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towns herein within such limits as may be from time to time fixed by the Minister of the Interior.

POSTERS.

$364. Any person who shall affix or attach any show bill, hand bill, poster, advertisement or other notice to any building, fence, bridge, tree, rock, pole or other structure or object, without first obtaining the consent of the person or persons entitled to the possession of such building, fence, bridge, tree, rock, pole or other structure or object, shall be guilty of a misdemeanor, and upon conviction thereof before any District Magistrate shall be fined not more than twenty dollars for each offense.

ARTESIAN WELLS.

$365. Every flowing artesian well now on the Island of Oahu that may hereafter be made on said island, shall be capped by the owner or owners thereof in such a manner as to give complete control over the flow of water from the pipe of such well.

$366. No person having the right to the use of water from any such artesian well, shall allow the same to run to waste, but may use it for irrigation, domestic and other useful purposes, except for driving machinery, provided, however, that such water may be used for driving machinery in case it be utilized afterwards for irrigation or other useful purposes.

$367. Any person violating the provisions of Sections 365 and 366 shall, upon conviction thereof before any District Magistrate of the Island of Oahu, be fined not more than fifty dollars.

$368. For the more effectual carrying out of this Act, the Marshal and Deputy Marshal of the Republic, and all police

men of the Island of Oahu, may at all times of night or day, enter without warrant any premises whereon artesian water is used.

FEMALE BOARDING SCHOOLS.

$369. Any person or persons intruding without proper authority upon the premises of any female boarding school, may be arrested by any constable, without any warrant, and on the complaint of the principal or other person in charge of such school, or of any trustee of the same, upon conviction thereof before any District Magistrate, may be punished by fine not to exceed two hundred dollars, or by imprisonment at hard labor not to exceed six months, or both, at the discretion of the Magistrate. Nothing herein shall be construed to preclude the punishment of the offender for any other offense committed on such premises, nor of the right of action for civil damages.

NOTE TO CHAPTER 36.

§§324-335 are P. C. Ch. 36 §§1-12. §§336-363 are S. L. 1886, Ch. 65. $364 is S. L. 1884, Ch. 47. §§365-368 are S. L. 1884, Ch. 49. $369 is S. L. 1882, Ch. 37, C. L. p. 687.

Cases in Hawaiian Reports: King v. Cornwell, 3 Haw. 154; King v. Nawahine, 3 Haw. 371; King v. Kekaula, 3 Haw. 378; King v. Grieve, 6 Haw. 740; P. G. v. Wery, 9 Haw. 228.

mended

S.h. 1903

Act 8

Amended

S.L. 1903

Act 41

CHAPTER 37.

VAGRANTS DISORDERLY PERSONS.

$370. Any common prostitute, or any person who is lewd, wanton or lascivious in speech or behavior, or any person who has no visible lawful means or insufficient lawful means of support, or who wanders abroad or places himself in any public place to beg alms, or causes any child so to do; or who solicits. or collects alms or contributions under any false pretense; or who practices hoopiopio, hoounauna, hoomanamana, anaana or pretends to have the power of praying persons to death; or who pretends to tell fortunes for money or other reward; or who has in his possession without lawful excuse (the proof of which excuse shall be upon such person) any false or skeleton key or any implement of house-breaking; or who is found by night dressed or disguised with a felonious intent; or who is found by night without lawful excuse (the proof of which excuse shall be upon such person), in or upon any dwelling-house or other buildings or any enclosed yard, or on board any vessel, or who is a dangerous or disorderly person by reason of his being a rioter, disturber of the peace, going offensively armed, uttering menaces or threatening speeches, or otherwise shall be punished by imprisonment at hard labor not more than six months.

$371. Any idle or disorderly person or vagrant who shall create disturbance of the peace or shall incite others to create disturbance of the peace, or riot, or shall instigate others to gamble or drunkenness, is guilty of a misdemeanor, and may upon the complaint of the Attorney-General or his deputy, be arrested and brought before one of the Justices of the Supreme

Court, and there summarily examined. If upon such examination the Justice shall find that the person so brought before him is guilty of such misdemeanor, such person shall be punished by expulsion from the Republic.

$372. Any person against whom sentence of expulsion has been rendered who shall remain in or return to the Republic, unless such person shall have been by the President pardoned, shall be imprisoned with hard labor not exceeding five years.

NOTE TO CHAPTER 37.

§370 is S. L. 1896, Act 36 §§371-372 are S. L. 1890, Ch. 63. §§1-2. (§3 repealed S. L. 1892, Ch. 94.)

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CHAPTER 38.

RIOTS AND UNLAWFUL ASSEMBLIES.

$373. Where three or more persons are, of their own authority, assembled together with disturbance, tumult and violence, and striking terror or tending to strike terror into others, such meeting is an unlawful assembly, within the meaning of the provisions of this chapter.

$374. A riot is where three or more being in unlawful assembly join in doing or actually beginning to do an act, with tumult and violence, and striking terror, or tending to strike terror into others.

$375. Menacing language, or gestures, or show of weapons or other signs or demonstrations tending to excite terror in others, are sufficient violence to characterize an unlawful assembly or riot.

$376.

Concurrence in an intent of tumult and violence, and in any violent tumultuous act, tending to strike terror into others, is a sufficient joining in intent to constitute a riot, though the parties concerned did not previously concur in intending the act. For example, where persons present at a public performance concur in the intent to disturb the same by tumult and violence, tending to strike terror; or concur in one or more acts of tumult or violence tending to strike terror, done by any of the assembly.

$377. It is not requisite in order to constitute an unlawful assembly or riot, that persons should have come together with a

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