CHAPTER 81.

LANDING AND DRIVING CATTLE IN HONOLULU.

§ 1438. The superintendent of public works may designate a wharf or other landing place, with sufficient depth of water to accommodate coasting vessels, at which all cattle brought into the harbor of Honolulu in coasting vessels shall be landed; and the wharf or other place so set apart shall be published for at least three months, in the Hawaiian and English languages, in two newspapers published in Honolulu.

§ 1439. The superintendent of public works is hereby authorized to purchase for the Hawaiian government, and pay for the same out of the proceeds of sales of real estate, a suitable location for a wharf and road, to which all cattle brought into the harbor of Honolulu in coasting vessels shall be landed, and he shall establish reasonable charges for the use of such landing place.

§ 1440. Any person landing cattle from a coasting vessel at any wharf or other place in the harbor of Honolulu, other than that named and published by the superintendent of public works, as provided in the first section of this chapter, shall be subject to a fine of not less than twenty-five dollars nor more than one hundred dollars for each offense; and the vessel from which cattle may be so landed shall be liable for the amount of the fine and costs.

§ 1441. All driving of cattle through or over the streets of the city of Honolulu, and the leading thoroughfares within one-quarter of a mile thereof, from the intersection of King and Nuuanu streets, or upon any part of Nuuanu street, within one mile of such intersection, is hereby strictly prohibited, unless such cattle shall be sufficiently bound and controlled so as effectually to prevent all damage to the public, under a penalty of ten dollars for every head of such cattle so driven; the same to be recovered before the district magistrate of Honolulu.

§ 1442. This chapter shall not be construed to prohibit the driving of cattle between the hours of eleven o'clock in the evening and eight o'clock in the morning, through such streets and under such regulations as may be prescribed from time to time by the superintendent of public works.

NOTE TO CHAPTER 81.

SS 1438 to 1442 are P. C., ch. 81, unaltered.

CHAPTER 82.

PRISONS.

§ 1443. The governor, his ministers, the judges of the supreme and circuit courts, members of the legislature, of the board of education, and the diplomatic and consular agents of foreign nations shall be allowed at suitable hours freely to visit any prison.

§ 1444. None but official visitors named in the last preceding section shall be allowed to visit any prison or to have any verbal or written communication with the prisoners, unless with permission of the chief sheriff or the keeper of the prison; nor shall any visitor whatever deliver or receive from any of the prisoners any letter or

message, or supply any of them with any articles of any kind, except with the permission of and through the chief sheriff or keeper of the prison, under a penalty of not less than five nor more than two hundred dollars.

NOTE TO CHAPTER 82.

SS 1443-1444 are P. C., ch. 82, §§ 2-3.

P. C.. ch. 82, § 1, was also P. C., ch. 41, § 11, and Civil Code, § 214; it was repealed as part of P. C., ch. 41, by S. L., 1882, ch. 44.

CHAPTER 83.

TRESPASS OF ANIMALS-BRANDS AND MARKS.

§ 1445. If any person shall maliciously and designedly open a gateway or break a fence, so as to allow any animal ingress or egress so that it may commit a trespass, or shall maliciously and designedly drive or lead any animal into another locality where it may commit a trespass, he shall, for every offense, be subject to a fine of not more than one hundred dollars, or shall be imprisoned at hard labor not more than one year.

§ 1446. It shall be unlawful for any person to use any brand or mark that has been duly registered according to law in the name of another, except by the consent of such registered owner, his executors, administrators, or assigns. Any person violating the provisions of this section shall, upon conviction before any district magistrate, be fined five dollars for each animal so branded or marked.

§ 1447. It shall be unlawful for any person or corporation to use any brand that has not been duly registered according to law. Any person, officer of a corporation, or corporation using any brand that has not been duly registered according to law shall, upon conviction before any district magistrate, be fined not less than one dollar nor more than five dollars for each animal so branded.

§ 1448. Any person who shall obliterate any brand or mark on any animal by placing another brand or mark over the same or otherwise, although without a felonious intent, shall be subject to a fine not exceeding twenty dollars, in the discretion of the court, for every brand or mark so obliterated.

NOTE TO CHAPTER 83.

SS 1445-1446 are S. L. 1888, ch. 35, § 18 and § 20; repealing P. C., ch. 83, § 1. $1447 is P. G., act 39.

1448 is P. C., ch. 83, § 2.

CHAPTER 84.
FISHERIES.

§ 1449. All fishing grounds appertaining to any government land or otherwise belonging to the government, excepting only ponds, shall be and are hereby forever granted to the people, for the free and equal use of all persons: Provided, however, That for the protection of such fishing grounds the governor may tabu the taking of fish thereon at certain seasons of the year.

§ 1450. The governor shall give public notice of any such tabu imposed by him; and no such tabu shall be in force until such notice has been given. Every person who shall violate such tabu shall be

punished by a fine not exceeding fifteen dollars and the value of the fish taken.

[SS 1451-1457.]

§ 1458. No person who has bought, or who may hereafter buy, any government land, or obtain land by lease or other title from any party, has or shall have any greater right than any other person, resident in this Territory, over any fishing ground not included in his title, although adjacent to said land.

[§ 1459.]

§ 1460. Every konohiki or other person who shall willfully deprive another of any of his legal rights to fish on any fishing ground which now is or may become free to the use of the people, or who shall willfully exact from another any portion of the fish caught on any public fishing ground, or who shall willfully exact of another, for the use of any private fishery, a greater amount of fish than by law he is entitled to receive as his share, and any tenant or other person who shall willfully deprive any konohiki of his fishing rights, by appropriating to himself the tabooed fish of said konohiki, or otherwise, shall be punished by a fine not exceeding one hundred dollars for every such offense, in the discretion of the court, and in default of the payment of such fine be imprisoned at hard labor not exceeding three months.

§ 1461. The several district magistrates shall have power to try and punish all offenses against the provisions of the last preceding section committed in their respective districts.

USE OF EXPLOSIVES.

§ 1462. No person shall use giant powder or any other explosive substance in taking fish within or upon any harbors, streams, reefs, or waters within the jurisdiction of this Territory.

$1463. The possession, by fishermen, fish venders, or persons in the habit of fishing, of fish killed by giant powder or other explosive substance shall be prima facie evidence that the person in whose possession such fish were found used giant powder or some other explosive substance in taking such fish, contrary to the provisions of sections 1462-1465.

§ 1464. Whosoever violates the provisions of sections 1462-1465 shall be punished by a fine not exceeding one hundred dollars nor less than twenty-five dollars, or by imprisonment at hard labor not exceeding six months, or both, in the discretion of the court.

§ 1465. The several district magistrates shall have jurisdiction in all cases under sections 1462-1465.

YOUNG FISH.

§ 1466. It shall not be lawful for any person to take, catch, or destroy the young of the fish known as mullet and the awa under four inches in length in any of the bays, harbors, waters, or streams of this Territory: Provided, however, That nothing in sections 1466-1468 shall prevent the taking of the fish hereinabove prohibited for the purpose of stocking ponds.

§ 1467. It shall not be lawful for any person to sell or offer for sale or have in his possession, except alive, any of the young fish mentioned in section 1466.

§ 1468. Any person violating the provisions of sections 1466-1468 shall, upon conviction before any district magistrate, be punished by a fine of not less than twenty nor more than two hundred dollars, or

by imprisonment at hard labor for not less than ten nor more than ninety days, or both such fine and imprisonment, in the discretion of the court: Provided, nevertheless, That no such fine shall be imposed upon any person who, fishing for other fish, accidentally takes or catches no more than forty of the young fish mentioned in section 1466.

NOTE TO CHAPTER 84.

SS 1449-1451 are P. C., ch. 84, §§ 1-3.

1452 is C. L., § 387.

1453 is S. L., 1892, ch. 18.

SS 1454-1461 are C. L., §§ 389-396.

1462 is S. L., 1872, ch. 2, § 1, C. L., p. 552. 1463 is S. L., 1888, ch. 30.

1464 is S. L., 1892, ch. 10.

1465 is S. L., 1872, ch. 2, § 3, C. L., p. 552.

SS 1466-1468 are S. L., 1888, ch. 58.

Cases in Hawaiian Reports: Haalekea v. Montgomery, 2 Haw., 62; Oui v. Meek, 2 Haw., 87; Hatton v. Piopio, 6 Haw., 334; Shipman v. Commissioners, 6 Haw., 353; Halstead v. Gay, 7 Haw., 589.

CHAPTER 85.

BIRDS AND GAME.

PART I.-PROTECTION OF BIRDS AND GAME.

WHEREAS great damage is caused yearly in the Territory of Hawaii during the rainy season by the ravages of caterpillars, cutworms, and other destructive grubs, to the various growing crops, such as wheat, corn, and tobacco, and to the pasturage; AND WHEREAS, by a bountiful dispensation of Providence, the birds known here as the kolea, or plover, and the akeeke, or lesser pied plover, and the kukuluaeo, or long-legged plover, annually migrate to this Territory during the winter months and destroy vast numbers of the said destructive larvæ by feeding on them; AND WHEREAS insectivorous birds have been brought from foreign countries with a view to their being propagated here: Therefore, § 1469. Any person who shall, from the first day of August to the last day of December, inclusive, of each year, and from the first day January to the last day of February, inclusive, of each year, kill or destroy by shooting, snaring, or otherwise, any one of the above specified birds, shall, on conviction thereof before any district magistrate, be fined in the penal sum of one dollar for each offense, to remain in custody until such fine be paid.

§ 1470. Any person who shall, from the first day of August to the last day of December, inclusive, of each year, and from the first day of January to the last day of February, inclusive, of each year, sell, or offer for sale, any one of the before-named birds, shall, upon conviction thereof before any district magistrate, be fined in the penal sum of one dollar for each offense, to remain in custody until such fine be paid.

§ 1471. Any person who shall shoot, snare, or otherwise destroy any bird brought from a foreign country for the purpose of propagating its species within this Territory, or any of the progeny of such imported bird; or who shall disturb the eggs and nests of such birds, shall, on conviction before any district magistrate, be fined not less than ten dollars nor more than twenty dollars for each offense, and in default of payment be imprisoned until such fine is paid.

§ 1472. Whoever shall sell, or offer for sale at any time, any one of the birds mentioned in section 1471, shall, on conviction before any district magistrate, be fined in the sum of ten dollars, and in default of payment, be imprisoned until such fine is paid.

WHEREAS the imported bird called the mynah has increased, and has become an intolerable nuisance to the agriculturist and fruit grower, and its slaughter is yet restrained by law: Therefore, Be it enacted, etc.

§ 1473. The restrictions imposed by section 1471 upon the killing or destroying of imported foreign birds is hereby removed and abolished as to the bird called the mynah bird.

§ 1474. Nothing herein contained shall be held to repeal or abolish said section 1471 as to any bird or animal excepting the mynah bird. § 1475. It shall be unlawful to take, kill, or destroy any migratory wild duck, plover, snipe, turnstone, curlew, stilt, or mud hen between the first day of May and the fifteenth day of September.

To take, kill, or destroy any native wild duck, Hawaiian goose, between the first day of February and the fifteenth day of September; To take, kill, or destroy any quail or pheasant between the first day of March and the fifteenth day of September;

To take, kill, or destroy any wild dove or wild pigeon between the first day of February and the first day of July;

To take, gather, or destroy the eggs of any wild duck, mud hen, pheasant, dove, pigeon, or quail at any time. To buy, sell, or offer for sale, transport, or have in possession any of said game at any time when it is unlawful to kill the same.

§ 1476. Any person convicted before a district magistrate for violating any of the provisions of section 1475, shall be fined not less than ten dollars ($10.00) nor more than fifty dollars ($50.00).

§ 1477. Nothing in sections 1469-1472, 1477, 1479-1480, shall be construed as authorizing the killing, destroying, or ensnaring of any birds already imported, or that may hereafter be imported, for the purposes set forth in the above-mentioned sections.

§ 1478. All turkeys, pheasants, quail, peafowl, geese, or chickens running wild and at large on lands in this Republic shall belong to and be the property of the owner or owners of such lands.

§ 1479. No person shall shoot or otherwise destroy any animal fera naturæ, which shall have been introduced into this Territory within ten years, nor the progeny of such animals, under a penalty of not more than fifty dollars for each offense.

§ 1480. Nothing in sections 1469-1472, 1477, 1479–1480 shall be construed to prohibit the destruction of such birds or animals as shall be proved to be common nuisances.

PART II.-SHOOTING ON PRIVATE GROUNDS.

§ 1481. It shall not be lawful for any person or persons to enter upon any land belonging to or occupied by another for the purpose of hunting with dogs, or to shoot, kill, take, or destroy any kind of game without first having obtained permission from the owner or occupier of such land.

§ 1482. Any person who shall violate the provisions of section 1481 shall be deemed guily of a misdemeanor, and shall be punished upon conviction by a fine of not less than five dollars nor more than twentyfive dollars; provided, however, that no prosecution shall be had under the provisions of this section except upon the sworn complaint of the owner or occupier of such land.