durably painted, stamped, or marked thereon the true and appropriate name of such substance, in ordinary bold-faced capital letters, or whoever sells any such substance to consumers without delivering 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 punished by imprisonment of not more than sixty 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 coloring matter in the manufacture of butter.

NOTE TO CHAPTER 21.

§§ 177-181 are P. C., ch. 21, §§ 1-5. § 182 is S. L. 1896, act 32, repealing P. C., ch. 21, §§ 6-8. § 183 is P. C., ch. 21, § 9. § 184 is S. L. 1870, ch. 36, C. L., p. 543. 66 185-186 &re L. R., act 25. §§ 187-188 are S. L. 1892, ch. 84. False personation of an officer of the government, see P. L., § 250.

CHAPTER 22.
ARSON.

§ 189. Arson is a crime of willfully and maliciously burning the dwelling house of another.

§ 190. Whoever willfully and maliciously burns in the nighttime the dwelling house of another, in which there is at the time of such burning any occupant or inmate, is guilty of arson in the first degree, and shall be punished by death, or imprisonment at hard labor for life, in the discretion of the court.

§ 191. Whoever willfully and maliciously burns in the daytime or nighttime the dwelling house of another is guilty of arson in the second degree, and shall be punished by imprisonment at hard labor for life, or any number of years, in the discretion of the court.

§ 192. A malicious burning is the offense of burning a thing, whether that of the offender or another person, with intent to injure another, or without any legal or justifiable motive or object, and with a reckless disregard of the life, or personal safety, property, or legal rights, or interests of another, where the same are obviously, immediately, and imminently endangered by the burning.

§ 193. Where the thing burnt or attempted to be burnt is that of another than the offender, malice shall be presumed; where it is that of the offender, the malice must be shown.

§ 194. Whoever willfully and maliciously, or fraudulently burns in the night any building, vessel, or structure whatsoever, whether partly or wholly his own, or that of another, by the burning of which another might be injured, where the buildings, vessels, or structures burnt are, with their contents, of the value of one thousand dollars or more, is guilty of malicious burning in the first degree, and shall be punished by imprisonment for life at hard labor, or any number of years, in the discretion of the court.

§ 195. Where the burning mentioned in the preceding section is in the day, the offender is guilty of malicious burning in the second degree, and shall be punished by imprisonment at hard labor not more than ten years.

§ 196. Whoever willfully and maliciously, or fraudulently burns, either in the night or day, any building, vessel, or structure whatsoever, whether partly or wholly his own or that of another, by the burning of which another might be injured, where the buildings, vessels, or structures burnt are, with their contents, of the value of five hundred

dollars or over, and less than one thousand, is guilty of malicious burning in the second degree, and shall be punished by imprisonment at hard labor not more than ten years.

Where such value is less than five hundred dollars, it is a malicious burning in the third degree, and the offender shall be punished by imprisonment at hard labor not more than five years, or by fine not exceeding five hundred dollars, in the discretion of the court.

§ 197. Whoever willfully and maliciously burns any pile or parcel of wood, timber, or lumber, or any field, patch, stack, or parcel of grass, grain, cane, or other vegetable product, whether severed from the soil or not, or any standing trees, brush, or underwood, or other standing product of the soil of another, is guilty of a malicious burning in the third degree, and shall be punished by imprisonment at hard labor not more than five years, or by fine not exceeding five hundred dollars, in the discretion of the court.

§ 198. It shall be sufficient to constitute a burning, within the meaning of the provisions of this chapter, if any part of the building, structure, or other thing burnt, is on fire, though no part thereof is absolutely consumed.

§ 199. The provisions of this chapter shall apply to a married woman, equally with any other person, though the property burnt or set fire to may belong partly or wholly to her husband.

NOTE TO CHAPTER 22.

§§ 189-190 are P. C., ch. 22, §§ 1-2. § 191 is S. L., 1882, ch. 5, C. L., p. 658. §§ 192–199 are P. C., ch. 22, §§ 4-11.

Cases in Hawaiian Reports: King v. John Brown, 3 Haw., 114; R. v. Lau Chew, 8 Haw., 370; Rep. v, Saku, 9 Haw., 548.

CHAPTER 23.

MALICIOUS INJURY.

§200. Whoever negligently or maliciously destroys or injures any real or personal property of another, or injures or disturbs another in any of his rights or privileges of person or property shall be deemed guilty of malicious injury and shall be punished by imprisonment at hard labor not more than two years, or by fine not exceeding one thousand dollars.

§201. An act done in the fair exercise, assertion, or vindication in good faith of a supposed legal right, shall not be punishable as malicious injury, but the question of good faith is for the magistrate or jury to determine.

§ 202. If any dog shall injure or destroy any sheep or cattle, goats, hogs, fowls, or other property belonging to any person other than the owner of such dog, the owner shall be liable in damages to the person injured for the value of the property so injured or destroyed, and it shall be the duty of the owner to confine or destroy such dog, and if he neglect or refuse to do so he shall, in the event of any further damage being done to the person or property of any person by such dog, in addition to paying the person injured for such damage, pay the costs of the trial, together with a fine of ten dollars, or in default of the payment of such fine, be imprisoned at hard labor for the term of thirty days, and it shall be lawful for any other person to destroy said dog.

NOTE TO CHAPTER 23.

§§ 200-201 are S. L., 1896, act 35, repealing P. C., ch. 23, §§ 1–8. § 202 is P. C., ch. 23, § 9.

Cases in Hawaiian Reports: R. v. Wansey, 8 Haw., 116; R. v. Saku, 9 Haw., 548.

CHAPTER 24.

CRUELTY TO ANIMALS.

§ 203. If any person shall overdrive, overload, torture, torment, deprive of necessary sustenance, or cruelly beat or needlessly mutilate or kill, or cause or procure to be overdriven, overloaded, tortured, tormented, or deprived of necessary sustenance, or to be cruelly beaten, or needlessly mutilated or killed, as aforesaid, any living creature, every such offender shall, for every such offense, be guilty of a misdemeanor. § 204. Any person who shall keep or use, or in any way be connected with or interested in the management of, or shall receive money for, the admission of any person to any place kept or used for the purpose of fighting or baiting any bull, bear, dog, cock, or other creature, and every person who shall encourage, aid, or assist therein, or who shall permit or suffer any place to be so kept or used, shall, upon conviction thereof, be adjudged guilty of a misdemeanor.

§ 205. Any poundmaster who shall receive into his pound any creature shall supply the same, during such confinement, a sufficient quantity of good and wholesome food and water, and in default thereof shall, upon conviction, be adjudged guilty of a misdemeanor.

§ 206. If any person shall carry or cause to be carried, in or upon any vehicle or other conveyance, any creature in a cruel or inhuman manner, he shall be guilty of a misdemeanor.

§ 207. Every person who shall willfully set on foot, or instigate, or move to, or carry on, or promote, or engage in, or do any act towards the furtherance of any act of cruelty to animals shall be guilty of a misdemeanor.

§ 208. Any person who shall sell or offer for sale, or use, or expose, or who shall cause or procure to be sold, or offered for sale, or used, or to be exposed, any horse or any other animal having the disease known as glanders, or farcy, or any other contagious or infectious disease, known by such person to be dangerous to human life, or which shall be diseased past recovery, shall be guilty of a misdemeanor.

§ 209. The agent of any society which shall be formed or incorporated for the prevention of cruelty to animals, upon being appointed thereto by the president of such society, in any district in this territory, may within such districts make arrests and bring before any district magistrate thereof offenders found violating the provisions of this chapter, to be dealt with according to law.

§ 210. Any officer, agent, or member of such society may lawfully interfere to prevent the perpetration of any act of cruelty upon any animal in his presence. Any person who shall interfere with or obstruct any such officer, agent, or member in the discharge of his duty shall be guilty of a misdemeanor.

§ 211. When any person arrested is at the time of such arrest in charge of any vehicle drawn by or containing any animal, any agent of such society may take charge of such animal and of such vehicle and its contents, and deposit the same in a safe place of custody, or deliver the same into the possession of the police or sheriff of the place wherein such arrest was made, who shall thereupon assume the custody thereof. § 212. Upon complaint under oath to any district magistrate authorized to issue warrants in criminal cases that the complainant has just and reasonable cause to suspect that any of the provisions of law relating to or in anywise affecting animals are being or are about to be violated in any particular building or place, such magistrate shall immediately issue and deliver a warrant to any person authorized by

law to make arrests for such offenses, authorizing him to enter and search such building or place and to arrest any person there present found violating any of said laws, and to bring such person before the nearest magistrate of competent jurisdiction, to be dealt with according to law.

§ 213. In this chapter, and in every law passed, or which may be passed, relating to or affecting animals, the singular shall include the plural. The words "animal" or "dumb animal" shall be held to include every living creature; the words "torture," " torment,” or "cruelty" shall be held to include every act, omission, or neglect whereby unjustifiable physical pain, suffering, or death is caused or permitted; and the words "owner" and "person" shall be held to include corporations as well as individuals.

§ 214. Any person convicted under the provisions of this chapter shall forfeit and pay any sum not exceeding twenty dollars, or be imprisoned, with or without hard labor, not exceeding one month, or be punished by both such fine and imprisonment.

NOTE TO CHAPTER 24.

§§ 203-213 are S. L. 1884, ch. 51, repealing P. C., ch. 24. § 214 is S. L. 1886, ch. 13. Cases in Hawaiian Reports: King v. Tai Wa, 5 Haw., 598.

CHAPTER 25.

FELONIOUS BRANDING OF CATTLE.

§ 215. Whoever shall willfully and feloniously brand, or otherwise mark, any kine, horse, mule, sheep, goat, or other cattle belonging to another, with his mark, or with the mark of another not the owner of the animal so branded or marked, with the intent to convert it to his own use, or to the use of another, shall be punished by a fine not exceeding one hundred dollars for each kine, horse, mule, sheep, goat, or other cattle thus branded or marked; and in addition to such fine, he shall restore the cattle or the value thereof to the lawful owner. default of the payment of such fine and the restoration of the cattle or the value thereof, or either, the offender shall be punished by imprisonment at hard labor not more than two years.

NOTE TO CHAPTER 25.

ó 215 is P. C., ch. 25, unaltered.

Cases in Hawaiian Reports: Davis v. Green, 2 Haw., 367.

CHAPTER 26.

RIDING AND DRIVING.

In

$216. Whoever furiously, or heedlessly of the safety of others, rides any horse or other animal, or drives or conducts any vehicle, and thereby imminently endangers the personal safety of any person, shall be punished by a fine not less than five dollars nor exceeding five hundred.

§ 217. Whoever furiously, or heedlessly of the safety of others, rides any horse or other animal, or drives or conducts any vehicle, though at the time the personal safety of any person be not endangered thereby, shall be punished by fine not less than five dollars nor exceeding one hundred.

$218. Whoever drives, leads, or otherwise conducts any wild bull, bullock, cattle, or other ferocious or dangerous animal in the street of

any village, or in any place of public resort, shall, in case the personal safety of any person is thereby imminently endangered, be punished by fine not less than five dollars nor exceeding five hundred; or in case the personal safety of any person is not so endangered, by a fine not less than five dollars nor exceeding one hundred.

§219. Whoever frightens, exasperates, or animates a horse or other animal, and thereby endangers the personal safety or the personal property of any person, or of the animal itself, being that of another, shall be punished, in case the personal safety of any person is thereby imminently endangered, by fine not less than five dollars nor exceeding five hundred, otherwise by fine not less than five dollars nor exceeding one hundred.

§220. Whoever is convicted of either of the offenses specified in the preceding sections, committed after a previous conviction and sentence for either of such offenses, shall be punished, in addition to the fine imposed, by imprisonment at hard labor not exceeding six months.

§221. No dray used for the carriage of goods or freight of any description within the district of Honolulu, shall, whether laden or unladen, be driven at a faster pace than a walk.

LIGHTS.

§ 222. The driver of every vehicle which shall be driven after dark within the said district of Honolulu shall cause a sufficient light or lights to be kept burning on every such vehicle during the hours of darkness.

§ 223. Any person violating the provisions of sections 221 or 222 shall, on conviction before the district magistrate of Honolulu, be fined in a sum not exceeding ten dollars for every such offense.

§ 224. The driver of every vehicle used for pleasure, the carrying of passengers, transporting of freight, or for any other purpose, which shall be driven upon any public street, road, or highway of the Territory, shall cause a suitable light or lights to be kept burning on every such vehicle during the hours of darkness.

Any person violating the provisions of this section shall, upon conviction before any district magistrate, be fined in a sum not exceeding ten dollars.

§ 225. The rider and user of every bicycle or tricycle or vehicle of a similar nature which shall be ridden or used within the district of Honolulu after dark shall cause a sufficient light or lights to be kept burning on every such vehicle during the hours of darkness.

Any person violating the provisions of this section shall, upon conviction before the district magistrate of Honolulu, be fined in a sum not exceeding ten dollars for every such offense.

NOTE TO CHAPTER 26,

§§ 216-220 are P. C., ch. 26, §§ 1-5; §§ 221-233 are S. L., 1880, ch. 43; C. L., p. 619; § 224 is S. L., 1892, ch. 11; § 225 is S. L., 1892, ch. 28.

Cases in Hawaiian Reports: Cummins v. Sumner, 3 Haw., 170; R. v. Wall, 7 Haw., 760; Williams v. Pantheon Stables, 8 Haw., 171; P. G. v. Tam Sing, 9 Haw., 284; Re Tramways Co., 9 Haw., 281.

CHAPTER 27.

PERJURY.

§ 226. Perjury is willfully, knowingly, and falsely stating, verbally or in writing, some material fact on oath where the oath is required or authorized by law.