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

AN Az
ESTABLISHING A PENAL CODE.
Continued from last week.)
CHATTER XL.-Gaming.
|. Whoever by playing at cards, or any
other game, wiDs or loses any sum Of money
10 thing Of value is guilty Of gaming.
2. Gaming is Of two degrees, viz: ga
ming on the Lords day land where any
person shall at any one time or sitting win or
lose twenty Eve dollars or more is Of the
first degree, and other gaming is OF the Sc
cond degree.
8. Whoever is guilty Of gaming Of the
first degree shall be punished by fine not ex-
ceeding ten times the value of the money
or other thing won or lost, or by imprison-
ment at hard labor not exceeding sixty days.
4. Whoever is guilty of gaming OF the
second degree shall be punished by fine not
exceeding fifty dollars or Imprisonment at
hard labor not more than thirty days.
S. Whoever shall by playing at cards or
any other game, or by betting on the sides or
hands of such as do play, lose any sum Of
money, Of thing of value, and shall pay
or deliver the same or any part thereof,
may sue for and recover the money or value
Of the thing so lost and paid or delivered,
from the winner thereof.
6. In case the person, so losing such
money or any thing of value shall not with
in three months after such loss, in good faith
and without colusion, prosecute with effect
and without unreasonable delay for such
money or other thing Of value, it shall be
lawful for any constable or other officer or
person to sue for and recover, treble the
valueof such money or other thing, with full
costs of suit, the one half ofwhich shall go
to the person so prosecuting, and the other
half to the government, for the use Of COM
mon schools.
z. All notes, bills, bonds, mortgages or
other securities or conveyances whatever,
in which the whole or any part of the con-
sideration shall be for any money or other
thing of value won by playing at cards, or
any other game, or by betting on the sides
or hands of any person gaming, or for relm-
bursing or repaying any money, knowingly
lent or advanced for any gaming or betting,
or lent and advanced at the time and place
of such gaming and betting, to any person
SO gaming and betting, shall be void and OF
no effect, as between the parties to the
same, and as TO all persons, except such
as shall hold or claim under them, in good
faith and without notice Of the illegality
of the consideration of such contract ol
conveyance, and whenever any mortgage
or other conveyance of lands shall be ad'
Judged void, under the provisions OF tins
section, such lands shall enure to the sole
use of and benefit Of such person, as ,woult
be then entitled thereto, if the rnortgagor OF
grantor were naturally dead {; and all grant:
or ccuveyances, for preventing such lands
from coming to or devolving upon the per-
|sop, 10 whose use and bene;; the said lands
would so enure, shall be d. ,emed fraudulen
and of no effect.
8. In every suit brought to recover any
money or other thing Of value, as provided
lin section fifth of this chapter, both tht
plaintiff and defendant shall be competen
witnesses and no person other than the par
.. ties, shall be excused from testliying
touching any offense committed against any
, of the foregoing provisions relating TO ga
ming, by reason Of his having played, bet
ted or staked, at any game but the test
mony of any such person shall not be use'
against him in any suit or prosecution au
lthorized by any Of the foregoing provisions
: CHArrER XLi.-Disturbing the quiet Of th
Night.
I 1.An loud noise by night is taboo. Who
lever, after sunset, shall by hallooing, singin
lin the streets, or in any other way, maxi
, any disturbing or disorderly noise, in an.
l village, town, or part Of this kingdom
3 without iustifable cause for SO doing, shal
be liable to ummary arrest and impfison
r ment by any constable or police officer, ant
upon conviction be punished by fine no
exceeding ten dollars.
CHAPTER XLII.-Suppress;on Of Drunke"
mess.-Manufacture of Intoxicating Drinks
1. Whoever shall sell, give, purchase, o
lprocure for, and in behalf of any native o
this kingdom, or for his use, any spurious
lliouor, or other intoxicating drink or sub
stance, shall be punished by fine not ex
ceeding two hundred dollars and in de
.. fault Of the payment of such fine, by i'm
Il prisonment at hard labor for term no
! exceeding two years.
2. Whoever shall manufacture tor salt
lany intoxicating drink or substance in thu
: Kingdom, shall be liable 10 fine OF fiv'
hundred dollars and in default Of paymen
Of said fine, shall be imprisoned at hard la
lbor not exceeding two years.
8. If any victnalIing house keeper, shoI
keeper, or keeper Of tipping house, no
: duly licersed to sell spirituous liquors, sllal
.. Isel or furnish any other person than thos'
described in the first section Of this chapter
) with any spirituous liquor or other intoxica
ling drink or substance, he shall be punished
|by fine not exceeding two hundred dollar
and in default Of payment Of such fine, ..
n limprisoument at hard labor for term no
}. exceeding two years.
CHArrEe XLIH.-Keep;ng D;sorderly