The Hawaiian gazette., 1870-08-03

year 10 sell AVA, 10 any peISoH vi SOOu
character making application for the
same, on receiving from the applicant,
the sum of Five Hundred Dollars in
Honolulu, Three Hundred Dollars in
Lahaina, Wailuku or Hilo, and One
Hundred Dollars in each other District :
: Provided that no more than three Licen-
ses shall be granted in Honolulu, and
one in each other collection District.
1t being however, further expressly
understood, that every one wishing for
the Licenses, shall make his application
on or before the first day of November,
of each year, and the License shall take
effect on the first day of January follow
ing and if there shall be more ap-
plicants than the number of Licenses
which may be allowed by law, the
Licenses shall be set up at Auction, at
such place inthe District as the Minister
of the Interior may direct, at an upset
price, not less than the price herein
above prescribed.
%. Upon receiving from the Minis
ter of the Interior, a License to sell
Ava, the Licensee shall give to the
Minister of the Interior, Bond in the
Penal sum of Five Hundred Dollars,
with sufficient surety or sureties, to be
approved by said Minister, conditioned
/ that he will sell no Ava contrary to
the provisions of this Statute that be
will Immediately, upon every sale, file
away and preserve every certificate as
hereinafter provided, upon which he
may have sold Ava, and also keep an
account of all purchases and sales made
by him, under his License, which shall
be open for the inspection and informa-
ton of all who may desire to examine
the same, and that he shall render to
the Minister of the Interior, at the
close of every quarter, an account Of
the number Of purchases and sales made
by him during the said quarter, and
also the amount of the same and that
he shall also, at the end of each quar-
ter deliver over to the Sheriff or deputy
Sheriff of his District, by him to be
delivered to the Minister of the Inte-
rior, all certificates for the sale of Ava,
received by him during said quarter"
"3. 1t shall not be lawful for the cul-
tivators of Ava to sell Ava to any but
the liscened agents of Government.
1t shall not be lawful for the licensed
agents of Government to sell Ava to
any other persons than those buying
for expectation, such purchase for ex-
portation being in quantities Of not less
than ten pounds, or to duly licensed
Physicians and Surgeons or to such
persons as may deliver to said licensed |
agents, a certificate from licensed |
Physician or Surgeon, resident III the
same Gubernatorial District, or from
some person appointed by the Minister
of the Interior for that purpose, stating
that the person named in said certif- |
cate is, in the opinion of the person
granting the certificate, likely to receive
physical benefit from specified amount |
of Ava, in specified length of time.
No such certificate shall authorize more .
than one actual sale of ava, nor the
sale of any other than the amount spe-
Gifted in the certificate, nor shall the
amount specified exceed five pounds.
a. Every cultivator of Ava, who
shall sell to any but licensed agents of
the Government, and every other per-
son who shall sell without license, or
having a license, shall sell contrary to
the provisions of this Act, shall be sub
ject to fine of One Hundred Dollars
for each and every ofense. and, if a
licensed agent, Shall, on the second of
fense, forfeit his license: Provided,
however, that nothing in this Section
shall be so construed, as to prevent any
licensed Physician or Surgeon from
selling Ava as a medicine, which he
may have previously obtained of Gov
ernment agent"
SECTION 2. Licensed Agents of the
Government shall be held responsible
for all sales made on their premises,
unless they shall show satisfactory evi-
dence that such sales were not author
lied by them.
SECTION 3. That Section 5, of Chap
ter LV of the Penal Code, prohibiting
the use of Ava, be and the same is
hereby repealed.
SECTION 4. All laws and parts of
laws, in conflict with the provisions of
this Act, are hereby repealed.
Approved this 18th day of July,
A. D. 1870.
KAMEHAMEHA r.