signature, with intent to defraud, is as much a forgery as if the party had signed that person's name.

§ 266. An intent to deceive is essential to forgery, but it is not essential that anyone should in fact be thereby deceived.

§ 267. In order to constitute forgery, the writing must, as made or altered, purport to be the writing of another party than the person making or altering the same, except in the case of an alteration by the maker of a writing in which others have a property or direct interest. § 268. It is not necessary, in order to constitute a forgery, that there should really be any such other person or party as the writing purports. For example, the drawing of a bill of exchange in the name of a fictitious person is as much a forgery as if it had been made in the name of one who was known to exist and to whom credit was due.

§ 269. To constitute forgery, it is not essential that the forged instrument should be so made that, if genuine, it would be valid. For examample, it is forgery to fabricate any false instrument on unstamped paper, which by law requires a stamp, or to make a false will of a living person, notwithstanding it can have no validity as a will until his death; provided, however, that it is essential, to constitute forgery, that the false instrument should carry on its face the semblance of that for which it was counterfeited, and that it should not be obviously invalid, void, and of no effect.

§ 270. The deceptive and fraudulently making of one's own signature as being that of another, the writing being such that others might thereby be deceived and defrauded or prejudiced, is forgery.

§ 271. Whoever is guilty of the forgery of any deed of conveyance, lease, promissory note, bill of exchange, due bill, check, order or request to pay money, or other writing whatever, to the amount, or involving or affecting the amount or value of one hundred dollars or more, shall be punished by imprisonment at hard labor not more than ten years and by fine not exceeding five hundred dollars.

§ 272. Whoever is guilty of the forgery of any writing to an amount less than that specified in the preceding section shall be punished by imprisonment at hard labor not more than five years and by fine not exceeding three hundred dollars.

§ 273. Whoever, knowing a writing to be false or forged, shall deceptively offer, pass, negotiate, assign, or transfer the same, or put the same into circulation as being true and genuine according to its apparent purport, shall be subject to the punishment above prescribed for the forgery of such writing.

§ 274. The cancelling, destroying, secreting, or obliterating a writing, being one's own or that of another, in which any other person has any property or direct interest, with intent thereby to defraud any person, or prejudice anyone in his person, property, rights, or interests, and whereby any person might be defrauded or so prejudiced, shall be subject to the penalty of forgery of the like writing. For example, fraudulently destroying a writing previously executed and delivered by the party destroying the same, or destroying a writing by tearing off or abstracting a part thereof.

§ 275. The knowingly and fraudulently filling up a signed blank otherwise than the party filling up the same is authorized by the signer or other person empowered thereto, to fill up the same, with intent, in either case, to defraud or prejudice such signer or any other person, and where such signer or another might be thereby defrauded or

prejudiced, is subject to the penalty for forgery of a like writing. But this provision shall not affect the validity of such writing as against the parties liable thereon. The knowingly and fraudulently uttering such writing shall be subject to the penalty for uttering a like forged writing.

§ 276. The false and fraudulent alteration of a writing made by the party altering the same, and previously passed or delivered, the alteration being such as may tend to deceive and defraud any person, is equivalent to forgery of such writing, and shall be subject to the like punishment.

§ 277. The fraudulently and deceitfully procuring a signature to, or authentication of, a writing, under pretense that it is another and different writing, whereby the person signing or authenticating the same is deceived, and signs or authenticates the same as and for such other and different writing, shall be subject to the penalty for forgery of a like writing or authentication; and the knowingly and fraudulently uttering such writing or authentication shall be subject to the same penalty.

§ 278. Any officer or magistrate, authorized by law to take any testimony, declaration, or statement on oath, who, knowingly and corruptly, falsely takes or certifies any testimony, declaration, or statement, as to the whole or in some material part, shall be subject to the penalty for forgery of like testimony, declaration, statement, or certificate; and the knowingly and fraudulently uttering the same shall be subject to the same penalty.

§ 279. Any registrar of conveyances, notary public, or other officer authorized by law to take acknowledgment or proof of any deed of conveyance of real estate, or any other instrument, in order to entitle the same to be recorded, or to be produced in evidence, or in order to give the same validity, who falsely and corruptly certifies that any such deed was acknowledged to him by any party thereto, or that proof was given to him of the genuineness thereof, shall be subject to the penalty for forgery of a certificate of like description; and the knowingly and fraudulently uttering any such false certificate shall be subject to the same penalty.

§ 280. Any registrar of deeds, clerk of any court, or any other officer or person having the legal custody of any public record, who corruptly and falsely (in or as to any material point) makes or certifies any record or purported copy thereof, shall be subject to the penalty for the forgery of a like record, copy, or certificate; and the knowingly and fraudulently uttering of such false record or certificate shall be subject to the same penalty.

§ 281. Whoever, after having been convicted of any of the offenses provided against in this chapter, is thereafter convicted of the same, or any other of the said offenses, committed after his being so convicted, shall be subject to an additional like punishment, not exceeding by more than one half the maximum punishment provided by law for the offense of which he is last so convicted.

NOTE TO CHAPTER 30.

§§ 263-281 are P. C., ch. 30, unaltered.

Cases in Hawaiian Reports: King v. Kalahuli, 3 Haw., 417; King v. Nakakualii, 3 Haw., 472; King v. Naheleaumoku, 3 Haw., 501; King v. Heleliilii, 5 Haw., 16; King v. Mahukaliilii, 5 Haw., 96; Rex v. Makamaka, 7 Haw., 394.

CHAPTER 31.

COINS AND CURRENCY.

§ 282. Counterfeiting is the fraudulent making or assisting in the making of a resemblance of coin, of less intrinsic value than the genuine coin of which it is a resemblance, with the intent that the same shall be uttered or put in circulation.

§ 283. Whoever shall fraudulently diminish the coin by clipping, filing, boring, or abrading it, or otherwise taking away a part of any true and genuine coin, and substituting a metal or substance of less intrinsic value in place of the part so taken away, or without such substitution, with the intent that the same so diminished in quality or intrinsic value shall thereupon be uttered as and for true and genuine coin, is guilty of counterfeiting within the meaning of the provisions of this chapter.

§ 284. Whoever shall add to true and genuine coin, by washing, coloring, or otherwise, any metal or substance so as to make it a resemblance of coin of a greater intrinsic value, with the intent that it shall thereupon be uttered as and for true and genuine coin, is guilty of counterfeiting within the meaning of the provisions of this chapter.

§ 285. The fraudulently putting counterfeit coin into circulation, passing it, or tendering it, or offering to pass it, as being true and genuine, or aiding therein, knowing the same to be counterfeit, is uttering the same; so also the selling, passing, delivery, or parting with counterfeit coin as such; with the intent that the same shall be, or with sufficient ground to believe that the same will be thereupon passed, tendered, or offered to be passed as true and genuine, is uttering the

same.

§ 286. The term coin, or true and genuine coin, as used in this chapter, includes only gold or silver money, or money of which gold or silver, or both, are the principal constituent parts, current by law or usage.

$287. Whoever is guilty of counterfeiting, or of uttering any counterfeit coin, being in confederacy with the counterfeiter, or being himself the counterfeiter thereof, shall be punished by imprisonment at hard labor for life, or any number of years, in the discretion of the court.

§ 288. Whoever is guilty of uttering any counterfeit coin, or of having in his possession ten or more pieces of counterfeit coin, knowing the same to be counterfeit, with the intent to utter the same as true and genuine, shall be punished by imprisonment at hard labor not more than twenty years, or by fine not exceeding one thousand dollars and imprisonment at hard labor not more than five years.

§ 289. Whoever is guilty of having in his possession any number of pieces of counterfeit coin less than ten, knowing the same to be counterfeit, with the intent to utter the same as true and genuine, shall be punished by imprisonment at hard labor not more than ten years, or by fine not exceeding five hundred dollars and imprisonment at hard labor not more than two years.

§ 290. Whoever utters counterfeit coin, knowing the same to be such, having received the same in good faith as true and genuine, upon legal and valid consideration, shall be punished by imprisonment at hard labor not more than five years, or by fine not exceeding one thousand dollars.

§ 291. Whoever knowingly casts, stamps, makes, or mends, or knowingly has in his possession any mould, pattern, die, or other tool or machine adapted and designed for counterfeiting coin, with intent to

use or employ the same, or cause or permit the same to be used or employed, for counterfeiting coin, shall be punished by imprisonment at hard labor not more than twenty years, or by fine not exceeding one thousand dollars and imprisonment at hard labor not more than five years.

§ 292. Whoever, having been once convicted of any of the offenses provided against in this chapter, shall thereafter be convicted of any or either of such offenses committed after such former conviction, shall be punished by an additional like punishment, not exceeding by more than one-half the punishment for the offense of which he is last so convicted. § 293. It shall be unlawful to cut and divide any of the lawful coins of the Territory into two or more pieces with the intent that such fractional pieces shall be used as coin. Whoever is guilty of mutilating the lawful coin of the Territory shall, upon conviction before a district magistrate, be punished by a fine of ten dollars, or by imprisonment at hard labor for twenty days.

§ 294. It shall be unlawful to pass or utter a fractional piece or pieces of coin as money, or as an equivalent for money. Whoever is guilty of passing or uttering such fractional coin, as aforesaid, shall, upon conviction before any district magistrate, be punished by a fine of five dollars, or by imprisonment at hard labor for ten days.

§ 295. It shall be unlawful to receive a fractional piece or pieces of mutilated coin as money or as an equivalent therefor. Whoever is guilty of receiving such fractional pieces, as aforesaid, shall, upon conviction before any district magistrate, be punished by a fine of two dollars, or by imprisonment at hard labor for five days.

§ 296. Nothing in sections 293, 294, or 295 contained shall be held to prohibit the buying up of mutilated coin as bullion.

§ 297. Any person or corporation, or officer thereof, or any company of persons, who shall issue any note, bill, order, check, or certificate of deposit in any sum of money, with the intent that the same shall be circulated as currency, shall be guilty of misdemeanor, and for every offense shall be punished by a fine of fifty dollars or be imprisoned at hard labor not to exceed one month.

§ 298. Any person, or any corporation, or officer thereof, or any company of persons, who shall pass any note, bill, order, check, or certificate of deposit (excepting only government certificates of deposit) which has already been issued, or shall be issued before sections 297-298 shall come into operation, with the intent that the same shall be circulated as currency, shall be deemed gu.ity of a misdemeanor, and, on conviction thereof, be punished by a fine of fifty dollars or by imprisonment at hard labor not to exceed one month.

NOTE TO CHAPTER 31.

§§ 282-292 are P. C., ch. 31, §§ 1-11; §§ 293-296 are S. L. 1890, ch. 69; §§ 297, 298 are S. L. 1888, ch. 73.

CHAPTER 32.
LIBEL.

§ 299. A libel is a publication in writing, print, or by a picture, statue, sign, or a representation other than by words merely spoken, which directly tend to injure the fame, reputation, or good name of another person, and to bring him into disgrace, abhorrence, odium, hatred, contempt, or ridicule, or to cause him to be excluded from society.

§ 300. The making of a libel is the writing, printing, devising, or in any

way forming the same, or iding or assisting therein, with the intent in either case that it shall be published; as, for example, the dictating or repeating it to another to write, or writing on such dictation.

§ 301. The publishing of a libel is the maliciously putting of it into circulation, or the promulgating, exhibiting, or distributing of it for the purpose of making it known to others, and thereby in fact making it known to others; or aiding or assisting therein, or the causing or promoting thereof.

§ 302. Malice is shown, in respect of libel, by making a publication or communicating it to others, willfully and purposely to the prejudice and injury of another. Hatred or ill will towards the party injured is not essential to libel.

§ 303. In every prosecution for writing or publishing a libel, the defendant may give in evidence, in his defense upon the trial, the truth of the matter contained in the publication charged to be libelous: Provided, however, that such evidence shall not be deemed a justification, unless it shall be further made to appear on the trial that the matter was published with good motives and for justifiable ends.

§ 304. The offense of making, as also that of publishing, a libel is of two degrees, and the degree is to be found by the jury, or determined by the court or magistrate authorized to decide on the facts; and so also the degree is to be determined by the court before which proceedings are had, where the facts charged are admitted by plea or otherwise.

§ 305. Whoever is guilty of the offense of making or publishing a libel in the first degree shall be punished by imprisonment at hard labor not more than one year or by fine not exceeding one thousand dollars, in the discretion of the court.

§ 306. Whoever is guilty of the offense of making or publishing a libel in the second degree shall be punished by imprisonment at hard labor not more than three months or by fine not exceeding three hundred dollars, in the discretion of the court.

§ 307. A libel on the dead is subject to a like punishment as one on the living, where the same is malicious in respect to persons living, and defamatory of, or an outrage against, or an injury to, persons living, and is intended so to be by the maker or publisher.

§ 308. A libel may be of a body, board, class, society, or association of individuals, public or private, no less than of one or more persons individually.

§ 309. Every public officer, and any board or body of persons having legal jurisdiction and cognizance of a matter, is privileged in writing, printing, or publishing, in good faith, and in the usual or in due course of proceedings, anything the writing, printing, or publishing of which pertains to the legal exercise of his functions and legal discharge of his duty as such. For example, judges are privileged in what concerns the due administration of justice, and juries in rendering their verdicts. § 310. Any person giving testimony or making statements under oath is not chargeable with libel for what he testifies relative to the subject matter in respect to which his testimony is required, or in pertinent reply to the interrogatories on which he is examined.

§ 311. A person shall not be subject to the punishment for libel for anything pertinent to the subject-matter of consideration or inquiry in good faith and on probable grounds, written, or printed, or published by him in the usual manner, or in due course of proceedings, as a party, counsel, agent, guardian, or representative of, or in behalf of a party, or of the public, in any prosecution, suit, petition, complaint, or