memorial, pending or about to be brought before any court, jury, arbitrator, officer, person, board, or body having according to law or the agreement of parties authority to proceed therein.

NOTE TO CHAPTER 32.

§§ 299-304 are P. C., ch. 32, §§ 1-6. §§ 305-306 are S. L. 1884, ch. 11. §§ 307–311 are P. C., ch. 32, §§ 9-13.

Cases in Hawaiian reports: Waterhouse v. Spreckels, 5 Haw., 246; King v. Gibson, 6 Haw., 310; Govt. v. Smith, 9 Haw, 178-257.

CHAPTER 33.

AFFRAY.

§ 312. An affray is the fighting of two or more persons in a public place, and includes any prize fight or other premeditated contention, where no weapons are used. Whoever takes part in, encourages, or promotes an affray, or is willfully present as a spectator at any prize fight or other premeditated contention, shall be punished by fine not exceeding five hundred dollars or by imprisonment at hard labor not more than six months.

NOTE TO CHAPTER 33.

§312 is S. L. 1896, act 26, repealing P. C., ch. 33.

CHAPTER 34.

DRUNKENNESS-BLASPHEMY-PROFANITY.

§ 313. Whoever is found drunk in any street, road, or other public place, from the voluntary use of any intoxicating liquor, shall, on the first conviction for such offense, be punished by a fine not exceeding six dollars, and on any conviction for any like offense committed after the first conviction by a fine not exceeding twelve dollars or by imprisonment at hard labor not more than three months; but no prosecution for such offense shall be sustained unless it shall be commenced within six days after the commission thereof.

[§ 314.]

$315. It shall be unlawful for any person to use vulgar, profane, or obscene language in any street, highway, store, shop, or other public place or place of public resort. Any violation of this section shall be punished by a fine of not more than twenty dollars or by imprisonment at hard labor of not more than one month.

NOTE TO CHAPTER 34.

§ 313 is S. L. 1876, ch. 4, C. L., p. 573. § 315 is S. L. 1892, ch. 64. Case in Hawaiian Reports: R. v. Ben, 10 Haw., 278.

CHAPTER 35.

VIOLATING THE SABBATH.

§ 316. Whoever willfully interrupts or disturbs any religious assembly or assembly for religious worship, whether such offender commit such offense within or without the place of assembly and whether such offense be committed on the Lord's day or at any other time, shall be punished by imprisonment at hard labor not more than thirty days, or by fine not exceeding fifteen dollars, in the discretion of the court.

§ 317. All labor on Sunday is forbidden, excepting works of necessity or mercy, in which are included all labor that is needful for the good order, health, comfort, or safety of the community, or for the protection of property from unforeseen disaster, or danger of destruction or injury, or which may be required for the prosecution of or attendance upon religious worship, or for the furnishing of opportunities of reading or study: Provided, however, That on Sunday until nine o'clock in the morning barber shops may be kept open and fresh meat and fresh fish may be sold and delivered; that until nine o'clock in the morning and after three o'clock in the afternoon milk may be delivered and cattle, sheep, and swine may be slaughtered; that during the entire day meals may be sold to be eaten on the premises where sold or served elsewhere by caterers; drugs, medicines, and surgical appliances may be sold; personal baggage may be conveyed to and from vessels leaving and arriving at port on that day; that the railroads may on Sunday carry passengers to connect with the steamers and public carriages; horse cars and licensed shoreboats may convey passengers for hire, and that all labor which may be lawfully performed on Sunday shall be conducted, as far as possible, so as not to interfere with the right of the community and of each individual to quiet and repose.

§ 318. All public amusements, sports, shows, and games on Sunday are hereby forbidden, and no one shall so prosecute or take part in any recreation, amusement, sport, or game not of a public character, on Sunday, in such a manner as to interfere with the right of the community and of each individual to quiet and repose.

§ 319. Any person violating any of the provisions of sections 317 or 318 shall, on conviction, be fined not over fifty dollars or be imprisoned not over thirty days.

§ 320. No person shall serve or execute any civil process on Sunday, and any such service or execution shall be void.

§ 321. Sunday within the meaning of the provisions of this act is the first day of the week, and includes the time between the midnight preceding and the midnight following the same day.

§ 322. No keeper of a victualing house, restaurant, or coffee shop shall keep his house, restaurant, or coffee shop open after seven o'clock on Sabbath afternoon.

§ 323. Anyone violating section 322 shall be fined, on conviction before any district magistrate, not more than one hundred dollars nor less than twenty dollars for each offense, in the discretion of the court.

NOTE TO CHAPTER 35.

316 is P. C., ch. 35, § 1. §§ 317-321 are S. L. 1886, ch. 53. §§ 322-323 are S. L. 1872, ch. 4, C. L., p. 553.

Case in Hawaiian Reports: Hubertson v. Cole, 1 Haw., 44.

CHAPTER 36.

COMMON NUISANCE.

§ 324. 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 without 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 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 endangered by deleterious exhalations, noisome vapors, hideous, alarming, or disgust ing sights, intolerable noise, or otherwise:

By spreading or endangering the spreading of the smallpox, or other infectious disease; by carrying an infected person or causing him to pass through a frequented street; by opening a hospital or pesthouse so as to endanger neighbors or the passers-by in a frequented street or otherwise:

Making or storing gunpowder in or near a populous, or public, or frequented place without authority therefor, or the otherwise making or storing the same contrary to law:

Making loud and troublesome noises by night:

Keeping animals that disturb the neighborhood by night:
Permitting ferocious or dangerous animals to go abroad:
Keeping a bawdyhouse.

Open lewdness or lascivious behavior, or indecent exposure.
Keeping a common gambling house.

Keeping a disorderly house, to the public disturbance and annoyance. § 325. Occasioning a groundless fear or merely a trivial annoyance or inconvenience is not a common nuisance. Whether the act or thing is really so hurtful or prejudicial to others as to render it a common nuisance is a question of fact to be determined by the jury, court, or magistrate called to pass upon the same.

§ 326. Where only a few persons, of many who are equally exposed, are, owing to their peculiarity of temperament, or to infirmity, annoyed by an act or thing, the same is not a nuisance.

As where the noise of a tinman's shop annoys but a few of many persons equally within hearing.

§ 327. Obstructing a highway, channel, entrance to a harbor, harbor town, navigable stream, or public place, without just cause, is a common nuisance.

As by digging a ditch, laying logs, erecting a gate, or placing any other impediment in a highway.

By leaving carts or other vehicles standing in the highway an unreasonable time.

By using the highway as a timber yard, or a yard to a storehouse, or as a place to dry hides.

By erecting or maintaining a building, fence, or structure within the limits of a highway or a public place.

By overflowing a highway.

By rapid or unskillful driving, or driving an unmanageable team on the highway, and thereby endangering life.

By tying horses or other animals in the public streets for the purpose of grazing.

§ 328. Reasonable use of a highway as such is not a common nuisance. As, for example, unloading wood to put the same into a house standing near the highway, if it does not occupy an unreasonable portion of the highway, and is not left for an unseasonable or for an unreasonable time.

§ 329. The firing, letting off, or throwing of any rockets, squibs, crackers, or other fireworks in or near to frequented public highways or places of common resort, or the dwellings of others, or otherwise, to

the annoyance and endangering of persons, or the endangering the destruction of or injury to property, is a common nuisance, except the same are fired, let off, or thrown by license of the district magistrate of the town, and in conformity with such license.

§ 330. The importing, printing, publishing, selling, offering for sale, putting into circulation, distributing, lending, exhibiting publicly, or introducing into any family, school, or place of education any obscene picture or pamphlet, sheet, or other thing containing obscene language, obscene prints, figures, description, or representations manifestly tending to the corruption of the morals of youth or of morals generally; or buying, procuring, receiving, or having in possession any such picture, book, pamphlet, sheet, or other thing, with intent to sell, circulate, distribute, lend, or exhibit the same, or to introduce the same into any family, school, or place of education, is a common nuisance.

§ 331. The offense of common nuisance is of two degrees, and the degree is to be found by the jury, or determined by the court or magistrate authorized to decide on the facts; and so also the degree is to be determined by the court before which proceedings are had, where the facts charged are admitted by plea or otherwise.

§ 332. Whoever is guilty of the offense of common nuisance in the first degree, for which punishment is not otherwise expressly provided by statute, shall be punished by imprisonment at hard labor not more than six months, or by fine not exceeding five hundred dollars.

§ 333. Whoever is guilty of the offense of common nuisance in the second degree, for which punishment is not otherwise expressly provided by statute, shall be punished by imprisonment at hard labor not more than two months, or by fine not exceeding twenty-five dollars.

§ 334. Where the lessee of a building makes the same a bawdyhouse, the lease or contract for letting the same shall at the option of the lessor become void, and the lessor shall thereupon have a like remedy for recovering possession, as against a tenant holding over after the expiration of his term; and, moreover, shall be entitled to rent for the whole term.

§ 335. Any district magistrate may issue a search warrant for the purpose of searching for any obscene books, pamphlets, pictures, or other things containing obscene language, prints, pictures, figures, or descriptions manifestly tending to the corruption of the morals of youth; and all such things as may be found by any officer in executing such warrant, or that may otherwise come to the possession of any officer, shall be safely kept, so long as shall be necessary for the purpose of being used as evidence in any case, and as soon as may be afterwards shall be destroyed by order of the court before whom the same shall be brought.

OBSTRUCTION OF STREETS.

§ 336. No person shall place, leave, or deposit in any street, lane, or alley, or upon any side or cross walk, or upon any public wharf in the city of Honolulu, or in the towns of Lahaina, Hilo, Wailuku, or Kahului, any goods, wares, or merchandise, or any substance or material whatever, except as hereinafter permitted.

§ 337. No person shall hang, suspend, place, construct, or cause or permit to grow over any such street, lane, or alley, side or cross walk, or wharf, any sign, awning, frame, balcony, tree, bush, vine, provided such tree, bush, vine, or other growth shall obstruct the street, or any other projection whatever, except as hereinafter permitted.

§ 338. No person shall dig any such street, lane, alley, side or cross

walk, or wharf, or remove or carry away any dirt, soul, plank, paving or flagging stone, or other material of which the same may be constructed, or take up or disturb any such plank, paving or flagging stone, except as hereinafter permitted.

§ 339. No person shall erect or place in or upon any such street, lane, alley, side or cross walk, or wharf, any hitching post, telegraph or telephone poles, or flagstaff, or other structure, except as hereinafter permitted.

§ 340. Any person who shall do any of the acts prohibited by either of the foregoing four sections shall, upon conviction thereof, be fined not less than five dollars nor more than twenty-five dollars for each and every offense.

§ 341. The road supervisor shall notify any person who shall have placed, left, or deposited any substance or material contrary to the provisions of section 336, or who shall have hung, suspended, placed, constructed, or permitted to grow, any projection or article contrary to the provisions of section 337 to remove the same, and the person so notified shall forfeit and pay a penalty of five dollars for every twenty-four hours that the same shall remain after such notice shall have been given. § 342. The road supervisor may grant permission in writing to any person about to erect any building to occupy a portion of the street and sidewalk in front of the lot upon which such building is about to be erected, not exceeding one-half of the width of the street and one-half of the width of the sidewalk, for a reasonable time during the erection of such building. Such permission shall not be granted for a longer period of time than two months, but may be extended by the superintendent of public works and may be revoked at any time by him if it shall be found to create a serious obstruction of the street or sidewalk. When the time limited in such permission shall have expired, or such permission shall have been revoked, the person to whom such permission shall have been granted shall cause all materials placed by him, and remaining in the street or upon the sidewalk pursuant to such permission, to be removed within five days, and in default thereof shall be liable to a penalty of five dollars for every day that the same shall remain thereafter. Any person so occupying any portion of such road or sidewalk shall place and maintain such lights near the obstruction as will prevent accidents.

§ 343. Any person may leave any goods, wares, or merchandise, which shall be about receiving or delivering, for a period of time not exceeding three hours, upon the sidewalk in front of his building, such goods, wares, and merchandise not to cover more than two-thirds of the width of the sidewalk and not to be piled up to a greater height than four feet.

§ 344. Signs securely fastened to the building may be suspended over the sidewalks not extending more than three feet from the building, at a clear height above the sidewalk of not less than eight feet.

§ 345. Awning supported by iron framework securely fastened to the building in front of which such awning shall be placed, every part of which framework shall be at least eleven feet above the sidewalk, extending to the outer edge of the same: Provided, however, That in case such balconies or verandahs shall not reach as far as the edge of the sidewalk they shall be supplemented by an additional roof or awning extending as far as the edge of the sidewalk, not more than the width of such sidewalk; and in case the awning is suspended from such frame it shall be suspended on a line with the outer edge of the sidewalk.

On streets not less than fifty feet in width balconies or veran