CHAPTER 33.

AFFRAY.

$312. An affray is the fighting of two or more persons in a public place; and includes any prize fight or other premeditated contention, where no weapons are used. Whoever takes part in, encourages, or promotes an affray, or is willfully present as a spectator at any prize fight or other premeditated contention, shall be punished by fine not exceeding five hundred dollars or by imprisonment at hard labor not more than six months.

NOTE TO CHAPTER 33.

§312 is S. L. 1896, Act 26, repealing P. C. Ch. 33.

CHAPTER 34.

DRUNKENNESS- -BLASPHEMY-PROFANITY.

$313. Whoever is found drunk in any street, road or other public place, from the voluntary use of any intoxicating liquor, shall, on the first conviction for such offense, be punished by a fine not exceeding six dollars, and on any conviction for any like offense committed after the first conviction by a fine not exceeding twelve dollars, or by imprisonment at hard labor not more than three months, but no prosecution for such offense shall be sustained unless it shall be commenced within six days. after the commission thereof.

$314. Whoever blasphemes the holy name of God, by denying, cursing, or contumeliously reproaching God, His creation, government, or final judging of the world; or by cursing or contumeliously reproaching Jesus Christ or the Holy Ghost; or by cursing or contumeliously reproaching the holy word of God, contained in the holy scriptures, or exposing them to contempt or ridicule, shall be punished by imprisonment at hard labor not more than one year, or by fine not exceeding one hundred dollars.

$315. It shall be unlawful for any person to use vulgar, profane or obscene language in any street, highway, store, shop or other public place or place of public resort. Any violation of this Section shall be punished by a fine of not more than

twenty dollars, or by imprisonment at hard labor of not more than one month.

NOTE TO CHAPTER 34.

§313 is S. L. 1876, Ch. 4, C. L. p. 573. §314 is P. C. Ch. 34, §2. §315 is S. L. 1892, Ch. 64.

Cases in Hawaiian Reports: R. v. Ben, 10 Haw. 278.

CHAPTER 35.

VIOLATING THE SABBATH.

$316. Whoever willfully interrupts or disturbs any religious assembly or assembly for religious worship, whether such offender commit such offense within or without the place of assembly and whether such offense be committed on the Lord's day or at any other time, shall be punished by imprisonment at hard labor not more than thirty days, or by fine not exceeding fifteen dollars, in the discretion of the Court.

$317. All labor on Sunday is forbidden, excepting works of necessity or mercy, in which are included all labor that is needful for the good order, health, comfort or safety of the community, or for the protection of property from unforseen disaster, or danger of destruction or injury, or which may be required for the prosecution of or attendance upon religious worship, or for the furnishing of opportunities of reading or study. Provided, however, that on Sunday until nine o'clock in the morning barber shops may be kept open and fresh meat and fresh fish may be sold and delivered; that until nine o'clock in the morning and after three o'clock in the afternoon milk may be delivered and cattle, sheep and swine may be slaughtered; that during the entire day meals may be sold to be eaten on the premises where sold or served elsewhere by caterers, drugs, medicines and surgical appliances may be sold, personal baggage may be conveyed to and from vessels leaving and arriving at port on that day, that the railroads may on Sunday carry passengers to connect with the steamers and public carriages, horse cars and licensed shoreboats may convey passengers for hire, and that

all labor which may be lawfully performed on Sunday shall be conducted, as far as possible, so as not to interfere with the right of the community and of each individual to quiet and repose.

$318. All public amusements, sports, shows and games on Sunday are hereby forbidden, and no one shall so prosecute or take part in any recreation, amusement, sport or game not of a public character, on Sunday, in such a manner as to interfere with the right of the community and of each individual to quiet and repose.

$319. Any person violating any of the provisions of Sections 317 or 318, shall, on conviction, be fined not over fifty dollars or be imprisoned not over thirty days.

$320. No person shall serve or execute any civil process on Sunday, and any such service or execution shall be void.

$321. Sunday within the meaning of the provisions of this Act, is the first day of the week and includes the time between the midnight preceding and the midnight following the same day.

$322. No keeper of a victualing house, restaurant or coffee shop, shall keep his house, restaurant or coffee shop open after seven o'clock on Sabbath afternoon.

$323. Any one violating Section 322, shall be fined, on conviction before any District Magistrate, not more than one hundred dollars nor less than twenty dollars for each offense, in the discretion of the Court.

NOTE TO CHAPTER 35.

§316 is P. C. Ch. 35 §1. §§317-321 are S. L. 1886, Ch. 53. §§322-323 are S. L. 1872, Ch. 4, C. L. p. 553.

Cases in Hawaiian Reports: Hubertson v. Cole, 1 Haw. 44.