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THE CIVIL CODE
- t -. Continued.
1118. Ia actios- o recover At Ui any tpe-
tiSa fxvymlf, real or noaal, or aaj specific tbar
er bjtrrset, er rfgkjt te property, real or personal la kind, at la
HI of rrpievla, uc of ejectment, tbe plaintiff In person, or by
attorney, than Hie with Um eWk of tbe court, a petition (or
faimss, which Bay a ia tbe following form t
TM ondertttrned cosn plains or , defendant, residing
; , Island of , that te has unjustly, and contrary to lav
rights of the plaint iff, taken into bis possessioo od
! Mnml to bis ase, (or oecupeuon, as tbe case may be) the
fcUowior property, ris: (here set tortb tbe property wrongfully
m the aVfeodaot's poaseaaoa, wbecher real or personal, and if
jm ssnsl. tbe article by name or description, and if real, tbe
'i rs, bounds, quantity and incaiity thereof, with tbe kind of
Us fisher il by tbe plaintiff) rained at dollars or of in
ejectment, state in lien of tbe value, to tbe damage of said plain
tiff dollars. Wtteretbre, the plaintiff asks tbe process of
this eowrt, to cite tbe said defendant to appear and answer this
man plaint before a jury of the coon try, at tbe term of this
coart. anleas sooner disposed f by judicial authority, and that
4he plaintiff may bare restitution of said property, jrith dama
ges for its detention (or as tbe case may be.)
Sao. 1119. Ia canes of ejectment, under -the last
' f-recedinr section, the plaintiff mar, according to
" . " T, f Vf- - - .1 . . I 1- J ..
n mi gin m . aucgv uka iiewiioii, uk un am
in ml sin p-eome one for him, will commit destruction of tene
. men is or a. f property, on the premises in controversy. pe
' aVare fife, add thereupon ask for process of inju-ietlon, or other
restrainios; process of tbe coon, as such plaintiff may judge
- proper to ask.
Sec 1120. Ia every such ease, in which process of
constraint to the person or property of a defendant ia
prayed for, no such process shall issue until the plaintiff or some
eee eo his behalf, shall hare filed a bond conditioned for the
resBborsemcot to tbe defendant of all costs, charges and dama
ges sustained by him in consequence of the swit, in case the
plaintiff tail to sustain bis action. L'pos the fllinr of the peti
tion and bond, any Judge of tbe coart at chambers, may sanc
tion a constraining writ, by endorsing thereon his written al
lowance, without which no executive Judicial officer shall be
justified ia the seizure, constraint, restrain' or commitment of a
dVfeadaas. er ia tbe seizure, attachment, removal, detention or
injunction of als property, real or pet sonal.
e& 1121. If the jaJge deem it proper that the t
defendant, or any of several defendants, shoald be
beard before granting1 an Injunction, be may grant an order
, requiring cause lo be shown, at a specified time and place, why
the injunction sboold not be granted and the defendant may,
ia tbe Mean time be restrained. -
Sec 1122. In ease the petition contains no prayer
for eoostraininsj process, the clerk shall issue a sum
mons, addressed to tbe Marshal or his deputy, which may be In
tbe following form t
Xom are commanded to summon , defendant, in ease
be bail file written answer within twenty days after service
thereof, to be and appear before the supreme coart, (or circuit
court for tbe judicial circuit) at tbe term thereof, to be
bolden at -, on tbe day of next, at o'clock
A. M-, to abow cause why the claim of , plaintiff,
should not be awarded to him pursuant to the tenor of his an
nexed petition. - And have yon then there this writ with fall
. mora cfyaw proceedings thereof.
Witness, , Enquire,
Chief J astice of the Supreme Court, at Honolulu,
(SeaL) this day of , 1.
' ' , Clerk.
See. 1122. In case the petition contains a prayer
for process of constraint against the defendant, or bis
as opt i ty. and tbe plaintiff has filed with the clerk a bond as
. aweacrlbod la section HA), approved by a jodfre at chambers, and
the Judge nas aiioweu we constraining process, we ckti dhj
' less a summons to tbe form prescribed in tbe last preceding
ssctina, with an additional cause after tbe words, annexed
petition,- as follows s
And you are further commanded to arrest the said defendant
and commit him to prison, unless be sh U give bond to answer
aa aforesaid, (or to attach and keep safely the said personal
property until Judgment of restitution be awarded or refused)
(or to enjoin the said defendant under penalty of dollars, not
as sell, mortgage, lease or rent tbe said real property, lands and
trnementa, nnul tbe dissolution of such injunction by competent
See. 1121. In all cases of attachment, sequestra
tion or injunction of real property, the officer serv
ing tbe writ shall, ia addition to personal delivery of a cony
thereof ta the defendant, post upon tbe premises a copy of tbe
process, and a notice of tbe day and hour when attached, seqoes
- (rated er enjoined, and shall also give notice thereof in tbe
"Qoveroment Gasea . Alt after-leases, mortgages, sales, be
quts s. assUnmsiils. treat or other convey ances of said property,
sjDtil tbe aiasolntioa of the process, shall be void in law as
' Egjjmt tbe plaintiff In such caes.
Sec 1125. All persons residing or being in this
-kingdom shall be personally responsible in damages,
for trespass or injury, whether direct or consequential, to the
person or property of others, or to their wives, children under
aajnrwy,r wards, by sdth offending party, or by his wife, or
..J Ass chtid binder majority, tr by bis command, or by hie animals,
4omxl or ferm natmrm ; and the party aggrieved may prose
cute therefor in tte proper courts.
' " 8es- 1128. Upon failure of any party defendant,
iter having been served with the process prescribed
ia sections 1101 and 1122, to answer tbe complaint within
twenty days after service, tbe plaintiff in the action, npoa proof
se a judge at chamber, shad be entitled to an order tor judg
ment by default, debarring tbe defendant from tbe right to
ar. The juaje or tae court, snau nave power, nowever, to
the delaait, ia their discretion, for good and sufficient
, - See. 1127. Tbe clerk shall, after such default,
enter tbe nose npon the calendar of assessments to
be made t parte at the term, npon sole adduction of plaintiff's
' evidence, without admitting the defendant ta rebut the same :
provided, howiver. that tbe defendant may in person, or by
s-nr-t, cross examine tbe plaintiff's witnesses, and address tbe
jary in mitigation of damages.
Sec 1128. Tbe measure of damages in all cases
contemplated by section 1116, shall be according to
the true kgal Interpretation of tbe court npon tbe la m. instru-
ssent, contract or agreement ; and in all cases of injury, direct
or tisKSjttrntisl. to tbe plaintiff in person, or his wife, child or
servant, or to his, her or their character or feelings, or to his
pce-ierty, real or personal, tbe measure of damages shall be deter
saiaed by the Jury.
See. 1129. In actions of ejectment to enferee the
. right of possession of lands.it shall be sufficient to
serve tbe party ia actual possession thereof, though he be not
tbe adverse claimant or if no one be in actual possession at the
tjsae. so pest a copy of tbe process, and notice to tbe party
- cWisomg ilrerstly. in somcconapienooa place upon the premises,
at least thirty days before the first day of tbe term of the court
at whidt the case is to be tried. '
See. 1130. Issues of fact arising in any suit, con
templated by sections 1100 and 1116, shall be tried -by
a jury, unless a jary trial be waived by tbe parties with the
'" eeasent of tbe court.
". tRIAL BY EEFEREE3.
See. 1131. In all cases of complication, and in
eaaew iavolving long accounts, the cSurt may, npon
tbe written application of either party showing satisfactory cause,
er of its own motwn, appoint competent referees, as provided In
secooa Ml, ta bear and decide upon tbe facts and merits of the
ease, reporting their decision to the coart t provided, however,
that this provision shall nut extend to any case contemplated by
sections 111 and 111$.
Serv 1132. Referees so appointed shall be sworn
' to the faithful and speedy investigation of, and to an
' Vmest award open, tbe matters submitted to them. All per
sons residing for the time b-ing within the Jurisdiction of the
eoctrt. and liable Ia serve as Jurors, shall be liable to serve as
nA rets upon appointment.
See. 1133.. Either party may take exception to
- the decJvn of the referees, upon a question of law,
and ft shad be the duty of the referees lo note such exception.
' " See. 1131... The report of referees in any cause
hall be signed by them, or a major ty of tbem.
Tory shall file it with the clerk of the court by whom they were
appointed, and such clerk shall notify tbe parties.
Sea 1135. Tbe party in whose faeor the report
hall have been made, shall, within ten days after
being notified by tbe clerk, move the court, or a judge at cham
bers, giving at lean f-irty -eight boors notice of such motion to
the opposite party, for judgment of confirmation, which the
.. eourt or ju-ire shall grant or refuse upon bearing the parties, or
wpoo defaalt of tbe opposite party to appear, after proper notice
of such motion.
- See.' 1136. Either party may except to the decis
ion of a judge at chambers upon the report of referees,
file the grounds of bis exception with tbe clerk of tbe court in
arrest of Jwbrment. and require such decision to be reported to
tbe eoart upon tbe calendar of motions, for reconsideration. If
cjoaffrmatioa be awarded or refusedoy a circuit court, either
party may except and take aa appeal to the supreme court,
pou filing his exceptions with tbe clerk of the circuit court in
jhrrest of Judgme&t, within five days after the rendition of its
TRIAL BY THE COURT.
See. 1137. Tbe parties to a civil suit may, with
, the consent of the court, waive the right to a trial by
Jury, either by written consent, or by oral consent in open court
,. entered on the miaotee.
. See.. 1138. . In such case the court shall hear and
j?ctde tbe cause, both as to the facts and the law,
' and aa a.etsinn sfcaU be rendered tn writing. If the taking of
sav account bo SMceasary to enable tbe eonrt to complete lis
. Jaitjaisis . a reference may be ordered for that purpose.
Cae. 1133. Any party deeming himself aggrieved
ky tbe decision of a circuit eourt, on a question of
law. la any sneb ease, may appeal therefrom to the supreme
eoart, wpno filine; written notice of such appeal wirb the clerk of
tW circuit eourt, within five days after tbe rendition of it
CJBMnrCfO A CASE WITHOUT ACTION.
Cae. 1140. Parties to a question in difference.
irrt be tbe subject of civil action in the
l ceavt, may, without action, agree npoa a case contain-
ins: tbe Sacks anon wbkh tbe eaotroversy depends, and present a
siitisslasina of tSa same to tbe Justices ef tbe supreme court,
either ia lsrt tae or ta acation. But it must appear by affi
davit, that ts nail' tuny la real, and tbe proceedings in good
sViUt, bs dctssate tS rights of the parties.
Etc 1U1- Tl justices, or s majority of them,
g!!l taerecpoa Lrtr and determine the case, and
JsiUmrsl msrsia, wrwmg, as W aa action were de-
C 1142. Jtjnr t ctx3 H catered in such
T-t, aa la. ordinary cUU ac". .?. Ths ease, the
g '-aod be art. m dect tern, CucX conef r-ste tbe recoSa.
1 VliX Tie Ji.Ijmet be Ciil, and may
- to , -yd ia the same manner as it it bad been
. JO LZ7LZAL CAUSHJ OF ACTION.
1144. The plaintiff la a civil suit may unit
' I ffMBSeS Of act Ion in tae en me cviapiauii wucu.
i er. '-
r aeer spatfc real w-sbij, w"
( t wfcaboldina' tasraot. or for waata nuasnini il
-s sad prefits of lbs same er,
e real peat seal property, with or witb-
aw vwtoe of a
assy i . Skiaeoataf i
t . -
" V 'r t
11a furtberaoce of justice and oa the Gke terms, allow any peti
tion or other pleading to be amended in any matter of mere form,
or by adding or striking out tbe name of any party, or by eor-
i recung a nustaae in too name oi a pany, m m - -
outer respect. - . t
SET-OFF. AND TENDER.
See. 1146. It shall be competent to tbe defendant
in any civil action to plead an offset of like kind and
denomination, existing la tbe same right tetween bim and the
plaintiff, or having made a legal tender of money In full Pay
ment of the plaintiff's demand, to plead such tender, an bring
the amount thereof Into court In bar of further interest and costs,
after such tender.
Sec. 1147. If the demand set off is founded on a
bond or other contract having a penalty, no more
shall be set off than the sum equitably due.
Sec 1148. If there are several plaintiffs, the ile
mand set off shall be due from them all jointly ; if
there are several defendants, the demand set off, shall bedue to
tbem all Jointly, except as to provided in the following section.
Sec 1140. When the person with whom a con
tract is made, has a dormant partner, and a suit is
brought on such contract, by or against the partners Jointly
anydebt, due to or from the person with whom the ''T
made, may be set off in like manner, as if such dormant partner
bad not been Joined in tbe suit.
Sec 1150. When an action is brought by one
person in trust, or for the use of another, thede fend
ant may set off any demand against the perf
benefit tbe action to brought, la like manner as if that person
were tbe plaintiff in the suit.
Sec 1151. The plaintiff shall be entitled to every
ground of defense against such set off. of which i he
might have availed himself, In an action brought against bim on
the same ground.
Sec 1152. The statute limiting personal actions,
if applicable to the set off, shall be applied in the
same manner, as If enaction thereon had reuwnmenced at
tbe time when tbe plaintiff's action was commenced.
DEPOSIT IN COURT, &c
Pee. 1153. When it is admitted, by the pleading or
i ' : r . n.rt. that he has in his possession,
or under hi. Control, any money, or other thing, Pht
livery, which being tbe surjeci '" - " -
as trustee for another party, or wnicn ceion., -
another party, the eonrt may order the same. urnnotwn, to
T , . j.iii to .irh nartv. upon such con-
ditionsas may be Just, subject to the further direction of the
a. nfu Whenever in the exercise of its autnor-
. -et ahall have ordered the deposit or delivery
of money or other thin, and the order U dUobeyed,
besides nunUhine the disobedience, may make an order requir
ing the Marshal, or any of his deputies, to take ine mooe, ur
... . - v.S tha il irwrflnn
thing, and deposit or deliver it in comuruuij "
of tbe court-
JUDGMENT AND EXECUTION.
Sec 1155. Judgment shall be entered by the clerk,
irhnnt mMinn. immediately upon the rendition of a
..t . uHmmit of the eourt in banco, or of a judge at
chambers, and execution may issue thereon at any time there
after, when called for, unless notice ia, given at the time of ren
dering the verdict, or Judgment, of a motion for a new trial and
the filing of a bill of exceptions and bond, as provided by statute.
within ten days alter the rendition or uci ttiv. .
provided-that execution may issue within ten days, even though
luchnoSce be given, when good and sufficient cause can i be
shown theref.. The provisions of this section shall not affect
tbe right of appeal.
R. Anv iMirtv aeainst whom a verdict or
judgment is rendered, as set forth in the last pre
ceding section, may. upon filing a sufficient bond of security.
conditioned for Ue payment of all costs of motion In case neiau
to sutain the same, and tiiat ne win o tu ii
pUiniiar in the action, remove or otherwise dispose of any pro
!. - t,... li.hb. tn execution on such juilgment, and
upon giving notice of said motion and the grounds thereof to
,k- nnit nartv. move the court at any time within ten days
after rendition of verdict or judgment, for a new trial, for any
cause for which by law a new trial may ami onght to be granted.
The filing of the bill of exceptions and bond shall operate as a
stay of execution, until the niotioo is determined.
WRIT OF ERROR.
Sec 1157. Any party deeming himself aggrieved
h the decision of a police justice, or of a circuit
Judge at chambers, or of a circuit court In banco, or of any
Justice of the supreme court, or oy me Tmut m -j".,,'" 'j
civil suit, may at any time before tbe execution thereon is fully
satisfied, within six months alter me rendition x juukukui, "
with the clerk of tbe supreme court, his reasons for deeming
himself aggrieved, assigning the causes of error, in such deciiion
w. lirS- Such party mar. upon service of copy
of such assignment of errors, and tender of error bond
of security, conditioned for the payment oi costs m t- m
to sustain his application, and that he will not to the detriment
of tbe adverse party, remove or otherwise arapnse oi any pro
perty be msy have liable to execution on the judgment, and
npon at least ten days notice to the adverse party or his coun
sel, apply to any Justice of the supreme court, for a writ of
error tone issued to tne court wmw, w nc -supreme
court, as tbe case may be. commanding such court or
clerk to certify up the record and proceedings Lad in the cause,
that tbe errors assinnged may be corrected.
Sec 1159. Upon the return of the writ with the
record sent up, the supreme court msy grant an
order lo the adverse party to Jn in error on pain of revere! of
the former Judgment ; and, after hearing the parties, or such of
then aa mav attend 1tnr that purpose, shall thereupon give
judgment, either affirming or reversing, or modifying ta. former
judgment, or remanding the cause for a newiaL
. Sec 1160. Every writ of error shall operate as a
stay of execution, before the actual sale of property
and satisfaction of judgment, and no executive judicial offiter
shau, after notice, proceed to satisfy any execution the judg
ment in regard to which bas been removed by writ of error i
provided, that such stay shall not release property under
actual levy at tbe time, tf the I nner Judgment be affirmed
by the supreme court.
Sec 1161. The several courts of record may, from
time to time, make such rules as they may deem
necessary, for the guidance of their respective cierlts in making
up calendars of the causes, civil and criminal, coming on for
trial in said courts.
Sec. 1162. Causes placed, upon the calendar shall
be taken up and disposed of in tbe order in which
they stand, unless postponed by tbe court at tbe request of the
plaintiff or the defendant.
Sec 1163. When a case is reached npon the cal
endar, the plaintiff Bhall be called by the clerk, and
If thcplaintiff be not present, nor represented by counsel who
U present, or if he or his counsel being present, decline to an
swer when so called, be snay be declared non-uit with costs.
If, upon calling the plaintiff, he does appear, and tbe defendant
having Joined issue des not appear, or answer when called, the
court may order judgment by default to be entered against such
defendant, and allow the plaintiff to proceed rr parte before
the eonrt or jury, and the verdict of the jury or decision of the
court, shall be rendered on such tx parte showing, unless good
cause appear to the eourt for postponing the case.
Sec. 1 164. At tbe trial of every civil suit, the plain
tiff shall have the right to open tlje case, and first to
introduce bis witnesses and vouchers,and he shall also have
the right to sum op the entire evidence, and close the debate
after the defendant bas fully ceased. The defendant may crom
examine the plaintiff's witnesses, and he shall have tbe right
to introduce bis witnesses of defence, when the plaintiff hss
rested his cause. Tbe plaintiff may, in torn, cros-tiniine the
defendant's witnesses. When all the evidence has closed, the
defendant (hall sum up his defence to tbe court or jury : pro
vided, that the Justices of the supreme court may. by standing
rule, modify the application of the foregoing provisions, should
it appear expedient to do so.
Sec 1165. Whenever two or more actions are pend
ing at one time between the same parties and in the
same court, upon causes of action which might have been joined,
the court may order the actions to be consolidated into one.
Sec 1166. Tbe time within which an acts to be
done, as provided in any part of this chapter, shall
be computed by excluding the first day, ami Including the last.
If the last day be Sunday, it sliall be excluded.
Sec 1167. When a cause of action "ias arisen in
any foreign country, and by the laws thereof an ac
tion thereon cannot there be maintained against a person, by
reason of tbe lapse of time, an action thereon shall not be
maintained against him in this kingdom, except in favor of a
domiciled resident thereof, who has held the cause of action -from
the tune it accrued.
Abt. XLVIL Of Criminal Prosecutions.
Sec. 1168. In all offenses against the laws of this
kingdom, triable only by a court of record, the of
fender shall be arraigned and prosecuted by Indictment, by the
b-gal prosecutor of the crown, at the-ensoing term of the court
having jurisdiction of the offense, nnless tbe trial be postponed
by the eonrt. at the request of the party accused, or to afford
reasonable time to obtain evidence on behalf of the prosecution.
Sec 1169. The necessery bills of indictment shall
be prepared by tbe district attorney of each judicial
circuit, respectively, and it shall be bis duty to present such
bills of indictment to the presiding Judge of the court, before the
opening of the term, and such Judge shall, after examination,
certify upon each bill of indictment, whether he finds f be same
to be a true bill or not.
Sec 1170. The district attorney shall furnish to
tbe clerk of the court, at least three days before the
first day of tbe term, a li't of all criminal cases triable by jury
at such term, that the calendar may be made np.
. See. 1171. Any person indicted for a crime punish
able with death, shall, on demand upon the clerk, by
himself or his counsel, have a list of ie jurors returned deliver
ed to him, and sliall also have process to summon such witnes
ses as are newssary to his defence.
Sec 1172. In all cases in which the party accused
ia unable to employ counsel for his defence, the court
may assign bim counsel from among the licensed practitioners,
who sliall use every lawful exertion in his behalf, without fee
or reward, npon pain of contempt to the court.
Sec 1173. Every native Hawaiian, arraigned upon
indictment for any offense shall, on demand upon
tbe district attorney, be furnished with a copy of tbe Indict
ment in tbe Hawaiian language. , - '
Sec 1174. Tbe indictment shall be read aloud to
the accused party, in open eourt, and after the read
ing thereof, tbe presiding judge shall call upon bim to plead
thereto, either guilty or not guilty. If tbe plea be guilty, tbe
clerk sha'.t enter the same of record, and no Jury shall be neces
sary In tbe case i but tf the plea be not guilty, a Jury shall be
empanneied as prescribed by law. If the plea be guilty of the
facts alleged in tbe indiotatent, but denying that these facts con
stitute tbe oSeose charged, there shall be no jury trial, but a
trial on debate, at tbe bar of the court, upon the Uw Involved.
Sec 1175. The prosecuting attorney shall open the
ease, and first introduce bis witnesses and proofs,
and after the evidence for tbe defence bas been presented, and '
tbe accused, or bis counsel, has summed up and closed hie case,
tbe prosecuting attorney shall have the right to sum up the en
tire evidence and close tbe debate.
Sec." 1176. Under an indictment for robbery, lar
ceny, or any other offense, of more than one degree,
the jury may, when the evidence will not warrant a verdict of
guilty in tbe degree for which the prisoner Is Indicted, return a
verdict lor any lumr degree of the same offense
Sec 1177. Tbe verdict of tbe jury, or the decision
of tbe court, aa tbe case cay be, shall, subject to
arrest of Judgment, foaad the seuneeto be passed kippea
court by either of the Jaetleee, pa - tbe peoal4 of tha
law charged and found to have ben " et to the ex
ecutive clemency, or Jo a motion ta i t e .
8ec 1178. The failure to i
dictmeot. if found, at the efisw ,
nnless tbe venae be changed, or arnicas .
by the court, or a failure to n the tr ..
Isvatverf. of a verdict of c -v by t
srre m"snl of two l -s ,
shalt i aa acquittal ef itast. sas. L,t
c- - - t from custody, savsst, 1
Tw -. cr receding section.
Cae. 11T9. V a bill of indictment Lj i .'
artinat aa accused person, by reason cl Li lira-
rlf an sat cl peraoa is trlgt spaa .lasasaS. sas sin -;
by the Jary on the ground of k , ail thereupon, 1?
the discharge or going at large of saekt person shall be deasaea
dangerous to tbe peace or safety of le community, the court
may order his confinement la the custody of Uw Marshal.
See. 1180. Any judge of a eonrt of record may, for
cause shown to his satisfaction, respite any convicted
criminal for any length of time sufficient for the purposes or
mercy, or not to work Injury to Ipnaeent third parfees.
Sec 1181. No person at the time insane, and no
woman at the time quick with child, shall suffer
capital panUh'ment t neither shall any child suffer such pnutob.
ment, who has not evinced a knowledge of the distinction between
right or wrong.
Sac 1182. In all cases in which the law of this
kingdom awards the punishment of death, there
shall intervene at least forty-elght hours between the conviction
end the sentence and at bast fourteen days between tbe sen
tance and tbe execution.
Sec 1183. The Marshal, or some one deputed by
hrm, shall iniict the punishment of death, by bang
ing the criminal by tbe neck untiT fully dead, when the body
shall be disposed of pursuant to the direction of the court. o
capital punUbment sliall be so inflicted until the warrautfor
that purpose be signed by the King, and attested by the Kn
hlna Nul ; nor shall such puuUhment be Inflicted alter Uis
Majesty's pardon. ' . .
Sec 1184. In all criminal cases when the punish
ment is less than capital, the court before whom the
conviction to bad shall proceed as soon thereafter as may be, to
pass sentence according to Uw, which sentence shall be record
ed by the clerk, and certified to tbe Marshal, or bis deputy, in
the ordtr for imprisonment, or other punishment, as the case
Art. XLVIII. Of Jurus, and of Trial by Jury.
Sec 1185. It shall be the duty of each of the gov
ernors, respectively, in concert with some judge cf a
court of record, to prepare, annually, In tbe month of January,
a list of the names of one hundred persona, being native Ha
waiian!, residing within ti eir respecuve gubernatorial divisions,
who, in the opinion of such governor and Judge, are competent
to serve as jurors.
Sec. 1186. Each list shall be signed by the gov
ernor and judge preparing the same, and sent to the
clerk of the supreme court at Honolulu, who shall write each
name contained in such list on a separate piece of paper, and
deposit the same In appropriate boxes to be kept by him for
Sec 1187. The slerk of the supreme court shall,
at lesst twenty dsys before any term of the circuit
eonrt, for the second, third and fourth judicial clrcults.lir of any
term of the circuit or supreme court In tbe fin Jiriideircult.
at which there may be cases coming on for trial, lo which both
or either ol the parties aye native Uawaiians, iu the presence of
-one of tne justices oi ids suiirr-mc ww i
the Sheriff of Oahn, draw from tne appropriate orauw
of twenty-four native jurors, who shall be summoned to serve
at the ensuing term of such court, in the cases above mention id.
Sec. 1188. It shall be the duty of the Governor of
nh., .i ti.a finvomor of Mnui. respectively, in
concert with some ludge of a court of record, to prepare semi
annually. In the months of March and septemoer, a u i .
names of fifty persons residing within their respective guberna
torial divisions, being foreigners by hl-th. or of foreign parent
age, who are competent, iu the oplib of such governor and
judge, to serve as jurors.
Sec. 1189. The lists of names provided for in tne
lost nroepdinc- section, shall be siirned and sent to the
clerk of the Supreme Court, and by hiui disposed of In the man
ner prescribed in section USO, in reiauon to urns J"'
Sec 1190. The clerk of the Supreme Court shall,
oV Wt twontv dava before an? terra of the circuit
court for the second judicial circuit, or of the Circuit or Supreme
Court in the first judicial circuit, at wnicn mere mjr in
coming on for trial. In which both or either of the parties to a
foreigner by birth, in the presence of one of the Justices of the
Supreme Court, and the Marshal, or the Sheriff of Oahu, draw
from the appropriate box the names of thirty six foreign jurors,
who shall be summoned to serve at the ensuing term of such
court, I J the cases above mentioned.
sv 11 Ql. Whenever it mav be necessary or pro
per, for the trial of any cause in the circuit court for
the third or fourth judicial circuits, to have a Jury composed
-,kii.. - i.. nrt .f f.iriirTi. c the nresidin a juil ite of such cir-
cuit court, for the time being, shall summon, from among the
foreigners residing within such circuit, a sufficient uumoer
persons to act as jurors in such case.
Sec. 1192. It shall be the duty of the clerks of the
.orom.1 nmirts of record, respectively, at least twenty
days before any term of such court, at which there may be any
criminal case or cases coming on for trial, in which any accused
party is an alien foreigner, to send a letter (opon the request of
.. ...i narfv. or his counseH to the nearest consul, or vice-
consul, of the nation to which such accused party belongs, if any
there be within the kingdom, requesiing mm, wi or oci.-i n.c
tenth day from the date of said letter, to propose the names of
ihi-.s 1-r.mi rmidinir within the circuit. Tor the acceptance
of the Hawaiian Government, as Jurors from which may be
drawn a Jury for the trial of such accused person or persons.
Sec 1193. The elerkyof the several courts of re
cord, so far as the acceptance of such persons as
jurors Is concerned, are empowered to act for and on behalf of
tbe government, witnin tneir respecuve nauiii.
Sec. 1194. In case of the refusal or neglect of such
consul, or vice-consul, to propose said jurors within
ten days after the date of such request, such refusal or neglect
shall be considered as a proposal on the part of said coiwul or
vice consul, that the jury for the trial of such accused person, or
neraons. shall be drawn from the array of Jurors for the trial of
civil cases in which any foreigner is a party.
See 1195. When a list of thirty-six persons shall
b dulv proposed by such consul or vice-consul, and
acceted by said clerk, their names shall be certified to the Mar
shal, or his deputy, who shall summon Item to attend uKn the
court as juiors for the trial ol such accused person or persons.
Sec 1196. In all civil cases in which one party is
a native Hawaiian, and the other a foreigner, (alien
or naturalized.) th r Jury shall be composed of an equal number
of natives and foreigners, who snail ne urawn alternately imm
the boxes containing the names of such natives anil foreigners
as have been summoned to attend the eourt as jurors, In such
cases provided, always, that either party, with the consent or
the other, may waive his right to a mixeu jury.
Sec 1197. All native Hawaiians, accused of any
crime, shall be tried by a jury composed entirely of
natives; and all naturalised foreigners, by a Jury composed en
tirely of foreigners, who shall be drawn from the array of nativ;
and foreign jurors, resictiveiy, returned to serve at the term.
Sec. 1198. At the trial of any Case requiring a
jury, in tbe Supreme Court, or in any Circuit Court,
the clerk of the eourt shall draw such jury, to the number of
twelve, from the box or boxes containing the names of such per
sons as have been duly Minimoned to attend as jurors; and if any
nf the said twelve be challenged ami set aside, he shall continue
to draw from said box or boxes until twelve impartial jurors are
obtained, when they shall I sworn as the jurors for the trial of
Sec. 1199. Whenever a sufficient number of jurors
duly summoned, do not appear; or cannot be obtained
to form a jury, the opurt ma order the Marshal, or his deputy,
to summon from among the bystander, or from tbe circuit at
Urge, so many persons qualified to serve aa jurors, as shall be
Sec. 1200. Tho Marshal, or his deputy, shall sum
mon the number so ordered, and return their names
into court. Every pervm so summoned shall attend forthwith
and serve as a Juror, unless excused by the eourt; and for eery
neglect or refusal so to attend, shall be answerable to the court
in the same manner as jurors regularly summoned as hereinbe
f,,re provided. The persons as summoned shall be subject to
challenge as other jurors.
Sec. 1201. Every person arraigned and put on his
trial for any offense punishable with death, shall be
entitled peremptorily to challenge ten of the persons drawn as
jurors for such trial, and no more.
Sec 1202. In all cases, civil or criminal, either
party may challenge any juror drawn for such trial,
for cause to be assigned to the presiding judge, who may deter
mine the validity of the objection nrped against the competency
of such juror, or submit the question to the determination of
three triois to be appointed by bim.
Sec. 1203. No jury, for the trial of any case, civil
or criminal, shall be less than twelve in number; but
when nine of such jury shall agree upon a verdict, they may
render the same, and such verdict shall be as valid and binding
opon the parties as if rendered by all twelve.
Sec. 1204. Whenever any jury shall return into
court, and state that they cannot agree upon a ver
dict, the court may, n Its discretion, disc' arge such Jury, or re
mand them to the jury room for further deliberation.
Sec. 1205. The Chief J ustice of the Supreme Court
shall have power, in any intricate case, or case in
volving artistical or professional knowledge, or skill, pending in
such court, upon the application of either party, to summon the
adverse party to appear and show cause. If any he has, why a
special jury should not be struck for the trial of such case.
Sec 1106. If the adverse party do not appear in
obedience to the summons, or, appearing, fail to as
sign any satisfactory cause to the contrary, and the Chief Jus
tice shall be of the opinion that the ends of justice will be best
reached by such a fury, be may order a special Jury to be struck.
Sec. 1207. Special juries shall be struck in the fol
lowing man : The Chief Justice shall appoint a ti;i e
and place for striking the Jury, at which the party applying for
such jury shall notiry the adverse party to attend. The clerk of
the Supreme Court shall, at the time and place appointed, draw
off a full list of the names of the Jurors last furnished him for the
trial -of civil cases; (native, foreign or mixed, as thecase may
be,) when tbe parties io person, or by attorney, beginning with
tbe plaintiff, shall alternately strike off from said list, one name,
until only twelve names remain on the list; and those twelve
sliall constitute the jury to try the particular cause for which
they were struck. If either party shall fail to attend at the time
and place of striking such jury, or shall neglect to strike out any
names according to the foregoing provisions, the clerk sliall sUike
Sec 1208. The twelve jurors chosen as provided in
the last preceding section, shall be summoned in like
manner as other jurors, and shall be In like manner answerable
to the court for non-attendance. They shall not be liable to
challenge for any cause whatever.
Sec 1209. Tbe expense of striking a special jury
shall be paid by the party applying for the same, and
shall not be taxed ia the costs of the suit. -
Sec 1210. It shall be the duty of tbe clerk of tbe
Supreme Court to certify to the Marshal, or bis
deputy,' the names of all jurors, both native and foreign, who are
drawn to serve at any term of the Supreme Court, or of any
Circuit Court, aa provided in sections 1187 and 1190, In order
that such Jurors may be duly summoned. Said clerk shall also
publish the names of such Jurors a tbe Government Gazette, for
Sec 1211. Every such juror, if duly summoned at
least forty-eight hours previous to the holding of tbe
court, shall be punishable for non-attendance, by fine not exceed
ing one hundred dollars. In the dbcres'n of the court, for each
day that be tails to attend without reasonable cause; and be may
be brought up by summary attachment for that purpose.
Art. XLDLOf VUntuet and Evidence.
Sec 1212. The clerks of the several courts of re
cord shall issue to the district attorney, and to any
party plaintiff or defendant In any cause, civil or criminal, de
pending before said courts, respectively, or to tbe counsel of such
party, writs of subpoena for witnesses, in blank, that the names
of the witnesses to be summoned may be Inserted after the tosu
Ing of such writ- ' -
- Sec 1213. Such writs of subpoena shall be signed
by tbe clerk, and impressed with tbe seal of tbe coart.
and shall be obligatory apoa the Marshal and his deputies, and
3w part -w aetuv j
C 3.1214. C u r
cf witnesses dal 7
ladtsj. t -A
.. i bit r
u:i t it--
. - .
t OCH.C Ttl
t ef(-a jvorervf
-v rower 14 eaa- t Jr i
' - . ,
s T""r- .
w r 1
l .rHas als traveling fees be paid, er tendeiea to
JU of toe servtos of the subposna. .
Sec 1217. Witnesses in criminal eases, whether
for tbe prosecution or the defense, shall not be nti-w&ed-to
ftny feefc. .-
C a. 1218. No person shall hereafter be disqualified
Iron riving evidence in any civil suit, in any eourt
of tS.U aingdom, on the ground of bis being Jntorestod uv there
srslt of such suit , provided, always, that the ptalnUff an Jefen
dant of record, or the real plaintiff or defendant in Interest, sawt
not be allowed to testify in his own behalf.
Sec 1219. In any criminal ease tried before any
court of this kingdom, tbe husband or wifoor the
party accused shall be a competent witness for the defense. ,
Sec 1220. No person who shall have been duly
convicted, in this kingdom, of the crime of carder
in either degree, of sodomy, of arson, of perjury or smstion
of perjury ,lrof forgery, .hall be a competent witness for an ier
tn any civil suit or proceeding : provided, however, that a con
viction for any offense other than perjury, or ?ibornfU1p:
Jury, shall not disqualify the person convicted from testitying in
any criminal cause.
COMMISSIONS TO TAKE TESTIMONY.
Sec 1221. Either psrty to a cause pending in any
court of record, may mce such court, or a judge
thereof at chambers, upon sworn petition showing the absence of
a-material witness, for a commission to take testimony of
the same, whether residing in a foreign -Ary, or In some
other circuit than that In which the cause Is pending.
Sec 1222. The party applying for such commis
sion, shall file his interrogatories with hrs sworn peti
tion, and shall suggest for the consideration of the court, or
judge, suitable persons being disinterested and iBpartial, toee
cute the oommiesion; lie shall also serve copy of his Pet'""nr:
commendatlo 's and interrogatories, upon Uiealverse party, ana
the court, or judge, may grant or refuse his motion, after hear
ing any objections which may be urged against it.
Sec. 1223. If the motion is granted, the court or
judge may make an order upon the adverse party,
requiring hi n to file his cnisMnterrogatorles within a given time,
or be precluded from the right to crot-examine the witness. ir
the interrogatories be crossed, or if the adverse party neglect or
refuse to cross them pursuant to order, the court or judge may
Issue the commission, appending thereto the InU rrogatones, and
direct the commissioners to cite, and with the aid of the local
authorities, to compel the attendance and deposition on oatn or
the witnesses named therein.
Sec 1224 No such commissioner 'shall be author
ized to put any other question to a witness than those
appended to the commission. The witnesses shall sign their re
spective answers as given, and the commissioners shall certify
the same, ami transmit them sealed, to the clerk of ue court, to
be ued In evidence. Depositions so taken In any civil case,
shall be received ss valid evidence In such case, unless impeach
ed forfraud or collusion, or gross impropriety.
Sec. 1225. Any party to a civil suit pending in
any court of record, may apply to tbe court in term
time, or to a justice thereof in vacation, upon affidavit, giving
the opposite party at least twenty-four hours previous notice of
such application, for a commission to take the estimony of any
material witness, to be used at th trial of the cause, where such
witness is about to quit the kingdom, or is so ill that it to feared
he will not live till the day of trial.
TRANSCRIPT OF JUDICIAL RECORDS.
Sec 1226. A transcript of any of the records and
judicial proceedings of any court of record, or of any
judge of a court of record at chambers, shall be admitted in
evidence, upon being authenticated by the attestation oi me w-n
ol such court, with the seal of such court annexed, or of the judge
at chambers before whom the proceedings were had, with the
Sec 1227. A transcript from the docket of any cir
cuit iudire at chambers, or of any police or district
justice, of any judgment bad before him, of the execution issued
thereon, if any, and of the return to such execution, n any.wneu
suliscribed by said judge or Justice, shall be evidence to prove
the facts stated in such transcript, in any other court.
Art. L. Of Equity, Admiralty, and Probate
Sec 1228. All applications for the foreclosure of
any mortenge of real or personal property ; for the
abatement of nuisance, public or private; for the annulment
or charters and other corporate rights, or for restraint or prohibi
tion In the exercise thereof; for proclamation by scire facias;
for sequestration of property upon leral or equitable grounds;
for divorces and separations; for the affiliation of bastards; for
the partition and division of real prowrty; for the admeasure
ment of dower; for Inquiries of lunacy or insanity; or for Inqui
ries d venfre inspicirndo to determine the right of property,
shall he hy sworn petition addressed to some court, or Justice,
having jurisdiction thereof.
Sec. 1229. Upon the filing of such petition, the
court or judge shall determine, ex parte, upon the
propriety of granting the process prayed for. - In cases not de
manding secresv, or occasioning doubt, the court or Judge may,
before issuing process, grant an order to show cause, and make
any Interlocutory order in the matter, which may appear neces
sary to the ends of justice.
Sec. 1230. When process is issued in any such
case, it shall be served by delivery of a copy of tbe
netitinn and nf the sum nflni to the defendants, or in case they
ran not I found, bv leaving such copy with some one upon the
premises involved in tbe controversy, or In such other manner
as the court or judge may direct, ine omcer cii;ir?eu wmt
service of the Drocess shall slso. If so directed by the court or
Judge, publish in the Government Gaxette a notice of such suit
or proceeding, Calline upon all persons mteresieo to appear .m
show cause against It, at the time and place appointed for the
Sec. 1231. The court or judge may assess the
amount due upon morteajres. whether of real or per
sonal property without the Intervention of a jury, after hearing
of the nartlrs. ami adduction of the proofs, and shall order
judgment or decree to he entered for the amount awarded, and
execution to be Issued thereon, sunject to apiK-ai in an ase
except where the judgment or decree is rendered by the supreme
Sec. 1232 All prior and subsequent mortgage
creditors, whose names are or can be discovered by
the party foreclosing a roortgatre, shall be made parties to his
application, and if discovered before the day appointed for
hearing, they shall be served with copy of the petition
Sec 1233. Mori wane creditors Bhall be entitled to
payment according to the priority of their liens, and
not ore rata I and decrees of foreclosure shall operate to ex
tinguish the liens of subsequent mortgages of the same property,
without enforcing prior mortgagees to their right of recovery.
Th surplus after payment of tbe mortgage foreclosed, shall be
arplied pro tanto to the next junior mortgage, and so on to
the pnymeut, wholly ua in part, of mortgages junior to the one
Sec. 1231. The mortgagor, or any subsequent,
mortgagee, may appear and answer matter of fact or
of law. pleadable in defence to the application or petition lor
forrclosure. and shall be allowed to show any matter in legal or
equitable avoidance of the mortgage.
Sec 1235. All applications for the foreclosure of
any hypothecation or other maritime lien, upon any
vessel, domestic or foreign, or for the enforcement of the rights
of salvors, or of material men, or for damages in cases of colli
sion, or for the forfi-Itnre of any vessel or other property for a
breach of the revenue laws, or in causes of damnge where the
riclit of action arose without the jurisdiction of this kingdom.
shall be by sworn ctition, in the nature of a lilwl, addressed to
the Chief Justice, or first Associate Justice of the Supreme
Sec 1236. Upon the filing of any such petition, the
justice sliall determine, ex parte, upon the propriety
of granting the process prayed for. He may, before issuing
process, grant an order to show cause, if in his opinion advis
able to the ends of justice.
Sec 1237. When process is issued in any such
case, it shall be Berved by delivery of copy of the
petition, and of the judge's citation, to the defendants, or in
case they cannot lie found, by leaving such copy with some one
upon the vessel lilielled for foreclosure, or attached for payment
of a maritime lien or liability, or for a breach of the revenue
laws ; or if service cannot be made as aforesaid, it may lie
made in such other way as the justice shall specially direct. As
soon alter service as may be, the Marshal or his deputy shall, in
the discretion of the justice, publish in the Oovernuient Gaxette.
for such period as he may deem equitable, a notice nf such
action or proceedings, attachment. Intended foreclosure, or sale
anon hypothecation, or maritime lien, or forfeiture, and inviting
all persons interested to show cause against It on or before the
day assigned for the hearing.
Sec 1288. In all si ch cases the, the justice may
hear and determine the controversy, without the in
tervention of a jury ; or he may cause a jury to he imnanneled,
for the purpose of trying the facts involved In the cause, in ac
cordance with the provisions of section 85-t. After hearing of
the parties, and adduction of the proofs, an-" the verdict upon
the facte being rendered, or the decision bT.ig pronounced by
the justice, he shall order the clerk to enter up judgment there-'"
on. subject to appeal, or to a motion for a new trial, and to Issue
execution thereon as in cases not maritime.
Sec 1239. When an appeal is taken in any such
cause, from a deccision rendered by the justice with
out the intervention of a jury, the case on appeal shall be heard
and determined by the supreme eonrt in banco.
Sec. 1210. Hypothecations and maritime liens
shall follow the course of the law of nations, the law
of the place of the contract, the law maritime and the law mer
chant in like cases, which the Judge or court shall apply there
to, and to the apportionment and distribution of the proceeds
Sec. 1241. Matters of probate and of administra
tion, shall be heard and determined by the judge or
eourt having jurisdiction thereof, without the intervention of a
Sec' 1242. In all cases in which any person,
whether subject of this kingdom or otherwise, shall
decease in any part of this kingdom, leaving a will in this
kingdom of his or her property within Its jurisdiction or abroad,
or i.avlng died abroad, and there left a will bequeathing or dis-v
posing of his or ber property in this kingdom, it shall be incum
bent upon the person named as executor of such will, or on the
person to be benefited thereby, or on the person in whose
charge the same was deposited, or some person In behairof
those Interested, to apply to some judge of a coart of record, at
chambers, for probate of such will, and for citation of the wit
nesses thereto, and of the next of kin of the deceased.
Sec 1243. It shall in like manner be incumbent
on the person entitled and desirous to administer,
according to the priority of right hereinafter prescribed, npon
the estate of any person dying intestate in this kingdom, and
leaving property therein, or dy hig abroad and leaving property
in this kingdom, to apply by petition to some Judge of a court
of record, at chambers, for power to administtr thereon.
Sec 1244. All applications for probate of wills, or
for letters of administration, shall be by sworn peti
tion, in wbicb the party shall set forth circumstantially all the
facts upon which his application rests.
Sec 1245. In the appointment of administrators
npon the property of deceased persons, the following
order of priority shall be observed :
1. The husband of a deceased wife
2. The ffe of a deceased husband ;
3. The children being major ;
4. The brothers and sisters of the deceased ; .
6. The cousins germain of the deceased ;
6. Any bonajide creditor applying for administration t
Provided, however, that the judge may, for satisfactory cause,
disregard the order of priority herein prescribed.
Sec. 1246. The judge shall make the necessary
orders for, and prescribe the length of time during
which, executors and administrators shall give notice to credi
tors and debtors of tbe estate, and for tbe filing of Inventories of
tbe asseste. '
Sec 1247. Executors and administrators shall in
no ease be liable to suit, nntil tbe. expiration of six
calendar mouths after probate, or letters of ad m Into?-"' t
Cmj. 1213. In all eases contemplated by the .o
y&cas of this article, the court or judge shall have
power ta issue all such letters rogatory, or "rw-""iri-mt to tak
vljaooy, as nay be necessary and proper In any paxtieulas -
CT ' -Mnued.)
J barre - read,
i:a Bol r .
W A. Aldrich
Cases bleached oottons, 4-4 and 1-8,
Cases Mllford denims,
- Bales Warbash do,
. - Bales Shatuckew do,
Bales ticking, ... 1
Bales western stole sheeting,
Bales indigo blue flannel,
. Bales lamp wick,
rtd &Wto and blue thread,
Cases brown wool haU,
' Cases planters' hats, .
Cases palm leaf hats,
Cases blue and grey mixed flannel shirts,
Cases lard and cheese,
Cases Bath brick,
Bbto alum, cases matches, and
lMf, frnf ' .-listea Sugar. W
Offers for Sale,
THE CARGO OF
Cases loaf sngar, ""JX 'TJ,.i
Half bbto do. Ground mustard,
Boxes raisins, n Table salt,
. Bbls Carolina rice.
Bbto cement, Patent charcoal Irons.
Of Ce-er E2uhlm TVh.l.ba.-
Oil caaka. shocks, hoops and heads, half-bbl heads and staves,
Etc., , etc, etc., etc
Casks Cumberland Coal,
100 bbls IIaxall Flock,
Cedar Shingles, Etc., etc.
THE UNDERSIOXED .UD CALI
attention of their friends and the public to the
fffr-tlrri 01otlsixL6 Store!
On Nuuanu street, nearly opposite the Royal HoteL There can
be found a fine and well selected stock of . . ,
CUSTOM MADE CLOTHING !
C PS '
' BOOTS AND SHOES !
A fine assortment of Gentlemen's Fur
nishing Goods I v
160-6.U J J- BAB.KEBT.
Carffo of Lumber for Sale !
JUST RECEIVED PER jEOLCS, A.Camman
Master, direct from Jiendocino Mill, comprised of the fol
lowing assortment :
39,48 feet rough Redwood Board,
3 328 " " " Scantling, flxs,
4J05 " " x8,
10,000 " Meet Pickets,
31,000 " 1-inch tougued and grooved Redwood Flooilug,
23,558 u li" " "
2.2,79a " surfaced 1-Inch Redwood Boards,
10.282 " " 11 " 44 Plank,
82,U58 u planed J " " Siding,
1U.518 u .i u 6 feet long,
1,674 tongued and grooved Pine Flooring, 11 inch,
60,000 Redwood Shingles.
American 1 Inch white pine Boards, planed on two sides,
Do 1 inch do do do do on one side,
and 12, V2h and 13 feet length.
Do 1 Inch white pine Boards, 10 inch wide and 12 tt long,
lo white piiieSheatuiug Boards, planed one side,
Do ' cedar Shingles, shared.
Do pine and spruce I .aths.
135.tr i CI1AS BREWER k CO.
.A. Hi Q II -A. !
Just Received per Bris "Aloha,"
AXI OTHER KATE ARRIVALS, AXD
offered for sale by the undersigned, vix:
Twilled hickory and blue and pink striped regatta shirts,
Parisian white and printed bos. in shirts,
Figured buckskin, nankinet and satinet pants.
Black Orleans ack coats, cotton and silk umbrellas,
au de Cologne,
And Macassar oil.
Mailer's Celebrated Pale Ale!
Claret, llaut Barsac, ChamaKiie, Turpentine and linseed oil,
Olive Oil, superior German Blacksmith's Coal,
Swedish and Cuglish Bar Iron, assorted sixes.
Sheet-lead aud Lead Pipe, Guns, Rifles, Gunpowder and Shot,
149-tf ED. HOKFSCIILAEGER & 8TAPENH0RST.
SALT ! SALT ! SALT !
MANUFACTURED AT THE
PVULOA SALT WORKS!
TMIEUNDERSIGXED IS READY TO FUR
nish to Butchers and Packers, in the lareest quantities, a
verv superior article, EQUAL TO THE BEST IMPORTED
SALT, and at a price to Defy Competition ! For terms
apply to DANIEL MONTGOMERY,
149-tf Puuloa Salt Works.
THE A 1 CLIPPER BARK
" UCiiiiipliroy KTolson ! 99
470 Tons her Register,
WAS TO LEAVE LIVERPOOL OX' THE
2ath of April, with a
FULL AND COMPLETE CARGO !
Exprely selected fur this market, including an unusually large
and choice assortment of PKlXTS.of which SAMPLES
are shortly expected, and which will be disposed of " to arrive,"
at the VERY IjOWEST MARKET RATES. For partiru!ars,
apply to 1 151-tf) JAAIQN, GREEN & CO
' ONE PRICE ! NO DEVIATION !
Quick Sales! Small Profits!
FRANK SPEXCER WOULD RESPECT"
fully invite the attention of the public in general, and
the Ladies in particular, to his well selected stock of
Dry Goods and Fancy Articles,
And to meet the times, lie would offer them at A MERE LIV
ING PROFIT, confident in the old saw, that M a nimble sixpence
Is better than a slow shilling."
J,'. B. The services of a well-known and obliging Salesman
having been secured, the public may rest assured that no pains
will be spared to give the fullest satisfaction. l&8-tf
It. F. SZVOW,
OFFERS FOR SALE TO ARRIVE,
PER "WASIIIXGTOX ALLSTOX,"
KEGS KEYSTONE WHITE LEAD, 25-lb
Kegs Lewis lYhtte Lead, 25-Jb, 50-tb, 100-fb kegs,
Kegs and cases Zinc Paint,
Bbls Epsom Salts. 164-tf
PER DARK "FELIX," FROM SAN
BOXES MACV'S ADAMANTINE CAN
DLES, BBLS. nUDSON RIVER CEMENT.
For sale by
164-tf B. F. SNOW.
JUST RECEIVED PER 44 FELIX "
AGS OATS, CS. C. II. DAT1S' SPARK
LING CHAMPAGNE CIDER,
Cases navy and excelsior beeswax,
Cases Hazard At Caswell's cod liver oil.
For sale by
lftlf J. C. SPALDING.
PURCHASED AT THE HIGHEST MAR.
ket rates, by U9-tf CUAS. BREWER CO.
Old Yellow Metal.
PURCHASED AT THE HIGHEST MAR.
ket rates, by 1.9 tf CliAS. BREWER tt CO.
Wool, GoatSkins, Hides,
PURCHASED AT THE HIGHEST RATES
J. C. SPALDING.
WHIFFLETREES, CHAINS, fee.
JJETS SUP. WHIFFLETREES is. CHAINS.
9 Extra sised Harrows.
: Iron Plows,
' For sale by
1W f CHAS. BREWER ft CO.
HALF BOXES E. BOSTON X. 1 CRUSH
' ed Sugar. . ..
Half boxes East Boston Granulated Sugar. -u
44 Loaf Sugar, Just received per clipper ship u St.
ren,"for sale by ,
131-tf CHAS. BREWER ft CO.
ON HAND. : . - X
Bars refined Iron, .
Bundles Nan Rods, "
Bundles Norway Shapes,
" For sale by
"fr-tf : CHA8. BREWER ft CO.
CRADLE, CHAIR, TABLE. BEDSTEAD,
and coffin stuff. aaartrf -- o a i i.
and from to 40 Inches wide, . r or sale by .
- -. -r--. ' BRKWER ft CO.
::. lv Cits! '".':
r TK r -Crt OAT3 Per FRANCES PALMER.
- f aMaby (lai-tfl H. W.gYFRINC.
sTT T sv a - -
J. C. SPALDING
SLI2! to eirlre" omprtolng the cargo of the Ship JO-
ife wsHiaQToa allstqh-
. . XJTJ
Bale pink and buff print
Bales PanaM ticks .
Bales Panama stripes
Cases Uxbridge sheetings
Bales brown sheetings
Bales Shetocket denims
RIm scarlet blankets '
Cases Otis denims
B lea brown drills
Cases blue drills
Bales royal blue flannel
RalM dark do
Bales Androscoggin sueeungs ,
Bales blue sheeting
Bales Gorrics blanket
Bale Rockdale uo
Cases do ao
Croceriee, Liquor., .PrYVtw
25 8th casks U. V. P. brandy,
25 cases claret
8 casks Jamaica nun ,
10 cases salt
150 bbls prime pork
200 bbls Hour
60 bbls mess beef
60 bbls Bourbon whisky
n . ... Km'. . Mtrdial
41 lliwovitvn I
100 cases Albany ale and porter
A cases cheese
60 cases aioonoi 1-3 - rrLIT. aa annlea
86 cask. Tennant'S umm (ahi. bread
81 casks 167 bbls bread
i an!3 i cks Pinet brandy
4ft aa chamiMume cider
A.S msks do porter
20 tierces hams
10 cases currant wine
10 eases sherry
1 bale corks
60 bbls rice
100 cases gin
Mt eases wine bitters
ICases of oysters, Ztb tins f
Coses assorted meats
Cases green corn
Cases table salt
Cases water crackers
Case, salt, tn 201b bags
100 tons Scotch coals
3307 feet plank
1 case oil clothing
19 cases clothing
20 boxes starch
280 kegs lead
3 rolls lead pipe
Ox bows, yokes and plows
Cases charcoal irons
79 casks Cumberland coals
10 bbls coal tar
25 bbls pitch
60 bbls Wilmington tar
10 bblH bright Tarnish
30 bales gunny bags -
239 keps nails
Boxes family soap
(Native's Pride !
Cases palm hats
Boiled linseed oil
Boots and shoes
347 sash doors
25 bndls windows
10 bndls blinds
Case hickory shirts
Cases check pant.
Cases denim frocks and pants
Boxes salt-water soap
(Jases palm ieai nau -
Cases clue ft white cot. thread 'Case. Otis denim.
Cases blue sheetings iTieJhs sugar-cured hams
Cases Hamilton pink prints Cases1 brogans
Bale, blue and scarlet blankets Kegs cannon powder
2 superiot silver mounted har- Cases sporting powder
ne4l iCases Hunt's handled axe.
An invoice of ladies' fancy Cases charcoal iron.
goodr ' (Casks cod, signal halyard, log
Cases Winchester's perfumed and hemp lines
8. W. soap I "
Just Received and for Sale !
RESII AND CHOICE GROCERIES.
Raisins in f and 1 boxes,
Sugar cured ham,
Do. auinces and pears.
Cheese, papa Jelly, currants,
Citron peel, Oregon salmon.
Fresh apples, raspberry Jam,
Honey, ginger in jars.
Green corn and peas,
French peas, asst'd sauces.
Plum, grape aud current jellies,!
Mince pie meat, sardines,
Oysters in 1 and 2 B tins,
English jams and preserves,
True lemon syrup,
Lewis' pickles and pie fruits,
Prunes, cinnamon, chocolate,
lOlive oil, pepper sauce.
Tomato ketchup, mustard.
Curry powder, ground ginger,
Blaek and cayenne pepper,
Cloves, cream tartar,
Egg cups, salad bowls,
Vegetable dishes, sauce tureens.
Platters, bakers, cake plates,
Nappies, pickle dishes.
Custards, pie dishes.
Dinner and soup plates,
Bean pots and bakers,
Glass preserve dishes.
Butter dishes, creams,
Snoce and cruet bottles.
Cut tumblers, lamps,
Wine glasses, goblets,
Toilet seta, cups and saucers,
Pitchers, sugar bowls,
Tea xu, cream pots.
Pitchers with covers.
Washbowls and pitchers,
Flower pots, spittoons.
Candle sticks, foot baths.
1 Bread pans,
I Water jugs,
iSTiip's water boftles,
Lamp shades, lampchimneys,
Bird bottles, seed bottles,
(Salt cellars, Indian lamp shades,
Shade candle sticks.
Colored water bottles.
Coffee pots, Water pitchers.
Tea pots, lamps, I Cruet stadds.
Shoe brushes, axe handles.
Lanterns, selves, cotfee mills,
Tobacco, cigars and snuff.
; Brass candle sticks,
I sauce and fry pans.
Tea kettles, grid irons.
XT Constantly ou band, fresh island butter, ground coffee, Arc
161-tf T. MOSSMAN ft SON.
ON SALE. BY RECENT ARRIVALS, THE
following choice assortment of Groceries, at the store of the
Preserves. Fresh raisins,
Pre h apples, Fresh currants, in tin.
Fresh quinces. Fresh oysters,
Fresh peaches, Fresh lobsters,
Fresh pears, Sardines,
Raspberry jam, French capers,
Cranberry jam, English pickles,
Strawberry jam. etc, etc., etc English pie fruits,
Mincemeats, English sauces, '
Sage, English mustard.
Sweet savory, French mustard,
Summer savory, " Hops,
Curry powder, Soap,
Ground cassia. Tins of water, butter, sugar, oys
O round black pepper, ur, rdi and wine crackers.
Whole do do, Smoked tarns.
Pimento, Smoked herrings,
Ground cloves. Best Oolong tea,
Ground eineer. Green com.
Cream tartar, - , Crushed and loaf sugar
S. C. soda,
N. B. Fresh Island Butter anil Ground Coffee alv-aya on
hand. (133-ly) II. McINTYRK.
J. C. SPALDING
Offers for Sale, just received
PER BARK "SACHEM," FROM BOSTON.
7 BALES BRO. DRILLS, 100 dos denim frock, and pants,
12 bales bro. sheetings, 7 cases cheese,
1 bale bleached do, bales pump and rig'g leather,
10 cases denims, 280 kegs white lead,
3 cases ticks, 20 bbls rice,
3 cases bleached jeans, 151 cases boiled oil,
1 case honey-comb quilts, 2 bales cloves,
1 case striped grass cloth, 4 hags pepper,
1 case white durk, 10 coils Russia bolt rope
1 case bL ami white quilting. 18 casks pilot bread,
200 boxes family soap,
25 cases refined lard, 18 coLs spunyarn,
100 half bbls crushed sugar, 8 cases men's clothing,
200 saddles, complete, ' S canes charcoal irons,
25 kits No. 1 mackerel, 55 cases boots and shoes,
200 boxes S. W. soap, 25 cases green ieas.
10 half bbls hide poison,
20 cases alcohol, Wiaea and Spirits.
20 cases sii.-its turpentine, 11 qr and 28 eighth casks beat
43 coils Manila cordage, dark brandy,
60 bbls extra mess beef, 2 qr pipes Hennessey's do, !
30 half bbls prime butter, 3 qr do Martell's do,
450 bxs, hlf and qr do raisins, 0 qr and 8 casks Rivierre do,
5 canes box salt, 140 boxes Catawba brandy,
3 shooks pmd salt, 20ft bags, 60 half bbls best whiskey,
117 kegs nails, 100 kegs do do,
25 cases tobacco, 105 dos qts R. Byass porter,
100 bbls IIaxall flour, 10 doa London cordial gin,
15 cases brandy peaches. v
Honolulu. Maieh 21, 1S59. 143-tf
Just Received per "Yankee."
WHITEWASH BRUSHES, CALIFOR
nia ground ginger, ta glass;
California ground sage, in glass,
Hamlin ft Baker's oysters,
Fresh peaches, in syrup.
Fresh strawberries, In glass.
Green corn, fresh honey, fresh apples, citron peel.
Ml-tf For sale by . H. W. SEVERANCE.
OAK PLANK, Ate.
Hard line Flank,
. Sprue Deck Plank,
Hard Pine Rails,
'- tot sale by
ll-" " CHAS. BREWER ft CO.
ASES ENAMELED CLOTH, " '
xiarness ana nusset leather,
i niiareu's uane,
Children's Carriages, various patterns,
131-tf For sale by CHAS. BREWER ft CO.
CASES PRESERVED VEGETABLES.
KO B"dy Fruit, dally just received per cupper ship
"Syren," For sale by
uMf CHAS. BREW3R ft CO.
F' PER YANKEE.
RESII MACKEREL, IN KlTS.
Cream tartar, in glass,
Table sal:, in boxes. ,
H. W. SEVERANCE
COOPERS PUNCHING MACHINES.
COOPERS PUNCHING MACHINES,
Coopers' Truss Hoops, Just arrived by the clipper ship
"Tfv For sale by -
131'tf CHAS. BREWER ft CO.
TONS BEST ENGLISH COALS--w
" XW For sale by
139-f II- HACKFELD ft CO.
INCH TO 1 1.9 iwnu eunnirn..., Or
-- - uinur
S" fffSgg 8UPlLOTn, sasKwted widths.
Just received and for sale by - -
al I3- - CHAS. BREWER ft CO.'
TTBEST ENGLISH SHEET IRON, OF ALL
FOXl SALE EX SACHEM--
V 5 rhd pa riLo a r: i uo ron.Tr:
. - f 1 l ;. , . ."...(.
Per " SEA NYMPH," fm , .
AND TO ARRIVE PPn
" J0SIAI1 BRADLEY
" IIU3IPI1REV NELSON1
roods for eoantrv .tor. CLtt&l:
market. The particulars will be ViTrn .L1 .
advertisement. It wH be the mT7t.ruTti.
trade that could be desired. mr
CT Tbe designs of these prints. Medium 1
per - Humphrey Nelson," are entirely Tnr I
borrowed from the old designs of taparuu! I?"1
FOR SALE T07?W
BYTHK CSDE&SIGXED j
THE CARGO OP THE A I BRiTl8tJ
' HumpHroy TeO
4&4 tons measurement onii .
, wm DKj.
rnrrrrn .... '
AILED FROM LIVERPOOi w.
consisting of . ruulllil
. Bine cottons, white cottons, superfine -w,
assorted prints, two blue printi, TarkrV
yellow prints, plain Turkey red t
hams, French lawns, rooleskini bs?
plain and fancy silks, Vktori
furniture prints, cotton ibet&t
cotton handkerchiefs, printed
kerchiefs. Tor- .
denims, rifling bats,
cotton umbrellas, sin
umbrellas, searing cotton, bl
and scarlet serge shirts, pilot jsu
alpaca coats, mosquito netUnr. lky
Bed ticks, white blue and red hlankeu, nwJ
merinos, alpacas, plain and fipured, tspertat L i
cloths, ladies' straw haU, browr . ottno hxtf kaL,
men's felt bats, silk handkerchief, iup-rttwwi ta
shepherd's plaid, blue twilled flannel, plain ttB
flannel, grey woolen wrappers, men's woxhx hmaZ
shirts, cotton trouserings, printed trnulim, kc,fci
Cases Genera, Old Tom Gin, Scotch 'WWsrr. tm, I
jraie voguac, raie cnerry, fine uw rort,Chs.
BOTTLED ALE AXD POETO,
Hhds. Salts' Ale, hhl&.' Youii iv
White saltwater soap, perfumery, false JrssVr,
, Crates assorted earthetis-ire.
Hams and bacon.
Iron pits, tin plata,
Small ehtn, lii
SUGAR PANS AND COOLKU,
Hoop Iron, 1 case superior .'sorted KnrHdsA
FIFTY TONS RICE, in 100-atan.
Daily expected, per SEA NTMPR, ta
MARZETTTS ALE AND POETO,
And shortly per GOXELZA. from Loota,Ei
' or UL1U bttlM.EB.lU. J
And by the first conveyance from England ilWt
PHRET NELSON, for which, vessel they em sW
ttful assortment of ENGLISH 1'RINTS, br'i
yellows, and other choice styles.
XT" The designs of these prints, ss well at Itta
per "Humphrey Nelson," are entirely srw, an4 w.
borrowed from tbe old designs of importadom V s
IttO-tf JAXIOX, OiECj
B. F. SNOW )
HONOLULU, II. J.
Wot. white bar, I
Blue drills. j Suspenden, I
Linen toweling, Red sitlu. I
Geststisie Farias Calefae-iTl!.1
White water bottles.
Cut goblets. &
Bay State lanterns,
Blown lanterns, with spring bottma
Looking-glasses, gilt frames, assorted uses, tun
Sap. Oelen Tea- 1Mb bora.
Maps of the United Stata.
Basra assted ihoL
Solar side lamps.
No. 1 lamp wicks,
I. R. hose and brass hose pipes,
Padlocks, brass and Iron,
Assorted ns I
No. 1 lump
II oust Dtps.
Brasd's Wbalina Gnas and In
Brown's da. do, de.
Copper pumps, copper v l
Fluke chain, chain head rfL j
1 st Cattlag Blocks Wiia Can
Chain can-hooks, boat anchors, . J
Manila and Hemp Cordage-lswtf
Ratline, spunyarn, seising. f
I Csmiair FII, Blti
Rasps and files. Airs, green r " J
Coal Ur, black paint, conijiosition nhitUii ,
UUt nans, assort
Shooks and Heads
r j Artel s
Hoop Iron, Cocpfn.
- Iron bedsteadi, 1 French t1" J
Enameled valises, W
SAILS. . I
1 fore top-sail. Imslsttes
1 mtsen top-sail, 1tr7tti
1 topgallansaiL J1"' I
1 topgaUaut studding sail,. I daw k?"- I
Fire crackers, spittoons; I
Ckala CaUrs. ?Tvit
FAIRBANK'S PATENT PLATTOWI
. Do. do. GROCEte
Do. do. COUNTS J
Aaaartea Shelf Hardware. Bs
Dyer's heating embroosW.
. Cotton bags.
Wagn harnesses, kUaf
Worsted and silk coack I
' Cases quart bottles, case, pint W
Composition and Felt fot Firc-P
rRESSliD llQVi, ' etc., ". i
I). C. WATEUnAl f
OCcrs for Sale?
EXTRA MESS F'
300 .bbls prime pork,
400 r sacks 8. F. flour.
- 15 eisea lacon sides,
1 esses brofrans,
10 boxes fine souchong teS
MM Manila eltrart, ..'
05,000 lbs bread, pilot, navy and BJ"0"'
M kears butter, .
- 160 coiln New BeUbrd towUnes,
W boxes tsOccrs ,, . u ill
150 coils Maiiila cordape, 61 Uk, v',Tit
60 oou. thread, 9 thread sad 12 uw
Chain cables and anchors,
Copper spikes, 4 and sJwh.
Ship's camboosea, complete, b 1
Whale boos, togtrle irons,
. Whale boats, and 1 yawl hosts, .
Couon dock. Nos. 2, 4, 6, .
' uara pine headmg,
ECEITED EX RECEVT (
DATISS A JONES' CEIJ5BRATED
SEAM AND THREK-PLV COU
m-iu -..uviM. neck tw j
up. black and Mae broadcloths, bUck, "TT c,
and English fancy eassimeres, tweeJt ""krt,
great variety, superior Marseilles T
aaUlea for ladles aea, all Unem docks sod
Psnswia and felt bats, eta, etc ,
EaSlUk riae s4 Wall
- reel Cr -rMMpffi.
1 .-rfVILGAN CAa