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Act 186. Cooperative Associations.

ACT 186




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Be it Enacted by the Legislature of the Territory of Hawaii:

SECTION 1. Any number of persons, not less than five, who are residents in the Territory, may associate themselves as a corporation, association, society, company or exchange, for the purpose of carrying on any business or undertaking, either mercantile or agricultural, on the cooperative plan. For the pur

. poses of this Act, the words "association," "company," "exchange," "society," and "union,” shall have the same significance and shall import a corporation.

SECTION 2. The corporation shall be formed in the manner prescribed in, and be subject to, the provisions of Chapter 181 of the Revised Laws of Hawaii, 1915, and all Acts in amendment thereof and in addition thereto, so far as they are not inconsistent with the provisions of this Act; provided, that the word "cooperative" shall form a part of the name of corporations formed under this Act, and no corporation not organized under this Act shall use the word "cooperative" as part of its name.

SECTION 3. No person shall own more than ten per cent. of the shares of the capital stock of corporations formed under this Act, and no shareholder shall be entitled to more than one vote, irrespective of the number of shares held by him, on any subject pertaining to the corporation or its management.

SECTION 4. Any corporation formed under this Act may authorize the investment of its reserve fund, or any part thereof, first, in the building in which it is doing business, or, second,

Act 186. Cooperative Associations.

in first mortgages of real estate owned and occupied as a dwelling by any of its stockholders.

SECTION 5. The earnings of every such corporation shall be apportioned in the following manner:

1. Not less than ten per cent of the annual net profits shall be set aside for a reserve fund until there is accumulated in said reserve fund an amount of not less than thirty per cent. of the paid-up capital stock.

2. Dividends on the paid-up capital stock, not exceeding eight per cent. per annum, may be declared and paid.

3. The remainder of such earnings, if any, shall be distributed by a dividend upon the amount of business done with the association by shareholders and upon the amount of wages earned and paid to employees of the corporation, in proportion to such business and wages, such distribution to be made to the persons entitled thereto at such times as the by-laws of the corporation shall prescribe, which shall be at least once each year.

SECTION 6. The amount of debts which any corporation formed under this Act shall owe, shall at no time exceed the amount of its paid up capital stock plus the amount of its other assets.

SECTION 7. All books of corporations formed under this Act shall be kept in such manner as is approved by the bank examiner of the Territory, and such corporation shall, at least once each year, present for examination by such bank examiner such books as said bank examiner may require. Provided, however, that such bank examiner shall not be required to audit such books unless such corporation is doing a credit union or other fiduciary business.

SECTION 8. A corporation organized under the provisions of this Act shall be subject to the provisions of Section 3305, Revised Laws of Hawaii, 1915, relating to the payment of fees by corporations to the treasurer of the Territory.

Act 186. Cooperative Associations.
Act 187. Insane Persons and Drug Victims.

SECTION 9. This Act shall take effect upon the date of its approval.

Approved this 27th day of April, A. D. 1915.

LUCIUS E. PINKHAM, Governor of the Territory of Hawaii.

ACT 187



ABLE Class.

Be it Enacted by the Legislature of the Territory of Hawaii:

SECTION 1. There shall be established and used in connection with the insane asylum of the Territory of Hawaii, a separate department or branch thereof, to be known as the "detention house;" which shall be specially designed and equipped for the active and special medical care and treatment of insane persons of the acute and curable class, or whose recovery or improvement would in the judgment of the commissioners of insanity be facilitated by their detention separate and apart from other inmates of the asylum whose character of affliction, conduct or presence would tend to retard recovery in such apparently curable cases and where separate provision and accommodation may be made for patients more suitably with reference to their customary station in life and where patients may be separately maintained and treated wholly or in part at the expense of their own estate or relatives or other persons who may make provision therefor.

Act 187. Insane Persons and Drug Victims.

SECTION 2. Special ward. There shall be a special ward in said detention house for the reception and special care, control and treatment of persons not necessarily insane but committed thereto as patients addicted to the excessive use of drugs or liquor.

SECTION 3. For said purposes the board of health is hereby directed to select and set apart or acquire by purchase or otherwise suitable land upon which to erect a suitable building or buildings, and properly equip the same.

SECTION 4. Management of detention house. Said detention house, including the special ward, shall be under the immediate management of the superintendent of the insane asylum subject to the general direction and control of the board of health in the same manner as provided by law for the insane asylum.

SECTION 5. Use of detention house. Any person who has been committed to the insane asylum shall be subject to transfer from the main institution to said detention house, or from said detention house back to the main institution, from time to time, as the commissioners of insanity shall in their judgment order or approve. Any such person may also be transferred by the commissioners to said special ward; but no per son committed as a patient addicted to the excessive use of drugs or liquor shall be subject to transfer from the special ward to the insane asylum except upon a legal adjudication of his insanity.

SECTION 6. Trust funds for maintenance of patient. The board of health is hereby authorized to accept and hold in behalf of the Territory any grant, gift, or devise of money or property in trust for the use and benefit either for the insane asylum as a whole, or any department thereof, or for male or female patients, or for the special ward, or for the use and benefit of

Act 187. Insane Persons and Drug Victims.

any individual inmate or inmates or class of inmates of the asylum or special ward, or for any other incidental purpose; and shall cause each such gift, grant or devise to be kept as a distinct fund to be used, invested, applied and otherwise disposed of according to the terms incident thereto; and they shall include in each report to the governor a statement showing all the funds and property so received or held and the condition and application thereof.

SECTION 7. Proclamation. Special ward. Upon the completion and equipment of said detention house and special ward, the board of health shall report such facts to the governor, who shall thereupon issue a proclamation giving public notice that the said special ward is prepared to receive patients, a copy of which proclamation shall also be forwarded by mail to each circuit judge and district magistrate in the Territory.

SECTION 8. Examination as to persons addicted to the excessive use of drugs or liquor; petition; warrant. Upon the filing in any circuit or district court by any relative, next friend, or any county or city and county sheriff or deputy, of a verified petition setting forth that any person within the jurisdiction of such court is a patient addicted to the excessive use of drugs or liquor and in need of care and treatment, or that it is dangerous for said person to be at large, and also stating therein the petitioner's relationship, if any, and the indication of lack of self-control of such alleged patient in the use of any such drugs or liquor, and praying the court to enquire into the matter and commit such person as a patient addicted to the excessive use of drugs or liquor, the judge of such court shall require that such alleged patient be brought before him, and when from such petition or otherwise it appears necessary, may issue a warrant directed to the sheriff or deputy sheriff of the county or city and county or to the high sheriff or his deputy, requiring him forthwith to arrest and bring such person before the court for examination.

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