Polynesian., 1850-07-27
Bp AUTHORITY
AN ACT
ESTABLISHING A PENAL CODE.
Continued from last reek

ESTABLISHING A PENAL CODE.
Continued from last week.
CHATTER XXI.-Receiring Stolen Goods
l. The receiving of stolen goods is, in
contract or otherwise, the frauduIently ta-
king, accepting of, OBTAINING, keeping, con-
cealing, or disposing of, the goods Of an
other, stolen, embezzed, or illegally ex-
torted by any one, or aiding therein, wheth-
Ter the same were so stolen, embezzled, or
so extorted within or without this kingdom.
2. 1t is not requisite in order to consti-
tute the ofense Of receiving stolen goods,
that the receiver should intend any profit
or benefit to himself.
8. Whoever without fraud, obtains pos
session or control of goods, knowing them
to be stolen, and afterwards fraudulently de-
tains, keeps, conceals, or disposes of the
same, or aids therein, with the intent that
the same shall no; be restored to the own
er, but that the owner shall be deprived and
despoiled thereof, or Of the benefit thereof,
lis guilty Of the offense of receiving stolen
goods.
4. Receiving any specific part of the
same thing that is stolen, is receiving sto-
len goods as for example, part Of the
carcass of stolen animal, or piece Of a
machine, broken in pieces after being sto-
len.
S. Whoever is guilty of receiving stolen
goods to the amount of twenty dollars or
more, shall be punished by Imprisonment at
hard labor not more than FIVE years, and by
fine not exceeding five hundred dollars ;
and if it be to an amount less than twenty
dollars, he shall be punished by imprison-
ment at hard labor not more than one year,
and by fine not exceeding fifty dollars Pro-
.vided, however, if this is the first offense,
and the convict shall make satisfaction to
the party injured to the full value of the pro-
perty, he shall not be subject to punishment
by Imprisonment for such offense.
6. If any person is convicted OF receiv-
ing stolen goods, after having been previous
| ly convicted of such offense, or is convict
ed at the same term of the court Of three OF
more distinct acts Of receiving stolen goods,
he is common receiver of stolen goods,
and shall be punished by Imprisonment al
hard labor not more than ten years, and by
fine not exceeding one thousand dollars.
Z. In any prosecution for receiving stoler
goods, it shall not be necessary to aver, mol
on the trial to prove, that the person who
stolen the goods has been convicted.
| CHAPTER XXII-Gross Cheats.
1. Whoever shall designedly, by any
false pretence, and with intent to deiraud
obtain from another, any money, goods, Oh
other thing of value, is guilty of a gross
cheat for example, the obtaining of mon.
ey or other property from another under
false pretence Of being sent for the same by
friend or acquaintance Of his or obtain.
ing money by means Of letter fabricated iu
the name Of another
g. Whoever shall, by any false pretence,
and with intent 10 defraud, obtain the sigma
ture of any person to any written instru.
ment, the false making whereof would be
punishable as forgery, is guilty OF gross
cheat for example, by falsely reading a
promissory note or other pecuniary obl;ga-
lion, with intent 10 procure the same to be
signed by person unable to read.
8. Whoever, in the sale or purchase ol
any merchandise or other property, shall
use any false weight or measure or cheat
another by the fraudulent use Of any lega
weight or measure as for example, by
dexlrously sliding yard stick, or by put
ting some other thing into measure partly
to fill the same, even though the vendee and
vendor be present, is guilty of gross cheat
! 4. Whoever shall knowingly sell any kind
OF diseased, corrupted, c. unwbolesome
provisions for the food Of man, without ma
king the same fully known to the buyer, is
guilty of gross cheat,
/! 5. whoever shall knowingly compound,
prepare, or adulterate any substance intend
ed for food, drink or medicine for man.
with any Ingredient or matter so as to render
such food, drink or medicine injurious tc
health or knowingly procure such SUBJ
stance to be compounded, prepared, Oh
adulterated, is guilty Of gross cheat.
6. Gross cheats are of two degrees, ane
the degree is a fact to be determined in eacf
case and when the degree does not ap'
near by the verdict, record, or decision, the
case shall be considered in the second de-
Igree.
i 7. Whoever is guilty of gross cheat ir
1.-The first degree, shall be punished by Inn
prisonment at hard labor not more than five
years, or by fine not exceeding FIVE hundred
dollars.
8. Whoever is guilty Of gross cheat il
the second degree, shall be punished by i'm
prisonment at hard labor not more than sixty
days, or by fine not exceeding fifty dollars.
| 9. No person shall be exempted from
criminal prosecution for gross cheating, BY
treason of the party cheated having remed!
against him by civil action.
ICHAprER XXIII.-.4rson and other .Maiiciou
80. Burnings.
| 1. Arson is crime Of willfully and mali
ciously burning the dwelling house Of an
other. !,
!. 2. Whoever willfully and malicious.
/, L. H. l,poltson hnlic