§ 1504. The box, phial, or other package in which any deadly poisons shall be sold or delivered shall bear a label containing the word "Poison," in large letters, both in the English and Hawaiian languages, together with some emblematic device, to be approved by the governor, which shall indicate the dangerous character of the article. § 1505. Every licensed physician, druggist, or apothecary who shall compound, sell, or deliver any prescription containing any poisonous drug or substance deleterious to human life, to be used as medicine, shall enter upon his books said prescription, written out in full, with the date thereof, with his own name appended thereto, or the name of the physician who prescribed the same, and the person to whom the same was delivered; and no such prescription shall be compounded, sold, or delivered unless the name of the person compounding, selling, or delivering the same, or the name of the physician prescribing the same, be appended to the prescription in full, and every such prescription shall be preserved; and said books and prescriptions shall be subject at all times to the inspection of the governor or his agent. § 1506. Any person violating the provisions of this chapter shall forfeit a sum not exceeding one thousand dollars for each offense. NOTE TO CHAPTER 88. § 1501 is S. L. 1872, ch. 16; C. L., p. 554. 1502 is P. C., ch. 88, § 2. $1503 is S. L. 1872, ch. 16; C. L., p. 554. S$ 1504-1506 are P. C., ch. 88, §§ 3-5. Cases in Hawaiian Reports: King v. Buffun, 3 Haw., 462; Rex v. Young Tang, 7 Haw., 53. CHAPTER 89. EXPLOSIVES. PART I.-LIQUID EXPLOSIVES, § 1507. No person shall receive, keep, or store, or cause to be received, kept, or stored, or aid or assist any person in receiving, keeping, or storing, or have at any one time on any premises owned, leased, or occupied by him, except the storehouse provided therefor by the government, more than one case of naphtha and one case of benzole, nor more than ten cases of petroleum, kerosene oil, or any oil of which the component part is petroleum, naphtha, or spirits of turpentine. § 1508. The importation into this Territory of nitroglycerine and all other analogous liquid explosives or substances is absolutely prohibited, under the penalties hereinafter prescribed for each and every violation of the provisions of this chapter; and in the event that any nitroglycerine or any other analogous liquid explosives or substances shall be brought into this Territory in any vessel or vessels, the same shall be subject to seizure and condemnation. § 1509. Any person keeping, storing, or having benzole, petroleum, kerosene oil, or any oils of which the component part is petroleum, naphtha, or spirits of turpentine, in any one place except the storehouse provided by government therefor, in the quantities, as provided in this chapter, shall keep the same in air-tight metallic vessels, which vessel or vessels shall be marked with the words benzole, petroleum, kerosene oil, or the name of the oil or oils of which the component part is petroleum, naphtha, or spirits of turpentine in plain roman letters, and shall be kept at all times conspicuously in view near the entrance of the premises where kept, and convenient for removal therefrom. § 1510. It shall not be lawful for any person or persons to import into this Territory or sell within this Territory benzole, petroleum, kerosene oil, or any oils of which the component part is naphtha or gasoline, which gives off an inflammable vapor at a temperature of less than one hundred degrees Fahrenheit; and whoever shall import, sell, give, or furnish to any person in this Territory benzole, petroleum, kerosene oil, or any oils of which the component parts is naphtha or gasoline, which gives off an inflammable vapor at a temperature of less than one hundred degrees Fahrenheit, shall be deemed guilty of a misdemeanor, and on conviction before a district magistrate shall be punished by a fine not less than fifty dollars nor more than five hundred dollars or by imprisonment at hard labor not more than one year, or both fine and imprisonment, in the discretion of the court. § 1511. No person shall convey, or cause to be conveyed, or assist in conveying, in any vehicle, boat, or vessel any benzole, petroleum, kerosene oil, or any oil of which the component part is petroleum, naphtha, or spirits of turpentine, unless the same shall be securely packed in close metallic packages, nor unless such packages shall be securely covered while in such vehicle, boat, or vessel, and when transported on any boat or vessel shall be carried on the deck of such boat or vessel. § 1512. No person shall discharge benzole, petroleum, kerosene oil, or any oils the component part of which is petroleum, naphtha, or spirits of turpentine, from any vessel, except from ship's side or tackles, nor before the vessel shall be hauled up to the wharf; and all benzole, petroleum, kerosene oil, and all oils the component part of which is petroleum, naphtha, or spirits of turpentine, landed or placed on any wharf or deposited on any sidewalk in the city of Honolulu, Lahaina, or Hilo for forwarding or shipment shall be forwarded or shipped immediately after it shall be so landed or placed. § 1513. The chief sheriff of the Hawaiian Islands and his deputies, and the sheriffs of the different islands and their deputies, shall take possession of and safely store in the storehouses provided for such purpose all benzole, petroleum, kerosene oil, and all oils the component part of which is petroleum, naphtha, or spirits of turpentine that may be landed, stored, placed, or deposited in violation of any of the provisions of the preceding sections of this chapter, and shall keep the same until all expenses incurred by them in removing and storing the same shall have been refunded or repaid to them. But the acts of the said officers in relation thereto shall not relieve any person from any penalty theretofore incurred. § 1514. The chief engineer, the assistant engineers, and the secretary of the fire department and fire wardens of the city of Honolulu, and the chief sheriff of the Hawaiian Islands, the sheriffs of the different islands, and the police throughout the islands are directed to see that the provisions of this chapter are enforced, and to make complaints to the district magistrates for the violation of the provisions thereof. § 1515. Any person or persons violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and on conviction before a district magistrate shall be punished by a fine not less. than fifty dollars nor more than five hundred dollars, or by imprisonment at hard labor not more than three months, or by both fine and imprisonment, in the discretion of the court. $1516. The superintendent of public works is hereby empowered and fully authorized to make such rules and regulations in relation to the keeping on the premises of any person, and the storing of any explosive substances other than those known by the name of gunpowder and not hereinbefore particularly mentioned in this chapter, as he shall deem advisable for the protection of life and property. PART II. KEROSENE. § 1517. It shall be unlawful, except as hereinafter provided, to sell, offer for sale, give, or in any way furnish or dispose of any kerosene oil for illuminating or any other purpose in this Territory which, after being inspected and tested in the most approved manner and with the most approved appliances, shall ignite or evaporate an inflammable vapor at any temperature below one hundred and fifteen degrees Fahrenheit, but it shall be lawful to sell and dispose of any kerosene oil which bears a test of one hundred and fifteen degrees Fahrenheit or more. § 1518. Immediately upon the taking effect of sections 1517-1526 the treasurer shall appoint a skilled and suitable person or persons not interested in importing, dealing in, selling, or furnishing kerosene oil as government inspectors of kerosene oil, and shall provide the most approved instruments and apparatus necessary for testing oils; and the inspectors shall keep a true and accurate record of all oils inspected by them, which shall contain the dates of inspection, the quantities tested, the names of the persons for whom inspected, and the names of the vessels by which such oils were imported, and also the trade-mark of such oil and the degree at which the inflammable vapor ignited, and such records shall be open to the examination of any and all persons; and the inspectors shall annually make and deliver to the treasurer true and accurate reports of the inspections during the preceding year. § 1519. The inspector at or nearest to any port of this Territory shall inspect and test all kerosene oil as soon as landed by making not less than two or more than ten tests of any one importation of oil by one vessel and of one mark; and any inspector shall, upon the request of the chief sheriff of the Territory, or any sheriff, inspect and test in like manner any oil stored in the government storehouse or storehouses in the Territory set aside for that purpose at any time after importation and before removal from such place of storage. If upon such inspection and test the oil meets the requirements herein specified, the inspector shall so certify to the owner, or his agent, or to the importer of the oil; but all oil which will not stand or be equal to the test herein provided shall be rejected. § 1520. Any test of any lot of oil disputed may be submitted to the decision of a board of arbitrators, to consist of the inspector, some one chosen by the contestant, and a third to be chosen by the two so constituted. And the board shall procure samples and a majority may make an award. The costs of the arbitration to be borne by the contestant if the inspector's test be approved, otherwise to be borne by the government. § 1521. The treasurer is hereby authorized to make and issue a scale of fees for testing such oil. All fees and expenses incurred in testing such oil so imported shall be paid by the importer or consignee thereof. § 1522. All kerosene oil not equal to the test herein provided shall be at once exported by the owner, his agent, or the importer, and in case of any neglect or unreasonable delay in so doing, the inspector shall seize the same. § 1523. All kerosene oil imported into this Territory shall immediately after being landed be delivered at and stored in the government kerosene storehouse, or in storehouses set aside for that purpose: Provided, That lots may be transferred directly from the wharf where landed to any vessel, railroad station, or other place or premises authorized to receive the same: And provided further, That lots of not more than ten cases or one hundred gallons may be withdrawn from such storehouses and kept for consumption or sale on premises with an area of at least four hundred square feet within distinct walls, other than partition walls, except when the partition walls are fireproof; and when oil is kept on neighboring premises, it shall be so arranged that there shall be at least twenty feet clear between any two lots: Provided, That whenever, on account of the close contiguity of wooden buildings or inflammable structures, the storing of ten cases of kerosene oil in each of such structures or separate premises might, in the discretion of the fire marshal, cause special danger to the neighborhood in case of fire, the fire marshal may, with the approval of the treasurer, order the number of such cases reduced to any number not less than one case by written or verbal notice to any person upon such premises, or posted upon such premises, within such limits as the order shall specify, and for these purposes the fire marshal shall have the power to enter upon any premises in the Territory. § 1524. Whoever shall sell, cause to be sold, attempt to sell, give, furnish, deliver, or in any way dispose of any kerosene oil which has not been tested and inspected by the government inspector and certified to by him as of a proper test, or shall violate or attempt any violation of section 1523, or neglect or refuse to obey any order of the fire marshal as therein provided, and whoever shall knowingly sell, cause to be sold, attempt to sell, give, furnish, deliver, or have in possession any oil mentioned in sections 1517-1526 which is below one hundred and fifteen degrees Fahrenheit when tested as provided in sections 1517-1526, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars, or imprisonment at hard labor for not more than six months, or both, at the discretion of the court. § 1525. Any violation of duty under sections 1517-1526 on the part of any inspector shall be a misdemeanor punishable by a fine of not less than one hundred dollars or more than one thousand dollars, or imprisonment at hard labor for not more than one year, or both, at the discretion of the court; and he shall be removed from his position. §1526. All parts of sections 1507 to 1516, inclusive, inconsistent with the provisions of sections 1517-1526 are hereby repealed. PART III.—UNLAWFUL USE OR POSSESSION OF EXPLOSIVES. § 1527. Any person unlawfully using dynamite or other explosive chemical or substance for the purpose of inflicting bodily injury upon or to terrify and frighten any person, or to injure or destroy any property, or damage the same in any manner, shall be liable, upon conviction, to pay a fine of not less than two hundred and fifty dollars nor more than five thousand dollars, and to imprisonment at hard labor for a term not to exceed twenty years. § 1528. Any person who shall have in his possession dynamite or other explosive chemical or substance other than ammunition for firearms with intent to use the same for the purpose of inflicting bodily injury upon or to terrify and frighten any person, or to injure or destroy any property, or damage the same in any manner, shall be liable, on conviction, to pay a fine of not more than three thousand dollars, or to imprisonment at hard labor for a term not to exceed five years. § 1529. At the trial of any person charged with having committed any of the offenses mentioned in section 1528, proof of possession of any such explosive shall be prima facie evidence of such unlawful intent, and the burden of proof shall be on the defendant to show that such possession was lawful. § 1530. No person arrested for violating the provisions of sections 1527-1531 shall be released on bail without an order from a circuit judge, or from the attorney-general, or the chief sheriff, or a sheriff. § 1531. Concurrent jurisdiction to hear and determine all cases arising under sections 1527-1531 is hereby conferred upon the several district magistrates and circuit judges at chambers, who shall have for the purpose all the authority now conferred by law upon district magistrates in cases within their jurisdiction, with the right of appeal and to take exception, as in ordinary cases before such magistrates. NOTE TO CHAPTER 89. § 1507 is S. L. 1880, ch. 24; C. L., CHAPTER 90. FOR THE CONSTRUCTION OF STATUTES WHERE THE ENGLISH AND HAWAIIAN VERSIONS DO NOT AGREE. § 1532. Whenever there shall be found to exist any radical and irreconcilable difference between the English and Hawaiian version of any of the laws of the Territory which have been or may hereafter be enacted, the English version shall be held binding. NOTE TO CHAPTER 90. 1532 is P. C., ch. 90, unaltered. CHAPTER 91. TRIAL OF DIFFERENT DEGREES OF CERTAIN OFFENSES UNDER ONE INDICTMENT. § 1533. Under an indictment for robbery, larceny, or any other offense of more than one degree, the jury may, when the evidence will not warrant a verdict of guilty in the degree for which the prisoner is indicted, return a verdict for any lesser degree of the same offense. NOTE TO CHAPTER 91. § 1533 is P. C., ch. 91, unaltered. |