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may not judge, or when a judge removes to another land, the king and supreme chiefs shall nominate another, to perform the duties thus discontinued.

2. The duties of the chief judges. This is their duty.-When a man is tried, and his guilt fully established, the judge shall pronounce the sentence on his crime. The punishment written in the law, and annexed to his crime (shall be adjudged) and no other sentence.

3. Concerning recording the transactions or proceedings. -The judge shall write the name of the prisoner, with his crime, the names of the parties by whom he was accused, the punishment adjudged for his crime, in a book, for the inspection of the king and the people.

4. Concerning the emolument.-The property or salary of the chief judges shall be given yearly by the king. All fines or confiscations shall belong to the king, or the parties specified in the laws.

Concerning the (subordinate) Judges or Magistrates.

1. The king or supreme chiefs shall select or appoint the magistrates for all the districts.

2. Their duties.-A person accused of any crime, if the principal judge is not at the place, shall be brought before the magistrates of the district, who shall try such individual (in their respective districts;) at other seasons of public trial they shall also assist.

3. When a crime is committed, such as theft, or other similar offence, the person whose property has been stolen shall go to a magistrate, and give information of the same. The magistrate shall write the names of the accused and the accuser. If the person whose property has been stolen, or who has been injured, desires that the offender should be prosecuted, he shall be tried; but if not, he shall not at once be brought to trial.

4. The magistrates shall endeavour to extinguish every kind of evil that may appear, especially quarrelling, family broils, obstinate contentions, and fighting, that peace may be preserved. Let not the people treat them with disrespect.

5. When sentence has been pronounced, let the magistrate inspect its execution, and direct the messengers or officers that it be fully attended to.

6. It is with (or it is the duty of) the king to furnish the remuneration for all the magistrates; such remuneration shall be yearly given, for their vigilance in making straight that which was crooked.

Concerning the Jury.

1. No man shall be tried for any great crime without a JURY. There shall always be a jury, excepting in minor offences, quarrels, &c.

2. When a man is tried for any crime, the judge shall select six men to be a jury, men of integrity shall he select; they shall mark or hear attentively the untwisting or investigation (of the matter.) When the evidence and examination are ended, the jury shall confer privately on the statements and evidence they have heard during the trial, the words of the accusers, and the words of the accused, with the evidence or testimony of the witnesses, If they unitedly think the person tried is really guilty, that he committed the crime (there having been the evidence of two credible witnesses,) and if they agree that he is guilty, one of their number shall address the judge, saying, This man is really guilty. Then shall the judge pronounce the sentence upon the criminal; the sentence written in the law shall he pronounce. But if the whole of the jury think the man accused is not guilty, then one of their number shall say, There is no guilt. If it be one of the king's family that is tried, then the jury shall be members of the reigning family, (or individuals also of equal rank :) if a landed proprietor or farmer that is tried, of landed proprietors or farmers, only, shall the jury be composed.

3. If during the trial the jury desire to put any question to the prisoner, or to the witnesses, it is right they should do so.

4. If the accused person observes any one on the jury, whom he knows to be a cruel or evil-minded man, or a man of whom his heart does not approve, it will be right for him to say to the judge, "Remove that man, let him not be on the jury." Then shall the judge seek another man in the place of one so removed, and shall proceed in the trial of the accused. If it be two or three on the jury, of whom the prisoner does not in his heart approve, they shall be removed; but in reference to four, or the whole jury, it will be improper. When two are removed, two others the judge must seek; when three, then must the judge seek to fill the place of those removed, and then judge the person accused.

Concerning the Messengers of the Magistrates.

Their duties. This is the duty of the messenger, (or peace-officer.) When a man is accused to a magistrate,

the magistrate shall send a messenger to the accused per son, to bring him before the face of the magistrate, and guard or take the custody of him during the trial. When the trial has terminated, the messenger shall superintend the execution of the sentence pronounced by the magistrate or judge, and, in subordination to the magistrate, shall vigilantly inspect the convicts, till the sentence be accomplished.

2. Concerning their remuneration.-The king shall give annually to the messengers, such property as may be appropriated to them, for their vigilance in preserving the order (and peace) of the land.

DIRECTIONS FOR THE JUDGES AND THE JURY.

1. The Judges and the Jury shall not regard the appearance (circumstances) of men. If a man of influence (be brought before them) let him be a man of influence; if a neighbour, let him be a neighbour; if a relative, let him be a relative; or a friend, let him be a friend; this they shall not regard. That which is written in the laws, and that alone, shall they regard.

3. When an offence is committed, such as theft or adultery; if the injured person desires that the offender should be tried, he shall go himself to the magistrate, and give information. The magistrate shall write his name, and the name of the person accused, that it may be regular in trial. But offences which affect the whole island, such as murder, rebellion, conspiracy, working on the Sabbath, it shall be competent for any person to give information to the magistrate; and the magistrate shall write his name, and the name of the person accused. The magistrate shall not regard or bring to trial on vague reports. It is proper that some individual should go and lodge the information.

3. When a person is brought to trial, and when the magistrates are assembled-the accused, and the accuser, and the witnesses, being also present-the magistrate of judge shall publicly declare the crime of which the offender is accused, and shall then ask him if it is a true word or accusation. If the prisoner replies, "Yes, it is a true word," the judge shall pronounce the sentence. But if the person accused replies, "It is not, I did not commit the offence;" then shall the judge request the person on whose information he was apprehended, to state his accu

sation. If there be two witnesses, let there be two; if three, (let there be) three. It is proper that witnesses should have the clearest, strongest evidence. Then shall the judge request the prisoner to declare what he has to say. If there be a person there that knows the accused to be innocent, he shall give his evidence; and if there be two, let there be two; if three, let there be three; they shall deliver all their word or evidence. If the person accused wishes to ask his accuser any questions, it is right for him to do so. He shall inquire of the judge, and the judge shall repeat the question to the accuser.

When a

4. No man shall be confined without cause. pig breaks into a garden, the owner of the pig shall not be bound, but information shall be given to the magistrate, and he shall send his messenger to bring the owner of the pig, that he may be tried according to Law III. The same course shall be adopted in all petty offences: but for murder, theft, rebellion, &c. and all great crimes, it is proper to secure (the offender.) Let not the confinement be long before the person is brought to trial. One, two, or three days will be sufficient. Let it not be longer.

5. When petty offences are committed, the district magistrates shall try the offenders; but in all great crimes, the judges and the jury shall assemble in one place for the trial.

6. When a man is tried by a district magistrate, and sentenced by him, if the person sentenced think that the judge has been irritated with him, and has increased his punishment; if (from these considerations) he shall sayI will go to the chief judge and the jury to be tried, it is right that he do so. They shall both go before the supreme judge and a jury, to be tried.

7. When a man is tried, convicted, and sentenced by the jury and judge, he shall not be maltreated, as by beating with a stick, piercing with a spear, or enduring any other savage practice. It shall not be practised. The punishment appropriate shall be adjudged.

8. When a man is convicted of any great crime by the judge and the jury, and they unanimously think that he deserves punishment; then the judge shall write on a paper his crime, and his own and the jury's decision on which he has been sentenced. This shall be taken to the king, and if the king approves of their decision, he shall write upon a paper brought by the judge, "It is fully approved," and write his own name underneath, then

may not judge, or when a judge removes to another land, the king and supreme chiefs shall nominate another, to perform the duties thus discontinued.

2. The duties of the chief judges. This is their duty.-When a man is tried, and his guilt fully established, the judge shall pronounce the sentence on his crime. The punishment written in the law, and annexed to his crime (shall be adjudged) and no other sentence.

3. Concerning recording the transactions or proceedings. -The judge shall write the name of the prisoner, with his crime, the names of the parties by whom he was accused, the punishment adjudged for his crime, in a book, for the inspection of the king and the people.

4. Concerning the emolument.-The property or salary of the chief judges shall be given yearly by the king. All fines or confiscations shall belong to the king, or the parties specified in the laws.

Concerning the (subordinate) Judges or Magistrates.

1. The king or supreme chiefs shall select or appoint the magistrates for all the districts.

2. Their duties.-A person accused of any crime, if the principal judge is not at the place, shall be brought before the magistrates of the district, who shall try such individual (in their respective districts ;) at other seasons of public trial they shall also assist.

3. When a crime is committed, such as theft, or other similar offence, the person whose property has been stolen shall go to a magistrate, and give information of the same. The magistrate shall write the names of the accused and the accuser. If the person whose property has been stolen, or who has been injured, desires that the offender should be prosecuted, he shall be tried; but if not, he shall not at once be brought to trial.

4. The magistrates shall endeavour to extinguish every kind of evil that may appear, especially quarrelling, family broils, obstinate contentions, and fighting, that peace may be preserved. Let not the people treat them with disrespect.

5. When sentence has been pronounced, let the magistrate inspect its execution, and direct the messengers or officers that it be fully attended to.

6. It is with (or it is the duty of) the king to furnish the remuneration for all the magistrates; such remuneration shall be yearly given, for their vigilance in making straight that which was crooked.

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