anyone for him. For instance, estrays and cattle ranging the commons or mountains of the islands.

§ 124. Animals, whether those living in air, or aquatic or amphibious, of species not usually domesticated, are subjects of larceny when in the custody, possession, and control of the owner, or of anyone for him, and are distinguishable as being, or known by the taker to be, so in the owner's possession, custody, or control. For instance, fish in ponds, or particular creeks or portions of the sea, doves in a dovecot.

§ 125. Any writing of value may be the subject of larceny. For instance, a promissory note, bill of exchange, or other bill, order, certificate, bond, book of accounts; a deed or any written or printed conveyance of land; any award of the land commission, or other evidence of title to real or personal property; any contract remaining in force; a receipt, discharge, writ or process; any commission conferring a right, privilege, claim, or liability upon another; a record or journal of the acts or proceedings of any judicial court, court of impeachment, or of the legislature, or any public corporation; or any record of any public office.

§ 126. Where no one can be benefited by a writing, and no one has any interest in it or depending upon it, or can be subject to liability by its passing into other hands or being destroyed, it is not a subject of larceny.

§ 127. The value of a writing is not necessarily to be considered to be the amount expressed or imported by the writing itself, but should be determined by its importance, materiality, and availability as affecting public or individual interests.

§ 128. In order to be the subject or larceny, a thing must be owned by, or be the property, general or special, of, or belonging to, some one. That is, some one must have a property, general or special, in the thing; or have and be entitled to the possession of the thing.

§ 129. Wrecked property, estrays, and lost property shall be deemed still in the constructive possession of the owner; and the taking of either of them, with felonious intent, is larceny. But the taking of derelict property is not larceny.

§ 130. It is not necessary, in respect to larceny, that it should appear whose property, other than the taker's, the thing is; it is enough that it appear that it is not the taker's, and that it does not appear to be derelict; and in case of doubt whether a thing is derelict, the presumption is that it is not so.

§ 131. Larceny can not be committed by the husband from the wife of her property, or by the wife from the husband of his property.

§ 132. Larceny is of two degrees, first and second. Larceny of property of the value of more than one hundred dollars is in the first degree, and shall be punished by imprisonment at hard labor not more than ten years.

All other larceny is in the second degree, and shall be punished by imprisonment at hard labor not more than two years, or by a fine not exceeding one thousand dollars.

§ 133. Whoever shall be convicted of three or more larcenies at the same session of any court; or whoever, having been convicted of a lar ceny, shall be again convicted of a larceny committed after such former conviction, shall receive an additional punishment not exceeding that otherwise provided by law for the offense or offenses of which he is so convicted, by more than one-half.

NOTE TO CHAPTER 16.

§§ 118-131 are P. C., ch. 16, §§ 1-14. § 132 is S. L. 1896, act 25. § 133 is P. C., ch. 16, $16. Cases in Hawaiian Reports: Koa v. Kaahanui, 6 Haw., 168; R. v. McGiffin, 7 Haw., 104; R. v. Chop Tin, 7 Haw., 383; R. v. Mahelona, 7 Haw., 392; R. v. Haumea, 8 Haw., 280; Govt. v. Machado, 9 Haw., 221; Govt. v. Mura, 9 Haw., 428; R. v. Pahu, 10 Haw., 74; R. v. Kahoohanohano, 10 Haw., 97; R. v. Ah Ping, 10 Haw., 459; R. v. Ah Cheon, 10 Haw., 469; R. v. Naone, 2 Haw., 746; R. v. Asina, 3 Haw., 474; R. v. Ikeole, 4 Haw., 413; R. v. Ah Fong, 4 Haw., 621.

[CHAPTER 17.]

[§§ 134–156.]

CHAPTER 18.

EMBEZZLEMENT.

§ 157. If any person who is entrusted with, or has the possession, control, custody or keeping of a thing of value of another by the consent or authority, direct or indirect, of such other, without the consent and against the will of the owner, fraudulently converts or disposes of the same, or attempts so to convert or dispose of the same, to his own use and benefit, or to the use and benefit of another than the owner or person entitled thereto, he is guilty of the embezzlement of such thing. § 158. Whoever, being a minister, collector, cashier, clerk, or other person employed in the government treasury, or any other branch of the treasury department, or in any other department of the government, is guilty of embezzlement of any money, note, or other effects or property belonging to the Government, shall be punished by imprisonment at hard labor for life or any number of years, or by fine not exceeding five times the value of the thing or property embezzled.

§ 159. Whoever is guilty of embezzlement, other than is specified in the preceding section, if it be to the amount of one hundred dollars or more, shall be punished by imprisonment at hard labor not more than ten years, or by fine not exceeding five times the value of the property or thing embezzled; if it be to the amount of twenty dollars and less than one hundred, he shall be punished by imprisonment at hard labor not more than five years, or by fine not exceeding three hundred dollars; and if it be to an amount less than twenty dollars, he shall be punished by imprisonment at hard labor not more than one year, or by fine not exceeding fifty dollars.

§ 160. Where the person convicted of embezzlement is under sixteen years of age, the court shall have the power to mitigate the punishment specified for the offense of which he is guilty, always having due regard to the welfare of the community of which the offender is a member.

NOTE TO CHAPTER 18.

§§ 157-160 are P. C., ch. 18, unaltered.

Cases in Hawaiian Reports: Rex v. Swinton, 1 Haw.,55; King v. Chock Hoon, 5 Haw., 372; Extradition of McCarthy, 5 Haw., 573; Govt. v. Len Tai, 9 Haw., 73; R. v. Ah Cheon, 10 Haw,, 469; P. G. v. Mossman, 9 Haw., 360.

CHAPTER 19.

EXTORTION.

§ 161. Extortion is the wresting anything of value from another by duress, menaces, or by an undue exercise of power.

§ 162. Whoever commits extortion by charging or threatening to

charge another or any person in whom he is specially interested by reason of marriage, relationship, guardianship, friendship, or other tie, with any crime, is, in case such crime be capital, or subject to punishment by imprisonment for five years or more, guilty of extortion in the first degree; in case it be an offense of a lower grade, he is guilty of extortion in the second degree.

§ 163. In prosecutions under the preceding section, no evidence of the guilt or innocence of the party against whom the extortion is practiced, is admissible.

§ 164. Whoever commits extortion by threatening to charge or impute any secret deformity or disease to him or any person in whom he is specially interested as aforesaid, is guilty of extortion in the second degree.

§ 165. Whoever commits extortion by threatening, directly or indirectly, by words, signs, or acts, to burn, destroy, waste, deface, or injure his property, real or personal, or that of another in whom he is specially interested, or to do him or such other any malicious injury, is guilty of extortion in the second degree.

§ 166. Whoever by violence, duress, or other threats, as aforesaid, compels or induces another to sign or execute, or to confess or acknowledge the signature or execution of any deed, note, or other writing, which, if voluntarily made, would affect the rights and interests of the maker and signor thereof, with intent to avail himself of such writing, or enable any other person to avail himself thereof, as being valid, shall be subject to the punishment hereinafter prescribed for extortion in the second degree.

§ 167. Whoever, being a public officer of any description, civil, judicial, military, or other, by color of his office, willfully and corruptly extorts from another for his own benefit and profit any thing of value, knowing that he has not any legal authority or right to exact the same, is guilty of extortion in the second degree.

§ 168. Whoever is guilty of extortion in the first degree, shall be punished by imprisonment at hard labor not more than five years, or by fine not exceeding one thousand dollars.

§ 169. Whoever is guilty of extortion in the second degree, shall be punished by imprisonment at hard labor not more than two years, or by fine not exceeding one thousand dollars.

NOTE TO CHAPTER 19.

§§ 161-169 are P. C., ch. 19, unaltered.

Cases in Hawaiian Reports: R. v. Thornton, 9 Haw.,

45.

CHAPTER 20.

RECEIVING STOLEN GOODS.

§ 170. The receiving of stolen goods is, in contract or otherwise, the fraudulently taking, accepting of, detaining, keeping, concealing, or disposing of, the goods of another, stolen, embezzled, or illegally extorted by any one, or aiding therein, whether the same was so stolen, embezzled, or so extorted within or without this Territory.

§ 171. It is not requisite, in order to constitute the offense of receiving stolen goods, that the receiver should intend any profit or benefit to himself.

§ 172. Whoever without fraud obtains possession or control of goods knowing them to be stolen, and afterwards fraudulently detains, keeps,

conceals, or disposes of the same, or aids therein, with the intent that the same shall not be restored to the owner, but that the owner shall be deprived and despoiled thereof, or of the benefit thereof, is guilty of the offense of receiving stolen goods.

§ 173. Receiving any specific part of the same thing that is stolen is receiving stolen goods; as, for example, a part of the carcass of a stolen animal, or a piece of a machine, broken in pieces after being stolen.

§ 174. Whoever is guilty of receiving stolen goods to the amount of one hundred dollars or more shall be punished by imprisonment at hard labor not more than five years, and by a fine not exceeding five hundred dollars; and if it be to an amount less than one hundred dollars, he shall be punished by imprisonment at hard labor not more than two years, and by fine not exceeding one hundred dollars; provided, however, if this is the first offense, and the convict shall make satisfaction to the party injured to the full value of the property, he shall not be subject to punishment by imprisonment for such offense.

§ 175. If any person is convicted of receiving stolen goods, after having been previously convicted of such offense, or is convicted at the same term of the court of three or more distinct acts of receiving stolen goods, he is a common receiver of stolen goods, and shall be punished by imprisonment at hard labor not more than ten years, and by fine not exceeding one thousand dollars.

§ 176. In any prosecution for receiving stolen goods it shall not be necessary to aver, nor on the trial to prove, that the person who stole the goods has been convicted.

NOTE TO CHAPTER 20.

§§ 170–176 are P. C. ch. 20, unaltered

Cases in Hawaiian Reports: R. v. Ah Cheon, 10 Haw., 469.

CHAPTER 21.

GROSS CHEATS.

§ 177. Whoever shall designedly, by any false pretense and with intent to defraud, obtain from another any money, goods, or other thing of value, is guilty of a gross cheat. For example, the obtaining of money or other property from another under false pretense of being sent for the same by a friend or acquaintance of his, or obtaining money by means of a letter fabricated in the name of another.

§ 178. Whoever shall, by any false pretense and with intent to defraud, obtain the signature of any person to any written instrument, the false making whereof would be punishable as forgery, is guilty of a gross cheat. For example, by falsely reading a promissory note or other pecuniary obligation, with intent to procure the same to be designed by a person unable to read.

§ 179. Whoever, in the sale or purchase of any merchandise or other property, shall use any false weight or measure, or cheat another by the fraudulent use of any legal weight or measure, as, for example, by dexterously sliding a yardstick, or by putting some other thing into a measure partly to fill the same, even though the vendee and vendor be present, is guilty of a gross cheat.

§ 180. Whoever shall knowingly sell any kind of diseased, corrupted, or unwholesome provisions for the food of man, without making the same fully known to the buyer, is guilty of a gross cheat.

§ 181. Whoever shall knowingly compound, prepare, or adulterate

any substance intended for food, drink, or medicine for man with any ingredient or matter so as to render such food, drink, or medicine injurious to health, or knowingly procure such substance to be compounded, prepared, or adulterated, is guilty of a gross cheat.

§ 182. Whoever is convicted of a gross cheat shall be punished by imprisonment at hard labor not more than two years, or by fine not exceeding one thousand dollars.

§ 183. No person shall be exempted from criminal prosecution for gross cheating by reason of the party cheated having a remedy against him by civil action.

FALSE PERSONATION.

§ 184. Every person who shall falsely represent or personate another, and in such assumed character shall cause a license for marriage to be granted by falsely representing himself or herself to be the parent or guardian of a minor, or shall perform the marriage ceremony by falsely representing himself to be authorized by law to perform that ceremony, or shall falsely personate another before any public officer in doing any act required or authorized by law, or shall become bail or surety for any party in any proceeding, civil or criminal, before any court or officer authorized to take such bail or surety; or confess any judgment, or acknowledge the execution of any conveyance of real estate or of any other instrument which by law may be recorded; or do any other act in the course of any suit, proceeding, or prosecution whereby the person so represented or personated may be liable in any event of any debt, damages, costs, or sums of money, or his rights or interests may in any matter be affected, shall upon conviction be punished by imprisonment at hard labor not exceeding five years and by fine not exceeding one thousand dollars.

§ 185. Any person not a duly commissioned police officer or member of the police organization known as the "citizens' guard" who shall wear or display a policeman's badge or a citizens' guard badge, or wear a policeman's uniform or the uniform of a member of the citizens' guard, with intent to deceive, shall be deemed guilty of a misdemeanor, and upon conviction be punished by a fine not to exceed fifty dollars.

§ 186. Any person not a duly commissioned police officer or member of the police organization known as the "citizens' guard" who shall wear or display a badge or uniform resembling the badges or uniforms authorized by the chief sheriff to be worn by police officers and members of the citizens' guard, with intent to deceive, shall be deemed guilty of a misdemeanor and be punished by a fine not to exceed one hundred dollars.

OLEOMARGARINE.

§ 187. Whoever knowingly sells to any person or offers for sale any butter manufactured from or by the use of "oleomargarine," so called, unless the package containing the same shall be distinctly marked ❝oleomargarine," shall be deemed guilty of a misdemeanor and punished by a fine of not more than two hundred dollars or imprisoned not more than twenty days, or both.

§ 188. Whoever knowingly imports, manufactures, sells, or offers for sale any substance purporting to be or having the semblance of butter, which substance is not wholly made from pure cream or pure milk, unless the same is imported or manufactured under its true and appropriate name and each package, roll, or parcel thereof, and each vessel containing one or more packages of the same, has distinctly and