OCR Interpretation


The Hawaiian gazette. (Honolulu [Oahu, Hawaii]) 1865-1918, November 15, 1876, Image 4

Image and text provided by University of Hawaii at Manoa; Honolulu, HI

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83025121/1876-11-15/ed-1/seq-4/

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E. O. HALL SON
H A V I JUST RKCElYEIl A FULL ASSORTaWT OF HOODS IN THEIR USE,
INt'LUMNG
LDWARE
ELF
3EE A.
Of all kinds. Card Matches. Keroeoc Oil, Ai. Pick and Hot
Handles. Aiu, Hatchets. Cane Hatchet! Bd kairei Shovels
aud Spades, all kindi ; Ml, Bucket.. Waibboardi.
I fcRE'T VIRIETY OF AF.TICLES FOR HOUSE D HiTCHEl USE.
QABUEN TOOLS.
Agricultural Implements.
HAWAIIAN GAZETTE
AN INDEPENDENT JOURNAL,
DEVOTED TO HAWAIIAN PROGRESS.
rrBLlSHKI) AM' EDITED BY
H E M Et Y M. WHITNEY.
WEDNESDAT, NOVEMBER '.5.
uv vi Tiioitn v.
,n. I.e.. IT d It I ' W I iLiiiTHor,, inrr .. .
alter for plow, i beside a great irJ o: other thing. nn i t every occu-a..
braird Car
lOD.
Jkkao. the tseart rarij and quality of
SILVER
i i. -v r i : x
WARE.
rr i sVti if ia thai narkct.
;V all a ad -o It ! . ;
JsaVt Raw red Ivr lb
IiAm.mJ Frev
a- r:et; :
Stoves and Ranges
"0
SESSION i.inx OF 1-7U.
Otr
Some cf tbeni fitted bt bum coal. The I'oiou ltange" is becoming
a treat favorite with tfavM who u-e eoel. ww keep three riier.
d,;ii to (be ifquin utD'i ol ai'j family. S" Many of tbc above
goods are now received free of doty, and we are hajpv to fire oar
customers the It Let t of the reduction.
EL . jHTATaTa fc SOW,
Corner of Fort and King Streets.
SAVE TIME AND EXPENSE !
BUT TEE CHAMPION POST AUGUR, OR F08T HOLE DIGGER !
ALL THAT I! KLQl ISM) TO XVL(L A X Y OXK OK
the grata: mt-ms of tills Lupit stent is for tii.ni to rv It opiimte.
inn mmi,
Gnmi' tb- handle, r shown In ibr cut ; drive ft nharplr into the ground
always sinking In the saint iklace. or iiar it uutil tne earth a tick in the
cvtluder : rata ft out and drop It on tb -"round sMwbt holding the
tiandlv iti the hand, aud the tuth will fall out. TRY THEM !
We also Offer For Sale,
Mar VoUne Plow. Arm' Ilows. Psri Plt.wf. Harrow. ultlvators j
ChaapiOD Mowlnc Machine. Garden He--, Haiders' Hoe. Grub Hoc
rw-k Axe. Pick Mattock. Cos, Sbovt-1. spades ; Wood, Iron and Steel.
Jtak: Can Knives, Ox Boa's. Ox You-s, Ox Cbala. Scythe Snaths. l.rliid
- :id nature, llay Cutlers. Eglv Feed suiter. Wheel and Canal
AGRICULTURAL IMPLEMENTS!
lit kitj) on hand a SjtUndid Assortment of
Builders' Hardware ii iMechanies' Tools
And are coaaiantie making addition thereto. We make ? pedal tie of
House Furnishing and Ornamental Goods,
Lamps. Lanterns. Chandeliers, and Oils.
CUTL ERY!
Seines and Twines, Fish Hooks and Lines
WE ARE
Agents for the Aver.ll (liemieal Paint (V
THIS PAJXT is MJSKD HEADY FOR USE,
. t sad S gallon container. A Tvrr l.irr ouautltr i bplne old In the Vnitd State, and It Is
In an oUn-r Minf We- have in stock at pn-wrt only t!i fnr M'ltlfc. .ul ran ,
the time we receive the order.
n ' tfi i irith Maaufartttr rs a . ! '. r.f aU kn7. uf
IMPROVED FARMING TOOLS AND MACHINERY!
AND iti MM I I I I.I.T
Solicit Orders tor any Class of Goods in Our Line !
Oaaaw im mat Un aot ohtainatrfe in this Market, w c will IMPORT TO OKDLR. from KtiRiand. Germany, or
ac part vf the Voued fetteSea. uo thv moat Liberal terms.
DILLINGHAM & Co.,
k 93 mid - King Street.
a." 1
To regoUte lb praciici ami proceJure in
crimiual case.
(GtntinunJ from List issue)
Sec. 2'. For jirevenlitiij difficulties in tlia
pruiecution of offeiuierit in any ciw of onibczzle
meul or rraaJalt.nl application or disposition by
any person, it shall bv lawful to chare? in the in
dictment and proceed .. lho H -i: Kt for
an; uumtitfr of ttiatinct acU of embezzlement, or
of fraudulent application or disposition Dot ex
ceeding three, which may hare been cnmmit'ed
by bim azainst lb? same person within the space
ol atx months from the first to the hut ol such
act.
Sec. 26 In every case of larceny committed
against Ilia Majesty, or einliezzlemeoL. fraudu
lent application or disposition committed arainM
His Majesty, of any chattel, money, or valuable
security, it shall lie Uclul in the order of com
mittal by the justice, before whom the offender
shall be charged, and in the indictment to te pre
ferred against the offeuder. to lay the property
of any such chattel, money, or valuable security
us aforesaid in liis Majesty.
Sec. 27. In every case ol stealing any chattel
let to be used in or with any house or lodging,
it shall be lawful to prefer an indictmeot in the
HMN form as lor larceny, and in every case
of stealing any fixture so let as aforesaid to pre
fer an indictment in the same lorm us if the
offender were not a tenant or lodger, and in
either case to lay the property in the ofr.er or
person letting to hire.
Sec. 28. In ar.y indictment containing a
cnarge ol feloniously stealing any property it
shall be lawful to act a coutr. or several counts
lor feloniously receiving the same or any purl or
parts thereof, kaowing the same to have been
stolen, and in any iMfeUMat for feloniously re
ceiving any properly knowiue it to have been
stolen, it shall be .awful to add a count for lelo
Diously stealing the same.
Sec. 2'J. In any indictment for forging, alter
ing, offering, uttering, dispjsiug of, or for stealing
tiMfMttog, exuirlin?, converting, disposing of,
destroying or concealing, or for obtaining by false
pretences any instruinetit, it shall be sufficient to
behalf of such person, and the plea so entered
shall have the same force and effect as if such
person had actually pleaded the same.
Sec. 3d. If any person indicted for any of
fence shall be insane and shall, upon arraign
ment, be found so t3 be by a jury lawfully im
pannelled for that purpose, so that such penoo
cannot be tried upon such indictment, or if upon
the trial of any person so indicted such person
shall appear to the jury charged with such indict
ment to be iusane, it shall be lawful for the
court before whom any such person shall be
brought to be a-rniirned or tried ns aforesaid, to
direct such finding to be recorded, and there
upon to order such person to be kept in strict
custody until His Majesty's pleasure shall be
kn wn. And if any person charged ilb any
offence shall be brought before any court to be
discharged lor want of prosecution, and such
i" rson shall appear to be insane, it shall be law
ful for such court to order ujury to be impau
nelled to try the sanity of sucU person ; and if
the jury so etnpannelled shall find such person
to be insane, it shall be lawful for the court to
order such person to be kept in strict custody
in soch place and in such manner as to such
court shall seem fit. until His Majesty's pleasure
shall be known ; and in all cases so fouud it
shall be lawful for His Majesty by and
with the advice of his Cabinet to give such order
For the safe custody of such person so fouDd to
be iusane duriug His Majesty's pleasure, in such
pleasure and in such manner as to hi in by and
with such advice as aforesaid shall seem fit.
See. 33. No indictment shall be abated by
reason of any dilatory plea of misnomer or of
want of addition, or of wrong addition of tbe
party offering such plea, if the court shall be
satisfied by affidavit or otherwise of the truth of
such plea, but in such case the court shall torth
wnb cause the indictment to be amended ac
cording to the truth, and shall call upon such
party to plead thereto and shall proceed as if no
such dilatory plea had been pleaded.
Sec. 40. If any plea of autrefois convict or
autrefois acquit, it shall he sufficient for tbe de
fendant to slate that be has been lawfully con
victed or acquitted (us the case may be) of the
said offence charged i it the indictment.
Sec. 41. The proceedings upoo any indict
ment lor committing any offence after a pre
vious conviction or convictions, shall be as fol
lowsthat is to say : The offender shall in tbe
first instance be arraigned upun so much ooly of
the indictment as chaiges the subsequent of
fence, and if he plead nut guilty, or if the court
order a plea of not guilty to be entered on his
bebi f tiie jury ihall be charged in the first in
stance to enquire concerning such subsequent
offence only, and if they find bim guilty or if on
arraignment he plead guilty, be shall then and
not before be asked whether he hud beun pre
viously convicted as alleged in tbe indictment,
und if he unswer that he bad been so previously
convicted, the court muy proceed to sentence
him accordingly ; but if he deny that be bud
been so previously convicted or stand mute of
malice, or will not answer directly to Buch ques
tion, the jury so in tbe first instance charged us
aforesaid or (il by reasoifofa pleu of guilty in
the first instance no such jury has been so
charged) then a jury in like manner as in other
cases, shall be charged to enquire concerning
such previous conviction or conviction ; and in
ATI ear h. ha-1 In
mtt k waawrttai
rteer war qcaantT
to ut5 wars frawi
C nr.
describe such instrument Oy any name or desig- iue case of a jury go charged in the first instavnee
nation by which the same may be usually known lt ahall not be necessary to swear the jury again,
or by the purport thereof, withoal setting out but the oath already taken by thorn shall fur all
any copy or fac-simile thereof or otherwise de- purposes be deemed to extend to such last
serving the same or the value thereof. mentioned enquiry. Provided that if upon the
boc.M. la all other cises whenever It shall trial of any person for any such subsequent of-
be uecessary to make any averment in any in- ence 6uch person shall give evidence of his good
dict.nent as to any instrument whether the same character, it shall be lawful Tor the prosecutor iu
consists wbol y or in part of writing, print or ,nswer thereto to give evidense of the convie-
figures. it shall be sufficient to describe such in- tj0D of sncb person lor the previous oflence or
strumeiit by any namo or designation by which offences, before such verdict of guilty shall be
the same may be usually known or by the pur- returned, and the jury shall enquire concerning
port thereof without setting out any copy or fac- ,,uch. previous conviction or convictions at the
simile of the whole or any part thereof. Mme ,ile luat luey enquire concerning eucb
hec. 31. In any iudictinent for perjury or un- mbequent offence
lawfully willfully, falsely, fraudulently, deceit- Sec. 42. Any person indicted for a crime
fully, maliciously or corruptly, taking, making. punisllablo with death shall on demand upon the
siguing or subscribing uny oath affirmation, de- clerk by himself or bts counsel, huve a list of the
claratton. affilavit. deposition, bill, answer jurors reterued delivered to him, and shall also
notice, certificate or other writing, it shall be ne process to summon such witnesses as are
sufficient to set Torlh the substance of the offence necessary for his defence.
clur-ed upon the defendant, and by what court Sec. 43. In all cases'of felony in which the
or before whom the oith. affirmation, partv accuse.! is unable to employ counsel for his
declaration, affidavit, deposition, bill an- dele'nce, the court inuv assign him counsel from
swer, notice, certificate or other writing was zmong tbe licensed practitioners, who shall use
taken, made, signed or subscribed, without set every lawlul exertion in his behalf without fee or
ting Torth the bill, answer, affirmation, informa r.ward, upou pain of contempt lo the court,
tion. declaration, or any part of any proceeding, See 44. Swan native Hawaiian m.iisr,,l
either tn law or in equity or other jurisdiction upun indictment for anv oflence shall, on demand
and without setting forth tbe commission or p0n ,ie Attorney General, be furnished with a
authority of tbe court or the person before whom i cpJ- 0f the indictment in the Huwuiiuu langu
such offence was committed. I aire.
Sec. 32. In every indictment for subornation . Sec. 45. Tho pr030ClUine attorney shall open
of penury or ol corrupt bargaining or contract,, the ct.se. and first intioduce his witnesses and
tng with any person to commit willful uud cor- proofs, and after the evidence for the defence bus
rupt perjury, or for inciting, causing or procuring been presented, and the accosed or his counsel
any person unlawfully, willfully, falsely, fraudu- ; haa summed up and closed his case, the prosecul-
.KJIIX KOTT & Co.
OFFEB FOB SALE
ALVAXIZED IRON PIPE. 6000 feet assorted sizes, 'I. I, Mi, IJf, 2.
t tialvM Trimming. EHows, T Ways, Beducers, Couplings, Cnion Couplings, Check Nuts,
Case. Cliarcoal Tin Plate, 10x14, 14x20, 12x12, 1C. IX. IXX, 1XXX,
Beat Banca Tin, Copper, Iron and Tinned Tacks, Tinsmiths' Trimmings,
Full Assortment of Hand made and Pressed Tinware,
.- - ; . : ; :. !. . 20, 24. 40, CP. W ox., 4xT2 in.. BfaeOI Zinc,
BRASS aXD SOFT SOLDER, Iron Wire, Lead Pipe,
PLdlBERS' MATERIALS, Sheet Lead, Hose Bibs, Stop Cocks,
CARE'S TATEXT WATER CLOSET, Douglas Pumps, Rubber Hose, Hose Xozzlcs, Sprinklers.
l-iiil an or 1 in r nl of Tiuvare !
Always os Hand.
Ieotly, deceitfully, maliciously or corruptly, to
take, ni ike. sign or subscribe any oath or affir
mation, declaration, affilavit. deposition, bill, an
swer, notice, certificate or other writing, it shall
be sufficient wherever, such perjury or other
offence aforesaid shall have been actually com
mitted, to allege the offence of the person who
actually committed such perjury or other offenco
in the manner hereinbefore mentioned, and then
to allege that the defendant unlawfully, willfully,
and corruptly did cause and procure the said
person, the said offence, in manner and form
aforesaid to do and commit ; and wherever such
perjury or other offence aforesaid shall not have
been actually committed it shall be sufficient to
set forth tbe substance of the offence charged up
on the defendant without setting forth or avering
any of the matters or things hereinbefore ren
dered unnecessary to be set forth or averred in
tbe case of willful and corrupt perjury.
VI. Objections to indictments, how taken.
power of amentment.
Sec. 33. Every objection to any indictment
for any defect apparent on the face thereof.
shall be taken by demurrer or motion to quash
ing attorney shall have ihe right to sum up the
eulire evidence and ciuse the debate.
X. Defence.
Sec. 46. All persons tried for any offence
shall be admitted after the close ol the case for
the prosecution 10 make full answer uod defence
thereto by counsel or attorney.
XI. Variances aud Amendment,
Sec. 47. If on the trial of any indictment
there shall uppeur to be uny variance between
the statement in such indictment and the evi
dence offered in proof thereof, it shull and may
be lawful for the court before which the time
shall be had, if such court shall consider such
variance not material to the merits of the case,
and that tbe defendant cannot be prejudiced
thereby in his defence on such merits, to order
such indictment to be amended according to the
proof in such part of tbe indictment and 10 such
manner a such court shall think fit, on such
terms as to postponing the trial to be had be
fore the same or another jury us such court shall
think reasonable : and afier any tuch amendment
tbe trial shall proceed, whenever the same shall
such indictment before the accused has pleaded ! be proceeded with, in the same mncner in all re
GALVANIZED BUCKETS AXD TLBS,
STAMPED TINWARE.
We would respectfully invite the attention of
House Keepers to our full and complete assort
ment of
STOVES AND RANGES,
From the best Troy and Albany, Xew York
Stove Foundries, consisting in part of the
" Buck's Patent," "Magna Cliarta," Laurel,
Opera and Coupon Ranges. Also, Mistress
Range, Victoress Stove and Pacific Caboose,
made in Glasgow, where iron is cheap.
And to Arrive per t'ily ofXew York
and Syren. MOKE!
Pmrtiew on the other Islands favoring us with orders by mail for any of the above goods, &c. 1
may depend upon having their requirements filled as satisfactorily as if present in person. In j
miuun Muve, cute requirement and limit Goods cat ef ally packed.
No. 9 Kaahumanu Street.
Pacific Rubber Paint Company's knowics' Patent Steam Puilips
C. BREWER & CO.,
Sole Agents for Hawaiian Islands
PAINTS!
nnill". ABT1CLE IS FOR SALE BY
BOLLES & Co.
and Is coming
I we, wa all wbc. hare (tree, u a trial uuttit v
MMM a. The waaenataed hare a reaeeal aawrt-
tiaaii emora a
U AVE RECEIVED
For Syren from
OF TUB
ton
DOLLE! Co.
Froitt Prepared by the Aldea Proceas
VARIETIES
Mm Hall by
BOLLES CO.
PURSES 1
ST Or LAMES' and
Money Purses and Bags
N f-nr.i at
iMa H. M. WHITNEY'S
ABOVE CELEBRATED PURPS, FROM DO. 2 TO 6.
AMI ARE EEAOT TO RECEIVE ORDERS
for any of tbe pampa of ihia make to be forwarded
overland u Decenary
BOILER FEED I' I MPS.
STREP pt avs,
DISTILLERY PntPs,
YAcrra prarps,
Pampa Bar Hot or ('aid Water, Salt Water
Acr.ts
Prieea and other information riven by
a aa C. BREWER a CO.,
B
Oat Hay.
EST CALIFORNIA OAT HAT For Bmlt by
soujsa a co
and not afterwards ; and every court before
which any eucb objection shall be taken for any
sucb delect may. if it be thought necessary,
can-e the indictment to be forthwith amended in
such particular by tome officer of the court cr
other person, and thereupon the trial shall pro
ceed as if no eucb defect bad appeared, and no
motion in arrest of judgment shall ba allowed
for any defect in any indictment which might
have been taken advantage of by demurrer or
motion to quash as aforesaid.
VII. Postponement of trial, etc.
Sec 34. Xo person prosecuted shall be en
titled as of right to traverse or postpone tbe trial
of any indictment preferred against bim or to
bave time to plead or demur to any such indict
ment allowed bim. Provide), always, that if
tbe court before which any person is indicted
I shall, opon the application of such person or
otherwise be of opinion that he ought to be al
lowed a further time to plead, or demur, or to
prepare for his defence or otherwise, soch court
nay grant sucb lurtber time to plead or
demur, or may adjourn receiving or taking of the
plea or demurrer, and the trial (or as the case
may be) of such person to tbe next or any sub
sequent term of the court and upon such terms
as to bail or otherwise as to tbe court sball seem
meet.
VIII. Court fees not piyable by defendants.
Sec. 35. It sball not be lawful to take, de
mand, or receive any court fees for tha issuing nf
any process for or on behalf of any person charged
with or indicted for any felony or as accessory
thereto or with or for any misdemeanor in aoy
court of criminal jurisdiction ; nor sball it be law
ful to take, demand, or receive any fees from
any sucb person for taking any recognizance nf
bail, or issuing any writ of habeas corpus, or re
cording any appearance, or plea to any informa
tion, or for discharging any recognizance taken
from anv sucb person, or surety or sureties for
them, but all costs may be ordered to be paid by
tbe person charged and convicted as part of tha
judgment.
IX. Arraignment, plea, etc.
Sec. 36. If any person being arraigned opon
any indictment for aoy offeoce shall plead there
to a plea of not guilty, be sball by sucb plea
without any farther form, be deemed to have put
hnn-elf onoo tbe country for trial, and the court
shall ia the usual manner order a jury for tbe
trial of soch person accordingly.
Sec 37. If any person being arraigned upon
or charged with any offence, shall stand mute of
malice, or will not answer directly to lbs indict
ment, in every sucb case it shall be lawful for
the court (if it shall so think St) to order the
proper officer to enter a plea 'of not guilty oa
epects and with tbe same conveyances, both
with respect to the liability of witnesses to be
informed against for perjuiy and otherwise, as if
no variance bad occurred ; and in all sucb cases
where the trial sball he so postponed, it shall be
lawful for the court to discbarge the jury sworn
Irom giving any verdict, and to cause to be en
dorsed on the iodictment the words " jury dis
charged'' from giving a verdict. Provided, tbat
in all sucb cases where tbe trial shall be so post
poned as aforesaid, it shall lie lawful fur such
court to eoltrge the bail of tbe defendant and
tbe surety or sureties (if uny) accordingly; in
such cases tbe witnesses wbo may have been
summoned to give evidence shall be bound to
attend to give evidence respectively, and the de
fendant shall be found to attend to be tried at
the time and place to which said trial sball be
postponed without entering into any fresh bail
bond, or being served with fresh process for that
purpose, io such and the same manner as if the
defendant originally bouud and '.he witnesses
summooed to appear and give evidence at tbe
time and place to which such trial shall have
been postponed. Provided, also, tbat where
any such trial shall be to be had before another
jury, tbe Crown and tbe defendant sball respec
tively be entitled to the same challenges as they
were respectively entitled to before the first jury
was iinpaoneHed.
XII. Verdict.
Sec. 43. In cases where it sball be given in
evidence opon tbe trial of any person charged
with any offence, tbat sucb person was insane at
the lime of tbe commission of soch offience. and
such person shall be acquitted, tbe jury sball be
required to find specially whether sncb person
was insane at the time of tbe commission of sucb
offence, and to declare whether such person was
acquitted by them on account of sucb insanity,
and if they shall fiud that aaid person was insane
at tbe time of tbe committing of such oflence.
tbe court before whom sucb trial sball be bad
sball order sacb person to be kept in strict ens-
tody in sacb place and in sacb manner M to tbe
coon sball seem Gt ontil Mis Majesty's pleasure
sball be known ; and il shall therefore be lawful
for His Majesty, by and with the advice of bis
Cabinet Council, to give sacb order for the safe
custody of socb person so foond to be insane,
daring his pleasure, in soch place and to soch
manner as to bim sball teem fit.
Sec. 49. If on tbe trial of any person charged
with felooy or misdemeanor it shall appear to tbe
jury upon tbe evidence that tbe defendant did
oot complete the offeoce charged, bat that he
was guilty only of an attempt to commit tbe
same, such person shall not by reason thereof be
entitled to be acquitted, bat tbe jary may re
turn as their verdict tbat tha defendant is not
guilty of the felony or misdemeanor charged, bol
is guilty of an attempt to commit the same, and
thereupon such person shall be liable to be pun
ished in tbe same manner as if he bad been con
victed upon an indictment for attempting to
commit tbe particular felony or misdemeanor
charged in the indictment, and do person so tried
as herein lastly mentioned sball be liable to be
afterwards prosecuted for an attempt to commit
the felony or misdemeanor for which be was to
tried.
Sec. 50. It upon the trial of any person for
any misdemeanor it shall appear that tbe facts
given in evidence ainuuut in law to a fe'ooy,
such person shall not by reason ibreot be en
titled to be acquitted fur sucb misdemeanor, and
no person tried for such misdemeanor shall be
liable to be afterwards prosecuted for felony on
the same facts, unless the caurt before which
said trial may be hail shall think St. in its dis
cretion, to discharge the jury from giving any
verdict opon such trial, and to direct sucb per
son to be proceeded against for felony, in which
case such person may be dealt with in all respects
as if be bad not been pal upon bts trial for soch
misdemeanor.
Sec 51. Under any indictment for robbery,
larceny, or auy other offence of more than one
degree, the jury may, when the evidence will
not warrant a verdict of guilty in the degree fur
which the prisoner is indicted return a verdict
for any lesser degree of the same offence.
Sec 52. If uu the trial of any person charged
with the offence of rape or sodomy or with lho
offence of ravishing carnally abusing any girl
under the atje of teu years or with having sexual
or carnal intercourse with uny female of this
Kingdom onder tbe age of fourteen years, tbe
jury shall tut be satified thai b is guilty there
of, but sball be sati-fied that be is suiliy thereof,
but shall be satisfied that be is guilty of an as
sault with intent to commit the same, then tbe
jury may return as their verdict thai he is not
guilty of the offence so charged, and may find
him guilty ol an assault with iuteut to commit
tbe same.
Sec. 53. If upon the trial of any person upon
any indictment for robbery il sball appear to the
jury that the defendant did not commit the
crime of robbery, but that he did commit an as
sault with latest to rob, the defendant sball not
by reason thereof be entitled to be acquitted,
but the jury shall be at liberty to return as their
verdict ibal tbe deletidanl is guilty of an assault
with intent to rob, and thereupon the defendant
shall be liable to be punished in the same man
ner ns if he had been convicted upon an indict
menl for feloniously assaulting with intent to
rob, and no person su triod as before lastly men
tioned shall be liable to be aflerwatds prosecuted
for ail assault with intent to commit the robbery
for which ho was so tried.
Sec. 54. If upon the trial of any person in
dicted for embezzlement it shall be proved that
be took the property in questinu in any such
manner as to amount in law lo larceny he shall
not by reason tbereol be entitled to be acquitted,
but the jury shall be at liberty lo return as their
verdict that such person is not guilty of embezzle
ment, but is guilty of larceny, and iu cither de
gree anil thereupon soch person shall be liable
to be punished in the same maimer as if he bad
been convicted upon an indictment for sucb
larceny in the degree found ; and if upon the
trial of any person informed against for larceny
Lt Bhall be proved that be took tbe property in
question in any sucb manner as to amount iu
law to embezzlement, he shall not by reason
thereof be entitled to he acquitted, but tbe jury
shull be at liberty to return as their verdict that
such person is not guilty of larceny, but is guilty
of embezzlement, and the charge thereof and
thereupon such persou shull be liable to be pun
ished in the same manner as if he had been con
victed upon uu indictment for sucb embezzle
ment in the degree found or larceny as aforesaid
shull bo liable lo be afterwards prosecuted for
larceny or embezzlement upou the same facts.
Sec. 55. II upon lho trial of any person in
dicted for obtaining property by false pretences,
it shall be proved that he obtained tbe property
in question in any such manner as to amount in
law to larceny, ho shall uot by reason thereof be
entitled lo be acquitted, und no person tried for
eucb misdemeanor shall be liable lo be afterwards
prosecuted for larceny upon the same facts.
Sec. 56. If upon the trial of any indictment
for larceny it shall appear that the properly al
leged in such indictment to bave been Blulen at
otie time was taken nt different times, the pro
secutor shall not by reason thereof be required
to elect upon which taking bo will proceed, un
less it shall appear that there were more tlian
three takings, or tbat more than the space of six
months had elapsed between the firt and the
last of eucb tukiugs, and in either ol such last
tnenliuned cases the prosecutor sball be required
to elect lo proceed for sucb number of takings
not exceeding three as appear to bave taken
place within the period of six mouths from the
first to the last of such takings.
Sec. 57. If upon the trial of two or more
persons indicted for jointly receiving any pro
perty it shall be proved that one or more of
eucb persons separately received any part or
pans of such property, it shall be lawful for the
jury to convict upon such indictment sucb of the
said persons as shall be proved to bave re
ceived any part or parts of euch properly.
Sec 58. Where any indictment containing
two or more counts both for feloniously stealing
and of receiving shall have been preferred against
any person, the prosecutor .-ha 1 noi be put to
his election, but it shall he lawful for the jary
who shall try the same to find a verdict of guilty
either of stealing the property or of receiving
the same or any part or parts thereof knowing
tbo same to hare been stolen ; and if sucb in
dictmeot shall bave been preferred against two
or more persons it shall be lawful for tbe jury
wbo shall try tbe same to find all or any ol the
said persons guilty either of stealing the pro
perty or of receiving tbe same or any part or
parts thereof knowing the same to have bean
stolen, or to find one or more of the said per
sons guilty of stealing tbe property and the
other or others of them guilty of receiving the
same or any part or parts thereof knowing the
same to have been stolen.
Sec. 59. If npon tbe trial of any person for
being concerned in a riot or unlawful assembly
as described io Section 10 of Chapter 38 of the
Penal Code, the jury sball not be satisfied tbat
such person is guilty thereof, but sball be sat
isfied that be is guilty of any misdemeanor
mentioned in the Section next preceding Sec
tion 10. then the jary may return as their ver
dict that he is not guilty of tbe offence charged,
but is guilty of sucb misdemeanor and be may
be punished accordingly.
Sec 60. Under an indictment for murder or
manslaughter the jury may return a vedict of
wan-laughter in either degree or fur assault aud
battery as tbe facts proved will warrant.
Sec. 61. Whereupon the trial of any person
charged with ibe oflence of adultry, sufficient
proof of marriage shall not be adduced socb per
son shall not therefore be acquitted, but the
court or jary before whom socb party is charged
may if tbe facta proved will so warrant God tbe
accused guilty of fornication, and euch accosed
person shall thereupon be punished accordingly.
XII. Evidence in certain cases.
Sec. 62. Where any person shall be proceeded
against belore any court of criminal jurisdiction
for a sobseqoem offence in either case committ
ed after any previous summary conviction or
convictions a copy of any sucb conviction certi
fied by the proper officer of the court to which
such summary conviction shall have been return
ed or proved to be a true copy, sball be sufficient
evidence to prove a conviction of tbe former
offence and tbe conviction shall be presumed to
hare been unappealed against ontil tbe contrary
be shown.
Sec 63. All persons ooder trial sball be entitled
at tbe time of their trial to inspect without fee
or reward all depositions which bave been taken
against them and delivered in manner by law
required to tbe proper officer of tbe court before
which inch trial sball be bad or copied of socb
depositions- '
Sec 64. Depositions taken in the preliminary
or other investigations of any charge against any
person may be read as evidence io tha prosecu
tion of the same or any other offence whatever
opon tbe like proof and in the same manner in all
respects as tbey may according to tbe law now in
force, be read in tbe prosecotioo of ibe offence
with which said person waa charged when soch
depositions were taken.
Sec. 65. Where 'opon tbe trial of any per
soo charged with aoy offeoce against Chapter
XXXI of the Penal Code it sball be necessary
to prove that aoy coin produced in evidence
against soch person it falsa or counterfeit, by
the evideoce of any credible witness,
MI I. --Amendments not to prejudice after
Verdict.
Sac. 66. Every verdict and judgment which
shall be given alter tbe making of any amend
ment under thia act, shall be of tbe same force
and effect in all respects as if tbe indictment
had originally been in the same form io which
it was after sucb amendment waa made.
Sec 67. If it shall become necessary at aoy
time for aoy purpose whatsoever to draw up
a formal record in aoy Caaa where any amend
ment sball have been made under ibis act ,
such record shall bedriwu up in the form io
which the indictment was after such amendment
was made without taking any nonce of tbe fact
of such amendment having been made.
XIV. Of judgment and execution.
Sec 68. The verdict of the jury or the de
cision of the coort, as the case may he, sball
subject to arrest ol judgment, lound the sen
tence to be I a-. I in open court, by either of
tbejustices. pursuant to the penalities of the law
charged and foond lo bave been violated, sub
ject to the executive clemency, or a motion ia
arrest of execution for cause.
Sec. 69. Any judge of a coort of record,
may. for cause shown to bis satisfaction, respite
any convicted criminal lor any length of lime,
sufficient for the purposes of mercy, or not to
work injury to innocent third parties.
Sec 70. No person at tbe time insane, and
oo woman at the time quick with child, shall
suffer capital punishment: neither shall any
child suffer such punishment wbo has no
evinced a knowledge ol the distinction between
right and wrong.
Sec. 71. In all case where the law of this
Kingdom awards tbe punishment of death,
there shall always intervene at least turty
eight hoars between Ibe conviction and tbe
sentanre; and at least fourteen days between
the sentence and the execution.
Sec. 72. Tbe Marshal, or someone deputed
by bim, sball inflict the punishment of death,
by hanging tbe criminal by tbe neck until
dead, when tbe laxly sball be disposed ol pur
suant to tbe direction of the court. No capital
punishment sball be so inflicted until tbe war
runt for that purpose sball be signed by the
King ; nor shall aucb punishment be inflicted
after His Majesty's pardno.
Sec. 73. In all criminal cases where the
panishment is less than capital, the court be
fore whom tbe conviction is bad sball proceed
as soon tbereuller as may be, lo pass sentence
according to law, which senlenee sball be re
corded by ibe clerk, aud certified to the Mar
shal or his deputy io tbe order lor iiiiprisuo
nient, or other punishmeut. as tbe case may be.
XV Bepeal of Former Laws.
Sec. 74. The following laws and parts of
laws shall be and the same are hereby repealed,
Sections 1168 to 1184 of the Civil Code both
inclusive; An Act entitled "An Act to amend
Sections 1I6S and 1169 ol the Civil Code,"
appoved on the 24 day nf May, A. D. 1866.
Au Act entitled " An Act to auieod Sec
tion 1183 of the Civil Code." approved un Ihe
13lb day of May, A. U. 1868. and all other
laws inconsistent with tbe provisions of ibis Act.
Approved this 19tb day of September. A. D.
1876. KALAKAUA R.
ILDER Ik CO.,
Importers and Dealers is
LUMBER
BUILDING MATERIALS !
or
ALL DESCRIPTIONS
WWest Seaitliis, Beards!
Toofuad Grooved. Sarawad.
Planks. Battens Pickets !
11 ta. i 4, l ta. aad 1st, far
Fencing!
Laths Ac.
REIW !
Seaatliag. Boards. Plaak,
Battna UJ. lit, MMSj aaJ i-.'ti
Pwk.tt Ro.fh aad Paaey.
S jri.I Boards and Plaak. T ta t ta.
CLAPBOARDS, LATTICE.
RUSTIo SIDING.
TIMBER FOR SHIP USE
Sail utlsaM;
Clear Nor'West. for Planter's Use
EASTEBH WHITS PISE.
California and Eastern Doors, all sizes
SASH, all siits ; BLIND, all siaea ;
WHITE LEAD and ZINC I
rtivr OIL a SHALL MIH CalAP.
Patty aad Vanish,
O lata. 5. Isl aad 1.
Wall Paper and Border
VERY LOW!
Brawn Cottoo,
Iroa and Tinntd Taekt.
Paiat aad WhiUsath
A. W. PjEIRCE & CO.
Offer for Sale
SIMP CIIA.DLGRY
WHALE BOATS AND BOAT STOCK.
GROCERIES,
r'louLir cfc Bread !
Lime and Cement,
California Hay,
AND
By Steamer from San Francise.
Potatoes, Onions, &c.
Axonta fox
Brand'! Bomb Lancet,
Ferry Davis' Painkiller,
Punloa Salt Works
eavsaa
HUNT'S REMEDY.
TyHlH REMEDY W S ORIUXALIY PRE
. SCRIBED by an eminent phrairlan for a cass of
Dnpsy In Mrs. Ilunt'n family. John Hunt, aarxl about 45,
of a stout and plethoric bahlL, was sWsenl with a sudden
attack of ajeoerat dropsy, wblcb la a few daya tnrratrned
bis life. Tbe ordinary remedies had all pro veil ineAca
rfous, and under tbeir use the patient was fast lavJIins Into
an alartninsi state. The dropsy was general and eit nire,
leg swelled to an enormous size and the water Increasing
rapidly He was entirely unable lo He down to bed, and
was forced to remain night and day in a titling posture,
ritls state of things continued until by the advice of the
physician alluded to, the present remedy was tried. In
consequence of Its peculiar nature It was necessary to pre- I
ii.tr- It with great care, and In order to insure Ibis It waa
lo trusted to the family of Mr. limit to procure aud com
pound It.
The remedy was ) ministered, and almost from the j
momeut of its reception a d-cidd Improvement became
manifest. Tbe kidneys were Immediately affected and
roused to action ; tbe swelling of tbe legs rapidly suboUled, j
the Imisfs were freed and resumed their healthy and
ixreeable action : the flesh of limbs rspamdltselastlclly,
" caking " remaining, and he waa rapidly convalescing.
when unfortunately, prompt by this rapid Improvement,
he gave up the remedy for s short time.
It was uurortunate, for the curative prore-s was ar
rested, the kidneys flagged In their action, sgaiu becom
Ing torpid, tbe water Increased with frightful rapidity
and be soon again found himself In a very alarming stale.
The remedy was again had recour to, sod by its perse
vering use the disease was a aecond time subdued. But
this wssa most aggravated aod severe case, and II took ail
tbe virtues of the Remedy, combfued with care sod time,
to eradicate the eLTecta of tbe dlseaa. Kut through a per
severing ose of It a permanent cure was effected, ami be
resumed his active out-of-door occupation, within a short
time, a well man
This waa the manner In which the Remedy was brought
Into notice, and sloce then for a period of twenty Ave (2S)
years the medicine baa been prepared after the same ap
proved formula by Mrs. Hani, sad used by our flrst physi
cians In their p.lvate practice, for this and similar com
plaints. It has been well and favorably known aod extenalveliy
use ainced tbat time by all clasns, botb with and without
the advice of pbysjdans. and has been tbe meant of saving
frum a lingering and frightful disease, and untimely death,
many of oar moat estimable and well-known ctusWDs.
HUNT'S REMEDY.
METALLIC AND FIRE-PROOF PAINT
Tot Plantation or anv Utaar '. it.
Lock l,
Butts aad IIia(tJ,
Baits, Sarae,.
Uokt aaJ B. A j .
NAILS!
Salt in Quantities to Suit.
(II im
THEO. II. DA V IKS
orruu t oh saue
THE CAR.GO
Now being diacbaurged Itosb Use fin
BRITISH BARK " CLETA,"
12f daya from Liverpool.
The cargo consssta of a foil assort i
tol
COTTON, LINEN,
Woollen,
FANCY GOODS!
I I. ut. 1. 1 mini
Fiot anJ .Saw Prims,
Kmb'il Mallint, Whit. Ottoat, Daaitaa.
SaJdltn, Wool SairU, Priatwl SairU,
Nasi Tits. Silk Uabraliat,
Uodarahirtl,
Pilot JaoktU aad Troaatrt,
Blankets, Tweeds, Drills, Stationery,
Utrap Caavst,
Uoinall't fiat Ptrfanc,
Valval Kara aad Carpal.
Waurprovf Cluihiag;,
BAVMXta MWS-
PARIS PLOUGHS !
aipraMtj fur tht Itlaad lrada.i
Bass's Ala,
Blood, Wolf. A C.'t AW,
Edmood't Plg 8.-aad Porttv,
Lalaadt'i Clarat,
ROl'CUK-a
The cnlr known R.mlr for nritthf.
cured trerr cane of Propsr In wblcb It baa been
Klv.n : Irritation of tb Neck of the Bladder Jn&sniallon
of the KMneya t'lcermtluo or th. Kldnera and Bbwlov
Irtabelea. lo Stiictarejuid for Enfeebled and pair. It
Confutations of both .exrs, attended with tha fol
lowing irmptona : Lims of Power. Loss of Me
mory, DlflVnltr ol Breath mr. Weak Nervet. Wakerulneai,
Palnfol and Uraralnc Henmlkm In the Back or Loins,
Flushing of Ibe Body. Eruptions on tbe Face, Pallid Coun
tenance, Lassitude of toe Hj stem tic
HUNT'S REMEDY.
Ha. been before tbe public for more than twentr rears,
and baa been the meant of saving from lingering aod
frightful disease aod untimely death hundreds of oar moat
estimable and well known cluatna.
This Medicine was Sever Known to FaiL
Price 9 I .SO per Bottle.
MLLISOHAM -.
t-77 1m Sol. Agents for Hawaiian Island
CITIZEX.H AID BEaiDW.JaTM OF H01f
LULU, VisiUnif rrlends and .Stranger, generally art
cordially invited to sttesd Public Worship si FOKT 1ST.
( ill, m il, where services are held every MshOsui si II
o'clock A. M., and H P. M. Seals ait provided for all
woo may be pleased to attend. There la a Wed needs V
evening Prayer Meeting at 5 o'clock. In tbe Lecture
Koom, lo wnicn sll sr. welcome. 421 I y
NOTICE.
rXDEBSIUWlro HKREB T GIVE
public notice, tbat aa my wif., Kaalaokeabl Kaipo
Brown baa left my bed and board wlthoe. Just cause snd
provocation. I shall not be responsible tor any debts con
tracted by her oo my account.
WILLIAM BRXIWX.
Koios, August 21th, 1STS. 07 Urn.
PICTURES
AM
PICTURE FRAMES
NAPOLEON CABINET
CHAMPAGNE.
Fine Brand;. Whi.kej.
8herr and otbtr Wmti, Atoeaol.
Jams tad JallUs,
Castor Oil,
Lea A Psrria's Stoat,
Paiata aad Oils.
Hoop Iron, Fence Wire.
Corrugate! Booing, Bar Iroa,
Qslvaaited aad Hollow Vara,
Tla Vara. Knives aad Forks,
Children's Cribs.
LONDON PIANO FORTES
HAWAII fSW naos.
Pipes. Flower Pots. Kartbea- ware,
Slags-ware, Leather Bekrer,
Celebrated Silwate Fatal,
Vegetable Meebiserr OB.
Towell Duflryn Steam CoaJ,
Bay,
Colored Corals and Shells.
I suva saw v ajatr Tint Btt.t t
of the Floe sheila. Ottoswd ratal ai Caad Ble
I HAVE LATELY RECEIVED A FIVE AH
HORTKEXTof Oval Frames, sod also Moulding, Air
framing pictures. They vary from one back 10 three or
an aw :o-.ra eaea awj aval Bsaawawi
Oval Frames Dram it cents each end
Square Gilt Frames from t.00 each aad upward,
aware Black Walnut from f Las each
Picture .VaOs, Cords, etc, aao on Land,
Apply to
H. M. WHITNEY
hro'igbl from Mlcronsts in ft..
tooda In this line ever asm kere. There
few oT nek, and tboM wa wah 10 ears, us.
pieaae apply early.
Aa aa above vvawj will probrsty mMaaia
h, m. wmrifEY.
Columbia River Salmon !
"T aaTciTEa paa j.arauusBt
In barrela and hatf barrela. For sale by
A CO.
California Beef in Bond.
DRajRivae
aa,
Foeealebr
A CO

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