used exclusively for medical purposes. And the said board may also furnish it to the captain or surgeon of any vessel bound to a foreign port for use on board of such vessel. § 1635. Any person who shall have in his possession opium, or any preparation thereof, which he shall not have received from the board of health, or from a duly licensed physician or surgeon, as prescribed in section 1634, shall forfeit such opium or preparation thereof to the government, and the same shall be seized and delivered to the board of health; and such person shall be liable to a penalty of not less than fifty nor more than two hundred and fifty dollars, or to be imprisoned at hard labor for a term of not less than one month nor more than six months, or both, in the discretion of the magistrate, one-half of which pecuniary penalty shall be paid to the party giving the information which shall lead to the conviction of the offender. § 1636. Any physician or surgeon who shall sell, prescribe, or furnish opium, or any preparation thereof, to any person in the habit of smoking or otherwise using the same, or to any other person, except as a remedy in case of sickness, shall forfeit to the Government all opium, or preparations thereof, which may be in his possession; and it shall be seized and delivered to the board of health, and he shall be fined in the sum of not less than twenty-five nor more than one hundred dollars; and if he shall violate this chapter more than once he shall not again be furnished with opium by the board of health. § 1637. All confiscated opium or preparations thereof which shall have come into the possession of the board of health shall be securely kept until such time as the same shall be disposed of as hereinafter provided, except that where the quantity of opium seized shall be less than one one-half pound tin the same shall be destroyed. § 1638. The board of health shall, as soon as practicable, sell all confiscated opium, or preparations thereof, which shall have come into its possession, and at such price as it may deem fit; such sale may be either public or private, in the discretion of the board, provided that all opium so sold shall be exported from this country. The proceeds derived from the sale of confiscated opium shall be the property of the government of Hawaii; provided, however, that the board of health may, in its discretion, destroy any or all opium which may have come into its possession under the provisions of this chapter. In lieu of one-half of the gross proceeds of the sale of confiscated opium heretofore paid the informer, said informer shall be paid the sum of one dollar per pound of actual opium or preparation thereof seized and confiscated; said sum to be paid from any fund that may be available for said purpose, and shall be payable upon the confiscation of said opium to the Government. § 1639. The several district magistrates are hereby invested with authority to try and determine all cases arising under this law. § 1640. Nothing in this chapter shall be construed to exempt any person or vessel from the pains and penalties prescribed by the laws of the Hawaiian Islands against smuggling. NOTE TO CHAPTER 97. §§ 1633-1640 are P. G., act 12, amended as follows: § 1633 and § 1638 by P. G., act 77. Cases in Hawaiian reports: King v. Apuna, 3 Haw., 154; King v. Auwai, 3 Haw., 687; King v. Ah Fong alias Ah Fawn, 4 Haw., 619; King Ah Sing, 5 Haw., 553; Re Brito, 7 Haw., 42; Re v. Young Tang, 7 Haw., 49: Rex. v. Young Hong, 7 Haw., 359; Rex v. Lau Kiu, 7 Haw., 489; The Consuelo, 7 Haw., 704; Rex v. Ah Hoy, 7 Haw., 749; Rex v. Wall, 7 Haw., 760; Govt. v. Gertz, 9 Haw., 288; Rex v. Lee Yick, 10 Haw., 135; The Henrietta, 10 Haw., 241; R. v. Anderson, 10 Haw., 252. CHAPTER 98. COURTS-MARTIAL. § 1641. The following officers may appoint courts-martial: The commander in chief, general courts-martial; the regimental commander, regimental courts; and every officer commanding a garrison or other place where troops are quartered shall be competent to appoint for such garrison or place garrison courts-martial. § 1642. Officers who may appoint a court-martial shall be competent to appoint a judge-advocate for the same. § 1643. Courts-martial and the judge advocate thereof shall have the same power to summon and examine witnesses as district courts. § 1644. General courts-martial may consist of any number of officers from three to five, inclusive. § 1645. Regimental and garrison courts may consist of any number of officers from one to three, inclusive. § 1646. General courts martial shall have concurrent jurisdiction over all offenses which may be tried before a regimental or garrison courtmartial, and exclusive jurisdiction over the following offenses: Conduct unbecoming an officer and a gentleman. Enlisting in another company without proper discharge. Inciting or joining in a mutiny or sedition, or failure to report same to commanding officer. Desertion. Cowardice. while on active duty. Misbehavior in presence of the enemy. All felonies committed in the time of war by persons belonging to or serving with the national guard or sharpshooters. Absenting oneself without leave. Sleeping on post when a sentinel, or leaving post before being relieved. Giving information to any person concerning the equipment of the national guard or sharpshooters, or the amount, kind, location of arms, ammunition, or military stores the property of the government. Selling or appropriating or parting with any arms, ammunition, or government property. Knowingly receiving or purchasing arms, ammunition, or government property from one not having lawful authority to sell or dispose of same. Forcing safeguard in time of war. Relieving with money, victuals, or ammunition, or harboring, protecting, corresponding with, or giving intelligence to the enemy, directly or indirectly. Making false muster or return. Violating any regulations promulgated by the commander in chief for the government of the national guard and sharpshooters. § 1647. The following offenses shall be within the jurisdiction of regimental and garrison courts-martial: Occasioning false alarms. Hiring duty, conniving at, or allow same. Drunkenness while on duty or while on active service. Failure to report for duty, drill, or parade. Breaking furlough or leave. Disorderly conduct on active service. Want of personal neatness. Reproachful or provoking speeches and gestures. Making known watchword to one not entitled to receive it. Committing waste or spoil (unless by order of officer commanding in field). § 1648. All officers and enlisted men in the service of the Territory of Hawaii shall at all times be subject to trial by court-martial. And all crimes not capital, and all disorders and neglects to the prejudice of good order and military discipline, though not mentioned in sections 1646 and 1647 of this act, are to be taken cognizance of by a general, regimental, or garrison court-martial, according to the nature and degree of the offense, and punished at the discretion of such court. § 1649. Officers shall be tried only by general courts-martial; and no officer shall, when it can be avoided, be tried by officers inferior to him in rank. § 1650. All members of courts-martial, before proceeding with any trial, shall take an oath to administer justice without partiality, favor, or affection, according to the laws of the Territory of Hawaii. § 1651. In the conduct of all trials, courts-martial shall follow military usage and precedents heretofore established and as set forth in the statutes and regulations governing the Army of the United States. § 1652. All persons who, in time of war, rebellion, or insurrection against the supreme authority of the Territory of Hawaii, shall be found lurking or acting as spies in or about any of the fortifications, posts, quarters, or encampments of any of the military forces of the Territory of Hawaii, or elsewhere, shall be triable by a general courtmartial or by a military commission, and shall, upon conviction thereof, suffer death or such other penalty as may be imposed by such courtsmartial or military commission. § 1653. All persons sentenced to imprisonment by courts-martial or military commission may be confined in such place as the sentence of the court may direct. § 1654. No sentence of death, imprisonment, or dismissal of officers from the service shall be valid unless approved by the commander in chief. § 1655. All infractions against military discipline shall be punished as courts-martial may direct. § 1656. General courts martial in time of peace may impose the punishment of fine not exceeding fifty dollars and (or) dishonorable dismissal from National Guard, in the case of officers and enlisted men not on active service, when found guilty of any offense named in sections 1641-1658, or of any violation of any regulation promulgated by the commander in chief. And in case of officers and enlisted men on active service such courts may punish by fine not exceeding one hundred dollars and imprisonment until such fine is paid, and (or) by imprisonment not exceeding twelve months, and (or) by dishonorable dismissal from the service. § 1657. In time of war general courts-martial of military commissions may impose the penalty of death, and may impose all penalties authorized by law for offenses which may be tried by such courts-martial or military commission, and may impose a fine not exceeding five hundred dollars and (or) imprisonment at hard labor not exceeding five years in all cases not otherwise provided for. § 1658. Regimental or garrison courts-martial in time of peace may impose punishment by fine not exceeding ten dollars and (or) dishonorable dismissal from the National Guard in case of enlisted men not on active service, and in case of enlisted men on active service by fine not exceeding forty dollars and (or) by imprisonment not exceeding one month, and in time of war by fine not exceeding one hundred dollars and (or) imprisonment not exceeding three months and (or) by dishonorable dismissal from the National Guard. § 1659. It shall be the duty of the chief sheriff or his deputy, whenever so required by the order of the commander in chief of the military forces or by the precept or mandate of the governor, and upon and in conformity therewith to execute and carry out the sentence of any military commission or court-martial convened, or to be convened, in the manner and at the time and place designated in the order approving the findings and proceedings of and confirming or modifying the sentence imposed by such military commission or court-martial. § 1660. Any jail or prison of the Territory or other place designated by the governor or commander in chief may be used as a place of imprisonment or detention of any person convicted and sentenced to imprisonment by any such commission or court-martial. NOTE TO CHAPTER 98. §§ 1641-1647, 1649-1658 are S. L. 1895, act 20, §§ 22-39. 1648 is S. L. 1898, act 30, § 3. §§ 1659-1660 are L. R., act 18. [CHAPTER 99.] [§§ 1661.] CHAPTER 100, REGISTRATION OF COPARTNERSHIPS. § 1662. Whenever any two or more persons shall carry on business in this Territory in copartnership, it shall be incumbent for such persons to file in the office of the treasurer a statement of 1. The names and residences of each of the members of such copartnership. 2. The nature of the business of such copartnership. 3. The firm name of copartnership, and 4. The place or places of business of the copartnership. § 1663. All persons who, at the time of the commencement of this chapter, shall be carrying on business in copartnership, shall, within two months of the time of the commencement of this chapter, cause such statement as aforesaid to be filed in the office of the treasurer. § 1664. Whenever any change shall take place in the constitution of any such firm by the death or withdrawal of any member thereof, or by the addition of any member thereto, or by the dissolution thereof, a statement of such change or dissolution shall also be filed in the said office of the treasurer within one month from such change, death, or dissolution as the case may be. § 1665. All such statements as are required to be made by the preceding sections shall also be published by the members of each copartnership at least twice in the Hawaiian and English languages, in two newspapers published in Honolulu. § 1666. The treasurer shall cause a book to be kept in his office, in which shall be recorded the several particulars hereinbefore required to be filed in his office, and which book shall be open. for public inspection on payment of a fee of twenty-five cents for each inspection. § 1667. There shall be paid to the treasurer a fee of fifty cents for cach name so recorded as aforesaid. § 1668. The members of every copartnership who shall neglect or fail to comply with the provisions of this law shall severally and individually be liable for all the debts and liabilities of such copartnership, and may be severally sued therefor without the necessity of joining the other members of the copartnership in any action or suit, and shall also severally be liable upon conviction to a penalty not exceeding five dollars for each and every day while such default shall continue, which penalties may be recovered in any district court. § 1669. Nothing in this chapter contained shall be deemed or construed to apply to corporations or incorporated companies. § 1670. All fees received by virtue of this chapter shall be accounted for as part of the revenue of the government of Hawaii. NOTE TO CHAPTER 100. §§ 1662–1670 are S. L. 1880, ch. 28; C. L., p. 648. CHAPTER 101. QUARANTINE OF ANIMALS. WHEREAS, with the importing of live stock from foreign countries, several diseases hitherto unknown in the Hawaiian Islands have been introduced in this country which have spread abroad, whereby much valuable stock has been destroyed and large loss entailed on the owners thereof, and no specific regulations exist or laws provide for the protection therefrom: Therefore, Be it enacted, etc.: § 1671. The governor is hereby authorized and directed to establish on each of the islands of the Territory having ports of entry a quarantine station or stations for animals. § 1672. The governor is hereby authorized to appoint three competent persons for each port of entry of the Territory, who shall be designated "boards of inspectors of animals," and from time to time, when such offices for any reason shall become vacant, to reappoint competent persons to fill the same. One of the three appointed on each board shall be designated as the executive inspector. Such officers, for the purposes of this chapter, shall possess all the powers, rights, privileges, and immunities of officers acting under the board of health, and it shall be their duty to cause the various quarantine stations to be kept clean and properly fitted for use. § 1673. The master of any vessel on which there shall have been shipped live animals for any port in this Territory shall immediately upon arrival cause the inspecting officers to be notified, and shall not permit the animals to be taken from the wharf or landing, nor of any portion of the food or water, nor of any effects connected therewith or provided for their use during the voyage, to be removed from the wharf or landing until the inspecting officer shall have inspected and passed the same. § 1674. All live animals except such birds and small animals as shall be especially exempted by the inspecting officer, shall be subject, on arrival in this Territory from any foreign port or country, to be quaran |