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P. C. Ch. 59
Sec. 9

P. C. Ch. 59
Sec. 10, see

Sec. 942, P. L.

P. C. Ch. 59.
Sec. 11

P. C. Ch. 59,
Sec. 12.

S. L. 1870,
Ch. 9.

S. L. 1870,

Ch. 9.

NUISANCES, ETC.

Section 877 P. L. The Board of Health and its agents shall examine into all nuisances, sources of filth and causes of sickness, on shore, or in any vessel, and shall cause the same to be destroyed, removed or prevented as the case may require.

Section 878 P. L. Whenever any such nuisance, source of filth, or cause of sickness, shall be found on private property, the Board of Health or any health agent, shall order the owner or occupant thereof, at his own expense, to remove the same within forty-eight hours; and if the owner or occupant shall neglect so to do, he shall be fined in a sum not exceeding one hundred dollars.

Section 879 P. L. If the owner or occupant shall not comply with such order of the Board of Health, the Board or any of its agents, may cause such nuisance, source of filth or cause of sickness, to be removed; and all expenses incurred thereby shall be paid by the said owner or occupant, or by such other person as shall cause or permit the same.

Section 880 P. L. When any person shall be convicted for a common nuisance, that may be injurious to the public health, the Court may, in its discretion, order it to be removed or destroyed, at the expense of the defendant, under the direction of the Board of Health, or otherwise, as it may deem proper.

Section 881 P. L. The Supreme Court and the several Circuit Courts shall have jurisdiction concurrently with the District Courts of all cases of common nuisances.

Section 882 P. L. Whenever any person shall be convicted in the Supreme Court or any Circuit Court, of maintaining a common nuisance, the Court shall order that said nuisance be abated. Such order shall not operate to suspend or vacate the sentence imposed, but shall be a wholly cumulative remedy. In case the order shall not have been made at the time of imposing the sentence, it may be made at any regular term of the same Court, or of the Supreme Court, holden within two years thereafter, upon motion by the Attorney-General, and

reasonable notice to the defendant. Upon the hearing of such motion, the judgment previously rendered shall be conclusive evidence of the maintenance of the nuisance.

Section 883 P. L. All orders for the abatement of a nuisance shall direct, under a penalty, that the same be abated, within a time to be limited in such order, and that, if the same be not abated within such time, that the proper executive officer of the law do forthwith abate the same at the cost of the defendant, who shall also be liable to the full amount of the penalty specified in such order, for which, as well as for all costs and expenses arising in such case, execution shall duly issue.

S. L. 1870.

Ch. 9.

RIGHT OF ENTRY.

P. C. Ch. 59

ed by Act 1892
Ch. 76. See
King v Tong
Lee, 4 Hawn.

337.

Section 884 P. L. Whenever any member of the Board of Sec. 13. AmendHealth, or its agent, shall think it necessary for the preservation of the lives or health of the inhabitants, to enter any land, building or vessel, for the purpose of examining into and destroying, removing, or preventing, any nuisance, source of filth, or cause of sickness, and shall be refused such entry, such member or agent may make complaint to any Police or District Magistrate, who may thereupon issue a warrant directed to any sheriff, deputy sheriff or constable, commanding him to take sufficient aid, and, being accompanied by such member of the Board of Health, or agent, between the hours of sunrise and sunset, to repair to the place where such nuisance, source of filth, or cause of sickness, complained of may be, and the same to destroy, remove or prevent under the directions of such member or agent.

SLAUGHTER HOUSES.

Section 885 P. L. No slaughter house shall be maintained in any part of this Territory, in any place where the Board of Health shall now or hereafter forbid the maintenance of the same.

Act, 1868. Amended by Terr. Act.

P. C. Ch. 59 Sec. 22 Amended by Terr. Act.

DUTY OF POLICE.

Section 907 P. L. It shall be the duty of the High Sheriff, and all officers of police, and physicians, to report to the Board of Health, or its nearest authorized agent, the existence of any nuisance, injurious to the public health, of which either of them may be cognizant, as soon as possible after it shall come to their knowledge.

P. C. Ch. 59
Sec 23.

DUTY OF PHYSICIANS.

Section 908 P. L. It shall be the duty of every physician having a patient infected with the smallpox, or any other disease dangerous to the public health, to give immediate notice thereof to the Board of Health, or its nearest agent, in writing, and in like manner to report to said Board, or its agent, every case of death which takes place in his practice, from any such disease; and every physician who shall refuse or neglect to give such notice, or make such report, shall be fined for each offense a sum not less than ten, nor more than one hundred dollars.

P. C. Ch. 59
Sec. 24.

DUTY OF HOUSEHOLDER.

Section 909 P. L. It shall be the duty of every householder, keeper of a boarding or lodging house, or master of a vessel, to report immediately to the Board of Health, or its nearest agent, any person in or about their house, or vessel, whom they shall have reason to believe to be sick, or to have died of, the smallpox, or any other disease dangerous to the public health, under a penalty of not less than five, nor more than one hundred dollars, for each offense.

REMOVAL OF INFECTED SICK.

Section 910 P. L. When any person shall be infected with the smallpox, or other sickness dangerous to the public health, the Board of Health, or its agent may, for the safety of the inhabitants remove such sick or infected person to a separate house, and provide him with nurses and other necessaries, which shall be at the charge of the person himself, his parents or master, if able, otherwise at the charge of the government.

Section 911 P. L. If the infected person cannot be removed without danger to his life, the Board of Health, or its agent, may make provision for him, as directed in the last preceding section, in the house in which he may be; and, in such case, they may cause the persons in the neighborhood to be removed, and may take such other measures as they shall judge necessary for the public health and safety.

HOSPITALS ON EACH ISLAND.

Section 912 P. L. The Superintendent of Public Works may establish a hospital on each of the islands of Oahu, Maui, Hawaii, and Kauai, to be under the immediate supervision and control of the Board of Health, which may make rules and regulations for the government of such hospitals; which rules and regulations shall be published for general information.

REMOVING NUISANCES.

Section 913 P. L. For the purpose of removing nuisances, and causes of sickness, the Board of Health may require the High Sheriff and Deputies to cause the prisoners under their charge to aid in such work.

P. C. Ch. 59 Sec 25. See Re Lepers 5 Hawn. 162. and see Act of January 3, 1865, to prevent the spread of Leprosy, which was passed to add specific force to this section, being Sec.

987 et seq. P. L.

P. C. Ch. 59
Sec. 26.

P. C. Ch 95. Sec. 27. Amended by Terr. Act,

P. C. Ch. 59 Sec. 28. Amended by Terr. Act.

VACCINATION.

Section 915 P. L. The Governor shall appoint, upon the recommendation of the Board of Health, a suitable person to be vaccinating officer in each of the gubernatorial divisions of the Territory, who shall receive such salary as may, from time

P. C. Ch. 59 Sec. 32 Amended by Terr. Act.

P. C. Ch. 59

Sec 33.

to time, be appropriated by the Legislature, and shall be removable from office at the pleasure of said Governor.

Section 916 P. L. Each vaccinating officer shall appoint, at least, three convenient places in each school district throughout his division, for the performance of vaccination; and, from time to time, give public notice of the time when he will attend at such places, to vaccinate all persons not already successfully vaccinated who may then and there appear; and also of the time when he will attend at such places, to inspect the progress of such vaccination in the persons so vaccinated.

DUTY OF PARENTS.

P. C. Ch. 59
Sec, 34.

P. C. Ch. 59
Sec. 35.

Section 917 P. L. The father or mother of every child shall, within six months after the birth of such child, or in the event of the death, illness, or absence of the father or mother, then the guardian, nurse, or person having charge of such child, shall, within six months after its birth, or at the earliest opportunity after, take such child to the vaccinating officer, for the purpose of being vaccinated.

Section 918 P. L. Upon the eighth day, following the day on which any child has been vaccinated, the father, mother, guardian, or other person having charge of said child, shail again take such child to the vaccinating officer that he may ascertain ly inspection the result of such operation.

CERTIFICATE OF VACCINATION.

P. C. Ch. 59
Sec. 36.

P. C. Ch. 59
Sec. 37.

Section 919 P. L. If the vaccination is found to be successful, the officer shall deliver to the father, mother, or other person having charge of the child, free of charge, a certificate that the child has been successfully vaccinated, and shall note the same in a book to be kept by such officer for that purpose.

Section 920 P. L. On the presentation of any child to be vaccinated, should the officer deem the child to be in an unfit state to be vaccinated, he may postpone the operation at his discretion, and give due notice to the parents, or person hav

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