$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 Republic 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 Republic, 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 pun

ished 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 Hawaiian Government certificate of deposit) which has already been issued, or shall be issued before this Act shall come into operation, with the intent that the same shall be circulated as currency shall be deemed guilty 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 aiding 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 justificiation, 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 pub-· lishing 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, any thing, 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 memorial, pending or about to be brought before any Court, jury, arbitrator, officer, person, board, or body, having according to law or the agreement of parties, authority to proceed therein.

NOTE TO CHAPTER 32.

§§299-304 are P. C. Ch. 32 §§1-6. §§305-306 are S. L. 1884, Ch. 11. §§307-311 are P. C. Ch. 32 §§9-13.

Cases in Hawaiian Reports: Waterhouse v. Spreckels, 5 Haw. 246; King v. Gibson, 6 Haw. 310; Govt. v. Smith, 9 Haw. 178-257.