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CHAPTER 69.

AID FOR SEAMEN'S HOSPITAL.

$1210. Every vessel arriving from a foreign port at any of the ports of this Republic with passengers on board, shall be subject to a tax of one dollar for each of the passengers who shall enter the Republic, and this tax shall form a part of the port charges and shall be paid to the Collector of the Port, and no Collector shall grant a clearance to any such vessel until the same be paid.

$1211. Such Collectors shall make quarterly returns, in the manner and form prescribed by law, of the amounts received by them, in pursuance of the foregoing section, to the Minister of Finance, who is required to hold the same subject to the dispo sition of the Minister of the Interior, according to the require ments of the Civil Code in regard to the hospital tax on Hawaiian seamen.

$1212. For the purpose of this Act "Hawaiian Seamen" shall be construed to mean any and all persons engaged under shipping articles, upon any vessel of Hawaiian Register.

NOTE TO CHAPTER 69.

§§1210 and 1212 are S. L. 1890, Ch. 5.

§1211 is P. C. Ch. 69, §2.

Cases in Hawaiian Reports: Hospital v. Collector, 9 Haw. 579.

CHAPTER 70.

SMUGGLING.

$1213. No vessel shall engage in the coasting or carrying trade having on board any spirits, wines, stores, or articles of merchandise which have not paid the legal duties in this Republic, under penalty of not less than fifty, nor more than one thousand dollars, in the discretion of the Court.

$1214. Every person who shall be in any way engaged in the importation, introduction, landing, or transhipping of any goods, wares or merchandise, subject to duty, without paying or securing the payment of such duty, or who shall make out or pass, or attempt to pass, through any Custom House, any false, forged or fraudulent invoice, and also his aiders and abettors, shall be deemed guilty of the misdemeanor of smuggling, and on conviction thereof, shall be fined not less than fifty, nor more than one thousand dollars, or imprisoned at hard labor not exceeding two years, in the discretion of the Court; and all goods, wares, and merchandise, so smuggled, or attempted to be smuggled, and the vessel from which they are smuggled, or attempted to be smuggled, together with all her boats, tackle, apparel and furniture, and all other boats, vessels, and craft of whatever description, in any way used or engaged in such smuggling, or attempt to smuggle, shall be forfeited, and may be seized, condemned and sold for the benefit of the Hawaiian Government.

$1215. Any person who shall be charged with, or suspected of, the offense of smuggling, or attempting to smuggle, may be arrested by any officer of the Police or Customs, without a war

rant, and detained until he can be brought before some Police or other Justice, for examination.

$1216. In all cases where any person shall be charged with smuggling, or attempting to smuggle, any goods, wares or merchandise, it shall be incumbent on such person to prove the legal importation, and the payment of the duties required by law.

$1217. All baggage, or other property, exempt from duty, landed without due entry and permit, first made and obtained, shall be forfeited, and be liable to seizure and sale.

$1218. Whenever any article, subject to duty, shall be found in the baggage of any person, which shall not, at the time of making entry for such baggage, have been mentioned to the Collector, it shall be forfeited; and the person in whose baggage it shall be found shall forfeit and pay five times the value of such article.

$1219. All vessels, boats, goods, wares, merchandise, or other property, liable to forfeiture shall, and may, be seized in any place, either upon land or water, by any Collector or other officer of customs, by any person employed for the prevention of smuggling, or by any Sheriff, Constable, or Police officer; and all property so seized by any other person than a Collector, shall, as soon as convenient, be delivered into the care of the Collector nearest the place of seizure.

$1220. It shall be lawful for any Collector or other officer of customs, to go on board of, and examine any vessel, on her entry into and departure from this Republic, and at any other time that such Collector or other officer may deem it necessary.

$1221. It shall be lawful for any Collector, or other officer of customs employed for the prevention of smuggling, or for any Sheriff, Constable, or Police officer, to go on board any

vessel, when he shall have reason to suspect any goods subject to duty are concealed on board of such vessel, and upon producing his commission, or appointment to office, to search for, seize and secure any such goods.

$1222. If any Collector, or other officer of customs, or Sheriff, Constable, or other Police officer, shall suspect the concealment of any smuggled goods in any house, shop, cellar, warehouse, room, hulk, or other place, he shall, upon application to any Judge or Justice, setting forth under oath, facts sufficient in the opinion of such Judge or Justice, to justify such suspicion, be entitled to a warrant to enter such house, shop, cellar, warehouse, room, hulk, or other place, and there to search for and secure any such goods; and in case of resistance, to break open doors, chests, trunks, and other packages, and there to seize, and from thence to bring away any smuggled goods, and to place and secure the same in the custody of the Collector nearest the place of seizure.

$1223. When any Collector, or other officer of customs, shall deem it necessary, he may call upon any Sheriff, Constable, or other Police officer to render him assistance in making or enforcing any search or seizure; and any such officer refusing such assistance, shall be liable to a fine not exceeding five hundred dollars, in the discretion of the Court.

$1224. If any Collector, officer of the customs, or other officer, or any person acting in their aid, shall be hindered, opposed, molested or obstructed, in the due execution of his office or duty, in making any search or seizure, or otherwise, by any person whatsoever, every person so hindering, opposing, molesting or obstructing any such officer, or other person, and also any person aiding or abetting in the commission of such offense, shall be liable to a fine of not less than fifty nor more than one thousand dollars, in the discretion of the Court.

$1225. The Collector General, or any other Collector of Customs, is authorized to cause a suit or prosecution to be issued in his own name, on behalf of the Hawaiian Government, for any violation of the provisions of any law relating to the revenue of

customs.

$1226. All vessels, goods, or other property seized, shall remain in the custody of some Collector or other officer of the customs, until it shall have been ascertained whether the same are liable to forfeiture or not: provided, however, that if the claimant of any such vessel, goods, or other property, shall pray to have the property delivered to him, the Court may appoint three appraisers, to appraise under oath the value of the same, at the expense of the claimant; and if at the return of the appraisement, the claimant shall give a bond with two good and sufficient sureties, to be approved by the Court, for payment to the Collector, of a sum equal to the value appraised, and produce a certificate of the duties having been paid or secured, such property shall be delivered to the claimant.

$1227. If, upon the trial, judgment shall be given for the claimant, the bond shall be cancelled; but if against him, he must, within twenty days thereafter, pay into Court the amount of the appraised value with the costs, or judgment shall be forthwith rendered upon the bond, on motion in open Court, or before some Judge at Chambers.

$1228. All property in the custody of any Collector, or other officer of the customs, shall, after condemnation, be sold at public auction, upon giving such notice of the time and place of sale, as the Court may direct.

$1229. When any property shall be seized under any law relating to the revenue of customs, notice of such seizure shall be published in the Government Gazette, and unless the person from whom it is taken, or the owner, or some person authorized