before any district magistrate, be liable to a fine of not more than one hundred dollars.

§ 997. It shall be the duty of every police officer or deputy sheriff, having reason to believe that any person within his district is afflicted with leprosy to report the same forthwith to the agent of the board of health in such district, if any, otherwise to the nearest agent of the board of health.

§ 998. Any police officer or deputy sheriff who shall wilfully fail to comply with the provisions of section 997 shall be deemed guilty of a misdemeanor, and, and upon conviction thereof before any district magistrate, shall be fined in a sum not less than ten dollars nor more than two hundred dollars, and shall be dismissed from office.

PART II.-KOKUAS.

WHEREAS it is deemed expedient that the husband or wife of a leper should, in ordinary cases, be allowed to remain as a helper or kokua with such leper when segregated;

AND WHEREAS it is inexpedient to allow the privilege aforesaid without giving the board of health full power and control over helpers or kokuas, owing to the fact that many kokuas become infected with leprosy and capable of communicating the same to others, though showing no signs of the disease themselves: Therefore, Be it enacted, etc.:

§ 999. Voluntary helpers or kokuas living with lepers segregated by the board of health may be by such board declared infected with the disease of leprosy and capable of communicating the same to others. All such kokuas are hereby placed under control of the board of health, and may be prevented by it from intermingling with those free from the disease.

§ 1000. The board of health, with the consent of the governor, is empowered to make and promulgate such rules and regulations in regard to said helpers or kokuas for their care, discipline, and maintenance as may be deemed necessary, which rules and regulations shall have the force and effect of law when promulgated.

WHEREAS many doubts and disputes bave arisen as to what the duties to be performed by those persons who have become "kokuas" of those affiicted with leprosy consist of; and

WHEREAS it is proper in order to remove such difficulty that the nature of such duties to be performed by such kokuas be distinctly provided for by law: Therefore,

Be it enacted, etc.:

§ 1001. Every kokua who has heretofore received permission, or who may hereafter get permission, to go to the leper settlement according to law shall perform the duties of kokua to their leper friends as provided in the section 1002 and in no other way.

§ 1002. The duties to be performed by the kokuas of the lepers shall be that each kokua must take care of the leper or lepers that he went there to assist, and to go and get and prepare in a suitable manner all food and other supplies that are furnished by the government to the lepers, and attend to the clothing and other things that would contribute to the comfort of the lepers whose kokuas they are. And said kokuas shall also perform such labor and service as may be required by the board of health when requested to do so by the superintendent of the leper settlement, for which services they shall be paid such wages as are deemed fair and just by the board of health, such wages

to be not less than fifty cents per diem. And any kokua refusing to perform such labor as above stated, or who shall violate any rule or regulation of the board of health, shall be liable on conviction before a district magistrate to expulsion from the settlement.

PART III-TRANSPORTATION.

§ 1003. No steam coasting vessel licensed to carry passengers and engaged in the regular performance of that business, according to published schedules of sailing times, and whose net tonnage exceeds two hundred and fifty tons, shall be compelled or allowed while so engaged to carry to or from any port or place in the Hawaiian Islands any leper or any person or persons suffering from any contagious or infectious disease.

§ 1004. The master or owner of any such vessel knowingly violating the provisions of section 1003 shall be guilty of a misdemeanor, aud upon conviction before any district magistrate shall be fined in a sum not to exceed two hundred dollars.

§ 1005. Any person violating the provisions of section 1003 shall be deemed guilty of a misdemeanor, and upon conviction thereof before any district magistrate shall be fined in a sum not to exceed two hundred dollars.

PART IV.-ACQUISITION OF LAND.

GOVERNMENT RESERVATION.

§ 1006. The superintendent of public works is hereby empowered to purchase all lands, the title to which is now held and owned by private persons within the precincts of the government reservation, used for the leper settlement at Molokai.

§ 1007. In every case where no agreement about the price of such lands can be made between the superintendent of public works and the owners, there shall be appointed three disinterested persons who shall appraise the value of said lands and improvements, one of whom shall be appointed by the superintendent, one by the owner of the land, and the two thus appointed shall choose the third member, and such appraisement shall be binding upon the parties, unless the party who may be dissatisfied with such appraisement shall, within twenty days after notice of such appraisement, appeal therefrom.

§ 1008. The appeal mentioned in section 1007 shall be taken to the supreme court, sitting in banco, who shall decide the question upon the testimony presented before the appraisers, and no new evidence shall be allowed to be given on such appeal. The supreme court may, upon such appeal, approve, reverse, or modify the appraisement, and such decision of the supreme court shall be final and binding upon the parties to the controversy; and the owner of said land shall not be subjected to the payment of the costs of such appeal.

§ 1009. The owner of such lands shall deliver possession of the same to the officers in charge of the leper settlement within sixty days after the appraisement becomes final, and the superintendent of public works shall forthwith, after such delivery, pay to the owner the sum fixed by the appraisement or decision; and upon such payment the title to said lands shall become and remain vested in the government.

§ 1010. A copy of the appraisement or decision, duly certified with the certificate of the superintendent of public works, of the payment or tender of the sum appraised or decreed duly acknowledged by said superintendent, shall be recorded and be deemed sufficient record evidence of the change of title.

ON MOLOKAI.

§ 1011. The superintendent of public works is hereby authorized and empowered to enter upon and take possession of and hold for the use of the government such land, real estate, and property wheresoever situated on the island of Molokai, in the Hawaiian Islands, as may be required by the board of health for the segregation and confinement of lepers, or for other purposes of the board of health.

§ 1012. Whenever the board of health may require any parcel of land or property on the island of Molokai for any such purposes, the presi dent of the board shall so inform the superintendent of public works in writing, stating the location and area of such land or property so far as may be known to him, and the purpose for which the same is required, with a request that the same be acquired by the government. If upon receipt of such request and information the said superintendent shall deem the same to be reasonable and proper, he shall, after first giving thirty days' written notice to the occupants of such land or property, take possession of the same for the use of the government: Provided, however, that if such land or property is not actually occupied by any person, the said superintendent may take immediate possession of the

same.

§ 1013. Whenever the superintendent of public works shall proceed to take possession of any land or property under the provisions of sections 1011-1020, he shall first endeavor to agree with the owners (if known to him) of such land or property upon the amount to be paid them for the land or property taken or proposed to be taken, or to compromise with them, and in case of failure to agree with them he shall appoint three competent and disinterested persons to act as commissioners to ascertain and determine such compensation.

§ 1014. The commissioners so appointed shall give notice to the owners, if known to them and resident within the Hawaiian Islands, whose property has been taken or is proposed to be taken. If the owners of such land or property be unknown or can not be served by reason of nonresidence or other cause, then a notice posted in a conspicuous place on the land or property, or left at the owner's, occupant's, tenant's, or agent's residence shall be deemed sufficient notice. Such notice may be in general terms and addressed to all persons interested.

§ 1015. Such notice shall describe the land or property taken or proposed to be taken, and state the time and place at which the commissioners will meet to hear the claimants and take evidence as to the amount of compensation to which they are entitled. At every such meeting the commissioners shall take such testimony as they deem necessary, and they or a majority of them shall determine upon the proper compensation to be made. The decision arrived at by the commissioners shall be final and binding unless an appeal is taken as hereinafter provided. The commissioners shall have power to administer oaths, subpœna witnesses, and grant continuances in like manner as district magistrates.

§ 1016. The commissioners, or a majority of them, shall make, subscribe, and file with the superintendent of public works, within such reasonable time as shall be fixed upon by said superintendent, a certificate of their findings and appraisement, in which the land or property so valued shall be described with convenient accuracy and certainty.

$1017. Upon the filing of the certificate as provided in the preceding section, the superintendent of public works is hereby authorized to

pay to the person or persons named in the certificate the several amounts determined upon by the commissioners, out of any appropriation available for the purpose; provided, always, that either party feeling aggrieved by the decision of the commissioners may appeal to the circuit court of the first judicial circuit.

§ 1018. All appeals must be taken within twenty days after the date of the filing of the certificate with the superintendent of public works, by filing with the commissioners a written notice of appeal, and filing with the clerk of the judiciary department a bond in the sum of fifty dollars, conditioned to secure payment of future costs: Provided, however, that fifty dollars in money may be deposited in lieu of a bond.

Such appeal shall not prevent the superintendent from retaining or taking possession of the land or property mentioned and valued in the certificate.

§ 1019. A copy of the final appraisement or decision duly certified by the superintendent of public works, under the seal of his office, shall be recorded in the office of the registrar of conveyances, and shall operate as a deed of conveyance in fee simple from the owners of the land or property to the Hawaiian government.

§1020. The superintendent of public works shall, on receiving the certificate of appraisement, pay to the commissioners such reasonable co.npensation for their services as he shall determine upon, and he shall have power to fill any vacancy in their number caused by death or otherwise.

§§ 1006-1010 are S. L., 1884, ch. 37.

66 1011-1020 are P. G., act 55.

PART IV.

The attorney-general is now president of the board of health. See chapter 59. P. C., ch. 62, §6, was repealed S. L., 1874, ch. 11.

Cases in Hawaiian Reports: Segregation of Lepers, 5 Haw., 162; Re Cabinet, 8 Haw., 568.

CHAPTER 63.

FIRES AND FIREPROOF BUILDINGS.

PART I.-FIRE DEPARTMENT OF HONOLULU.

$ 1021. There shall be a fire department for the city of Honolulu, which shall consist of a board of commissioners consisting of three members, who shall be appointed by the superintendent of public

works and commissioned for two years, and who shall serve without pay; a chief engineer, who shall be appointed by the board of commissioners. There shall be three or more fire companies under pay, in the discretion of the board of commissioners, and such other volunteer companies as the commissioners shall deem fit. The general care and supervision of the department shall be under the direction of the board of commissioners, who shall also have power to issue such general rules and regulations for the government of the department as they shall deem necessary. The superintendent of public works, with the consent of the governor, may remove any commissioner and may fill all vacancies in the board of commissioners.

§1022. The chief engineer shall have the care, control, and custody of the property of the fire department, and shall be responsible to the board of commissioners for the same; and he shall also, by and with the approval of the board of commissioners, make all expenditures of moneys appropriated for the Honolulu fire department; and he shall not contract any debts on behalf of the department, or dispose of any property belonging to the same, without the consent of the board of commissioners. In all cases of fire he shall have the sole and absolute control and command over all members of the entire department, and it shall be his duty to cause the several engines and apparatus to be located in the most advantageous situations and duly worked for the effectual extinguishing of fires. He may, with the approval of the board of commissioners, grant the custody and use of fire engines, fire buckets, and other fire apparatus belonging to the government to such firemen as he may deem proper and assume the control of the same, with the said commissioners' approval. He shall, as often as once a month, examine into the condition of the fire engines, houses, fire buckets, and other fire apparatus, and shall every six months report and return to the board of commissioners the expenses of the fire department for such period, the number of fires which have occurred during the period, with the names of owners and occupants of the premises or property damaged or destroyed; the cause or origin of the fire, if known, and the amount of loss or damage and of the insurance on the property, the condition of the fire engines, carriages, apparatus, and property of the department, and the standing and condition of the companies. When any of said fire engines shall require to be repaired, the chief engineer shall cause the same to be well and sufficiently repaired.

§ 1023. In case the chief engineer shall be absent from a fire, the senior foreman shall assume his duties.

§1024. The chief engineer shall divide the city of Honolulu into fire districts and report their boundaries to the board of commissioners, and shall keep a record of the names of the occupants of the houses or other buildings where he shall observe any violation of the provisions of this law.

§ 1025. It shall be the duty of the chief engineer, once every three months and as much oftener as he may deem proper, to examine the dwelling houses, stores, places of business, and other buildings in the respective districts for the purpose of ascertaining any violation of this law; and also to examine the fireplaces, hearths, chimneys, stoves, and stovepipes in the respective districts, and upon finding any of them defective or dangerous he shall direct the owner or occupants of said premises, by written or printed notice, to alter, remove, or amend the same, and in case of neglecting to do so the party offending shall be guilty of a misdemeanor and punished on conviction as herein