spritsail yards, and top their lower and topsail yards within twentyfour hours after anchoring in such port; and in all cases before attempting to come alongside of or make fast to either of the docks or wharves, and keep them so rigged in and topped until within twentyfour hours before leaving the harbor, and until after removing from any wharf or dock, under the penalty of a fine not exceeding one hundred dollars. § 1128. All vessels anchoring outside the reef at Honolulu shall, when so requested by the harbor master or any pilot, change their anchorage and anchor in such place as he may direct, under penalty of a fine not exceeding one hundred dollars. § 1129. No combustible materials, such as pitch, tar, resin, or oil, shall be heated on board of any vessel within the harbor of Honolulu, but all such combustible articles shall be heated either on shore, or in a boat, or on a raft, at a reasonable distance from the vessel, of which distance the harbor master shall be the judge. Every person violating the provisions of this section shall be liable to a fine not exceeding one hundred dollars. § 1130. No stones or other rubbish shall be thrown from any vessel into the harbor of Honolulu or Hilo, under penalty of a fine not exceeding one hundred dollars, and the master of any vessel from which stones or rubbish are thrown shall be subject to a like fine. § 1131. Any person who shall throw, or cause to be thrown, or leave or cause to be left, for the space of six hours, upon the shores or reefs of any harbor in this Territory, any dead animal, shall be subject to a fine not exceeding one hundred dollars, and shall cause the same to be removed without delay. § 1132. Every vessel taking on board or discharging any ballast or coals within the harbor of Honolulu shall have a tarpaulin properly stretched and spread so as to prevent any from falling into the water, under penalty of a fine not exceeding one hundred dollars. § 1133. If any person commit any offense on shore, and the offender escape on board any vessel, it shall be the duty of the commanding officer of said vessel to surrender such offender to any officer of the police who may demand his surrender, either with or without a warrant, on production of his commission or appointment; and if such commanding officer shall refuse to surrender such offender, he shall be subject to a fine of not less than fifty nor more than one thousand dollars. § 1134. If the commanding officer of any vessel shall secrete or allow to be secreted on board such vessel any prisoner amenable to or convicted under the laws of this Territory, or convey him out of the jurisdiction of the Hawaiian Islands, he shall be subject to a fine of not less than fifty nor more than one thousand dollars; and the vessel in which such prisoner shall be conveyed shall be liable to a like fine, for the payment of which she may be seized, condemned, and sold. § 1135. It shall be lawful for the chief sheriff, any sheriff, or other police officer to search any vessel for deserters, criminals, or other offenders or debtors, without a warrant, on producing to the commanding officer of the vessel his commission or appointment as chief sheriff, sheriff, or police officer; and the commanding officer of a vessel who shall refuse any chief sheriff, sheriff, or other police officer access to the vessel or any part thereof shall be subject to a fine not less than ten dollars nor more than one thousand dollars, in the discretion of the court; and such vessel shall not be entitled to a clearance until the fine is paid and the search allowed; provided, however, that the provisions of this section shall not be construed to interfere with the jurisdiction of foreign consuls under existing treaty stipulations. § 1136. Nothing contained within the last three preceding sections shall be so construed as to apply to ships of war or other vessels commanded by officers bearing the commissions of foreign states and not subject to search by the law and usage of nations. [§ 1137.] NOTE TO CHAPTER 66. SS 1124-1137 are P. C., ch. 66, §§ 1-14. P. C., §§ 15-16, repealed by S. L. 1888, ch. 57. [CHAPTER 67.] [§§ 1138-1144.] CHAPTER 68. [§§ 1145-1179.] HARBOR MASTERS. § 1180. The superintendent of public works shall appoint a harbor master for such of the ports of entry for merchant vessels as he may deem necessary, who shall hold office during his pleasure, and who, before entering upon the duties of his office, shall give a bond to him in the penal sum of at least one thousand dollars, with sureties to be approved by him, conditioned that he will faithfully and honestly discharge the duties of harbor master and account for and pay over to him all moneys received by him as required by law. § 1181. It shall be the duty of the harbor master of Honolulu and Hilo to board all vessels arriving from foreign ports, as soon as possible after they shall have entered the harbor, to direct them where and how to moor or make fast, to change their anchorage or moorings from time to time as circumstances may require, and to see that the commanding officer has the printed port regulations. He shall also be wharfinger at the port for which he is appointed. § 1182. The harbor master of Honolulu and of Hilo shall also have authority over the anchoring, mooring, and making fast of all hulks, coasters, boats, and other craft in the harbor; and he is charged in general with the enforcement of all harbor regulations. § 1183. The harbor master of Honolulu shall not act as a pilot of the port. § 1184. The harbor master at the respective ports is charged with the granting of permits for the discharge and residence on shore of foreign seamen, as prescribed by law; and it shall be his duty to notify the chief of police of the port on the expiration of every such permit. § 1185. The harbor master of Honolulu, and also of Hilo, shall be entitled to collect and receive from every vessel, except vessels engaged in the coasting trade, boarded by him, or to which he renders assistance or service, the sum of three dollars, in addition to his disbursements for the use of boats and warps, and for labor in mooring or making fast such vessels; and if necessarily detained on board more than two hours at any one time, he shall be paid at the rate of one dollar per hour for such extra detention; and for each time that he may be called upon to board, or that it may be necessary for him to board, any such vessel, after having once moored her properly, he shall be entitled to receive the same pay as in the first instance. § 1186. The compensation of the harbor masters of other ports shall be such reasonable sum as may be determined by the superintendent of public works: Provided, That it shall be at his option to refuse any compensation in cases where they shall deem it unnecessary. § 1187. The harbor masters shall receive for their services as wharfingers such a reasonable percentage of the receipts from wharfage as may be determined by the superintendent of public works, not to exceed ten per cent. § 1188. It shall be the duty of the several harbor masters to make a quarterly report of the transactions of their offices, together with the amount of compensation received by them, to the superintendent of public works. PILOTS AND BOARDING OFFICERS. § 1189. The superintendent of public works shall appoint and commission three pilots for the port of Honolulu. Such pilots may be removed or suspended by the superintendent for misconduct, carelessness, or neglect of duty, or other satisfactory cause. The superintendent may appoint deputies or substitutes of any such pilots in case of sickness or temporary absence. § 1190. Each pilot, before appointment, shall be examined as to his fitness to act as pilot, and the superintendent of public works shall make rules and regulations for such examination. § 1191. The superintendent of public works shall appoint one or more pilots for each of the ports of Hilo and Hanalei, to hold office during the pleasure of said superintendent. Said pilots, in case of sickness or temporary absence, may, with the approval of the superintendent, appoint deputies to act in their behalf, for whose conduct they shall be responsible. § 1192. Each of the pilots for Honolulu shall give a bond to the superintendent of public works, with sureties, to be approved by said superintendent, in the penal sum of five thousand dollars; and the pilots for other ports shall give a like bond, in the penal sum of one thousand dollars, which bond shall be conditioned that the pilot shall faithfully perform all the duties imposed on him by law, that he will not countenance any evasion or infraction of the revenue laws, and that he will continually hold himself in readiness to conduct vessels safely into and out of the port for which he is appointed. § 1193. In case of a breach of the conditions of any such bond, the superintendent, or any person injured thereby, may institute a suit upon such bond before any judge of a court of record, and thereupon recover such damages as shall be assessed, with costs of suit, for which execution may issue in favor of such person; and in case the party prosecuting shall fail to recover in the suit, judgment may be rendered, and execution may issue for costs in favor of the defendant against the party who shall have instituted the suit. Every suit on any such bond shall be commenced within one year after the right of action shall have accrued, and not afterwards. § 1194. Upon the arrival of any vessel making the usual marine. signal for a pilot, it shall be the duty of the pilot or pilots at the port to immediately put off to such vessel, taking with him a white and a yellow flag, to enquire into the sanitary condition of the ship and the health of those on board; and upon being assured to his satisfacHA- -30 tion that there is no danger to be apprehended from any contagious disease, he hall board such vessel, but not otherwise. § 1195. Upon boarding the vessel the pilot shall present the commanding officer with a health certificate, to be signed by him, and in case the same shall be signed the white flag shall be immediately hoisted at the main, and the pilot shall be at liberty to bring the vessel into port; but in case the commanding officer shall decline to sign the certificate of health, the pilot shall deliver him a yellow flag, which the master shall hoist at the main, and the vessel shall be placed in quarantine outside of the harbor and anchored where the pilot may direct. Any pilot who shall conduct a vessel into any port in this Territory in violation of the provisions of this section or any of the regulations of the board of health, or knowing that there is just ground to suspect the existence of contagion on board, shall be liable to a fine not exceeding five hundred dollars, and every vessel the master of which shall have declined to sign a certificate of health as above prescribed shall, upon entering port, be liable to seizure, confiscation, and sale. § 1196. If the pilot, after boarding any vessel, shall discover the existence of a contagious disease, he shall not return on shore; neither shall it be lawful for any of the ship's company or passengers to land or communicate with the shore, or board any other vessel, without permission of the board of health or the superintendent of public works, under a penalty of a fine not exceeding five hundred dollars. § 1197. The pilots of Honolulu shall bring the vessel which they may take charge of fully within the harbor (within the inner buoy unless otherwise directed by the harbor master) and anchor her in a suitable and convenient place, under penalty of forfeiting their commissions. § 1198. No pilot shall take out any vessel that may be under attachment or arrest by virtue of any process, nor before she has obtained her clearance, under penalty of forfeiting his commission and paying a fine not exceeding one thousand dollars. $1199. The compensation of the pilots shall be as follows: One dollar per foot upon the vessel's draft coming into port, and the same going out of port. § 1200. The compensation of pilots for the port of Honolulu shall be such as shall be fixed and appropriated by the legislature. § 1201. The fees and charges for pilotage of the port of Honolulu shall be as follows: For coming into port, and also going out, for all mail steamers of one thousand tons register or upwards, fifty dollars; for transient steamers of one thousand tons and upwards, seventy-five dollars; for all vessels of war, two dollars per foot on draught of water; for all sailing vessels under two hundred tons register, one dollar and a half per foot; all other vessels and steamers, five cents per ton; for anchoring vessels outside, twenty dollars. If brought into harbor, this charge shall be reduced to ten dollars. For any detention on board a vessel for more than twenty-four hours the compensation shall be seven dollars per day. All receipts for fees and charges for pilotage at the port of Honolulu shall be paid to the superintendent for the use of the government of Hawaii. §1202. The compensation of the pilots at the ports of Kahului, Maui, and Hilo, Hawaii, shall be as follows: One dollar and fifty cents per foot on the vessel's draft coming into port, and the same for going out of port. For anchoring any vessel off the said ports of Kahului and Hilo, ten dollars; provided that the pilot be not detained on board longer than twenty-four hours, and for all detention on board beyond that time, five dollars per day. § 1203. If any foreign vessel, or Hawaiian vessel engaged in foreign trade, shall enter or depart from any of the ports for which pilots may be appointed without a pilot, such vessel shall be liable to one-half pilotage. [§§ 1204-1209.] § 1153 is S. L. 1884, ch. 15. SS 1156-1157 are S. L. 1864; C. L., p. 519. 1158 is S. L. 1874, ch. 20; C. L., p. 519. 1159-1171 are P. C., ch. 68, §§ 10-22. 1172 is P. C., ch. 68, § 23, amended by S. L. 1874, ch. 16; C. L., p. 164. SS 1173-1188 are P. C., ch. 68, § 24-39. S$ 1189-1190 are S. L. 1892, ch. 49. SS 1191-1196 are P. C., ch. 68, §§ 40-45. SS 1197 is C. L., § 597. $1198 is P. C., ch. 68, § 46. 1199 is part of P., ch. 68, § 47, the remainder being superseded by S. L. 1892, ch. 49. S$ 1200-1201 are S. L. 1892, ch. 49. 1202 is S. L. 1880, ch. 4; C. L., 1203 is P. C., ch. 68, § 48. p. 171. Cases in Hawaiian Reports: R. v. Aho, 5 Haw., 565; Cleghorn v. Samishoo, 7 Haw., 189; Republic v. Hoffschlaeger, 10 Haw., 481. [CHAPTER 69.] [§§ 1210-1212.] [CHAPTER 70.] [§§ 1213-1258.] [CHAPTER 71.] [SS 1259-1293.] [CHAPTER 72.] [SS 1294-1306.] [CHAPTER 73.] [S$ 1307-1308.] [CHAPTER 74.] [SS 1309-1319.] [CHAPTER 75.] [§§ 1320-1332.] [CHAPTER 76.] [§ 1333.] |