13. Forcing mariner on shore or leaving him in a foreign country.
14. Offenses committed on board in a foreign place—how triable.

CHAPTER XLV.

ATTEMPTS AND INSTIGATIONS.

SECTION 1. An attempt defined.

2. A mere preparation to commit is not an attempt.

3. When the attempt is merged in the offense.

4. Presumption of degree of offense attempted.

5. Punishment for attempts.

6. Instigation.

7. The instigation is merged in the offense when.

8. When the instigator repents and endeavors to prevent the offense.

9. No person can be convicted on the mere testimony of the party instigated.

CHAPTER XLVI.

ACCESSORIES AFTER THE FACT,

CONTENTS.

SECTION 1. Accessories after the fact defined.

2. Punishment.

CHAPTER XLVII.

FORMER CONVICTION OR ACQUITTAL.

SECTION 1. Former conviction.

2. Former acquittal.

3. Where the same act constitutes two or more offenses.

4. Acquittal on variance or exception.

5. Acquittal or condemnation on impeachment.

CHAPTER XLVIII.

SUPPRESSION OF OFFENSES.

SECTION 1. How a person may proceed when he fears the commission of an offense.

2. Proceedings of magistrate on arrest.

3. When prisoner may be committed to prison.

4. Power of magistrate when he fears the prisoner intends an offense against any person not designated.

5. Bond may be renewed when.

6. Power of magistrate when an offense is committed in his presence.

7. When a person has reason to suspect the commission of an offense against the person or property of another.

8. Powers of the magistrate upon conviction in certain cases.

9. When bond is broken how and by whom suit is to be brought.
10. Surety may discharge himself by surrendering principal.

CHAPTER XLIX.

SEARCH WARRANTS.

SECTION 1. Search warrant the means of preventing the commission of offenses. 2. What is a search warrant.

3. For what purposes a search warrant may be granted,

4. Must be based on an affidavit.

5. Must be in writing, &c.

6. When directed to sheriff may be executed by his deputies.

7. Before executing it officer must give notice to applicant.

8. Power of the officer in entering houses, &c.

9. Must be executed in the presence of two inhabitants, and inventory made of the property seized.

CHAPTER L.

ARRESTS.

SECTION 1. No arrest to be made without warrant except in certain cases.

2. When offender may be arrested by verbal order.

3. When offender may be arrested by any person present.

4. When a person may be arrested without warrant upon suspicion.

5. When policeman may arrest without warrant.

6. The duty of the officer at or before making the arrest.

7. When the officer may use force, and what degree.

8. Offensive weapons may be taken from the person arrested.

9. Person arrested to be taken before magistrate when.

10. How house may be entered to make an arrest.

CHAPTER LI.

BAIL.

SECTION 1. Definition of bail.

2. In what cases bail may be taken.

3. By whom bail may be taken.

4. When bail is taken prisoner must be discharged.

5. In cases of wounding likely to terminate in death, prisoner cannot be

discharged.

6. 7. Amount of bail.

8. Who may be received as sureties.

9. When single surety is sufficient.

10. A woman cannot be received as surety.

11. When the accused is a minor or married woman.

12. When insufficient bail has been taken.

13. When witnesses may be made to enter into recognizance for appearance. 14. Bail may surrender principal.

15. Magistrate to transmit to the clerk above documents relative to the accusation.

16. The names of all persons who have given bail, &c., to be called in open court, &c.

17. Witnesses may be arrested when.

18. At what time witnesses are to attend.

CHAPTER LII.

FINES-COSTS.

SECTION 1. When execution may issue for fine.

2. When fine is not paid, the offender to be committed to prison.
3. Clerks, justices and other officers, to keep an account of fines, &c.
4. Clerks and other officers neglecting to pay over fines, &c.

5. Officers suffering offender to escape.

6. Offender's property liable for costs.

7. When costs are to be paid out of the treasury.

CHAPTER LIII.

JURISDICTION OF POLICE COURTS AND DISTRICT JUSTICES IN CERTAIN CASES.

SECTION 1. SUBSECTION 1. Assault and battery.

2. Adultery, fornication, &c.

3. Larceny.

E

4. Embezzlement.

5. Receiving stolen goods.

6. Gross cheats.

7. Malicious injuries.

8. Cruelty to animals.

9. Felonious branding of cattle.

10. Furious and heedless riding, &c.

11. Obstructing and perverting the course of justice.

12. Affrays.

13. Drunkenness, blasphemy-profanity.

14. Disturbing religious worship-violating the sabbath.

15. Common nuisances.

16. Vagrants-Disorderly persons.

17. Gaming.

18. Disturbing the quiet of the night.

19. Suppression of drunkenness, &c.

20. Keeping disorderly house.

SECTION 2. How and when appeal may be taken.

3. Any jurisdiction of an offense gives jurisdiction of the offense of being accessory thereto.

CHAPTER LIV.

REWARDS TO SHERIFFS.-PREFECTS.-CONSTABLES AND OTHER PROSECUTORS.

SECTION 1. One half the fines to go to sheriff or others in what cases.

2. When a person not an officer shall inform and prosecute.

3. Special rewards in certain cases.

4. Informer not to be admitted as a witness unless he first relinquish all claims to reward.

CHAPTER LV.

REPEAL OF LAWS FOR WHICH THIS CODE IS SUBSTITUTED.

SECTION 1. Time when this code goes into operation, repeal of former laws. 2. Pending prosecutions.

3. Code to be published in the Elele and Polynesian.

AN ACT

TO PROVIDE FOR THE BETTER SUPPORT AND GREATER
EFFICIENCY OF THE PUBLIC SCHOOLS.

SECTION 1. Land set apart for schools,

2. Who are to designate said lands.

3. Minister of public instruction to dispose of said lands.

4. How the avails of the lands are to be appropriated.

5. No avails of land to be appropriated without authority from the minister of public instruction.

6. Minister of public instruction to account for to the treasury.

7. Sites for school and meeting houses to be reserved as government property.

8. When church and school sites form part of lands held in joint tenure by the government and individuals.

9. School inspector authorized to take private land for a school site, on paying for it.

10. School inspectors to superintend the erection and repair of school houses. 11. When parents are to assist in supporting teachers, &c.

12. School tax prescribed.

13. District collector may employ those who do not pay the tax, at some productive employment.

14. Persons exempted from school tax.

15. Collection of the school tax.

16. District treasurers to be appointed.

17. Truant children found about the streets, to be taken to school, &c.

18. Authority of magistrates in regard to children who forsake their schools.

19. When a parent or guardian sends his child to a select school, tax may be remitted.

20. Compensation of school trustees.

21. Governors may bind out vicious children.

22. Parents and guardians to furnish books.

23. School inspector may supply books.

24. Cost of books supplied by inspector may be added to parent's tax.
25. Boys of good character, employed in useful labor, may be exempt from
school tax.

26. Minister of public instruction to provide religious instruction for prisons.
27. Chaplains to report their labors to the minister of public instruction.

AN ACT

RESPECTING THE PILOTAGE TO BE LEVIED ON WHALE SHIPS.

CONTENTS.

SECTION 1. Whalers to pay the same pilotage as merchant vessels.

2. Repeal of part of a resolution passed on the 15th June, 1847.
3. Other privileges granted to whalers by said resolution, confirmed.