Polynesian., 1850-08-10

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property, is common nuisance, except the
same are fired, let off or thrown by license
OF the Governor, or, in bis absence, of the
police justice Of the town, and in conformity
with such license.
q. The importing, printing, publishing,
selling, offering for sale, putting into circu-
lation, distributing, lending, exhibiting pub
licly, or introducing into any family, school
or place of education, any obscene picture,
or pamphlet, sheet or other thing contain
ing obscene language, obscene prints, fig
ures, descriptions or representations, mani
festly tending to the corruption Of the NOR
ais of youth, or of morals generally; or buy
ing, procuring, receiving or having in pos
session, any such picture, book, pamphlet,
sheet or other thing, with intent to sell, cir
culate, distribute, lend, or exhibit the same,
or to introduce the same into any family,
school or place Of education, is common
Nuisance.
8. The ofense of common nuisance is Of
two degrees, and the degree is to be found
by the jury, or determined by the court or
magistrate authorized to decide on the facts;
nd so also the degree is TO be determined
by the court before which proceedings are
had, where the facts charged are admitted
by plea or otherwise.
9. Whoever is guilty of the offense Of
common nuisance in the first degree, for
which punishment IS not otherwise expressly
provided by statute, shall be punished by
Imprisonment at hard labor not more than
six months, or by fine not exceeding FIVE
hundred dollars.
10. Whoever is guilty Of the ofense Of
common nuisance in the second degree, for
which punishment is not otherwise expressly
provided by statute, shall be punished by
Imprisonment at hard labor not more than
two months, or by fine not exceeding twenty
five dollars.
IL. Where the lessee of building makes
the same bawdy house, the lease or contract
for letting the same shall at the option of
the lessor become void, and the lessor shall
thereupon have like remedy for recovering
possession, as against a tenant holding over
after the expiration of his term and more
over shall be entitled to rem, for the whole
term.
= l2. Any justice Of police or district
court, may issue search warrant for the
purpose of searching for any obscene books,
pamphlets, pictures, or other things, con-
tanning obscene language, prints, pictures,
figures, or descriptions manilestly tending to
the corruption Of the morals of youth; and
all such things as may be found by any Off
Ger in executing such warrant, or that may
otherwise come to the possession of any
officer, shall be safely kept, so long as shall
be necessary for the purpose Of being used
as evidence in any case, and as soon as may
be afterwards shall be destroyed by order
of the court before whom the same shall be
brought.
CHAPTER XXXVIII.--Va Vagrants. Disor-
derly persons.
1. Any idle person who is able TO work,
who habitually goes abou begging forhis own
support and profit, or for the support OF his
family, or who, without visible means OF
support, lives in idleness eating the food OF
others, and any person wandering abroad,
and not giving good account OF himself,
may be arrested and carried before any po-
lice or district justice, who shall have the
power Of committing any such person TO
the district workhouse, or TO the cutting oil
stone, or such other government work as
may be usual in the district in which such
person is arrested, for any period not ex-
ceeding six months or to bind out such
idler to labor for term not exceeding one
year at any one time, with any agriculturist,
planter or farmer in any Of The islands, or
with any mechanic or artizan. The hire paid
for the services of such idler, if any, shall
go two-thirds to the person thus apprentced
and one third to the exchequer ; and in
case the idler thus apprentced shall neg
lect or refuse to do the reasonable labor
required of him, the person TO whom ne IS
bound is authorized to use such reasonable
coercive measures, as the police or district
Justice of the district in which he resides
may from time to time indicate.
2. Any persons who having no visible
calling, support themselves for the most
part by gaming:
Any juggler or any person who prac-
tices hoomanamapa or pretends TO tell for
tunes, or where lost and stolen goods may
be found:
Any person who practices anaana OF pre-
tends to have the power Of praying per-
sons to death
Any common prostitute
Any person who is lewd' wanton' or
lascivious in speech or behavior:
Any keeper of bawdy house:
ANY common railer or brawler
ANY common drunkard:
Any person who neglects bis calling or
employment, missPends what he earns and
does not provide support for himself end
his family
Any person who is dangerous or d'sof-
derly person by reason Of his being rlo'er' ,
disturber Of the peace, going offenslsey
armed, uttering menaces or threatening
speeches, or otherwise