Sec. 3409. Name of special partner how used. The name of a special partner must not be used in the firm name of the partnership, unless it be accompanied with the word "limited."

CHAPTER 189.

REGISTRATION OF COPARTNERSHIPS.

Sec. 3410. Statement of formation. Whenever any two or more persons shall carry on business in this Territory in copartnership, it shall be incumbent on such persons to file in the office of the treasurer a statement of:

1. The names and residences of each of the members of such copartnership;

2. The nature of the business of such copartnership; 3. The firm name of the copartnership;

4. The place or places of business of the copartnership. Such statement shall be acknowledged by each of the partners before a notary public in the manner provided by law for the acknowledgment of deeds.

Sec. 3411. Statement of changes or dissolution. Whenever any change shall take place in the constitution of any such firm by the death or withdrawal of any member thereof, or by the addition of any member thereto, or by the dissolution thereof, a statement of such change or dissolution shall also be filed in the said office of the treasurer within one month from such change, death or dissolution, as the case may be.

Sec. 3412. Statements to be published. All such statements as are required to be made in the preceding sections shall also be published by the members of each copartnership at least twice in the Hawaiian and English languages, in any newspaper published in each county and city and county where said copartnership has a place for the transaction of business.

Sec. 3413. Record of statements. The treasurer shall cause a book to be kept in his office, in which shall be recorded the several particulars in this chapter before required to be filed

C

in his office; and which book shall be open for public inspection on payment of a fee of twenty-five cents for each inspection.

Sec. 3414. Fee for recording. There shall be paid to the treasurer a fee of fifty cents for each name so recorded as aforesaid.

Sec. 3415. Penalty for non-compliance. The members of every copartnership who shall neglect or fail to comply with the provisions of this chapter, shall severally and individually be liable for all the debts and liabilities of such copartnership and may be severally sued therefor, without the necessity of joining the other members of the copartnership in any action. or suit, and shall also severally be liable upon conviction to a penalty not exceeding five dollars for each and every day while such default shall continue.

Sec. 3416. Not applicable to corporations. Nothing in this chapter contained shall be deemed or construed to apply to corporations or incorporated companies.

Sec. 3417. Fees, government realizations. All fees received by virtue of this chapter shall be accounted for as part of the revenue of the Territory.

To PUNISH THE

ACT 124

AN ACT

MISREPRESENTATION OF MERCHANDISE, SHARES OF STOCK, BONDS, MORTGAGES, NOTES, CopartNERSHIP UNITS AND SERVICE.

Be it Enacted by the Legislature of the Territory of Hawaii:

SECTION 1. If any person, firm, corporation or association, or any employee thereof, in a newspaper, circular, form letter or other publication published, distributed or circulated in this Territory, or on any bill board, sign, card, label or other advertising medium displayed on, in or near a street, electric car, automobile, auto-truck, wagon, carriage, motorcycle, bicycle, show-case, store or other place in this Territory, knowingly

makes or disseminates, or causes to be made or disseminated, any statement or assertion of fact concerning the quantity, the quality, the method of production or manufacture, the cost of production, the cost to the advertiser or vendor, the present or former price, present or prospective value or the former, present or prospective earning power, or the reason for the price of such mechandise, shares of stock, bonds, mortgages, notes, copartnership units or service offered for sale or advertised by such person, firm, corporation or association, or concerning the inanner or source of production or purchase, or the possession or rewards, prizes or distinctions conferred on account of the purchase or possession of such merchandise, shares of stock, bonds, mortgages, notes, copartnership units or service, which statement or assertion has the appearance of an offer advantageous to the purchaser, and is untrue or calculated to mislead, the person or corporation or firm, or the member or members of a firm, or directors of a corporation, or directors or trustees of an association, causing such statement or assertion to be made or disseminated, also the employee or agent making or disseminating such statement or assertion, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be liable to a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00), or imprisonment for not more than one year, or both such fine and imprisonment, for each and every offense.

SECTION 2. This Act shall take effect and be in force from the date of its approval.

Approved this 20th day of April, A. D., 1915.

LUCIUS E. PINKHAM, Governor of the Territory of Hawaii.

ACT 221

AN ACT

RELATING TO COMPENSATION TO EMPLOYEES FOR PERSONAL INJURIES SUSTAINED IN THE COURSE OF THEIR EMPLOY

MENT.

Be it Enacted by the Legislature of the Territory of Hawaii:

I.

RIGHTS AND REMEDIES GRANTED AND
AFFECTED.

EMPLOYMENTS COVERED.

SECTION 1. This Act shall apply to any and all industrial employment, as hereinafter defined. If a workman receives personal injury by accident arising out of and in the course of such employment, his employer or the insurance carrier shall pay compensation in the amounts and to the person or persons hereinafter specified.

TERRITORIAL AND MUNICIPAL BODIES.

SECTION 2. This Act shall apply to employees (other than officials as hereinafter defined) of the Territory, and all counties, and all other political subdivisions within the Territory now existing or which may hereafter be created.

INJURIES NOT COVERED.

SECTION 3. No compensation shall be allowed for an injury caused (1) by the employee's wilful intention to injure himself or to injure another, or (2) by his intoxication. If the employer claims an exemption or forfeiture under this section the burden of proof shall be upon him.

RIGHT TO COMPENSATION EXCLUSIVE.

SECTION 4. The rights and remedies herein granted to an employee on account of a personal injury for which he is entitled to compensation under this Act shall exclude all other rights and remedies of such employee, his personal representatives, dependents, or next of kin, at common law or otherwise, on account of such injury.

Employers, who hire workmen within this Territory to work outside of the Territory, may agree with such workmen that the remedies under this Act shall be exclusive as regards injuries received outside this Territory by accident arising out of and in the course of such employment; and all contracts of hiring in this Territory shall be presumed to include such an agreement.

LIABILITY OF THIRD PERSONS.

SECTION 5. When any injury for which compensation is payable under this Act shall have been sustained under circumstances creating in some other person than the employer a legal liability to pay damages in respect thereto, the injured employee may, at his option, either claim compensation under this Act or obtain damages from or proceed at law against such other person to recover damages; and if compensation is claimed and awarded under this Act any employer having paid the compensation or having become liable therefor shall be subrogated to the rights of the injured employee to recover against that person, provided, if the employer shall recover from such other person damages in excess of the compensation already paid or awarded to be paid under this Act, then any such excess shall be paid to the injured employee less the employer's expenses and costs of action.

CONTRACTING OUT FORBIDDEN.

SECTION 6. No contract, rule, regulation, or device whatsoever shall operate to relieve the employer in whole or in part from any liability created by this Act.