Note to Sec. 319. This sec. applies to public markets erected under the provisions of R. L. Chap. 165 and not to private markets. The chapter is inoperative in the absence of a market so erected. 94 Sec. 321. CORONER'S INQUEST. As soon as any coroner shall have notice of the death of any person within his jurisdiction, sup- posed to have come to such death by poisoning, violence, or in any suspicious manner, he shall forthwith issue his summons to six good and lawful men of the district where such death may have occurred, or in which the dead body may have been found or is at the time lying, to appear before him at the time and place expressed in the warrant, and there to inquire upon the view of the body of the de- ceased, when, how, and by what means he came to his death. In all cases of sudden death the coroner shall inquire into the cause, and in his discretion may cause an inquest to be held even if he is not satisfied that there are suspicious circumstances attending the death. (R. L. Sec. 2737, as amended by Act 61, S. L. 1907.) Sec. 322. DEAD BODIES: BURIAL OF. When any coroner shall take an inquest upon the dead body of a stranger, or, being called for that purpose, shall not think it necessary on view of such body, that any inquest should be taken, he shall cause the body to be decently buried. (R. L. Sec. 2474.) Sec. 323. EXPENDITURE OF PUBLIC MONEY. No expendituie of public money, except for salaries or pay of officers or employees, or for permanent settlements, subsidies or other claims or objects for which a fixed sum or sums must be paid by law, or for other pur- poses which do not admit of competition, where the sum to be ex- pended shall be one thousand dollars ($1,000.00) or more, shall be made, except under contract let after public advertisement for sealed tenders, in the manner provided by law; and no expenditure for public purposes shall be so divided or parcelled as to defeat or evade the provisions of this section. And provided further, that nothing herein shall prevent the board of health, if after publication of a call for tenders as herein provided for, it receives no bids from any respon- sible bidder or only one bid therefrom, from purchasing at regular market prices, meats on the hoof or otherwise, and food stuffs, as miy from time to time be required for the Leper Settlement. (Act G2, S. L. 1909, as amended by Act 47, S. L. 1911.) Sec. 324. CONTRACTS, IN WRITING. All such contracts shall be Note to See. 321. See Act 82, S. L. 1907, coroner shall forward copy of coroner's verdict to attorney-general. 95 in writing, shall be executed in the name of the Territory, county or city and county, as the case may be, by the officer letting the same, and shall be made with the lowest responsible bidder after publica- tion of a call for tenders, for not less than ten days, in a newspaper of general circulation printed and published within said Territory. Before any contract is entered into such security for performance as shall be satisfactory to the officer letting the contract shall be fur- nished by the successful bidder. All bids shall be accompanied by a certificate of deposit or certified check, on a bank doing business within the Territory of Hawaii, for a sum equal to 5 per cent, of the amount bid, payable at sight to the officer advertising for tenders, if the bidder to whom the contract is awarded shall fail or neglect to enter into the contract and furnish satisfactory security within five days after such award or within such further time as such officer may allow, such officer shall draw the money due on such certificate of deposit or check and pay the same into the treasury as a realization of the Territory, county or city and county respectively; if the con- tract is entered into and the security furnished within such required time such certificate or check shall be returned to the successful bid- der; the certificates or checks deposited by unsuccessful bidders shall be returned to them after the award of the contract. All bids shall be sealed and delivered to the officer advertising therefor and shall be opened by him at the hour and place to be stated in the call for tenders in the presence of all bidders who attend and may be in- spected by any bidder. All bids which do not comply with the re- quirements of the call for tenders shall be rejected. When the of- ficer advertising for bids believes that the prices bid are too high or that the bidders have combined to prevent competition, or that the public interest will be subserved thereby, he may reject all bids. (Sec. 2, Act 62, S. L. 1909.) Sec. 325. SAME, AUDITOR'S CERTIFICATE. No such contract shall be binding or of any force unless the auditor of the Territory, county or city and county, as the case may be, shall endorse thereon his certificate that there is an available unexpended appropriation or balance of an appropriation over and above all outstanding contracts sufficient to cover the amount required by such contract. (Sec. 3, Act 62, S. L. 1909.) Sec. 326. NO WARRANTS FOR SALARY EXCEPT AMOUNT DUE. 96 No warrant shall be drawn for any sum on account of any salary or pay roll in excess of the amount then due, nor shall any warrant for any purpose be drawn except in accordance with the provisions of law. (Sec. 4, Act 62, S. L. 1909.) Sec. 327. SPECIFIC APPROPRIATION: UNLAWFUL DRAW FROM GENERAL. Whenever a specific appropriation is made for a particu- uar object, it shall be unlawful to make any expenditure from a gen- eral appropriation which would otherwise cover such particular ob- ject. (Sec. 5, Act 62, S. L. 1909.) Sec. 328. EXPENDITURES FOR EMERGENCIES: LAWFUL WHEN. No expenditure shall be made under any general appropriation for emergencies except for urgent causes arising when the legislature is not in session, or without the approval of the governor. (Sec. 6, Act €2, S. L. 1909.) Sec. 329. SAME PENALTY. Any public officer who shall falsely certify or approve for payment any bill or voucher, or any claim against the Territory or any county or city and county, or who shall knowingly incur any liability in excess of appropriations made, and any auditor who shall violate any provisions of this act, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than five hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. (Sec. 7, Act. 62, S. L. 1909.) Sec. 330. INVENTORY OF GOVERNMENT PROPERTY. It shall l>e the duty of the president of the board of health in the month of July of each year to prepare and file with the tax assessor of the taxa- tion division in which such property is situate, a return or inventory, sworn to before a person authorized by law to administer oaths, con- taining a full, true and corrected list by detailed items of all property, of whatsoever nature, (as of July 1, of the year for which such return is made) belonging to the Territory of Hawaii and in the possession, custody, control or use of the board of health or of any officer, agent or employee serving in such department or under the board of health, and containing further opposite each item a statement of the full cash value of the property therein named according to the best knowledge, Information and belief of the officer making such return. (Act 77, S. L. 1909.) Sec. 331. PENALTY. Any officer, member of a board of public 97 character, assessor or other person who shall fail to perform any of the duties imposed upon him by this act shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding five hun- dred dollars ($500.00) or by imprisonment for not exceeding six months. (Act 77, S. L. 1909.) PROSTITUTION. Sec. 332. REGISTRY OF COMMON PROSTITUTES. Every com- mon prostitute in and around the city of Honolulu shall register with the sheriff of the Island of Oahu her name, place of residence, place of birth and age. (P. L. 1897, Sec. 856). Sec. 333. PENALTY FOR NOT REGISTERING. All females known to be common prostitutes, who shall fail to cause themselves to be registered according to section 332, (P. L. 1897, Sec. 856), shall on complaint and conviction before the police magistrate of Honolulu be imprisoned for not less than thirty nor more than sixty days, and be subject to the rules of such place of confinement. (P. L. 1897, Sec. 857). Sec. 334. EXAMINATION BY PHYSICIAN. Such females, regis- tered as above, shall attend and be examined by a physician to be- appointed by the board of health, at least once in every two weeks, at some convenient place, of which public notice shall be given, and if found deseased, such female shall be treated free of charge for such desease, subject to such regulations and restrictions as may be pre- scribed by the said physician. (P. L. 1897, Sec. 858). Sec. 335. PENALTY FOR NON-ATTENDANCE FOR EXAMINA- TION. Any female registered as above who shall not attend for ex- amination as above provided, or who shall not obey the prescriptions, of the physician, upon information thereof to the sheriff, such female may be summarily imprisoned for not less than thirty nor more than sixty days: Provided, that nothing herein contained shall imply that any female free from disease, so registered, may not at any time for- sake prostitution, have her name erased from the registry, and no IVote to Sec. 332. The preamble is omitted. Quaere whether in this territory this act is nullified through the operation of the Edmunds Act. For vagrants, prostitutes, etc., see R. L. Sec. 3195; adultery, fornication, poligamy, in- cest, sodomy, procuring, prostitution, R. L. Chap. 214. 98 longer remain under the provisions of this section. (P. L. 1897, Sec. 859). Sec. 336. COMPENSATION OF EXAMINING PHYSICIAN. The physician appointed as above shall be paid such reasonable compen- sation as may be determined upon by the board of health, out of the funds appropriated from time to time by the legislature to be expended under this chapter. (P. L. 1897, Sec. 860). Sec. 337. SHERIFF OF OAHU CHARGED WITH EXECUTION OF THE LAW. The sheriff of Oahu shall be charged with the execution of this law, and shall be further empowered to establish such police regulations for the better carrying into effect the object contemplated by this law, as he may deem requisite, subject to the approval of the governor; and it shall be his duty to render a quarterly report of all matters connected with the execution of this law to the governor, and biennially through the said governor to the legislature. (P. L. 1897, Sec. 861.) Sec. 338. ARREST OF FEMALES COMPLAINED OF AS PROSTI- TUTES. It shall be lawful for the district magistrates of Honolulu, Lahaina and Hilo respectively to cause to be arrested and brought before them, any female that may be complained of by the sheriff or prefect of police, as being a prostitute, and if it shall appear to the satisfaction of the justice that such female is a prostitute and that her father, mother or other guardian, reside in any other district than that in which such justice has jurisdiction, or that such female has left her native district and come to reside within the district where such justice has jurisdiction, for the purpose of prostitution, then such justice may order such female to return to her parents or guardian, if she have any, or to the district from whence she came, within forty-eight hours, the justice may punish her by imprisonment at hard labor, or solitary confinement, for a period not exceeding thirty days upon the first complaint, and upon any subsequent complaint, for a period not exceeding sixty days. It shall be the duty of all judicial and police officers, school-inspectors and school-teachers, to inform the district magistrates of the seaports aforesaid, of any females belonging to their respective districts whom they may suspect of having resorted to said seaports for the purposes of prostitution, that they may be dealt with as hereinbefore provided. (P. L. 1897, Sec. 862). 99 Sec. 339. RULES AND REGULATIONS. From and after the pas- sage of this act, the execution of the law entitled "An Act to Mitigate the Evils and Diseases Arising from Prostitution," shall devolve upon the board of health. The said board shall have full power and au- thority to enforce said law, and to make such rules and regulations, from time to time as they shall deem best for the carrying out of the provisions of the law. (P. L. 1897, Sec. 863). COUNTY AND CITY AND COUNTY POWERS IN HEALTH MATTERS. Sec. 340. POWER CONFERRED UPON COUNTIES. To make and enforce within the limits of the county all necessary ordinances cov- ering all local police matters and all matters of sanitation, inspection of buildings, condemnation of unsafe structures, plumbing, sewers, dairies, milk, fish, cemeteries, burying grounds, interment of the dead and morgues and the collection and disposition of rubbish and gar- bage; and no ordinance shall be held invalid on the ground that it covers any subject or matter embraced within any statute or statutes of the Territory, whether such ordinance is in conflict with any such statute or statutes or otherwise; to appoint county physicians and such sanitary and other inspectors as may be necessary to carry into effect ordinances made as aforesaid, who shall have the same power as given by law to agents of the board of health, subject only to such limitations as may be placed on them by the terms and conditions of their appointments; to fix a penalty for the violation of any ordinance, which said penalty may be a fine not to exceed five hundred dollars, together with costs of court, and to provide that in the event of de- fault in the payment of such fine or costs, the offender, shall be im- prisoned until such fine or costs shall have been discharged by opera- tion of the general law applicable to such cases. (Act 39, Chap. 14, Sec. 62, Par. 5, S. L. 1905, as amended by Act 64, S. L. 1907, as amended by Act 98, S. L. 1909.) Sec. 341. COUNTIES MAINTAIN WATER AND SEWER SYSTEMS: HOSPITALS. To establish and maintain water works and sewer works; to collect rates for water supplied to consumers, and for the Note to Sec. 340. See note to Sec. 346. 100 use of sewers, and for the placing of signs on bridges as required by law. To take over from the Territory existing water works systems, including water rights, pipe lines and other appurtenances belonging thereto, and sewer systems, and to enlarge, develop and improve the same. To build, rebuild, equip, maintain and regulate hospitals, school houses, court houses, jails and houses of detention, punishment, con- finement and reformation, and to give aid to hospitals. (Act 39, Chap. 4, Sec. 9, Par. 4A, S. L. 1905, as enacted by Act 100, S. L. 1909.) Sec. 342. COUNTIES ACQUIRE SEWERS. Each county shall have the following powers: To construct, purchase, take on lease or other- wise acquire sewers including reservoirs, wells, pipe lines and other conduits for distributing water to the public. (Act 39, Chap. 4, Sec. 9, Par. 3, S. L. 1905, as amended by Act 20, S. L. 1907.) Sec. 343. POWER CONFERRED UPON THE CITY AND COUNTY OF HONOLULU. To make and enforce within the limits of the City and County of Honolulu all necessary ordinances covering all local police matters and all matters of sanitation, inspection of buildings, condemnation of unsafe structures, plumbing, sewers, dairies, milk, fish, cemeteries, burying grounds, interment of the dead and morgues and the collection and disposition of rubbish and garbage; and no ordi- nance shall be held invalid on the ground that it covers any subject or matter embraced within any statute or statutes of the Territory, whether such ordinance is in conflict with any such statute or statutes or otherwise; to appoint city and county physicians and such sanitary and other inspectors as may be necessary to carry into effect ordi- nances made as aforesaid, who shall have the same power as given by law to agents of the board of health, subject only to such limita- tions as may be placed on them by the terms and conditions of their appointments. (Act 118, Chap. 5, Sec. 23, Par. 1, S. L. 1907, as amended by Act 99, S. L. 1909.) Sec. 344. REGULATE METHOD OF CONSTRUCTION OF BAKER- IES, LAUNDRIES, ETC. To prescribe and regulate the method and style of construction of carpenter, machine, blacksmith and other workshops, foundries, bakeries and other factories, laundries, poi shops, abattoirs, fish-markets and places where noisome trades or manufacturers are carried on, hotels, tenements, dodging houses, theatres, halls and places of public resort. (Act 79, Sec. 3A, S. L. 1909.) 101 Sec. 345. REGULATE CONDITIONS UNDER WHICH BAKERIES, LAUNDRIES, ETC., OPERATE. To prescribe and regulate the places where and the conditions under which carpenter, machine, blacksmiths and other work shops, foundries, bakeries and other factories, laun- dries, poi shops, abattoirs, fish-markets and places where noisome trades or manufacturers are carried on, hotels, tenements, lodging houses, theatres and halls and places of public resort may be erected, maintained, used or operated. (Act. 79, Sec. 3B, S. L. 1909.) Sec. 346. TO ENACT ORDINANCES PROTECTING LIFE,HEALTH. To enact and enforce all ordinances necessary to protect health, life and property, to prevent and summarily remove nuisances and to preserve and enforce the good government, order and security of the city and county and its inhabitants. (Act 118, Chap. 5, Sec. 23, Par. 4, S. L. 1907, as amended by Act 79, Sec. 2, S. L. 1909.) Sec. 347. ORDINANCE NOT INVALID WHEN. No ordinance shall be held invalid on the ground that it covers any subject or matter embraced within any statute or statutes of the Territory whether such ordinance is in conflict with any such statute or statutes or otherwise. (Act 79, Sec. 3, S. L. 1909.) Sec. 348. APPLIANCES SPRINKLING CLEANING STREETS. Except as otherwise provided in this chapter, to regulate and control the location and quality of all appliances necessary to the furnishing of water, heat, light, power, telephonic and telegraphic service to the city and county; to construct, purchase, lease or otherwise acquire buildings for the city and county purposes; to construct, purchase, lease or otherwise acquire plants, apparatus and appliances for light- ing streets and public buildings, and to manage, regulate and control the same, and to acquire, regulate and control any and all appliances for flushing the sewers therein. (Act 118, Chap. 5, Sec. 23, Par. 9, 5. L. 1907, as amended by Act 91, S. L. 1911.) Note to Sec. 346. In Terr. vs. Muranaka, 19 H. 321, it was held that an ordinance di- rected against the erection of a building is invalid. The same decision declared, obiter dicta, that if the ordinance had declared that keeping a lodging house within a designated area is an offense, the question whether erecting it could be made a penal offense would be a different question from that presented. Ordinance against spraying clothes from the mouth held valid; Terr. vs. Ah Choy, 17 H. 331. Note to Sec. 347. This section was enacted to remedy the defect brought out in Terr, vs. McCandless, 18 H. 616. 102 Sec. 349. CITY AND COUNTY MAINTAIN WATER AND SEWER SYSTEMS: HOSPITALS. To establish and maintain water works and sewer works; to collect rates for water supplied to consumers, and for the use of sewers and for the placing of signs on bridges as required by law. To take over from the Territory existing water works systems, including water rights, pipe lines and other appurte- nances belonging thereto, and sewer systems, and to enlarge, develop and improve the same. To build, rebuild, equip, maintain and regu- late hospitals school houses, court houses, jails and houses of deten- tion, punishment, confinement and reformation, and to give aid to hospitals. (Act 118, Chap. 5, Sec. 23, Par. 7, S. L. 1907, as amended by Act 101, S. L. 1909.) Sec. 350. CITY AND COUNTY OFFICERS ENFORCE TERRITO- RIAL BOARD OF HEALTH RULES AND REGULATIONS. It shall be the duty of all county and city and county health authorities, sheriffs and police officers, and all other officers and employees of the Territory, and every county or city and county thereof, to enforce the rules and regulations of the (Territorial) board of health. (Sec. 1, Act. 132, S. L. 1911.) Sec. 351. POWERS OF COUNTIES AND CITY AND COUNTY CON- CURRENT WITH BOARD OF HEALTH. Such powers in health matters as have been or may be conferred upon any county or city and county, shall be concurrent with those of the (Territorial) board of health. (Sec. 1, Act 132, S. L. 1911.) 103 INDEX. A. ABATEMENT OF NUISANCES. SEE NUISANCES. ABATTOI R 12, 74, 344, 345 ACCOUNTS. advertisement, tenders 323 contracts 324, 329 expenditures, reports of g general 5 leprosy accounts separate 6 realizations, Kohala Hospital 215 ADULTERATED FOODS AND DRUGS, adulteration defined 170 commissioner, appointment, bond, duties, powers 171, 172, 175 complaints, investigation 173 definitions 168-170 gross cheat 190-193 intoxicating liquor 194-200 label 169, 170 manufacture and sale of prohibited 167 milk 186, 187 misbranding defined 169 oleomargarine, penalty 188, 189 opium 201-203 penalties 177, 191 poisons 204-209 report of commissioner 176 samples . . 174 AGENTS. amaama, seizure by 320 American citizen, must be 316 appointment of 2 barbers, business carried on under inspection of 311, 312 bond 313, 315 cemeteries, enforce regulations concerning 77 certificates of inspection 10, 41, 47, 49, 178, 182 contagious and infectious diseases, reports 86 county inspectors, same powers 340, 343 disinfection tuberculosis premises 114 duties, general 8 entry, right of, by 19, 38 food stuffs, manufacture of, inspection 178 impersonation of 4 104 lepers, concealment of 138 leprosy, reports 128 lodging-houses, inspection of 41-45 milk, inspection 187 nuisances, examine into 16-19 office hours 317 poi manufacture, inspection of 182, 185 poisons, examining record of 205, 208 quarantine 88 responsibility 3 sanitary condition of buildings, duties concerning .36-38 service of notice, leprosy cases 129 slaughter houses, inspection of 74 steam laundries, laundries, etc., inspection of 46-52 tuberculosis reports, made to. Ill, 114, 115, 118 AIR SPACE 36 AMAAMA, CLOSED SEASON 320 AMUSEMENT PLACES 344, 345 ANIMALS, DISEASES OF— destruction 66 forfeiture of animals 70 importation prohibited when 69 inspection . 58 inspectors 63 jurisdiction board of agriculture 57 landing domestic animal 65 master of vessels, duties 67 penalty 59, 71, 73 permit entry domestic animal . * 64 purchase price, recovery of 72 quarantine 66, 68 reporting diseased animals 71 rules and regulations 61 statistics 60 veterinarian 62 violations 59 ANIMALS, DEAD, LEAVING ON SHORES AND REEFS PRO- HIBITED 56 APPROPRIATION. aid to indigent discharged lepers 134 construction leper hospital, Honolulu 137 AREAS. TENEMENTS 37 ASIATIC CHOLERA, DECLARED COMMUNICABLE 85 105 ATTORNEY GENERAL. advice on points of law (see note) 2 member of board of health ex-officio 2 B. BAKERIES, REGULATION AND INSPECTION OF 12, 344, 345 BARBERS. penalty 312; rules and regulations concerning 311 BIRTHS. SEE VITAL STATISTICS. BIRTH CERTIFICATE 249- BLACKSMITH SHOPS, REGULATION OF 344, 345 BOARD OF HEALTH. accounts 5, 6 agents of 3 agents appointed by 2 county powers concurrent with 8 minutes 7 members, appointment 1, 2 organization 2 physicians appointed by 2 powers, general provision 8, 9 report to legislature 6 secretary, appointed by 6 BOARD AGRICULTURE AND FORESTRY, JURISDICTION ANI- MAL DISEASES 57-7& BONDS. President to give 313 employees may be required to give 315 BURIAL. coroner shall cause 322 regulation 12 BUTTER 188 C. CATTLE, TENDERS FOR 323 CEMETERIES. cemetery corporation 76 land conveyance of, to 76 regulation of 12, 77, 340, 345 superintendent of public works establish public 75 106 CEREBRO-SPINAL MENINGITIS, DECLARED COMMUNICABLE, 85,87 CERTIFICATE. agents as to sanitary conditions. . .10, 41-45, 46-49, 178, 179, 182-185 birth, death, marriage 249 leper 129 CESSPOOL, REGULATION OF 12, 346 CITY AND COUNTY OF HONOLULU. construction and regulation of buildings 344, 345 general powers 343, 346 hospitals erected and maintained by board of health 349 officers enforce regulations 350 powers concurrent with territorial board of health 351 sewer works 349 water works 349 CITY AND COUNTY TREASURER. cancellation licenses 11, 184 certificate of board required before issue license — 10, 41-45, 46-48, 49, 178, 179 ,182-185 licenses issued by id. CLOTHES, INFECTED 13 COMMISSIONS, BOARD OF HEALTH MEMBERS.. 1 COMMON DRINKING CUP 108 COMMON CARRIERS. railways provide cuspidors 107 vessels prohibited from carrying lepers 149 penalty 150 COMMON NUISANCE 23 See also Nuisances. COMMON PROSTITUTES 332-339 CONTAGIOUS AND INFECTIOUS DISEASES. animals, see animals, diseases of. articles infected with, regulation 13 board of health, territorial, has supervisory powers over 8 diseases, enumeration of 85 diseases declared infectious and communicable 87 entry, vessel allowed when 92 expense sick persons brought on vessels 90 leprosy. See General title. master of vessels 90 nuisances, removal of, causing 16 passengers 93 penalty 85, 86 penalty, pilot bringing vessel in 92 107 penalty, landing passengers . . . . 93 pilot . . 91 prevention of 16 physicians to report cases of 85, 136 quarantine 8, 88 quarantine without removal 89 removal 88 regulation, power to regulate 12 reports of cases of, duty of persons 85, 86, 252 tuberculosis. See General title, vaccination. See General title, vessels with, regulation 12 CONTRACTS .324 CONJUNCTIVITIS FOLLICULAR, DECLARED COMMUNICABLE— 85, 87 CORONERS. burials 322 inquests 321 COUNTIES. general powers 340 hospitals erected and maintained by 341 officers enforce board of health regulations 350 powers concurrent with territorial board of health 351 sewers 341, 342 water works 341 COUNTY TREASURER. cancellation licenses 11, 184 certificate of board required 10, 41-45, 46-48, 49, 178, 179, 182-185 licenses issued by id. CREAM, ADULTERATION OF 170 CUSPIDORS 105, 107 D. DAIRIES 340, 343 DENTISTRY. advertising purposes, practicing for, prohibited 283 board of examiners, appointment, tenure 272 certificate of license 178 cancellation license 281 definition, dentistry 270 degrees, using assumed, prohibited 282 examination 276, 277 108 expenses . 274 felony, conviction of, effect 284 license 176 licensed dentists 271 meetings board of examiners 273 names to be furnished and displayed 279, 280 penalty 285 prosecutions 286 report to governor 275 DEATH CERTIFICATE 249 DENGUE, DECLARED COMMUNICABLE , 85, 87 DIPHTHERIA, DECLARED COMMUNICABLE 85, 87 DISINTERMENT OF HUMAN BODIES. penalty 78 prohibited without authority 78 DRUGS. SEE PHARMACY, ADULTERATED FOODS AND DRUGS, POISONS. DYEING OR CLEANING WORKS. inspection, certificate of 49 license 49 regulation of 49 E. EMPLOYEES. American citizen, must be 316 bonds of 315 office hours 317 ENTRY. general powers of 19 lodging and tenement buildings 38 EPIDEMIC. quarantine, power to establish 1 weekly reports to be published 7 EXPENDITURE PUBLIC MONEY 323-328 F. FACTOR I ES 344, 345 FINES AND PENALTIES. adulterated foods and drugs 177, 191 amaama, closed season 320 barbers 312 buildings, sanitation of : 39 109 concealing lepers 138, 140 dentistry 285 diseased animals 59-, 71, 73 disinterment 78 food products 179 gross cheat 192 liotels 43 householders, etc., failure to report communicable diseases.. 86 inventory government property 330, 331 kokuas 148 lodging houses 43 masters of vessels, failure to report communicable diseases. . 86 medicine and surgery 264, 267 nuisances ; 22 oleomargarine 189 officers of government, failure report lepers 136 opium 202 passengers, landing of 93 pharmacy 288 physicians, failure to report communicable disease 85 physicians, failure to report lepers 136 pilots, bringing vessels into ports '. 92 poi 185 poisons 209 police officer, failure to report lepers 136 prostitution 333, 335 regulations 15 restaurants 43 tuberculosis, carelessness of person having 116 tuberculosis, violation of requirements of act 120 vaccination 102, 104 Vessels carrying lepers 150 veterinary practice 308 vital statistics 257 FISH, FISHING. amaama, closed season 320 power to regulate 12, 340, 343 FISH MARKETS, REGULATIONS OF 12, 344, 345 FOOD 167-193 FOUNDRIES, REGULATION OF 344,. 345 FUMIGATION AND DISINFECTION. general powers by regulation 12 infectious diseases -. 85-93 infected articles • • 13 tuberculosis 114, 115 110 G. GARBAGE. city and county power to collect and dispose of 343, 346 county power to collect and dispose of 340 GOVERNOR. members board of health, appointed by 1, 2 office hours, change of, approved by 317 president, appointed by 2 regulations approved by 12 reports to 8, 235, 275 steam laundries, Honolulu, issuance license approved by 46 GROSS CHEAT. adulteration of foods 191 punishment 192 unwholesome articles of food 190 H. HALLS AND PLACES OF PUBLIC RESORT, regulation of... 344, 345 HARBORS, DUMPING RUBBISH IN, PROHIBITED 55, 56 HOSPITALS. Chinese hospital, establishment of 210, 211, 212 North Kohala hospital 215 quarantine hospital 88 Queen's hospital 213, 214 taxation, hospitals exempt from. 216 HOTELS. conditions of license 42 inspection, certificate of 10, 41 license not issued when 36, 41 licensed not required when 45 penalties 43 private boarders, no fee 44 regulation of 12, 344, 345 I. ICE CREAM, STANDARD OF 170 IMPERSONATING INSPECTOR 4 INFANTILE PARALYSIS, DECLARED COMMUNICABLE 87 INFECTIOUS DISEASES. See Contagious and Infectious Diseases. INSANITARY BUILDINGS.. See Sanitary Conditions of Buildings. INSANITARY LANDS.. See Sanitary Condition of Land. Ill INSANE PERSONS. appeal 225 chairman board of commissioners 228 commissioners insanity, appointment, duties 227 commitment 224, 226 compensation commissioners 229 complaint 221 defendant, insane, commitment 226, 236 examination 223- expense, inmates' property liable for 220 hearing and commitment 224, 237 hearings on appeal 230 insane asylum, Honolulu 217 inspection of asylum 235 management insane asylum 218 oath of office 228 oaths, power to administer 231 parole 233 re-examination 232 record of hearing filed with Secretary of Territory 234 register of patients 219 release 232, 237 report to governor 235 warrant 222 INSPECTOR. See Agents. INTERMENT 12, 340, 343 INTOXICATING LIQUOR, ADULTERATION OF 194, 200 INVENTORY GOVERNMENT PROPERTY, PENALTY 330, 341 J. JUDGE. insanitary lands, appoints appeal board 28 insane persons, issues warrants and holds hearings 222, 224 leprosy, appoints third examining physician 129 nuisances, authorizes entry to abate 19 K. KOKUAS, CONTROL OF 145-148 L. LABEL. See Adulterated Foods and Drugs. LAND.. See Sanitary Condition of Land. LAUNDRIES, PUBLIC 50 112 LAUNDRY. inspection, certificate of 49 license 49 regulation of 12, 344, 345 LEPERS. aid to persons discharged from settlement 134 arrest of lepers, when 130 certificate of examination 127 concealing lepers, penalty 138 custody of 130 discharge of 124, 133 examination of 127, 129 expenses, examination 135 hospitals 124 hospital on Oahu 126 kokuas, control of, duties 145-148 labor by patients 141 minors 129 parole 131 penalties 136, 138, 140, 148, 150 permits treat lepers 4 125 persons allowed at settlement 144 procedure examination, segregation of 129 reporting cases of 128, 139 rules and regulations 135, 143, 146 taxation, lepers exempt from 142 transfer to settlement 131 treatment at hospital 127 vessels authorized to carry 149 LEPROSY. accounts concerning, kept separate 6 appropriation hospital buildings 137 declared infectious and communicable disease 85, 87 government land for hospitals 122 hospitals, establishment of 124, 126 Kalawao, county of 161 land, acquisition of for hospitals 122, 123, 151, 160 LICENSES NOT ISSUED EXCEPT UPON CERTIFICATE, ETC. abattoir 10 bakery 10 barbers 311, 312 city and county permits under Act 97, S. L., 1911 10 dyeing works 49 fish market 10 113 general provision 10 hotel 10 laundry 10 lodging houses 41-45 manufacture food stuffs 178, 179 meat market 10 noisome and noxious trades 10 poi 182, 185 poi shop 10 stable 10 slaughter houses 74 steam laundries 46-48 tenement 10 vegetable market 10 LICENSES, CANCELLATION OF 11, 179, 184 LIEN, FILLING LOW LANDS 31, 32 LODGING AND TENEMENT HOUSES. air space 36 closets 37 conditions of license 42 entry , 38 filth .\ , 40 grounds 38 inspection, certificate of 10, 41 license not issued when 36, 41 penalties 43 private boarders, no fee 44 regulation of 12, 344, 345 repairs 36 see sanitary condition of buildings 36-40 M. MARRIAGE CERTIFICATE 249 MANUFACTURE FOOD PRODUCTS. license fee 180 license not issued, when 178 license required • . • 178 penalty 179 MARKETS. sanitation of public markets 319 regulation of 12, 344, 345 MASTER OF VESSELS. contagious and infectious diseases on board 90 114 diseased animals on board 67 vessels allowed to carry lepers 149 MEASLES, DECLARED COMMUNICABLE 85, 87 MEDICINE AND SURGERY. christian science 258 communications of physicians, privileged 269 examination 260 execution, physicians exempt from 268 form of license 263 hearing 266 license 258 medical examiners, appointment, removal, qualification. .260, 261 osteopathy 258 penalty 264, 267 practice of medicine, defined 259 revocation of license 265 sorcery, etc., penalty i . . . 267 MEMBERS, BOARD OF HEALTH. appointment, tenure 1 no pay 2 removal 1 MILK. adulteration of 170, 186 inspection of 187 regulation 12, 340, 343 . . dairies 340, 343 MOSQUITOES 12, 16 N. NOISOME TRADES AND MANUFACTURES. regulation of places where carried on 12, 344, 345 NORTH KOHALA HOSPITAL 215 NUISANCES. abatement of 16 abattoirs , 12, 344, 345 absent owners 17 animals 55, 56 areas and alleys 12 bakeries 12, 344, 345 buildings 12, 40, 340, 343-345 cemeteries , 73, 77, 340, 343 cesspools 12 city and county powers respecting 343-346 115 closets 37 common nuisance 23 conviction of nuisance 22 county powers respecting 340 dairies 340, 343 dead bodies 12 district magistrate, powers 19 duck ranches 12 dyeing works 49 entering lands, buildings, etc 19, 38 entry, refusal of 19 filth 40 fish markets 12, 344, 345 garbage 340, 343 gases, foul and noxious , 16 general powers concerning 16, 19 grounds 37 health, matters injurious to 24 high sheriff to report 21 high sheriff to aid entry 19 hotels 12, 42, 344, 345 insanitary land 24-35 interments 12, 340, 343 jurisdiction courts 19 land 25-35 laundries 12, 46, 48, 344, 345 lodging houses 12, 42, 344, 345 meat markets ■ 12 mosquitoes 16 notice to abate 17, 18 odors, foul and noxious 16 penalty 22 physicians to report 21 pig ranches 12 police officers to aid entry 19 police officers to report 21 prisoners assist in abatement of 20 private property 17 privy 12, 37 proceedure abatement of 17, 18 public markets 319 public property 17 poi shops 12, 182-185, 344, 345 recovery expense abatement 17 regulations concerning 12, 13 116 removal 16 removal at expense of owner 17, 18, 22 reports of 21 restaurants 42 rubbish, dumping of in harbor 55, 56 slaughter houses 74 stables 12 tenement houses 12, 36, 42, 344, 345 vegetable markets 12 vessels 16 violation laws regarding 22, 39 yard 37 O. OFFICE HOURS 317 OLEOMARGARINE. penalty, sale of as butter IBS semblance of butter, penalty 189 OPIUM. board of health, sales by 203 penalty 202 sale of 201 ORDINANCE. city and county powers to enact health ordinances 343-351 county powers to enact health ordinances 340-342, 350, 351 PARALYSIS INFANTILE, DECLARED COMMUNCABLE 85, 87 PAROLE. insane persons 233 lepers 131 PATENT MEDICINES, SALE OF ALLOWED 287 PERMITS. domestic animals entry of 64 leper settlement, to enter 144 lepers, treatment of 125 see Licenses. PERTUSSIS, DECLARED COMMUNICABLE 85, 87 PHARMACY. application 292 board of pharmacy 29fr examination 293, 294 license 287,289, 300 meetings 291 patent medicines 287 117 penalty 288 poisonous drugs 302 qualifications, applicants 295 recommendation license 296, 297 report to treasurer 298 revocation license 301 PIG AND DUCK RANCHES, REGULATION OF 12 PILOT. ascertain health conditions on vessels 91 contagious disease on vessels 93 quarantine ■■ . 92 PLAGUE, DECLARED COMMUNICABLE 85, 87 PLUMBING. city and county powers as to 343 county powers as to 340 POI SHOPS 183 regulation of 343, 345 POI, MANUFACTURE OF. building for, how constructed 183 cancellation permit 184 manufacture prohibited except when 182 penalty 185 permit 182 POISONS. label 207 penalty 209 prescriptions 208 record to be kept 205, 206 sale permitted when 204 POLICE OFFICERS. amaama, seizure of 320 contagious diseases, duty to report 86 entry, to assist in effecting 19 inquests, duties of coroners 321, 322 Kalawao, county sheriff and police officers 163-166 leprosy, duty to report cases of 128, 136, 139, 140 nuisances reported by 21 prisoners to assist abatement nuisances under direction of . . . . 20 prostitution 332-339 rules and regulations of board carried out by 8, 350 vital statistics, sheriff and deputy sheriff no pay when ap- pointed registrars of 240 PRESCRIPTIONS. See Pharmacy, Medicine and Surgery. 118 PRESIDENT, BOARD OF HEALTH. absence of 2 acting president 314 American citizen 1, 2 appointment 313, 315 compensation 2 office hours, change by 317 preside at meetings 2 reports annually to governor 8 PRISONERS, ASSIST IN ABATEMENT OF NUISANCES 20 PRIVY, REGULATION OF 12, 340 PROSTITUTION. arrest 338 board of health 339 compensation examining physician 336 examination 334 penalty 333, 335 registry 332 sheriff of Oahu, duties 337 PUBLIC LAUNDRIES 50 PUBLICATION OF REGULATIONS 14 Q. QUARANTINE. contagious and infectious diseases 88 federal 9 general powers 8 masters of vessels 87, 91-94 subject to U. S 9 QUARANTINE HOSPITAL 88 QUEEN'S HOSPITAL 213, 214 R. RANGE CLOSETS 81 RECORDS. insanity 234 prescriptions 208 poisons 205, 206 proceedings of board of health 7 prostitution 332 tuberculosis Ill, 113 vaccination officers 97 vital statistics 241, 245 119 REFUSE, THROWING IN HARBOR PROHIBITED 55 REGISTRAR BIRTHS, DEATHS AND MARRIAGES. See Vital Sta- tistics. REGULATIONS. aid, indigent discharged lepers 134 animals, diseases of 61 approval by governor 13 barbers 311 births, deaths and marriages 256 cemeteries 77 county and municipal officers, carry out 8, 350 food products, manufacture of 178 general powers 13 hospitals 210 infected articles 13 insane asylum 218 Kalawao, county of 162 kokuas 146 labor by lepers 141 leper hospital, Oahu 126, 127 lepers, control of 143 markets, public 319 North Kohala hospital 215 officers carry out 8 opium, sale of 201 parole, lepers 131 prostitutes 339 publication of 14 segregation lepers 135 slaughter houses 74 steam laundries, laundries 48, 52 tuberculosis 121 violation of 15 vital statistics 256 REPORTS. board dental examiners, to governor 275 board commissioners of insanity • 235 epidemics, weekly during prevalence of 7 food commissioner 176 leprosy accounts . 6 president board of health to governor 8 vaccination officers 97 RESTAURANTS. conditions of license 42 120 inspection, certificate of 10, 41 license not issued when 36, 41 penalties 43 regulation of 12, 345 S. SANITARY CONDITION OF BUILDINGS. air space 36 closets 37 entry by agent 38 filth 40 grounds 37 penalty 39 repairs 36 tenements and lodging houses 36 see Lodging and tenement houses. SANITARY CONDITION OF LAND. appeal 27 appropriation revolving fund $250,000.00 35 board report to superintendent of public works 24 cost of improvement charged to land 25 failure to improve 25 foreclosure, lien 33 hearing, decision 28 improvements, plan of 24, 29 insanitary condition 24 lien, notice and recording 31, 32 notice to owners to improve 25 opinion of board as to condition 24 procedure in respect to insanitary lands 25-29 service of notice 26 superintendent of public works performs work 25, 30 work unfinished 25 SCARLET FEVER, DECLARED COMMUNICABLE 85, 87 SCHOOL CHILDREN, VACCINATION OF 98 SCHOOL TEACHERS, HAVING TUBERCULOSIS 110 SECRETARY, BOARD OF HEALTH. appointment 2 minutes .- 7 SEWERS, HONOLULU. acquisition of by counties 341 application to connect to 79 changes in use of 83 delinquent rates 84 121 disputes as to rates 80 entry on premises . 79 lien 84 payment of rates when 82 rates 81 regulation of 340, 343 superintendent of public works, duties concerning 79 SLAUGHTER HOUSES 74 SMALL POX, DECLARED COMMUNICABLE 85, 87 STEAM LAUNDRIES, HONOLULU. governor, approves issuance license 46 inspection, certificate of 47 license 46 license not issued when 47 regulation of 48 SUPERINTENDENT OF PUBLIC WORKS. cemeteries 75 harbors, dumping rubbish in 55, 56 insanitary lands, duties concerning 25, 30 public laundries, duties concerning 50 sewers, duties concering 79 T. TAXATION EXEMPTION. hospitals 216 lepers 142 TENEMENT HOUSES. See Lodging and Tenement Houses. TETANUS, DECLARED COMMUNICABLE 85, 87 THEATRES 344, 345 TRACHOMA, DECLARED COMMUNICABLE 85, 87 TUBERCULOSIS. animals, see Animals, diseases of. bacteriologist 112 blanks, furnished by board 118 board of health, duty of 115, 118 common drinking cup prohibited 108 communicable disease 105 cuspidors 85, 87 disinfection 114 disposal of sputum, careless persons 116 examination sputum free 112 hospitals report cases Ill infectious and contagious 87 122 notices, posting required 109 penalty 116, 120 physicians to report 85 physicians, precautions, instructions 117, 118, 118 poster, placard 115 premises, disinfection of 114, 115 . . public places 105-109 railways 105-109 railways provide cuspidors 107 record, not public 113 records, protection of 113 recovery of patient, report of 119 reguMations * 121 reports by physicians and others Ill school teachers 110 spitting prohibited 106 sputum, examination of 112 treatment, report of by physicians 118 violation 120 See general title Contagious and Infectious Diseases. TYPHOID, DECLARED COMMUNICABLE 85, 87 TYPHUS FEVER, DECLARED COMMUNICABLE 85, 87 U. UNITED STATES QUARANTINE LAWS 9 UNWHOLESOME PROVISIONS 190 V. VACCINATION. certificate 100 children when 98 examination as to result of 99 method of vaccination 103 notice time and place 95 officers attend every six months 96 parents, penalty failure vaccinate children 102 penalty 102, 104 physicians, vaccination by 102 postponement when 101 record report 97 vaccinating officers 94 VARICELLA, DECLARED COMMUNICABLE 85, 87 VARIOLA, DECLARED COMMUNICABLE 85, 87 123 ^u. VARIOLOID, DECLARED COMMUNICABLE 85, 87 VENTILATION.. See Sanitary Condition of Buildings. VETERINARY PRACTICE. board of examiners 30P examination