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Polynesian Researches

Regulations for the Judges, the Jury, and the Messengers (or Peace-officers.)

Regulations for the Judges, the Jury, and the Messengers (or Peace-officers.)

Concerning the Principal Judges

1.

The king, or supreme governors, shall select the chie judges; and when a judge dies, or is interdicted that he page 188 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.

page 189

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 commited 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

1.

Their duties.—This is the duty of the messenger, (or peace-officer.) When a man is accused to a magistrate, page 190 the magistrate shall send a messenger to the accused person, 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.