dahs may be constructed, no part of which shall be less than eleven feet above the sidewalk. In no case shall such balcony or verandah exceed six feet in width, and in all cases the plans therefor shall be first approved by the superintendent of public works or his agent.

§ 346. Posts for the purpose of hitching horses or other animals may be placed at the outer edge of the sidewalk or on the edge of the road in front of any building, and such posts shall be not more than four feet in height.

§ 347. The superintendent of public works may grant permission to place, plant, or set out ornamental or shade trees within any sidewalk not more than one foot from the outer edge thereof, and may grant per mission to erect flagstaffs, telegraph or telephone poles in any or all of the streets or roads as may be for the public convenience; and the said superintendent is hereby authorized to make regulations for the placing and erecting of the same, and such regulations must be strictly complied with by any person, firm, or corporation to whom such permission shall be granted.

§ 348. The road supervisor may grant permission to any person, firm, or corporation to dig up the sidewalk and street in front of his or their lot or building for the purpose of making a connection with any water or gas main or public sewer, or for other purposes. The person, firm, or corporation to whom such permission shall be granted shall, within twenty-four hours from the time the work is commenced, finish the same, and refill, replace, rebuild, and relay the street and sidewalk taken up or disturbed by him, in a substantial and workmanlike manner, and leave the same in as good condition as it was when said permission was granted. If any excavation made for the purposes mentioned in this section shall remain open at night, the party having the permission shall place and maintain such light or lights near the opening as will prevent accidents.

§ 349. Goods, wares, and merchandise may be placed or piled upon any wharf in such manner as shall be most convenient, provided that suitable and convenient roadways and means of access are left open and the said goods, wares, and merchandise are not so placed or piled as to be dangerous to any person going to or upon said wharf, or dangerous to said wharf, and the harbor master is authorized to regulate such placing or piling; and any person placing or piling the same in a manner contrary to the direction of the harbor master shall be liable to a penalty of five dollars for each and every offense and the same penalty for each day during which each such offense is continued.

§ 350. If any person who shall have received the notice provided in section 341 shall not comply with such notice for the space of twentyfour hours, the road supervisor may remove the obstruction at the expense of such person, and such person shall be liable for the cost of such removal in addition to the penalty provided in such section.

§ 351. If any person who shall have received the permission provided in section 342 shall fail to remove any material placed by him and remaining in the street or upon the sidewalk within twenty-four hours after the time limited in such permission shall have expired, or after such permission shall have been revoked, or shall fail to place and maintain the lights therein required, the road supervisor may remove the same and may place and maintain such lights at the expense of such person; and such person shall be liable for the cost of such removal and of such lights in addition to the penalty provided in such section.

§ 352. Any person who shall violate any of the provisions of sections

343, 344, 345, 346, and 347 shall be liable to a penalty of not less than five dollars nor more than twenty-five dollars for each and every offense. § 353. If any person who shall have received the permission provided in section 348 shall fail to replace the street or sidewalk or to place the lights as therein provided, he shall be liable to a penalty of not less than five dollars nor more than twenty-five dollars for every twenty-four hours that the said default shall continue, and the road supervisor may replace the same or place the said lights at the expense of such person; and such person shall be liable for the cost of such replacing or of such lights in addition to said penalty for delay.

§ 354. No person shall drive, draw, or cause to go upon any sidewalk any vehicle whatsoever, except when it shall be necessary for such vehicle to cross such sidewalk for the purpose of going into some yard or lot or into some place where such vehicle is kept when not in use.

§ 355. No person shall hitch or fasten any horse or other animal to any ornamental or shade tree in the streets or sidewalks, or to any box or frame around such tree.

§ 356. No person shall leave any horse or mule in any street, lane, or alley unless said horse or mule shall be securely tied or fastened.

§ 357. No person shall hitch or fasten any horse or animal in such manner that such horse or animal, or the appliance used for hitching or fastening such horse or animal, shall obstruct the free passage along any side or cross walk.

§ 358. No person shall leave or permit to remain upon any street, lane, or alley any vehicle belonging to him, or over which he shall have control, for a longer time than fifteen minutes, unless there shall be attached to said vehicle some draught animal. Nor shall any person unnecessarily obstruct the passage of any street, lane alley, or cross-walk by means of any vehicle or animal.

§ 359. No person shall move, or cause to be moved, or assist in moving any building into, upon, along, or across any street, lane, alley, or sidewalk without having first obtained permission in writing so to do from the superintendent of public works or the road supervisor.

§ 360. No person shall fly kites in or upon any street, lane, alley, or sidewalk.

§ 361. Any person who shall do any of the acts prohibited by, or violate any of the provisions of sections 354 to 360, both inclusive, or remove or extinguish any lights placed as provided by this act, shall be liable to a penalty of not less than five nor more than twenty-five dollars for each and every offense.

§ 362. The several district magistrates throughout the Territory shall have jurisdiction to hear and determine complaints for any violation of the provisions of this act.

§ 363. Nothing in this act shall be held to conflict with any laws or regulations which now exist, or which may hereafter exist, for the fire control or management of the district known as the "Fire limits of Honolulu." The provisions of this act shall apply to all public streets, lanes, alleys, or sidewalks in the towns herein within such limits as may be from time to time fixed by the superintendent of public works.

POSTERS.

§ 364. Any person who shall affix or attach any show bill, handbill, poster, advertisement, or other notice to any building, fence, bridge, tree, rock, pole, or other structure or object without first obtaining the consent of the person or persons entitled to the possession of such building, fence, bridge, tree, rock, pole, or other structure or object,

shall be guilty of a misdemeanor, and upon conviction thereof before any district magistrate shall be fined not more than twenty dollars for each offense.

ARTESIAN WELLS.

§ 365. Every flowing artesian well now on the island of Oahu that may hereafter be made on said island, shall be capped by the owner or owners thereof in such manner as to give complete control over the flow of water from the pipe of such well.

§ 366. No person having the right to the use of water from any such artesian well shall allow the same to run to waste, but may use it for irrigation, domestic, and other useful purposes, except for driving machinery, provided, however, that such water may be used for driving machinery in case it be utilized afterwards for irrigation or other useful purposes.

§ 367. Any person violating the provisions of sections 365 and 366 shall, upon conviction thereof before any district magistrate of the island of Oahu, be fined not more than fifty dollars.

§ 368. For the more effectual carrying out of sections 365-367 the chief sheriff and deputy chief sheriff of the Territory, and all policemen of the island of Oahu, may at all times of night or day enter without warrant any premises whereon artesian water is used.

FEMALE BOARDING SCHOOLS.

§ 369. Any person or persons intruding without proper authority upon the premises of any female boarding school may be arrested by any constable, without any warrant, and on complaint of the principal or other person in charge of such school, or of any trustee of the same, upon conviction thereof before any district magistrate, may be punished by fine not to exceed two hundred dollars, or by imprisonment at hard labor not to exceed six months, or both, at the discretion of the magistrate. Nothing herein shall be construed to preclude the punishment of the offender for any other offense committed on such premises, nor of the right of action for civil damages.

NOTE TO CHAPTER 36.

§§ 324-335 are P. C., ch 36, §§ 1-12. §§ 336-363 are S. L., 1886, ch. 65. § 364 is S. L., 1884, ch. 47. §§ 365-368 are S. L., 1884, ch. 49. § 369 is S. L., 1882, ch. 37, C. L., p. 687.

Cases in Hawaiian Reports: King v. Cornwell, 3 Haw., 154; King v. Nawahine, 3 Haw., 371; King v. Kekaula, 3 Haw., 378; King v. Grieve, 6 Haw., 740; P. G. v. Wery, 9 Haw., 228.

CHAPTER 37.

VAGRANTS-DISORDERLY PERSONS.

§ 370. Any common prostitute, or any person who is lewd, wanton, or lascivious in speech or behavior, or any person who has no visible lawful means or insufficient lawful means of support, or who wanders abroad or places himself in any public place to beg alms, or causes any child so to do; or who solicits or collects alms or contributions under any false pretense; or who practices hoopiopio, hoounauna, hoomanamana, anaana, or pretends to have the power of praying persons to death; or who pretends to tell fortunes for money or other reward; or who has in his possession without lawful excuse (the proof of which excuse shall be upon such person) any false or skeleton key, or any

implement of housebreaking; or who is found by night dressed or disguised with a felonious intent; or who is found by night without lawful excuse (the proof of which excuse shall be upon such person), in or upon any dwelling house or other buildings or any enclosed yard, or on board any vessel; or who is a dangerous or disorderly person by reason of his being a rioter, disturber of the peace, going offensively armed, uttering menaces or threatening speeches, or otherwise, shall be punished by imprisonment at hard labor not more than six months. [§§ 371, 372.]

§ 370 is S. L., 1896, act 36.

NOTE TO CHAPTER 37.

CHAPTER 38.

RIOTS AND UNLAWFUL ASSEMBLIES.

§ 373. Where three or more persons are, of their own authority, assembled together with disturbance, tumult, and violence, and striking terror or tending to strike terror into others, such meeting is an unlawful assembly, within the meaning of the provisions of this chapter. § 374. A riot is where three or more being in unlawful assembly join in doing or actually beginning to do an act, with tumult and violence, and striking terror, or tending to strike terror into others.

§ 375. Menacing language, or gestures, or show of weapons, or other signs or demonstrations tending to excite terror in others, are sufficient violence to characterize an unlawful assembly or riot.

§376. Concurrence in an intent of tumult and violence, and in any violent tumultuous act, tending to strike terror into others, is a sufficient joining in intent to constitute a riot, though the parties concerned did not previously concur in intending the act. For example, where persons present at a public performance concur in the intent to disturb the same by tumult and violence, tending to strike terror; or concur in one or more acts of tumult or violence tending to strike terror, done by any of the assembly.

§ 377. It is not requisite in order to constitute an unlawful assembly or riot that persons should have come together with a common or unlawful intent, or in any unlawful manner; or that the object of the meeting, or the act done or intended, should of itself be unlawful. The tumult and violence tending to excite terror, characterize the offense, though the persons may have assembled in a lawful manner, and though the object of the meeting, if legally pursued, or the act done or intended, if performed in a proper manner, would be lawful.

§ 378. Persons present at a riot or unlawful assembly, and promoting the same, or aiding, abetting, encouraging or countenancing the parties concerned therein by words, signs, acts, or otherwise, are themselves parties thereto and principals therein.

§379. In case of an unlawful assembly being by proclamation or otherwise ordered to disperse by any one having legal authority to disperse the same, any one voluntarily remaining in the assembly after notice of such order, except for keeping the peace, is thereby a party concerned in such unlawful assembly.

§ 380. Every person present in an unlawful assembly is presumed to have notice of an order given by lawful authority in lawful manner for the same to disperse.

§ 381. Whoever is guilty of a riot or unlawful assembly, having for its object the destruction or injury of any house, building, bridge, wharf, or other erection or structure; or the destruction or injury of any

ship or vessel, or the furniture, apparel, or cargo thereof, shall be punished by imprisonment at hard labor not more than two years, or by fine not exceeding five hundred dollars, and shall also be answerable to any person injured to the full amount of his damage.

§ 382. Whoever is guilty of being a party concerned in a riot or unlawful assembly endangering the life, limb, health, or liberty of any person, or in any other riot or unlawful assembly not of the description designated in the above section, shall be punished by imprisonment at hard labor not more than five years or by fine not exceeding one thousand dollars.

§ 383. In case of any riot or unlawful assembly in any town, village, or district, it shall be the duty of every district magistrate there resident, and also of the chief sheriff, sheriff of the island, and his depu ties, and of the prefect of police for said town, village, or district, to go among the persons so assembled, or as near to them as may be with safety, and in the name of the government to command all the persons so assembled immediately and peaceably to disperse; and if the persons shall not thereupon so disperse, it shall be the duty of each of said officers to command the assistance of all persons present in seizing, arresting, and securing in custody the persons so unlawfully assembled, so that they may be proceeded with for their offense according to law. § 384. If any persons riotously or unlawfully assembled, who have been commanded to disperse by the chief sheriff, sheriff, deputy sheriff, prefect of police, or district magistrate, shall refuse or neglect to disperse without unnecessary delay, any two of such officers may require the aid of a sufficient number of persons in arms, or otherwise, as may be necessary, and shall proceed in such manner, as in their judgment shall be expedient, forthwith to disperse and suppress such unlawful, riotous, or tumultuous assembly, and seize and secure the persons composing the same, so that they may be proceeded with according to law.

§ 385. Whenever an armed force shall be called out for the purpose of suppressing any tumult or riot, or unlawful assembly, or to disperse any body of riotous men, such armed force shall obey such orders for suppressing the riot or tumult, or for dispersing and arresting the persons who are committing any of the said offenses, as they may receive from the chief sheriff, sheriff of the island, or prefect of police, and also such further orders as they may receive after they shall arrive at the place of such unlawful, riotous, or tumultuous assembly, as may be given by any two of the magistrates or officers mentioned in the preceding section.

§ 386. If by reason of the efforts made by any two or more of said magistrates or officers, or by their direction, to disperse such unlawful, riotous or tumultuous assembly, or to seize and secure the persons composing the same, who have refused to disperse, any such person or any other person then present, as spectators or otherwise, shall be killed or wounded, the said magistrates and officers and all persons acting by their order or under their direction shall be held guiltless and justified by law, and if any of said magistrates or officers, or any person acting under their authority or by their direction shall be killed or wounded, all the persons so at the time unlawfully, riotously, tumultuously assembled, and all other persons who, when commanded or required, shall have refused to aid and assist the said magistrate or officers, shall be held answerable therefor.

NOTE TO CHAPTER 38.

373-386 are P. C. ch. 38, unaltered.

or