CHAPTER 3. CONSTRUCTION OF LAWS. $ 9. The words of a law are generally to be understood in their most known and usual signification, without attending so much to the literal and strictly grammatical construction of the words as to their general or popular use or meaning. 10. Where the words of a law are dubious, their meaning may be sought by examining the context, with which the ambiguous words, phrases, and sentences may be compared, in order to ascertain their true meaning. § 11. Laws in pari materia, or upon the same subject-matter, must be construed with reference to each other; what is clear in one statute may be called in aid to explain what is doubtful in another. § 12. One of the most effectual ways of discovering the true meaning of the law, when its expressions are dubious, is by considering the reason and spirit of it, or the cause which induced the legislature to enact it. § 13. When the words of a law are ambiguous, every construction which leads to an absurdity should be rejected. §14. Every word importing the singular number only may extend to and embrace the plural number; and every word importing the plural number only, may be applied and confined to the singular number as well as the plural; and every word importing the masculine gender only, may extend to and include females as well as males. $15. Each of the terms or and and has the meaning of the other or both, when the subject-matter, sense, and connection require such construction. 16. The word person, or words importing persons, for instance, another, others, any, anyone, anybody, and the like, signify not only persons, but corporations, societies, communities, assemblies, inhabitants of a district, or neighborhood, or persons known or unknown, and the public generally, where it appears, from the subject-matter, the sense, and the connection in which such words are used, that such construction is intended. § 17. The word month shall be construed to mean a calendar month, unless otherwise expressed; and the word year, a calendar year, unless otherwise expressed. § 18. The word oath shall be construed to include affirmation, when made by one alleging himself to be a member of the Society of Friends. NOTE TO CHAPTER 3. SS 9-13 are C. L. SS 9-13. §§ 14-18 are C. L. SS 15-19. Cases in Hawaiian Reports: Chapin v. Tisdale, 5 Haw., 53; Grieve v. Gulick, 5 Haw., 74; Castle v. Luce, 5 Haw.. 322; Lloyd v. Kalama, 8 Haw., 359; Day v. . Day, 8 Haw., 720; Defries v. Cartwright, 10 Haw., 249. CHAPTER 4. REPEAL OF LAWS. 19. The repeal of any law shall not be construed to revive any other law which has been repealed, unless it be so clearly expressed. Laws may be repealed either entirely or partially by other laws. 20. The repeal of a law is either express or implied; it is express when it is literally declared by a subsequent law; it is implied when the new law contains provisions contrary to, or irreconcilable with, those of the former law. § 21. The repeal of any law shall in no case affect any act done, or any right accruing, accrued, acquired, or established, or any suit or proceeding had or commenced in any civil case, before the time when said repeal shall take effect. § 22. No suit or prosecution pending at the time of the repeal of any law, for any offence committed, or for the recovery of any penalty or forfeiture incurred under the law so repealed, shall in any case be affected by such repeal. S$ 19-22 are C. L. SS 20-23. NOTE TO CHAPTER 4. Cases in Hawaiian Reports: Norton v. Paahana, 3 Haw., 300; R. v. Yung Hong, 7 Haw., 361; Govt. v. Ah Hun, 9 Haw., 98. TITLE II. [CHAPTER 6. CHAPTER 6. GENERAL REGULATIONS FOR DEPARTMENTS. BONDS. § 25. In every case where bonds for the faithful performance of duty are not already required by law of officers or employees in any department or bureau of the government, the head of the department or of the bureau, as the case may be, may require every such officer or employee to give a bond for the faithful performance of his duties. § 26. Whenever any such bond shall be required by the head of a department, the amount of the penalty and the conditions of the bond shall be such as the head of the department shall deem proper. And when any such bond is required by the head of a bureau, the amount of the penalty and the conditions of the bond shall be such as the head of the bureau, with the approval of the head of the department, shall deem proper. § 27. All such bonds heretofore given are hereby ratified and confirmed. SALARIES AND FEES. § 28. In case any officer, agent, employee, or other person in the public service shall be indebted to the government, or to any of the departments thereof, his salary or compensation shall be withheld by the head of the proper department, or the officer authorized to settle his accounts, until such indebtedness be fully paid and discharged. $29. All official and departmental fees received underthe provisions of this code shall be accounted for and paid over into the public treasury, except fees designated and intended to be applied in compensation of the officers receiving the same. And no public officer in receipt of a salary for his services shall receive any other or further compensation therefor, unless specially allowed by law. [SS 30-33.] NOTE TO CHAPTER 6. 88 25-27 are L. R. Act. 9. $28 is C. L., §515. §29 is C. L., §1494. 15 [TITLE III.] [CHAPTER 7.] [CHAPTER 8.] CHAPTER 9. NATIONAL GUARD. $65. The governor shall be the chief administrative (fficer of the military forces of the Territory of Hawaii. He shall have the supervision of the expenditure of the appropriation for the support of the military, and shall be responsible therefor. He is authorized to establish and prescribe such rules and regulations, not inconsistent with the provisions of the law, as he may deem proper for the use, government, and instruction of the national guard, and to carry into effect the provisions of the law relative thereto, and upon promulgation they shall have the same force as law. He is authorized to appoint and convene general courts-martial, and to review the findings of general and regimental courts-martial, and to modify, reverse, or confirm the same. [$66.] $67. The organized and uniformed military force of the Territory of Hawaii is known as the national guard of Hawaii. This force shall consist of not less than four companies, which may be organized by order of the commander in chief, and must be located throughout the islands with reference to the military wants thereof, means of concentration, and other military requirements. Provided, however, that the commander in chief may organize bodies of sharpshooters, which shall not be a part of the national guard of Hawaii, but shall be entitled to similar immunities, and in time of peace shall be subject only to such laws and regulations as may from time to time be prescribed for their government by the commander in chief. § 68. The military forces of the Territory of Hawaii shall be organized into companies, battalions, and regiments, and shall consist as follows: Companies shall consist of not less than forty nor more than one hundred and three officers and enlisted men. They shall be organized with one captain, one first lieutenant, and one second lieutenant, and not less than thirty-seven nor more than one hundred enlisted men. Battalions shall consist of two or more companies. Regiments shall consist of two or more battalions. § 69. The field officers of a regiment shall be one colonel, one lieutenant-colonel, with one major for each battalion. The staff of the commanding officer of a regiment shall consist of one surgeon with the rank of major, one adjutant, one quartermaster, one ordnance officer, and one chaplain, each with the rank of captain, who are appointed by the commanding officer and hold office at his pleasure or until their successors are appointed and qualified. There shall also be a surgeon appointed for each battalion, with the rank of captain, and an adjutant with the rank of first lieutenant. The noncommissioned staff consists of one regimental sergeantmajor, one sergeant-major for each battalion, one quartermaster sergeant, one ordnance sergeant, one commissary sergeant, two color sergeants, and one chief musician with the rank of sergeant-major. § 70. The governor is the commander in chief of the national guard. $71. The staff of the commander in chief may consist of one adjutant with the rank of lieutenant-colonel, two majors, and such aides as he may deem necessary, with the rank of captain, to hold office at his pleasure. § 72. The commander in chief is authorized and has power to establish and prescribe such rules and regulations, forms, and precedents, not inconsistent with the provisions of the laws, as he may deem proper for the use, government, and instruction of the national guard, and to carry into full effect the provisions of the laws relative thereto. Such rules, regulations, forms and precedents shall, from time to time, be revised as may be deemed necessary, and shall be promulgated in orders and compiled in such form as may be deemed advisable for the information of the national guard, and shall have the same force as though prescribed by law. § 73. All commissioned officers of the national guard and sharpshooters shall be commissioned by the commander in chief, but he may refuse to issue a commission to any officer elected or appointed if in his opinion the person elected or appointed is in any way unqualified or unworthy to be an officer in the national guard. § 74. The commander in chief shall have authority to appoint and commission officers on active service in case of vacancies. The commission of any officer called into active service continues until he is discharged by order of the commander in chief. Any officer while on active service shall be subject to removal by order of the commander in chief. § 75. Vacancies in elective offices of the national guard, not in active service, are filled by election. When vacancies occur at any election through the promotion of any officer, such vacancies may then and there be filled without further order. Elections of all commissioned officers of companies not on active service must be by ballot, and shall be presided over by an officer appointed for that purpose by the commander in chief, and such presiding officer shall, if the election be for company officers, give at least seven days' notice of his appointment to all parties interested by causing the order appointing him to be posted in the armory and read to the company. If for field officers, at least fourteen days' notice by publication in some newspaper published in Honolulu. He shall within three days following the election report the result of said election to the commander in chief. In all elections for commissioned officers a majority of the votes of those present shall be necessary to a choice. In order to the validity of such election there must be present at least a majority in number of those entitled to vote. In elections of field officers, field and line officers are entitled to vote. Field officers hold office for two years, or until their successors are duly qualified. Line officers hold office for one year, or until their successors are duly qualified. 76. Every elected line officer of the national guard must, on his |