former offense, and the conviction shall be presumed to have been unappealed against until the contrary be shown. § 677. All persons under trial shall be entitled at the time of their trial to inspect, without fee or reward, all depositions which have been taken against them, and delivered in manner by law required to the proper officer of the court before which such trial shall be had, or copies of such depositions. § 678. Depositions taken in the preliminary or other investigation of any charge against any person may be read as evidence in the prosecution of the same or any other offense whatever, upon the like proof and in the same manner in all respects as they may, according to the law now in force, be read in the prosecution of the offense with which said person was charged when such depositions were taken. § 679. Where upon the trial of any person charged with any offense against chapter 31 of the Penal Laws it shall be necessary to prove that any coin produced in evidence against such person is false or counterfeit, by the evidence of any credible witness. PART XIV.-AMENDMENTS NOT TO PREJUDICE AFTER VERDICT. § 680. Every verdict and judgment which shall be given after the making of any amendment under this act shall be of the same force and effect in all respects as if the indictment had originally been in the same form in which it was after such amendment was made. § 681. If it shall become necessary at any time for any purpose whatsoever to draw up a formal record in any case where any amendment shall have been made under sections 615-687, such record shall be drawn up in the form in which the indictment was, after such amendment was made, without taking any notice of the fact of such amendment having been made. PART XV.-OF JUDGMENT AND EXECUTION. § 682. The verdict of the jury or the decision of the court, as the case may be, shall, subject to arrest of judgment, found the sentence to be passed in open court, by any of the judges, pursuant to the penalties of the law charged and found to have been violated, subject to the executive clemency or a motion in arrest of execution for cause. § 683. Any judge of a court of record may, for cause shown to his satisfaction, respite any convicted criminal for any length of time suf ficient for the purposes of mercy, or not to work injury to innocent third parties. § 684. No person at the time insane, and no woman at the time quick with child, shall suffer capital punishment; neither shall any child suffer such punishment who has not evinced a knowledge of the distinction between right and wrong. § 685. In all cases where the law of this Territory awards the punishment of death there shall always intervene at least forty-eight hours between the conviction and the sentence and at least fourteen days between the sentence and the execution. § 686. The chief sheriff, or some one deputed by him, shall inflict the punishment of death by hanging the criminal by the neck until dead, when the body shall be disposed of pursuant to the direction of the court. No capital punishment shall be so inflicted until the warrant for that purpose shall be signed by the governor, nor shall such punishment be inflicted after the governor's pardon. § 687. In all criminal cases where the punishment is less than cap ital the court before whom the conviction is had shall proceed, as soon thereafter as may be, to pass sentence according to law, which sentence shall be recorded by the clerk and certified to the chief sheriff or his deputy in the order for imprisonment or other punishment, as the case may be. NOTE TO CHAPTER 53. § 606-610 are S. L. 1892, ch. 57, §§ 18–22. 66 611-614 are P. G., act 24. 66 615-687 are S. L. 1876, ch. 40, C. L., p. 238 et seq. P. C., ch. 53, entitled "Rewards to sheriffs, constables, and other prosecutors," was repealed by S. L. 1888, Ch. 5. Cases in Hawaiian Reports: R. v. Kekoa, 5 Haw., 623; R. v. Robertson, 6 Haw., 727; R. v. Gibson, 6 Haw., 312; Rex. v. McGiffin, 7 Haw., 113; R. v. Chop Tin, 7 Haw., 384; Rex v. Mo Sow, 7 Haw., 736; Rex v. Ho Fon, 7 Haw., 759; R. v. Bush, 8 Haw., 275; Govt. v. Hering, 9 Haw., 187; Govt. v. Smith, 9 Haw., 262; Govt. v. Gertz, 9 Haw., 290; Govt. v. Mossman, 9 Haw., 361; Govt. v. Caecires, 9 Haw., 525; Govt. v. Gishi, 9 Haw., 643. CHAPTER 54. CARRYING DEADLY WEAPONS. § 688. Any person not authorized by law who shall carry, or be found armed with, any bowie knife, sword cane, pistol, air gun, slung shot, or other deadly weapon shall be liable to a fine of no more than thirty and no less than ten dollars, or, in default of payment of such fine, to imprisonment at hard labor for a term not exceeding two months and no less than fifteen days, upon conviction of such offense before any district magistrate, unless good cause be shown for having such dangerous weapons; and any such person may be immediately arrested without warrant by the chief sheriff or any sheriff, constable, or other officer or person and be lodged in prison until he can be taken before such magistrate. § 689. The following persons are hereby declared to be authorized to bear arms, viz: All persons holding official, military, or naval rank, either under this Government or that of any nation at peace with this Government, when worn for legitimate purposes. NOTE TO CHAPTER 54. 66 688-689 are P. C., Ch. 54 unaltered. Cases in Hawaiian Reports: R. v. Clark, 10 Haw., 585. CHAPTER 55. LICENSES. PART I.-GENERAL PROVISIONS. § 690. The Treasurer may, upon the application of any person, issue to such applicant any license hereinafter enumerated upon the terms and conditions hereinafter set forth. Except as otherwise herein provided, a license granted under sections 690-785, 789-795 shall only authorize the carrying on of the business. licensed at the place indicated in the license, except in case of removal and upon the written consent of the treasurer endorsed thereon. § 691. Wherever in sections 690-785, 789-795 the word "treasurer" is used, it shall refer to and mean the treasurer of the Territory of Hawaii. § 692. From and after the date of the passage of sections 690–785, 789-795 all licenses issued for carrying on the several businesses, or doing the acts therein enumerated, shall be issued by the treasurer in accordance with the terms and conditions and for the fees therein enumerated for the respective terms of one year from the several dates of issue. The carrying on of any business, or the doing of any act therein enumerated, except upon obtaining a license in conformity with the provisions of sections 690-785, 789-795, is hereby forbidden. § 693. Any person or persons who shall after the date of the passage of sections 690-785, 789-795 engage in or carry on any business, or do any act therein enumerated, the engaging in or doing which is therein required to be licensed, without first obtaining a license issued in conformity with the provisions of sections 690-785, 789-795, or who shall sell any goods, wares, merchandise, produce, or thing of value, contrary to the terms of sections 690-785, 789-795, or who shall violate or fail to observe any of the provisions of sections 690-785, 789-795, shall be guilty of a misdemeanor, and upon conviction shall, unless otherwise therein provided, be fined a sum not less than the annual fee, and not more than twice the annual fee therein prescribed for the carrying on of such business or the doing of such act. Provided, however, That any person now carrying on business under an existing license may continue to do so until the expiration of such license, subject to the terms, conditions, and penalties prescribed in the several acts under which such licenses are severally issued, notwithstanding the repeal of such acts by sections 690–785, 789–795. § 694. Jurisdiction is hereby conferred upon all district magistrates to hear and decide all cases arising under sections 690–785, 789–795, in their respective jurisdictions. § 695. No license shall be issued under sections 690-785, 789–795 until the full fee required herein shall have been paid in advance for the term of one year. § 696. No license issued hereunder shall be transferable. PART II.-ALCOHOL. § 697. Wherever in sections 690-785, 789-795, the words "methylated spirits" are used, they shall mean ethylic alcohol to which has been added at least one-ninth its bulk of pyroxylic spirits. Wherever in sections 690-785, 789-795, the word "alcohol" is used, it shall mean the ordinary alcohol of commerce known as ethylic alcohol. § 698. The treasurer is hereby authorized to grant to any holder of a license to import and sell poisonous drugs, a license to sell methylated spirits and alcohol. The annual fee for such license shall be the sum of fifty dollars. § 699. Before granting said license, a good and sufficient bond to the treasurer in the sum of one thousand dollars, secured in not less than double the amount of the penalty, shall be required. The condition of the bond shall be, that the holder of said license shall observe and comply with the provisions of sections 702 and 703. The treasurer is authorized to require any other conditions or security to insure the due observance of sections 690–785, 789–795. [§§ 700-701.] $702. The holders of licenses for the sale of methylated spirits and alcohol under sections 690-785, 789-795 are hereby prohibited from selling alcohol to any person but a duly licensed physician; and no greater quantity than one gallon at any one sale shall be sold to any such physician. § 703. It shall be incumbent upon any holder of a license under sections 690-785, 789-795 to keep a book in which he shall write or cause to be written down the quantity of alcohol sold at each sale, the date of such sale, the name of the physician to whom the alcohol was sold; also the quantities consumed by the licensee and the purposes, itemized in detail, for which it was used. Such book and the quantity of alcohol in possession of the licensee shall always be accessible for inspection by any clerk or officer of the government whom the treasurer may appoint to perform such inspection. It shall also be incumbent upon any holder of a license under sections 690-785, 789-795 during the first week of every month to file with the treasurer a sworn statement showing the amount of alcohol on hand at the beginning of the preceding month, the quantity sold during the month, to whom, the quantity consumed by the licensee, and also the amount remaining on hand at the end of such month. § 704. Any person who shall be convicted of selling or furnishing methylated spirits or alcohol without a license to sell the same shall be liable to a fine of not less than one hundred nor more than two hundred and fifty dollars. Any person holding a license under sections 690-785, 789-795 who shall violate or fail to observe any of the provisions herein contained shall for the first offense be fined not to exceed one hundred dollars, and for the second offense be fined not to exceed two hundred and fifty dollars and the license shall be forfeited, and the penalty named in the said bond shall at once become due. PART III.-STOCK AND SHARE BUSINESS. § 705. The annual fee for carrying on a stock and share business be one hundred dollars. § 706. The term "stock and share business" for the purposes of sections 690-785, 789-795 shall mean the buying or selling of corporation stocks or shares for a commission or other compensation or reward. PART IV,-Awa. § 707. The treasurer is authorized to sell to the highest bidder at public auction, between the first and seventh day of December in each and every year, licenses to sell awa for each taxation district in the Territory of Hawaii. Each such license shall be for the term of one year from the first day of January next ensuing. § 708. The licenses for the Island of Oahu shall be sold under the direction of the treasurer at the front entrance of the executive building or at such other place as he may direct, and on the other islands they shall be sold by the sheriffs or their deputies in the respective districts for which they are to be granted. § 709. The time and place of sale shall be duly advertised in both the English and Hawaiian languages in some newspaper published on the island where the license is to be sold, if any is published there; and on the islands other than Oahu, posted in at least three prominent places in each of the districts where the sales are to be held. § 710. The upset price for such license at public auction shall be as follows: For the district of Honolulu, one thousand dollars. For the districts of Hilo and Wailuku, five hundred dollars each; and for the district of Lahaina, two hundred and fifty dollars; and one hundred dollars for each other district. § 711. A cash deposit of twenty-five per cent of the amount of the bid shall be required upon the fall of the hammer, said deposit to be forfeited to the government if the full amount of the bid is not paid within five days from the day of sale. § 712. In case of such forfeiture, the license shall be again adver tised, and after reasonable notice, again sold at public auction, at the upset price provided for in the district for which it is to be granted. § 713. No cultivator of awa shall sell awa to any person not holding a license to sell awa, except for exportation. § 713A. Any person who shall sell awa without a license shall be fined not less than fifty nor more than one hundred dollars. PART V.-AUCTION. § 714. The annual fee for a license to sell goods, wares, and merchan dise, or other property at auction shall be six hundred dollars for the district of Honolulu, and fifteen dollars for each other taxation district. [§ 715.] §716. Every auctioneer shall keep and preserve a record book in which shall be entered 1. A detail list and description of the property received for sale; 2. The name of the person from whom, or on account of whom, the same is received. 3. The date upon which the same is received. 4. The date upon which the same is sold. 5. The price for which each article is sold. 6. The name of the person or persons to whom each article is sold; which record shall, during the regular business hours, be open to the inspection of any person desiring to see the same. Every such entry shall be made immediately after each transaction required to be recorded. § 717. Every person, upon receiving an auction license, shall give a bond to the treasurer in the penal sum of three thousand dollars, if the license be for the district of Honolulu, and in the penal sum of five hundred dollars for other districts, with good and sufficient surety or sureties to be approved by the treasurer, conditioned 1. That he will faithfully and truly keep the records by this act required to be kept. 2. That he will faithfully, promptly, and truly account to all persons for whom he may sell property, and promptly pay to them all sums received by him for sales of the same, after deducting therefrom his commissions and expenses. 3. That he will not sell goods, wares, merchandise, or other property except at public auction. 4. That he will otherwise in all things conform to the laws relating to auctioneers. § 718. The treasurer, or by his written consent, any person whose property is sold by any auctioneer, concerning which property a record shall not have been kept as required by sections 690-785, 789-795, or concerning which such auctioneer shall otherwise have failed to fulfill the terms of his said bond, may prosecute such auctioneer under his bond, and recover thereon any actual loss caused to him or sum due to him by such auctioneer, and also the sum of five dollars ($5) to the use of the treasury for each item by sections 690-785, 789-795, required to |