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Concerning trespass. CXV. Any person found trespassing on, and thereby doing damage to inclosed land within the municipality of Apia, shall on conviction be compelled to make pod the amount of damage done, and shall be fined not to exceed $25, or in default be imprisoned for any time not exceeding thirty days, with or without hard labor.
Concerning false pretenses.
CXVI. Every person who shall obtain from any other person with intent to defraud any chattel, money, or valuable security, shall be liable on conviction to a fine not exceeding $100, or to imprisonment, with or without hard labor, not exceeding one hundred and twenty-five days, or to both fine and imprisonment.
Dated at Apia, Samoa, February 6, 1882,
Concerning the magistrate. CXVIII. The municipal magistrate shall be authorized to punish refractory prisoners, either by a prolongation of their imprisonment or by corporal punishment, the latter not to be inflicted without the consent of the consuls.
CXIX. The magistrate shall not try cases in which he is interested. In such cases he will inform tho consuls, who will appoint a magistrato “ad hoc,”
Dated at Apia, Samoa, June 2, 1892,
CXX. All occupiers of houses in the town and villages of the district of Apia have
Any offender shall be liable to be punished by a fine of not more than $10, or imprisonment for not more than twelve days, or by both of such penalties.
Dated, Apia, September 1, 1882.
Concerning public roads.
CXXII. All public roads that existed on 2nd of September, 1879, shall be considered as still open for public use.
Any one having closed such a road shall immediately reopen the same or prove his right to close it to the satisfaction of the municipal board.
Dated, Apia, January 5, 1883.
Concerning registration of land sales. CXXIII. Persons buying or selling taxable real estate within the municipality of Apia siiall record the same in the office of the secretary of the board. Any breach of this regulation shall be punished by a tine not onceoding $25, Dated, Apia, February 2, 1883.
Concerning public nuisances.
CXXIV. All public nuisances shall be removed.
1. Anything endangering the safety of public life, health, private or public property shall be considered a public nuisance, and as such be subject to immediato removal on the unanimous order of the municipal board.
2. The magistrate shall give notico in writing to the proprietors or occupants of any property on which a public nuisance is, to remove the same.
3. If the removal be not made within a reasonable time the magistrate will inforce this regulation by a fine not exceeding $25, or in default of payment by imprisonment not exceeding thirty days, with or without hard labor, and he will order the removal of the nuisance at ile expense of the persons so fined or imprisoned.
4. Auy resident of this municipality may u ake complaint of public nuisances in writwg to the secretary of the board, who will communicate the same to the board in session, which will empower tho magistrate to order the removal thereof, if provod to be such.
Dated at Apia, Samoa, March 16, 1883.
Concerning Mulivai Bridge.
CXXVII. It is forbidden to ride or drive over the Mulivai Bridge, except at a walk. . ing pace.
Any person offending against this regulation will be liable to a fine not exceeding $1, or in default of payment, to be imprisoned with or without hard labor for six days.
Any repetition of such offense shall be liable to a fine not exceeding $10, or twelve days' imprisonment, with or without hard labor. Dated Apia, July 6, 1883.
CXXVIū. It is forbidden to ride on horseback through the towns of the municipality without a proper bridle. Unbridled horses passing through such towns musbe led.
Any one offending will be liable to a fine pot oxceeding $5, or six days' imprisonment. Dated Apia, July 6, 1883.
CXXIX. The owners of dogs over three month sold, belonging within the municipality, shall register the same in the office of the secretary of the board, and shall take out a license for each one, for which they shall pay the sum of $2 per annum, payable quarterly in advance. Any dog for which a license has not been taken out by the end of the first fortnight of a quarter, and which is loose in the municipality, shall be liablo to be destroyed. Any violation of this regulation shall be punished by a fine of $5 or ten days' imprisonment.
Dated at Apia, October 5, 1883.
Concerning the public peace.
CXXX. The magistrate is empowered, upon complaint of any one resident within the municipality of Apia, and upon proof of sufficient grounds for such complaint, to bind any person over in any sum not exceeding $200 to keep the peace.
The magistrate has to obtain the consent of the consul of the nationality to which the offender belongs before taking any proceedings under this regulation. Iu the event of the offender having no consular representation, the magistrate shall obtain the consent of the three consuls. Dated at Apia, Samoa, June 6, 1884.
CXXXI. No cattle shall be slaughtered in any part of the municipality where such proceeding would be likely to create a nuisance.
Any person persisting in so doing, after being warned by the police, will be liable to a fine not exceeding $50, or to sixty days’ imprisonment. Dated at Apia, Samoa, June 4, 1884.
Concerning supplying intoxicating liquor to policemen.
CXXXII. Any person supplying intoxicating liquor to a policeman while on duty shall be punished by a fine of not less than $10 and not exceeding $50, or by impris. onment of not less than twelve days and not exceeding sixty days.
Any policeman who shall drink intoxicating liquor while on duty shall be liable to be dismissed from the municipal police force and to forfeit all wages then due to him. Dated at Apia, October 3, 1884.
Concerning cricket. CXXXIII. It is strictly prohibited to play cricket on the public road or within 8 fathoms of the public road, such distance to be marked by a rope on all occasions of playing
Any one found guilty of a breach of this regulation shall be liable to a fine not exceeding $5, or to imprisonment not exceeding six days.
All damages or injuries received by persons passing on the public road from cricket balls, from whoresoever thrown, shall be paid for by the party throwing or striking the ball. Datod Apia, November 7, 1884.
Concerning payment of rates. CXXXIV. After tle expiration of the time allowed, any one remaining in arrear of payment of rates shall, on making a settlement of such payment, pay in excess 25 per cent. over and abore the sum due.
Dated Apia, May 1, 1885,
Concerning new buildings.
CXXXV. 1. Before erecting any building at or close to a public road within the municipality of Apia, the permission of the municipal board will have to be applied for by laying before the same the plan of the premises, with a sketch of the building to be erected.
2. No building shall be allowed which might prove an obstruction to enlarging a public road in future.
3. No building as a rule shall be erected in advance of the row of existing build. ings.
4. Any building erected in contravention of the present regulation must be removed on the order of the municipal board.
Any contravention of this regulation will be punished with a fine not exceeding $200.
Dated Apia, August 7, 1885.
CXXXVI. 1. All buildings, wooden fences, and walls fronting on any public road within the municipality shall hereafter bo erected in accordance with the building and veranda lines determined by the municipal board, a plan of which lines shall be made and kept in the municipal office for inspection.
2. The veranda line shall in no case exceed the distance of 10 feet from the building line as laid down on the plan to be kept on view in the municipal office.
3. No buildings of any description shall be erected in advance of the building line, and no veranda or fence in advance of the veranda line.
4. In the event of the building not being erected on the building line, then it will be permitted to erect a high fence on that line; and in event of no verandah being erected on the veranda line, then an open picket fence not more than 4 feet high may be erected on the veranda line.
5. No offensive buildings, such as water-closets, pigsties, &c., shall be allowed near any public road within the municipality.
6. Any violation of this regulation will be punished by a fine not exceeding $200 or imprisonment for a period not exceeding six months. The building or fence to be removed at the owner's expense.
Dated Apia, December 24, 1885.
CXXXVII. No person shall from this date be permitted to fire off any fireworks of any kind on the municipal roads, nor from verandas or balconies abutting onto the same.
Any person violating the above regulation shall be liable to a fine of more than $10 or imprisonment for not more than fourteen days.
Dated Apia, March 5, 1885.
MUNICIPALITY OF APIA.
REGULATIONS CONCERNING THE PORT OF APIA.
LXIV. All vessels (except those belonging to the Samoan group and engaged in the inter-island or coasting trade), coming into and leaving the harbor of Apia, shall take the pilot licensed by the municipal board.
LXV. The pilotage shall be at the rate of $1 per foot draught of water in, and $1 per foot draught of water out of port, and the pilot may arrange with any captain for extra service, towing, use of boat, &c.
LXVI. All vessels coming into the port of Apia shall be anchored in such a position as the pilot may direct. For changing any vessel from her moorings from one part of the harbor to another the pilot shall receive $5.
LXVII. The master of any vessel desiring to change her from one place in the har. bor to another shall notify the pilot, who shall direct the removal, unless lo has good and sufficient reason to the contrary.
LXVIII. The pilot may order the removal of any vessel so anchored as to obstruct the navigation in or ont of the harbor, or for any other good and sufficient reason; and any master of a vessel who shall refuse to comply with such order shall be liable to a fine of $10.
LXIX. The throwing of ballast into the harbor is hereby strictly prohibited ; and all masters or persons in command of vessels arriving in the port of Apia, and hav. ing ballast to discharge, shall notify the pilot, who will inform them where to deposit the same; and the pilot shall take such precautions as he way deem necessary, when any vessel is receiving or discharging ballast, to prevent the same from falling into the harbor; and if any master or mate of a vessel receiving or discharging ballast shall neglect the necessary measures to prevent the same from falling overboard, on complaint of the pilot a policeman shall be placed on board such vessel at the vessel's expense to observe and report such carelessness or neglect, and the master of such vessel shall on conviction be fined for the first offense not to exceed $100, nor less than $10 and costs of suit, and for each subsequent conviction the fine shall be doubled.
LXX. If any master or person in command of any vessel shall have reason to complain of any action of the pilot, he shall make such complaint to the municipal board.
LXXI. A printed copy of the above regulations shall be handed by the pilot to the master or person in command of every vessel which he may bring into port.
Dated Apia, Samoa, January 12, 1880.
Concerning trading vessels.
LXXXIV. The captain, owner, or superoargo of every vessel entering the waters of the municipality for the purpose of trading shall take out a license within twentyfour hours after arrival. Licenses may be obtained from the treasurer on payment of the sum of $10. Any breach of this regulation shall be punished by a fine not to exceed $200.
LXXXV. A printed copy of the preceding regulation shall be furnished by the pilot to the master or supercargo of each trading vessel on her arrival in harbor.
Dated at Apia, Samoa, May 12, A. D. 1880.
XCVII. A health officer shall be appointed for tho municipality of Apia, who shall act under the quarantine laws passed by the municipal board.
CIX. SECTION 1. A quarantino commission for the municipality of Apia is hereby appointed, consisting of the three consuls, who shall give orders in regard to vessels to be kept in quarantine as each case may require.
SEC. 2. To prevent the introduction of infectious of contagious diseases in the town of Apia, no communication, except by signal, shall be held with or from any vessel coming from beyond Samoa into the waters of the municipality of Apia before the master of each vessel has signed the certificate and bond hereto attached, or before the health officer las admitted such vessel to pratique.
SEC. 3. The pilot, or his substitute, shall go to every vessel nearing this port and coming from beyond Samoa, approaching her on the windward side, taking with bin a yellow flag. Before boarding any such vessel he shall have a blank certificate and bond, in the form hereto attached, delivered to the master. Upon completion, signing, and delivering of said certificate and bond the pilot may board the vessel, and she may enter the port.
SEC. 4. In case the master declines to subscribe the certificate and bond the pilot shall not go on board, but shall direct the master to hoist a yellow flag at the fore (if there is no yellow flag on board the vessel the pilot shall supply the same) and to remain off the port or proceed to the appointed quarantine ground or elsewhere, and anchor where the pilot may direct, and the pilot shall at once report to the health officcr.
Sec. 5. Provided always that the pilot may board vessel under any circumstances if by his not doing so her safety would be endangered. Should the pilot have been obliged to board a vessel coming from beyond Samoa the master of which declined to sign the certificate and bond, then the pilot shall order the yellow flag to be hoisted and remain on board until the health officer has admitted the vessel to pritique, or has disinfected the pilot, his boat's crew, and boat properly according to circumstances, and has given permission to the pilot to leave.
Sec. 6. The master of any vessul coming from beyond Samoa sball hoist the yellow dag immediately after being directed so to do by the pilot, and shall keep the same hoisted until the health officer has admitted the vessel to partique and ordered tho yellow flag to be bauled down; and the master or other officer of snch vessel shall not allow any communication with or from such vessel except by signal or by the health officer until shio bas been admitted to pratique by the health officer.
Sec. 7. The health officer on seeing a vessel hoist the yellow flag or on receiving information from the pilot, shall proceed to the vessel and approach her to wind wani within speaking distance. He shall then by questioning the master ascertain the reason why the former declines to sign the certificate and bond.
SEC. 8. If from the answers of the master he has good reason to suspect that the vessel has any contagion on board, he shall order the vessel to remain in quarantine, to keep the yellow flag hoisted, and he shall at once report to the quarantine commissioners, who shall meet as soon as possible to investigate the case and decide according to circumstances.
Sec. 9. If the health officer has good reason to believe that there is no contagion on board such vessel he may go on board and examine her bill of health, her logbook and journal, and inspect her crew and passengers.
SEC. 10. If the health officer finds after inspection that there is no danger of any contagion being on board he may admit the vessel to pratique and order the yellow flag to be hauled down.
Sec. 11. If he finds there is danger of any contagion being on board he shall order the vessel to remain in quarantine, to keep the yellow flag hoisted, and he shall report to the quarantine commissioners, taking good care after leaving the ship to disin fect himself and his boat's crew and boal, as circumstances may require, before he lands or communicates with any other vessel or boat.
Sec. 12. Every mas'er and every surgeon of any vessel which shall have sailed from a place where there shall have existed at the time of such sailing any infectious or contagious disease, or which shall have communicated otherwise than by signal with any vessel or place in which such contagious or infectious disease existed, shall make a true declaration of such circumstances to the pilot and health officer who shall come on board or alongside such vessel.
SEC. 13. Every master or surgeon of a vessel which shall have on board any person affected with any contagious or infectious disease shall declare the same to the pilot or health officer, and shall not attempt to conceal from the health officer any person 80 affected, and shall bring every person on board such vessel before the health officer at his request for inspection, and the master of any vessel shall, on the demand of the health officer, produce for inspection by him the log-isook and journal of such vessel.
SEC. 14. Every person on board of any vessel arriving at the port of Apia shall answer truthfully and without evasion any question that may be put to him by the health officer or pilot in order to find out whether there is danger of any contagion being on board such vessel.
Sec. 15. No person, savo as hereinbefore provided, shall approach or leave any vessel, on board of which the yellow flag is hoisted, until she has been admitted to pratique by the hoalth officer and the yellow flag has been hauled down.
Sec. 16. A quarantine fee shall be paid by all vessels coming from boyond Samoa as follows: Vessels whose tonnage does not exceed 50 tons, 50 cents; vessels whose tonnage is over 50 tons and does not exceed 100 tons, $1; vessels whose tonnage es. ceeds 100 tons shall pay $1 more for every 100 tons or fraction thereof, and such fee shall be paid to the treasurer of the municipality.
Sec. 17. Any person committing a breach of any of the above quarantine regulations shall, on conviction, be punished by a fine not to exceed $200 or by imprison. ment, with or without hard labor, not to exceed six months, or by both these penal. ties.
Sec. 18. All expenses caused to the municipality by any vessel with regard to quarantine shall be borne by such vessel, or by the master, owners, agents, or consignees thereof, and such vonsel or persons shall be held responsible for tho recovery of such expenses.
SEC. 19. Should any of the statements contained in the certificate signed by the master of any vessel be proved to be untrue then the master of such vessal shall forfeit the sum stated in the bond or any part of such sum, according to the decision of the quarantino commissioners, and such sum shall be recoverable in the manner provided for by section 17.
Sec. 20. All forfeits or fines levied or paid for breaches of quarantine regulations shall bo paid to the municipal treasurer, to the credit of the quarantine fund, which shall be used by the municipal board to defray public expenses with regard to the public health of the municipality.
Sec. 21. No owner or any person whatever on board or connected with any vessel put in quarantine, nor any person importing or exporting or intending to export any goods or cargo in any such vessel shall have any claim against the munio:pality for detention or any loss or expense incurred in connectiou with quarantine.
Dated at Apia, Samoa, April 1, A. D. 1881.