Polynesian., 1850-08-10

luduCiuS, puuifC amusement, snow or enter
tainment, or take part in any game, sport or
play on the Lords day, shall be punished
by fine not exceeding ten dollars.
8. Whoever being hotel, inn, victual-
ling house, bowling alley, or billiard table
keeper or retailer Of spirituous liquors or
other person keeping house of public en-
tertainment, who shall entertain any persons
not being travellers, strangers or lodgers, in
his house on the Lords day, or shall suffer
any person on said day to abide or remain
in his house or in any building or place ap-
pertaining thereto, drinking or spending
their time in games, idly or at play, or in
doing any secular business, shall be punish
ed by fine not exceeding ten dollars for
each person so entertained, or suffered to
abide or remain ;'and every person so abb
ding or drinking shall be punished by fine
not exceeding five dollars.
4. No person shall serve or execute any
civil process on the Lords day and any
such'service or execution shall be void.
S. All marshals, sheriffs, constables and
other public officers, shall inquire into, and
inform of all ofenses in violation Of the pro-
visions of this chapter, and shall cause the
same to be carried into effect.
6. The Lords day, within the meaning
of the provisions of this chapter, is the first
day of the week, and includes the time be-
tween the midnight preceding and the mid
night following said day.
| CHAPTER Common Nuisance.
/. The offense Of common nuisance is
the endangering Of the public personal safety
or health, or doing, causing, or promoting,
maintaining or continuing what is offensive,
or annoying and vexatious, or plainly hurtful
to the public, or is public outrage against
common decency or common morality, or
tends plainly and directly TO the corruption
Of the morals, honesty and good habits of
the people, the same being without authori-
ty or justification by law.
AS, for example, the carrying on trade,
manufacture or business in places SO situa-
ted that others Unfortunately, who reside
in the vicinity, or pass highway or public
place, or resort 10 schoolhouse, meeting
house or any other place o. legal and usual
resort or assembly, are liable to be thereby
injured, annoyed, disturbed or endangered
by deleterious exhalations, noisome vapors,
hideous, alarming or disgusting sights, intol-
cradle noise or otherwise
By spreading or endangering the spread
ing of the small pox, or other infectious
disease by carrying an infected person, or
causing him TO pass through fIequented
street by opening hospital or pest house
so as to endanger neighbors or the passers
by in frequented street or otherwise
Making or storing gunpowder, in or near
populous, or public or frequented place,
without authority therefor, or the otherwise
making or storing the same contrary TO law:
Making loud and troublesome noises by
night
Keeping animals that disturb the neigh
borhood by night
Permitting ferocious or dangerous animals
to go abroad:
Keeping bawdy house:
! Open lewdness or lascvious behavior, or
indecent exposure:
Keeping a common gambling house
Keeping disorderly house, to the pub
lie disturbance and annoyance.
| 2. Occasioning a groundlesS fear or
merely trivial annoyance or inconvenience
is not common nuisance. Whether the
act or thing is really SO hurtful or prejudcial
to others as to render it common nuisance,
is question Of fact to be determined by the
Jury, court or magistrate called 10 pass upon
the same.
g. Where only few persons, of many
who are equally exposed, are, owing to their
peculiarly Of temperament, or to inirmity,
annoyed by an act or thing, the same is not
a nuisance
As where the noise of a tinman's shop
annoys but few Of many persons equally
within hearing.
4. Obstructihg highway, channel, en-
trance to harbor, harbor, town way, navi-
gable stream, or public place, without just
cause, is a common nuisance.
As by digging ditch, laying logs, erect
ing gate or placing any other impediment
in a highway:
By leaving carts or other vehicles stand
ing in the highway an unreasonable time:
| BY using the highway as a timber yard,
or yard to slorehouse, or as place TO
dry hides:
By erecting or maintaining building,
fence or structure within the limits OF
highway or public place:
BY overfowing highway
By rapid or unskilIful driving or driving
an u0manageable team on the highway and
thereby endangering life:
BY tying horses or other animals in the
public streets for the purpose Of grazing.
S. Reasonable use of highway as such
is not common nuisance As, for exam
pie, unloading wood to put the same into
house standing near the highway, If IT
does not occupy an unreasonable portion OF
the highway, and is not left for an unsea-
sonable, or for an unreasonable time.
s. The firing, letting off or throwing Of
any rockets, squibs, crackers, or other