NOTE TO CHAPTER 10. 66 70-75 are P. C., ch. 10, unaltered. Cases in Hawaiian Reports: Alau v. Everett, 7 Haw., 82; Congdon v. Ackerman, 7 Haw., 569. CHAPTER 11. RAPE-SEDUCTION-ABDUCTION. § 76. Whoever commits a rape, that is, ravishes, or has carnal intercourse with any female, by force and against her will, shall be punished by a fine not exceeding one thousand dollars and imprisonment at hard labor for life or any number of years. § 77. Whoever ravishes or carnally abuses and knows any female child under the age of ten years shall suffer the punishment of death or imprisonment for life at hard labor, in the discretion of the court. § 78. Whoever maliciously assaults any female with the intent to commit the crime of rape, or maliciously assaults any female child under the age of ten years, shall be punished by fine not exceeding one thousand dollars and imprisonment at hard labor for not more than five years. § 79. Whoever commits the offense of abduction, that is, by force or deception takes or entices away or detains any female, with intent to marry or to carnally defile her, or cause her to be married or carnally defiled, without her consent given previously to her being so taken or enticed away or detained, shall be punished by a fine not to exceed five hundred dollars and imprisonment at hard labor not more than three years. § 80. If the female so abducted be a child under ten years of age, such abduction shall be conclusively presumed to be by force and without her consent and against her will. § 81. Whoever, by conspiracy or by willful falsehood or deceit, or under promise of marriage, seduces, causes, or procures any unmarried female to commit fornication shall be punished by a fine not exceeding one thousand dollars or by imprisonment at hard labor not more than two years. Provided, however, that in case the parties to such fornication subsequently legally intermarry together the above penalty shall not thereupon be inflicted. § 82. The female upon whom rape is alleged to have been committed, or who is alleged to have been abducted or seduced, is a competent witness in a prosecution for such rape, abduction, or seduction; but no person shall be convicted of rape, seduction, or abduction upon the mere testimony of such female, uncorroborated by other evidence, direct or circumstantial. NOTE TO CHAPTER 11. §§ 76-80 are P. C., ch. 11, § 1-5. § 81 is S. L. 1888, ch. 32. 82 is P. C., ch. 11, § 7. Cases in Hawaiian Reports: Woodward v. Rep., 10 Haw., 416; R. v. Ah Wong, 10 Haw., 524; Re Hoopai, 10 Haw., 610. CHAPTER 12. CAUSING ABORTION-CONCEALING THE DEATH OF AN INFANT. The causing of abortions has from ancient times been a great sin in this land: Therefore, it is hereby enacted: § 83. Whoever maliciously, without lawful justification, administers, or causes or procures to be administered, any poison or noxious thing to a woman when with child, in order to produce her miscarriage, or maliciously uses any instrument or other means with like intent, shall, if such woman be then quick with child, be punished by a fine not exceeding one thousand dollars and imprisonment at hard labor not more than five years. And if she be then not quick with child, shall be punished by a fine not exceeding five hundred dollars and imprisonment at hard labor not more than two years. § 84. Where means of causing abortion are used for the purpose of saving the life of the woman, the surgeon or other person using such means is lawfully justified. § 85. If any woman conceals the death of any issue of her body, whether born alive or not, which, if born alive, would have been a bastard, so that it may not be known whether such issue was born alive or not, or whether it was murdered, she shall be punished by fine not exceeding one hundred dollars and imprisonment at hard labor not more than two years. NOTE TO CHAPTER 12. §§ 83-85 are P. C., ch. 12, unaltered. CHAPTER 13. POLYGAMY-ADULTERY-FORNICATION-INCEST-SODOMY-PRO CURING. § 86. Every married person who marries another husband or wife within this Territory, or having married another husband or wife out of this Territory, cohabits with such other husband or wife within this Territory, is guilty of polygamy and shall be punished by a fine not exceeding five hundred dollars and imprisonment at hard labor not exceeding two years. § 87. A married person within the meaning of this chapter is one having a husband or wife living. § 88. A person whose husband or wife has been continually remaining beyond sea, or having voluntarily withdrawn himself or herself, has remained absent for the space of four years, and not been known by him or her to be living, shall not be considered a married person within the meaning of this law; neither shall a person who has been legally divorced from the bond of matrimony be subject thereto, in case his or her crime or misconduct was not the occasion of the divorce. § 89. Sexual intercourse between a man, married or unmarried, and a married woman not his wife is adultery by each; and between a married man and an unmarried woman is adultery by each. § 90. Every man who commits adultery shall be punished by a fine not exceeding one hundred nor less than thirty dollars, or by imprisonment at hard labor not more than twelve nor less than three months, or by both fine and imprisonment within the aforementioned limits, in the discretion of the court; and every woman who commits adultery shall be punished by a fine not exceeding thirty nor less than ten dollars, or imprisonment at hard labor not more than four nor less than two months, in the discretion of the court. § 91. Fornication is sexual intercourse between an unmarried man and an unmarried woman. Whoever is guilty of the same shall be punished by a fine not exceeding fifty nor less than fifteen dollars, or by imprisonment at hard labor not more than three months nor less than one month, in the discretion of the court. But if they shall law fully marry, with the consent of their parents, then the above penalty shall not be imposed. § 92. Illicit cohabitation shall hereafter be punished as adultery. § 93. Any man or woman who is guilty of lewd conversation, lascivious conduct, or libidinous solicitations shall be punished by a fine not less than two nor more than ten dollars or by imprisonment at hard labor not exceeding ten days. § 94. Whoever shall be convicted before any district magistrate of the Territory of having sexual or carnal intercourse with any female of this Territory under the age of fourteen years shall be imprisoned at hard labor for any term not less than three nor more than eighteen months, in the discretion of the court. § 95. Persons within the degrees of consanguinity or affinity within which marriage is prohibited who intermarry with each other, or commit an act of sexual intercourse with each other, are guilty of incest, and shall be punished by fine not exceeding five hundred dollars or by imprisonment at hard labor for not more than ten years. § 96. Whoever commits sodomy, that is, the crime against nature, either with mankind or any beast, shall be punished by a fine not exceeding one thousand dollars and by imprisonment at hard labor not more than twenty years. § 97. No woman shall be charged with or convicted of the offense of adultery or fornication because she is found pregnant or has given birth to a child. § 98. If any persons, after being divorced for any cause whatever, shall cohabit as husband and wife, they shall be liable to all the penalties provided by the laws against adultery. § 99. Whenever, in any case of criminal conversation or seduction, an action at law for the recovery of damages shall be instituted by any party entitled to maintain such action, then and in that case the woman who may have been the subject of such criminal conversation or seduction shall not be liable to be prosecuted criminally for adultery or fornication under the provisions of this chapter. § 100. Any person who shall in any manner solicit, or be privy to or aid or abet in the soliciting, of another to unlawful sexual intercourse; or to attend at any place where immoral dances, plays, or any indecent entertainment is being given; or to go to or attend at any place where a prostitute resides or carries on her business, or where prostitutes are generally known to congregate and assemble; or shall exhibit any writing, sign, character, or in any other manner indicate and advertise the business or calling of a prostitute; or do any other thing tending to allure and tempt another to go to or attend at any of the places indicated in sections 100 and 101; or shall lead, conduct, or drive any person to such place, or act as guide or conductor for that purpose, or for any of the purposes herein specified; or shall procure any prostitute for any person, whether such prostitute shall be actually taken to or conducted to such person or not, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not more than five hundred dollars or be imprisoned at hard labor not over one year, and if such person be a licensed driver, such license shall also be forfeited and he shall not thereafter be licensed to drive for two years. § 101. In cases arising under section 100, the magistrate or judge hearing the same may receive as evidence the fact that the person charged has no visible lawful means or insufficient lawful means of support, and is commonly about or in houses of prostitution, or in other places mentioned in section 100 hereof; or that in connection. with proof of committing any act forbidden hereby, such person is known to the police to be idle, vicious, and one who requires police surveillance. NOTE TO CHAPTER 13. §§ 86-99 are P. C., ch. 13, §§ 1-14. §§ 100-101 are S. L., 1896, act 18. Cases in Hawaiian Reports: R. v. Kalailoa, 4 Haw,, 39; Pahoa v. Haupn, 4 Haw., 158; Est. Gordon, 6 Haw., 290; Gov't v. Kamakanila, 9 Haw, 607; R. v. Kuhia, 10 Haw., 440; R. v. Waipa, 10 Haw., 442; R. v. Parsons, 10 Haw., 601. CHAPTER 14. BURGLARY. § 102. Whoever by night or day breaks and enters the dwelling house, room, building, store, mill, warehouse, outhouse, or vessel of another, with intent to commit a felony therein, is guilty of burglary. § 103. Breaking is actual or constructive. Actual breaking includes opening a door or window that is closed; constructive breaking is where entry is obtained by violence or threats of violence to the inmates or their property, or by fraud or by the aid of an accomplice. § 104. It is essential to burglary that there should be an entry, which may be made by introducing the hand, foot, finger, or any part of the body into the house or any apartment thereof entered; or by discharg ing or throwing any missile, or introducing any instrument or any part thereof into the same; provided, that the missile or instrument be used as a means of committing or attempting to commit a felony, and not merely as a means of breaking. § 105. Burglary is of two degrees, first and second. Burglary committed in the nighttime, or committed by one armed with a deadly weapon, or committed when any person having a right to be there is within the place burglarized, is burglary in the first degree; all other burglary is in the second degree. § 106. Whoever is convicted of burglary in the first degree shall be punished by imprisonment at hard labor for life or any number of years. Whoever is convicted of burglary in the second degree shall be punished by imprisonment at hard labor not more than twenty years. NOTE TO CHAPTER 14. §§ 102-106 are S. L. 1896, act 38, repealing P. C., ch. 14. Cases in Hawaiian Reports: R. v. Hulu, 3 Haw., 82; R. v. Asina, 3 Haw., 474; Re Rhodus, 6 Haw., 345; R. v. Ah Cheon, 10 Haw., 469; R. v. Naone, 2 Haw., 746; R. v. Asina, 4 Haw., 474. CHAPTER 15. § 107. Robbery is the stealing of a thing from the person of another or from his custody in his presence by force or putting him in fear. § 108. In order to constitute robbery, the force must be used, or the fear excited or taken advantage of, to prevent or overcome resistance, or to prevent or hinder the escape of the party robbed, or to prevent the conveying away, securing, or guarding the subject of the larceny from being taken, or to induce the party robbed to surrender the same, or to prevent detection of the crime. § 109. Though the taking be by force, yet if it be not with intent to steal, it is not robbery. § 110. The taking of a thing from another by means of forcibly imprisoning him, or forcibly putting him under personal restraint or duress until he shall surrender the same, is robbery. § 111. In order to render the taking through fear, where no violence is used, a robbery, it is requisite that the ground of fear should be adequate and not merely trivial and frivolous. § 112. An adequate cause of fear is such as would, under the same circumstances, cause fear in a person of ordinary firmness of like age, sex, and state of health, and induce such a person to part with property to avoid the apprehended injury or danger; or such as the taker of the thing believes or has reason to believe will cause, and such as does in fact cause, such degree of fear. § 113. Whether the robber obtains the thing stolen through the influence of fear excited by words, menacing gesture, the presenting a weapon, or other act causing fear, it will equally in either case be robbery. § 114. Robbery by one armed with a dangerous weapon with intent, if resisted, to kill, maim, wound, or inflict other severe corporal injury upon the person robbed; or where, being so armed, the robber in committing the offense wounds, or strikes, or inflicts other severe injury upon the person robbed, or any other person, is robbery in the first degree; and all other robbery is such in the second degree. § 115. Any person committing a robbery, being armed with a dan gerous weapon, shall be presumed to be so armed with the intent specified in the preceding section. § 116. Whoever commits robbery in the first degree shall be pun ished by imprisonment at hard labor for life or any number of years, in the discretion of the court. § 117. Whoever commits robbery in the second degree shall be punished by imprisonment at hard labor not more than twenty years. Cases in Hawaiian Reports: Re Rhodus, 6 Haw., 343; Gov't v. Hapa, 9 Haw., 622; R. v. Ah Cheon, 10 Haw., 469. CHAPTER 16. LARCENY. § 118. Larceny or theft is the feloniously taking any thing of marketable, salable, assignable, or available value belonging to or being the property of another. § 119. It is enough if the thing taken is of any pecuniary value, or valuable or economical utility, though it be not of any value to sell. § 120. In order to be the subject of larceny a thing must be movable or such that it can be removed. § 121. Any part of real estate that is movable or can be detached, severed, separated, or removed from the real estate of which it is a part may be the subject of larceny. § 122. In order to be the subject of larceny a thing must be the subject of property and possession. § 123. Domestic animals of value are the subjects of larceny, though not at the time within the actual keeping or control of the owner, or of |