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Deed not otherwise charged.

Duplicate or counterpart of any deed or instrument of any description whatever, chargeable with stamp duty not otherwise charged

Exchange deed, whereby any lands or other hereditaments are conveyed in exchange for others; if no sum, or a sum not exceeding $500, is paid, or to be paid, for equality of exchange

If above $500, ad valorem, duty as on sale on money to be paid.
Lease in consideration of money paid by way of premium, ad valorem duty
the same as on conveyance upon the amount paid, and where a yearly rent
in money or product is reserved in addition to the premium, or no premium
is paid, where such rent shall not exceed $500 per annum..

If above $500 per annum, then for every $500 or fractional part thereof.
If the rental consideration be based upon a share or percentage of crop,
then the expected yield and ruling market price must be shown to obtain
the annual money value consideration, as above provided.
Letters of license from creditors to a debtor...

Letters testamentary, or of administration, or of guardianship

Licenses issued from the office of the treasurer or other government department, as follows:

$1.00

1.00

1.00

1.00

1.00

10.00

1.00

On licenses of a $20 fee or under..
On licenses over $20 to $50.

On licenses over $50 to $100

On licenses over $100, for every additional $50 or fractional part thereof. Mortgage, or charge on, or affecting any lands or property real or personal, whatsoever:

Also any conveyance of lands, estate, or property whatsoever in trust, to be sold or converted into money, which shall be intended only as a security, and shall be redeemable before the sale or disposal thereof, either by express stipulation or otherwise (except where for benefit of creditors generally).

Where, respectively, as security for payment of any definite and certain sum of money advanced or lent at the time, or previously due and owing, or forborne to be paid, being payable, not exceeding $1,000.............. And for every additional $1,000 or fractional part thereof not exceeding $10,000..

And for every additional $1,000 when the amount secured is over $10,000. Future advances, or sums to be due on account current, together with any sum already advanced or due, or without, as the case may be:

If total amount of money secured or to be ultimately recoverable thereupon shall be limited, not to exceed a certain sum, duty as on mortgage for that sum.

If such total amount uncertain and without any limit, same shall be available as a security or charge for such an amount only as the ad valorem duty denoted by the stamp or stamps thereon will extend to cover. Partition-Any deed whereby any lands or other hereditaments shall be conveyed in order to effect a partition. If a sum exceeding $1,000 is paid or agreed to be paid for equality of partition, ad valorem duty as on sale. If less than $1,000..

Patents-Royal, for land

For inventions...

.50 1.00

2.00

1.00

1.00

2.00

3.00

Exempt.

Policy of marine insurance, or other instruments whereby any ship, vessel or merchandise is insured against marine risks. If the voyage insured against is to or from Europe, China, Japan, or the eastern coast of the continent of America, or any East or West Indian ports, for every $1,000 or part thereof assured

If the voyage insured against is to or from Australia, New Zealand, the
Fijian or Samoan islands, the western coast of the continent of America
to the southward of the State of California, for every $1,000 or part
thereof assured

If the voyage insured against is to and from California, Oregon, British
Columbia, Washington, Tahiti, or any other of the Polynesian or
Micronesian islands, and other places where insurance is of the like
rates, for every $1,000 or part thereof assured.
Power of attorney

Original petitions-To courts of record, summonses to parties, attachments,
and executions issued by courts of record

Release, assignment, reconveyance, or other discharge of mortgage Renunciation or disclaimer of any lands or other property, real or personal, or of any right or interest therein..

Settlement of real or personal property, money, or government bonds, upon the marriage of any person or otherwise, or upon good or valuable consideration other than bona fide pecuniary consideration

1.00

10.00

1.00

.50

.25

1.00

2.00

1.00

2.00

5.00

NOTE TO CHAPTER 64.

§§ 918-939 are S. L. 1876, ch. 55, C. L., p. 602, except § 926, which is S. L. 1892, ch. 103. § 940 is S. L. 1890, ch. 73. § 941 is S. L. 1892, ch. 103. Cases in Hawaiian Reports: Hilo v. Nioshi, 8 Haw., 211; Minister v. Castle, 8 281. Haw., 105; Re Stamp Duty, 10 Haw., 514; Re Tramways Co., 9 Haw.,

[CHAPTER 65.]

[§§ 942-960.]

[CHAPTER 66.]

[§§ 961–968.]

[CHAPTER 67.]
[§§ 969-973.]

[CHAPTER 68.]
[§§ 974-987.]

[CHAPTER 69.]

[§§ 988-1009.]

CHAPTER 70.

TARIFF OF CHARGES FOR THE TREASURY.

§1010. For the receipt, care, and disbursement of all residuary moneys belonging to the estate of any intestate, a commission of ten per cent.

For the receipt, care, and storage of any residuary property other than money, five per cent ad valorem per annum, besides all actual expenses.

For administering any oath, one dollar.

For every copy of any document, fifty cents per hundred words.

For all other acts and duties the fees of which are not otherwise provided for, such charges as the treasurer may from time to time prescribe.

CUSTOM-HOUSE CHARGES.

§ 1011. For visit of health officer, when required, five dollars; when necessarily detained on board, ten dollars per day.

and

For entrance pilotage at the ports of Honolulu, Hilo, and Hanalei, one dollar per foot upon the vessel's draught.

For departure pilotage from any of said ports, one dollar per foot upon the vessel's draught.

For anchoring any vessel off the port of Honolulu, ten dollars; and if the pilot be detained longer than twenty-four hours, five dollars per day for such detention.

For the benefit of buoys, two dollars.

For lights at Lahaina, two dollars.

For boarding officers, at those ports where no pilotage is charged,

five dollars.

For every hulk moored in the harbor of Honolulu, one hundred dollars per annum.

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For recording every bill of sale, mortgage, or hypothecation of a ves sel, or part thereof, fifty cents per hundred words.

For every copy of the same, fifty cents per hundred words.

The charges for all other acts and duties not herein prescribed, and also the rates of storage, shall be such as may from time to time be prescribed by the treasurer.

HARBOR MASTER'S CHARGES.

§ 1012. For boarding and mooring vessels, the fees prescribed in section 1185 of the penal laws.

NOTE TO CHAPTER 70.

§§ 1010-1012 are C. L., §§ 690-692.

TITLE VI.

DEPARTMENT OF ATTORNEY-GENERAL.

CHAPTER 71.

THE ATTORNEY-GENERAL.

§ 1013. The attorney-general shall appear for the government, per. sonally or by deputy, in all the courts of record of this Territory, in all cases, criminal or civil, in which the government may be party or be interested, and he shall in like manner appear in the district courts when requested so to do by the chief sheriff of the Territory or the sheriff of any one of the islands.

§ 1014. He shall also be vigilant and active in detecting offenders against the laws of the Territory, and shall prosecute the same with diligence. It shall also be his duty to enforce all bonds and other obligations in favor of government that may be placed in his hands for that purpose by any person having the lawful custody of such papers; and he shall likewise be diligent in prosecuting all persons who may obstruct any street, channel, harbor, wharf, or other highway, or any stream or public water course, or commit any trespass or waste on any portion of the public domain or other public property.

§ 1015. The said attorney-general shall, without charge, at all times. when called upon, give advice and counsel to the governor, the chief sheriff, sheriffs, justices, and other public officers in all matters con nected with their public duties, and otherwise aid and assist them in every way requisite to enable them to perform their duties faithfully.

§ 1016. It shall also be the duty of the said attorney-general to give counsel and aid to poor and oppressed citizens of the Territory, and to ssist them in obtaining their just rights without charge: Provided, however, That he shall not be obliged to render such aid, counsel, and assistance unless requested so to do by the governor.

§ 1017. Said attorney-general shall not receive any fee or reward from or in behalf of any person or prosecutor for services rendered in any prosecution or business to which it shall be his official duty to attend, nor be concerned as counsel or attorney for either party in any civil action depending upon the same state of facts.

§ 1018. He shall account with the treasurer every three months for all fees, bills of costs, fines, penalties, and other moneys received by him by virtue of his office.

§ 1019. Said attorney-general shall, when required, give his opinions upon questions of law submitted to him by the governor, the legislative assembly, or the head of any department.

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

§ 1021. The attorney-general may from time to time appoint a deputy for any judicial district whensoever the exigencies of the public service

136

may require it, and shall be responsible for all the acts of such deputy or deputies.

§ 1022. All the duties imposed by existing laws on district attorneys formerly are hereby required to be performed by the attorney-general.

NOTE TO CHAPTER 71.

§§ 1013-1022 are S. L., 1866, C. L., p. 315.

Cases in Hawaiian Reports: R. v. Robertson, 6 Haw., 727; Re Cabinet, 8 Haw., 573.

CHAPTER 72.

POLICE.

§ 1023. The attorney-general shall have the care, supervision, and control of the entire internal police of the Territory, subject to the provisions of this chapter.

§ 1024. There shall be a chief sheriff of the Territory, hereinafter named the chief sheriff. He shall be the chief of police for the Territory, and shall be responsible to the attorney-general. He shall have the supervision and control of the sheriffs and subordinate officers of the internal police.

§ 1025. Any person who shall be hereafter nominated and commissioned to the office of chief sheriff shall, before entering upon the duties of such office, execute and deliver to the attorney-general 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 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 occasion may require, exact additional bonds or increased security from the chief 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.

§ 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, the care, supervision, and control of the police within their respective jurisdictions, subject, however, to the superior control of the chief sheriff and the attorney-general.

§ 1027. The respective sheriffs shall be appointed by the chief 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 chief sherift, with the approval of the attorney general.

§ 1028. The respective sheriffs shall give bonds, with sufficient sureties, to the attorney-general in a penal sum of not less than three thou sand 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 chief sheriff in section 1025, provided that not more than

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