Polynesian., 1850-08-10
Bp Autbo ritp.
AN ACT
AIN ACI
ESTABLISHING A PENAL CODE.

AN ACT
ESTABLISHING A PENAL CODE.
CHAPTER XXXIu.-Libel. Continued
10. A libel may be of body, board,
class, society or association of individuals,
public or private, no less than of one or
more persons individually.
IL. Every public officer, and any board
or body of persons having legal jurisdic-
ton and cognizance Of matter, is privi-
legged in writing, printing or publishing in
fgood faith, and in the usual or in due course
iof proceedings, any thing, the writing, print
ing or publishing of which pertains to the le-
|gal exercise Of bis functions and legal dis
charge Of bis duty as such. For example,
judges are privileged in what concerns the
due administration Of justice, and juries in
rendering their verdicts.
IL. Any person giving testimony or ma
king statements under an oath, is not
chargeable with libel for what he testi6es
relative to the subject matter in respect to
which his testimony is required, or in per-
tinent reply to the interrogatories on which
he is examined.
13. A person shall not be subject to the
punishment for libel, for anything pertinent
to the subject matter of consideration or in
quiry, in good faith and on probable grounds,
written or printed or published by him in the
usual manner, or in due course of proceed
ingsDas party, counsel, agent, guardian,
or representative of, or in behalf of party,
or of the public, in any prosecution, suit,
petition, complaint or memorial, pending or
about to be brought before any court, jury,
arbitrator, officer, person, board, or body,
having according to law or the agreement
Of parties, authority to proceed therein.
CHAPTER XXXIV.-.afray.
1. An afray is the fighting of two or
more persons, to the terror of The King s
subjects or of the people.
2. -Affrays are of two kinds, viz those
which are aggravated, and those which are
not aggravated.
8. An affray having direct tendency to
some big gh crime or misdemeanor, or tend
ing to interfere with and disturb the course
of legislation, or the administration or ex-
ecution of the laws, or with the legal rights
of others, is an aggravated afray. So also
an affray in the presence of the King and
Council, the house of Mobiles and Repre-
|sentatives, or either of them, or Of court
of Justice while either is in session or in a
church or chapel during religious service;
or the fighting with dangerous weapons, to
the terror Of the Kings subjects, or of the
people, is an aggravated afray.
Moro vunrdc do
amount to an affray but if by reason Of
the parties being armed, or other apparent
imminent violence there be good cause Of
terror, it is an affray though there be no act
ual violence.
5. Whoever is guilty of being party
concerned in an aggravated affray, shall be
punished by Imprisonment at hard labor not
more than six months, or by fine not exceed
ing three hundred dollars.
6. Whoever is guilty of being party
concerned in an affray, the same not appear
ing to be an aggravated afray, shall be pun
ished by Imprisonment at hard labor not
more :han two months, or by fine not ex-
ceeding fifteen dollars.
CHAPTER XXXv. Drunkenness, Blasphemy,
Profanity.
1. Whoever is found drunk in any
street, road, or other public place, from the
voluntary use Of any intoxicating liquor,
shall, on the FIRST conviction for suchofense,
be punished by fine not exceeding six dol
lars, and on any conviction for any like
offense committed after the first conviction
by fine not exceeding twelve dollars, or by
Imprisonment not more than three months ;
but no prosecution for such offense shall be
sustained, unless it shall be commenced
within six months after the commission
thereof.
2. Whoever blasphemes the holy name Of
God, by denying, cursing or contumeliously
Ireproaching God, his creation, government,
or final judging Of the world or by curs-
ling or contumeliously reproaching Jesus
Christ or the Holy Ghost or by cursing
or contumeliously reproaching the holy word
of God, contained in the holy scriptures,
or exposing them to contempt or ridicule,
shall be punished by Imprisonment at hard
labor not more than one year, or by fine
not exceeding one hundred dollars.
8. Whoever, having arrived at the age
of discretion, profanely curses or swears,
shall be punished by fine fiom one to six
dollars but no prosecution for such offense
shall be sustained, unless it shall be COM
menced within thirty days after the commits
sion Of the offense.
CHATTER XXXVI.-Disiurbing Religious
Worship. Violating the Sabbath.
1. Whoever willfully interrupts or dis
turbs any religious assembly or assembly
for religious worship, whether such offender
commit such offense, within or without the
place Of assembly, and whether such offense
be committed on the Lords day or al any
other time, shall be punished by imprison-
ment at hard labor moi more than thirty days,
or by fine not exceeding fifteen dollars, ir
lthe discretion rf the court.