§ 457. The superintendent of public works shall appoint suitable persons to have charge of said pounds, and such pound master shall be governed by such rules as the law may prescribe. The superintendent of public works may at any time remove any such pound master for failure or neglect to properly perform the duties of his office, publishing the reasons for such removal, if requested to do so by the person so removed. Upon the petition of twenty-five or more taxpayers of any district, making charges against any pound master, and asking for his removal, the said superintendent shall cause such charges to be investigated; and if, upon investigation, it shall appear that such pound master shall have failed or neglected to properly perform the duties of a pound master, the superintendent of public works shall remove him. All vacancies shall be filled by appointment by the superintendent of public works.

§ 458. The pound master shall be responsible for the safe-keeping and proper care of any estray committed to his charge, and shall receive for his services fifty cents per day for every day that such estray is impounded, from the owner of such estray, excepting for sheep and goats, for which he shall receive five cents per day. He shall give the estrays a sufficient quantity of food and water; and any pound master who shall abuse or neglect any estray in his charge shall forfeit the pound fees to which he would otherwise have been entitled, and shall also be liable to the owner thereof for damages.

§ 459. No pound master shall receive estrays until the person wishing to impound the same shall have signed his name to a statement setting forth the number and species of estrays, locality trespassed upon, name of owner or owners of such estrays, if known, together with the date on which they were taken and the amount of damages and expenses claimed. Blanks for such statements shall be printed and bound in book form and furnished to the pound masters at cost price by the superintendent of public works, and shall be open to the inspection of the public.

§ 460. Every pound master shall keep an accurate account of the business done at his pound, in a book open to public inspection, and he shall make quarterly returns, under oath, to the superintendent of public works, showing his receipts and disbursements.

§ 461. No pound master shall receive into his pound any animal seized for trespass in any other district, provided there is a pound established in such other district.

POUND SALES.

§ 462. It shall be the duty of every pound master to post written or printed notices at the post-office (if there be one in the district), and at not less than two other public places in his district, in the Hawaiian and English languages, and to publish a notice in any newspaper which may be issued in his district, in said languages, as soon as possible after the impounding of any estray, giving a full description of the same, together with an announcement of the day on which it will be sold at public auction if unclaimed; for which notices he shall receive one dollar and fifty cents, to be charged pro rata according to the number of animals advertised therein. And the pound master shall also, forthwith, upon the impounding of any animal, notify in writing every person who shall have left with him a copy of his brand or mark, of any estray bearing the said brand or mark which shall be committed to his pound, for each which notice he shall receive twenty-five cents;

and if the owner does not claim such estray and pay the pound fees, together with the charges for advertising and notifying and the damages claimed for trespass and expenses of driving, within twelve days. from the date of impounding, or at any time before sale, the pound master shall sell such estray at public auction to the highest bidder at noon of the first Saturday ensuing after the expiration of the twelfth day aforesaid.

$463. The proceeds of such sale, or a receipt therefor, given by the owner of such estray or estrays, after paying the pound fees, expenses of advertisement, damages, and expenses of driving, shall be remitted by the pound master to the superintendent of public works when he makes his returns for the quarter. In case the owner of the estray shall substantiate his claim thereto within one year, the superintendent of public works shall pay over to him the said balance of proceeds. If such claims be not substantiated, the said superintendent shall pay such proceeds into the treasury as a government realization.

§464. If any cattle, horse, mule, ass, swine, sheep, or goat shall trespass on any properly fenced cultivated ground, the owner thereof shall pay to the owner of such land the full amount of damage or loss occasioned by such estray to such landowner, and the sum of fifty cents for each animal trespassing, excepting for sheep and goats, for which he shall pay ten cents each: Provided, however, That if in any particular case this provision shall have an onerous or unjust bearing, owing to the large number of animals trespassing, the judge shall have power to diminish the forfeiture.

§ 465. If any of the animals mentioned in section 464 trespass upon an unfenced, cultivated ground, the owner thereof shall pay to the owner of such land the sum of twenty-five cents for each animal trespassing, excepting for sheep and goats, for which he shall pay ten cents each. The owner of such land shall not be entitled to claim any damages for such trespass other than said sum of twenty-five cents: Provided, however, That if in any particular case this provision shall have an onerous or unjust bearing, owing to the large number of animals trespassing, the judge shall have power to diminish the forfeiture.

§ 466. If any of the animals mentioned in section 464 shall trespass on any uncultivated land, the owner of such animal or animals shall pay to the owner of the land the sum of twenty-five cents for the trespass of each animal, excepting for sheep and goats, for which he shall pay ten cents each; and if any damage be done by the animal or animals, the owner thereof shall further pay to the land owner the full amount of such damage.

§467. If any animal mentioned in section 9 of this act shall trespass or stray upon any of the government roads in and around the city of Honolulu, town of Hilo and district, Hawaii, towns of Wailuku and Lahaina, Maui, or upon any government road bounded on both sides by a legal fence, or upon any government land in this Territory, the superintendent of public works or road authorities of the several districts, or such person or persons that may be thereunto authorized in writing by such superintendent or road authorities, are hereby authorized to take up such animal and to impound the same in accordance with the provisions of this chapter. The owner or owners of such animals so taken up or impounded shall pay to the said superintendent or road authorities, or such person as may be authorized by him or them as aforesaid, the sum of not more than twenty-five cents for each animal so trespassing as expenses incurred in taking up, driving, and impound

ing said animal, together with all pound fees as provided in this chapter. And in case the said charges and pound fees are not paid, the animals impounded shall be sold at public auction as provided by section 462.

§ 468. All owners of swine or goats shall keep such animals confined. In case swine or goats shall trespass upon any land, the owner, if known, shall be notified by the owner or occupier of the land trespassed upon, and if he shall not remove the swine or goats (as the case may be) within twenty-four hours, or if any swine or goats belonging to such owner shall again trespass upon the land of such landowner or occupier, such swine or goats (as the case may be), as well as all swine or goats trespassing, the owner of which is unknown, may be killed, and the landowner or occupier shall not be liable for damages for such killing.

§ 469. Every person on whose land any stallion of twelve months old or upwards shall be found trespassing may, without any notice, cause such stallion to be impounded, and the owner shall pay to the person upon whose land such trespass be committed ten dollars for every such trespass, to be collected by the pound keeper, as provided by this chapter.

§ 470. In all cases where animals are taken up for trespass the actual expenses incurred, or a fair allowance for the labor required in catching, driving, and conveying such animals to the pound and of giving notice to the owner of the same, shall be added to the forfeits and damages specified in the preceding sections. Provided, however, That the charge for such catching or driving and conveying to the pound shall not exceed fifty cents per head.

§ 471. Where any animal or animals are taken up for trespass, the owner, if known, shall be immediately notitied, if reasonably practicable, of such fact and of the amount of damage and trespass fees claimed, and if he shall refuse or fail to pay the legal charges, or in case the owner be unknown, then the animal or animals shall be impounded forthwith.

§ 472. Every fence shall be deemed a lawful fence which shall be made of stone, posts and rails, posts and boards, posts and iron wire, or other suitable materials, provided it be not less than four and a half feet in height, substantially built, strong, and close, to turn all stock excepting swine, and in good repair. The sea, rivers, ponds, and natural perpendicular bluffs, whenever impassable, shall be legal fences.

§ 473. If the owner of any animal or animals taken up for trespass has reason to believe that the taking up or impounding of the same was illegal, or if he regards the claim for damages or expenses as excessive, he may have his animals returned to him upon his delivering to the landowner or to the pound keeper, if the animal or animals have been impounded, a certificate from any district magistrate of the district stating that he has deposited with such magistrate the amount claimed by the landowner, together with the pound fees, if any, or a good and sufficient bond for the same and the costs of a suit before him. § 474. The said magistrate shall, upon receiving the amount claimed, including pound fees, if any, or a good and sufficient bond for such amount, and the costs of suit, issue the required certificate, and at the same time summon the parties to appear before him with their witnesses, and after a fair hearing he shall decide between them. No appeal shall be allowed from his decision unless taken and perfected within five days after such decision has been rendered, and in case an appeal is taken, he shall require from the appellant a bond in the sum of fifty

dollars conditioned for the payment of the costs further to accrue, or fifty dollars in lieu of such bond in case the judgment is confirmed, which bond, together with the amount claimed or the bond given in lieu of such amount, he shall send up to the appellate court, together with the certificate of appeal. If it shall appear on trial that the impounding was illegal, the landowner shall be compelled to pay the pound fees.

REGISTER OF BRANDS.

§ 475. Every owner of live stock shall, in order to its validity, have his brand or mark recorded in a book kept for the purpose by the superintendent of public works on the island of Oahu or the sheriff of the island on which his animals are, and shall receive a certificate to that effect on the payment of one dollar for the benefit of the public treasury. Provided, however, That no brand or mark shall be recorded which may be similar or approximate in design to any brand or mark which shall have been previously recorded, and no record shall be made of any mark which shall have been previously recorded, and no record shall be made of any mark which shall involve the cutting off of one or both ears of an animal. All records of brands and marks now in possession of the several governors shall be forthwith transferred to the superintendent of public works on the island of Oahu and to the several sheriffs on the other islands.

§ 476. From and after the first day of July, 1893, all registrations of brands made and in force prior to September 1, 1892, shall be, and the same are hereby, canceled and made void; and from and after such first day of July, 1893, any person may appropriate and register any brand whatsoever, whether the same has been registered prior to September 1, 1892, or not, provided such brand has not been registered between September 1, 1892, and July 1, 1893, in the same manner as though such brand had never been registered.

[§ 477.]

§ 478. From and after the first day of January, A. D. 1894, all registration of ear marks or other marks (except brands) shall be, and the same are hereby, canceled; and from and after the first day of January, A. D. 1894, no ear or other mark (except brands) shall be registered. § 479. If any horse, mule, ass, hog, sheep, or neat cattle shall be found at large, and not upon the land of the owner, or person having charge of such animal, or if found doing damage to the property of private individuals, or of the government, such animal shall be regarded as an estray within the meaning of this chapter.

§ 480. All cattle, horses, mules, donkeys, sheep, goats, and swine, over twelve months of age, not marked or branded according to law, and which may have been running wild and at large for six months or over upon any of the lands of this Territory, shall belong to and be the property of the owners or lessees of the lands on which the said animals may be found running.

NOTE TO CHAPTER 36.

§§ 456-461, 463-466 are S. L. 1888, ch. 35. S. L. 1896, Act 20. § 469 is S. L. 1882, ch. 22. S. L. 1888, ch. 35. 476 is S. L. 1892, ch. 55. § 480 is S. L. 1874, ch. 27; C. L., p. 543.

§§ 462, 467 are S. L. 1898, Act 64. § 468 is § 470 is S. L. 1890, ch. 44. § 471-475 are § 478 is P. G., Act 57. § 479 is C. L., § 250.

Penalties for violations of this chapter: See Penal Laws, §§ 1445-1446.

Cases in Hawaiian reports: Lishman r. Perry, 7 Haw., 267; Kanakanui r. Manini, 8 Ha., 710; Miyagawa v, Ferreira, 10 Haw., 23.

[CHAPTER 37.]

[§§ 481-495.]

[CHAPTER 38.]

[§§ 496–501.]

CHAPTER 39.

REGISTRATION OF PRINTS, LABELS, AND TRADE-MARKS.

§ 502. Any person or firm or corporation desiring to secure the exclusive use of any print, label, or trade-mark intended to be attached or applied to any goods or manufactured articles, or to bottles, boxes, or packages containing such goods or manufactured articles to indicate the name of the manufacturer, the contents of the packages, the quality of the goods, or directions for use, may obtain a certificate of the registration of such print, label, or trade-mark in the manner hereinafter provided.

§ 503. Before anyone shall receive a certificate of the registration of a print, label, or trade-mark, he shall file in the office of the treasurer an application for the registration of such print, label, or trade-mark, with a declaration verified by the oath of the applicant, or, if the application be made by a firm or corporation, by the oath of a member of such firm, or an officer of such corporation, that he is, or they are, the sole and original proprietor or proprietors, or the assign or assigns of such proprietor or proprietors, of the goods or manufactured articles for which such print, label, or trade-mark is to be used, and describing such goods and manufactured articles, and the manner in which such print, label, or trade-mark is to be used. Said application shall be accompanied by two exact copies of such print, label, or trade-mark.

§ 504. Upon filing such application, the applicant or applicants shall pay to the treasurer a fee of five dollars.

§ 505. Upon receiving such application so accompanied, and the payment of such fee, the treasurer shall cause the said print, label, or trade-mark to be recorded in a book to be kept for that purpose, and shall issue to the applicant or applicants a certificate of registration under the seal of the treasury; and such certificate of registration shall secure to the applicant or applicants the exclusive use of the said print, label, or trade-mark throughout the Hawaiian Islands for the term of twenty years from the date thereof.

NOTE TO CHAPTER 39.

§§ 502-505 are S. L. 1888, ch. 4.

CHAPTER 40.

HARBOR IMPROVEMENTS-WATERWORKS.

§ 506. It shall be the duty of the superintendent of public works to superintend all harbor improvements, the demarkation and improvement of channels, the erection of all public lights and beacons, and the construction and repair of all public wharves and piers throughout the Territory.

§ 507. The said superintendent of public works may, under the direction of the governor, improve the water lots in Honolulu, known as