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To this law, in the revision of the laws which took place in 1826, two or three particulars were added; one increasing the punishment with the repetition of the crime, and another expressly referring to those depredations in which burglary was committed, and a chest or box broken open.
III. RELATING TO PIGS.
If a pig enters a garden, and destroys the produce, let no recompense be required, because of the badness of the fence he entered. If stones are thrown at a pig, and it be bruised, maimed, or killed, the man thus injuring it shall take it, and furnish one equal in size, which he shall take to the owner of the pig killed or injured. If he has no pig, he shall take some other property, as a compensation. For a large pig, twenty measures of arrow-root, and for a smaller one, ten. If not arrow-root, cocoa-nut oil, as many bamboo canes full, as measures of arrow-root would have been required. If not (this) personal labour, for a large pig he shall make twenty fathoms of fencing, for a small one five, for the owner of the pig killed. If it be a good fence, and is broken (through the hunger or obstinacy of the pig) and the produce is destroyed, the pig shall not be killed, but tied up, and the magistrate shall appoint the recompense the proprietor of the garden shall receive. The owner also shall mend the broken fence.
IV. CONCERNING STOLEN GOODS OR PROPERTY. If a man attempting to steal property obtains it, and sells it to another, and the purchaser knew it to be stolen property which he bought-if he does not make it known, but keeps it a secret, he also is a thief; and as is the thief's, such shall be his punishment. Every person concealing property stolen by another, knowing it to be stolen, is also a thief; and as is the thief's, such shall be his punishment.
V. CONCERNING LOST PROPERTY.
When an article that has been lost is discovered by any one, and the owner is known to the finder, the property shall be taken to the person to whom it belongs. But if such property be concealed, when the finder knew to whom it belonged, and yet hid it, he also is a thief; and that his punishment be equal to that of a thief, is right.
VI. CONCERNING BUYING AND SELLING, OR Barter.
When a man buys or exchanges goods, let the agreement be deliberately and fairly made. When the bargain is finally and satisfactorily made, if one retains his (the article received,) and the other takes away his (the article given,) but after a short season returns it, the other (person) shall not take it again, unless he desires to do so; if agreeable to him to take it, it is with himself. If it be an article, the damage or defects of which were not perceived at the time of exchanging, but after he had taken it to his house were discovered, it is right that it be returned; but if the defects were known at the time of bartering, and when taken to the house were reconsidered, and then returned, it shall not be received.
VII. CONCERNING THE DISREGARD OF THE SABBATH.
For a man to work on the Sabbath is a great crime before God. Work that cannot be deferred, such as dressing food when a sick person desires warm or fresh food, this it is right to do; but not such work as erecting houses, building canoes, cultivating land, catching fish, and every other employment that can be deferred. Let none travel about to a long distance on the Sabbath. For those who desire to hear a preacher, on the day of food (the preceding day) it is proper to travel. If inconvenient to journey on the preceding day, it is proper to travel on the Sabbath (to attend public worship;) but not to wander about to a great distance (to different villages) on the Sabbath. The individual who shall persist in following these prohibited occupations, shall be warned by the magistrates not to do so; but if he will not regard, he shall be set to work, such as making a piece of road fifty fathoms long, and two fathoms wide. If, after this, he work again on the Sabbath, let it be one furlong.
VIII. CONCERNING Rebellion, OR STIRRING UP WAR. The man who shall cause war to grow, shall secretly circulate false reports, shall secretly alienate the affections of the people from their lawful sovereign, or employ any other means for actually promoting rebellion, the man who acts thus shall be brought to trial; and if convicted of stirring up rebellion, he shall be sent to his own district or island, and if he there again stir up rebellion, his sentence shall be a furlong of road. If he repeat the offence,
he shall be banished to some distant island, such as Palmerston's, and shall return only at the will or pleasure of the king.
IX. REGARDING BIGAMY.
It is not proper that one husband should have two wives, nor that one wife should have two husbands. In reference to the man who may have had two wives from a state of heathenism, let nothing be said, but let it remain; but if one of his wives die and the other remain, he shall not have two again. When a man obstinately persists in taking another wife, the magistrate shall cause his second wife to be separated from him; and shall adjudge, to both, labour as a punishment. The man shall make a piece of road forty fathoms long, and two fathoms wide and the woman shall make two floor-mats; if not these, four wearing mats; half for the king, and half for the governor (of the district.)
X. CONCERNING A WIFE FORMELY FORSAKEN.
The man, who, in a state of heathenism, forsook his wife and married another woman, shall not return to his former wife, neither shall the wife (having married another husband) return to the husband she forsook when in a state of heathenism. The man or the woman that shall persist to return, shall be punished; the punishment adjudged, shall be similar to that which is annexed to the breach of the ninth law.
XI. CONCERNING MARRIED WOMEN, AND MARRIED MEN.
This law respects the crime of adultery. [It is unnecessary to give the details of its enactments; it requires compensation in property for the offended party, and prohibits the offenders from marrying during the life of the injured individuals.]
XII. CONCERING (DIVORCE) PUTTING AWAY HUSBANDS, AND PUTTING AWAY WIVES.
That a man should put away his wife, who has not been unfaithful to him, is wrong. The magistrates shall admonish such an one that he receive his wife again. If he will not regard the admonition, let him be punished with labour till the day that he will return to his wife. If he is obstinate, and will not return, then they shall both remain till one of them die; the husband shall not marry
another wife. The woman, also, who shall forsake, or put away her husband without cause, the above is the regulation with regard to such. But if a man put away his wife on account of her great anger (violent temper,) and for her bad behaviour, such man put (her) away, the magistrates shall admonish the wife and the husband that they live together: but if they are perverse, they shall remain; the wife shall not take another husband, and the husband shall not take another wife. They shall also be adjudged to labour till they live together again. The husband's work shall be on the road or the plantation. The wife shall perform such work as weaving mats or beating cloth. For the king one part, and for the governor the other part, of the work they shall do.
XIII. CONCERNING THE NOT MAKING PROVISION FOR THE SUPPORT OF THE WIFE.
If a man does not provide food for his own wife, but afflicts her with hunger, the magistrate shall admonish such a husband that he behave not thus; but if he will not hear their counsel, and his wife, on account of this evil treatment, (she) leave, let him be sentenced to labour (if not a weak and sickly man) until the day that he will behave kindly to his wife. The work shall be such as making a road, or erecting a fence, for the king and the governor.
XIV. CONCERNING MARRIAGE.
Marriage is an agreement between two persons, one man and one woman, that they will be united in marriage. It must not be with a brother or a sister, but with a distant relation or a stranger, that a person may properly (lawfully) marry.
The marriage ceremony shall be performed by a Missionary, or magistrate. Those purposing to marry shall make the same known unto a Missionary, or to a magistrate; and the Missionary (or magistrate) shall cause it to be intimated to the people, that the propriety (of it) may be known. Perhaps there may be some cause that would render it improper for them to marry; if not, then they may marry. This is the evil (that would render it unlawful): perhaps the man may have forsaken his wife in some island or country, and may have travelled to another land, deceitfully to marry. So also it may be with the wife, and is also the regulation. Therefore shall the Missionary request the people, if they know of evil conduct
in any other land, that would render it unlawful, to make it known to him; then shall the marriage not take place. But if there be no evil (that would render it unlawful) then they may marry. On the day of assembling for worship, the Missionary shall publish this word-he shall then say unto all the people, "Such an one, and such an one, desire or propose to be united in marriage. The people will then seek or inquire, if there be any just cause why they should not live together.
When the day arrives for the celebration of marriage, let persons also come as witnesses. The Missionary shall then direct the man to take the right hand of the woman, when he shall say unto him, "Will (or do) you take this woman to be your lawful wife, will you faithfully regard her alone (as your wife,) until death? Then shall the man answer, “Yes.” The Missionary shall now direct the woman to take the man by the right hand, and shall ask her, "Will (or do) you take this man to be your lawful husband, will you be obedient unto him, will you faithfully regard him alone, (as your husband until death?) Then shall the woman answer, 66 Yes."
After this, the Missionary shall declare unto all the people, "These two persons have become truly (or lawfully) man and wife, in the presence of God and man." The register of the marriage shall be written by the Missionary in the marriage book, and signed by himself, the parties, and the witnesses. Thus shall marriage be solemnized. Let none become man and wife secretly, it is a crime.
XV. CONCERNING FALSE ACCUSATION.
The man who shall falsely accuse another before a magistrate, with intent to have the accused person brought to trial, or the man who shall falsely come as a witness, it being his intention or purpose, in giving false evidence, that the accused may be convicted or punished; if his accusation or evidence is proved to be false, the penalty that would have been adjudged to the accused, (had he been found guilty,) shall be transferred to such false
XVI. UNNATURAL CRIME.
This law refers to a crime, for the prohibition of which, perpetual banishment, or incessant hard labour for seven years, is annexed as the punishment of those who shall be guilty of its perpetration.