$1387. All the costs incurred in any process against a servant, under either the 1384th or 1385th Sections, shall be paid the first instance by the complainant, and if the complainant shall be sustained, the master shall have judgment and execution thereof against the offending servant.

$1388. If any master shall be guilty of any cruelty, misusage, or violation of any of the terms of the contract, towards any person bound to service either under Sections 1382 or 1383 such person may make complaint to any District Magistrate, who shall summon the parties before him, examine into, hear and determine the complaint, and in all such examinations the complainant shall be a competent witness; and if the complaint shall be sustained, such person shall be discharged from all obligations of service, and the master shall be fined in a sum not less than five, nor more than one hundred dollars, and in default of the payment thereof, be imprisoned at hard labor until the same is paid.

$1389. No contract of service made in pursuance of Sections 1382 or 1383 of this chapter, shall bind the servant after the death of his master: provided, however, that where servants shall be so bound by any company of individuals, the death of any one partner, or the change of partners, in such company, shall not operate to release such servant from the terms of his contract.

$1390. Nothing in this chapter contained shall be construed to destroy the right of civil action for damages, by the master or servant, for breach of contract.

NOTE TO CHAPTER 78.

§§1350-1351 are P. C. Ch. 78, §§1-2; C. L. §§1396-1397.
$1352 is 1888, Ch. 37, §4.

§§1353-1367 are P. C. Ch. 78, §§3-21; C. L. §1398-1416.

S$1368-1369 are S. L. 1880, Ch. 21; C. L. p. 456.

$1370 is S. L. 1878, Ch. 46, §1; C. L. p. 457.

§1371 is S. L. 1886, Ch. 30.

§§1372-1375 are S. L. 1878, Ch. 46, §§2-6; C. L. p. 458.

§1376 is S. L. 1884, Ch. 53.

§§1377-1378 are S. L. 1872, Ch. 31; C. L. p. 459.

§1379 is S. L. 1872, Ch. 31, amended S. L. 1882, Ch. 33; C. L. p. 459. §1380 is S. L. 1876, Ch. 47; C. L. p. 460.

$1381 is S. L. 1878, Ch. 7; C. L. p. 460.

§§1382-1383 are P. C. Ch. 78, §§22-23; C. L. $81417-1418.

§1384 is P. C. Ch. 78, §24; C. L. §1419, amended S. L. 1882, Ch. 28. $1385 is S. L. 1892, Ch. 63.

§§1386-1387 are P. C. Ch. 78, §§26-27; C. L. §§1421-1422.

§1388 is P. C. Ch. 78, §28; C. L. §1423 amended, S. L. 1872, Ch. 24. §§1389-1390 are P. C. Ch. 78, §§29-30; C. L. §§1424-1425.

Cases in Hawaiian Reports: R. v. Greenwell, 1 Haw. 85; Re Lewers, 3 Haw. 21; Wood v. Hookina, 3 Haw. 102; Wood v. Afo, 3 Haw. 448; Unna v. Kelaula, 3 Haw. 690; Waihee v. Kalapu, 3 Haw. 760; Coolidge v. Puaaiki, 3 Haw. 810; Kaalaea v. Bolabola, 3 Haw. 818; Nott v. Kanahele, 4 Haw. -; Board of Immigration v. Entrella, 5 Haw. 213; Re Kelikoa, 5 Haw. 281; Rickard v. Couto, 5 Haw. 512; Re Gip Ah Chan, 6 Haw. 25; Nakamura v. Haolilio, 6 Haw. 667; Afong v. Kale, 7 Haw. 595; Hilo v. Mioshi, 8 Haw. 204; Re Notaries, 8 Haw. 562; Laupahoehoe Co. v. Kanaela, 9 Haw. 469; Weedon v. Waterhouse, 10 Haw. 696.

CHAPTER 79.

BUREAU OF PUBLIC INSTRUCTION.-PARENTAL AND FILIAL

DUTIES.

PART I.-ATTENDANCE.

$1391. If any child of school age shall persist in absenting himself from school, any District Magistrate shall, upon proper complaint being made by the school teacher, or any other officer or agent of the department, cause the father or the mother, guardian or other person having the charge of such child, to be summoned to appear before such Magistrate, and upon its being proved that the person responsible for the child had not used proper diligence to enforce the child's regular attendance at school, such responsible party shall be fined by the Magistrate in a sum not exceeding five dollars, and in default of payment thereof, such person shall be imprisoned at hard labor for a term not to exceed ten days. In case the child shall prove the offending party, the Magistrate shall send him to a reformatory or industrial school for a term not less than six months or more than two years, or otherwise sentence him to a fine not exceeding two dollars, or imprisonment for a term not exceeding five days. Provided however, that the provisions of this section shall not apply to any child not liable to compulsory attendance at school.

$1392. The teachers of all schools, either public or private, shall keep a correct register of the names, sex, age and nationality, as far as ascertainable, date of entering the school, and the places of residence of the children attending their respective schools, and no teacher of any school shall grant a release to any

child under fifteen years of age, who shall be registered as attending his school, for the purpose of attending another school, unless the consent and approval of the parents or guardians of such child shall be given in writing to the teacher, or unless authorized to grant such release by the school agent of the district for good reasons shown to his satisfaction. In every such case a certificate in writing shall be granted to the teacher setting forth the facts in the case.

The register shall be carefully preserved, and as often as the department shall direct, the register or a true copy thereof shall be filed in the office of the department.

$1393. No teacher of any school, either public or private, shall receive into his school any child under fifteen years of age, who shall have attended another school of the same class in the same district, unless such child shall produce to teacher of the school to be entered, a certificate of release signed by the teacher of the school last attended by the child. If such child apply to attend a school of higher grade, a certificate of proficiency shall be required or a lawful excuse for its absence.

Provided, that the children from one district desiring to enter a school in another district, may be received or admitted upon producing a certificate of release from the school last attended in such other district.

The teacher of any such school who shall violate any of the provisions of this or of the foregoing section shall, upon conviction thereof, before any District Magistrate, be subject to a fine not exceeding ten dollars for each offense.

PART II.-INDUSTRIAL AND REFORMATORY SCHOOLS.

$1394. The Act entitled "An Act authorizing the Board of Education to establish an Industrial and Reformatory School, for the care and education of helpless and neglected children, as also for the reformation of juvenile offenders," approved De

cember 30th, 1864, be, and the same is hereby repealed, from Section 1 to Section 10, inclusive.

$1395. The Board of Education is hereby authorized to continue the Industrial and Reformatory School established in March, A. D. 1865, at Keoneula, Kapalama, Oahu, under the Act of December 30th, 1864, authorizing the same; to be, as heretofore, conducted under the direction and supervision of the Board of Education.

S.L.1903
Act 7

$1396. It shall be lawful for the Board of Education to institute and establish industrial and reformatory schools in any part of the Republic, when the same shall be deemed necessary, and when funds shall be available by legislative appropriation, for that object. All such schools shall be conducted under the direction and supervision of the Board of Education.

$1397. The only object of the said industrial and reformatory schools shall be the detention, management, education, employment, reformation and maintenance of such children as shall be committed thereto, as orphans, vagrants, truants, living an idle or dissolute life, who shall be duly convicted of any crime or misdemeanor, who shall be surrendered to the Board of Education as guardians thereof, for the term of their minority, or who shall be received at such schools as hereinafter provided.

$1398. The District Magistrates are hereby authorized to commit all offenders duly convicted before them, under fifteen years of age, to said industrial and reformatory schools, in all cases where they shall deem such sentence to be more suitable than the punishment otherwise authorized by law.

$1399. The said District Magistrates, on the representation of any member of the Board of Education, its agents, the Attor ney-General or his authorized deputy, the Marshal or his deputy, or the Sheriff or Deputy Sheriff of any Island, shall have power