Polynesian., 1850-08-24

the public prosecutor, order the sheriff to
arrest and bring before them any person
who has been bound by recognizance or
summoned to appear and give testimony
and who has not attended at the time APP
pointed, and when SO arrested the said wit
nesses may be also fined in any sum not ex-
ceediDg one hundred dollars for their neg
lect, and must remain in custody until they |
Igive their testimony and arc discharged
from farther attendance, or until they give
such security as shall satisfy the court, for
their appearance TO testify.
l8. Witnesses bound TO appear, and per
sons let out on bail, must not only attend or
the day appointed in their respective obi
cations, but at such other times as the court
shall direct, and the obligation continues,
until they are discharged by the court.
CHAPTER LII.-Fmes-Co Costs.
l. Whenever fine is imposed by any
court or magistrate, according to law, upon
any person, and such fine shall not be paid
within ten days after such imposition, or ap
appeal taken, where the trial is in court
not Of record, the court or magistrate inn
posing such fine may issue an execution for
the same, TO be levied upon the offenders
property, real or personal.
2. When fine is not paid Immediately
following the offenders conviction, he shall
be committed TO prison there to remain at
hard labor or otherwise, in the discretion Of
the court or magistrate, until such fine is
lpaid, or collected out of the offenders pro-
|perty as prescribed in the above section.
Provided, however, that when any poor
Convict shall have been imprisoned for the
lspace Of one Year for fine, or for fine and
costs only, or for either of them, any two
magistrates may order such convict to be
brought before them for examination, and il
upon enquiry, they shall be satisfied that he
has not since his conviction, had any estate,
real or personal, with which he could have
paid the SUM for which he stood committed,
and that he is held for no other cause, they
may direct the jailor, or other person hav-
ing him in custody, to discharge such con-
vict from prison.
8. Clerks Of any court, district Justices,
and other officers, who shall receive any
fines, forieiures or costs, imposed or
, awarded by any court TO the use Of the gov
ernmenf, shall keep correct accountof the
same, With the names Of the persons from
whom the same are received, and the dates
when they were received; and shall pay over
the same TO the governors of their respective
islands, except that, on the island Of Oahu,
all fines, forfeitures and costs shall be paid
to the minister of finance; and moreover,
once in three months shall render an ac-
count Of the same to said governors, or it
on Oahu, to said minister of finance.
4. If any clerk or other officer shall neg
lect to make such payment, or render such
> account, it shall be deemed sufficient cause
Of removal by the power appointing such Of
> ficer, and the governor Of the island or the
minister of finance may sue for and recover
of him, the amount Of such fines, forfeiiures
and costs, with interest from the receiving
> the same at the rate Of twenty per cent
and the costs Of suit.
II any officer having any person in his
custody, by virtue Of a sentence of court,
for the payment Of any sum as fine, forfeit
ure or costs, shall voluntarily or neggently
suffer such person TO escape, he shall be
deemed TO have received such fine, forfeit
ure or costs at the time Of the escape, and
shall be held liable to pay over the same
with interest and costs Of suit, as provided
in the preceding section.
g. Whenever a person shall be convicted
: Of an offense under any provision of the
penal code of this kingdom, his property
shall be liable for the costs incurred in his
prosecution, and The court or magistrate be-
r.. bo .al
ton therefor.
z. When such costs are not paid BY the
, party prosecuted, or collected out Of his
property, they shall be paid out Of the
treasury OF the kingdom, upon The order OF
the Judge presiding at the trial.
and District Justices IN certain cases.
l. The police courts Of Honolulu, La
laina and other towns, and also the district
Justices of the kingdom shall have jursdic-
lion for the prosecution, trial and sentence
to punishment Of any person charged with
, the following ofenses, namely
II ~ Any assault and battery coming
under the ninth section Of the ninth chapter,
llwhere the corporal injury is slight, and
, where the punishment is by fine not less than
. six nor more than one hundred dollars
(2.) Adultery, fornication and all OIL
| lenses mentioned in section four, five, SIN
land seven of the thirteenth chapter
Il (3.) Larceny in the second, third and
| fourth degrees, as described in the second,
third and fourth divisions Of the fifteenth
Iseciion Of the sixteenth chapter:
), al Embezzlement when the amount en-
! bezzled is not alleged TO exceed twenty dol
lars, as prescribed in the third section oi
! the nineteenth chapter:
! (5.) Receiving srole., goods, when the
amount received is not alleged 10 equal or
. exceed the value of twenty dollars