mine whether or not such complaint is true. If it be found that any such disease exists in said sheep, or flock of sheep, the inspector shall thereupon, in writing, notify the owner of the same, or his agent, of the fact. For such services he shall be entitled to receive the sum of five dollars for each day actually engaged in such duty and his traveling expenses, which shall be paid by the person complaining. If such complainant in the written application shall not agree to become liable for such payment, the inspector may disregard the application.

§ 866. It shall not be lawful to drive any sheep infected with scab or other infectious or contagious disease along any public road without the consent first obtained in writing of the owners of sheep whose runs adjoin such roads, or on or through lands in use as sheep runs, without such consent so obtained.

§ 867. The owner of any sheep driven contrary to the provisions of section 866 shall be liable, on conviction before any district magistrate, to a fine of not less than two hundred dollars, and higher, in the discretion of such magistrate; and for diseased sheep straying upon the sheep run of another, may be fined not less than twenty-five dollars for each sheep.

NOTE TO CHAPTER 58.

§§ 864-867 are S. L. 1876, ch. 25, C. L., p. 577, repealing P. C., ch. 58.

CHAPTER 59.

THE PUBLIC HEALTH.

PART I.-BOARD OF HEALTH.

§ 868. There shall be a board of health for the Hawaiiain Islands, consisting of seven members, three of whom shall be laymen, three physicians, and the attorney-general ex officio. The members of the said board shall be appointed by the governor, by and with the advice and consent of the senate, and shall be commissioned for two years; provided, that the governor may remove any member of said board, and the governor may fill all vacancies in said board. All of the members of said board shall serve without pay. The board shall elect its presiding officer, who shall be styled the president of the board of health; and in case of his absence, any member of the board may be chosen to preside over the meetings of the board. The board shall appoint its executive officer, secretary, agents, and physicians, who shall receive such compensation for their services as shall be approved by a majority of members of the board at a regular convened business meeting thereof, said compensation to be paid out of any funds available to the board by appropriation.

The board shall have general charge, oversight, and care of the public health, and shall make, through.its president, an annual report to the governor, showing in detail all its expenditures and transactions and such other information regarding the public health as the board shall deem of special interest.

§ 869. Said board of health may appoint suitable agents, in such localities as it may deem necessary, to carry into effect all regula tions for the public health; and it shall hold such agents accountable for all moneys received and disbursed by them on account of the public health, and also for the manner in which they may discharge their several duties.

§ 870. The board of health may make such regulations respecting

nuisances, sources of filth, and causes of sickness, within the respective districts of the Territory, and on board of any vessels, as it shall judge necessary for the public health and safety.

§ 871. Said board shall also make such regulations as it may judge necessary for the public health and safety, respecting any articles which are capable of containing or conveying any infection or contagion, or of creating any sickness, when such articles shall be brought into or conveyed from any district, or into or from any vessel.

§ 872. Said board shall also make all regulations which it may judge necessary for the interment of the dead, and respecting cemeteries and burying grounds.

§ 873. Notice shall be given by the board of health of all regulations made by it by publishing the same in some newspaper of the district, or where there is no such newspaper, by causing them to be posted in three public places of the town or district; and such notice of said regulations shall be deemed legal notice to all persons.

§874. Every person who shall violate any regulation of the board of health, after the same shall have been published as provided in the last preceding section, shall be fined not exceeding one hundred dollars. § 875. For the purpose of carrying into effect the law relating to the public health, the board of health shall be, and hereby is, invested with full power to apportion and disburse all sums of money that shall be appropriated by the legislature for the preservation of the public health, and in case of pestilence or contagious disease, all such sums shall from time to time be appropriated by the president for the protection of the lives and health of the people. The said board shall observe the strictest economy in the expenditure of all public moneys placed under its control, and shall deposit with the governor for safe keeping, all the original vouchers for expenditures made under its discretion, and all books, records, and papers relating to its business and transactions. All drafts upon the public treasury for expenditures under the board of health shall, in order to their validity, be signed by the governor.

§ 876. The board of health shall keep a regular record of its proceedings, and shall annually make a full and detailed report of its transactions, including an account of its receipts and expenditures, to the governor, who shall lay the same before the legislature. Said board shall also, during the prevalence of any severe pestilence or epidemic, publish a weekly report of the public health.

PART II.-ABATEMENT OF NUISANCES.

§ 877. The board of health and its agents shall examine into all nuisances, sources of filth, and causes of sickness, on shore or in any vessel, and shall cause the same to be destroyed, removed, or prevented, as the case may require.

$ 878. Whenever any such nuisance, source of filth, or cause of sickness shall be found on private property, the board of health or any health agent shall order the owner or occupant thereof, at his own expense, to remove the same within forty-eight hours; and if the owner or occupant shall neglect so to do, he shall be fined in a sum not exceeding one hundred dollars.

§ 879. If the owner or occupant shall not comply with such order of the board of health, the board or any of its agents may cause such nuisance, source of filth, or cause of sickness to be removed, and all expenses incurred thereby shall be paid by the said owner or occupant, or by such other person as shall have caused or permitted the same.

§ 880. When any person shall be convicted for a common nuisance that may be injurious to the public health, the court may, in its discretion, order it to be removed or destroyed at the expense of the defendant, under the direction of the board of health, or otherwise, as it may

deem proper.

$ssi. The several circuit courts shall have jurisdiction concurrently with the district courts of all cases of common nuisances.

§ 882. Whenever any person shall be convicted in any circuit court of maintaining a common nuisance, the court shall order that said nuisance be abated. Such order shall not operate to suspend or vacate the sentence imposed, but shall be a wholly cumulative remedy. In case the order shall not have been made at the time of imposing the sentence, it may be made at any regular term of the same court holden within two years thereafter, upon motion by the attorney-general and reasonable notice to the defendant. Upon the hearing of such motion the judgment previously rendered shall be conclusive evidence of the maintenance of the nuisance.

§ 883. All orders for the abatement of a nuisance shall direct, under a penalty, that the same be abated within a time to be limited in such order, and that, if the same be not abated within such time, the proper executive officer of the law do forthwith abate the same at the cost of the defendant, who shall also be liable to the full amount of the penalty specified in such order, for which, as well as for all costs and expenses arising in such case, execution shall duly issue.

§ 884. Whenever any member of the board of health, or its agent, shall think it necessary for the preservation of the lives or health of the inhabitants to enter any land, building, or vessel for the purpose of examining into and destroying, removing, or preventing any nuisance, source of filth, or cause of sickness, and shall be refused such entry, such member or agent may make complaint to any district magistrate, who may thereupon issue a warrant directed to any sheriff, deputy sheriff, or constable, commanding him to take sufficient aid, and, being accompanied by such member of the board of health or agent, between the hours of sunrise and sunset, to repair to the place where such nuisance, source of filth, or cause of sickness complained of may be, and the same to destroy, remove, or prevent, under the directions of such member or agent.

§ 885. No slaughterhouse shall be maintained in any part of this Territory in any place where the board of health shall now or hereafter forbid the maintenance of the same.

[PART III.]
[§§ 886–906.]

PART IV.-CAUSES OF SICKNESS AND CONTAGION.

§ 907. It shall be the duty of the chief sheriff, and all officers of police, and physicians, to report to the board of health, or its nearest authorized agent, the existence of any nuisance injurious to the public health, of which either of them may be cognizant, as soon as possible after it shall come to their knowledge.

§ 908. It shall be the duty of every physician having a patient infected with the smallpox, or any other disease dangerous to the public health, to give immediate notice thereof to the board of health, or its nearest agent, in writing, and in like manner to report to said board, or its agent, every case of death which takes place in his practice, from

any such disease; and every physician who shall refuse or neglect to give such notice, or make such report, shall be fined for each offense a sum not less than ten nor more than one hundred dollars.

§ 909. It shall be the duty of every householder, keeper of a boarding or lodging house, or master of a vessel to report immediately to the board of health, or its nearest agent, any person in or about their house or vessel whom they shall have reason to believe to be sick or to have died of the smallpox or any other disease dangerous to the public health, under a penalty of not less than five nor more than one hundred dollars for each offense.

§ 910. When any person shall be infected with the smallpox or other sickness dangerous to the public health, the board of health or its agent may, for the safety of the inhabitants, remove such sick or infected person to a separate house and provide him with nurses and other necessaries, which shall be at the charge of the person himself, his parents, or master, if able; otherwise at the charge of the government. § 911. If the infected person can not be removed without danger to his life, the board of health or its agent may make provision for him, as directed in the last preceding section, in the house in which he may be, and in such case they may cause the persons in the neighborhood to be removed, and may take such other measures as they shall judge necessary for the public health and safety.

§ 912. The governor may establish a hospital on each of the islands of Oahu, Maui, Kawaii, and Kauai, to be under the immediate supervision and control of the board of health, which may make rules and regulations for the government of such hospitals, which rules and regulations shall be published for general information.

§ 913. For the purpose of removing nuisances and causes of sickness the board of health may require the chief sheriff and sheriffs to cause the prisoners under their charge to aid in such work.

§ 914. In case any moneys are expended by the board of health for any sick person brought into this Territory in any vessel from abroad, it shall be the duty of said board or its agent to demand the same from the master of the vessel in which such sick person was brought. The master of such vessel shall be liable for the amount of the moneys thus expended.

PART V.-VACCINATION.

§ 915. The governor shall appoint, upon the recommendation of the board of health, a suitable person to be vaccinating officer in each of the districts of the Territory, who shall receive such salary as may from time to time be appropriated by the legislature, and shall be removable from office at the pleasure of said governor.

§ 916. Each vaccinating officer shall appoint at least three convenient places in each school district throughout his division for the performance of vaccination, and from time to time give public notice of the time when he will attend at such places to vaccinate all persons not already successfully vaccinated who may then and there appear, and also of the time when he will attend at such place to inspect the progress of such vaccination in the persons so vaccinated.

§ 917. The father or mother of every child shall, within six months after the birth of such child, or, in event of the death, illness, or absence of the father or mother then the guardian, nurse, or person having charge of such child, shall, within six months after its birth, or at the earliest opportunity after, take such child to the vaccinating officer for the purpose of being vaccinated.

§ 918. Upon the eighth day following the day on which any child bas been vaccinated, the father, mother, guardian, or other person having charge of said child shall again take such child to the vaccinating oticer, that he may ascertain by inspection the result of such operation.

§ 919. If the vaccination is found to be successful the officer shall deliver to the father, mother, or other person having charge of the child, free of charge, a certificate that the child has been successfully vacci nated, and shall note the same in a book to be kept by such officer for that purpose.

§ 920. On the presentation of any child to be vaccinated, should the officer deem the child to be in an unfit state to be vaccinated, he may postpone the operation at his discretion, and give due notice to the parents or person having charge of such child to reproduce the same for vaccination at a future time.

§ 921. The vaccinating officers shall visit the several stations appointed by them at least once in every six months, and oftener if required so to do by the governor or board of health.

922. Every parent, guardian, or other person having the charge of any child, who shall refuse or neglect to comply with the provisions of the law respecting vaccination, shall be subject to a fine of five dollars, one-half of which shall be paid to the informer.

§ 923. The several vaccinating officers shall keep a faithful record of their transactions, and make an annual report of the same to the governor.

§ 924. The vaccination of children required by law may be performed by the officers appointed for such purpose by the board of health, or by duly licensed physicians, at the option of the parents or guardians of such children.

Every parent or guardian having the charge of any child, who shall fail to cause such child to be properly and successfully vaccinated within the age prescribed by statute, shall be liable to a fine of five dollars.

§ 925. No child shall be admitted to any public or private school without producing a certificate of vaccination or showing marks of successful vaccination.

The principal or teacher of any public or private school who shall admit to such school any child without such certificate or marks shall be liable to a fine of five dollars.

§ 926. No physician or other person shall vaccinate any person in this Territory with matter other than bovine virus. Every person violating the provisions of this section shall, upon conviction thereof, be fined not to exceed fifty dollars for each offense.

PART VI.-LAUNDRIES AND WASHHOUSES.

WHEREAS the increasing number of laundries and washhouses within the limits of the city of Honolulu tends to the propagation and dissemination of disease;

AND WHEREAS it is advisable that all laundries and washhouses should be placed under the control and inspection of the board of health: Therefore,

§ 927. It shall be lawful for, and the superintendent of public works is hereby authorized and empowered to cause to be built and erected in the district of Kona, island of Oahu, a sufficient number of laundries and washhouses, and to let the same to persons applying therefor at such rents and upon such terms as the said superintendent of public