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The Hawaiian gazette. (Honolulu [Oahu, Hawaii]) 1865-1918, September 21, 1870, Image 2

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HanmriAX gazette
. M. RAPLEE,
DIRECTOR OF THE GOVERNMENT PRESS
HONOLULU:
"TrafolSDAY, SEPT. 21, 1S70.
BY AUTHORITY.
KonricATio ha been Retired at thli ofiiee thai
hisrExcelleney the Minister-Resident of the United
Eta lei. by Tirtne of th authority In hist rested, bar!
appointed Pattzzx N. MaKCE. Esquire, to be Vice-.
Costal of tic United States at Lahaina. Island c:
Maui, to perform the dntlet of Costal at that port
daring the'absetic of Horace H. Houghton, Esquire,
or BntS the pleesare of the United Statu Gorernmen
haH be made known ; and all persons are required
to respect the authority ef the said Plaint N.!
Maczz, Esquire, in the premises.
C. C. Hiatus.
Minister ibr rurtlra AEtlra.
TarrUra OOc, September 14th. IRQ.
IsaoaHBvaosaaBiassioaaaaaaeaaaoaaaaaaeaaaaaaaaoBSl
Dcuth ot Jler ninJcMJ- Queen
Knlnma.
Her Majesty Dowager Queen Kahuna
relict of His Late Majesty Kamehameha
III, died after a long and painful illness at
her residence in Honolulu, on Tuesday
the 20th inst. at 11-30 A. Ji. tier
Majestr was born at Kaelehuluhuluj
vr tt :: : ,cit .1
near ivauua, tua -u
. . J
fittv-thrve years ox age. anc was mar-;
ried to His late Majesty Kamehameha IH,
W tm TJpv. Hiram Uinirhani. Sen., on tht-i
, ..l. j e v.,i ibit lu..nn. nt t!,r?3
time twentv vears of age. During the
life-tiriie of her Royal husband, who died
on the 15th of December 1854, she waj
greatly respected by all, for her dignified'
and courteous demeanor. Since m
death she has lived almost uniformly iuj
retirement, either at her residence in town
of at Nuuanu seldom appearing in pub-!
lie. Hor life in the mean time has been!
marked by the same characteristics oi
cordiality and kindness to all, possessing
the same dignity of demeanor as when!
she presided with her iiusbana at tueMt'"-- m - -
Roval Palace. It may well be
those who knew Queen Kalama best res-J
pected, loved, and will mourn her most
binccrclv.
Last Week, we called attention to the &o the value of the harbor after it would
Law authorizing the lliuister of Interiorfjjbe completed. Its only valuable use
to license the carrving of fowling piecesLjould be that of a coaling station for
and other fire-arms for sporting purposes, the China steamers, which are already
in the District of Kona, Oahu. We nowRheavily subsidized by the American Gov
call the attention of the public to the fact gernraent, and which could, without a
that severe penalties are incurred by those ijgreater loss of time than would be expe
who snare or cage anv imported bird. It rienced at Midway Island, make Honolulu
is of the utmost importance that every spe-3 Prt of eal1 on the V0.vaSe to 3nd from
cies of imported birds here, should be jier-EiJapan. In fact, many are of the opinion
mittdd t6 prorogate, and it is proper tliatjftthat now the Midway Island scheme is
thev should be guarded in the most rigid Jibout finally to be given up, it will not
manner, as we are assured they wUl hereaf-febe long before they will call here,
ter be. We understand that some of thefcj Midway Island is one of those low
Australian bmlS DrOUgUt Here in UlU lhjwP"" h
of ilolbourne, which have been set atfelwhich are so numerous in this ocean. Un-
lare are now bein"- caught by somelike many of them, it is almost entirely
people' for the purpose of keeping them devoid of vegetation, with no good tresh
in cages. This is wrong, morally, and isEjwater; which facts would render it entirely
contrary to the law. A person who snaresd worthless, however good the harbor might
or destrovs any bird which is brought be, for anything except a mere coaling
here for useful purposes, either as a detation for steamers, or occasionally a
strover of insects, or to increase the va-Hplace of refuge for vessels in distress, and
riety of beautiful sonssters in the forests Hwhich may have received damage in that
of the Islands, deserves not only to bejvjvicinity. The barrenness of the spot, the
punished for his offense against the public scarcity of water (except that of the
interests, as the law directs, but should occan,) together with the extreme doubt
be publieiv denounced. tjfulness of any vessel in distress making
' jjthat a port of refuge, when it would be
The European IVur. zpoisible to make any other port, ivould
Since the news of the battle? in the vi- 'ake the establishment thereof shipyards,
cinity of Wissenburg, Worth and Hage-gwith facilities for repairing vessels, a very
nau reached us, the "bloody front ot war,
has moved westward from the frontier, to
Chalons and the valley of the Aube. The!
offensive is still held by the German ar
mv, its objective apparently being Pan
from which the advance of the Crown
Prince's armv is but a few days march.
The line of retreat of the Corps of Mc-
Mahon from the lost field of Hagcnati.'
has been mapped out. Froissard's divi
sinn which fell back upon Betch. made its.
- v F-tr
way to the fortress Ol JletZ, Willie JlCJla-M.wer April It. and by order of the Court deposited
hon retreated on the railroad via Severneii-'" with the ciertt, to await final judgment. Tne
and Nancy, to Chalons and thence north-fr"' "J "Mdef"uMv
... . , MJi. At the Joly Term, judgment for the plaintiff wis
am T.O Hie ueigiuui iiomicr su abUtti in the full sum elaimed. and against the
DOrhood Of Ardennes. The army of thcMarnithee in the sum f $457 and costs. The Judg.
Crown Prince followed closely, and tuni-3nnt was, in fact, made and entered Aognst 8, as of
cd northward also, although the road tog f "mt W"J J1'
' . . . nlefendact declared hitcrelf ba nln.pt Julv 7, aodag'.
Paris from Epernay offered no obstacle, toHUhif e8an,i eied ,ieir notl()n, wh!eh" w lrraed
its progress in the direction of that ci-Jijtoguit 2.
tV. Its further progress towards Paris, L-g S. B. Dole, J. Montgomery with him for the gen
a'rrested by the position of the Corps 0fgral cre-litor. in sapfort of the motion.
. , , mi n H. U. Stanley, contra.
3IcMahon, upon its flank and rear. ThigJ Per cSo nfmBn w mlsIe in ttt lrR0.
part of the Prussian army, has passed togjment , adjudications f this cort. crof the Courts
the SOUth of the battle fields, of iletZ.M Jf other eountriee, bearing on the ease. In riew ef
r,X h not Wn in the enrarementsilthe thorough examination which the tubjeet requires
... , , . .. , ,Y j -.i Hand deserTes. I was at 8rt inclined to request further
which occured, between the 1-ith and 20thgirgumeat bnt the ,hsIe hiM prefe to mlt
Of August The Corps Of SteinmetZ andF210 appeal, when the wbele tubjeet can be fully re-
the Prince Royal starting from Surck, onfcjriewed
the Cth of August, ( the same date that
th,e Cnjwn Prince, commenced to follow
AlcJlahon ) passed, southward np the val
ley of the Moselle, directly upon 3Ietz
whfere Bazatne's CoqiB was massed. On
thii 9th, a slight engagement occured, the!
French .falling back upon the fortress, thc
object of the French, at this time, appar
ently being the junction of the army ofj
McMabon with that of Bazaine. The lat
ter held his position at iletz, until McMa
bon had. passed westward, and then leav
ing a sufficient garrison, the balance 01
the Corps crossed the Moselle, to pass on!
to Verdun. This movement commenced
on Sunday the 14tb, and was the signal
for immediate attack by Steinmetz and(
the Prince RoyaL In a narrow strip of
12 to 14 miles, on the west bank of the
Moselle, the battles raged for seven daysj
with frightful losses to both combatants,'
which resulted, in checking the progress ofj
Bazaine westward, and consequently a
futnetion with ilcilahon. If Bazaine is
juot able to leave the neighborhood of
blctz, a line will be drawn between him
and 3IciIahon by the junction of the for-
Eces of the Prince Royal with those of the
jCrown Prince. The Prussians having
(the interior line, will be able to mass their
Hrraies, upon ilcllahon, the attack upon
Iwbom. is said to have commenced on the
329th between Charleville and Ardenne.
The progress of the Prussian forces,
I thus far, though rapid, does not indicate
that the campaign will be surely success
ful for them. Their situation, the further
ithev advance towards Paris, becomes com-
! plicated, and liable to those, mishaps of
war which no skill of leadership can for-
Jee, or avoid They have not paused to
I capture the French fortresses, the reduc
tion of which seems not to be a part of
their plan, but as the successive lines of
French defence have been passed, they
jliave masked those fortresses, by troops
SJrawn from their reserve armv or the
llandwher. Tbey have followed only and
ifought with the French Corps that are
Eta the field. If the campaign be not a
'short and decisive one, each of those for
tresses will become a danger to the Prus
sian line of communication, and must be
reduced. The next great battle, will be
uear Rethel, its results will go far to de
termine the close or further progress of
hostilities. In the battles thus lar, the
Prussians have been able to concentrate
Smore men on the field than the French,
elu""
-abut as th cy near Paris , this state of affairs
gmav be reversed.
?Iitlmy Island.
Tlic U. S. Steamer Saginaw arrived at
this port from the above Island on
Wednesday, the 14th inst. AVe under
stand lhat the work of making a harbor
there is about to be abandoned as imprac
ticable, and that upon the return of the
saginatv, sue will convey tne worKing
party and material to San Francisco.
Those who have had the means of know
ing the nature of the reef where the pro
posed harbor .was to be made, will not be
at all suqirised at the abandonment the
undertaking. Undoubtedly, it would be
possible, with sufficient means, to aceoni-
said tliatHf"1" luc ""r
ISrather makintr -a channel and levelintr the
coral hummocks in the inner basin are
coucerned, yet the money required to dd
;o would be enormously out of proportion
guouuuui emprise, ami Uucu.u. .j
ew mechanics, of however speculative a
turn, would undertake.
Supreme Court in I'rolmtc.
Hartwell, J.
P. H. Treatjwat, Trustee, rs. W. Babcoce, H. P.
Cartck aodT. II. Dints, Garniebees.
Aetien on m Promissory Note. Motion to ditsolre
n attachment. Garnishees were cited April 11, 1570,
to disclose cencernlng money in their hands, claimed
to belong to the defendant as his share in the pro
ceeds of the eehooctr Pauahi. Ther gate their an-
In the first place, there is denbt in my mind wheth
it the question is properly raised on this motion,
rha practice in the U. S. Courts seems to hare pre
railed tn similar cases, to apply for an injunction
: reitrain a Tarty from proceeding to judgment or
taking out execution. If the power of this Court
were sought t stay proceedings In other Court, sueb
night be the only proper course, and I prefer it in all
ases. But as the question of jurisdiction was not
raised, and as all the proceedings hare been, before
myself, I wUl consider on this motion, all the pointt
presented.
Oar bankruptcy Act prorides as follows, rix: "The
bankrupt shall be dirested of all hit title and interest
n his property, from the day of his failure." Sect.
378, Ciril Code.
"All executions or attachments laid upon any per
son's) property after he thall hare committed an act
kf bankruptcy, thall be roid." Sect. 979. Ib.
From the time any person entitled to the benefit
af thit law, hat declared hlmtelf a bankmpt,
all clrU suits against him shall be suspended, lc."
Sect. 950, Ib.
The defendant filed his petition of rnluntary
bankruptcy July 7. It does not appear that any
Lrabsequent proceedings in bankruptcy hare beer
'taken, and this is the only act of bankruptcy alleged.
From the sweeping nature of the bankmpt law, which
dlrciU tht bankrupt of all his property and lartati
he assignees with the entire control thereof fur the
jbenenLof .the general creditors, pro rata, itjs incura
bent upon the plaintiff to -how the existence of som
aterest or property, or title thereto, or of some Her.
irseearety thereon, which is protected from the opera
tion of the lav. It is not enough for him i la pi J tc
ay, my attachment was not laid since the act ef bank
roptee was committed, and -giTes me a right of pro
oertj orer the goods attached, becanse it does not be-
:ome roid under Section 979. The law takes all th
lebtor s property of erery kind whatsoerer, and ap-
. lies it to the payment of his debts. The title t
Sroodt attached is not taken from the debtor by tht
mere attachment. The eScer holding them has cer
tain rights, luch as are neeetsary to keep them safely
tnd he is subjected to certain liabilities in his charge
bat neither the eScer nor the attaching creditoi
s deemed the owner of the property. The debtoi
say tell the attached property, and the title woulc
pass and relate back to the date of the sale, unles-
iudgment be recorered and satisfied against him.:
His goods, when attached, are held in custody of thi
aw, as -of a stakeholder, to be returned to him oi
paid to his creditor, according to the judgment that
mar be rendered. Whaterer right the attaebinr.
reditor may have, to receive the valoe of the attach
ed goods in. satisfaction, of a judgment, must rest
upon Statute alone. It will not avail the creditor ti
'say that an attachment has always been considered
in the community as securing an interest and claiu.
iohich are shielded from the bankrupt law; and thai
this view is based upon general principles of law and
(justice. The control of the debtor's property is taker
frrm him by the attachment law, provisionally, and
or the bankrupt law forever and absolutely. Tht;
law which transfers the property to the general eredi
tors, must clearly and plainly, by express words c
Soecessary implication, show the exceptions.
&3 Our attachment lawfconccrning the garnishee pro
cess, or as it is called in New England, trustee pro-j
WTcess, are governed by the same rales with oar law
(concerning other attachments on mesne process.
PTbeir object alike is, to secure the piyment of the
K debt, by the satisfaction of the judgment recovered.
ELThe provisions in these laws which seem to aflect thisgjcan be destroyed by implication. Bowman rs. Hard
fccase are the following : p9mE- 58 559- Blt" T TllP,,am 99 Mass., 376.j
fo Article 4? of the Civil Codo, Act of 1S56. is entiUed.kiludge Stoty held, in the cases cited, that the Xe v
KU" Of the Garnishee proccss. to facilitate the coIlectionMlUmpsliirt attachment laws, which are like those oil
Hjof Debts." The Act has this preamble i " WhereasKMassachasetts, gate only qualified, provisional lienil
many complaints nave arisen, mat creditors are ue
frauded of just debts by the assignment of their
certr to third rersons br debtors, to remove the samefiillamDshin. and was finallr rejected in the U. S. Su-1
r from liability to attachment and execution ; andClpreme Court, as well as in th) Courts of many of thi-
. -
whereas no remedy exists, save by the long and ex-State!. Kittredge vs. Emersoa, 14 X. U.. 509. and
pensive and imperfect process in Chancery, whercbjEJij jf. II.I3S. Jeck rs. Jenness, I How., SIS, auv
the ends of justice are defeated." Incases there cited. It is certain that those claims art
The Act prorides, that in actions of debt, the plain-Mr,
riC may attach his debtor's goods, effects, or debts,
i
:,the hands of such debtor's attorney, factor, trustee, orgJwhich imply actual or constructive possession by tbifln 1,1; IJnnl nnrl Mncalla !n Pintc
M.t.fnr hv . .r!t .ntnmnnin,. anph ihii-tt ir.nn lr..Ii.i?5
, j, ..... . 3
gcloje on oath concerning such goods, efftcts, or debt
tKfrom the service of the writ, "all goods and effects in
V. -J. -f .v. ... -
r ....i. .1.1.,. .i..rr lu . --.J
.tueh judgment s the plaintiff shall recover, and ma)
not otherwie be disposed of." The garnkbee, if thi
plaintiff recover judgment, may be required
gfCexpose the goods or effects, and subject them to befg
i
r.lrt An ..Mtinn . . .1 n . it f .. ,1,. T .... t.cii.l. .1 . I . .It--.-.
fegamount of such debt, or to obey such order as theH
jCourt may make concerning the disposition of the pn fa ransferred to the creditor. But admitting that the
Sperty pending the suit. If the debt be not matured.SJ.D;rit of the Lahaina Act of 1841 'should still be re
jg-' then soch judgment aJ the plaintiff may reeorer "o"a yarded in construing the present Statute;, I bate beei
gcoMftilKte a lit upon nek Jtlt until, and at the time ItWanable toconriace myself that, under those Static
ri i 11 f. it ) 1 v. I ' rri : I ' . f. J .... . . . . .,
Hi?uait i.imuc iuu j.uit. ,ue gmuiiuco ucuirijtiina Dj tne law oi tne lana, an aiiacnmem oTemtie
fiiof inch property, or payment of such debt by procest:j..be bankrupt law. A right to one statute remedy i
grand judgment of law, thall forcrer diichargt hin)tJnot superior to rights secured by other statute remef.
H.from any suit or demand for the same."
The Statute forms of writs to attach tcie projrtjrt1
claimed in a nil, direct the officer, to attact
;1Jand keep safely the said personal property nnti'M
kfjudgment of restitution be awarded as refused,"ffJibout eren in either riew. What greater security
g:and, "to enjoin the said defendant, under penaltyEneed to be expected in the law that attached good
Kof dollars, not to sell, mortcace. lease or rem
the said real property le., nntil the dissolutioi
T such iniunetion by competent judicial
ed - ...
rf?:. tf i ii i : r . . .. I .v.. f: : 1
iiy. luc i uiitrc 1vuiib tumjf uuun 1115 .('r.tQe eaitience 01 prupenjr ui uiq ucviui puiku ia uu
Code issue attachments on mesne process in actioDWnown to other creditors, or which the creditors lirinj
Jof assumrsit. the Statute forms re-jniring the ot5eer,Mm distant parts of the country are nnable to read
1 to attach and safely keep .tc subject to the ordeiRlith equal speed. The opportunity for an unfair
if this Court, (or other Court Ac.) and to
Imon the sad le., then and there to show cause, ill
IHjbhM. hj jadpneot .hould not U rendered
Gjagaint him, and the property attached subjected to
Veiecution, lerjr and ale. If real estate be attacbed I
Kit he officer is to post in a conspicuous place on thef
Jpreiniies a notice of the attachment. If moreable-l
jare attached, the notice is to be posted in three eon
iipicuous places within the district, and also, if the case?
p.be returnable at the Circuit or Supreme Court, ml
jqthree public places at the seat of such Court, and the
i luei;
inotice in either erent mutt warn (i all persons bar-ri
hng rights in said property to prore their claims on orMi
gbefore the return day."
The first enactment concerning attachments wasjibis property before judgment. Iri inspending
passed at Lahaina in 1S41, and thus provides: "IfrJche enforcement of a judgment secured by attach
Q-ine man be in debt to another, and do not cancelnlent nnder our law, I cannot donbt that tbi
jit at the time agreed upon, and on that accounilljuilgment debt maybe prored against the bankrupt,
.tbe creditor become anxious, and fear lest he sbouldjff tbe creditor desires to do so. But it may be tbst
Snot obtain the debt, be may then go to either .ofga-.he creditor prefers'to await the result and adranctj
Jthe judges, who will thereupon attach the proj ert
Jif the debtor. If the debt be not paid within tbirt
lays, then the property shall be sold at auction de.'
IntneBook, 113. This Act was amended by Act oi
other property" of the defendant, the plaintiff beingM
gliable, "ifthsre beany subsequent diBcnlty in-eon-gj
Sequence of the attachment baring been wrongful.'
ttacament baring beep wrongrul."H
Act to organiiethe Judiciary," en-j
..i.- .. . j. . - r-i
ph., 194. The '
acted in 1S47, authorized the Police Courts to issues
tittachments, and thus prorides concerning judgment
tin those Courts , " No judgment rendered in either of,
B-aid Justice's Courts shall be alien upon landed or other!
teal property within this kingdum, until a transcript
L thereof certified by such justice, thall hare been dock
eted in the office of theelerk of the Superior Court. Sueb
gi'Justiees. judgment shall be alien upon the moreable ef-
KfecUofthedcfeodAntineiecution,noteaemptedbylawa,j,ll,:AlrOKOAPul,lliilld a hort article In regard !
Kfromlery, from the time and according to the prioritJH,i'!,'ln Kl,h fant P" the .nccett It-lu,
gof thelery." Un 1S47, rol. 2. p. 22. The judg-M , v ' 1 B
H . r .i. c: r. . i. X , . fclllan ailan fishermen ( who are among onr mod cn 'i
Mments of the Sopenor Courts, by the last named Act.FI - . , , , . Js . , . u ,i ,S
ra -Shall be a lien upon, the defendant's real property !J
chrooghuut the kingdum," and 4Tbe exeeutinn istuedb
5apun such judgment, thall be a lien upon the per-(.:
to post, and also publish in the Polynesian newspaper.'
a notiee of the property attached, with the day and'
hour of attachment. j
Act of 1S43 girfs the clerk of the Superior Court
power to issue attachments or any other process
hich can be issued out of any inferior Court." I
Laws IS43, p. 11. It was held in Shillaber Tt.
Waldo, 2 Haw. 22, that th'u power existed under
he uriginal law of 1341. The Act of lSir. an-
ilso the Constitntion of 1S52, organising the pres-
nt Supreme and Circuit Courts, and continuing
Itbe prenous Police and District Courts, do not re
iuiehimjj irnmm i.iiiibcittiuj( auacuuimii idu..
udjments. The Ciril Code approred in IS59, repealrsj.
the Act of 1847, bn does not expressly repeal thefj
et of IMI and ISfZ. The present law requires ex
ation to be taken out within one year, and presumt
a judgment to be satisfied after twenty years fron
ts dat Sect 1031, 1051. Ciril Code.
The pmrision of the Act nf 1817, making judg
stents a lien, is repealed and not reloaded, which
reason for saying that there is now no judgment lies;
known to our law. This was so held by Uelite Chief
Justice Lee, in Nathan rs. Vida't admrs., 1 Haw.
31. Bat in that case, it teems tn be regarded as
matter of argument, "in natural justice and the fo
rum of conscience," whether a judgment debt shall
Tare a preference orer simple debts. I regard it as!
purely a matter of statute, both in this ennntry, and
n England and the United States. By English com-
non law, as by tbe original law- of this Kingdom
ands during tbe feudal system were inalienable, anc
there was no mode of satisfying a judgment npoc
hem. Hence the English Acts proridins; for an ex
:ent on the lands by the sheriff", to hold until tlx
-ents and fronts satisfied the debt. Tbe Act nf West
ninster, 2, prorided for writs of elegit, or execution
to judgment, by which half th debtor's lands might;
se delirered to the creditor,
was satiated. The Aets of
the debtor's lands into the hands of the jadgment
rreditar pn Mention, and prorided for the re gist ra
ration of jodgmenU for the desirable object of noti ;
"ylng purchasers of lach Uens. Tht common law at-1
1
j-achoents merely required the personal pretence of thr
defendant. Whatevermay have beentle common law
i jctrine concerning judgments in the English Conrts.fJ
.t is nndonbtedly eeand law. and is to beU in the Amn-E
an Courts, that both attachment and judgment lient
are creatures of Statute exelnsirtly. 3 Wash. Real
Prop. (ed. '1669) p. IT, note. Cross on Liens, p. 101.
fhe early Massachusetts laws instituted thtj caston
f selling the debtor's goods at auction, after seenri' g
hem by attaehxient on mesne process, and gave
lien on such gool, which remained valid for thirty
lays from judgiaent. See Qainey's Mass. Rep., p.
J9. n. 3. These, enactments, with subsequent Act
roviding for registration, hare been enacted in mis1
f the United States.
My first imprestion was, that the attachments nn
ler our garnishee process were not reached by thi
bankrupt law. The Statute makes them void whet
aid after the act of bankruptcy has been eommitte-i
fhe first thought is, that previous attachments art
valid, and that if valid for any purpose, it is to satis
fy the debt out of the property attached. Therr
oicht seem to be ne reason for attaching, and no se-l
.nrity thereby gained, if the debtor's bankrnptov
.be main thing intruded to be guarded against, dis
'olves the attachment, or makes it ineffectual. An
thsr serious coasideration might be, if the judgmeni
merged in itself the original cause of action, and als.
itbe attachmenCthat the judgment recovered after thr
bankruptcy could not be proved against the estate
If by entry of judgment, the very means afforded by
aw to make an attachment more effectual, the secu
rity as well as tie original claim are entirely lost
his would indeed be, not the first step that costs, bui
the second that ruins. The U.S. hanlrupt law ft
1S11 expressly reserved " liens, mortgages and othei
ecurities," bat even Judge Story thought that such s
lause was not requisite to protect legal liens. Es
parte Foster, and Cook's ease, 3 Sto., 132 and 376
The present TT. S. bankrupt law of 1S65 has no sue!
aring clanie, but dissolres all attachments laid with
in four months next preceding the commencement ef
ankruptcy proceedings. Attachments prerioasly
Inlaid are not touched by that law, since no ralid lite
guaot prote&ea against tne bankrupt law. mi tMe
pro-jfltrine was stonily denied by the Supreme Court of Xe
, 1 -.
fitfpreferred which rest on previous contract, as on niort
injjgaf;e or hjpothtcatiun, or on the common law liens
I:..- . r v. ...:-t l,:.l. k. 1...
rtcacuuvi w luc ....... v - wu nuivu u uas wvatv.t
:Hmoney, labor or material, or-fchiob. rest on the lir!
f reneral adiairaltT law. as the mariner's claim furtll
f., and every debt durijfj, or on ,tatute, as the lien for supplies to do-gj
tit in Aft tnnd to oijfjj'nestib res.e!s. Judgments on such preferred cUinupj
4
xerely bring them nearer to satisfaction. Althougl
Mi judgment to ti'oore Rt'es no lien in this country, ii W
kjjiay aid in enforcing a Iiencreated by 1contract,'staT-i
ite. common or maritime law. By process of law H
a !0 far as they are required to pay the debt, mar be
IS lies. The attachment laws in the United States giv
g a lien are far stronger and clearer than any thai
.i.an be found on our Statute books.
The arguments of conrenienco and justice r
ajliay be satisSe-1, pro rata, under, the bankrupt law
author-FThere is no einecial merit in a creditor who ascertain
- r
:Z . i . . . r . . l .1 .1. . .. 1. : -u : .
sum-Mpreferenca of creditors by the debtor confessing judg
jtnent or taking a default, is as good as that of defeat I
:Y1 . . ..... .... I
ing an attachment Dy going into Bankruptcy. 1 tmni ;
;he teenrity of an attachment is held subject, 1. ti
Inal judgment and execution thereon, and 2. to tbi
oon-interrention of bankruptcy. The first contin
;ency po faeto defeats the attachment, tht
econd keeps it in abeyance until the questior
f the bankrupt's discharge is settled. . If thi
oankrnpt does not get his discbarge, the attachmeni
erires and may be enforced prior to nnsecureii
laims, subsequent attachments, or subsequent eon
racts of the debtor. It is the only security whicl
lithe creditor has againtt the debtor making way will
lis claim if the bankrupt should not be discharged
ir if the discharge may be defeated.
Besides the citations already made, the English am
merican authorities on this subject may be found ii
lames' U. S. Bankrupt Law, Arery and Ilobbs' 17.
Bankrupt Law. Cnsbing's Trustee Process, Dralefl
. Attachment, Story on Bailments, (Bennett's, Ed.)
Dane's Abridgment, rol. 5. After examination o
hese authorities, of the course of legislation and thi
. . . . ....
aw of this Kingdom, I am of the opinl m that thi
motion to dissolve should be granted, and it is si
ordered.
Alfred S. IIartwkll,
Justice Supreme Court.
Honolulu, Sept. 15, 1S70.
Fisntso witu fitAST Powdeii. Some time slnci
terprisicg people) immediately took the bint
procured the p-jvrder and qnietly learned bonM
to nee It. The success of the new mode ottj
nsnin realized ineir bwbi sanguine rapci-uuiono
every explosion bringing tn the surltct: large quai
titles of sncb fl;lr is will float when Killed, while
dire to the bottom reveals numbers of those whicl
-fl-e too heavy to float. This mode of litblng W
beeu adopted by a company of tifthermen between
town and Waikikl atid we have seen fish at
the market for rala wbieb bare been taken In
this way. There is a "shark story" whcrcii.gj
the shark one to irrlef, connected with tuitf j
I.. A - . . . . ... ... I
l-Ql.Ject ol fishing will, giant powder willed wilt
tuiusc our readers, and we presume the pobliilil
verdict will be that It "serTed iilm right." Ii
likcetus that the fishermen bad exploded a cbanri
I the powder In a "fisb hole" about eibt fathnmrj
ierp, and after picking np tbe dead fieb from th
urfacr, one if tbe men ddre down into tbe bole U
pick np those on tbe bottom ; as be approaebrd tin
wttom be dUcurerrd an enormous shark going inti
be place, which made him feel fit though be wantrr
to tee bis companions In the canue, and be pro
-cried Immediately lo tbe tnrface. After ttettinj.
nto the canoe and mrrallug bia experience tn Lir
..umpanlons, a consultation was held, when it wa
Ircided to attempt to blow op Mr. Shark; accord
"ply a good sized fish wis attacbed to a can of port
ler, the proper lose lighted, the can wis carclulii
owered In tbe proper place, and as fortune wodIl
nare it, tbe hungry shark immediately swallowed tb
treacbemnt bait. That bis last swallow, tbi
x plosion literally tore him to pieces, bis beau
Kroinone way, his body and tail another, Irarlr.t
the way clear for the larky flthcrmen to aecnrj
ibrir dead game at tbe bottom.
HcsTIXO a JaPAKEsE Cukistia. A handbill bar
recently been posted In vtrlons parts of Teddo.
which runs as foUowi :
"One of tbe disciples of Jesnt, wbo had bm
ent to tbe proTjneeofTsn for safe keeping, escap-t!
from hit keeperi on the second day of last mnntb
. i. u .-, u- Vand has fled to parts nnkndwn. He was bnrn Intbt
to hold until bis debt of HfIcn 0..t..?,) bis aire la 2s. is of t!
Vict., 1, t and 3, put alsdurlc c-implexlon. thick lips; speaks tbe dialect ol
m ansaEi, wlin a slight tinpefllinrnt in Bis spercti
ti anyone tnau Dim mm. nr snau nrpon qniisur i
tbcpnrprraiftborltles. And If anyone shall barbrj
ir conceal cim, ne saau tie aircmea a panaur in tilt
:niae."
NEW ADVERTISEMENTS-
lustralaisan Steam Nnvgiation Col
THE U.NDERSIGNED hnrin
'been annotated the Acents vf the AVS
STRALASIAN STEAM NAVIGATION
o. at IlonoIoln,""tte Company will not b responsible!
rr any debts contracted on account ot tneir veseis
be" Wnnga Wonga."or ' City of Melbourne," with
at their written authority.
Si-lm C. BREWER 4 Co.
HE UjDERSIG-NED
. HAS JCST RECEIVED
HJ:
Courier,
Martell's and llenety't Fala Brandy in caskl.
Buff Gordon and Yriarte'a Sup'rPale Sherry,
Cases Orange BittersJ Cases Angostura Bitters,
Caietof Quinine Wine Bitters,
Ba-s's Ale in pints and quarts,
Jeffrey's Ale and Porter in pints and quarts.
ALSO
Ex Other Late Arrivals,
Hennessy's and Martell's Best Pale Brandy ir
quarter casks,
Martell's and other brands of Brandy in cases.
Tale Sherry in cases, Ruioart. pere et fits, and
Ileid'iek's Champagne. Fine Claret. Sauterne,
Muscat, Hochhein-er, Liebfraumilch,
Johannbberger, Port and different
Varieties of Cala. Wines,
Hosteller's, Drake's Plantation, Forest Wine,
Leslie's and other Bitters. Maraschino, Buppel
Kummell, Genera in cases and Baskets,
Ind Coop Pale Ale,
Tennant's, Brass', Barclay i Perkins, and
Guinness' Pnrter, Vermouth, Ess. of Ginger,
Essence of Peppermint. Absinthe, Bourbon,
Scotch and Irish Whisky, Jamaica Bum, Ac.
AND
1
Dally Expects per Bark " R. C.Wylie,"
XOW DUE..
J)uc de Montehello't Champagne, in pints and;
-quarts.1
Clarets ef rarious qualities.
Bed and White Burgundy, pints and quarts.
Rudesheimcr, Maroobrunner, Johannisberg, qts
RO U Ul fl I llf. IIUUI UIIU IMUOQIIUi III IIIIIO
W
French Sherry and Port.
Cases of Irish and Scotch Whisky, Curacao.
Orange Hitters. Angostura Bitters, Anisette.
Noyau, Port, Pale Brandy,
CSSlCS Old MBfJOirSa
Gold and Pale Sherry.
Jamaica and other descriptions of Bum.
Cases India Pale Ale. pints and quarts.
Sparkling Ale in jugs.
Barclay A Perkins's Porter, pints and quarts.
Cases of Cin.
Seltter Water.
Very nearly the whole of the abore-named good.-fn
ire directly from Agents' hand', can be safely recom U
uendeJ. and will be sold at rery low rates, by
35.3m GODFREY KUODES.
Daily Expected!
; Per IJarks
R. C. Wyllie & A. J. Pope;
TR01I EUROPE,
" 500 Barrels"
Best English
Portland Cement.
Russia Hemp Rigging,
From 2J inch to 7 inch.
150 Coill Ratline, Marline, Iloulline, IVormline
Two-Tarn Spunyarn, Three-yarn Bpnnyarn, Selling
Log Lines, FJag Lines, Etc.f Eie., Etc.
Chain Cables,
Sizes, from inch to 11 inch.
Iron-Stock Anchors,
Weight, from 100 lbs. to 3,600 lbs., with certificate
of Admiralty Test.
Also,
Barrels and half Barrels Stockholm Tar,
Coal Tar, Pitch, etc., etc.
AH of which will be sold at the lowestmarket prices,1
35
BOLLES J. CO.
Just Received!
Per Lute ArrlTals,
COttOll X1XCl.;
From the Lawrence Suck Co., in Bond or Dutj
Iji'aid
Morale
10,000 Yards Belt Cotton Duck of this cele
ted manufacture, assorted numbers : Iteceired
r " lolani, direct irom uoston.
For sale by 32 BOLLES i Co,
Hempen Flax Canvas !
Fire Bales best cFlaz Canras, astcrted numbers
manufacture of
DutIiI Comar tint! Sjonn, Arbroath,
None Idler in the Country t
Can be told law,-in'Bond,'or duty paid, by
85 BOLLES A Co.
American 31 ess llcef, and
American PRIME PORK
tn Bond.
35
For Sale by
B0LLE3 A CO.
VTcMurraT'l celebrated Baltimore
OYSTEBS
JJJL In One and Two Pound Cans.
for tale by '
35
BOLLES t Co.
lisences Expiring in September, 1870.
RETAIL.-t-dAnU, 2nd John Sim, Btb B. E. Me
In tire. 7tb Alo t Asee. 8tb 11. T. Donoell, 9U
th Mu Aii, 9th llrinhaum t Co., 10th Cbulana Bros
Oth Geo. C. McLean, 20tb Ah Eana, 18th 11. Bird
13rd Ah Lin, Sib Ab. Pai, 18th Ah See, 10th T. Most-
nan A Son. Ewa, 28th Ah Eee.
M0L0KAI Kaonakakai. 10th J, C. Fountain.
KAUAI Waimea, 20lh. S. P. Heodchttt.
HAWAII Hamakua. 2nd G. M. Coffin.
Wholesale. OAHU 7th T. C. Heuek, 30tl
. S. Clegfcorn,
Retail Splrits.OAHU lit Joieph Moris, 20a
Ilaghes k Dunne, 22nd G. If. Hoogbtailiog.
Victualling.-.OAIIU 3rd Akaa, lh, Oan Si
!3th Mrs. Elese Brickwedde.
Bntcher. OAHP Hth O. O; CKsTord, Mth E.
II. Boyd.
Horse.OAHU Ht C. P. Wrf, So. 192.
NEW ADVERTISEMENTS.
FOR HONGKONG.
The A 1 American Clipper Ship
g SEA SERPENT,
T. 11. WHITE Commander,
SOW DDK from Ssn Francisco, will sail for the
bore port tbortlr after amral here.
For freight or passage, apply
J8 H. flACKFELD i CO. Agent."
The Sortli Pacific TraHspertatiea Ce's
Steamship MOSES TAYLOR,'
E. S.FLOYD,
Will Leave for San ancisoo
OX OR ABOUT
Saturday, September 24th
For freight or passage apply to
33 Ii. UACKFELD X CO., Agonit.
C. BREWER & GO.
Market "Wliarf,
OFFER FOR SALE!
To .Arrive,
THE CARGOES
-0F-
The following TcsScls, now En Rontc
FROM BOSTON!-
Hawaiian Ship "Iolani,"
American Ship "Ceylon,"
American Bark "Nabob."!
T
IIESE CARGO ES consist of the usual?
Assortment of
Groceries,
Provisions,
Oak Timber,
Cumberland Coal,
Paints, &c.
FURNITURE &, GLASSWARE,
Bricks, Cement,
Kerosene Oil,
Lamps, &c.
AGRICULTURAL IMPLEMENTS,!
Pine Barrel Shooks,
Sugar Keg Shooks,
Oil Cask Shooks,
Hoop Iron, Fence Wire,
Bar Iron, Woodenware,
Burlaps, Bagging.
' AND
VARIOUS OTHER ARTICLES!
TOO NUMEROUS TO MENTION.
S3 3m
DOWNER'S
GENUINE OIL!
-EX-
SHIP "IOLANI,",
AND-
FOE SALE IN LOTS TO SUIT,
BT-
A. S. CLECHORN,
34 IVhai-r Store. Ira
WANTED!
A SMART. EXPERIENCED SALESMAN, Oni
who Is acquainted with tbe business, and is will
ing to make himself useful to hit employers.
Inquire of (3J-3t) BOLLES A CO.
California Brick,
For sale by 35
BOLLES & CO.
California Lime,
Fur ! by
35
BOLLES t Co.
ITUiR SALE. -A 2-teat Family Carriage.
? Knqulre of
36
M. BENFIELD. King St.
TTEJH' CANVAS and DUCK,
XX
For Sale by
3m
II. UACKFELD k CO.
T IVEKl'OOL ALT,
Ji tn Jie
Xew Oak Earrell, and for tale cy
II. UACKFELD A CO.
29-
MU.NTZ YELLOW METAL,
. And Composition Nails, for sale by
n-
II. UACKFELD A Cr
"tALVANIZED IRON PIPE, J Inch sndj
j uu, ax a. v. n ziajs, ana tor sale by
13 H. HACKFELD t CO
JiEGAti NOTIGES:
SUPKKMK Conrt of tit. HiwtHan laUwcta.
la Chambsra la th nattecrf tae-Satat at 1YI
klouookalols kaeaakea- ow.i
!Jostlct WUeownn, la Csambsrs.
On rwkjlog and mini m MtlUoncf JhaO.Doakia, ij.
mlaUtrator of the al. ef An Keeeootalol Kapaakn
ieroaMit. that hi. flaal MsuuaS mm rath .laariFiimtor nar
'. allowed, and that bv may be dlseharr4 froej nU tnot.
It Is ndtred by the Court, that TtlUMOAT. tse Ma tar
f Oetrr. a. a. 1S70, at 19 n'cJork la ih fLenoon.be a4
ihesame bNedr t arnotntrd hr kerlaetaau wiil. w
f.TS th. said Justice at hit Chambers la ltot4al; at akkh
aiti hi pntoo. in.ti7sci may app.ir aa abrw
raus. If any tbey hare, why the Km thoald m-'A tm tractad
nd that not lev thtraof l-m ft'en by pabhcatloa mt tail anhr
i, ii. It- firm IT..i..M.. - .
---'" -"' wseas prtrknt b aaal bearloc.
ii. A. UIDEJfaXX,
Atsndata Jastir. ef th frarreme Court.
Attest: W. IL ;Uv, Cmn detk.
rnted lloni4uta, Sept. IX 1S74. rajs.
onnsnair.fAtiCPitKME COCItT. Ilanall.n lalasd.
k3 la th. manor cf lie Caolranley ot SAUCsU. X CAR-
CEK. a riJnntary baakrupt, De(Lr ilr. Juatletl'Uaaat
it Charabrra,
'lyiiiu! M. Carttr, of lioooluta, riawauaa IsUada. barfss
pperedbfclNaRd derUreU blmtttf Bankrupt... er.
iuea la ciioo vk ot to. urn vtw: aaa imvuisbmi bm
betttlon. duty rtrlUnt. thai he mar be declared a Uatrart.
I llikrnbrrdert4thatlk.arrkortb..Pnin.rirtda
!su an truer to th. Marshal of th. Klnrdera : tak. hm
SKiua f th pr pertj of th. takl Baakruef, and aat his stjre-
anywnaea, coDWDaonira, tuicia, docks ana paparm, aaaac
ioca aau seal.
An t It U farther ordered, that aottc. of acb baakrwrtcy
b. poblUhed in the Him.i Gaum thrr ccciieatir.
far before ate fr tb. r-arrweef ervtiof tfceir tlalota asjahut
h. said Itaakrcpt. at my ChamLera tt llonolalu. oa Taras-
!at. me .ji uy or epirttier, isru, at i eciora A, jij, ami
further callloc upon alt renoua tha aa4 therr to artwar aad
.how caase. tf ear ther hare, war each decir ofbaakrvptrr
hhoultt riot b. Ised in taror ef th. said Saatwel XL Cartr.
Dated in IloaoUtu, tpi. 3d, lSTO.
II. a. WIDEHANX,
sM Aerial. Jwtlc fjwa. Ooart.
SUPREME COURT tn Probate Refer, th
Honorable 11. A. tTMemaaa. gn4 Anoclat. Jastle
Knfth. Soprrm. Court, la th. matter of thr btat.ef DAMKL
aMU.TUU.Mr-ll. deceased al IlinMil la ta.Coart Uommm
Ein th. City of UoDolnla, thit firth day of SepunUr, A. O.
is. a
On renJInr and ttler the rlltlo rf Winjaai U Orrrn.
praylDt; that a document. purpittnc to bm th. Lait tTrH aod
Toatanient tf. said deceased t ailailttrd to Trobat. and that
the petlt!n.r b. .pputaud AdmiaUUatur, with to. tVtst aa
anij, of th Etta!, if tleccMfrnt
II unrrtny orurrrd tliat T1IUKJOAT. UeSIdayoC SVp.
lumber. A D. 1STO, at 10 rclvck A. H. ef that Or. atlh.
ICoort Room In Ib. Court llnute. In Honolulu, b aarolated
fir hearing std Will. ad forbewrlag th.apptkalUm .faanl
William U Green to be appotatrd sweh AdmtaUtratert t
th. tVlll auseseit.
Art It I, further ordered that tha Ctrk ef th frrrem.
mrt eir liotk thereof br eabtleatbwi tn th Iltwatt-
(X Qitcrrt tor at least thr week, prrrtoa to akl dirir.
upiotaJ fur th bearing of th aakt apotteatiiq lt orjwf ef
lib W III and foe LeltNl of AdaUlatraxlua with Ib. WH1 aa-
Euexed,
n. A. WIDEMAXX,
Araoctat Jastle Sn Cmmxt.
I tttett : tTlltn R. Sou Deputy Detk.
Ilim-iinin. gpiemier am. A. u. IS70- jya
'VT'OTICi:.In the mutter of tbe- Eatat
.if UtOrvOEEBtKTS, Iecil.
Th undrrtifoM liarloc ba airtatil Aiaunbtralee af
th. abot. Estate, all persona arv hereby noUfled U trereat
thetr clatroa, at th otSc of th aad.rtJrDcd, la ltDo, wMhla
ithre mootba from th publlcatloa of tht. ?ctr; aa-i alt
'lrnni la poasestton of property tloriiij to ralj Kstot are
notified to account tut th tan with ot deuvy.
J. u. lAJ.tsi, Aaauaistrator.
IIIlo. July H.1K0. S-Jmc
8T EOM, XOTICK Id lb matter of the Esttt
BJLi THOMAS JtllKU
Proper aprlicaltou hariar bn tnmdm to til Ifoacrabl A.
J. Lar.nce. Circuit Judnxf th Serrtxl Jodlrlal ClrraK. br
allenrr Dlcklaron. Smn'r. tmr Letter ,.f Adraralatratloa aaoa
tl.. t'Ut of TtKimat Shlel, lar dererd lo'male. aelr U
Kriereb.r given to all whom It may eaoeern, that U05DAT.
sin. zitn nay or uctoeer. tsru, at lV'orcsuca lo . bra,
Ri, a day and hour appointed by me tn hearts th arritc.
Ltion for Letlera cf Adaibitatratlou mUntmid and H bbjacttaa.
?that may b. oflerrd thereto, at th Court Hear la th town
lt Lahaina, Maul, II. I.
A. J. LAnKE3i;C.
Circuit Jodie of iad Jodirial Circuit, IL L
Lahaina. .VaatJABiutt tin. H70 avllt
PACKET LINES.
HAWAIIAN PACKET LI2IE,
FOB
San Francis co.
The Fine Thrematttd Sehr.
A. P. JORDAN,
I'EItRY, .... at.r.
WILL HAVE QUICK DISPATCH for th abora
port. For freight or paseage, apply to
31 ALfct.lt . ALLEA. AgenU.
CHAS. BREWER A CO'S LINE.
For New Bedford.
The following Vessels will least thi Fall fr
New Bedford t
HOPES, .... Hulrt
FOLLOWED' BT
Tbe American Clipper Ship
O 3E3 TtT JL. O 3NT , d&
WOODS, .... atr.
FOLLOWED BT
The American Clipper Bark
&L NABOB,
SIIATSWELL, . . - - latr.
C. BREWER A CO., Agents.
33 Market Wharf.
REGULAR DISPATCH LINE.
For San Francisco.
The Fine Clipper Bark
COMET,
FCI.LEn, .... Matter,
Will be laid on the rout about Srt. 20th. t tad
with dispatch for San Franefaeo. Freights iH ho
reoeired on the wbarf or at the warehouse af the na-
lersigned. Liberal adrances made on mircbaadii.
C. BREWER 1 CO.. Agents.
33 Market Wharf.
The north Pnclfic Tranaportatlon
C'ontpuny'ti
SAN FRANCISCO & HONOLULU LINE
The Company's Splendid A 1 Steamship
2S& "AJAX," 2a
It. 9. FLO I'D, ... Commander,
1VI11 Lenre Has Frnndtco
On or about -September 10th
1V1U Lcbts Ilonulaln
On or about-.... M. .AM.nH.Septtmbr 22d
Freight for San Francisco will i receired at th
Steamer's Warehonte, and receipt for the tarn.
iren br tb sndcrtlnied. No ebarr far strsr
M t .-artage. Fir Risks in Warehoui, not taken by
th; Company.
Liberal Adranccit Mode oa all Ship
ment per Steaiurr.
Inrurane guaranteed at Lower Bates than by Salt
ing Vessels, Particular ear taken af Shipments f
Fruit.
All orders forOoods to b purchased (a Ban Fran
r!eo will he reeeired, and nlltd by return of Steamer.
r-fr-Shlpmenls from Enrop and th United Etattt.
ntended for these Islands, will b reeelre-l by th
Company in San Francisco, if consigned to them, and
ie forwarded by their Steamers to Honolulu. Fata
r Cnaaor., atecpt actual outlay.
J&rPiltmBTtrt ar rqutted ta tak their tickate
-efor 12 o'clock on the nay of sailing, and to pre
mre their Pastports.
ZSMl Bills araistt th Steamer oast b pr.
lenttJ before two o'clock on tb day ef tailing, or
they will hare ts lay orer till th rttara af th
Steamer for settlement.
1-3m IT. HACKFELD A CO.. Agnt.
STEAM TO AUSTRALIA I NEW ZEALAND
Tbe California, XVvr Zealand
i and Australian Mali Lin mt
Steam Packet.
Tbe Spies lid Btamthlps
WONCA WONCA,
1450 ton. Stewart, Carn'r,
CITY of MELBOURNE.
1200 tan..'. T. tSravtftfs!, C.sn'r,
Will rar remlarlr between Henolula and th tier
ports, eoaneetiog at Honolulu with Ura North PaciSa
rantportatioa Co t Steamers. .
aCCSTl AT
flowottttt, . W. L. GREEN.
AccitaD.,.........CKUICKSHANK, SMART CO.
erssiT H. H. HALL, u. a. ceasal.
14

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