The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1859-08-25

respective divisions, for whose Official acts they shall be sever
private indemnity.
Sec. 2S5. The Marshal and respective Sheriffs shall
receive in full payment Of their services, such annua
by the Legssiatpre: provided, however, that the fees received 70
the arrest OF deserving seamen, shall belong to the RESPECTIVE
Sec. 266. The governors of the kingdom shall ap
point a certain number of constables for each distI1c
=, unser , ,Se eant qor Of TN, ine Marshal ss 7 ! and l Ss depasies; but @e shy ma :
be removed at any time by the Governors, Marshal, any judge
Of court OF record, or Police Justice.
Sec. 267. The number of regular constables shall
not exceed, for the island of Oahu. one hundred: fol
the island OF Mani, and its dependencies. one hundred for tn
and Niihau. forly: provided, always, that nothing in this sec
toa contained shall be construed to prevent the respective gov
errors from appointing any number Of special constables, t
serve without pay, in case oil, and during any great emergency
The n s pay is% Of sha ffg Ts srt epnssaslf sy T she marshal aps aihs snd the p rssp rsss
i've governors and sherihs of the islands on which they are en-
ployed.
. Sec. 26S. In all cases in which the marshal. or any
Sheriff, deputy sheriff or constable, shall be a party
plaintiff, or defendant, the officer so interested shall not be CON-
petent 10 execute any process in such case and the Court, when
il becomes NECESSARY. may appoint some disiuterested person to
act as a substitute for such officer to execute such process, who
shall. in all respects, be accountable to the court for his conduct.
Sec. 269. In case of the death or removal of the
marshal, his deputies shall continue in Office, unless
otherwise specially removed, until another marshal shall be APP
pointed.
Sec. 27O. Every marshal or his deputy, when re
moved from Office, or when the term for which the
marshal is appointed shall expire. shall have power not*ith-
standing. to execute all such process as may be in their hands.
respectively. al the time of such removal or expiration Of Office,
and the marshal shall be. held answerable for the delivery TO his
successor, of all prisoners which may be in his custody at the
time of his removal, or when the term for which he is appointed
shall expire, and for that purpose, may retain such prisoners in
his custody until his successor shall be appointed and qualified
as the law directs.
Sec. 271. Whenever the marshal or any sheriff,
shall sell any real property by virtue of process from
of his commission expire, before a deed shall be executed there
for. by him to the purchaser. the purchaser or plaintiff at whose
process issued, setting forth the case and assigning the reason
why he title was not perfected and thereupon the court may
orier n noarshal 0r leriU for the time heinp- to perfect the
title and execute a deed to the purchaser, he paying the pur-
chase money and cnsts remaining unpaid.
Whenever the marshal or any sheriff, shall take in execution
any real properly, and shall die, or be removed from Office, or
disposition made thereof, his successor shall have power to pro-
ceal under such execution, in the same manner as snci, marshal
or sheriff could have done il he had not died, or been removed,
or the term OF his commission had not expired.
Sec. 272. The marshal and the respective sheriffs,
shall file all warrants, mittimuses, processes, aud
prisoner shall have been committed or liberated, and they shall
be safely kept in a suitable box for that purpose, and upon the
removal from Office, shall he delivered over to his successor, to
gether with all other oileial records, papsrs ana J,urLalsi am
illustrators, shall fort It the sum Of two hundred dollars, to BE-
recovered to the use of the public treasury.
Sec. 213. All process of any Court of Record shall
be addressed to the marshal or one of MS deputies,
and it shall be the duty of such marshal, his sheriff, and their
tenor thereof !; and they shall not be liable s5r any damage re-
sulting from the execution of such process
Sec. pa. The marshal, any sheriff, deputy sheriff,
or constable, may decline to levy upon, or sell the
unless the plaintir shall tend to him a satisfactory bond of in
delnnity. against the claims of third parties.
Sec. 275. Whenever any claim TO property seized
or levied upon by an officer, shall be interposed by
any person other than the defendant, such officer shall have the
who shall try the question of the ownership OF the property
claimed. The verdict of such jury shall not DO conclusive
~ sm5 MI !Is : y sa h. hond Of ini-mni,v %e't ,c5dpr"I.
hin NV he Mai n,ai@,ir r. s.cb bond % he tensereil he oqscer Shall
proceed to sell the property, Notwithstanding the finding of the
jury.
Go. 3-6 Tho raSnaativs sbar;fS shall onartorlv
render TO the marshal a true account of all fees, fines,
other moneys. which they shall have received by virtue Of
Office.
See. 277 The marshal shall keep a true account of
moneys received by him from his deputies or
otherwise, by virtue Of his osBc,; aj quarterly render to the
received by him. together with the report of such other matters
relating to the police department as he rnay deem proper.
OF THE PUBLIC HEALTH.
Sec. 27S. There shall he appointed by the King in
Privy Council, upon the nomination of the Minister
II the Interior, n Board Of Health for the Kingdom, consisting Of
hree persons, who shall serve during the Kings pleasure, and
re charged with the general oversight and care of the public
health.
Sec. 279. It shall not be lawful for any foreigner,
whether naturalized or otherwise, to practice in this
s as a Physieiaa or surgeon for compensation or reward,
uch examiners as aid Board may appoint for that purpose,
satisfactory evidence OF his professional qualifications aud good
moral character, anil obtained 4 certificate Of approval from said
soari, and a license from the Minister of tn Interior. Any
iciion thereof, be liable to a penalty Of one hundred dollars for
aeh Ohense.
sec ZOD. li III % ueaitn may appoint SUIT
agents in such localities as it may deem neces-
airy, to carry into effect all regulations for the public health;
nj it shall hold such agents accountable for all moneys receiv-
4 and disoursed by them, on account Of the public health. and
uties.
Sec. 2s1. The Board of Health shall make such
equations respecting nuisances, sources of filth, and
auses Of sickness, within The respective districts of the King
IA, and On board of any vessels, Is it shall judge necessary for
&c public health and safety.
Sec. 2S2. Said Board shall also make such regnla-
as il may Judge necessary for the public health
nd safety. respecting aoy articles which are capable of contain
lg, or conveying any infection ar contagicn. or of creating any
when such articles shall he brought into, or conveyed
ON any district, or into or from any vessel
Sec. 2S3. Said Board shall also make all regula-
which it may judge necessary. for the interment
the dead, and respecting cemeteries and burying grounds.
Sec. 2S4. Notice shall be given by the Board of
Iealth of all regulations made by it, by publishing
p same in some newspaper of the district. or where there IS
0 such newspaper, by causing them to be posted in three public
Of the town or district and such notice of said regula-
ons shall be deemed legal notice TO all persons.
Sec. 285. Every person w-1o shall violate any
egui ttion of the Beard of Health, after the same
iall have been published, as provided In the last preceding
,ction, shall DC fined notexceeding one hundred dollars.
Sec. 2S6. The Board of Health and its agents shall
Samine into al nuisances, sources Of filth and
of sickness, on shore, or in any vessel, and shall cause
'e same to be destroyed, removed or prevented as the case
ay require.
Sec. 287. Whenever any such nuisance, source
filth, or cause of sick ness, shall be found on pri-
ate property. the Board Of Health or any health agent, shall
der the owner or occupant thereof, at his own expense. 20 re-
owe the same within weight hours and if the owner or
cupant shall neglect so to do, he snail be lined in a sum not
ceeding one hundred dollars.
Sec. 2SS. If the owner or occupant shall not COM
" with such order of the Board of Health, the
or any Of its agents, may cause such nuisance. source of
IN or cause of sickness. to be removed and all expenses in
thereby shall be paid by the said owner or occupant, or
such other person rs shall have caused or permitted the
me-
Sec. 2S9. When any person shall be convicted for
common nuisance, that may be injurious to the
iblc health. the Court may, in its discretion, order IL TO be re-.
or destroysi at The expense Of the defendant, under the
rection Of the Board Of Health, or otherwise, as it may deem
oper-
Sec. 900. Whenever any member of the Board of
ealth, or its agent, shall think it necessary for the
eservation Of the lives or health Of the Inhabitants, to enter
y land building. or vessel, for the purpose of examining into
d destroying, removing, or preventing, any nuisance, source
filth, or cause of sickness, and shall ne refused such entry,
ch memi er or agent may M AXE complaint to any Police or
strict Justice, who may thereupon issue a warrant directed to
" sheriff, deputy sheriff. or constable. commanding him to
&c sufficient aid. and, being accompanied by such member Of
Board Of Health. or agent. between the hours Of sunrise, and
TO repair to the place where such nuisance. source Of
n. or cause of sickness, complained Of may be, and the same
destroy, remove, or prevent under the directions of such
.mber or agent. !
- OO1 Ill., DoorJ - IJooIth ool a. -