SECTION I. The bureau of internal commence shall be presided over,..
SECTION I. The bureau of internal commerce shall be presided over, superintended and managed by the minister of the interior, who may assign the immediate duties thereof to a clerk appointed by him.
All venders of goods, wares and merchandise throughout the kingdom, whether at wholesale or retail, according to the provisions of the following article on that subject.
All venders of spirituous liquors throughout the kingdom, whether at wholesale or retail. According to the provisions of the following article relative to that subject.
All victualling house, inn and hotel keepers throughout the kingdom, according to the provisions of the following articles relative to that subject.
All auctioneers throughout the kingdom, according to the provisions of the following article relative to that subject.
All hawkers and peddlers throughout the kingdom, according to the provisions of the following article relative to that subject.
All publishers of newspapers and periodicals throughout the kingdom, other than the government organ, according to the provisions of the following article relative to that subject.
SECTION I. It shall be the duty of the minister of the interior to grant a vending..
SECTION III. The vender at retail, whether on commission or otherwise,..
SECTION VII. The minister of the interior shall cause to be kept in a book,..
SECTION I. It shall be the duty of the minister of the interior to grant a vending license to any person applying therefore in writing, stating in his application the name of the vender---the character of the merchantable articles intended to be sold---where the applicant designs to establish his principal place of business, and whether said business is to be carried on with his own capital, or upon commission.
SECTION II. The vender at wholesale, whether on commission or otherwise, shall before receiving his license, pay for the use of the royal exchequer, twenty-five dollars, and said license shall be renewable from year to year, upon the like terms of payment.
SECTION III. The vender at retail, whether on commission or otherwise, shall before receiving his license, pay for the use of the royal exchequer, twenty-five dollars, and the said license shall be renewable from year to year, upon the like terms of payment.
SECTION IV. Vending shall be denominated wholesale when articles are sold by the entire box, bale, case, basket, barrel, cask or pipe, or if dry goods, by the piece, or if sold in nine of the ways above enumerated, then by the hundred pounds. And all weights and quantities less than above specified, shall be denominated for the purposes of this law, retail weights and measures.
SECTION V. Venders both at wholesale and retail shall be entitled to receive both licenses separately, upon complying with the terms of both the preceding sections: Provided that in all licenses to be issued pursuant to his act, it shall form a positive condition, that neither the wholesale vender nor the retail vender of goods, wares and merchandise, shall at any time vend upon the premises appropriated to his business, or elsewhere within this kingdom, any spirituous liquors of any king whatever, without express license obtained for that purpose according to law. And that in case it shall at any time appear to the satisfaction of a local magistrate, without the intervention of a jury, that the said licensed vender has sold spirituous liquors of any kind during the perm of his license, he shall forfeit his license to vend, and be subject for each offence to the penalties prescribed in the second article of this chapter.
SECTION VI. The licenses herein above directed to be given shall be signed by the minister of the interior, and impressed with the seal of his department.
SECTION VII. The minister of the interior shall cause to be kept in a book, the names of all licensed venders of goods, wares and merchandise, throughout the kingdom---their respective places of abode---the capacity in which they vend---the character of the licenses given them, and the amount of license money paid by each, together with the date of each license. And it shall also be his special duty, from time to pay over to the minister of finance, all license money by him received, under the provisions of this article.
SECTION VIII. Any person violating the provisions of this article by the vending of goods, wares and merchandise, without having previously obtained a license as herein provided, shall on conviction, forfeit and pay to the government, five hundred dollars, and may be imprisoned not exceeding six months, in the discretion of the court.
SECTION I. The minister of the interior shall have power to grant..
SECTION I. The minister of the interior shall have power to grant a wholesale vending license for spirituous liquors to any wholesale merchant applying therefore in writing, under oath, and stating in his application the name of the vender...where the applicant intends to establish his place of business and whether such wholesale vending is intended to be conducted with the applicant's own capital, or upon commission.
SECTION II. The wholesale vending of spirituous liquors shall consist of selling the same in quantities not less than five gallons, and in the packages as originally imported. Wines, ale and other liquors containing alcohol, are comprehended in this article.
KNOW ALL MEN BY THESE PRESENTS, That we ________ principal and __ ____________ surety residing a _______________ in the island of _______________, Hawaiian Islands, are held and firmly bound unto Her Highness Akahi Wahine, minister of the interior, for the use of the Hawaiian government, in the penal sum of five hundred dollars, lawful money, to be levied of our respective joint and several property, in case the condition herein set forth shall be violated. For the just and full payment of which we hereby jointly and severally bind ourselves, our heirs, executors and administration.
Sealed with our seals, and dated this _________ day of ______ 20___.
The condition of the above obligation is, that whereas the above bounden _______, principal, wholesale merchant, has this day made application as required by law, for a license to sell spirituous liquors by wholesale, for the term of one year from the date hereof. Now if he shall not, during the continuance of his license, sell or dispose of the same to any person or persons at retail, but shall in deposing thereof confine himself and all those acting in his behalf to the minimum quantity of five gallons, or the package as originally imported, and if he shall not, during the continuance of his license, keep or suffer to be kept at his place of business, a noisy or disorderly house, or promote by such wholesale dealing, any disturbance of the public peace and tranquility, then this obligation to be void; otherwise, upon proof being made to the satisfaction of a common magistrate, without the intervention of a jury, the penalty mentioned in the above bond shall be forfeited, and the license upon which it is predicated shall be revoked.
Given under hands and seals, the day and year above written.
SECTION IV. Upon a violation of any of the above conditions of his bond, by any wholesale vender of spirituous liquors, it shall be the duty of the minister of the interior to pass said bond over to His Majesty's attorney general, for enforcement against the delinquent parties, both principal and surety, with such information as has come to his knowledge in regard to any such violations.
The minister of the interior shall, before the expiration of the respective retail licenses of the preceding period, cause a public notice to be inserted in the Polynesian newspaper, that on a day to be decided upon by him, not less than one week after the date of said notice, the retail licenses will be exposed to sale, naming the time and place and that the highest bidders will be entitled to receive licenses according to law, upon their complying with the requisitions of the succeeding section.
The condition of this obligation is, That whereas the above bounden ___________ principal has this day become entitled to a license for retailing spirituous liquors at _____________ , in the island of _____________, for the term of ______________ from the date hereof; now if he shall not, during the continuance of his license, sell or furnish the same to any native subjects of these islands, nor keep nor suffer to be kept at his place of retailing, a noisy or disorderly house, nor promote by such retailing any disturbances or breach of the public peace and tranquility; and if he shall not contribute by such retailing, to any violation of the laws of this kingdom, nor violate any of the conditions of the license, copy of which is annexed, then this obligation to be void; otherwise, upon proof being made to the satisfaction of a common magistrate, without the intervention of a jury, as prescribed in the act to organize the judiciary, the penalty mentioned in the above bond shall be forfeited, and the license upon which it is founded shall be revoked.
SECTION VII. The licenses above directed to be given, as well for the wholesaling as for the retailing of spirituous liquors, shall be signed by the minister of the interior, and impressed with the seal of his department.
SECTION VIII. Retailing of spirituous liquors shall be regulated more definitely the terms of the licenses, and shall never exceed in quantity five gallons. The minister of the interior may prescribe in the licenses definite rules and regulations to be observed by the venders.
SECTION IX. The minister of the interior shall keep in a book of licenses, the names of all licensed venders of spirituous liquors throughout the kingdom---their respective places of abode---the character of the licenses given them, and the amount of license money paid by each, together with the date of each license. It shall be his special duty from time to time to pay over to the minister of finance all license money by him received, under the provisions of this article.
SECTION X. Any person violating the provisions of this article by vending spirituous liquors, either at wholesale or at retail, without having previously obtained a license as herein provided, shall on conviction, forfeit and pay to the government for each offense five hundred dollars, and may be imprisoned, not exceeding six months in the discretion of the court.
SECTION XI. The minister of the interior shall have power in case of the modification or annulment of any subsisting treaty stipulation entered into by this government with any other nation, requiring the sale of spirituous liquors in the kingdom, (which may God grant,) to issue his proclamation, discontinuing prospectively the vending thereof at retail, and the further issuing of licenses for that purpose; the prohibition upon alcoholic drinks having been previously declared by the minister of finance, as prescribed in the third part of this act.
SECTION XII. The perfect of police shall in person or by prosy inspect all places licensed to vend spirituous liquors under this law.
SECTION III. Before granting a license to keep a house of public entertainment.
SECTION I. The Minister of the Interior may grant a license to keep a hotel, inn or victualer house, bowling alley or billiard table connected therewith or disconnected there from, to any person applying therefore in writing, and stating in his application the name of the publican---where he intends to establish his place of business, and whether the same is intended for the ordinary accommodation of sailors, or for the accommodation of other classes.
Hawaiian Islands, are held and firmly bound unto Her Highness Akahi Wahine, minister of the interior, for the use of the Hawaiian government, in the penal sum of five hundred dollars, lawful money, to be levied of our respective joint and several property, in case the condition herein set forth shall be violated. For the just and full payment of which we hereby jointly and severally bind ourselves, our heirs, executors and administration.
Sealed with our seals, and dated this _______ day of ________________, 20______.
principal, has this day made application as required by law, for a license to keep an inn or virtualer house for the term of one year from the date hereof. Now if he shall not, during the continuance of his said license, sell or furnish any spirituous liquors of any kind whatsoever, without having first obtained a license for so doing, according to law; and if he shall not, during the continuance of said term, keep or suffer to be kept at his place of business, a noisy or disorderly house, or promote thereby any disturbance of the public peace and tranquility; nor harbor nor conceal deserting sailors; but shall provide the customers for whose benefit his license is granted, with wholesome food whenever required, and shall at no time keep open his said inn after __________ o' clock at night, and shall at all time give free access thereto for examination by any officer of the police, and observe all other regulations sanctioned by the privy council, and embodied in his license, among which may be included or prohibited permission to keep bowling alleys and billiard tables at rates of license to be prescribed in privy council, then this obligation to be void; otherwise, upon proof being made to the satisfaction of a common magistrate, without the intervention of a jury as prescribed in the act to organize the judiciary, the penalty mentioned in the above bond shall be forfeited, and the license upon which it is predicated shall be revoked.
Given under our hands and seals, the day and year above written.
SECTION III. Before granting a license to keep a house of public entertainment for the higher classes of society, to be called a hotel, the Minister of the Interior shall receive at the hands of the applicant, the sum of forty dollars, and shall exact of him a bond in the like form and penalty as is required in the preceding section of this article.
SECTION IV. It shall be the duty of the Minister of the Interior to cause each of the said houses of public entertainment, as well for the accommodation of sailors as for the resort of the higher classes, to be from time to time inspected by some civil officer of the local police, at the place where the same is situated, who shall make report to him of its condition and character.
SECTION V. It shall be the duty of every keeper of a public hotel, licensed under the provisions of this article, to keep open for general inspection, a register of the names of all persons who become guests or inmates thereof; and it shall be their duty respectively to cause such list to be published monthly in the government newspaper, for which they shall pay the usual publication fees.
SECTION VI. The licensed directed to be given by this article, shall be signed by the minister of the interior, and impressed with the seal of this department. He shall keep in a book of licenses, the names of all licensed tavern, inn and hotel keepers throughout the kingdom...their respective places of abode...the character of the licenses given to each...the amount of license money paid by each, and the names of the sureties in their respective bonds; and it shall be his duty to pay over to the Minister of Finance all license money by him received, under the provisions of this article.
SECTION VII. Any person violating the provisions of this article, by opening or keeping an inn, or hotel, or by opening or keeping a bowling alley or billiard table connected therewith or disconnected there from, without license first obtained pursuant to the provisions of this article, shall on conviction, forfeit and pay to the government for each offense, one hundred dollars, and may be imprisoned, not exceeding six month, in the discretion of the court: Provided, that the minister of interior may grant licenses to keep bowling alleys or billiard tables upon bond, conditioned as may be determined in privy council.
At Honolulu, in the island of Oahu, at least two auction licenses; and at Lahaina, in the island of Maui, at least one auction license.
But it shall nevertheless be discretional with the said minister, whenever in his opinion the wants of the public require it, to grant any additional number of such licenses at Honolulu, not exceeding four, and at Lahaina, not exceeding two: and the said minister may in his discretion, should he deem the public good to require it, cause an auction license to be granted at any of the ports of entry and departure, established by the third part of this act, upon the like conditions as herein provided.
SECTION II. In order to obtain any such auction license, the applicant shall at least ten days before the expiration of the preceding auction year, file a petition with the Minister of the Interior, setting forth the name and nation of the applicant...whether he is a native or naturalized subject of His Majesty Akahi Nui, or an unnaturalized foreigner, domiciliated in the kingdom; and also where he intends to establish his place of business.
When the applicants are all Kanaka Maoli (native) or naturalized, or when they are all domiciliated aliens, to the several applicants, according to the priority of filing their petitions in his bureau: Provided always that the respective applicants shall be able and ready to comply with the succeeding provisions of this article.
SECTION IV. It shall not be necessary to expose at public vendue through the intervention of a licensed auctioneer, any real property or goods or chattels levied upon and expose to public sale by any sheriff or other executive officer of a court of justice, pursuant to the decree or mandate of any such court; but the property of a deceased testator or intestate, when offered for sale be any executor or administrator, under the authority of a judge of probate, shall be sold at auction by a licensed auctioneer, after the notice required by law: Provided always such property is not ordered to be sold pursuant to a levy or the judicial decree of a court, other than a court of probate.
KNOW TO ALL MEN BY THESE PRESENTS, That we ____________________ principal and ____________________ sureties residing at _____________ in the island of _______________________ , Hawaiian Islands, are held and firmly bound unto Her Highness Akahi Wahine Minister of the Interior, for the use of the Hawaiian government, in the penal sum of five hundred dollars, lawful money, to be levied of our respective joint and several property, in case the condition herein set forth shall be violated. For the just and full payment of which we hereby jointly and severally bind ourselves, our heirs, executors and administrators.
Sealed with our seals, and dated this __________ day of ________________ 20____.
knowingly expose to such sale dutiable articles, imported into the Hawaiian Islands in contravention of the foreign imposts prescribed in and by the laws of the kingdom; and if he/she shall at no time make default in paying over to parties for whose benefit he /she has exposed property to public sale at auction, the amounts there from arising; and if he/she shall at no time during the continuance of his/her said license, demand or receive for selling at auction the property of others, a greater commission than is for the time being allowed him/her by law; then this obligation to be void; otherwise, upon proof being made to the satisfaction of a common magistrate, without the intervention of a jury, as provided in the act to organize the judiciary, the penalty mentioned in the above bond shall be forfeited, and the license upon which it is predicated shall be revoked.
SECTION VI. The Minister of the Interior may in his/her discretion, stipulate in writing, with the auctioneers appointed by him/her at any of the ports of entry and departure, created by the third part of this act, other than Honolulu and Lahaina, for the payment by them respectively, of a percentage not exceeding two per cent., upon the sale price of all property sold by them at auction, at their respective places; which percentage shall be for the use of the royal exchequer in lieu of the license money required to be paid at Honolulu and Lahaina.
SECTION VII. In case the Minister of the Interior shall, at any time, in his/her discretion, as contemplated in the first and sixth sections of this article, license auctioneers at any of the ports of entry and departure, other than Honolulu and Lahaina, upon percentages of sale, it shall be the duty of such auctioneers to give the same bond, in the like penalty, and upon the same condition as prescribed in the fifth section of this article; and it shall be their duty respectively, to comply with the general regulations in this article prescribed, for the auctioneers licensed at Honolulu and Lahaina.
SECTION VIII. The auctioneers in this article, both required and discretionally allowed to be licensed, shall each be at liberty to charge upon all property by them respectively sold at public vendue, a commission of not more than five percent, upon the gross sales thereof, and to retain said percentage in their hands out of the purchase money paid to them by the bidders; and they shall have power to sue for and recover to the use of the person or persons for whom any such property was offered for sale, the amounts at which the said property was by them struck off; to prove which, the oath of the clerk officiating at such sale, shall be valid evidence in any court of this kingdom.
SECTION IX. The sheriffs of the respective islands of this kingdom, and the elisions appointed in their stead, shall be ex-officio auctioneers, for the purposes of the courts thereof; and shall have power to make valid sales under execution upon their own responsibility as to the title to the property by them sold; Provide always that they shall in no case be entitled to charge an auction commission upon any such sale.
SECTION X. All the auctioneers licensed under the provisions of this article, shall quarterly, from the date of their respective licenses, render a written account to the Minister of the Interior, of the gross amount of property struck off by them upon the estimate of the highest bids offered; with an epitomy of the commissions by them received. And the auctioneers licensed upon percentage, shall quarterly pay over to the Minister of Finance, the percentage received by agreement; in default of which, the Minister of the Interior shall have power, upon complaint of the Minister of Finance, to revoke or suspend their licenses.
SECTION XI. The licenses given under the provisions of this article, shall be signed by the Minister of the Interior, and impressed with the seal of his/her department.
SECTION XII. The Minister of the Interior shall keep in a book of licenses, the names of all licensed auctioneers throughout the kingdom...their respective places of abode...the terms under which each was licensed, and the amount of license money received at the hands of each at the royal exchequer. It shall be his/her special duty from time to time to pay over to the Minister of Finance all license money by him/her received, under the provisions of this article.
SECTION XIII. Any person violating the provisions of this article, by exposing to sale at public venue, without license first had and obtained, any property to be vended at auction, other than the official sales of executive judicial officers, as in this article provided; shall on conviction, forfeit and pay to the government for each offense, five hundred dollars, and the so exposed shall not be considered as lawfully sold to the person acquiring the same: Provided that nothing in this section contained shall be construed to extend to persons acting on account of, under responsibility to, or instead of the licensed auctioneer, being appointed by him for the time being in case of sickness or pressure of business.
SECTION I. It shall be the duty of the Minister of the Interior to grant a hawking and peddling license to any person, native or foreign, in the kingdom, upon application being made to him for that purpose in writing, setting forth the name of the applicant...the island in which he designs to peddle, and whether such hawker intends to peddle on his own account or on commission.
SECTION II. Each hawker and peddler shall be confined in the exercise of his/her license, to the particular island for which he shall make application, and shall not be allowed to peddle in any other island than that for which his/her license is give: Provided that a license may be granted to peddle in all or any number of the island, upon compliance with the provisions of the succeeding section.
KNOW ALL MEN BY THESE PRESENTS, That we ______ principal, and ___________ sureties residing at ________________, in the island of __________________, Hawaiian Islands, are held and firmly bound unto His Highness Akahi Wahine, minister of the interior, for the use of the Hawaiian government, in the penal sum of five hundred dollars lawful money, to be levied of our respective joint and several property, in case the condition herein set forth shall be violated. For the just and full payment of which we hereby jointly and severally bind ourselves, our heirs, executors and administrators.
Sealed with our seals, and dated this ___ day of _____________ 20___.
The condition of the above obligation is, that whereas the above bonden______ principal, has this day made application for a license to peddle at the Island of _______________, for the term of one year from the date hereof: Now if he/she shall not, during the continuance of his/her license, peddle goods of any kind in any other island, than that for which his/her license is given, and if he/she shall not within that time, peddle and offer for sale any property of any kind, the product or manufacture of any foreign country which has been imported into this, in contravention of the law regulating the duties upon imposts ____and if he/her shall at otherwise, upon proof being made to the satisfaction of a common magistrate, without the intervention of a jury, as prescribed in the act to organize the judiciary, the penalty mentioned in the above bond shall be forfeited, and the license upon which it is predicated shall be revoked.
SECTION IV. Upon a violation of any of the above conditions of his/her bond, by any hawker and peddler, it shall be the duty of the Minister of the Interior to pass the said bond over to His Majesty's attorney general for enforcement against the delinquent parties, both principal and sureties, with such information as has come to his knowledge, in regard to any such violation.
SECTION V. The licenses directed to be given by this article, shall be signed by the minister if the interior, and impressed with the seal of his/her department.
SECTION VI. The minister of the interior shall keep alphabetically in a book of licenses, the names of all licensed hawkers and peddlers throughout the kingdom...the island divisions of the kingdom in which they are respectively licensed to peddle...the amount of license money paid by each, and the names of the sureties, in their respective bonds. It shall also be his/her special duty from time to time to pay over to the Minister of Finance, all license money by him received, under the provisions of this article.
SECTION VII. Any person violating the provisions of this article, by hawking or peddling a article of foreign product or fabric, without a license first obtained, pursuant to the provisions of this article, shall on conviction, forfeit and pay to the government, one hundred dollars, and may be imprisoned not exceeding six months, in the discretion of the court.
SECTION I. The Minister of the Interior shall grant a license to publish a periodical, journal or newspaper, to any person applying therefore in writing, and stating in his/her application the name of the publisher...where he/she intends to establish his periodical, journal or newspaper...whether the same is to be devoted to religious or literary objects solely, or whether commercial notices and advertisements are to be equally admitted into its columns, upon terms of charge.
SECTION II. The publishers to all periodicals, journals and newspapers printed in any part of the kingdom, devoted exclusively to objects of literature, science, the arts, or to education or religion, shall be entitled to receive at the hands of the minister of the interior, a license therefore without charge, other than the regulated price of such license, and the regulated fees of his/her bureau, is defined in the third part of this act.
SECTION III. Before granting a license to publish any periodical, journal or newspaper, having in view the insertion in its columns of commercial notices and advertisements, the Minister of the Interior shall receive a the hands of the applicant, the sum of one hundred dollars, as licensed money.
SECTION IV. All political measures, all laws of this government and the acts of all the officers thereof shall be open to unconstrained and free discussion in any licensed periodical, journal or newspaper, published therein the publishers being responsible in person damages to any private party aggrieved, for libelous matter, or false and injurious charges. Excepting always that disrespectful assertions of allusions employed towards His Majesty the king, or towards Her Highness the premier, in any public periodical, journal or newspaper printed in this kingdom whether licensed or not, shall be considered high scandal, and shall subject the publisher of such periodical, journal or newspaper, for each offense, to a fine not less than one thousand dollars, and upon repetition, to imprisonment, not exceeding one year, in the discretion of the court.
SECTION V. The licenses directed to be given by this article, shall be signed by the Minister of the Interior, and impressed with the seal of his/her department, after which they shall be good for one year from the date thereof.
SECTION VI. The Minister of the Interior shall keep alphabetically in a book of licenses, the names of all licensed publishers of periodicals, journals and newspapers throughout the kingdom, whether devoted exclusively to literature, science, the arts, education or religion, or intended for the publication of commercial notices and advertisements...the name of such periodical, journal or newspaper...where established...the language in which printed, and the amount of license money received for each. And it shall be his/her special duty from time to time to pay over to the Minister of Finance, all license money by him/her received, under the provision of this article.
SECTION VII. Nothing in this article contained, shall be held to extend to the Polynesian newspaper, or government organ, regulated in and by the first chapter of this part.
SECTION VIII. Any person violating the provisions of this article, by printing or publishing any periodical, journal or newspaper in this kingdom, without first having obtained a license for so doing, pursuant to the provisions thereof, shall on conviction, forfeit and pay to the government for each offense, five hundred dollars, and may be imprisoned, not exceeding six months, in the discretion of the court.