Hawaii Holomua, Volume III, Number 178, 2 August 1894 — HAWAII'S “BLUE” LAWS [ARTICLE]

HAWAII'S “BLUE” LAWS

CONSTITl'TIOX and LAffS Framed bv tho Missiouarios. LAWS of the HAWAIIAN ISLANDS. • *2. In those pls»ces whero tho caltiTated groauds aro sorrountled by a fence, animaU may go at large, but if any animal be really raischieTons and break away tho fenco or jump over it, then tho owner of tho auimal shall pay according to the amount of food destroved and tho loss sustained by the injured person. But goats and shoeps shall uot be permittod to go at large at all in tho vicinity of eultivated grounds. because they will not bo confined by a feuco, they will overleap it. Whorefore it is taboo for tbem to go at large in the vicinity of cnltivated grounds. 3. If tho fence become rotten, or if an adoby or stouo fence fall down, by whieh means the cultivated grounds beeome exposed, then the animal not boiug in fault and not being of a mischievons character ehall pay no fine. But if it wag gener.dly known that tho fenco waa poor and out of repair, aud ou that aeeouul most of tbe people coufined their animals, or if the officer had proclaimed that people must take care of their animals, and some ono rofusod or neglected to tako care of his, then he ahall pay all daraages done by his animals. •4. But the best courso is, when it is porceired that tho fence is defective, for tho officer to repair it immeiliatoly. In making fences, the labnr shali be done on the labor days of the King, the Iand agents, and the j>eople. They shall work twelve days in the mouth until the fence is finished for it is not raado for tho benefit of the Nobles only but for the j>eople also. But transient Uborers shall not work, unloss thoy feed cattle. 5. Furthermore, in makiog puhlie fenccs those who owu cattlo and horses shall do more than thoso who do not. Five cattle shall be considered eqnal to ono man, and iu making fenco if the officer thiuk best to divide it into por- | tions he ahall have a right to do so, and it woukl bo especially proper to give a separate portion to him that has cattle. Bnt tho estimate for cattlo and horses shall bo as moutioned above, though if thoy are tiod by ropcs, or feed in a soparate pasture, such auimal shali not bo connted. G. If an animal stray awav into the cnltivatod gronnds of a man, or into his enclosnre, it ahall be proper for tho owner of the gronnd to seize the auimal, and kindly return him to the owner, or if not, thon givo information that the animal is confined in order that the owner may eomo for him. But if any one unnecessarily hold tho auimal of auothor iu eonfinement, and do not rostore him nor consent to tho owner’a taking him away, or if he do uot givo notico of tho confino ■ raent, but retains the animal secret!y, then tho man who seized the animal shall pay all damage sustained by tho owner. 7. If an animal be seized, and it is not known to whom he belongs, then tho man shall take caro of the animil for one month feeding him well, making diligent inquiry whos« the property is, but if the owner do uot appoar, and is not heard of, tbe man who seized the animal may then act his pleasure and his will, but ke shall make his seizure of tho animai pnhlie, tbat it may bo extensivoIy hoard of. li be eoneoal it he is like a thief, but if ho make it public and it is not called for, he is then fanltless. If the owner appear after tho end of the montb spoken of above, he shall pay the man who has taken care of tho auimal for all his labor, and tako him away. 8. If the owner of the auimal and the person who soized him do not agre«, then the jndges shall decido tho case. Bnt tbo animal shall be restored immediately and tho judges ! decido respccting the payment according to principles Iaid down above. 9. All those words are applicablo both to house and yards and enclosed p!antations, bat if the gate of tho enclosuro be left opeo, then the aninaal is not in faalt for entering. If a man leave the gate of his enclosaro opon for the parpose of euticing animaU to enter, or if hegofor tho animaU of another and dr;ves them in or entices them to enter, and afterward make applieaiioo for damages, he sball be brongbt to trial thercfore, and on being convicted tbereof ahall be pcnisbed as a thief, thus; If he apply for one dollar he shall be fined foar dollnrs. If ho apply for two dollars ho shall be fined eight dollars and this shall ba the rate of fine for all who make snch criminal applicatioa for damages, when the animaU have committed no fault. j 10. If an animal bo tied by a rope and any one goes in a i enminal manner and loosens it, or pnlls up the stake, he then shall pay to Ihe owner of tho animal all the damage sostained by him, aod shall pay for all damages dooe by the animal. and shall pay a fine of ūie dollars. 11. Cattle and horses sh«il not go at large in streets of villages where there are many people traveling nor shall they be tied there for feeding, and when travolers tie tbeir hors©s in the streuts it sball bo dono only on the side of the street and with a short rope it is not proper in tha middle of the stre«t where people ara traveling. (To Be CoiUinu*d.j