Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864, 1850-08-17

harbor, conceal, maintain, or assist such
person, with the intent that such person shall
avoid or escape from detection, arrest, trial
or punishment, he shall be deemed an ac-
cessory after the fact to such offense and
shall be punished, where punishment for his
offense is not otherwise expressly provided,
BY Imprisonment at hard labor no, more than
ten years, or by fine not exceeding two
thousand dollars.
2. Whoever is accessory after the fact TO
any other offense punishable by imprisoD-
ment for five years or more, shall be pun
ished where punishment is not otherwise
provided by law, by Imprisonment at hard
labor not more than two years or by 6ne
not exceeding five hundred dollars.
CHAPTER XLVII.-Former Conriciion
or .4cquittal,
/. Any person who has been tried and
convicted Of any offense before court, TIL
bunal or magistrate, having jurisdiction Of
the case, shall not be subject to subsequent
criminal prosecution therefor, and such con-
vicrion may be pleaded in bar Of any such
subsequent prosecution.
9. No person shall be subject to be tried
again for the same offense, Of which he has
been found not guilty and acquitted or for
mer trial, upon the facts and merits beforea a
court, tribunal or magistrate having jurisdic-
ton Of the case and such acquittal may
be pleaded in bar Of any such subsequent
prosecution.
8. Where the same act constitutes two
or more diverse and distinct offenses, diffe-
rent in their nature and character, one not
being merged liz the other, the offender may
be proceeded against for each, and cannot
plead conviction or acquittal for one, in
bar of proceedings against bin for the other.
a. Any person acquitted OIL trial OF any
charge Of any offense upon the ground OF
variance between the indictment, informa-
ton or complaint, and the proof, or upon
any exception to the form or the substance
of the Indictment, information or complaint,
may be subsequently tried and convicted OF
such offense under new Indictment, infor-
nation or complaint, Notwithstanding such
former acquittal.
i S. ANY public officer who is acquitted
or convicted on an impeachment for any
misdemeanor, cannot plead such conviction
or acquittal in bar Of a criminal prosecution
for the same.
CHAPTER XLvIII.-Sappress;on Of 06snsss.
i 1. When any one fears that another in
tends to commit an offense against his per
or property, with violence, he may apply
to any police or other justice, who shall
takethe declaration Of the applicant, under
oath, reduced 10 writing and il It appears
that he has reason to fear the commission Of
such offense, the Justice may cause the per-
son complained of, to be arrested and
brought before him by warrant.
! 2 Where any one so arrested is brought
before the justice he shall hear any state
|ment or proof the accused has to offer,
and If from such statement and evidence It
appears that the complainant has mistaken
the intention Of the accused, and has no
cause of fear, the prisoner shall be dis
charged il he fail in showing that the sp-
plcation is groundless, the justice shall di-
q rect the accused to give bond, in sum
proportioned to the nature Of the offense,
with sufficient surety that he will commit no
ofense against the person or property oil
the complainant.
8. If the bond be notexecuted according
TO the order Of the justice, the prisoner
shall be committed to prison, and shall re-
main in custody until the bond be so execu-
RI ted.
4. If, from the nature Of the evidence
offered, or from the demeanor Of the pris-
Iuner, the magistrate has reason TO believe
That the prisoner intends an offense against
the person or property Of any person who
cannot be designated, he may order the
bond to be conditioned that he will commit
no offense against, the person or property OF
any one.
! S. The bond shall be limited in It's ope:
ration to the term Of one year; but il may
be for a shorter time and at any lime
withiu the last month Of the year, the COM
plainant may renew his application, and the
order for security may be renewed on the
oath of the party, declaring that he sill
fears the execution Of the prisoners former
designs, provided, the justice after hestihg
the circumstances Of the case shall deem
such fear well founded. s-
6. Any Justice who Is present when any
ofense, accompanied with violence is com
mitted, may, without any other proof, order
the offender to be arrested, and compel bun
to give security in the manner above direct
ed. 10 refrain from the exercise OF any iIles
gal force. w
z. Any person who knows q ha; reason
to suspect that any o6ense asaihst the per
SON or properly oianother is Intended TO be
!, committed, may apply to a justice, who
shall hear the proof, and If he be convinced
Of the existence Of such intention, shall
:, cause the person accused TO be arrested,
, and compelled TO give security in the man
ner above directed.
4 8. Where, upon the conviction OF per-
son for an offense, it appears from the char
acter Of the offender or his conduct IN COM
i l:..:.. .Lo ofEanso there is good reason 10