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

Sec. 23S. The proceeds of such sale, after paying
the pound fees, expenses of advertisement, prociania
ponnd-keeper for the use Of the ownerof the osrray, in case h
shall substantiate bis claim thereto within one year iroin ~
Balance ssis' = Of ) 3 pro : : shaii be BE- psia over 70 The governor, for tb'
benefit Of the public treasury.
Sec. 239. If any horse, mule, ass. hog, goat, sheeI
or neat cattle, shall trespass on any caltvatea
ground. the owner Of such animal. or animals, shall forfeit. and
irespass q each animal, excepting sheep and goats, for which
he shall pay only six cents eachi and IL any production oi tMe
animals, the owner thereof shaal further pay to the iand-owpeI
= in a n rarticuiar ease, this provision shall have an onerous OF
unjust bearing, owing 10 the large number OF animals trespass'
ing, the Judge shall have power to diminish the forfeiture
See. 24e. If any of the animals enumerated in the
last preceding section, shall trespass on any uncuI-
tivated land. the owner Of such animal, or animals, shall forfeit
ne trespass Of each animal. excepting x. Pasg. for srs sheep se q and as sosss, for for
pay to the land-owner the full amount of such damage provi-
have s, a n onerous and unjust bearing, owing to the number Of
animals trespassing, the Judge shall have power to diminish the
Sec. 241. If the owner of any animal, or animals,
trespassing, be not known to the owner of the land,
damages as prescribed by law, then the owner OF the land tres
passed upon, may, after giving notice to the owner Of such ami
NAL, or animals, when known, or without such notice when the
owner is not known, impound the same forthwith.
Sec. 242. If any of the animals enumerated in Sec
ton 239, shall trespass upon land enclosed by n law
pay tn the owner Of the land, if cultivated, twice the penalty
prescribed in section 2as; and if the land is uncuhivated, twice
the penalty prescribed in section 2i0i and he shall also pay In
each case the full amount of damage done by such animal, or
animals.
Sec. 243. Every fence shall be deemed a lawful
fence which is FIVE feet high, if made of stone; or
which Is five feet igh, if a hedge, or if made of wood. iron
, wis, 0 or an az artificial anSnn.p pan; 9 o. > Which hifab IS ,, two f feet high. i
at least two feet wide at the bottom, or upon an artificial or
it shall be nine feet wide at the top, and four feet deep. Every
fence to he a lawful fence, stail he substantially built, and rea-
sonably strong and close to turn stock.
Sec. IA. Whenever any dispute arises between the
owner of the land ~trespassed upon, and the owner of
the animal. or animals, trespassing, the latter may have the
Of the time Of his rscrivin~ notice Of the trespass. upon his dc.
iivering to the owner Of the land, OF to the pound keeper, if the
animal, or animals, have been impounded. a certificate from any
District Justice, or Police Justice Of the district, stating that he
has deposited with such Justice the 'nnonnt claimed by the
owner OF the land, or a good and sufficient bond for that amount,
together with the cost of civil suit before him. II the animal,
or animals, have been impoutded. the Justice shall determine
winch Of the parties is to pay the pound fees.
Sec. 245. The said justice shall, upon receiving the
amount claimed, or Il good and sufficient bond for
such amount, and the costs of suit. issue the required certificate,
nssses, and after a fair hearing, he shan decide between them.
No appeal shall he allowed from his decision. unless taken with
in five days after such decision has been rendered. In case am
money. or bond deposited with him. subject to the order of the
court to which appeal is taken; and shall also require from the
appeal.
Sec. DAG. If any person shall set the confined ami
NAL of another at liberty, in order that it may tres
pass on any cultivated ground, or shall by any means designedly
decoy any animal to commit a tresrass. he shall. for every such
sum Of one hundred dollars. or he imprisoned at hard labor not
less than six months, nor more than two years.
Sec. 247. Every owner of neat cattle. horses, mules,
or asses. shall mark the same bv branding. or other
wise. on pain OF having his unbranded or unmarked animals
forth in section 24I: provided. however. that no person shall
mark any animal by cutting OF one or both ears, under penalty
of five dollars for each and every ohense. 1t shan be the duty
Of every such owner to deposit with the governor of the island
on which his animals are kept, an impression 81 his brand ora
ot his mark AMI the governor shan deliver to such
oWner a certificate Of such deposit, upon receiving the sum of one
in this section shall be construed to apply to animals under the
age Of one year.
Sec. 24S. The respective governors shall keep, in a
book open 10 public inspection. n record of all brands
and marks deposited with them pursuant 10 the last preceding
secunni and said governors shan not grant certificates FIR the
same mark OF brand. To two distinct persons on any one island.
See. 2i9. Any person who shall ohliterate any
brand. or mark, on any animal. by placing another
brand or mark over the same, or otherwise, although without a
dollars. in the discretion Of the Court, for every brand or mark
% Obliteratei.
Sec. 30. II any of the animals enumerated in sec
239. shall be found at large, and not upon the
and o; the owner, or person having charge OF such animal; or il
aiind uoinr ia,naee : o ,he properly oi private individuals, or of
rithin the meaning Of ~ article.
DF II IMPROVEMENT OF AGRICULTURE
AND MANUFACTURES.
Sec. 25l. II shall be the duty of the Minister of the
Interior TO watch over the great interests of agricul-
urs, and 10 do all in his power TO promote its improvement, by
be collection ana distribution Of SEEDS and plants, and by every
iher means within the scope Of his department.
Sec. 252. Whenever any agricultural society shall T!
raised. by contribution of individuals. or other
the sum Of five hundred dollars, 10 he appropriated in The
raning Of premiums. or otherwise. for the announcement 81
e ricultuTe, or the Improvements Of the breeds of stock, within
actnry evidence of that fact tn the Minister Of the Interior. shan
entitled to receive at His Nfai-sty's treasury the like -un Of
I've hundred dollars, u b. added To the funds Of the SAID society:
always that no such society shall receive from the
reasury more than five hundred dollars, in any one year.
Sec. 253 Every such agricultural society shall.
lnder penalty of ~forfeting the grant mentioned in
he last preceding section. furnish the Minister Of the Interior.
nnaaliv, in the month Of January, with a true statement of the
ther sources, during the year Immediately preceding; also with
correct statement in dctail Of the expenditures of said society,
n premiums. q otherwise duriugf "a a rerioi
Sec. 254. Every agricultural society, which shall
eceive the said allowance from the public treasury.
bail offer, annually, by way Of premiums, o shall apply other
+ agriculture. stock or manufactures, n sum not less than the
-easury.
Sec. 25Es The Minister of the Interior may, with
he approval of the King, issue a patent to the iuven-
1r or improver of any machine, manufacture. or other work of
TT, calculated to promote the interests Gf science, agriculture, or
manufacturers; and may therein, grant to such inventor or i'm
rover the exclusive use and benefit of his invention or improve
pectied in such patent.
Sec. 30. Every such inventor, or improver. shall,
efore receiving a patent. deliver to the Minister of
re Interior, q full AMI clear description, in writing, az his iuven-
on or improse@ent, tosether with the mode Of using or apply
'anner and process of making, construc ing or compromising the
on TO the written description, accurate drawings, and a com
ete model thereof /
ARTICLE V.-Of he IaternaI Police.
Sec. 257. There shall be appointed by the King.
pom the nomination of the Minister of the Interior,
person of good moral character and discretion, to be chief
Police, who shall! be styled the Marshal of the Kingdom, and !.
no shall hold Office during his Majesty's pleasure, subject,
owever, to removal at any time. upon the representation of the
ipreme Court. for corruption, misconduct, or incompetency.
e shall reside and keep an Office at the seat CT government.
Sec. 25S. Before entering upon the duties of his
lice, such Marshal shall give n bond to the Minister
the Interior, in the penal sum Of FIVE thousand dollars, with
f1cient surety, or sureties. to be approved by said Minister,
that he will faithfully execute all process directed to
m by any q the courts OF this kingdom; that he viii faithfully !
count for aud due return make of all fines, penalties. and :
oneys collected by him; that he will safely keep all prisoners ]
ily committed to his custody: that he VIII in all things. well
III truly. without malice or Partially. perform the duties of his
and take only the lawful fees OF his office. :
Sec. 259. The bond given by the Marshal of the a
ngdon for the faithful performance of his duties, a
all be filed and recorded in the Office Of the Minister of the o
terror, and copies thereof certified by the sld minister, under $
e seal Of his department, shall be competent evidence in any 1
urt of Justice
In case Q any breach OF the condition Of any such bond, any 9
th-rehy injured. may institute n suit upon such bond. in l
> own name and Tor his sole use, Odd thereupon recov r such :
mag-s n : shall be legally assessed, with costs Of suit; for d
lich execution NAV issue for such person. and in !, such t.
rson shall fat TO recover in the suit, Judgment may be render N
/. and cNecurilm maY issue for cnsfa in Garnr q The latendnn