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PENAL CODE

OF

THE HAWAIIAN ISLANDS,

PASSED BY THE

HOUSE OF NOBLES AND REPRESENTATIVES

ON THE 21ST OF JUNE, A. d. 1850;

TO WHICH ARE APPENDED THE OTHER ACTS PASSED BY
THE HOUSE OF NOBLES AND REPRESENTATIVES
DURING THEIR GENERAL SESSION FOR 1850.

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REPORT

To the Honorable the House of Nobles and Representatives of the Hawaiian Islands in Legislative Council assembled:

It is with unfeigned diffidence that I now submit to your honorable body an act to establish a criminal code, in part compliance with your resolution passed on the 27th day of September, 1847. By that resolution I was requested to prepare a civil and criminal code of laws adapted to the wants and condition of the Hawaiian nation, and it is proper that I should give you the reasons why I have so long delayed, and, even at this late date, have but partially completed, the work assigned to me.

By the request of the King and Privy Council, I accepted in August, 1817, the post of President of the Board of Commissioners to quiet land titles, and the duty of presiding over the labors of that Board, which, during my connection with it, has heard some twelve thousand claims and counter claims, in conjunction with my judicial duties, has rendered it impossible for me to find time for the reading and study necessary to the preparation of so important a work. It was only in November last that I was able to write the first line, and soon discovering that I could not, by the most untiring industry, during the little time I could devote to this task, prepare both a civil and criminal code, I directed my labors to the latter, as the one most needed.

The distrust in my power to perform this work well, with which I began it, has increased with every step of my progress, and in its execution, I have had constant resort to the wisdom of others. I am greatly indebted to the labors of the commissioners appointed to prepare a penal code for Massachusetts, as given in their report, and also to those of Mr. Livingston in the penal code of Louisiana. From both of these able works I have borrowed largely.

7998

1850

833155

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