Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864, 1850-08-17

fine not exceeding two thousand dollars, and
by Imprisonment at bard labor no. more than
ten years according to the nature and aggra-
vation of the ofense.
IL. Whoever belonging to the crew OF
any Hawaiian vessel, shall, on the high seas
or on any waters within the jurisdiction of
this kingdom, endeavor to make revolt or
mutiny on board such vessel, or shall con-
spire, combine or confederate, with any
other person on board to make such revolt
or mutiny, or shall solicit, incite, or stir up
any other of the crew to disobey or resist
the lawful orders Of the master or other Of
ficer Of such vessel, to refuse or neglect
their proper duty on board thereof, or shall
assemble with others in tumultuous and
mulinous manner or make riot on board
thereof, or shall unlawfully con6ne the mas
ter or other commanding officer thereof, shall
be punished by fine not exceeding one thou
sand dollars, or by imprisonmentat hard la
Dor not more than five years, or both, ac-
cording to the nature and aggravation OF the
offense.
l2. If any master or other officer Of al
Hawaiian vessel on the high seas, or on any
other waters within the jurisdiction Of this
kingdom shall maliciously and without justi6-
able cause beat, wound or imprison, any one
or more Of the crew Of said vessel or with
hold from them suitable food and nourish-
ment, or infict upon them any crael and un-
usual treatment, he shall be punished by fine
not exceeding one thousand dollars, or by
Imprisonment at hard labor not more that
five years, or both, according to the nature
and aggravation Of the ofense.
13. If any master or other officer COM
manding any Hawaiian vessel shall, during
his being abroad, malciously and without
iustifabe cause, force any officer or mari
|. ner of such vessel on shore, or leave him
behind in any foreign port or place or re-
fuse to bring home again all such officers
r and mariners whom he carried out with him
as are in a condition to return, and willing
/; to return when he shall be ready to proceed
on his homeward voyage, he shall be pun.
ished by fine not exceeding one thousand
5 dollars, or by Imprisonment at hard labor
not more than two years, according to the
aggravaiion Of the ofense.
r IA. II any offense shall be committed on
board Of any Hawaiian vessel, while lying
y in any port or place within the jurisdiction
4 of any foreign state, by any officer, mari
d ner, passenger or other person belonging to
the said vessel, it shall be cognizable and
punishable in this kingdom in the same way
2 and manner, as if said ofense had been
b committed on board of such vessel on the
high seas, and without the jurisdiction Of
y such foreign state: Provided, however,
e that If such offender shall be tried for such
i offense, and acquitted thereof, or convicted
S in any competent court of such foreign state,
: he shall not be subject to another trial in
any court of this kingdom.
: CHAPTER XLV.-.4Hempis and Inst;ga-
: tioms.
: 1. An attempt to commit an ofense, Is
r some act done towards committing, and iu
n part execution Of the intent to commit the
!, same. As, for example, putting poison il
n the way Of person, with intent thereby te
Y murder him.
n 2. A mere preparation OF the means o.
: committing any offense, nothing being done
Y in execution Of the intent to commit the
j same, is not an attempt to commit the same
n As, for example, merely procuring poison
= intended to be used for murder.
: 8. Where any offense attempted is COM
+ mitted by the party making such attempt, the
attempt is merged in the ofense.
Il 4. Where it does not appear which o
y two or more degrees Of any ofense is at
y tempted, the lowest of such degrees is pre-
!, sumed.
e 5. Whoever attempts to commit any oi
d fense, for the punishment OF which attemP
: no special provision is otherwise expressly
made, shall, il the ofense be punishable
e with death or Imprisonment for life, be pun
! ished by Imprisonment at hard labor no
+ more that ten years. And in any othei
!, case, by fine and imprisonment or either II
|, the discretion Of the court, but not exceed
e ing the punishment prescribed Tor such oi'
e fense. ..-.. - .-.5
y 6. Whoever instigates another TO the com
+ mission of any ofense, by commanding, So
;. liciting or offering to hire, or otherwise en-
: deavoring to induce him TO commit the same,
r shall be subject to the penalty of an attempt
to commit such offense.
ri z. The instigation is merged in the oi-
: tense committed in pursuance thereof, wher
n the offense is committed in such a manner
Il that the ins,igator is guilty thereof, by rea-
!, son of his being an accessory before the
Il fact or otherwise.
Il 8. If, before an offense is attempted u
: pursuance of an ins,igation thereto, the in
!, stigator repents, and countermands the
+ same. and endeavors to his utmost to pre-
}. vent the offense, he shall not be subject to
ri punishment for the insligation.
: 9. No person shall be convicted OF insti'
o.,;ng another to an offense on the mere
+ testimony Of the party protesting to have
S been so instigated, not corroborated by oin-
!. or evidence direct or circumstantial, exceP'
! in cases where it is sexpressly otherwise pro-
D vidad