The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1870-09-24
The Proposed Amendment to the
and Servant" Law.

The Proposed Amendments to the
"Master and Servant" Layv.
The resolutionists of Maui an dothers of their
ilk have repeatedly charged that the reformers of
our labor system had only tried to repeal the OBJ
noxious law that no amendments had been pro-
posed or offered. The following Act amendatory
of the law was proposed by Mr.. Martin, member
from Kau, Hawaii, and was referred to a Special
Committee of the Assembly, and by them reported
back to that body, where it met a death blow at
the hands of MIR. c.. II. Judd, who, acting under
the instructions of the Minister of Foreign Rela-
tons, moved its indefinite postponement. The
motion prevailed after which the Vice President
of that body left his seat and secured the putting
of the motion to reconsider, which was lost, and
thus the bill was buried, to be brought forward
in time and passed with still more liberal amend
ments. The day of enforcing contracts to labor
by imprisonment, assignments OF contracts,
double time, ruinous advances and other outrages
upon the laborer is drawing to a close.
AN C TO AMEND SECTIONS 1417, 1418, 1419 AND
1920 OF THE CIVIL CODE.
Be it enacted by the King and the Legislative is
sem6Iy Of the HdI0GitGH Islands IN the Legislature
of the Kingdom Assembled.
SECTION l. That Sections 1417, 1418, 1419 and
1920 of the Civil Code, be and the same are hereby
amended to read as follows:
Section 1417. Any person who has attained the
age of twenty years may bind himself by written
contract to serve another, in any art, trade or pro-
fession or other employment for any term not exceed
ing one year, but no female whether married or
unmarried can bind herself by written contract to
serve another without the consent of her parent or
parents or guardians or of her husband, within this
kingdom.
Section 141s. All engagements of service con-
-,o+o - n ro,Dn ~ h awonuta1 in fhi0
unless the same be in contravention, of the laws of
this shall be binding here provided, however, that
suck engagements made for a longer period than two
years, shall be reduced to that limit, to count from
fhe arrival of the person bound in this kingdom.
Section 1419. If any person lawfully bound to
service, shall willfully absent himself from such SER
vice without the leave of his employer, any District
or Police Justice of the kingdom upon complaint
made under oath by the employer or by any one on
his behalf, may issue a warrant to apprehend such
person, and bring him before the said justice, and If
the complaint shall be maintained the justice shall
order such offender to return to his employer to serve
the remainder of the time stipulated in his contract,
and be shall also serve not to exceed one day for each
days absence, and such absence if reckOned In
money shall not be counted more than fifty cents per
diem, and if such offender shall refuse to return to
his employer to serve the remainder of his time, the
Justice having cognizance of the same may issue an
execution upon the property of such offender, within
ten days after such refusal, and If no property of
such offender can be found, the said justice may
CAUSE II edNl OucuucI u ID z ulIC u lhOOI " oODC
suitable person at the rate of twenty-five cents per
diem to be paid to said justice, until the judgment
and costs shall be fully satisfied.
Section 1420.-lf any person shall refuse to
serve according to the provisions of the last section
on the terms of his contract the justice may immedi-
ately enforce his judgment as provided for in the
foregoing section 70
SEC. 2. No employer shall be permitted to extend
the time of service of any one in his employ under
contract, beyond the time stipulated in said contract,
nor shall he allow said laborer to become indebted to
him beyond the amount of wages for the said stipu-
lated time. Any employer who shall in contravention
Of this Act allow any Indebtedness to himself beyond
the limit herein prescribed shall have no recourse
therefor at law.
SEC. 8. All contracts between employers and la
borers shall be signed and acknowledged in the pres
ence of some officer authorized by law to take
acknowledgements, and the employer shall pay such
officer twenty-five cents for each and every signature
on any contract, two copies of such contract being
drawn up, one to be delivered to the laborer, and one
to the employer. No such contract shall be deemed
binding which is not executed in accordance with the
provisions of this Act.
SEC. 4. The hours of labor of such servants shall
not exceed niue hours of each working day, and the
employer shall provide sufficient food Of n kind and
quality suitable to his nationality, and not less than
three meals per diem. In case of the sickness of such
contract laborers, the employer shall provide suitable
medicines and attendance, and the quality of food
necessary to his condition, provided that the employer
home for treatment ; in the latter case when cOnva-
descent he shall return to service.
SEC. 5. This Act shall become a law from and
the date of its passage, and all Acts and parts Of
Acts in contravention hereof are hereby repealed.