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CHAPTER 20.

RECEIVING STOLEN GOODS.

$170. The receiving of stolen goods is, in contract or otherwise, the fraudulently taking, accepting of, detaining, keeping, concealing, or disposing of, the goods of another, stolen, embezzled, or illegally extorted by any one, or aiding therein, whether the same was so stolen, embezzled, or so extorted within or without this Republic.

$171. It is not requisite in order to constitute the offense of receiving stolen goods, that the receiver should intend any profit or benefit to himself.

$172. Whoever without fraud, obtains possession or control of goods, knowing them to be stolen, and afterwards fraudulently detains, keeps, conceals or disposes of the same, or aids therein, with the intent that the same shall not be restored to the owner, but that the owner shall be deprived and despoiled thereof, or of the benefit thereof, is guilty of the offense of receiving stolen goods.

$173. Receiving any specific part of the same thing that is stolen, is receiving stolen goods; as for example, a part of the carcass of a stolen animal, or a piece of a machine, broken in pieces after being stolen.

$174. Whoever is guilty of receiving stolen goods to the amount of one hundred dollars or more, shall be punished by imprisonment at hard labor not more than five years, and by a

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fine not exceeding five hundred dollars; and if it be to an amount less than one hundred dollars, he shall be punished by imprisonment at hard labor not more than two years, and by fine not exceeding one hundred dollars; provided, however, if this is the first offense, and the convict shall make satisfaction to the party injured to the full value of the property, he shall not be subject to punishment by imprisonment for such offense.

$175. If any person is convicted of receiving stolen goods, after having been previously convicted of such offense, or is convicted at the same term of the Court of three or more distinct acts of receiving stolen goods, he is a common receiver of stolen goods, and shall be punished by imprisonment at hard labor not more than ten years, and by fine not exceeding one thousand dollars.

$176. In any prosecution for receiving stolen goods, it shall not be necessary to aver nor on the trial to prove, that the person who stole the goods has been convicted.

NOTE TO CHAPTER 20.

§§170-176 are P. C. Ch. 20, unaltered.

Cases in Hawaiian Reports: R. v. Ah Cheon, 10 Haw. 469.

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CHAPTER 21.

GROSS CHEATS.

$177. Whoever shall designedly, by any false pretense, and with intent to defraud, obtain from another any money, goods, or other thing of value, is guilty of a gross cheat; for example, the obtaining of money or other property from another under false pretense of being sent for the same by a friend or acquaintance of his; or obtaining money by means of a letter fabricated in the name of another.

$178. Whoever shall, by any false pretense, and with intent to defraud, obtain the signature of any person to any written instrument, the false making whereof would be punishable as forgery, is guilty of a gross cheat; for example, by falsely reading a promissory note or other pecuniary obligation, with intent to procure the same to be signed by a person unable to read.

$179. Whoever, in the sale or purchase of any merchandise or other property, shall use any false weight or measure; or cheat another by the fraudulent use of any legal weight or measure; as for example, by dexterously sliding a yard stick, or by putting some other thing into a measure partly to fill the same, even though the vendee and vendor be present, is guilty gross cheat.

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$180. Whoever shall knowingly sell any kind of diseased, corrupted, or unwholesome provisions for the food of man, without making the same fully known to the buyer, is guilty of a gross cheat.

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Amended S.h. 1901

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$181. Whoever shall knowingly compound, prepare, or adulterate any substance intended for food, drink, or medicine for man, with any ingredient or matter so as to render such food, drink, or medicine injurious to health; or knowingly procure such substance to be compounded, prepared, or adulterated, is guilty of a gross cheat.

$182. Whoever is convicted of a gross cheat shall be punished by imprisonment at hard labor not more than two years, or by fine not exceeding one thousand dollars.

$183. No person shall be exempted from criminal prosecution for gross cheating, by reason of the party cheated having a remedy against him by civil action.

FALSE PERSONATION.

$184. Every person who shall falsely represent or personate another, and in such assumed character shall cause a license for marriage to be granted by falsely representing himself or her self to be the parent or guardian of a minor, or shall perform the marriage ceremony by falsely representing himself to be authorized by law to perform that ceremony, or shall falsely personate another before any public officer in doing any act required or authorized by law, or shall become bail or surety for any party, in any proceeding, civil or criminal, before any Court or officer authorized to take such bail or surety; or confess any judgment, or acknowledge the execution of any conveyance of real estate, or of any other instrument which by law may be recorded; or do any other act in the course of any suit, proceeding or prosecu tion, whereby the person so represented or personated may be liable in any event of any debt, damages, costs or sums of money, or his rights or interests may in any matter be affected, shall upon conviction, be punished by imprisonment at hard labor, not exceeding five years, and by fine not exceeding one thousand dollars.

$185. Any person not a duly commissioned police officer, or member of the Police Organization known as the "Citizens' Guard," who shall wear or display a Policeman's badge or a Citizens' Guard badge, or wear a Policeman's uniform or the uniform of a member of the Citizens' Guard, with intent to deceive, shall be deemed guilty of a misdemeanor, and upon conviction be punished by a fine not to exceed fifty dollars.

$186. Any person not a duly commissioned police officer, or member of the Police Organization known as the "Citizens' Guard," who shall wear or display a badge or uniform resembling the badges or uniforms authorized by the Marshal to be worn by police officers and members of the Citizens' Guard with intent to deceive, shall be deemed guilty of a misdemeanor, and be punished by a fine not to exceed one hundred dollars.

OLEOMARGARINE.

$187. Whoever knowingly sells to any person or offers for sale any butter manufactured from or by the use of "oleomargarine," so called, unless the package containing the same shall be distinctly marked "oleomargarine," shall be deemed guilty of a misdemeanor and punished by a fine of not more than two hundred dollars or imprisoned not more than twenty days or * both.

$188. Whoever knowingly imports, manufactures, sells or offers for sale any substance purporting to be, or having the semblance of butter, which substance is not wholly made from pure cream or pure milk, unless the same is imported or manufactured under its true and appropriate name, and each package, roll or parcel thereof, and each vessel containing one or more packages of the same, has distinctly and durably painted, stamped or marked thereon the true and appropriate name of such substance, in ordinary bold faced capital letters, or whoever sells any such substance to consumers without delivering with

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