Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864, 1850-07-13
killed another, unless death ensues within
year and day from the injury inflicted
CEAPTER VIU.-DuelIing

CEAPrER VIII.-Duelling.
l. Whoever shall kill another in duel,
fought in pursuance Of an appointment with,
or the assent Of the party killed, shall be ad-
judged guilty of murder in the second de-
gree, and suffer the punishment prescribed
therefor in the seventh chapter Of this code.
2. Any person who shall engage in duel,
with any deadly weapon, although no homi-
eide shall ensue or shall challenge another
TO fg ght such duel, or shall send or deliver
any written or verbal message purporting or
intended to be such challenge, although no
duel shall ensue, shall be punished by fine
not exceeding one thousand dollars and
shall be incapable of holding any Office or
place OF honor, profit or trust, under the
constitution or laws OF this kingdom.
8. Any person who shall accept any such
challenge, or who shall knowingly carry or
deliver any such challenge or message,
whether duel ensue or not and any per-
son who shall be present at the fighting OF
duel that is fought with deadly weapons, as
an aid, second or surgeon or who shall
advise, encourage or promote such duel,
shall be punished by fine not exceeding
five hundred dollars, and incapacitated as
mentioned in the preceding section for the
term of ten years after the conviction Of
such offence.
4. Any person who shall post another,
or, in writing or print, use any reproachful
or contemptuous language, to or concerning
another, for not fighting duel, or for moi
sending or accepting challenge, shall be
| .boJ hx,o Eno cooAicn him.
dred and fifty dollars.
CHATTER IX-.7ssauH and Battery.
l. An assault is malicious attempt for
chilly to do a corporal injury to another
without authority or justification by law.
9. "A battery, or an assault and battery,
is the malicious and forclble infiction of
corporal injury on another, without author
ity or justification by law.
3. Whoever with malicious intent to
MAIN, or dis6gure, or mutlate, shall cut
out or MAIN the tongue, put out or destroy
an eye, cut or tear off an ear, cut or slit or
mutilate the nose or lip, or destroy or dis
able any limb, member or bodily organ Of
another, shall be punished by fine not ex-
ceeding one thousand dollars, and imprison-
ment at hard labor not exceeding ten years.
| 4. Whoever shall assault another, with in
ten, to murder, ,or to MAIN or disfgure his per-
son in any of the ways mentioned in the pre-
cedng section, shall be judged guilty of as
sauIt in the first degree, and shall be punish
ed by fine not exceeding one thousand dol
lars, and Imprisonment not more than five
years.
5. Whoever being armed with danger
Gus weapon shall assault another, with intent
to commit burglary, robbery, manslaughter
or murder, or other crime of such character,
shall be punished by fine not exceeding
one thousand dollars, and Imprisonment at
hard labor not more than tepyears.
6. Whoever not being armed with dan
gerous weapon, shall assault another with
force and violence with intent to commit bur-
glary, robbery or theft, shall be punished by
fine not TO exceed five hundred dollars,
and Imprisonment at hard labor not to exceed
five years.
Z. Whoever shall commit an assault, or
an assault and battery on any public officer;
civil or Judicial, with intent TO resist, pre-
vent, hinder or obstrnct him in the discharge
or execution Of his duty as such, shall be
punished by fine not exceeding one thou
sand dollars, and Imprisonment at hard labor
not exceeding three years.
s. Whoever shall commit an assault or an
assault and battery upon another with knife,
sword cane, or any other weapon, obviously
and imminently dangerous to life, shall re-
ceve fifty lashes on his back, and be fined
one hundred dollars or be fined not to ex-
ceed five hundred dollars, and imprisoned
at hard labor not TO exceed five years, in
the discretion of the court.
9. Whoever inficts slight corporal in
jury upon another, as by striking him with
his fist splitting in his face melting and
causing dog TO bite him, or any injury Of
a like gravity, however slight, is guilty OF
an assault and battery, and shall be pun
ished by fine not less than six nor more
than one hundred dollars, or by imprison-
ment at hard labor not more than twenty
days, in the discretion of tn. court.
CHAPTER X.--UnlarfM Imprisonment and
Child Stealing.
!. Whoever kidnaps, that is, forcibly or
fraudulenily and deceitfully, and without au-
tbority by law, imprisons, seizes, detains or
inveigles away any person, with intent to
cause such person TO be secreied within this
kingdom against his will, or sent out Of this
kingdom against his will, or sold or held as
slave, shall be punished by fine not ex-
ceeding one thousand dollars, and be i'm
prsoned at harddabor not more than two
years.
g. Whoever maliciously, without author
iiy by law, imprisons another, or causes any
one to be imprisoned, such Imprisonment not
appearing to be kidnapping, shall be pun.
ished by imprisonment al hard labor not ex-
ceeding one year, or by fine not exceeding
two hundred. dollars.
8. In the trial Of any person for kldnap-
ping or unlawful Imprisonment, any alleged