Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864, 1850-07-13

satisfactory proof TO the contrary thereof
be null and of no avail in defense agaips
the charge Of such ofiense. =
4. Whoever is guilty Of child-siealn
that is, maliciously by fraud, force or deceh
ton, conveying, leading, mveigling, takir
decoying, or enticing away, or detaini.
or conceaing any child under the age n
eighteen years, with intent to deprive e
parent or guardian, or any person hav n
lawful charge of it, Of The custody and &C
troll Of such child, or with intent to steal aP.
article upon or about the person of SUI
child, shall be punished by Imprisonment )
hard labor not more than two years, or |
fine not exceeding five hundred dollars, {
both, in the discretion of The ccul -.
5. Whoever receives or harbors any suCi
child, knowing the same to be stolen, Wit
the intent specified in the preceding section
shall be subject TO like punishment as f
child stealing. ,
6. The two preceding sections are n'
applicable TO the case where one obtains
detains, or receives child from motive
of humanity, TO protect il from cruelty, c
save it from suffering, or in good faith
being the legal parent, guardian or master
and entitled by law to the custody of an
ehilo, and for the purpose Of asserting an
vindicaling such right, or as being the re
puted father Of such child, The same beir
illegitimale but the right TO the custody !,
the child, shall nevertheless, in either sue
case, be subject 10 be determined by Il
courts or judges upon the institution Of sui
able legal proceedings between The parties
CHAPTER XI -CarnaI .4buse of Child1ss
.4bduction- Seduction. II
l. Whoever commits rape, that is, ra's
isles or has carnal intercourse with any =
male, by force and against her will, shall L
punished by fine not exceeding one tho,
sand dollars, and Imprisonment at hard labt
for life or any number OF years.
Q. Whoever ravishes or carnally abuse
and knows any female child under the az
Of ten years, shall suffer the punishment
death, or Imprisonment for life at hard lal
in the discretion of the court. d
8. Whoever maliciously assaults any e.
male with the intent TO commit the crimeIr
rape, or maliciously assaults any fema e ch :
under the age of ten years, shall be punis
ed by fine not exceeding onethousand d,
lars, and Imprisonment at hard labor for Ioi
more than five years. % %
4. Whoever commits the offense of abdl
ton, that is, by force or deception, takes
entices away or detains any female, ",
intent to marry or TO carnally defle her,
cause her TO be married or carnally defle-,
without her consent given previously TO han
being so taken or enticed away Or detaine
shall be punished by fine not TO excee.
five hundred dollars, and Imprisonment =
hard labor not more than three years. ),
If the female so abducted be chi /,
under ten years Of age, such abduction sh; ,
be conchsiveIy presumed to be by fore,
and without Der consent and against her viii
6. Whoever, by conspiracy or by Wilt
falsehood or deceit, seduces, causes or pre-
cures any unmarried female to commit foy
nication, shall be punished by fine not e|i
ceeding one thousand dollars, or by impris
onment at hard labor not more than tvs
years Provided, however, that in case III
parties 10 such fornication, subsequently lt
gally intermarry together the above penala
shall not thereupon be inflicted.
Z. The female upon whom rape is alleg
ed TO have been committed, or who is al
legged 10 have been abducted or seduced, j
competent witness in prosecution for sue
rape, abduction or seduction but no perso.
shall be convicted Of rape, seduction orab
duction, upon the mere testimony OF sue.
female uncorroborated by other evidenc,
direct or circumstantial. )
CHATTER XII Causing .4bortion Cor
cealing The death Of an Infaut. !,
The causing of abortions has from ancieq
times been great sin in this land, therefor
it is hereby enacted {: :
l. Whoever maliciously, without lawfs
justification, administers, or causes or pro
cures to be administered any poison or no;
ious thing to woman then with child, :.
order TO produce her miscarriage. or NAL,
ciously uses any instrument or other NEAR
with hike intent, shall, if suchwoman be the.
quick with child, be punished by fine not e.
ceeding one thousand dollars and imprisof
menl at hard labor not more than 6,'
years. And if she be then not quick vii
child, shall be punished by fine not eS
ceeding five hundred dollars, and imprisof
ment at hard labor not more than tw
years.
2. Where means Of causing abortion ar
used for the purpose Of saving the life
the woman, the surgeon or other person u
ing such means is lawfully justified
8. IF any woman conceals the death al
any issue of her body, whether born aliv
or not, which, if born alive, would hav
been bastard, so that it may not b
known, whether such issue was born aliv
or not, or whether it was murdered, sbd
shall be punished By fine moi exceeding onf
hundred dollars, and imprisonment at hard
lohor not vnoro fhap tro xears