CHAPTER XVII.

           

VIOLATION OF LETTERS AND POSTAL LAWS.

 

CONTENTS.

 

SECTION 1.   Opening and reading a sealed letter.

2.     No offense if done by mistake.

3.     Maliciously publishing or circulating.

4.     If property be taken from such letter it is larceny.

5.     Taking and publishing any letter or other writing.

6.     Taking and detaining, secreting or destroying any letter.

7.     The above sections not applicable to wail carriers and pest masters

8.     Detaining, opening, secreting, or embezzling a letter net containing any writing of value, by a postmaster and others.

9.     Where the letter contains any writing of value.

10.  Deserting a mail.

11.  Robbing a mail.

12.  Robbing by the use of a dangerous weapon.

13.  Attempt to rob.

14.  Stealing a mail, or stealing from a wail.

15.  One half of all pecuniary penalties to go to informers and prosecutors.

16.  Duties of masters of vessels as to delivery of letters.

17.  No letters, newspapers, etc., to be carried outside the mail unless Hawaiian postage is paid.

18.  No inter-island letters to be transmitted by wail unless previously stamped.

19.  Coasting vessels to have a locked post office box or bag.

20.  Forging, counterfeiting, obliteration of stamps.

21.  Violation. of mail bags.

 

1. Whoever shall open and read, or cause to be read, any sealed letter, belonging to another, without being authorized so to do, either by the writer of such letter or the person to whom it is addressed, or by law, shall be punished by fine not exceeding fifty dollars, or by imprisonment at hard labor not more than twenty days.

 

2.  If such letter be opened and read by inadvertence or by mistake, as for example, when the letter is addressed to another person of the same name as the one who opens it, such opening and reading is no offense.

 

3.  Whoever shall maliciously publish or circulate the whole or any part of a sealed letter opened as described in the first section of this chapter, without legal authority, and knowing the manner in which it was obtained, shall be punished by fine not exceeding one hundred dollars, or by imprisonment at hard labor not more than thirty days.

 

4.  If property of any assignable value be taken from such letter, it is larceny.

 

5.  Whoever shall take any letter, whether sealed or not, or any writing whatever, from the legal possession of another, without his consent, and shall maliciously publish the same, shall be punished by fine not exceeding one hundred dollars, or by imprisonment at hard labor not more than thirty days.

 

6.  Whoever shall take any letter, whether sealed or not, belonging to another, and detain, secrete, embezzle or destroy the same, shall be punished by fine not exceeding two hundred dollars, or by imprisonment at hard labor not more than sixty days.

 

7.  The above sections apply to persons other than those entrusted with the charge or carrying of mails, employed in any of the post office departments.

 

      8.  If any postmaster, collector, clerk or other person, employed in any custom house or post office, or any mail carrier rot other person having charge of any mail, shall unlawfully detain or open any letter, packet, bag, or mail of letters, with which he shall be entrusted, or which shall have come to his possession, and which is intended to be conveyed by post; or if any such person shall secrete, embezzle or destroy any letter or packet entrusted to such person as aforesaid and which shall not contain any bill, draft, note or other writing of value, he shall be punished by fine not exceeding three hundred dollars, or by imprisonment at hard labor not more than six months.

 

9.  If any person as aforesaid, shall secrete, embezzle, or destroy any letter, packet, bag or mail of letters with which he shall be entrusted, or which shall have come to his possession, and intended to be conveyed by post, containing any bill of exchange, draft,. promissory note, contract, or other writing of value; or if such person shall steal or take away any such bill, draft, note, contract or other writing of value, out of any letter, packet, bag or mail of letters that shall come to his possession, shall be punished by imprisonment at hard labor not exceeding ten nor less than one year.

 

10.   If any mail carrier or other person having charge of any mail, shall quit and desert the same before such person delivers it into the post office to which it belongs, or into the hands of some person authorized to receive the same, shall be punished by fine not exceeding five hundred dollars, and in default of the payment thereof, by imprisonment at hard labor, not more than six months.

 

11. Whoever shall rob any carrier of any mail of this kingdom, or any other person entrusted therewith, shall be punished by imprisonment at hard labor not exceeding ten, nor less than five years.

 

12.  Whoever in effecting such robbery, shall wound the person having the custody of such mail, or put his life in jeopardy by the use of any dangerous weapon, shall be punished by imprisonment at hard labor for life or any number of years, in, the discretion of the court.

 

13. Whoever shall attempt to rob any mail of this kingdom by assaulting any person having custody thereof, shooting at him, or threatening him with dangerous weapons, shall, though the robbery is not effected, be punished by imprisonment at hard labor not exceeding five nor less than two years.

 

14.   Whoever shall steal any mail, or steal from any mail, or any post office, any letter or packet, shall be punished by imprisonment at hard labor not exceeding five years, nor less than one year.

 

15. One half of all pecuniary penalties incurred under any of the provisions of this chapter shall, if paid, go to the use of the person informing and prosecuting for the same.

 

16.  No ship or vessel from a foreign port, arriving at any port of these islands, where a post office is established, shall be permitted to report, make entry, or break bulk, until the master or commander shall have delivered to the postmaster at such port all letters directed to any person or persons within this kingdom, which; under his care, or within his power; shall be brought in such ship or vessel, except such us directed to the owner or consignee of the ship or vessel; and the postmaster to whom such letters shall be delivered, shall pay to said master or commander as remuneration therefor, a sum not exceeding two cents for every letter so delivered. And it shall be the duty of the collector, or other officer of the port, empowered to receive entries of ships or vessels, to require, from every master or commander of such ship or vessel, an oath, or affirmation, purporting that he has delivered all such letters except as aforesaid. And if any commander or master of any ship or vessel shall break bulk before he shall have complied with the requirements of this article, he shall, on conviction thereof before any court, forfeit for every such offense, a sum not less than one hundred, nor more than five hundred dollars; and in default of payment, his vessel shall be liable to seizure, condemnation and sale, in order to satisfy such penalty. (1860, p. 5, Civil Code, Section .401.)

 

17.   No ship or vessel leaving any port of the Hawaiian Islands, where a post office is established, shall be permitted to carry any letters, newspapers, or other mailable matter, outside the mail, unless the Hawaiian postage on the same shall have been previously paid. And if any commander or master of any ship or vessel shall not comply with the requirements of this section, for every such offense he shall, on conviction thereof, forfeit a sum not less than one hundred, nor exceeding five hundred dollars; and such ship or vessel shall be liable to seizure, condemnation and sale, in order to enforce the payment of such forfeiture. (Civil Code, Section 405.)

 

18.  No inter-island letters shall be transmitted by mail unless previously stamped, and it shall be unlawful for any individual to convey any letter or letters from port to port; Provided, however, that in case of a deficiency of stamps, the postmaster, at the place of mailing, may receive an equivalent in money, and mark such letter “paid,” and subscribe his name thereto, and such letters shall be transmitted in due course of mail. Any person conveying any letter or letters in contravention of this section shall be liable to a fine of not less than five or more than fifty dollars, to be recovered before any Police or District at the suit of the Postmaster General, or any postal agent throughout the kingdom; one-hall of which fine shall be paid to any person informing of the violation of this law. (Civil Code, Section 407, 1864—5, p. 8.)

 

19.  Each coasting vessel shall have, placed in some conspicuous and convenient place, a locked post office box or bag, legibly lettered, and the master of every such vessel shall act as a route agent for the post office; and all letters properly stamped and placed in such box or bag, shall be delivered by the route agent to the nearest postmaster, according to its direction; but the routeagent before delivering, shall deface or obliterate the stamp or stamps on any letters so mailed, on pain of a fine of not less than ten or mere than fifty dollars, to be recovered before any police or district justice; and on a repetition of such offense the license of the vessel commanded by such postal agent shall be liable to be revoked by the Collector General of Customs, after conviction before any police justice, at the complaints of any postal agents. (Civil Code, Sec. 407A, 1864—5, p 8.) I

 

20. The Postmaster General is hereby authorized to issue and sell on account of his department, postage stamps, of such denominations as the public convenience may require. If any person or persons shall forge or counterfeit any stamp of the post office department, issued by authority of law, or if they shall obliterate the mark of any stamp for the purpose of using the same for a second time, they shall be adjudged guilty of felony, and on conviction thereof, be fined a sum not exceeding five hundred dollars, or imprisoned at hard labor for a term not more than one year, in the discretion of the court. (Civil Code, Section 408.)

 

21.  If any person or persons shall rip, cut, untie, unlock, or in any way open any mail bag, valise, or portmanteau, containing letters or mailable matter of the Hawaiian Kingdom, without due authority of the Postmaster General, said person or persons shall, upon conviction thereof, for every such offense, pay a sum of not less than fifty dollars, or more than five hundred dollars; or be imprisoned at hard labor for a period not exceeding two years, or both, in the discretion of the court.  (Civil Code, Section 415.)