each package, roll or parcel so sold, a label on which is plainly and legibly printed the true and appropriate name of such substance, shall be guilty of a misdemeanor and punished by imprisonment of not more than sixty days or a fine not to exceed two hundred and fifty dollars or both; but nothing contained in this Section shall be construed to prevent the use of harmless coloring matter in the manufacture of butter.

NOTE TO CHAPTER 21.

§§177-181 are P. C. Ch. 21 §§1-5. ing P. C. Ch. 21 §§6-8. $183 is P. C. 36, C. L. p. 543. §§185-186 are L. R. Ch. 84.

§182 is S. L. 1896, Act 32, repealCh. 21 §9. §184 is S. L. 1870, Ch. Act 25. §§187-188 are S. L. 1892,

False personation of an officer of the government, see P. L. §250.

CHAPTER 22.

$189.

ARSON.

Arson is a crime of willfully and maliciously burning the dwelling house of another.

$190.

Whoever willfully and maliciously burns in the night time, the dwelling house of another, in which there is at the time of such burning any occupant or inmate, is guilty of arson in the first degree, and shall be punished by death, or imprisonment at hard labor for life, in the discretion of the Court.

$191. Whoever willfully and maliciously burns in the day time or night time the dwelling house of another is guilty of arson in the second degree, and shall be punished by imprisonment at hard labor for life, or any number of years in the discretion of the Court.

$192. A malicious burning, is the offense of burning a thing, whether that of the offender or of another person, with intent to injure another, or without any legal or justifiable motive or object, and with a reckless disregard of the life, or personal safety, property, or legal rights, or interests of another, where the same are obviously, immediately, and imminently endangered by the burning.

$193. Where the thing burnt or attempted to be burnt, is that of another than the offender, malice shall be presumed; where it is that of the offender, the malice must be shown.

$194. Whoever willfully and maliciously, or fraudulently burns in the night, any building, vessel, or structure whatsoever, whether partly or wholly his own, or that of another, by the burning of which another might be injured, where the buildings, vessels or structures burnt, are, with their contents, of the value of one thousand dollars or more, is guilty of malicious burning in the first degree, and shall be punished by imprisonment for life at hard labor, or any number of years, in the discretion of the Court.

$195. Where the burning mentioned in the preceding seetion is in the day, the offender is guilty of malicious burning in the second degree, and shall be punished by imprisonment at hard labor not more than ten years.

$196. Whoever willfully and maliciously, or fraudulently burns, either in the night or day, any building, vessel or structure whatsoever, whether partly or wholly his own or that of another, by the burning of which another might be injured, where the buildings, vessels, or structures burnt, are, with their contents, of the value of five hundred dollars or over, and less than one thousand, is guilty of malicious burning in the second degree, and shall be punished by imprisonment at hard labor not more than ten years.

Where such value is less than five hundred dollars, it is a malicious burning in the third degree, and the offender shall be punished by imprisonment at hard labor not more than five years, or by fine not exceeding five hundred dollars, in the discretion of the Court.

$197. Whoever willfully and maliciously burns any pile or parcel of wood, timber, or lumber, or any field, patch, stack, or parcel of grass, grain, cane, or other vegetable product, whether severed from the soil or not, or any standing trees, brush or underwood, or other standing product of the soil of another, is guilty of a malicious burning in the third degree, and shall

be punished by imprisonment at hard labor not more than five years, or by fine not exceeding five hundred dollars, in the discretion of the Court.

$198. It shall be sufficient to constitute a burning, within the meaning of the provisions of this chapter, if any part of the building, structure, or other thing burnt, is on fire, though no part thereof is absolutely consumed.

$199. The provisions of this chapter shall apply to a married woman, equally with any other person, though the property burnt or set fire to may belong partly or wholly to her husband.

NOTE TO CHAPTER 22.

$$189-190 are P. C. Ch. 22 §§1-2. §191 is S. L. 1882, Ch. 5, C. L. p. 658. §§192-199 are P. C. Ch. 22, §§4-11.

Cases in Hawaiian Reports: King v. John Brown, 3 Haw. 114; R. v. Lau Chew, 8 Haw. 370; Rep. v. Saku, 9 Haw. 548.

CHAPTER 23.

MALICIOUS INJURY.

$200. Whoever negligently or maliciously destroys or injures any real or personal property of another, or injures or disturbs another in any of his rights or privileges of person or property shall be deemed guilty of malicious injury and shall be punished by imprisonment at hard labor not more than two years, or by fine not exceeding one thousand dollars.

$201. An act done in the fair exercise, assertion or vindication in good faith of a supposed legal right, shall not be punishable as malicious injury; but the question of good faith is for the Magistrate or jury to determine.

$202. If any dog shall injure or destroy any sheep or cattle, goats, hogs, fowls, or other property belonging to any person other than the owner of such dog, the owner shall be liable in damages to the person injured, for the value of the property so injured or destroyed; and it shall be the duty of the owner to confine or destroy such dog, and if he neglect or refuse to do so, he shall, in the event of any further damage being done to the person or property of any person by such dog, in addition to paying the person injured for such damage, pay the costs of the trial, together with a fine of ten dollars, or in default of the payment of such fine, be imprisoned at hard labor for the term of thirty days, and it shall be lawful for any other person to destroy said dog.

NOTE TO CHAPTER 23.

§§200-201 are S. L. 1896, Act 35, repealing P. C. Ch. 23 §§1-8. $202 is P. C. Ch. 23 §9.

Cases in Hawaiian Reports: R. v. Wansey, 8 Haw. 116; R. v. Saku, 9 Haw. 548.