CHAPTER 77.

OFFENSES AGAINST SUNDRY DEPARTMENTS OF THE GOVERNMENT. PART I.-NOTARIES PUBLIC AND OFFICERS TO TAKE ACKNOWLEDGMENTS.

§ 1334. On the resignation, removal from office, or death of any notary public, his records shall be deposited with the clerk of the nearest court of record to the place where his office was situated; and by a neglect for three months to comply with the above requisition, such notary, his executor or administrator, shall forfeit not less than fifty, nor more than five hundred dollars, in the discretion of the court. All forfeitures under this section shall be one-half to the government, and the other half to him who shall sue for the same.

§ 1335. All judges and other officers now, or who may hereafter be authorized by law to take acknowledgments to instruments, besides the certificate of acknowledgment indorsed upon the instrument, shall keep a record of every acknowledgment in a book of records. Each record shall at least set forth the date of acknowledgment, the parties to the instrument, the persons acknowledging, the date, and some memorandum as to the nature of the instrument acknowledged. § 1336. The books of record so kept shall every five years, and upon the resignation, death, or removal from office of such judge or other officer, be deposited with the clerk of the court of record nearest the place where such judge or other officer resided.

§ 1337. The clerks of the several courts of record shall carefully preserve the books of record deposited with them as provided herein, filing the same with the records of the court. Such records, both while in the custody of such acknowledging officers and after such filing, shall be open at all reasonable times to the inspection of any responsible person, without fee or reward.

§ 1338. Any of the officers to take acknowledgments aforesaid, who shall fail to keep the record herein directed, or upon failure to deposit the same with a clerk of a court of record as directed, shall be liable to pay a fine of not less than fifty dollars nor more than two hundred and fifty dollars, which may be recovered of such officer, his executors, or administrators before any district magistrate. The first period of five years contemplated by sections 1335-1388 shall expire July 1st, A. D. 1893.

§ 1339. It shall be the duty of every notary public or the officer authorized to take acknowledgments to instruments, before taking any acknowledgment, to first carefully inspect any instrument proposed to be acknowledged before him, and ascertain whether there are any interlineations, erasures, or changes in such instrument.

If there are any such interlineations, erasures, or changes, he shall call the attention thereto of the person offering to acknowledge such instrument, and if they are approved by such person, the said acknowledging officer shall place his initials in the margin of said instrument opposite each such interlineation, erasure, or change, and shall note at the foot of the instrument before the acknowledging clause what each such interlineation, erasure, or change consists of, and the number of the page and line on which it occurs.

§ 1340. Every notary public or other person authorized to take acknowledgments to instruments, who shall take the acknowledgment of any person to any instrument in which there are interlineations, erasures, or changes, and who shall fail to observe or perform

the requirements, or any of them, of the last preceding section, shall be liable, upon conviction thereof before any district court, to a fine not to exceed the sum of two hundred dollars.

§ 1341. Any officer authorized to take acknowledgments to instruments who shall knowingly incorporate in the certificate of acknowledgment any false or misleading statement as to the facts therein contained, shall, on due proof thereof before any district magistrate, be punished by fine not to exceed one hundred dollars, or by imprisonment at hard labor not to exceed two months, or both. Nothing herein contained shall be construed to do away with the liability for civil damages for such act.

PART II.-MARRIAGE RECORDS.

§ 1342. It shall be the duty of every person authorized to solemnize marriage within this Territory to make and preserve a record of every marriage by him solemnized, comprising the names of the man and woman married, their place of residence, and the date of their marriage, and to deliver a certificate of such marriage, signed by him, to the parties married.

§ 1343. Every person authorized to solemnize a marriage, who shall neglect to keep a record of any marriage by him solemnized, or to deliver a certificate thereof to the parties married, shall be subject, upon due proof of such neglect before any district magistrate, to a fine of fifty dollars.

§ 1344. It shall be the duty of every person authorized to solemnize marriage to deliver to any person requesting the same a written certificate of any marriage by him solemnized, upon being paid or tendered the sum of fifty cents.

Any person authorized to solemnize marriage who shall refuse, upon being paid or tendered the sum of fifty cents, to deliver to any person requesting the same a certificate of any marriage by him solemnized shall, upon due proof of such refusal before any district magistrate, be subject to a fine of fifty dollars.

§ 1345. Upon the death or departure from the country of any person authorized to solemnize marriage, it shall be the duty of his executor, administrator, or other legal representative to deliver the records of marriages kept by such authorized person to the treasurer, under a penalty, upon due proof of neglect to make such delivery before any district magistrate, of a fine of one hundred dollars.

§ 1346. It shall be the duty of the chief clerk of the treasury, upon being paid or tendered the sum of fifty cents, to deliver to any person requesting the same a certified copy of any entry found in any record of marriages deposited in said department, under the hand of said clerk and the seal of the department.

[PART III.]
[§§ 1347-1348.]

PART IV.-EVASION OF STAMP DUTIES.

§ 1349. No officer of any body corporate shall issue or deliver any certificate of the ownership of stock in or of such corporation, nor note the sale or transfer of any share or shares of stock in such corporation upon the stock book of such corporation, except such new certificates, or the certificate so transferred, shall have affixed thereto stamps of the

value of twenty cents for each one hundred dollars or fraction thereof of the par value of the shares of stock represented or certified by such certificate, which stamps shall be paid for by the person to whom such certificate shall be issued and delivered or by the person who requests the noting of such sale or transfer of stock in the stock book of the corporation: Provided, however, That the stamp duty above provided for shall not be held to apply to certificates issued to the owner of the shares represented by such certificates in cases where there is no change of ownership of such shares, and that in case of reissue to a former owner the officer of the company issuing the stock shall note on the certificate the word "reissue" and sign the same. And it shall be the duty of the officer making the annual exhibit of such body corporate to the treasurer to include therein a sworn statement of the number and par value of the shares of the stock thereof, certificates for which have been issued or delivered, or the sale or transfer thereof noted in the stock book of the corporation during the period covered by such exhibit. Any person who shall violate any of the provisions of this section shall be subject to a fine of not less than fifty nor more than two hundred and fifty dollars, upon conviction thereof before any magistrate.

Marriage records must be sent to registrar. See P. L., § 966.

[CHAPTER 78.]

[§§ 1350-1390.]

CHAPTER 79.

BUREAU OF PUBLIC INSTRUCTION-PARENTAL AND FILIAL DUTIES.

PART I.-ATTENDANCE.

§ 1391. If any child of school age shall persist in absenting himself from school, any district magistrate shall, upon proper complaint being made by the school-teacher, or any other officer or agent of the department, cause the father or the mother, guardian or other person having the charge of such child, to be summoned to appear before such magistrate, and upon its being proved that the person responsible for the child had not used proper diligence to enforce the child's regular attendance at school, such responsible party shall be fined by the magistrate in a sum not exceeding five dollars, and in default of pay

ment thereof such person shall be imprisoned at hard labor for a term not to exceed ten days. In case the child shall prove the offending party, the magistrate shall send him to a reformatory or industrial school for a term not less than six months or more than two years, or otherwise sentence him to a fine not exceeding two dollars, or imprisonment for a term not exceeding five days. Provided, however, that the provisions of this section shall not apply to any child not liable to compulsory attendance at school.

§ 1392. The teachers of all schools, either public or private, shall keep a correct register of the names, sex, age, and nationality, as far as ascertainable, date of entering the school, and the places of residence of the children attending their respective schools, and no teacher of any school shall grant a release to any child under fifteen years of age, who shall be registered as attending his school, for the purpose of attending another school, unless the consent and approval of the parents or guardians of such child shall be given in writing to the teacher, or unless authorized to grant such release by the school agent of the district for good reasons shown to his satisfaction. In every such case a certificate in writing shall be granted to the teacher setting forth the facts in the case.

The register shall be carefully preserved, and as often as the department shall direct the register or a true copy thereof shall be filed in the office of the department.

§ 1393. No teacher of any school, either public or private, shall receive into his school any child under fifteen years of age who shall have attended another school of the same class in the same district, unless such child shall produce to teacher of the school to be entered a certificate of release signed by the teacher of the school last attended by the child. If such child apply to attend a school of higher grade, a certificate of proficiency shall be required or a lawful excuse for its

absence.

Provided, that the children from one district desiring to enter a school in another district may be received or admitted upon producing a certificate of release from the school last attended in such other district.

The teacher of any such school who shall violate any of the provisions of this or of the foregoing section shall, upon conviction thereof, before any district magistrate, be subject to a fine not exceeding ten dollars for each offense.

PART II.-INDUSTRIAL AND REFORMATORY SCHOOLS.

§ 1394. The act entitled "An act authorizing the board of education to establish an industrial and reformatory school for the care and education of helpless and neglected children, as also for the reformation of juvenile offenders," approved December 30th, 1864, be, and the same is hereby, repealed, from section 1 to section 10, inclusive. § 1395. The department of public instruction is hereby authorized to continue the industrial and reformatory school established in March, A. D. 1865, at Keoneula, Kapalama, Oahu, under the act of December 30th, 1864, authorizing the same; to be, as heretofore, conducted under the direction and supervision of the department of public instruction.

§ 1396. It shall be lawful for the department of public instruction to institute and establish industrial and reformatory schools in any part of the Territory when the same shall be deemed necessary, and

when funds shall be available by legislative appropriation for that object. All such schools shall be conducted under the direction and supervision of the department of public instruction.

1397. The only object of the said industrial and reformatory schools shall be the detention, management, education, employment, reformation, and maintenance of such children as shall be committed thereto as orphans, vagrants, truants, living an idle or dissolute life, who shall be duly convicted of any crime or misdemeanor, who shall be surrendered to the department of public instruction as guardians thereof, for the term of their minority, or who shall be received at such schools as hereinafter provided.

§ 1398. The district magistrates are hereby authorized to commit all offenders duly convicted before them, under fifteen years of age, to said industrial and reformatory schools in all cases where they shall deem such sentence to be more suitable than the punishment otherwise authorized by law.

§ 1399. The said district magistrates, on the representation of any member of the department of public instruction, its agents, the attorney-general or his authorized deputy, the chief sheriff or his deputy, or the sheriff or deputy sheriff of any island shall have power to hear and determine any case, and to sentence for any term within their minority to some industrial and reformatory school, any child under fifteen years of age who lives an idle or dissolute life, whose parents are dead, or if living from drunkenness or other vices or causes shall neglect to provide suitable employment for or exercise salutary control over such child.

§ 1400. The department of public instruction, or its agents, if authorized by the said department, shall have power to accept from the parents or guardian of any child the surrender of such child for the term of his or her minority, to be entered at some industrial and reformatory school; and all the rights of parents or guardians to keep, control, educate, employ, indenture, or discharge such child shall vest solely in the department of public instruction.

§ 1401. It shall be lawful for the department of public instruction, in its discretion, to receive into such industrial and reformatory schools the children under fifteen years of age of parents, guardians, or adoptive parents who shall desire the same; and the said department is hereby authorized to charge fees, or remit the same in special cases, for the children so admitted, as in the judgment of the said department shall seem proper.

§ 1402. The principals of said schools shall receive and detain at said industrial and reformatory schools all children who shall be committed thereto or placed therein, as provided in sections 1398, 1399, 1400, and 1401, and they shall be charged with the detention and custody of all children so committed or admitted and with the execution of all orders as well as process of court respecting such children.

§ 1403. It shall be lawful for the department of public instruction, or its agents, if authorized by said department, to bind out as apprentices, with their consent, all children over ten years of age as shall be committed or surrendered for their minority, and who shall have been admitted at any industrial and reformatory school, to such useful trades, employments, or occupations as shall be suitable to their years and capacity and as in the judgment of the said department will tend to the future benefit and advantage of such children.

§ 1404. Whenever it can be found that apprenticeships can not be obtained or suitable employment be provided at any industrial and