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days and completed within ninety days after the date of said permission.

$1093. No person owning or occupying any building fronting on any street, lane, alley or place within the fire limits of Honolulu, shall construct or cause to be constructed or maintained any awning, shade or balcony, except in accordance with the following provisions: Such awning, shade or balcony should be securely supported on wrought-iron brackets built into the walls, and shall be supported without posts, and shall be not less than eleven feet above the line of the curb levels of the sidewalk, and shall have a gutter formed to carry off the water to the line of the building, and from thence to the street gutter; provided, that no gutters will be required to be constructed on cloth or canvass awnings or shades; also, provided, that the height of all moveable canvass or cloth awnings or shades, hereafter constructed, shall not be less than seven and a half feet above the line of the curb level or the sidewalk. No awning, shade or balcony shall extend beyond the line of the curb. No awning, shade or balcony shall be inclosed to a greater height than three feet six inches; provided, that no awning, shade or balcony shall be erected on any building facing on any streets, lane, alley or place which is thirty feet or less in width; and no awning, shade or balcony shall be constructed on the sides or rear of any building within the fire limits unless there is a clear space of not less than thirty feet between such building and the adjacent buildings, and then they shall be constructed of fire-proof materials. No signs shall placed on the front, rear or sides of any building higher than its blocking course or fire wall, and no sign made of wood, canvas or cloth shall exceed three feet in height. All signs must be securely bolted to the building upon which they are placed. No frame-work shall be placed above the roof of any building.

$1094. No cornice, entabletures, belt courses, or other ornamental projections of wood, shall be placed on any fire-proof building within the fire limits of Honolulu. All exterior cor

nices, entablatures, belt courses, and other projections of an ornamental character, shall be constructed of some fire-proof material; if of iron to be riveted together with rivets not more than 2 inches apart, and shall be supported on wrought-iron brackets, built into the wall at distances not to exceed 2 feet apart; and in every instance the greatest weight of stone, iron or other material of which they shall be composed shall be on the inside of the outer line of the wall on which they may rest, in the proportion of 4 of wall to 2 of cornice in weight; allowance must be made for the excess of leverage produced by the projection of cornice beyond the face of the wall; all cornices shall be well secured to the wall with iron anchors, independent of any wood work, and in all cases the walls shall be carried up to the planking of the roof; and when the roof is below the cornice then the wall shall be carried up to the top of the cornice or the blocking over the same, and shall be coped with some fire-proof material. All wooden cornices or gutters on fire-proof buildings that are now or may hereafter become unsafe, shall be taken down and reconstructed of some fire-proof material.

$1095. All openings in party or rear walls, must be protected by iron or iron-covered shutters, to be approved by the Superintendent of Public Works; and all party and rear walls of any building, fifteen feet or more in height, shall be built up and extend at least thirty inches above every point where the roof meets the wall, and such wall shall be not less than twelve inches in thickness. Detached buildings, having a frontage on all sides, and constructed with the exterior entirely of fire-proof materials, need have no wall above the roof-line, but the walls will extend up behind the cornice to the planking of the roof.

$1096. Any person violating any of the provisions of this Act, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine not more than five hundred dollars; the continuance or maintaining of such violation after conviction, shall be deemed a new offense for each day on which the same is so continued or maintained, and shall be punished accordingly.

$1097. It shall be the duty of the Fire Marshal of Honolulu, the Marshal of the Republic, his Deputy, or any Police Officer to report any infringement of the provisions of this Act to the Minister of the Interior, who shall immediately take necessary steps for the prosecution of the offender.

$1098.

Whenever the provisions of the Act of the Legislature entitled "An Act to regulate the erection and repairing of the buildings in the City of Honolulu within certain fire limits," approved the 29th day of May, A. D. 1886 (Sections 1090 to 1097), are violated, the District Magistrate of the District of Kona, Island of Oahu, shall have jurisdiction to hear and determine such cases.

NOTE TO CHAPTER 63.

PART I.

§§1021-1047 are P. G. Act. 17. §§1048-1051 are S. L. 1892, Ch. 62.

PART II.

§§1052-1072 are S. L. 1892, Ch. 86.

PART III.

§§1073-1077 are S. L. 1886, Ch. 10.

PART IV.

§§1078-1085 are S. L. 1886, Ch. 16, amended as follows: §§1079 and 1082 by 1890, Ch. 72.

PART V.

§§1086-1087 are S. L. 1882, Ch. 22; C. L. p. 667.

§§1088-1089 are S. L. 1884, Ch. 13.

§§1090-1097 are S. L. 1886, Ch. 2, amended as follows:

§§1090-1091

by S. L. 1896, Act 31; §1095 by S. L. 1892, Ch. 42. $1098 is S. L. 1886, Ch. 5.

Cases in Hawaiian Reports: McGuire v. Tong Wo, 5 Haw. 41; Rex v. Tong Wo, 5 Haw. 20; Thomas v. Norton, 8 Haw. 68.

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CHAPTER 64.

GUNPOWDER.

$1099. The Minister of the Interior may make such regulations for the storing, keeping and transportation of gunpowder, in any town of the Republic, as he may think the public safety requires; and no person shall store, keep, or transport any gunpowder, in any other quantity or manner than is prescribed in such regulations.

$1100. Whoever shall violate any of such regulations, shall be fined for each offense, not less than twenty, nor more than one hundred dollars.

$1101. All gunpowder introduced into, or kept in any town contrary to said regulations, may be seized by any sheriff or any other officer of police, and the same shall be forfeited for the benefit of the Public Treasury.

$1102. Any person injured by the explosion of any gunpow der, in the possession of any person contrary to the regulations prescribed by the Minister of the Interior, may have an action for damages against the person having custody or possession of the same, at the time of the explosion, or against the owner of the same, if cognizant of such neglect.

$1103. All Sheriffs and other officers of police shall have authority to enter any building, or place, to search for gunpowder supposed to be concealed there contrary to law; and any District Magistrate, may grant a search warrant for that purpose.

$1104. No regulations for the safe keeping of gunpowder shall take effect until they have been published three weeks successively in some newspaper in the town, or by posting up attested copies in three places in such town.

$1105. The importation into the Hawaiian Islands of fire arms, ammunition, dynamite, giant powder and similar explosive substances, except by the Government, is hereby prohibited; provided, however, that the Executive Council may, upon application, allow the importation of such goods at their discretion, subject to the legal duties thereon.

NOTE TO CHAPTER 64.

S$1099-1104 are P. C. Ch. 64, §§1-6. $1105 is P. G. Act 9.

Repealed

Act 83
S.L. 1903

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