Act, 20.

$55. An assault is a malicious attempt forcibly to do a corporal injury to another without authority or justification by law.

$56. A battery, or an assault and battery, is the malicious and forcible infliction of a corporal injury on another, without authority or justification by law.

$57. Whoever with malicious intent to maim or disfigure, or mutilate, shall cut out or maim the tongue, put out or destroy an eye, cut or tear off an ear, cut or slit or mutilate the nose or lip, or destroy or disable any limb, member or bodily organ of another, shall be punished by a fine not exceeding one thousand dollars, and imprisonment at hard labor not exceeding ten years.

$58. Whoever shall assault another, with intent to murder, or to maim or disfigure his person in any of the ways mentioned in the preceding section, shall be judged guilty of assault in the first degree, and shall be punished by a fine not exceeding one thousand dollars, and imprisonment not more than five years.

$59. Whoever being armed with a dangerous weapon shall assault another, with intent to commit burglary, robbery, manslaughter or murder, or other crime of such character, shall be punished by a fine not exceeding one thousand dollars, and imprisonment at hard labor not more than ten years.

$60. Whoever not being armed with a dangerous weapon, shall assault another with force and violence with intent to com

9.1017

mit burglary, robbery or theft, shall be punished by a fine not to exceed five hundred dollars, and imprisonment at hard labor not to exceed five years.

mended

S.L.

$61. Whoever shall commit an assault or an assault and battery on any public officer, civil or judicial, with intent to resist, prevent, hinder or obstruct him in the discharge or execution of his duty as such shall be punished by a fine not exceeding E one thousand dollars or by imprisonment at hard labor not more than two years.

$62. Whoever shall commit an assault or an assault and battery on another with a knife, sword-cane, or any other weapon obviously and imminently dangerous to life, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment at hard labor not more than two years.

$63. Whoever inflicts a slight corporal injury upon another, as by striking him with his fist, spitting in his face, inciting and causing a dog to bite him, or any injury of a like gravity, however slight, is guilty of an assault and battery, and shall be punished by a fine of not more than one hundred dollars, or by imprisonment at hard labor not more than six months, in the discretion of the Court.

$64. If any person assault, strike, wound, imprison, or in any other manner infract the law of nations, by offering violence to the person of a public minister, such person so offending, on conviction, shall be imprisoned not exceeding five years and fined at the discretion of the Court; and, if an officer of this Government, shall be liable to removal from office.

FOOT BINDING.

$65. The term Foot Binding" as in this Act [§§65, 66, 67], used, shall be held to mean the compression, mutilation, injury or deformity caused to the feet of young girls; also the

Vord

1. R.10

262

means used to so compress, mutilate, injure or deform such feet, as well as any attempt to do the same.

$66. Foot binding is hereby forbidden and any person who binds or attempts to bind the feet as covered or intended to be covered by Section 65, or who shall authorize, or permit foot binding, such person being a free agent, or in any manner be a party or privy thereto or shall in any wise countenance the same, shall be liable, on conviction before any District Magistrate, to pay a fine of not less than twenty-five nor more than five hundred dollars, or to be imprisoned at hard labor not less than ten days or more than two years, or both, at the discretion of such Magistrate; or such person or persons may in place of such punishment leave the Hawaiian Islands at a time to be stated by such Magistrate, and a return within five years shall be deemed to be a revival of the sentence suspended by such deportation.

$67. The terms hereof shall apply to all cases of foot binding existing at the time this Act shall go into effect, provided the same are not immediately discontinued, and every continuation of such foot binding shall constitute a new offense. Nothing herein contained shall be held to relieve any person who has assisted or been privy to any foot binding from all of the pains and penalties of the laws relative to assault and battery, maiming or any other appropriate law.

$68. Every person who without authority or justification by law shall injure, distort or deform the feet of any female child under the age of eighteen years, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment at hard labor not exceeding two years.

$69. No person shall be disqualified from testifying concerning any offense committed under this Act [$868-69] on the ground that his testimony might criminate himself; but he shall not be prosecuted for any matter in respect of which he shall have testified.

Cases in Hawaiian Reports: R. v. Howard, 1 Haw. 40; Irwin v. Porter, 1 Haw. 93; Coffin v. Spencer, 2 Haw. 23; Burrmeister v. Leyer, 2 Haw. 255; R. v. Young Quai, 8 Haw. 282; R. v. Ah Lum, 8 Haw. 377; Re Titcomb, 9 Haw. 131; Gov't v. Gallagher, 9 Haw. 588; Gov't v. Pahia, 9 Haw. 604; R. v. Li Shai, 10 Haw. 262.

CHAPTER 10.

KIDNAPPING UNLAWFUL IMPRISONMENT AND CHILD STEALING.

$70. Whoever kidnaps, that is, forcibly or fraudulently and deceitfully, and without authority by law, imprisons, seizes, detains or inveigles away any person, with intent to cause such person to be secreted within this Republic against his will, or sent out of this Republic against his will, or sold or held as a slave, shall be punished by a fine not exceeding one thousand dollars, and be imprisoned at hard labor not more than two

years.

$71. Whoever maliciously, without authority by law, imprisons another, or causes any one to be imprisoned, such imprisonment not appearing to be kidnapping, shall be punished by imprisonment at hard labor not exceeding one year, or by a fine not exceeding two hundred dollars.

$72. In the trial of any person for kidnapping or unlawful imprisonment, any alleged assent of the person charged to have been kidnapped or unlawfully imprisoned, shall be presumed to have been obtained by fraud or extorted by duress or threats, and shall, unless such presumption shall be rebutted by satisfactory proof to the contrary thereof, be null and of no avail in defense against the charge of such offense.

$73. Whoever is guilty of child-stealing, that is, maliciously by fraud, force or deception, conveying, leading, inveigling, taking, decoying or enticing away, or detaining or concealing any child under the age of eighteen years, with intent to deprive its parent or guardian, or any person having lawful charge of it,