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from any and all taxes whatsoever, and the payment of the principal and interest thereof shall constitute a charge upon the consolidated revenue of the Territory, other than that from the public domain.

§ 737. The treasurer, with the approval of the governor, may determine the denominations of such bonds to be issued under the authority of this chapter, and the place in which the principal and interest of such bonds, or any of them, shall be payable, and the period and method of their redemption.

§ 738. The treasurer may make such arrangement as he may deem advisable for enabling the holders of any such bonds to register the same either in Honolulu, Hawaiian Islands, or in London, England, or in Paris, France, or in the city of New York, in the State of New York, United States of America, or in the city of San Francisco, in the State of California, United States of America, or in the city of Boston, in the State of Massachusetts, United States of America, and to remove such bonds from the register of one city to the register of any of the other cities of registration, and also to transfer any of such bonds and to receive the interest payable thereon and repayment of the principal thereof in any foreign country.

§ 739. The said bonds, or the proceeds thereof, shall be exclusively devoted to the purposes for which the same are issued, as expressed in the act of the legislature under which the loan and the issue of the bonds are authorized.

§ 740. The treasurer, with the approval of the governor, may, from time to time, make such arrangements as may be necessary or proper for the sale or issue or guaranteeing of the whole or any part of the bonds authorized to be issued by this chapter.

Such arrangements may provide for the direct issue and sale of such bonds by the government itself or through the medium of some person or persons, syndicate, bank, or company.

§741. The said treasurer may also, with the approval aforesaid, grant a discount on any or all bonds issued under the authority of this chapter. $742. The said treasurer may also, with the approval aforesaid, pay a commission to any person or persons, syndicate, bank, or company for the sale or issue, or guaranteeing of the whole or any part of the bonds issued under this chapter.

Provided, however, that no commission shall be allowed upon any issue, sale, or guarantee of bonds of less than $100,000 in amount.

§ 743. All bonds issued under the provisions of this chapter shall be signed by the treasurer and by the registrar of public accounts, and be sealed with the seal of the treasury. Interest coupons attached to such bonds shall bear the signature or a printed, engraved, or lithographed facsimile of the signature of the treasurer.

§744. The power to issue bonds conferred by any act passed in conformity with this chapter shall not lapse or become void as the result of first issue, but may be exercised from time to time until the limit of the amount authorized has been reached.

§ 745. The discount which the treasurer is authorized by section 741 to grant on all bonds issued under the authority of this chapter shall not exceed three per cent.

§ 746. The commission which the treasurer is authorized to allow under section 742 shall not exceed (in addition to the discount before named) one per cent on the amount of such bonds so sold, issued, or guaranteed.

NOTE TO CHAPTER 55.

§§ 733-744 are S. L., 1896, act 71. §§ 745-746 are S. L., 1896, act 72.

[CHAPTER 56.]

[§§747-765.]

[CHAPTER 57.]
[§§ 766-771.]

[CHAPTER 58.]

[§§772-883.]

CHAPTER 59.

INTERNAL TAXES.

TAXATION DIVISIONS.

§ 804. For the purposes of taxation, the Territory shall be and hereby is divided into four divisions, viz:

1. The island of Oahu and all other islands of the group not herein enumerated, to be called the first division.

2. The islands of Maui, Molokai, Lanai, and Kahoolawe to be called the second division.

3. The island of Hawaii to be called the third division.

4. The islands of Kauai and Niihau to be called the fourth division.

ASSESSMENT AND OTHER DATES.

§ 805. January 1. All property, except growing rice, shall be assessed as of the first day of January in each year.

January 1. All personal and dog taxes shall be assessed as of, and be due and collectable on and after the first day of January in each year.

January 1-30. All taxpayers shall make returns of their property and the value thereof between the first and thirtieth days of January in each year.

March 31. All personal and dog taxes which shall remain unpaid on March thirty-first of each year shall thereby and thereupon become delinquent, and ten per cent of the amount thereof shall be added thereto and become due as a part thereof.

May 1. Growing rice shall be assessed as of the first day of May in

each year.

July 1-15. The assessment books shall be made up on or before July first, and shall be open to inspection from the first to the fifteenth of July of each year, notice of which shall be given.

July 1-20. In order to be entitled to appeal, any persons desirous and otherwise entitled to appeal from any assessment, shall file a notice of appeal at any time from the first to the twentieth of July of the year in which the assessment is made.

August 1-20. The tax-appeal court shall sit for the hearing of tax appeals between the first and twentieth of August of each year.

September 1. Tax lists shall be made up by assessors on September first, and all property taxes shall be payable on and after September first of each year, but may be received by the assessors at any earlier date after assessment.

September 1-November 15. From September 1 to November 15 of each year assessors shall attend at an advertised place for collection

of taxes, the advertisement to contain notice that taxes will be delinquent on November 15.

November 15. All property taxes which shall remain unpaid on November fifteenth of each year shall thereby and thereupon become delinquent, and ten per cent of the amount thereof shall be added thereto and become due as a part thereof.

December 1. On the first day of December of each year the assessor shall prepare and advertise in some newspaper, or post in not less than three public places in each district, the names of all delinquent taxpayers owning property in such district, and the amount due by each.

December 1-30. During December of each year each assessor shall advertise for tax returns to be made during the following January. The board of equalization shall also meet during December.

POLL TAX.

§ 806. An annual tax of one dollar shall be paid by every male inhabitant of this Territory between the ages of twenty and sixty years, unless exempted by law.

SCHOOL TAX.

§ 807. An annual tax of two dollars for the support of public schools shall be paid by every male inhabitant of this Territory between the ages of twenty and sixty years, unless exempted by law.

[§ 808.]

ROAD TAX.

§ 809. An annual road tax of two dollars shall be paid by every male inhabitant of this Territory between the ages of twenty and sixty years, unless exempted by law.

PROVISIONS FOR WORKING OUT CERTAIN TAXES.

§ 810. The taxes due from poll taxes, school taxes and road tax under this chapter may be worked out by the person taxed (in the discretion of the tax assessor) on the public roads of the district where he resides, under the direction of the road board of such district, but in the district of Kona, island of Oahu, under the direction of the road supervisor, at the rate of fifty cents a day for at least ten hours' work. The certificate of the chairman of such road board or of the road supervisor for the district of Kona, island of Oahu, that such taxes have been worked out shall exempt such person from arrest for nonpayment of taxes.

CART AND DRAY TAX.

§ 811. All carts, drays, wagons, brakes, or other vehicles used for the conveyance of freight or merchandise, shall be subject to an annual tax of two dollars each.

CARRIAGE TAX.

§ 812. All carriages, wagons, wagonettes, hearses, and omnibuses, drawn by one or more horses or mules, and used for the conveyance of

persons, shall be subject to an annual tax of five dollars each, to be paid by the owners thereof.

DISPOSITION OF ROAD TAX.

§ 813. The taxes received from road, cart, dray, and carriage taxes shall constitute the road taxes, and shall be expended in the making, maintaining, and repairing of the public roads and highways in the several road districts wherein the same are collected, and shall not be expended in any other district.

All road taxes collected hereunder shall be paid by the assessor into the public treasury; and the amount so paid in from each road district shall be a special deposit in the treasury to the credit of such road district, to be paid out only upon the order of the chairman of the road board of such district, or such other officer as may be by law authorized to draw the same. The treasurer shall under no circumstances allow these special deposits, or any part thereof, to be used for any other purpose than to pay drafts which may be drawn thereon by the chairman of the respective road boards, unless otherwise directed by law.

DOG TAX.

§ 814. All male animals of the dog kind shall be subject to an annual tax of one dollar each, and all female animals of the dog kind shall be subject to an annual tax of three dollars each, to be paid by the owner thereof.

Any person having the custody or possession of, or who shall harbor any dog, male or female, shall be deemed the owner thereof under the provisions of this chapter.

§ 815. Upon the receipt of said tax the assessor shall number and register the same to the owner, and shall also furnish the owner with a metallic tag for each dog with number and year marked thereon, charging therefor the sum of ten cents, which tag the owner shall attach to the neck of the dog by a collar.

§ 816. It shall be unlawful for any dog that is liable to taxation under the provisions of this chapter to run at large without a collar and tag as herein provided, and the chief sheriff and sheriff's, their several deputies, and every constable or member of the police force of the several divisions or districts of this Territory are hereby directed to seize every dog not wearing a tag, and to confine it in a suitable inclosure for two days, during which time it shall be subject to redemption by its owner by payment of the tax due, if any, and a penalty of fifty cents. All dogs not so redeemed within two days shall be sold by the chief sheriff or sheriff for the amount of the tax and penalty due, or as much more as can be obtained therefor, and if not so sold shall be immediately killed. Of the money so received the amount of the tax shall be paid into the treasury as a government realization, and the penalty of fifty cents shall be retained by the chief sheriff or sheriffs or their deputies to defray the expenses of collecting, feeding, and keeping such dogs.

Any person who shall use a tag not furnished in accordance with the provisions of this chapter, or who shall use the same tag during two consecutive years, or who shall counterfeit any dog tag, or who shall fraudulently remove a tag from the neck of any dog, shall be guilty of a misdemeanor.

REAL AND PERSONAL PROPERTY TAX.

§ 817. Except as herein provided, all real property and all personal property within the Territory shall be subject to an annual tax of one per cent upon the full cash value of the same.

DEFINITION OF REAL PROPERTY.

§ 818. The term "Real Property" for the purposes of this chapter shall mean and include all lands and town lots and house lots, with the buildings, structures, fences, wharves, improvements, and other things erected on or affixed to the same.

DEFINITION OF PERSONAL PROPERTY.

§ 819. The term "Personal Property" for the purposes of this chapter shall mean and include all household furniture and effects, jewelry, watches, goods, chattels, wares, and merchandise, machinery, Hawaiian ships or vessels, whether at home or aboard, all moneys in hand, leasehold and chattel interest in land and real property, franchises, patents, contracts, growing crops, public stocks and bonds not exempted by law from taxation, and all animals not herein specifically taxed.

BASIS OF VALUE FOR TAXATION.

§ 820. All real and personal property and the interest of any person in any real or personal property shall be assessed separately as to each item thereof for its full cash value.

Provided, however, That in all cases where real and personal property, or several classes or kinds or parcels of real or personal property respectively, are combined and made the basis of an enterprise for profit, the combined property forming such basis of such enterprise for profit shall be assessed as a whole on its fair and reasonable aggregate value.

In estimating the aggregate value of each such enterprise for profit there shall be taken into consideration the net profits made by the same, also the gross receipts and actual running expenses; and where it is a company being a corporation whose stock is quoted in the market, the market price thereof, as well as all other facts and considerations which reasonably and fairly bear upon such valuation.

In ascertaining the aggregate value of the property constituting an enterprise for profit for the purpose indicated by this section, there shall be excluded therefrom the value of shares in other Hawaiian corporations held or owned by such enterprise, and all property upon which specific taxes are levied.

And further provided, that when any real estate or house is leased or rented, the sum of eight years rental thereof shall be the assessment value of such real estate or house, unless such valuation shall be manifestly unfair or unjust.

INTEREST OF EACH PERSON ASSESSED SEPARATELY.

§ 821. The interest of every person in any property shall be separately assessed (except as herein provided in respect to shareholders in or members of companies), and every person shall be liable to taxation in respect of the full value of his interest in such property.

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