The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1859-08-18
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THE CIVIL CODE
f4tf OF THE



A
h e enacted By the King, the MOBILES, and the
Representatives. Of The Ha.roiian Islands in Le-
gislatire Council assembled:
TITLE 1-OF LAWS.
CHAPTER L-OfAe Promulgasion Of the Lars-
sec 1. No written law shall be obligatory without
bsDg 6rst printed and made public.
$50 2 All laws enacted by the Legislative power
Of the kingdom, shall be deposited and preserved in
the Office Of the Minister of the Interior, who shall
psomnlsate me sane By publication in such newspaper or news
s ssp.1. printed u the Seat Of Government as he may dec"
Sec 8. II shall be the duty Of the Minister of the
Interior to furnish n copy Of the Laws, Immediately
sfer their Publication, to each of the Executive Min
hse., Governors, Judges and District Attorneys
Sec f. All Laws, unless otherwise specially pro-
yided, shall take effect on the Island Of Oahu ten days
aAer the promulgation of the same, and on each Of
shsen no one .hai Be ai love to snese ignorance q the laws as
IN excuse or justification for a violation thereof
CHAPTER H-Of the Effects Of Laws-
Sec. s. No laws shall have any retrospective opera
tion-
Sec. g. The laws are obligatory upon all persons,
whether subjects of this kingdom, or citizens or sub
jscts Of any foreign State, while within the limits of
sssooSin respect to Ambassadors or others. The property Of
- sush persons, While such property !. within 10 the territorial
Sec z. Private agreements shall have no effect to
contravene any law which concerns public order or
good morals. But individuals may. in all cases in
Which = 4 mot expressly or immpIiedly prohibited; u ,enounee. ha,
public scod.
Sec 8. Whatever is done in contravention of a
prohibtory Law il void, although the nullity be not
formally directed
CHAPTER m.-Of the CONSTRUCTION Of Laas.
Sec. 9. The words ola law are generally to be I'M
derstood in their most known and usual Specification,
without attending 50 much to the literal and strictly
grammatical construction Of the words as to their general and
popular use or meaning.
Sec 10. Where the words of a law are dubious,
their meaning may be sought by examining the con-
text, with which the ambiguous words, phrases and
sentences may be compared, in order to ascertain their true
meaning.
Sec. II. Laws in pdri materia, or upon the same
subject matter, must be construed with reference to
each other ; what is clear in one statute may be call
Cd IN aid 70 explain what Is doubtful in another.
Sec. II. One of the most ehectual ways Of discov-
ering the true meaning of \ law, when its expressions
are dubious, is by considering the reason and spirit
an OF The cause which induced the legislature to enaesh
Sec IL. When the words of q law are ambiguous,
every construction which leads to an absurdity should
Be rejected.
Sec. a. The Judges have equitable as well as legal
Jurisdiction, aud in all civil matters. where there is no
express law. they are bound to proceed and decide ac-
ss nod spseseah5. eoai.nplaied BY i... .nd eunsersins ne
s.s.s 4 !. n 20 J. n aad ss 90 natural ssass11 las and 10 ,s ass,ae e sqs To aessiv .a
s.ss. and resort may also be had to the laws and usases Of
Sec. Is. Every word importing the singular num-
ber only. may extend to and embrace the plural
numhGr and every word importing the plural num-
br o1y. may Be applied and confined to the sinsuiar number
sndsr only. may extend to and include females as well As
Sea 16. Each OF the terms or and and. has the
meaning Of the other or both, when the subject mat
~, sense and connection require such construction.
Sea II. The word person, or words importing per-
sons Tor instance another, Others, any, any one, any
body and tbelike, signify not only persons, but cor
dssss. o. n.iehbossood, Or persons known or unknown, and
g pebble E.9sssuy; .hsrs = .ppess. "a. from aa the sa5!,s. n %a: ;ss,
neh con1rnxion Il Intended.
sec Is. The word month shall be construed to
mean . calendar month. unless otherwise expressed ;
and the word year, . calendar year. unless otherwise
See IL. The word Doth shall be construed to in
Glade affirmation, when made by one alleging him
slf to Be . member Of the Society of Friends.
CHAPTER V.-Of the Repeal Of Laus.
Sec. 20. The repeal Of any Law shall not be con-
ssrued to revive any other Law which has been repeal
ID, unless it be 50 clearly expressed Laws may be
repealed eisher entirely or partially BY other laws
seoL 81. The repeal Of n Law is either express or
Implied IL Is express when il is literally declared
b. = Subsequent Law ; it is implied when the new law
de funer law
Sec. % The repeal of any law shall, in no case,
o8<SS 10y et @S8@b
acquired or established, or any suis or proceeding
~ q euDenced In any civil case, before the time when said
repeal shaH take effect
Sec. q. No suit or prosecution pending at the
time ef the repeal Of any law, for any ofense COM
mitte1, or for the recovery Of any penalty of forfeit
us Occurred under the law 50 repeaied, shanin any case be az
kcs>d by such repeal
TITLE s-OF THE ADMINISTRATION
OF GOVERNMENT.
OF THE EXECUTIVE
IN n r. H. D.. C-.--J
Sec. "a. The King may, ut any time, by Royal
Letters Patent. appoint any of his subjects, who has
attained the age Of majority, q member Of His Privy
ce.ssa e STATE, 20 hoLi Oaaee during the Kings pleasure.
Sec- Is. Every member Of the Kings Privy Coun-
Ell Of State. before entering upon the discharge of his
dufies As such, shall take an oath TO support the
Constitutes, To xdrfss the King honestly. AMI to observe strict
s ssrs 80 . s,s = 10 noa = 9 %ass. : s ssesisi Injunction ha hs s1's sssIi have =
been imposed ty the King hut such injunction shall not ex-
s : : rens<s q .ssi CosncI, ,ar shall i. Be held 70 continue
ss<r he injunefon q secrecy has been removed.
Sec %. 1t shall be the duty Of every Privy Coun-
sslor
1. To advise the King according to the best of his
knowledge and discretion
2. To advise for the Kings honor and the good OF
the public, without partiality through friendship,
love, reward fear or favor.
& Finally, to avoid corruption-and to observe,
keep, and do all that a good aud true counselor ought
observe, keep, and do to his Sovereign.
SD. a. Every Privy Coupselor shall have full
liberty to be present Mt any regular or extraordinary
meetinR of the tPrivy Council, and to express his
v5ws ma opinions upon every matter submitted to said Coun-
en- Re sAaH also be entitled to vote, and have The same re-
eoras1, npon al questions not affecting his private interest
See-28s The Privy Council shall regulate its own
proceedings ; and shall also appoint a secretary,
Who shall keep a true record Of all its transactions,
and haze the custody Of such record
See. g. To prevent the danger and Inconvenience
Of having no Priyy Council, during the vacancy Of
he throne, the Privy Council in being at the demise
go cpvn- shah continue until deterr-ined by the successor
g KuhinA Xui-
CHAPTER V-Of the E~reeutire Minister'S and Of
-6h1 Gorernors
Ses. 90. No person shall be eligible to the Office of
Minister 10 the King, or Governor. who is not . sub
~ OF dsuizu, and Of the full age Of twenty-one
Be. 81. Every Minister or Governor, before enter
ine upou ths duties of his once. shall take and SUBJ
asFibs on oa&h TO support the Constitution and Laws,
"A hkkGany - impArsiAuy 70 discharCe the duties Of his Of
- Nek sneh ah.i b. pisc.d and Kept among the records Of