Page images

same with diligence. It shall also be his duty to enforce all bonds other obligations in favor of government that may be placed in hands for that purpose by any person having the lawful custod such papers; and he shall likewise be diligent in prosecuting all sons who may obstruct any street, channel, harbor, wharf, or highway, or any stream or public water course, or commit any pass or waste on any portion of the public domain or other P property.

SEC. 1015. The said attorney-general shall, without charge, times when called upon, give advice and counsel to the min (heads of departments), the marshal (high sheriff), sheriffs, colle justices, and other public officers, in all matters connected with public duties, and otherwise aid and assist them in every way req to enable them to perform their duties faithfully.

SEC. 1016. It shall also be the duty of the said attorney-gene give counsel and aid to poor and oppressed citizens of the re (Territory), and to assist them in obtaining their just rights w charge; provided, however, that he shall not be obliged to rende aid, counsel, and assistance unless requested so to do by the pre (governor), or by some one of the ministers (heads of departmer SEC. 1017. Said attorney-general shall not receive any fee or from or in behalf of any person or prosecutor for services re in any prosecution or business to which it shall be his official d attend; nor be concerned as counsel or attorney for either party civil action depending upon the same state of facts.

SEC. 1018. He shall account with the minister of finance (tre of the Territory) every three months for all fees, bills of costs penalties, and other moneys received by him by virtue of his o

SEC. 1019. Said attorney-general shall, when required, g opinions upon questions of law submitted to him by the pr (governor), the legislative assembly, or the head of any depar

SEC. 1020. The said attorney-general shall receive such salary be voted from time to time by the legislature, which shall be him out of the public treasury in equal monthly payments in all services rendered by him.

SEC. 1021. The attorney-general may from time to time ap deputy for any judicial district, whensoever the exigencies of t lic service may require it, and shall be responsible for all the such deputy or deputies.

SEC. 1022. All the duties imposed by existing laws on distric neys formerly are hereby required to be performed by the at general.

CHAPTER 72.-Police.

SEC. 1023. The attorney-general shall have the care, supe and control of the entire internal police of the republic (Ter subject to the provisions of this act.

SEC. 1024. There shall be a marshal of the republic (high sh the Territory), hereinafter named the marshal (high sheriff). be the chief of police for the republic (Territory), and shall be sible to the attorney-general. He shall have the supervision a trol of the sheriff's and subordinate officers of the internal poli shall hold office subject to removal by the attorney-general, approval of the cabinet (governor); and he may be removed f

by the supreme court, or by a majority of the justices thereof. Any vacancy which shall hereafter occur in the office of marshal (high sheriff) shall be filled by commission from the president (governor), by and with the advice and consent of the cabinet (Senate), upon the nomination of the attorney-general.

SEC. 1025. Any person who shall be hereafter so nominated and commissioned to the office of marshal (high sheriff) shall, before entering upon the duties of such office, execute and deliver to the attorneygeneral a bond in a penal sum of not less than five thousand dollars $5,000, with sufficient surety or sureties, to be approved by any justice of the supreme court, and such approval to be by such justice endorsed on said bond, conditioned for his faithful execution of all process directed to him by any of the courts of the republic (Territory) for the faithful accounting for and due return of all fines, penalties, and moneys collected by him; for the safe-keeping of all prisoners duly committed to his custody; and for the faithful performance of all other duties of his office; and that he will take only the lawful fees of his office.

The attorney-general, with the approval of any justice of the supreme court, or a majority of the justices of the supreme court, may as the occasion may require exact additional bonds or increased security from the marshal (high sheriff), conditioned as above, provided not more than twenty thousand dollars ($20,000) in all shall be thus exacted. The bond or bonds given as herein provided shall be filed and preserved in the office of the clerk of the supreme court.

SEC. 1026. There shall be a sheriff for the island of Hawaii, a sheriff for the islands of Maui, Molokai, Lanai, and Kahoolawe, and a sheriff for the islands of Kauai and Niihau, who shall have the exercise, care, *apervision, and control of the police within their respective jurisdictions: subject, however, to the superior control of the marshal high sheriff) and the attorney-general.

SEC. 1027. The respective sheriffs shall be appointed by the marshal high sheriff), by and with the approval of the attorney-general, to be endorsed on the commission of the sheriff so appointed.

They shall hold their offices subject to removal by the marshal (high sheriff), with the approval of the attorney-general.

SEC. 1028. The respective sheriffs shall give bonds, with sufficient sureties, to the attorney-general in a penal sum of not less than three thousand dollars ($3,000). Such bonds shall be conditioned, and may be increased or new bonds or other sureties exacted, as provided in the case of the marshal (high sheriff) in section 1025, provided that not more than ten thousand dollars ($10,000) in the aggregate shail be exacted in bonds from any sheriff. Such bonds shall be filed and preserved in the office of the clerk of the supreme court.

SEC. 1929. In case of any breach of the condition of any bond so furnished by the marshal (high sheriff), or by any sheriff, any person thereby injured may institute a suit upon such bond in his own name and for his sole use, or for the use of any person or persons whom he therein represents, and thereupon recover such damages as shall be legally assessed, with costs of suit, for which execution may issue in favor of such person. Such bond shall, after any judgment rendered thereon, remain as security for the benefit of any person injured by the breach of any condition thereof until the whole penalty shall have been recovered. No suit upon any such bond shall be commenced later

than two years after the right of action shall have accrued, pi that infants, femmes coverts, and persons non compos may su or in respect thereof within one year after their disabilities shal SEC. 1030. The marshal (high sheriff) shall, with the appr the attorney-general, appoint and commission not more tha deputies marshal (deputy high sheriff's), for whose acts and defa marshal (high sheriff) shall be responsible upon his official Each deputy marshal (deputy high sheriff) so appointed shall be : ized to do or perform any act or thing required by law to bec performed by the marshal (high sheriff). The marshal (high shall exact from his deputies bonds of indemnity with sufficien ties for the due and faithful discharge of their duties, which may be in any amount not to exceed ten thousand dollars ($ that shall be approved by the attorney-general.

SEC. 1031. It shall be the duty of the marshal (high sheriff), the several sheriffs within their respective jurisdictions, to prese public peace, to have charge of all jails and prisons, to safely k persons committed to their charge, to execute all lawful prece mandates directed to them by any judge, court, minister (he: department), or other person thereunto authorized; to arrest fu from justice, as well as all criminals and violators of the laws; an erally to perform ali such other duties as may be imposed upon by law, for any of which purposes they may command all ne assistance, civil or military.

SEC. 1032. The marshal (high sheriff) for and within the isl Oahu, subject to the approval of the attorney-general, and the sheriffs for and within their respective jurisdictions, subject approval of the marshal (high sheriff), may appoint such d sheriff and other police officers as occasion may require, and m miss them in their discretion; and may in like manner apporti duties and adjust the compensation of such officers, except as oth provided by law: Provided, however, that the number of 1 police officers or constables shall not exceed, for the island of one hundred; for the islands of Maui, Molokai, Lanai, and Kaho eighty; for the island of Hawaii, one hundred; for the islands of and Niihau, forty; and further provided, that nothing in this contained shall be construed to prevent the appointment of an ber of special constables to serve without pay, except that for during any emergency such special officers may be paid, in the tion of the officer by whom they were appointed to serve durin emergency, if such payment be approved by the attorney-gene SEC. 1033. The marshal (high sheriff) and the several sherif exact from the deputies sheriff appointed by them, respectivel vate bonds of indemnity, and shall be severally responsible official acts of such deputies.

SEC. 1034. The marshal (high sheriff), sheriffs, and deputy s shall receive in full payment of their services such annual sala compensation as shall from time to time be prescribed by the 1 ture; provided, however, that the legally prescribed fees receive the sale and conveyance of property under execution or other v order issued from any court, to an amount not exceeding fifty‹ for any one such sale and conveyance, shall belong to the marsha sheriff) or to the sheriff or to the deputy sheriff making such sa conveyance, the excess of such fees over said sum of fifty doll any, to be returned to the treasury as a government realization.

SEC. 1035. Any police officer or constable appointed to or holding ice under this act may be removed at any time by any judge of a Court of record, or by the district magistrate of Honolulu (if the officer so sought to be removed shall be a member of the police force for the i-land of Oahu) for incompetency, corruption, or misbehavior in office. SEC. 1936. In all cases in which the marshal (high sheriff) or any sheriff. deputy sheriff, or constable shall be a party, plaintiff, or fendant, to any suit or cause pending in any court of the Republic Territory), the officer so interested shall not be competent to execute ny process in such suit, and the court when necessary may appoinseme disinterested person to act as a substitute for such officer, to exet cute such process, who shall, in all respects, be accountable to the court for his conduct.

SEC. 1937. In case of the death, resignation, or removal from office of the mar-hal (high sheriff) or any sheriff without having executed, or having executed only in part, any process in his hands, the executon of such process may be effected or completed by the deputy of such mar-hal (high sheriff) or sheriff, or by such other police officer as -hall be thereunto appointed by the attorney-general; provided, that of a successor to such marshal (high sheriff) or sheriff shall be appointed, such successor shall be responsible for the completion of the execution of such process from the point to which the same had progressed at the time of his assumption of such office. The power hereby conferred tall extend to the execution, acknowledgment, and delivery by such deputy or other designated police officer as aforesaid, or by the successor of such marshal (high sheriff) or sheriff as aforesaid, of all deeds or other instruments of conveyance.

SEC. 103. The marshal (high sheriff) and the respective sheriffs -hall file all warrants, mittimuses, processes, and other official papers, or the attested copies of them, by which any prisoner shall have been committed or liberated, and they shall be safely kept in a suitable box or safe, and upon the death, resignation, or removal from office of such mar-hal (high sheriff) or sheriff shall be delivered, together with all other official records, papers, and journals, to his successor, or to any other officer or person duly appointed to receive them; and in default of such delivery such marshal (high sheriff) or sheriff, if living, may be held liable for embezzlement, as provided by section 158 of chapter Is of the penal code, and shall also be civilly liable in damages to any pron or persons who shall be injured by such nondelivery. If such marshal (high sheriff) or sheriff shall be dead, such civil liability shall attach to his personal representatives and the sureties upon his official bond, jointly and severally. In addition to such civil liability as aforesaid such marshal (high sheriff) or sheriff, or their personal representatives and sureties on their official bonds, shall forfeit and pay for each such default in delivery the sum of two hundred dollars, to be recovered for the use of the public treasury.

SEC. 1039. All process of any court of record shall be addressed to the marshal (high sheriff) or to any sheriff or their deputies, except as may be otherwise provided by law, and it shall be the duty of the marshal (high sheriff) or sheriff and their deputies to execute the same at their peril, according to the tenor thereof; and they shall not be liable for any damages resulting from the execution of such process. SEC. 1040. The marshal (high sheriff), any sheriff, deputy sheriff, or other police officer may decline to levy upon or sell the alleged property of any person against whose goods and effects an execution or

other similar writ may issue, unless the party beneficially inte in such writ shall, upon request, tender to such officer a sufficient of indemnity against the claims of third parties.

SEC. 1041. The respective sheriffs shall, quarterly, render in cate a true and itemized account of all fees, fines, and other 1 which they shall have received by virtue of their office, one ec which shall be forwarded to the Attorney-General and one t marshal (high sheriff), by whom respectively such reports sh filed and preserved.

SEC. 1042. The marshal (high sheriff) shall quarterly render attorney-general a true and itemized account of the whole amo money received by him, in which statement the moneys receiv his own use and benefit shall be stated separately from those re to the use or on account of the government or of private parties. shall, in like manner and at like intervals, as well as at any other when the attorney-general shall so request, report to the atto general concerning such other matters appertaining to the admin tion of the police department as the attorney-general may deem pr SEC. 1043. Any court of record may inquire, by proceedin quo warranto, into the validity of the appointment or claim by y any person shall hereafter hold, or claim to hold, or exercise the tions, or receive or enjoy the privileges or emoluments of the off marshal (high sheriff), sheriff, deputy sheriff, or any other office inbefore provided for. The proceedings upon such inquiry shall form as nearly as may be to the forms prescribed in the case of a of quo warranto to a person who claims or usurps an office in a poration, as provided by chapter 104. Such proceedings ma instituted by either the attorney-general in his official capacity any private person having any interest in such inquiry.

SEC. 1044. The marshal (high sheriff) and his deputies and the eral sheriffs and their respective deputies are hereby authoriz administer oaths in all cases in which oaths are by law authoriz required to be taken or administered, or in which the administeri an oath may be proper.

SEC. 1045. The office of governor of any island or islands w this republic (Territory) is hereby abolished.

SEC. 1046. The marshal (high sheriff) of the republic (Territ for and within the island of Oahu, and the sheriff's of the diffe islands other than Oahu within their respective jurisdictions, hereafter discharge the duties hereinafter enumerated, which heretofore been discharged and performed by the governors of different islands; that is to say, with respect to—

1. The administration of oaths and the taking of depositions. 2. The control, preservation, and disposition of wrecks and wreck 3. The shipping and discharge of seamen.

4. The testing and certification of weights and measures. SEC. 1047. In order to facilitate the due performance of their di by the said marshal (high sheriff) and sheriffs as provided in the ceding section, all rights, privileges, and fees heretofore accruing or possessed by, and all bonds running to the said governors, or of them, in respect of the matters pertaining to any of said dut shall hereafter be possessed by and accrue and run to and in favo the said marshal (high sheriff) and sheriffs within their respec jurisdictions.

« PreviousContinue »