PART III.-RABBITS AND MONGOOSE. § 1483. The keeping and breeding of rabbits in the various islands of the Territory of Hawaii is hereby prohibited. § 1484. Any person who shall keep or shall maintain for breeding any rabbits in any of the islands of the Territory of Hawaii is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars for the first offense, and upon conviction thereof a second time shall be punished by a fine not exceeding one hundred dollars and imprisonment at hard labor not exceeding two months. § 1485. Any police officer or other officer of the peace is hereby authorized to destroy any rabbit found in this Territory, and no officer destroying any rabbits shall be liable for any damages for such destruction to any person claiming the ownership of such animals, provided that no officer shall enter in any inhabited inclosure for the purpose of taking or destroying any rabbits without authority of law under a warrant duly issued. § 1486. Sections 1483-1486 shall not apply to any persons raising rabbits when said rabbits are kept in a confined state and only intended or kept as pet animals. § 1487. From and after the passage of sections 1487-1489 it shall not be lawful for any person, corporation, or association of persons to introduce, keep, or breed any mongoose into or upon the Hawaiian Islands. Any person, corporation, or association of persons who shall violate the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof before any district court shall be fined not less than two hundred and fifty nor more than one thousand dollars for each mongoose introduced, kept, or bred contrary to the terms. of this section. $1488. For the purpose of exterminating the mongoose already upon the island of Oahu, there shall be, and hereby is, set apart from any funds in the treasury, not otherwise disposed of, the sum of one thousand dollars, which shall be expended by the governor in the payment of a bounty of not to exceed twenty-five cents for each mongoose on the island of Oahu. The governor is hereby authorized to fix and from time to time change within the limit above set forth the amount of such bounty per head, and shall make such rules for regulating the payment of such bounty as, in his discretion, may seem necessary. § 1489. It shall be lawful for any person to kill and exterminate mongoose on any island of this Territory. NOTE TO CHAPTER 85. SS 1469. 1470 are P. C., ch. 85, §§ 1. 2. $1471 is S. L. 1870, ch. 13; C. L., p. 536, repealing P. C., ch. 85, § 5. 1472 is P. C., ch. 85, § 4. SS 1473, 1474 are S. L. 1892, ch. 41. SS 1475, 1476 are S. L. 1895, act 4. § 1477 is P. C., ch. 85, § 6. $1478 is S. L. 1884, ch. 3. $ 1479 is S. L. 1870, ch. 13; C. L., p. 536. 1480 is P. C., ch. 85, § 8. SS 1481, 1482 are S. L. 1892, ch. 77. S$ 1483-1486 are S. L. 1890, ch. 61. $ 1487-1489 are S. L. 1892, ch. 48. CHAPTER 86. ELECTIONS. § 1490. Offenses against the election laws and against the rules and regulations concerning the administering of oaths and the holding of elections are divided into two classes, viz, "Election frauds" and "Misdemeanors," as hereinafter defined. ELECTION FRAUDS. § 1491. The following persons shall be deemed guilty of an election fraud: 1. Every person who shall directly or indirectly, personally or through another, give, procure, or lend, or agree or offer to give, procure or lend, or who shall endeavor to procure any money, or office, or place of employment of valuable consideration to or for any elector, or to or for any person for an elector, or to or for any person in order to induce any elector to vote or refrain from voting, or to vote or refrain from voting for any particular person or party, or who shall do any such act on account of any person having voted or refrained from voting for any particular person at any election. 2. Every person who shall directly or indirectly, personally or through another, make any such gift, loan, offer, promise, procurement, or agreement as aforesaid, to any person, except to such assistants as are permitted by law in order to induce such person to procure or endeavor to procure the election of any person to the legislature, or to procure the vote of any elector at any election. 3. Every person who shall advance or pay, or cause to be paid, any money to, or to the use of, any other person, with the intent that such money, or any part thereof, shall be expended in bribery at any election, or for any purpose connected with or incidental to any election other than the objects and purposes for which money is by law or the said rules and regulations allowed to be expended, excepting only reasonable expenses for conveying voters to the polling places on election days; or who shall knowingly pay or cause to be paid any money to any person in the discharge or repayment of any money wholly or partly expended in bribery at any election, or for any purpose connected with or incidental to any election, other than the objects and purposes for which money is by law or the said rules and regulations allowed to be expended. 4. Every elector who shall, before, during, or after any election, directly or indirectly, personally or through another, receive, agree, or contract for any money, gift, loan, or valuable consideration, office, place, or employment, for himself or any other person, for voting or for refraining to vote or agreeing to refrain from voting, or for voting or refraining to vote for any particular person or party. 5. Every person who shall at any election, personally or through another, or by any ways or means on his behalf, directly or indirectly, give or provide, or cause to be given or provided, or shall be accessory to the giving or providing, or shall pay wholly or in part any expenses incurred for any meat, drink, entertainment, or provision to or for any person in order to be elected, or for being elected, or for procuring the election of any candidate, or for the purpose of influencing such person or any other person to vote or refrain from voting; or for voting or refraining from voting for any particular person or party, at such election, or on account of such person having voted or refrained from voting, or voted or refrained from voting for any particular person or party. 6. Every person who shall directly or indirectly, personally or through another, make use of, or threaten to make use of, any force, violence, or restraint; or inflict or threaten to inflict any injury, damage, or loss in any manner, or in any way practice intimidation upon or against any person in order to induce or compel such person to vote or refrain from voting, or to vote or refrain from voting for any particular person or party, at any election, or on account of such person having voted or refrained from voting, or voted or refrained from voting for any particular person or party; or who shall by abduction, distress, or any device or contrivance, impede, prevent, or otherwise interfere with the free exercise of the elective franchise. 7. Every person who, at any election, votes or attempts to vote in the name of any other person, living or dead, or in some fictitious name, or who, having once voted, votes or attempts to vote again, or knowingly gives or attempts to give more than one ballot for the same office at one time of voting. 8. Every person who, before or during an election, knowingly publishes a false statement of the withdrawal of any candidate at such election. 9. Every person who induces or procures any person to withdraw from being a candidate at an election in consideration of any payment or gift, or valuable consideration; or of any threat; and every candidate who withdraws from being a candidate in pursuance of such inducement or procurement. 10. Every public officer by law or by said rules and regulations required to do or perform any act or thing with reference to any of the provisions in any law concerning elections or in said rules and regulations contained, who shall willfully fail, neglect, or refuse to do or perform the same, or who shall willfully perform it in such a way as to hinder the objects thereof, or who shall be guilty of any willful violation of any of the provisions thereof. PUNISHMENT FOR ELECTION FRAUDS. § 1492. Every person found guilty of an election fraud shall be punished by a fine of not less than one hundred dollars or exceeding one thousand dollars, or by imprisonment at hard labor for any term not less than ten days or exceeding two years, or by both such fine and imprisonment at the discretion of the court. Besides such punishment, such person shall be disqualified from voting and from holding any office under the Government, and from being elected to or occupying a seat in the legislature, for six years from the date of such conviction. If the person so convicted shall hold any office, either elective or appointive, at the time of such conviction, such office shall at once and without mention in such sentence or other proceedings be vacated by such conviction. The judge or magistrate before whom such conviction is had shall immediately transmit to the governor the name of such person, the offense of which he has been convicted, and the sentence of the court. MISDEMEANORS. § 1493. The following persons shall be guilty of a misdemeanor: 1. Every person, except such assistants as are by law or by said rules and regulations specifically authorized to be employed, who shall, for the purpose of promoting or preventing the election of any candidate at any election, be engaged or employed for payment or promise of payment, or for any valuable consideration, to act as agent, clerk, or messenger, or in any other capacity. 2. Every person funishing, hiring, or using any premises or portion thereof licensed to sell beer, wines, or spirits, as a committee room for the purpose of promoting the election of any candidate at any election. 3. Every person who shall be disorderly or create a disturbance whereby any meeting of the board of registration of voters or of the inspectors of election during an election shall be disturbed or interfered with; or whereby any person who intends to be lawfully present at any such meeting or election is prevented from attending; or who shall cause any disturbance at any election; and every person assisting or aiding or abetting any such disturbance. 4. Any candidate who fails or neglects to furnish the list of agents prescribed in said rules and regulations. 5. Every person who shall, either in person or through another, in any manner break up or prevent, or endeavor to break up or prevent, the holding of any meeting of the board of registration of voters, or in any manner break up or prevent, or endeavor to break up or prevent, the holding of any election. 6. Every person who, being a candidate for election, or an agent of any such candidate, or a member of any committee acting for or on behalf of any such candidate, shall fail to file the statement of expenses or of lack of expenses, as required in said rules and regulations. 7. Every person who shall willfully violate or fail to obey any of the provisions of law or of said rules and regulations, punishment for which is not otherwise herein specifically provided for. 8. Any person who shall willfully tear down or destroy or deface any election proclamation or any poster or notice, or list of voters, or card of instructions, or specimen ballot, issued or posted by authority of law. PUNISHMENT FOR MISDEMEANORS. § 1494. Any person convicted of a misdemeanor under the provisions hereof shall be punished by a fine of not more than five hundred dollars, or by imprisonment at hard labor for not more than six months, or by both such fine and imprisonment, in the discretion of the court. JURISDICTION. § 1495. Jurisdiction is hereby conferred upon district magistrates and circuit judges to issue warrants and hear and determine all offenses arising hereunder, subject to the usual right of appeal. Any person in any way violating any of the provisions hereof may also be prosecuted for the violation of any other then existing law, rule, or regulation. NOTE TO CHAPTER 86. SS 1490-1495 are L. R., act 8, §§ 1-6. CHAPTER 87. TAXES. § 1496. Any person who shall knowingly and willfully make and deliver any false return or valuation of property, or make any false answer in relation to his property or property in his possession or control, for the purpose of evading the assessment thereof, or by any falsehood, willful neglect, fraud, act, or contrivance whatsoever used or practiced, evade or attempt to evade assessment of his property or of property concerning which such person is required to make a statement, list, or return for assessment, shall be deemed guilty of a misdemeanor. § 1497. All persons willfully aiding, abetting, or assisting in any manner whatsoever any person to commit any of the foregoing acts or misdemeanors shall likewise be deemed guilty of a misdemeanor. § 1498. All assessors and deputy assessors and all police officers and constables, on whom duties are imposed under the provisions of chapter 50 of the Civil Laws, who shall willfully fail or refuse or neglect to faithfully perform any duty or duties of him required by the provisions of said chapter shall be deemed guilty of a misdemeanor. § 1499. Any person convicted of any misdemeanor under the provisions of this chapter shall be punished by fine of not more than five hundred dollars. § 1500. The several district magistrates in the Territory shall have jurisdiction to try and determine misdemeanors arising under this chapter. NOTE TO CHAPTER 87. $ 1496-1500 are S. L. 1896, act 51, §§ 88-92. CHAPTER 88. p. 117. DEADLY POISONS. § 1501. No person shall sell or deliver any deadly poison, or any wooden vessel or container which shall have contained any deadly poison, except for scientific, medicinal, or mechanical purposes, nor to any person not known to the vendor to be careful and well disposed: Provided, That sales may be made to a person not known to the vendor if some responsible person known to the vendor will certify in writing that the person desiring to purchase may safely be entrusted with the same; but in all cases the vendor shall require the purchaser to disclose the intended use of such poison, vessel, or container, as the case may be. § 1502. Every person who shall sell or deliver any deadly poison shall keep a book in which shall be recorded the name and quantity of the poison sold or delivered, the person to whom it was sold or delivered, and whether such person was known to the vendor, and if not, the name of the responsible person upon whose recommendation the same was sold; and the certificate of such person shall be preserved. The said book of records shall at all times be open to the inspection of the governor or his agent. 1503. The book required to be kept by section 1502 shall contain a record of the sale of any vessel or container which shall have contained a deadly poison, in like manner as is required with respect to the sale or delivery of the poison itself. |