Polynesian., 1850-07-27

gered, be punished by fine not less than FIVE
dollars, nor exceeding FIVE hundred, or in
case the personal safety Of any person is not
so endangered, BY fine not less than FIVE
dollars, nor exceeding one hundred.
4. Whoever frightens, exasperates OF
animates horse or other animal, and there
by eudangers the personal safety or the pro-
perty Of any person, or of the animal itself,
being that Of another, shall be punished in
case the personal safety Of any person is
thereby imminenty endangered, by fine not
less than five dollars, nor exceeding FIVE hun
dred: otherwise by fine not less than FIVE
dollars nor exceeding one hundred.
5. Whoever is convicted of either of the
oAenses specified in the preceding sections,
committed after previous conviction and
sentence for either Of such offeDses, shall
be punished in addition TO the fine imposed,
by Imprisonment at hard labor not exceeding
six months.
CHAPTER XXVIII.-Perjury.
l. Perjury is wiIlfihly, knI xingly and
falsely stating, verbally OF in writing, some
laying the hand on The bible, where the oath
is required by law, or The requiring Of it is
authorized by law.
2. An assent TO, or denial of fact, is
stating fact, within the meaning Of the pre-
cediDg section. AS. for example, by reply
ing yes or no TO question, or by using some
other evident sigu OF assent or dissent.
8. Ii is requisite to constitute perjury that
the oath should be duly administered by one
having legal authority to administer the
same, either in person or through an inter-
prefer.
4. A material fact in respect to perjury
is one that is pertinent TO, and affects, or
may or might affect the matter in question,
as being distinguished from impertnent,
idle, irrelevant or Insignificant facts.
5. A false statement willfully and know
ingly made by witness or deponent of his
belief, recollection, best recollection, know
ledge or impression, of a material fact, is
perjury, within the meaning of the first sec
ton.
6. A statement, though it be literally
true, if it is made TO convey false mean
ing, and is understood in such sense, is per-
jury, within the meaning of the first section.
z. 1t is not necessary to perjury that the
false statement should be credited or have
weight
3. If witness make an erroneous state
ment through mistake, it is not perjury.
g. If witness having falsely stated a
fact, shall, pending the trial Or occasion,
voluntarily, and without solicitation, ques-
ton or suggestion leading thereto, retract
and correct such false statement in time to
prevent prejudice or injury iherefrom, he
shall not be subject to prosecution or pun
| ishment therefor.
10. Whoever commits perjury on COM
plant or proceeding against or trial Of any
one for crime subject TO capital punish
ment, evidently tending to charge him with,
or convict him Of, such crime, in case he
shall be charged with or convicted Of the
same, is guilty Of perjury in the first degree,
and shall be punished by Imprisonment at
hard labor for life or any number Of years,
! in the discretion of the court.
IL. Whoever commits any perjury Of
character differing from that defined in the
preceding section is guilty Of perjury in the
second degree, and shall be punished by
imprisonment at hard labor not more than
ten years.
IL. Suborna,ion Of perjury is the willfully
and corruptly procuring another to commit
perjury and whoever is guilty Of the same
shall be subject to the punishment above
prescribed for perjury in the same degree.
| I3. Whoever shall be convicted of per-
| jury in either degree, or subornation OF
perjury, shall be rendered incompetent as
witness, and subject to civil disqualified
tion.
CHATTER XXIX.-Conspiraey.
1. A conspiracy is malicious or fraudu-
lent combination or mutual undertaking or
concerting together Of two or more, to com
NIT any oflense or instigaie any one thereto,
or charge any one Herewith or TO do what
plainly and directly tends TO excite or occa-
sion offense, or what is obviously and dt-
rectly wrongfully injurious to another:
For instance
A confederacy 10 commit murder, rob-
berry, theft, burglary or any other of.ense
provided for in the criminal code; 10 pre-
vent, obs,ruct, defeat or pervert the course
of justice, by suborning witness, ramPer-
ing with jurors or the like offenses
TO groundlessly accuse any one ot, and
cause him to be prosecuted for an offense
To charge any one with an offense, with
the intent and for the purpose o. extorllng
money from him:
To falsely charge one with being the Ia
ther Of an illegitmate child:
To cheat another by means of false to-
kens and pretences
To manufacture spurious article for the
purpose Of defrauding whomsoever the same
1 can be sold to:
To destroy will and thereby prejudice
the devisees
! To prevent another by indirect and s'nls.
Ter means, from exercising bis trade, and