§ 18. Where an act is done or a fact or effect takes place within this Territory affecting the welfare of the Territory or the personal safety, the property or rights of any of its inhabitants, being within this Ter ritory, any person causing, procuring, machinating, or promoting the same, or instigating another thereto, or aiding or assisting therein, is amenable to the laws of this Territory, whether he be at the time within or without its limits.

§ 19. Where the commission of an offense commenced without this Territory is consummated within it, the offender is subject to be prosecuted and punished therefor in this Territory.

§ 20. Nothing in this chapter contained shall be construed contrary to the law and usages of nations.

NOTE TO CHAPTER 3.

§§ 17-20 are P. C., ch. 3, unaltered.

CHAPTER 4.

CAPACITY AND RESPONSIBILITY.

§ 21. An infant, under seven years of age, shall be deemed incompetent to commit an offense.

§ 22. Between the ages of seven and fourteen years, competency to commit any alleged offense, and the fact that the accused acted with intelligence and understanding of the nature of the act, shall be determined by the evidence of the case without any general presumption for or against the same.

§ 23. Any person who, by reason of his idiocy or mental imbecility, is not competent to discern the nature and criminality of an act done by him, shall not be held criminally responsible for such act.

§ 24. Any person acting under mental derangement, rendering him incompetent to discern the nature and criminality of an act done by him, shall not be subject to punishment therefor: Provided, however, That if any such person, while capable of discerning the nature and criminality of any act, entertained the intent to do the same, and subsequently does it in pursuance and execution of such intent, he shall be held responsible therefor, though the same be done in such state of mental derangement; and so also if any person voluntarily or heedlessly induce the mental derangement by intoxication or otherwise.

$25. No person shall be held criminally responsible for any act to the doing of which he is compelled by force which he can not resist, or from which he can not escape: Provided, however, That no compulsion shall be presumed without evidence; and no one shall be able to justify himself against a charge of his doing an injury to another by showing the threat or imminent danger of an equal or less injury to himself.

NOTE TO CHAPTER 4.

§§ 21-25 are P. C., ch. 4, unaltered.

Case in Hawaiian Reports: Day v. Day, 8 Haw., 720.

CHAPTER 5.

PRINCIPALS AND ACCESSORIES.

§ 26. All who take part in the commission of any offense, or, being present, aid, incite, countenance, or encourage others in the commission thereof, shall be deemed principals therein.

§ 27. Any person who, not himself being present at the commission of an offense, abets another in the commission thereof, or procures, counsels, incites, commands, or hires another to commit the same, which such other thereupon in pursuance thereof commits, is an accessory before the fact to the commission of such offense.

§ 28. Every person who aids in the commission of an offense, or is accessory before the fact thereto, is guilty of such offense, and shall be subject to punishment therefor, in the same manner and to the same effect as if he had been present at the commission thereof and actually taken part therein.

NOTE TO CHAPTER 5.

§§ 26-28 are P. C., ch. 5, unaltered.

Accessories after the fact, see P. L., ch. 45.

Cases in Hawaiian Reports: 7 Haw., 562; Hang Fook v. Govt., 9 Haw., 594; Govt. v. Oishi, 9 Haw., 645.

[CHAPTER 6.]

[§§ 29-36.]

CHAPTER 7.

HOMICIDAL OFFENSES.

§ 37. Murder is the killing of any human being with malice aforethought, without authority, justification, or extenuation by law, and is of two degrees, the first and second, which shall be found by the jury. $38. When the act of killing another is proved, malice aforethought shall be presumed and the burthen shall rest upon the party who committed the killing to show that it did not exist, or a legal justification or extenuation therefor.

§ 39. Murder committed with deliberate premeditated malice aforethought, or in the commission of or attempt to commit any crime punishable with death, or committed with extreme atrocity or cruelty, is murder in the first degree.

§ 40. Murder not appearing to be in the first degree is murder in the second degree.

§ 41. Whoever is guilty of murder in the first degree shall suffer the punishment of death.

§ 42. Whoever is guilty of murder in the second degree shall be punished by imprisonment at hard labor for life, or for a term of years not less than twenty, in the discretion of the court.

§ 43. In every case of sentence to punishment by death the court may, in their discretion, order the body of the convict to be dissected, and the marshal in such case shall deliver the dead body to any surgeon who may wish to have the body for dissection.

§ 44. Whoever kills a human being without malice aforethought, and without authority, justification, or extenuation by law, is guilty of the offense of manslaughter.

§ 45. Manslaughter is of three degrees, and the jury under an indictment for murder or manslaughter may return a verdict of manslaughter in either degree, or of assault and battery, as the facts proved will

warrant.

§ 46. Whoever is guilty of manslaughter in the first degree shall be punished by imprisonment at hard labor for a term of years not less than ten nor more than twenty, in the discretion of the court.

§ 47. Whoever is guilty of manslaughter in the second degree shall

be punished by imprisonment at hard labor not more than ten years or less than five years.

§ 48. Whoever is guilty of manslaughter in the third degree shall be punished by imprisonment at hard labor not more than five years, or by a fine not more than one thousand dollars, in the discretion of the court.

§ 49. Whoever, under an indictment for murder or manslaughter, shall be found guilty of assault and battery, as provided in section 45, shall be punished by imprisonment at hard labor not more than two years, or by fine not exceeding five hundred dollars, in the discretion of the court.

§ 50. No person shall be adjudged to have killed another unless death ensues within a year and a day from the injury inflicted.

NOTE TO CHAPTER 7.

§§ 37-41 are S. L. 1890, ch. 71. § 42 is S. L. 1892, ch. 29. §§ 43-50 are P. C., ch. 7, §§ 4-11.

Cases in Hawaiian Reports: R. v. Tin Ah Chin, 3 Haw., 90; R. v. Keanu, 5 Haw., 173; R. v. Bridges, 5 Haw., 467; K. v. Ahop, 7 Haw., 556; R. v. Wo Sow, 7 Haw., 734; R. v. Akana, 7 Haw., 549; R. v. Lau Kin Chew, 8 Haw., 370; Govt. v. Hering, 9 Haw., 184; Govt. v. Caecires, 9 Haw., 522.

CHAPTER 8.

DUELLING.

§51. Whoever shall kill another in a duel fought in pursuance of an appointment with, or with the assent of the party killed, shall be adjudged guilty of manslaughter in the first degree, and suffer the punishment prescribed for that offense by the laws of this Territory.

§52. Any person who shall engage in a duel with any deadly weapon, although no homicide shall ensue, or shall challenge another to fight 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 a 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 Territory.

$53. Any person who shall accept any such challenge or who shall knowingly carry or deliver any such challenge or message, whether a duel ensue or not, and any person who shall be present at the fighting of a 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 a 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 offense.

§54. Any person who shall post another, or in writing or print use any reproachful or contemptuous language to or concerning another for not fighting a duel or for not sending or accepting a challenge, shall be punished by a fine not exceeding two hundred and fifty dollars.

NOTE TO CHAPTER 8.

§§51-54 are P. C. ch. 8, unaltered.

CHAPTER 9.

ASSAULT AND BATTERY.

§ 55. An assault is a malicious attempt forcibly to do a corporal injury to another without authority or justification by law.

§ 56. A battery, or an assault and battery, is the malicious and forcible infliction of a corporal injury on another without authority or justification by law.

§ 57. Whoever with malicious attempt to maim or disfigure or mutilate shall cut out or maim 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 disable any limb, member, or bodily organ of another shall be punished by a fine not exceeding one thousand dollars and imprisonment at hard labor not exceeding ten years.

§ 58. Whoever shall assault another with intent to murder, or to maim or disfigure his person in any of the ways mentioned in the preceding section, shall be judged guilty of assault in the first degree, and shall be punished by a fine not exceeding one thousand dollars and imprisonment at hard labor not more than five years.

59. Whoever being armed with a dangerous weapon shall assault another with intent to commit burglary, robbery, manslaughter, or murder, or other crime of such character, shall be punished by a fine not exceeding one thousand dollars and imprisonment at hard labor not more than ten years.

§ 60. Whoever not being armed with a dangerous weapon shall assault another with force and violence with intent to commit burglary, robbery, or theft shall be punished by a fine not to exceed five hundred dollars and imprisonment at hard labor not to exceed five years.

§ 61. Whoever shall commit an assault, or an assault and battery, on any public officer, civil or judicial, with intent to resist, prevent, hinder, or obstruct him in the discharge or execution of his duty as such, shall be punished by a fine not exceeding one thousand dollars or by imprisonment at hard labor not more than two years.

§ 62. Whoever shall commit an assault, or an assault and battery, on another with a knife, sword cane, or any other weapon obviously and imminently dangerous to life shall be punished by a fine not exceeding one thousand dollars or by imprisonment at hard labor not more than two years.

§ 63. Whoever inflicts a slight corporal injury upon another, as by striking him with his fist, spitting in his face, inciting and causing a dog to bite him, or any injury of a like gravity, however slight, is guilty of an assault and battery, and shall be punished by a fine of not more than one hundred dollars or by imprisonment at hard labor not more than six months, in the discretion of the court.

§ 64. If any person assault, strike, wound, imprison, or in any other manner infract the law of nations by offering violence to the person of a public minister, such person so offending, on conviction, shall be imprisoned not exceeding five years and fined, at the discretion of the court, and, if an officer of this government, shall be liable to removal from office.

§ 64A. Upon the trial of any person charged with any offense enumer ated in sections 55-64, he may be found guilty of any offense necessarily included in that with which he is charged, as the facts proved will warrant.

[§§ 65–67.]

FOOT BINDING.

§ 68. Every person who without authority or justification by law shall injure, distort, or deform the feet of any female child under the age of eighteen years shall be punished by a fine not exceeding five hundred dollars or by imprisonment at hard labor not exceeding two

years.

§ 69. No person shall be disqualified from testifying concerning any offense committed under section 68 on the ground that his testimony might criminate himself; but he shall not be prosecuted for any matter in respect of which he shall have testified.

NOTE TO CHAPTER 9.

§ 58 is S. L. 1898, act 20.
§ 62 is S. L. 1896, act 37.
9, § 10. § 64A is S. L.

§§ 59-60 are P, C., Ch. 9, § 62 is S. L. 1874, Ch. 1898, act 6. §§ 68-69 are

§§ 55-57 are P. C., Ch. 9, §§ 1-3. §§ 5-6. § 61 is S. L. 1896, act 34. 15, C. L. p. 559. § 64 is P. C., Ch. S. L. 1896, act 44. Cases in Hawaiian Reports: R. v. Howard, 1 Haw., 40; Irwin v. Porter, 1 Haw., 93; Coffin v. Spencer, 2 Haw., 23; Burrmeister v. Leyer, 2 Haw., 255; R. v. Young Quai, 8 Haw., 282; R. v. Ah Lum, 8 Haw., 377; Re Titcomb, 9 Haw., 131; Gov't v. Gallagher, 9 Haw., 588; Gov't v. Pahia, 9 Haw., 604; R. v. Li Shai, 10 Haw., 262.

CHAPTER 10.

KIDNAPPING-UNLAWFUL IMPRISONMENT AND CHILD STEALING.

§ 70. Whoever kidnaps, that is, forcibly or fraudulently and deceit fully, and without authority by law, imprisons, seizes, detains, or inveigles away any person, with intent to cause such person to be secreted within this Territory against his will, or sent out of this Territory against his will, or sold or held as a slave, shall be punished by a fine not exceeding one thousand dollars and be imprisoned at hard labor not more than two years.

§ 71. Whoever maliciously, without authority by law, imprisons another, or causes anyone to be imprisoned, such imprisonment not appearing to be kidnapping, shall be punished by imprisonment at hard labor not exceeding one year or by a fine not exceeding two hundred dollars.

§ 72. In the trial of any person for kidnapping or unlawful imprisonment, any alleged assent of the person charged to have been kidnapped or unlawfully imprisoned shall be presumed to have been obtained by fraud or extorted by duress or threats, and shall, unless such presumption shall be rebutted by satisfactory proof to the contrary thereof, be null and of no avail in defense against the charge of such offense.

§ 73. Whoever is guilty of child stealing, that is, maliciously, by traud, force, or deception, conveying, leading, inveigling, taking, decoying, or enticing away, or detaining or concealing any child under the age of eighteen years, with intent to deprive its parent or guardian, or any person having lawful charge of it, of the custody and control of such child, or with intent to steal any article upon or about the person of such child, shall be punished by imprisonment at hard labor not more than two years or by fine not exceeding five hundred dollars, or both, in the discretion of the court.

§ 74. Whoever receives or harbors any such child, knowing the same to be stolen, with the intent specified in the preceding section, shall be subject to like punishment as for child stealing.

§ 75. The two preceding sections are not applicable to the case where one obtains, detains, or receives a child from motives of humanity, to protect it from cruelty, or save it from suffering, or in good faith as being the legal parent, guardian, or master, and entitled by law to the custody of any child, and for the purpose of asserting and vindicating such right, or as being the reputed father of such child, the same being illegitimate; but the right to the custody of the child shall, nevertheless, in either such case, be subject to be determined by the courts or judges upon the institution of suitable legal proceedings between the parties.