Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864, 1850-07-13
Bp Autboritp.
1-a.les 1ail AN ACT tar -l4a
ESTABLISHING A PENAL CODE.
Continued from last reek.
CHAPTER VI.-Treason.

1. Treason is hereby defined to be any
plotting or attempt to dethrone or destroy
the King, or the levying of war against the
Kings government, or the adhering 10 the
enemies thereof, giving them aid and COM
fort, the same being done by person owing
allegiance to this kingdom.
g. Allegiance is the obedience and fdel-
i ity due to the kingdom from those under its
protection. -......-
8. An alien, whether his native county
be al war or at peace with this kingdom,
owes allegiance to this kingdom during his
residence therein, and during such residence,
is capable of committing treason against
this kingdom.
f. Ambassadors and other ministers of for
| eign states, and their alien secretaries, SER
wants and members of their families, do not
owe allegiance to this kingdom, though resi-
dent therein, and are not capable of com
hitting treason against this kingdom.
5. To constitute the levying Of war, con-
ltemplated in the first section of this chap
ter, it shall be requisite that the persons con-
cerned therein be parties to some overt act,
10 or towards procuring, preparing or using
force, or putting themselves in condition
in readiness 10 use force, either by being
present at such overt act, or by promoting,
aiding in, or being otherwise accessory be-
fore the fact to the same.
6. In order 10 constitute the levying of
war, the force must be employed or intend
ed to be employed for the delhroning or
destruction Of the King or in contravention
of the laws, or in opposition to the aulhori-
ty of the Kings government, with an intent
or for an object affecting some Of the branch
es or departments Of said government gen.
orally, or affecting the enactment, repeal or
enforcement Of laws in general, or of some
general law or affecting the people, or the
public tranquility generally in distinction
from some special intent or object, affecting
individuals other than the King, or partic-
ular district.
Z. An accessory before the fact to trea-
son is guilty of treason, and shall be sub
iect to prosecution, trial and punishment
therefor, though the principals more direct
IIy concerned have not been convicted, or
are not amenable to justice.
8. No person shall be convicted of irea-
son but by the testimony Of two or more
lawful witnesses to the same overt act of
treason whereof he stands charged, unless
he shall in open court, confess such treason.
9. Whoever shall commit the crime of
treason, shall suffer the punishment of death !;
and all his property shall be confscated to
the government.
10. If any person who shall have knowl-
edge of the commission OF treason against
this kingdom, shall conceal the same, and
shall not, as soon as may be, disclose and
make known such treason to the Governor
of the island on which he resides, he is
guilty of great crime, and shall be punish
ed by fine not exceeding five thousand
dollars, or Imprisonment at hard labor not
exceeding ten years, in the discretion Of
the court.
CHAPTER VII.-JMurder-JM -JManslaughter.
l. Murder is the killing of any human
being with malice aforelhought, without au-
thority, justification or extenuation by law.
g. Murder is Of two degrees. The first
degree of murder is that committed with
deliberate premeditation or in the commits
sion Of or attempt to commit rape, robbery
or burglary or any other crime punishable
with death.
8. All murder committed without delb-
crate and premedtated malice, and all other
murder not coming within the meaning of the
preceding section, is murder OF the second
degree.
4. When the act Of killing another is prov
ed, malice aforethought shall be presumed,
and the burden shall rest upon the party
who committed the killing to show that it
did not exist, OF legal justification or ex-
tenuation therefor.
5. Whoever is guilty of murder in the
frs, degree, shall be punished by death.
6. In every case of a sentence 10 pun
ishment by death, the court may, in their
discretion, order the body Of the convict,
after his execution, to be dissected, and the
Marshal in such case, shall deliver the dead
body to any surgeon, who may wish 10 have
the body for dissection.
Z. Whoever is guilty Of murder in the
second degree, shall be punished by lmpris-
onnent at hard labor for term of years not
less than FIVE nor more than twenty, in the
discretion oil the court.
8. The laws should make some allow
ance for human in6rmiiy therefore whoey-
er kills another without malice aforethought,
under the sudden impulse of passion, excl
ted by provocation or other adequate cause,
whether insult, threats, violence or other.
wise, by the party killed, Of nature tend
ing to disturb the judgment and mental facul-
lies, and weaken the possession OF self con-
troll of the killing party, is moi guilty Of muir
der but manslaughier; and shall be punished
by Imprisonment at bard labor not more than
ten years, or by fine not less than one thou
sand dollars, nor more than ten thousand
dollars.
9. Under an indictment for murder, the
jury may return verdict for murder IN Ell
thcr degree or for mansiaughter