construct, or cause to be constructed or maintained, any awning, shade, or balcony except in accordance with the following provisions: Such awning, shade, or balcony should be securely supported on wroughtiron brackets built into the walls, and shall be supported without posts, and shall be not less than eleven feet above the line of the curb levels of the sidewalk, and shall have a gutter formed to carry off the water to the line of the building and from thence to the street gutter: Provided, That no gutters will be required to be constructed on cloth or canvas awnings or shades: Also provided, That the height of all movable canvas or cloth awnings or shades hereafter constructed shall not be less than seven and a half feet above the line of the curb level or the sidewalk. No awning, shade, or balcony shall extend beyond the line of the curb. No awning, shade, or balcony shall be inclosed to a greater height than three feet six inches: Provided, That no awning, shade, or balcony shall be erected on any building facing on any streets, lane, alley, or place which is thirty feet or less in width; and no awning, shade, or balcony shall be constructed on the sides or rear of any building within the fire limits unless there is a clear space of not less than thirty feet between such building and the adjacent buildings, and then they shall be constructed of fireproof materials. No signs shall placed on the front, rear, or sides of any building higher than its blocking course or fire wall, and no sign made of wood, canvas, or cloth shall exceed three feet in height. All signs must be securely bolted to the building upon which they are placed. No framework shall be placed above the roof of any building and covered with inflammable material for signs or any other purposes.

§ 1094. No cornice, entablatures, belt courses, or other ornamental projections of wood shall be placed on any fireproof building within the fire limits of Honolulu. All exterior cornices, entablatures, belt courses, and other projections of an ornamental character shall be constructed of some fireproof material; if of iron, to be riveted together with rivets not more than 2 inches apart, and shall be supported on wrought-iron brackets built into the wall at distances not to exceed 2 feet apart; and in every instance the greatest weight of stone, iron, or other material of which they shall be composed shall be on the inside of the outer line of the wall on which they may rest in the proportion of 4 of wall to 2 of cornice in weight; allowance must be made for the excess of leverage produced by the projection of cornice beyond the face of the wall; all cornices shall be well secured to the wall with iron anchors, independent of any woodwork, and in all cases the walls shall be carried up to the planking of the roof; and when the roof is below the cornice, then the wall shall be carried up to the top of the cornice, or the blocking over the same, and shall be coped with some fireproof material. All wooden cornices or gutters on fireproof buildings that are now or may hereafter become unsafe shall be taken down and reconstructed of some fireproof material, upon an order from the superintendent of public works.

§ 1095. All openings in party or rear walls must be protected by iron or iron-covered shutters, to be approved by the superintendent of public works; and all party and rear walls of any building fifteen feet or more in height shall be built up and extend at least thirty inches above every point where the roof meets the wall, and such wall shall be not less than twelve inches in thickness. Detached buildings having a frontage on all sides and constructed with the exterior entirely of fireproof materials need have no wall above the

roof line, but the walls will extend up behind the cornice to the planking of the roof.

$1096. Any person violating any of the provisions of sections 10901097 shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine not more than five hundred dollars; the continuance or maintaining of such violation after conviction shall be deemed a new offense for each day on which the same is so continued or maintained, and shall be punished accordingly.

§ 1097. It shall be the duty of the fire marshal of Honolulu, the chief sheriff of the Territory, his deputy, or any police officer to report any infringement of the provisions of sections 1090-1097 to the superintendent of public works, who shall immediately take necessary steps for the prosecution of the offender.

§ 1098. Whenever the provisions of sections 1090 to 1097 are violated, the district magistrate of the district of Kona, island of Oahu, shall have jurisdiction to hear and determine such cases.

SS 1078-1085 are S. L. 1886, ch. 16, amended as follows: SS 1079 and 1082 by 1890, ch. 72.

PART V.

SS 1086-1087 are S. L. 1882, ch. 22; C. L., p. 667.

SS 1088-1089 are S. L. 1884, ch. 13.

SS 1090-1097 are S. L. 1886, ch. 2, amended as follows: SS 1090-1091 by S. L. 1896, act 31; § 1095 by S. L. 1892, ch. 42.

§ 1098 is S. L. 1886, ch. 5.

Cases in Hawaiian Reports: McGuire v. Tong Wo, 5 Haw., 41; Rex v. Tong Wo, 5 Haw., 20; Thomas v. Norton, 8 Haw., 68.

CHAPTER 64.

GUNPOWDER.

§ 1099. The governor may make such regulations for the storing, keeping, and transportation of gunpowder in any town of the Territory as he may think the public safety requires, and no person shall store, keep, or transport any gunpowder in any other quantity or manner than is prescribed in such regulations.

§ 1100. Whoever shall violate any of such regulations shall be fined for each offense not less than twenty nor more than one hundred dollars.

§ 1101. All gunpowder introduced into or kept in any town contrary to said regulations may be seized by any sheriff or any other officer of police, and the same shall be forfeited for the benefit of the public treasury.

§ 1102. Any person injured by the explosion of any gunpowder in the possession of any person contrary to the regulations prescribed by the governor, may have an action for damages against the person having custody or possession of the same, at the time of the explosion, or against the owner of the same, if cognizant of such neglect.

§ 1103. All sheriffs and other officers of police shall have authority to enter any building or place to search for gunpowder supposed to be concealed there contrary to law, and any district magistrate may grant a search warrant for that purpose.

§ 1104. No regulations for the safe-keeping of gunpowder shall take effect until they have been published three weeks successively in some newspaper in the town, or by posting up attested copies in three places in such town.

§ 1105. The importation into the Hawaiian Islands of firearms, ammunition, dynamite, giant powder, and similar explosive substances, except by the Government, is hereby prohibited: Provided, however, That the governor may, upon application, allow the importation of such goods at their discretion, subject to the legal duties thereon. NOTE TO CHAPTER 64.

SS 1099-1104 are P. C., ch. 64, §§ 1-6. 1105 is P. G., act 9.

CHAPTER 65.

PUBLIC MARKETS.

§ 1106. The superintendent of public works, under the direction of the governor, is hereby charged with the designation of suitable places to be used as public markets and with the construction, repair, and regulation of all such markets.

§ 1107. Said superintendent, with the approval of the governor, may appoint a clerk of the markets of Honolulu, and also clerks of the markets of other places, whenever the public good may require the

same.

§ 1108. Every clerk of the market thus appointed shall, before entering upon the duties of his office, execute a bond in the penal sum of one thousand dollars, with sufficient surety or sureties, to be approved by the superintendent of public works, payable to said superintendent for the use of the public exchequer, and conditioned for the faithful performance of his official duties.

§ 1109. Every clerk of a market shall faithfully collect the market fees and fines, as they may be prescribed, from time to time, by the superintendent of public works, with the approval of the governor, keeping an account of the same in a suitable book or books, and shall quarterly render a true and faithful account of all moneys received by him in virtue of his office, and pay the same over to said superintendent.

§ 1110. It shall be the duty of every clerk of a market to designate and declare to what uses and purposes the stalls and stands of said market shall be appropriated, and from time to time to lease the same by auction or otherwise, as the superintendent of public works may direct. The rents of all markets shall be paid in advance and shall be collected and accounted for by the respective clerks.

§ 1111. It shall be the duty of every clerk of a market to cause all dirt and filth which may accumulate in said market to be removed daily, and in all other respects to keep said market in a pure, clean,

and healthy condition. To enable him to do this he shall have the power to prescribe such rules and regulations for the observance of those occupying stalls and stands in the market as may be necessary to keep the same pure and clean and as the superintendent of public works may approve.

§ 1112. It shall be the duty of every clerk of a market once in every month, and whenever requested so to do by any purchaser in said market, to inspect all the weights, measures, and beams used in weighing and measuring in such market, and at the expense of the owners to make them conform to the standard weights and measures of the Territory; and if any person shall refuse to exhibit his weights and measures, or to make them conform to those established by law, he shall be fined twenty-five dollars.

§ 1113. Any person using any weights or measures in a public market, not approved by the clerk of such market, shall be fined ten dollars, and he shall besides be liable in tenfold damages to any person injured by his conduct.

§ 1114. Every day in the week except Sunday shall be a public market day, and it shall be the duty of every clerk of a market to attend such market on market days, and to enforce the laws and regulations applicable to the same.

§ 1115. The public markets shall be opened upon every market day from the hour of five o'clock in the morning until seven o'clock in the evening, and no longer, except on Saturday, when they shall be kept open until ten o'clock in the evening.

§ 1116. Every person who shall violate any of the rules and regulations prescribed for the government of any public market or markets, or who shall stand or occupy for the sale or vending of any poi, fish, crawfish, oysters, or shellfish, or any kind of fruit or vegetables, in any street in the city of Honolulu, shall be fined one dollar for such offense, and it shall be the duty of the clerk of the market to prosecute all such offenders: Provided, however, That the fines mentioned in this section shall not be imposed until such time as suitable markets and conveniences are set apart for the public use by the superintendent of public works.

1117. The salaries of all clerks of markets shall be fixed by the superintendent of public works, with the approval of the governor.

WEIGHTS AND MEASURES.

§ 1118. It shall be the duty of the superintendent of public works to procure a standard set of weights and measures; and he shall annually (or oftener in his discretion) cause all beams, weights, and measures in this Territory used by persons selling any goods, wares, merchandise, fruits, vegetables, or other commodity to be tested at the place where used, by such standard weights or measures, and to seal such as shall be found true with the capital letters R. H. He shall in like manner cause to be tested all beams, weights, and measures which shall be brought to him to be tested.

§ 1120. The charge for testing any beam, weights, or measure shall be as follows: For sealing and marking every beam, fifty cents; for sealing and marking every measure of extension, twenty-five cents; for sealing and marking every weight, ten cents; for sealing and marking every liquid or dry measure, ten cents; and a reasonable compensation for making such weights and measures conform to the standard.

Provided, however, That no charge shall be made for more than two inspections of the same beam, weight, or measure in one year. All fees collected under this section shall be paid into the treasury as government realizations.

§ 1121. The standards of weights and measures shall be those adopted and now used, or that may be adopted and used, by the United States of America.

§ 1122. Whenever any wheat, rye, Indian corn, barley, or oats shall be sold by the bushel, and no special agreement as to the measurement shall be made by the parties, the bushel shall consist of sixty pounds of wheat, of fifty-six pounds of rye, of fifty-six pounds of Indian corn, of forty-eight pounds of barley, and thirty-two pounds of oats.

§ 1122A. Any person who shall wilfully and fraudulently change any beam, weight, or measure after the same shall have been tested and sealed shall be liable on conviction in any district court to pay a fine not to exceed fifty dollars for each such offense.

§ 1123. If any person shall sell any goods, wares, or merchandise, fruit, vegetables, or other commodity whatsoever by any beams, weights, or measures that have not been duly sealed, he shall be fined for each offense a sum not exceeding fifty dollars; and any person who shall be injured or defrauded by the use of any such beams, weights, or measures may maintain an action against the offender; and if judgment be rendered for the plaintiff he shall recover double damages and the costs of suit.

NOTE TO CHAPTER 65.

1106, 1117, 1121, 1122, 1123 are P.,C ch. 65.
1118, 1120, 1122A are S. L. 1898, act 51.

CHAPTER 66.

PORT REGULATIONS.

§ 1124. All vessels that may enter any port shall be anchored in the place designated by the harbor master, and moved from one anchorage to another, as he may direct; and no vessel, excepting coasting vessels under fifty tons burthen, and vessels about to leave the harbor, shall quit her anchorage or moorings until the commanding officer shall have received the written permission of the harbor master, under penalty of a fine not exceeding one hundred dollars.

§ 1125. The harbor master or any pilot, while removing a vessel from one anchorage or mooring to another, may make fast to any other vessel, or to any warp, or wharf; and any person resisting the same, cutting away, or casting off the warp or fastening shall be subject to a fine not exceeding one hundred dollars; and if such person belong to any vessel the master of such vessel shall be responsible for any damages resulting from such resistance, cutting away, or casting off, as well as the fine imposed upon the offender.

§ 1126. In order to facilitate the removing and placing of vessels in their proper berths, all vessels in the harbor shall, when requested by the harbor master or any pilot, slack down their stream cables and other fastenings, and also their bower chains, under penalty of a fine not exceeding one hundred dollars.

§ 1127. All vessels entering port shall, if so requested by the harbor master or any pilot, rig in their jib, flying jib, and spanker booms, and