tined at the expense of the owner or consignee thereof, in such places as shall be appointed by the governor, for a period of not less than thirty days, and for such longer period as shall be deemed necessary by the board of inspectors on account of the presence of any contagious disease or distemper, or because the port or country whence such animals are brought is affected with such disease or distemper, or for any other good and sufficient reason having reference to the public good. Whenever, after careful examination and attention the inspecting officer shall find that such animal or animals are infected with any disease or distemper of a nature dangerous to the live stock of the country, he shall report the same to the board of inspectors, and if the majority of the board of inspectors shall decide that the public interests require, they shall cause such animal to be utterly destroyed; said board of inspectors may also cause all the food and other effects connected with such animals, independently of the animals themselves, to be destroyed. § 1675. Live animals passing between the different islands of the Territory may be quarantined as set forth in section 1673, either at the port of shipment or delivery, on good cause shown to the inspecting officer of the port of entry nearest to the port of shipment or delivery. § 1676. The governor, notwithstanding anything in this chapter, may from time to time, by proclamation declaring any port or country to be infected, absolutely prohibit the introduction of any animals therefrom until the restriction be removed.

§ 1677. All imported animals, fodder, fittings, or effects landed contrary to the provisions of this chapter, or taken or removed from quarantine until duly discharged, shall be forfeited to the use of the government of Hawaii, and all animals brought into such quarantine grounds, or placed with any animals under quarantine, shall be deemed to come under the provision hereof and shall be subject to all the conditions of the same.

§ 1678. It shall be the duty of every person to report immediately to the nearest executive inspector or inspecting officer any animal on or about his own premises or the premises of another which he shall have reason to believe to be affected with any infectious or contagious disease or distemper, under a penalty of not less than five nor more than one hundred dollars for each offense.

§ 1679. Said inspecting officers shall have the power to enter upon any premises where they have reason to believe there is any animal affected with any infectious or contagious disease or distemper of a nature dangerous to the live stock of the country, and to cause any such animal to be placed in quarantine for such time as said officer may deem necessary. And shall have the power with the approval of the majority of said board to cause any such animal to be destroyed.

1680. Any and all persons knowingly and willfully violating any of the provisions of this chapter, or assisting in so doing, or who shall purchase, take, and carry away any animals, fodder, effects, or fittings connected therewith before the same shall have been discharged by the inspecting officer, or shall knowingly and willfully have in possession any of the same, or shall impede or refuse to allow said inspecting officer to perform his duty, then such person or persons shall be liable to imprisonment at hard labor for any period not over six months, or to a fine not over five hundred dollars, or both, and all such offenses may be tried before any district magistrate.

§ 1681. There shall be collected from the owner or consignee of animals inspected under this chapter one dollar per head for all horses, mules, and cattle; fifty cents per head for all sheep and goats; ten cents

each for every other animal or bird, and when from the nature of the case, the making of such inspection shall be unusually onerous or severe, twenty-five per cent additional shall be paid to the inspector.

All fees collected shall belong to the officer making the inspection, and shall be full compensation for his services for such inspection.

§ 1682. The several executive inspecting officers of the Territory shall keep regular records of the proceedings of their respective boards, and shall semiannually make a full and detailed report of their transactions, including an account of their receipts and expenses, to the gov ernor, who shall lay the same before the legislature.

§ 1683. All reasonable expenses incurred in placing any diseased animals in quarantine and of feeding and caring for the same, including medical treatment, while in quarantine, shall be paid by the owner or consignee of such animals.

§ 1684. Any executive inspector appointed under this chapter may sue in his own name, or the majority of any of said boards may sue in the name of such board, any such owner or consignee who shall refuse or neglect to pay the fees or expenses mentioned in this chapter, or may in his or their discretion hold any animal for which the fees and expenses have not been paid after demand, and after five days' public notice, sell the same at public auction (provided such animal be not affected with any infectious or contagious disease or distemper), and from the proceeds of such sale the executive inspector or majority of such board may retain a sufficient amount to cover the fees and all expenses incurred, and the balance pay over to the owner or consignee of the animal thus sold.

§ 16 5. The governor shall from time to time make and publish such rules and regulations as shall be necessary for the more efficient carrying into effect the provisions of this chapter.

NOTE TO CHAPTER 101.

§ 1671, § 1673, § 1674, §1678, § 1679, and §§ 1681-1684 are S. L. 1884, ch. 29.

§ 1672 is S. L. 1892, ch. 23.

§§ 1675-1677, § 1680, and § 1685 are S. L. 1882, ch. 34; C. L., p. 685.

SESSION LAWS OF 1898.

[Matter in brackets omitted; recommended by Commission to be repealed.]

[ACTS 1-6.]

ACT 7.

AN ACT To allow assignees to maintain actions in their own, names in certain

cases.

SECTION 1. The assignee of any non negotiable chose in action, assigned in writing, may maintain thereon in his own name any action which, but for the assignment, might be maintained by the assignor; subject, however, to all equities and set-offs existing in favor of the party liable against the assignor, and which existed at the time of the assignment, or at any time thereafter, until notice thereof was given to the party liable.

ACT 8.

AN ACT Relating to stenographers, interpreters, and clerks for certain courts of the Territory of Hawaii.

SECTION 1. Authority is hereby conferred upon the first judge of the first judicial circuit and upon each of the circuit judges of the other circuit courts to appoint, with the approval of the chief justice of the supreme court, one or more stenographers and one or more interpreters for their respective circuits. Authority is hereby also conferred upon the district magistrate of Honolulu, in the island of Oahu, upon the district magistrate of South Hilo, in the island of Hawaii, and upon the district magistrate of Wailuku, in the island of Maui, respectively, to appoint, with the approval of the chief justice aforesaid, a clerk and one or more interpreters for each of said district courts. Each of the stenographers, interpreters, and clerks thus appointed shall hold office during the pleasure of the judge or magistrate by whom he is appointed, and shall receive for his services such salary as the legislature may from time to time appropriate therefor. Any one of the said circuit judges may temporarily assign to any stenographer or interpreter, appointed by him as aforesaid, any appropriate duties in any court of said republic other than the one in which he is located. Nothing herein contained, however, shall be held to prevent the employment by any one of the circuit judges or district magistrates aforesaid, without the approval of the chief justice aforesaid, of any stenographer, interpreter, or clerk to serve in individual cases as they may arise, when necessary.

[ACT 9.]

ACT 10.

AN ACT providing for the suspending of sentence in certain cases.

SECTION 1. Any judge of a court of record or district magistrate may, upon the motion of the attorney-general, or his deputy, or other

duly qualified prosecuting officer, suspend the sentence of any person convicted of a crime or misdemeanor before the court over which such judge or magistrate is presiding, for any period not to exceed thirteen months from the date of the conviction of such person.

SECTION 2. At any time within thirteen months after the date of conviction of any person in respect to whom sentence has been so suspended, the court or magistrate having jurisdiction of the case shall, upon the request of the attorney-general, or his deputy, or other duly qualified officer, issue a summons citing such person to appear for sentence at the time and place in such summons stated. Should the person so cited fail to appear before the magistrate or court at the time and place named, the court or magistrate shall issue a warrant for the arrest of such person.

When such person shall so appear or be produced before the court in accordance with the terms of such summons or warrant, the court or magistrate shall proceed to impose sentence according to law. Such sentence shall thereupon be duly recorded and certified to the chief sheriff or his deputy in the order for imprisonment or other punishment, as the case may be.

If, in any case in which sentence has been suspended in accordance with the provisions of this act, sentence is not imposed within thirteen months from the date of conviction, the person so convicted shall not thereafter be liable to sentence on such conviction.

SECTION 3. For the purpose of this act the chief sheriff or deputy chief sheriff, any sheriff or deputy sheriff, shall be deemed to be a duly qualified prosecuting officer.

[ACT 11.]

ACT 12.

AN ACT to amend section 1, Chapter LVIII, of the Session Laws of 1892, entitled "An act to encourage the cultivation of coffee and ramie.”

SECTION 1. Section 1, Chapter LVIII, of the Session Laws of 1892 is hereby amended to read as follows:

"Section 1. From and after the passage of this act, and for the term of ten years from the first day of July, in the year one thousand eight hundred ninety-eight, all coffee trees and ramie plants, and all coffee and ramie produced in this country, and all mills, machinery, appliances, tools, and buildings used exclusively in the care, cultivation, or preparation of coffee or ramie for market, shall be and hereby are exempted from all taxes."

[ACTS 13-16.]

ACT 17.

AN ACT making special appropriations for the immediate use of the government.

SECTION 1. The following sums, amounting to thirty-two thousand six hundred ($32,600.00) dollars, are hereby appropriated, to be paid out of any and all moneys in the treasury received from all the current receipts of the general revenue of the Territory of Hawaii.

SECTION 2. The treasurer shall not cause or allow to be paid from the treasury any money for the objects named in this act except as herein provided, and the unauthorized expenditures of any money from the treasury to be thereafter accounted for to the legislature by indemnity bill is hereby expressly prohibited.

SECTION 3. All and every contract for constructing or repairing public works amounting to five hundred ($500.00) dollars, and for furnishing material, provisions, and other supplies, shall be awarded only upon public advertisement for tenders; and no public work, material, or supplies shall be divided or parceled out for the purpose of evading the provisions of this section.

SECTION 4. In the construction of all new roads or bridges and in the expenditure of all specific appropriations for repairing roads and bridges, it shall first be necessary that the road boards of the several districts in which such new work is contemplated shall approve of the same, and all such work shall be under the supervision of the road board of the district in which such new work is being carried on, and the final acceptance of all such work by the superintendent of public works shall be on the certificate from such road board that the same has been done in a good and workmanlike manner and as provided by the contract and specifications.

[ACTS 18-24.]
ACT 25.

AN ACT relating to and concerning vehicles, tires, and wheels.

SECTION 1. Every owner of a cart, dray, wagon, omnibus, stage coach, wagonette, or other vehicle used upon any public road, and which shall have been brought into the Hawaiian Islands or the construction of which shall have been completed after the thirtieth day of June, A. D. 1898, the axles of which are one and one-half inches or more in diameter, shall have tires and axles proportioned as stated below:

PROPORTION OF TIRES AND AXLES.

In the case of one-horse dump carts, without springs, the width of wheel tire shall be at least one and one-half times the diameter of the axle.

In the case of all other vehicles without springs, the width of wheel tire shall be at least double the diameter of the axle, except gooseneck drays, in which case the width of tire on the front wheels need not be over one and one-half times the diameter of the axle.

In the case of vehicles with springs, the width of wheel tire shall be at least one and one-half times the diameter of the axle.

In the case of vehicles with wooden axles, the width of wheel tire shall be at least the diameter of the axle.