CHAPTER 39.

GAMBLING.

§ 387. Every person who contrives, prepares, sets up, draws, maintains, or conducts, or assists in maintaining or conducting, any lottery, is guilty of a misdemeanor.

§ 388. A lottery is any scheme for the disposal or distribution of property by chance among persons who have paid or promised to pay any valuable consideration for the chance of obtaining such property, or a portion of it, or for any share or any interest in such property upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, che fa, pakapio, gift enterprise, or by whatever name the same may be known.

§ 389. Every person who sells or buys, gives or receives, has in possession or in any manner whatever deals with any ticket, chance, share, or interest, or any paper, certificate, or instrument purporting or understood to be or to represent any ticket, chance, share, or interest in or depending upon the event of any lottery, is guilty of a misdemeanor.

§ 390. All moneys or property offered for sale or distribution in violation of any of the provisions of sections 387 to 398 are forfeited to the Government and may be recovered by information filed or by action brought by the attorney general or his authorized representative.

§ 391. Every person who deals, plays, or carries on, opens, or causes to be opened, or who conducts either as owner or employee, whether for hire or not, any game of faro, monte, roulette, tan, fan tan, or any banking or percentage game played with cards, dice, or any devices for money, checks, credit, or any representative of value, or any other game in which money or anything of value is lost or won, and every person who plays or bets at or against any of said prohibited game or games, and every person present where such game or games are being played or carried on, is guilty of a misdemeanor.

§ 392. Every person who by the game of "three card monte," "shell game," or any other game, device, sleight of hand, pretension to fortune telling, trick, or other means whatever by use of cards or other implements or instruments, or while betting on sides or hands of any such play or game, fraudulently obtains from another person money or anything of value, is guilty of a misdemeanor.

§ 393. Every person duly summoned as a witness for the prosecution on any proceeding had under sections 387 to 398 who neglects or refuses to attend as required, is guilty of a misdemeanor.

§ 394. No person otherwise competent as a witness is disqualified from testifying as such concerning any offense committed under sections 387 to 398 on the grounds that such testimony might criminate himself, but no prosecution can afterwards be had against him for any such offense concerning which he has testified.

§ 395. Every person who lets or permits to be used any building or vessel, or any portion thereof, knowing that it is to be used for setting up, managing, or drawing any lottery, or for the purpose of selling or disposing of lottery tickets, chance, share, or interest in or depending upon the event of any lottery, or who knowingly permits any game or games prohibited by sections 387 to 398 to be played, conducted, or dealt in any building or vessel owned or rented by such person in whole or in part, is guilty of a misdemeanor.

§ 396. Every person who bets or gambles upon any horse race, boat

race, ball game, bicycle race, or any athletic game, sport, or contest, in any manner whatsoever, either by risking money or any other thing of value, is guilty of a misdemeanor.

§ 397. Every person guilty of a misdemeanor as provided in sections 387 to 398 shall be punishable by a fine of not more than one thousand dollars, or imprisonment at hard labor not exceeding one year.

§ 398. District magistrates shall have jurisdiction to try and determine all cases arising under sections 387 to 398.

CIVIL REMEDIES.

§ 399. Whoever shall by playing at cards or any other game, or by betting on the sides or hands of such as do play, lose any sum of money or thing of value, and shall pay or deliver the same or any part thereof, may sue for and recover the money or value of the thing so lost and paid or delivered, from the winner thereof.

§ 400. In case the person so losing such money or any thing of value shall not within three months after such loss, in good faith and without collusion, prosecute with effect and without unreasonable delay for such money or other thing of value, it shall be lawful for any constable or other officer or person to sue for and recover treble the value of such money or other thing, with full cost of suit, the one half of which shall go to the person so prosecuting, and the other half to the Government for the use of common schools.

§ 401. All notes, bills, bonds, mortgages, or other securities or conveyances whatever, in which the whole or any part of the consideration shall be for any money or other thing of value won by playing at cards or any other game, or by betting on the sides or hands of any person gaming, or for reimbursing or repaying any money knowingly lent or advanced for any gaming or betting, or lent and advanced at the time and place of such gaming and betting, to any person so gaming and betting, shall be void and of no effect, as between the parties to the same, and as to all persons, except such as shall hold or claim under them, in good faith and without notice of the illegality of the consideration of such contract or conveyance, and whenever any mortgage or other conveyance of lands shall be adjudged void, under the provisions of this section, such lands shall enure to the sole use of and benefit of such person as would be then entitled thereto if the mortgagor or grantor were naturally dead; and all grants or conveyances for preventing such lands from coming to or devolving upon the person to whose use and benefit the said lands would so enure shall be deemed fraudulent and of no effect.

§ 402. In every suit brought to recover any money or other thing of value, as provided in section 399 of this chapter, both the plaintiff and defendant shall be competent witnesses; and no person other than the parties shall be excused from testifying, touching any offense committed against any of the foregoing provisions relating to gaming, by reason of his having played, betted, or staked at any game; but the testimony of any such person shall not be used against him in any suit or prosecution authorized by any of the foregoing provisions.

NOTE TO CHAPTER 39.

§§ 387-395, 397-398 are P. G., Act 21. § 396 is S. L., 1896, Act 16. §§ 399-402 are P. C., ch. 39, §§ 5-8.

Cases in Hawaiian Reports: King v. Ah Lee, 5 Haw., 545; King v. Yeong Ting, Haw., 576; In re Ah Mook, 6 Haw., 664; Rex v. Lum Hung, 7 Haw., 344; R. v. Kaka, Haw., 305; Govt. v. Ah Hum, 9 Haw., 97; Govt. v. Aloiau, 9 Haw., 400; R. v. Alani, 8 Haw., 533.

CHAPTER 40.

NIGHT.

§ 403. All loud noise by night is taboo. Whoever after sunset shall by hallooing, singing in the streets, or in any other way make any disturbing or disorderly noise in any village, town, or port of this Territory, without justifiable cause for so doing, shall be liable to summary arrest and imprisonment by any constable or police officer, and upon conviction be punished by a fine not exceeding ten dollars.

§ 404. All keepers of coffee, victualing, liquor and billiard saloons, and bowling alleys, and also sugar mills, are hereby strictly forbidden to allow any school children, boys or girls, to remain upon their premises any time between the hours of sunset and sunrise, unless the same be accompanied by their parents or guardians. Any keeper of a coffee, victualing, liquor, or billiard saloon, or bowling alley, upon whose premises any school child, boy or girl, may be found between the hours above named, unless the same be accompanied by its parent or guardian, shall be deemed guilty of an offense, and shall be punished by a fine of not more than twenty dollars, upon conviction before any district magistrate, and his license may be revoked by the treasurer, in his discretion.

§ 405. If any keeper or keepers of any of the public places enumerated in section 404 shall find difficulty in clearing their premises of school children, the same may call in the assistance of the police or constables, who shall first order all such school children to return to their homes; and, if such order be not obeyed by the said children, the police or constables shall proceed to apprehend all such children who shall not have proceeded to their homes, and cause them to be detained in the lockup overnight, to be brought before the district magistrate on the following morning, to be punished according to the provisions of the law relating to truancy.

CURFEW LAW.

§ 406. Any child under fifteen years of age who, except in case of necessity, shall go or remain on any public street or highway after nine o'clock in the evening and before four o'clock in the morning, unaccom panied by an adult person, shall be punished by a fine of not more than five dollars or by imprisonment not exceeding fourteen days.

§ 407. Any parent or guardian having the care, custody, and control of a child under fifteen years of age who, except in case of necessity, shall knowingly and voluntarily suffer or permit such child to go or remain on any public street or highway after nine o'clock in the evening and before four o'clock in the morning, unaccompanied by an adult person, shall be punished by a fine of not more than ten dollars or by imprisonment not exceeding twenty days.

NOTE TO CHAPTER 40.

§ 403 is S. L., 1876, ch. 15, C. L., p. 575. §§ 404-405 are S. L., 1870, ch. 23, C. L., p. 542. §§ 406-407 are S. L., 1896, Act 29.

CHAPTER 41.

INTOXICATING LIQUORS.

PART I.-MANUFACTURE OF SPIRITUOUS LIQUORS.

§ 408. The treasurer is hereby authorized to grant to any party or parties applying therefor a license to distill spirituous liquors, subject to the terms, conditions, and restrictions hereinafter set forth.

§ 409. All persons applying for a license under sections 408-421 shall, before receiving the same, file a bond, with one or more sureties (in form similar to the following), which bond must be approved by the treasurer: Know all men by these presents, that we, principal,

and surety, are held and firmly bound unto the treasurer, for the use of the government of Hawaii, in the penal sum of one thousand dollars lawful money, to be levied on our respective joint and several property in case the conditions hereinafter set forth shall be violated.

For the just and full payment of which we hereby jointly and severally bind ourselves, our heirs, executors, administrators, and assigns. Sealed with our seals and dated this day of, A. D. 189—. The condition of the obligation is as follows: That whereas the above bounden principal has applied for a license to distill spirituous liquors in accordance with the law enacted on the — day of 189-, and

has complied with the requisition of the said law, and has consequently become entitled to a license to distill spirituous liquors in accordance with the statute in such cases made and provided, for the term of one year from date: Now, therefore, if, during the continuance of this license, the said shall not contribute to the violation of any of the laws of this Territory, nor violate any of the conditions of said license, or of this act, or of any of the rules and regulations published, as hereinafter provided, by the treasurer, then this obligation shall be void; otherwise, upon proof being made to the satisfaction of the district magistrate, without the intervention of a jury, the penalty mentioned in his bond shall be forfeited and the license of the said so granted shall be void.

Given under our hands and seals the day and year above written. In the presence of

§ 410. Such license shall be for one year from its date, and before granting such license the treasurer shall receive from the licensee the sum of two hundred and fifty dollars as a license fee.

[§§ 411-413].

§414. The said licensee shall not sell spirituous liquors, manufactured by him, for consumption in this Territory in quantities less than ten gallons.

§ 415. Any person who shall distill spirituous liquors without having a license according to law shall be punished by a fine of not more than one thousand dollars nor less than one hundred dollars and by imprisonment at hard labor for not less than three months nor more than one year.

§ 416. At the time of filing the application mentioned for a license under sections 408-421, the applicant shall furnish to the treasurer a sworn certificate showing the exact location of the premises in which such spirituous liquors are to be manufactured, together with a description of such premises.

§ 417. The premises upon which the spirituous liquors are manufactured under the license herein provided for shall at all times be open to free inspection by the police.

§ 418. The treasurer, by and with the consent of the governor, may make from time to time such rules and regulations, not inconsistent with sections 408-421, that may be necessary for the protection of the revenue and public good order, which rules and regulations shall be published in a newspaper and shall have the force of law.

§ 419. Unless herein otherwise provided any violation of the provisions of sections 408-421 by the licensee shall subject him or them to a fine of not less than one thousand dollars and the said bond and license shall be forfeited, and the penalty of said bond may be recovered and enforced before a circuit judge at chambers without the intervention of a jury.

§ 420. Any person, except the licensee, as aforesaid, violating the provisions of sections 408-421 shall upon conviction be fined not less than five hundred dollars, unless a different penalty is herein before provided. § 421. The several district magistrates shall have jurisdiction to hear, determine, and pass sentence for all violations of sections 408-421, except in prosecutions for perjury under section 413.

PART II.-MANUFACTURE AND SALE OF INTOXICATING LIQUORS.

§ 422. The following words, unless where the contrary appears from the context, are used in sections 422-463 with the meaning hereby assigned to them, respectively:

"Spirituous liquors" shall mean any wines, spirits, ale, cider, perry, beer, or other fermented or distilled liquors, and all liquors of an intoxicating nature. "Sunday" shall mean the time between 11 of the clock on the evening of Saturday and 5 of the clock on the morning of the succeeding Monday.

But nothing in sections 422-463 shall apply to any person selling any spirituous or distilled perfume bona fide as perfumery; nor to any duly qualified and licensed physician or surgeon, chemist, or druggist who may administer or sell any spirituous liquors for medicinal purposes.

§ 423. The licenses issued under sections 422-463 shall be signed by the treasurer and sealed with the seal of his department, and shall not be transferable except as hereinafter provided; and shall be in force for one year from the date of issue.

§ 424. Whoever shall manufacture for sale any intoxicating drink or substance in this Territory shall be liable to a fine not exceeding five hundred dollars, and in default of payment of such fine shall be imprisoned at hard labor for a term not exceeding two years.

§ 425. The possession of distilled liquor shall be prima facie evidence of the distillation thereof, and it shall be incumbent on the party or parties having possession thereof to prove their innocence of distilling

the same.

§ 426. All spirituous liquors imported under the name of perfumery or preserved fruits with the intention of evading the laws relating to duties shall be liable to seizure, condemnation, and sale for the benefit of the public treasury.

§ 427. All stills, distilling apparatus, or other articles in use, except as provided in section 415, or having been used in distilling spirituous liquor or other intoxicating drinks or substances within this Territory, and also all spirituous liquors and all other intoxicating drinks or substances manufactured for sale within this territory shall be forfeited to