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CHAPTER 49.

ARRESTS.

$543. No arrest of any person shall be made without first obtaining a warrant or other process therefor from some Magistrate, except in the cases in this chapter hereinafter provided.

$544. Where a breach of the peace or other offense has been committed, and the offender shall endeavor to escape, he may be arrested by virtue of a verbal order of any Magistrate, or without such order, if no Magistrate be present.

$545. Any one in the act of committing a crime, may be arrested by any person present, without a warrant.

$546. Whenever a crime is committed, and the offenders are unknown, and any person shall be found near the place where the crime was committed, either endeavoring to conceal himself, or endeavoring to escape, or under such other circumstances as to justify a reasonable suspicion of his being the offender, such person may be arrested without warrant.

$547. Policemen, or other officers of justice, in any seaport or town, even in cases where it is not certain that an offense has been committed, may, without warrant, arrest and detain for examination such persons as may be found under such circumstances as justify a reasonable suspicion that they have committed or intend to commit an offense.

$548. At or before the time of making an arrest, the person must declare that he is an officer of justice, if such be the case.

If he have a warrant he should show it if required; or if he make the arrest without warrant in any of the cases in which it is authorized by law, he should give the party arrested clearly to understand for what cause he undertakes to make the arrest, and must require him to submit and accompany him to the jail or Magistrate. This done, the arrest is complete.

$549. In all cases where the person arrested refuses to submit or attempts to escape, such degree of force may be used as is necessary to compel him to such submission.

$550. He who makes an arrest may take from the party arrested all offensive weapons which he may have about his person, and must deliver them to the Magistrate, to be disposed of according to law.

$551. In all cases of arrest for examination, the person making the same must conduct the party arrested before the Court or Magistrate empowered to take such examination, within forty-eight hours after his arrest, except in cases where a longer delay is absolutely necessary to meet the ends of justice.

$552. Whenever it is necessary to enter a house to arrest an offender, and entrance is refused, the officer or person making the arrest may force an entrance by breaking doors or other barriers. But before breaking any door, he shall first demand. entrance in a loud voice, and state that he is the bearer of a warrant of arrest; or if it is in a case in which arrest is lawful without warrant, he must substantially state that information in an audible voice.

NOTE TO CHAPTER 49.

§§543-552 are P. C. Ch. 49, unaltered.

Jurisdiction for arrests, see P. L. Ch. 52.

Cases in Hawaiian Reports: Hubertson v. Cole, 1 Haw. 44; In re Flanchet, 2 Haw. 96; In re Kauffman, 2 Haw. 313; King v. Huntley, 2 Haw. 457; In re Jas. Brown, 6 Haw. 704; Re Man Nun, 7 Haw. 463; Re v. Sin Fook, 8 Haw. 186; Govt. v. Caeceres, 9 Haw. 528.

CHAPTER 50.

BAIL.

$553. Bail, or the giving of bail, is the signing of the recognizance by the person and his surety or sureties, conditioned for the appearance of the prisoner at the session of a Court of competent jurisdiction, to be named in the condition, and to abide the judgment of such Court.

$554. In all cases where the offense charged is not punishable with death, the accused shall be bailable, but in no others, provided that where the offense charged is punishable by imprisonment for life, or for a term exceeding ten years, any Justice of a Court of Record, but no other Magistrate, shall have the power to admit the accused to bail.

$555.

Bail

Bail may be taken by District Magistrates before committing the accused for trial, but after commitment, no one but the Magistrate who has heard the case, or a Judge of a Court of Record, can let a prisoner to bail. Provided, however, that when such bail is not furnished, the prisoner shall be committed to prison.

$556. Every defendant appealing from the decision of any Circuit Judge, or District Magistrate, in any criminal or penal prosecution, shall remain in the custody of the Marshal or Sheriff of the Island, until the term of the Supreme or Circuit Court to which said defendant has appealed, unless he deposit with the Marshal or Sheriff, a good and sufficient bond in a penal sum equal to the fine or penalty imposed upon such defendant in the Court below, conditioned for his appear

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ance for trial at the Supreme or Circuit Court as aforesaid. And in all cases where the punishment adjudged by the Circuit. Judge, or District Magistrate, is both fine and imprisonment, or imprisonment only, the Marshal or Sheriff shall exact from the defendant a bond, conditioned as aforesaid, in the penal sum of not less than one hundred, nor more than one thousand dollars.

$557. When bail is offered and taken the prisoner must be discharged from custody or imprisonment.

$558. Where the offense is the illegal infliction of a wound, or any other injury that may terminate in the death of the person injured, the Magistrate or Court cannot discharge the prisoner if it appear that there is a probability that death will ensue in consequence of such injury. In this case, the party must be committed for further examination, until the consequences the injury can be ascertained.

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$559. The amount of bail rests in the discretion of the Justice or Judge; but should be so determined as not to suffer the wealthy to escape by the payment of a pecuniary penalty, nor to render the privilege useless to the poor. In all cases, the officer letting to bail should consider the punishment to be inflicted on conviction, and the pecuniary circumstances of the party ac cused.

$560. Where the punishment of the offense is a pecuniary penalty only, the bail must be greater than the highest fine that can be imposed.

$561. No person shall be received as a surety for the appearance of the party accused, who does not own or possess property either real or personal within this Republic, to double the amount of the bail bond. And in case the officer taking the bail shall doubt the sufficiency of such surety, he may compel

the surety, either by his own oath or otherwise, to furnish proof of his sufficiency.

$562. A single surety will be sufficient, if he possesses and owns unencumbered real property within this Republic to double the amount for which he is bound, otherwise there must be two or more. A woman cannot be received as surety.

$563. When the person admitted to bail is a minor or married woman, the engagement shall, notwithstanding, be valid.

$564. If, owing to mistake or misrepresentation, insufficient bail has been taken, or if the sureties afterwards become insufficient, the accused may be ordered to find sufficient sureties by any Magistrate, and on his refusal, he may be committed for trial.

$565. In all cases where a Magistrate shall either commit for trial, or bail the accused, he may cause each of the witnesses who has been examined and has testified to any material fact or circumstance in the case to enter into a recognizance, with or without surety, at his discretion, in a sum fixed by the Magistrate, conditioned for his appearance at the sitting of the Court at which the accused is bound or committed to appear. If a witness shall refuse to sign such recognizance when required, may be committed to prison by the order of the Magistrate, and shall be confined until he shall be brought before the Court to testify, or until he shall give the recognizance.

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$566. Those who may have become bail for any one, may at any time discharge themselves, by surrendering him to the custody of the Marshal or Sheriff of the Island in which the Court at which he was bound to appear shall sit.

$567. The Magistrate who shall make any commitment or let any person to bail, shall without any unnecessary delay, at the

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