The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1878-09-07
TEE PACIFIC
Commercial Obertlser
SATURDAY. :
SESSION LAWS.

N@NNs~1 - @1N@~ - - AAN
apparent that precision, clearness and ease 0
comprehension, as well as adaptation to the cir
eumstances of the people to whom it applies, ar
the great points to be sought in all codes. 4
great deal Of the litigation in courts arises from
the obscurity Of some statutory provision appli
cable TO the rights Of parties; each interprets i
to favor his own view, and rushes into court Il
have that view confirmed. In this hope be may
or may not be disappointed, for, of course, hi
success depends upon the construction which tht
courts place upon the law; and this is the case
more especially in Equity cases.
The act passed by the late Legislature concern
ing the Equity Jurisdiction of the Supreme Court
and the several Justices thereof, and also the
Circuit Courts, gives, in Section L. in addition
to the jurisdiction otherwise conferred. original
process, whether by bill, writ, petition, or other
wise, in which relief in equity is prayed for, and
they may issue all general and special writs and
processes required to courts of inferior jurisdic-
ton, when necessary to secure justice and equity.
Section 2 provides that the Justices of the
Supreme and Circuit Courts may hear and de-
termine in equity certain cases specified, when
the parties have not a plain, adequate and COM
plete remedy by the common law and shall
have full equity Jurisdiction, according to the
practice of Courts of Equity in all other cases
where there is not a clear remedy at law.
BY Section 3, cases in equity may be com-
menced by bill or petition, with a writ of sub
pena, and shall be returnable at the court terms,
or on the rule days established by the court.
Section 5 declares that a defense in equity
shall be by demurrer, plea or answer. A de-
murrer shall be accompanied with a certificate
that it is not intended for delay, and an answer
shall be supported by oath unless waived by the
adverse party. Approved July Both, 1873.
The act to provide for the arrest and punish
ment of officers and seamen refusing duty or de-
sorting from Hawaiian vessels engaged in foreign
trade, declares, in Section l, that any officer or
seaman legally attached to such vessel, who de-
serts or refuses duty, shall, upon conviction, be
subject to a fine not exceeding fifty dollars, and
costs, and in default of payment may be impris-
oned at hard labor not exceeding six months,
and may be ordered to return to his vessel.
Section 2 authorizes any Police or District
Justice, upon proper complaint, to issue his war
rant for the arrest of any person charged with
either of said offenses.
Section 3 makes it lawful for the Marshal or
his Deputy, or any Sheriff or Jailer having such
person in custody, upon requisition of the master
of the vessel, and payment of the costs of pro-
s%ecution, to deliver the seaman on board of his
vessel when she is about to proceed on her voy-
age, Notwithstanding the term of his sentence
may not have expired.
Section 4 declares that the shipping articles,
certified by a Hawaiian Consul or Commercial
Agent, shall be prima tacie evidence of legal
shipment of the party accused. Approved Aug.
LIST, 1878.
An important amendment Of the law regula-
ting the sale of ava is contained in the act to
amend Sections 3 and 4 of the law approved on
the 18th of July, 1870. Section L of the new
act makes it unlawful for cultivators of ava to
sell to any other person than agents licensed by
the government and these agents may sell to
any person who has no certificate from a licensed
physician or surgeon.
Section 2 amends Section 4 to the effect that
cultivators of ava who sell to any other persons
than licensed agents. and any parties selling
without a license, shall be subject to a fine not
exceeding 800, and in default of payment be
imprisoned at hard labor not exceeding six
months. Approved July Both, 1873.
The act amending the statutes regulating the
payment of Road Taxes repeats the following
Sections 488, 49, 173, ia, IT'S, 176, Ut, 178,
l79 and 1873 of the Civil Code, and Chapter IL
of the Act of 1874, amending Section 4SS OF the
Civil Code, and the act approved August 23rd,
1862, (this last act being entitled ''An Act to
amend the existing laws relating to the Road
Tax)' except Section 8 of the last mentioned
act.
Section 2 subjects all carts and drays to an
annual Road Tax of 50, in lieu of the work re-
quired by Section 7 of the act last mentioned.
Approved August LIST, 1873.
Chapter Al, Section 2, of the Penal Code, de-
clares that whoever shall manufacture for sale
any intoxicating drink or substance in this King
dom, shall be liable to a fine of $500, and in
default of payment, he shall be imprisoned at
hard labor not exceeding two years. An amend
ment to this section was passed by the late Leg
~islature modifying the fine by specifying that the
liability shall be not more than $780, thus
giving the courts some discretion as to the in
Fiction of a lighter penalty. Approved July
Both, 1878.
The act amending Section $50 of the Civil
Code is an excellent one, and should have been
on the statute book long ago. The great fire of
last December %justifes this remark. The amend
ment declares that all male residents of Homo
lulu going to a fire are required to obey the
orders of the Chief Engineer and his Assistants,
and the regular authorities, under a penalty of
So for each ofense. In our opinion, this law
should have been made general, and the penalty
greater for Honolulu, it should have been $50.
Approved July seth, 1878.
The act amending Section 49S of the Civil
Code re-districts the Islands more conveniently
for taxation, educational and judicial purposes,
and was approved July Both, 1878.
The amendments embodied in the act to amend
Sections 3 and 4 Of Chapter 10 of the Penal
Code, consist mainly of the following points
The teachers OF all day schools for native Hawai-
ian children shall keep q correct register of the
names, age, sex, residence, ETC., of the scholars