Polynesian., 1850-07-27
hard labor for life, in the discretion Of the


burns in the day time, the dwelling house Of
another, is guilty Of arson in the second
degree, and shall be punished by imprison-
ment at hard labor for life, or any number
of years, in the discretion of the court.
4. A malicious burning, is the ofense Of
burning thing, whether that of the offender
or of another person, with intent to injure an
other, or without any legal or justi6able mo-
tive or object, and with reckless disregard
of the life, or personal safety, property, or
legal rights, or interests of another, where
the same are obviously, Immediately, and
imminently endangered by the burning.
S. Where the thing burnt or attempted
So be burnt, is that of another than the Of
fender, malice shall be presumed where it
it that Of the offender, the malice must be
shown.
6. Whoever willfully and maliciously, or
iraudulently burns in the night, any building,
vessel, or structure whatsoever, whether
partly or wholly his own, or that of another,
by the burning of which another might be
injured, where the buildings, vessels, or
structures burnt, are, with their contents, OF
the value Of one thousand dollars or more,
is guilty Of malicious burning in the first de-
gree, and shall be punished by imprison-
ment for life at hard labor, or any number
of years, in the discretion Of the court.
Z. Where the burning mentioned in the
preceding section, is in the day, the ofende.
is guilty of malicious burning in the second
degree, and shall be punished by imprison-
ment at hard labor not more than ten years.
8. Whoever wilfully and maliciously, or
fraudulenlly burns, either in the night or day,
any building, vessel, or structure whatso-
ever, whether partly or wholly his own OF
that Of another, by the burning of which an
other might be injured, where the buildings,
vessels, or structures burnt, are, with thelI
contents, of the value of FIVE hundred dollars
or over, and less than one thousand, is
guilty Of malicious burning in the second de-
gree, and shall be punished by Imprisonment
at hard labor not more than ten years.
Where such value is less than five hundred
dollars, it is malicious burning in the thIro
degree, and the offender shall be punished
by Imprisonment at hard labor not more thar
five years, or by fine not exceeding five hun
| y,
9. Whoever willfully and maliciousl,
burns any pile or parcel Of wood, timber
or lumber, or any field, patch, stack, or par
eel of grass, grain, cane, or other vegetable
product, whether severed from the soil, OF
not, or any standing trees, brush, or under
wood, or other standing product Of the sol
of another, is guilty of malicious burning
in the third degree, and shall be punished by
Imprisonment at hard labor not more thar
five years, or by fine not exceeding fvt
hundred dollars, in the discretion OF the
court.
10. 1t shall be sufficient to constitute
burning, within the meaning Of the provl
sions Of this chapter, if any part OF the build
ing, structure, or other thing burnt, is OF
fire, though no part thereof is absolutely
consumed.
IL. The provisions Of this chapter shal
apply TO married woman, equally with any
other person, though the property burnt Oh
set fire to may belong partly or wholly te
her husband.
CHAPTER XXIv-.Nalicious Injuries and
.Mischiefs.
1. Any injury or offense specified IN the
next section, or any one similar in kind OF
character to any of those so specified, ma
Iiciously done or caused by any one TO the
properly, right or liberty Of another, where
by another may or might be subject to loss
damage or prejudice, or disturbance in any
of his rights, liberties or privileges OF person
or property, is malicious injury within the
meaning Of the provisions of this chapter.
2. Malicious injuries are very numerous
/, for example:
a. Maliciously destroying, defacing, in
iuring or obstructing the use OF, or impair
ing the value or utility Of any building, bridge
or other structure, public or private
e., Destroying or 'njuring any tree, bush
vine, plant, crop, fruit or other vegetable
product: ;.
(3.) DESTROYING, removing, conceallns
or altering any lard mark or terrltorla
boundary or division
i ~ Drawing, letting off, or divertins
wafer from any pond, reservoir, tank, trench
pipe or other conduit, or filling up, stopping
or obs,ructing the same or preventing o.
obs,ructing the use Of any well, fountain
spring, reservoir or stream /:
(5.) Destroying, scuttling, sinking, put
ting adrift, s,randing or injuring any ship
vessel, boat, canoe or other water craft o.
iniuring the sails, rigging, furniture, or any
utensil, appurtenance or part Of any vesse
or water craft:
/ (6.) Putting up, removing, displaclng
Disgusting or otherwise injuring or render'n!
useless or deceptive any buoy, beacon, SCI
or channel mark or extinguishing the ligh
of any beacon; or exhibiting any false o
deceptive light or signab whereby 10 decelv
; navigators or others
~ Destroying, cutting, injuring or I'm
. pairing the usefulness or value OF any us IS,
net, harness, tackling, vehicle, sugar mill
coffee mill, machine, tool or implement Q
: husbandry or manufacture
. fSN Poisoning. spoiling or mixing an