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The Hawaiian gazette. (Honolulu [Oahu, Hawaii]) 1865-1918, February 15, 1871, Image 1

Image and text provided by University of Hawaii at Manoa; Honolulu, HI

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83025121/1871-02-15/ed-1/seq-1/

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Mmtmtuw (gazette,
t rtrousirED
T.x-p.tv "Wednesday Morning,
A T Slit!) OLLAJtS FIJI JLZV2V773I
renin tnbtcrlbtn, S.OO to $10.00.
OmoE On Qaeen Street, in the old
Ctom House Building, Honolulu, ii.
a vm.vi kr 'M Tlinxx. at the Govern-
tateat IMatte OSee, to whom all buslnee coauncaica-
m awt be tMiwei
BUSINESS NOTICES.
CASTLE !t COOKE,
Irawrrtert ul Dealer in General Meixhaadise.
tma4 CWsaiMtott WertfcwiU, No. 80 King filrwt.
tm lot and Note Collecter. Alio. General
Advertising Agent,
a a Jl t YL..aw. fUW SlAam. lloncanlu. II. I. Terms
H xmt Buaieeaa imipUj attended to. ODce boon.
la)a.si.
tennm-l. 1. JaaM, Em., C 8. Bartow, En., Ira
a- Jaeaara. saaca a Atua. om
. - WALXtO.
. C. ALLIIt
- WALKER
5c AMjEfY,
Shipping-and Commission Merchants,
Qaaia Etnet, ntssetulu, IL L
AgerU lor the Haniian Packet Line.
ittXTTt roa
n '-' lMia, I Fpeoorr'a rUnUtion,
intaUlM, I AulefiH lltKUUdll,
1 isial FInlMVtmM Oempaur. London.
Mataal auln Insnraaoe Co., Eu Francisco.
x. a. rmuos.
A.. IV. PLIUCi: Sc. CO.,
(poenaawrv UCL Ekoikm X Co.,)
Ship Chandlers and General Commission llereaants.
AtM Aajssrta er th. Paulo Salt Works .
it M m ulaja. Hawaiian lalanda. llyc
E. P. ADAMS,
Auctioneer and Commission Merchant,
Jt ). Street, Hondolo, ILL lye.
C K. ZVICIIOLS, SI. !.,
Horoeopatlile Physician,
mm Tm 1 an! Voftliiat ilniitt At 03k forenoon after 8
( M.t; Iwer . lant. trj BereUnla 8t, 6m'
joiia s. .-ic;ki:v, 31. i.
(Lata Sarjxwi C. & Arm.)
r- - VajMuaitei at Ma raUum m UUl EL, between Ala
aari Ntmaau streets.
1
r. saoim
numiiui:VN & jiko'ivn,
tKPOEIERS ASS WHOLESALE DEALERS
la WWa, tiittta. AK rwrter, Ac , Ac, Merchant Street
H .ilita, IB-US
A. I JUDI),
ATTORNEY AHD COUHEELLOE AT LAW.
U 0i Sa. 29 Fort Street, Honolulu. 17
XIIOS. C. TJIHUJl'S
Stationery, Cutlery and News Depot
and Circulating Library,
" -- Unit naaalalu. Also itencll Cuttlce. En.
asm lfytng, promptly executed on
i-ij
A. CAJIPBELL,
MoroliazLt Ma. llor,
KAAHCMAMT STREET,
1 QrfmHt Oat A 0.'l Sail Loft, Honolulu. Irr.c
UtA mCHA.KO.SO;.
nCFOBTEB AND DEALER IN BOOTS, SHOES
tlouds, rerfuinery, Ac, corner
Orders received.
tsae.
IM to the Sbipment of Good to tht
A. C. JlWFVyi. 31. !.,
POET PHTS1CIAH, AKD SUBQEON.
4 FmUmo). motor BolTam'i Hall, Hottl Street,
a ft, vsvm wewt oC inniBn Street.
Hm a aaal uMetaieat of Drags and Mediclset, rerfaoerj,
Smm, Ma 0K BraVi. Oocaba, Toilet Towder, Colocns,
Wm C-. C. Mctl be eelll cheap for caah. C-m3
JOII. II. PATY,
Itotary Public and. Commitiioner of XJeedi
Far Mm State of CaUfaroia." OQco at the Bant of Blahop
a O. . Ki.Wal.ano Street, llenolulll. 8-11
I)ILI.1G1IAI Jc CO.,
ntPOETEES AKD DEALERS IN HAEDWAEE,
0MteT, Brr en. PalnU and Oi and Oeneral Mer
fcaath, Sa. , KhC Street llooolnlu. I1M6
ii. iiAcuri:i.i & co.,
GENEEAL COMMISSION AGENTS.
, Oaeea Street, Honolulu. H. L ljg
ED. EOFFSCELAEQER & CO.,
IKPOETEES AND COMMISSION MERCHANTS,
41 nooolnln. Oaho, H. I. pa-B
XIIKOD. C. IIEUCK,
IMPORTER AND' COMMISSION MERCHANT.
!) noaalala, Oana. 11. I. ly
V. A. SCIIAKFEU & CO.,
COMMISSION MERCHANTS,
MJ lloewlolo. Oahn. 11. I. lj6
c. s. uitn. J. a. mcKsox
LGU'ERS Jt mCKSOIV,
IMPORTERS AND DEALERS IN LUMBER,
Aaat afi aiaWa of BnUlinr Miriali, Fort Street, Honolulu,
at- 1'6
ALLEN & .CHILLLNQWOETH,
KA-IVAIUAK, HAWAII,
TTfl opanii eW General MerchandUe and Shlpplnft bn-lnesf
atttW lUn wrt. vher they are prepared to farnUh the
jaettr aelitlaled Kawalhaa rotatoee, and anch otlier Re
1 aHi aa are reaaered by abaleahlpe, at the ahorteet notice
aa4 an tbeaaeat rea4ectab terma. Fire wood always on
kaaaVlta 8-l6
TipiIA X. M'ATERIIOUSE,
TMPORTES AND DEALER IN GENERAL
MERCHANDISE,
S Caeea Street. Uopo'.nln, II. L lj6
XS. I- O It EE A,
GENERAL COMMISSION AGENT AHD BROKER,
OSe ta Fue-proof Buildings on Queen St., llonololn, II.
HI Py6
JIcCOEGAA Si JI)lLSOS,
MERCHANT TAILORS,
3
Fart si., nottdnlo. opxiaito T. C Ueock'a.
lj
-
C. E. WIX.EIA3IS,
XANUPACTURER, IMPORTER AND DEALER
la FI aHea e of erery deaerlptfen. FnrnltTrretTare-Itocnnson
Fort SlrprC.eypo.tw Chaae', l'holorJi Gallery. Work
aVrp at the M stand on Hotel Street, near Fort.
41 Oraera freaa tbe other lxlanda promptly atteoJed to. Ij7
XT. It Ell ETT,
- BOOT AND SHOE WATrFTt,
U Klac Street, Bert to the Bethel, Iloaoluln. pj7
XIIEO. II. DATIES,
(LlTS Jjlsiox, Gaxrjr t Co.1
IMPORTER AND COMMISSION MERCHANT,
urs cist roa
UoysTa aad the lire-pool Underwriters,
Brtttsh aad rereia atarina Insurance Company, and
Nerthcra Aasvrance Company. S-ly6
nY9IAA' BROTHERS,
IMPORTERS AND WHOLESALE DEALERS
la Faahiosahla Clolhlar:, Hrta. Caps, BooU, Ehoea, and
erery Tajietr.tOf.'ISaaathrfflen. Fnrniahln Goods. Snow's
BaBotiab Meriiant Strert, Honolulu." - W-lj7
I. L..TI)RKERT,
SEALER IN LTJMEER AND EVERT KIND OF
m BUILD TNG MATERIAL.
II Ornca Corner Queen and Fort streets. Ij6
EDWEV aOXES,
GBOCEE AND SHIP CHANDLER, '
Xaiialn.a, Haul.
Ueoey aad Cacraits fsrnlshed to Ships cm tht most laror
11 able terms. flyt
GEOKUE WIIalalAMS,
XICEKSKD SHLPPLNQ AGENT,
OSca on 7araei Roblnton & Co'i'Whart
'Oontiene the bastneas on bts old plan of settlinc vlt
&dot and aaanaoi inunediately on their shipplnc at his
c&ca TUriuiiaadirertalndlrax2ronnetw lth anjcnl
CtriEt eatabiuimen t, and alIowtn( bo debts . a collected
ta talsoaca, ha bopea toclra aa cool satisfaction n tha fa
jr. as ha bu In lie past. lm
HAWAIIAN
VOL. YH-NO. 5.1-
BUSINESS NOTICES,
IIOEEES Ac CO.,
hin tThannleri and Commiision Mertnanti.
JW-AEenUfortheKannataakal, Mounalo and Kakaok.
nwH. -
ALFRED SEVGEK,
Teacher on the Piano Porte and Singing.
n- Mn.lt fomUhod at PrtraU Balls, etc Mi tb. UUst
Knoann Aeenoe. prompnj mw- .
Il.lVIHT.TIA?f
Has Opened a New Bstabnslrment,
and will glre nil attention to
Carriage Trimming. Saddle and Harnett Making,
. - i 11 u. n.tieliea.
ana jiepainng iu
Erery description of Article, coniiectad with the Basin
' constantly on band, at
Moderate Price.- e31s nim Trial.
Fort street, next door to Oorernment Bnlldlngs. CO 6mc
HONOLULU IEOH WORKS CO
ceriw u-.TifJITSES. Sncar
Mills,
1 ttl t ti. Coolers. Iron. Brass and Lead
Castings.
Machinery of Every Description,
zTaf Made to order. -
Particular attention paid to Ship'i BlackimlthinB.
iraiTTin WORK eiecnted on the shortest notice. 3a-ly6
J. S. IICKSO!,
House, Ship and Sign Painter,
Ko. 92 King Street,
fKearlr ciwilte Messrs. Bitllngham A Co.
nr.i.1.. Marl.llnir. aildlnc. Calsomlnlor, I'aper-
ri5nanging, ., h oiV
land on me most reaeoname agim..
TO NE'VCOMU,
BENTIST.
Office, Cor. Fort ft Hotel Street.
5)
llyfl
at. c.
CBALI.ABEU " SbME.
CIIALEA.-.IEE & CO.,
IMPORTERS AND DEALERS IN WIHtS,
Spirits. Ales. Ac, Ko. 8, Kunann Street, opposite Merchant
Street, ilonoiam. . "J"
A. S. ClaEGIIOKTV,
WHOLESALE AND RETAIL DEALER IN
GENERAL MERCHANDISK,
Flre-croof Store, corner of Qoeen and Kaahumann Streets.
Retail BiUUIsbments. on Nnnann Street, and on the corner
ol Fort and Hotel streets.
ituaxAX ncr. u. a. r. cuiu
C. IIIIEWI.K & CO.,
SHIPPING AND
COMMISSION' MERCHANTS,
HONOLULU, ii. I.
AGK.VTS Or Ute Uoilon and Honolulu Packet
Line.
MJENTS For tile Jlnkee, tVnlluUu and liana
Plantations.
ACE.VTSl'or tlie.Partlinjennd Sale of Island
Produce. 6-lyO
s. r.
EULEIIS.
A. JAEOKII.
II. F. EIIIaEItS & CO
DEALERS IN DRY GOODS AND GENERAL
.MERCHANDISE,
Flre-proofStore on Fort St abore Odd Fellows Hall. 37-1 j6
I A. SCIIAEFEIt,
AGENT for the I1IIEMEN IlOA
USDERWltlTEKS.
Agent tor toe uresaen ifoaraoi unoerwruers.
Agent for the Vienna Board of Underwriters.
C. S. IIAItXOVl',
AUCTIONEER,
Salesroom on Qneen Street, one door from Kaahumann
Street. -'?
HI. S. GRINBAUM & CO.,
IMPORTERS AND WHOLESALE DEALERS
Tn Fashionable Clothlne. llats. Cape. Boole. Shoes and
erery variety of Gentlemen's superior Furnishing Goods.
Store in Makee'a Block, Queen Street, Honolulu, II. I.
1U-J lJ
AFOIVG Sc. ACIIUCIC,
Importer!, Wholesale and Retail Sealeri in
General Merchandice,
And China Goods, tn theFlre-Droof Store cn h'unan-a Street,
under the rnblicllall. 43-ly7
S. H. HITCHCOCK,
NOTARY IUItI.IC,
Hllo, Hawaii.
IS
lj6
M. X. DOifNELL,
CABINET MAKER AND UPHOLSTERER
King Street, Honolulu, opposite Lewis' Cooper Shop. Will
j ooy ana sen seconu-uaou r uroiiurc. tiji
Commiaiion Herch&nt and General Agent.
Importrr of Ten and other ChiovM aod Foreign Good,
nuoies&le iwaier in Jiawaitui I'rouuce, aoa Agcoi iur ia
raaku and Atnanula Sugar riantatfons. Firo-proo
Etore on Konann &tre)t( below King.
COOPER AND GAUGER,
At the Old Stand, corner King and Bethol Streets.
A Larre Stock of Oil Shooks and all kinds of Coopering
Materisls consUntly jn band. He hopes by attention to
business to merit a contlnuaoc. of the patronage which he
has heretofore enjoyed, and for which he now returns his
thanks.
J. II. XIIOMPSOIV,
GENERAL BLACKSMITH,
Queen Street, Honolulu,
nx mnitA&llr on hand and for fill at tb Loest.Maiket
rr!ces. a rood assortment of the Beat Refilled Bar Iron, and
tbo Beit ElackBinith'i Coal. 6
F. XI. & G. SKGlCIjICErV,
TIK, ZINC AND COPPEE SMITHS, OD
SHEET IHON "WOEKEES,
Knuanu Street, between Merchant and Queen.
Hare constantly cn hand, Store, Pipe, GM'Ttnlzed
Iron rip, riain and Ilooe BibbS top-cock India
Rubber Hone tt 3-plj, tn length of 25 and 0
feet,withroapltngand pipe complete. Batb-Tabs,
. - J and also a Terr large itock of Tinware of eTexy de
scription.
- Particular attention girtn to chip-Work. Orders from the
other Islands will be carefully attended to.
Thankful to the C!feas of Honolulu and the Islands
generally for their liberal patronage in thepast, we hope by
strict attention to business to merit the same for the future.
WAGOK AND CAEEIAGE BUILD EB,
76 IClng Street, Honolulu.
Repairing done with care and neat- ;
ness. Also, partlex.lt r attenuoo gtren
', to Blacksmlthlnc and Horse-shoeing,
jeri from the otherlslands promptly executed.
Carriage and Sign Fainting.
TUB USDERSJGXED harinp
procured the serTices of a competent
workman, is now prepared to execute1
s m wuiu. aj uvu (CAhauru aw ritvun -
a'l orders In Iheline of CARRIAGE and SIGN PAINTING.
43- In a Manner to Warrant Satisfaction.
M. B ENFIELD,
30-om 70 KJeg Street, Uonolulu.
R. RYCROIT,
i HOUSE AND SHIP PLUMBER, :
Sing; Street, next to the Seamen's BetseL
IIu on bind, Bath-Tubs, Water-Cloeels, Wasb-Basbs,
Force and lift Pumps, Lead and Qaleanlxed Iron Pip pa,
and Plamber's Brxaa-wocVs. Eeing tha only I"lcuibrrlQ the
city, h. win execute all orders entrusted to hint In a wort
coanirke manner. fim
Photogranhic, Gallery.
HAVING OPENED A PHOTOGRTPHtO
G ALLERT, nearly opposite my former stand, on Fart
Street, I shall be most hippy to see my old ratroui jud
others who wish for arst-class Pictures,. aad abaft try, by at
tention to the tastes of my customers, totmerll toetr patrea
aga. Also, for sals, l'ttoascraphs of calebrated Hsoaagea,
Tiews, Ac Pictures of sdl Kinds taken on the most i-eason-able
terms. 321yj IL L. CHASE.
HOiSrOLULTJ,
FOREIGN NOTICES-
H. W. SEVEEAKCE & CO.,
General Shipping & Commission
MERCHANTS. -
405 Front Street, corner of Clay, San Francisco
The Australian Steam NaTigation Co's
Patent Slip & Engineering "Works,
STDXET, sr. S. IV.
ftpaa. All classes of Engineering Work, Iron
aaaUrfuffiii Fhlr hiiHflinr and sreneral ahios repairs.
execulea cheaply and expeditiously. sr" Vessels of the
largest tonnage can be taken up.
21-ljO FRED. IT. TBOCTOX, Manager.
LEARMONTH, DICKINSON & Co.,
SYDNEY, N. 8. IV.,.
General Commission Agents,
Will attend to the sale of Sandwich Island' Frcdace, and
arrange tor aa ranees on same.
it. W. L. OBEES Honoluln
jura TO... MACFABLASK, BLAIR A Co.. .San Francisco
28 ly
B. a. wiLuaMs, n. r. BLUtcnaan, c a. moig la.
WILLIAMS BLANCHASD & CO..
SHIPPING AND COMMISSION MERCHANTS,
ly7 Ko. 218 California Street, San Francisco. 30
joex M'curi.i, j. c. atizxru
rortland. S.F. CaL
M'CEAKEIT, MEEEILL & CO.,
FORWARDING AND
COMMISSION MERCHANTS,
Portland, Oregon.
HsTiDir been enrared In oar present. lnuilness for onwards
of t welre je&rs, and belog located In a Fire-proof Brick Build-
ding, we are prrparea to receive anaairpoeea Jsiano Maples,
sochaeSoear.Ernirw. Rlce.Pnln. Coffee, etc. to ad ran tare.
Consignments especially solicited for the Oregon Market, to
wMeii iersonai attention wui te paid, ana npon wbicb casn
aarances win te maae wnen rrquireu.
xzrxKzxcxs
Charles W Brooks
.San Francisco
JC Merrill Co..
Fred Iken
Badser a Undenberger.. ,
Jaraes Patrlclca Co
Wm T Coleman Co
Stereo, Baker a Co
Allen a Lewis
LaddaTtlton
Leonard a Green
Portland
" 1-lyC
e. nr. vaiv ki:i;i,
COMMISSIONHERCHAWT
KtnagAvat Japan,
Haring the best facilities throueh an Intimate connection
with the Japanese trade for the past eight years, is prepared
to iranaMi any umuoees entrnsiea to nu care, wiui 01 pa ten,
a- lyn
LANGLEY, CEOWELL & CO.,
WHOLESALE DRUGGISTS,
s: Cor.Battery &Clay SU,SanFrancico. 6m
RIM MEL'S
CHOICE
PATRONIZED BY ALL THE WORLD,
piMMEL'S IHLANG-IHLANG, VANDA, HEN-
JLti na. Jockey Club, rraogipane, and other per
fumes of exquisite fragrance.
lUJVUIttl. S Larendar Water, distilled from Mit-
cbam flowers.
llimmel'e Toilet Vinegar, celebrated for its rueful
and eanitanr properties.
Jtimmors Extract of Lime Juice and Glycerine, the
best preparation for tho hair, especially in warm cli
mates.
Himmere DocoDr' Oil Soap, perfumed with Austra
lian Eucalyptus.
itimmcrfl ulyecrine, lloner, Windsor and other
lotlet coaps.
Uimmel Hole Water, Costume and i loral Crack.
ers, very amusing for balls and parlies.
Jlimmel'j -Violet, Kose-IeaX, Kice, and other Toilet
l'owders.
"5U A liberal allotratiec to shippers.
EUGENE RIM.MEL.
rerfumsr to II K II the Princess of Wales, 08, strand,
128, Regent Street, and 24, Cornlilll, Loo Jon;
17, BouleTard des Itallr ns, Paris, and 76, KingTa
Road Brighton.
OS- Sold by all Terfumery Vendors: S7-ly6
NOTICE IS HEREBY GIVEN,
MAT THE
MARINE RAILROAD
In a(rnln put In AVorUlnR- Order.
This Ifailuay is capable of taking
up Vessels measuring up to ii metres (US ft.
abu) of keel.
Tbo draft of water forward molt not exceed 2 me
tres 30 centimetres (7J ft. abt.), tbe draft aft calcu
lated at tbe maximntu increase of 6 centimetres (2
inches) for each metre of keel.
Tbe charges for taking up a reseel, and staying the
lame upon the Railroad, remain tbe same as fixed
per tariff of 13th Dec, 1851:
Keaaias ea?a, io-
cladlns day of
First dar.
Vessel under 100 tons EOf. $1C 00
Vessel from 101 to 200 t'ns.120 21 00
Vessel from 201 to 300 " ISO 36 00
Vessel from ?01 to 400 240 48 00
And besides for each ton.... 1 20
aaacains.
40f. S 00
CO 12 00
99 18 OQ
120 24 00
25c. 5
42
MAUNAKEA MARKET!
IVo. -1 Hotel Street
ROBERT LETT bees to In
form the Dubllc that be has opened tbei
above market and that be has procured the services of
UPlx'S't Olom IBixtolxor.
lie trusts that by killinc oolr the II EST CATTLE, and
paying erery attention to the business, to merit a share of
the public patronage.
Beef & Fork Sansagei, Bolognas & Blood Padding
made to Uraar.
49" TERMS CHEAP FOR CASU. fil-3mc
TT. "V" OSS,
Ko. fi Merchant Street, opposite the Sailor's Home,
GENERAL UPHOLSTERER,
IX ALL ITS BRAXCHES,
HAS CONSTANTLY ON HAND a variety
of 1IOMK-UADK FURNITURE, which he offers for
sale J.I IBB LOWEST MARKET rXICES, consisting of
Sets of
BEST BLACK WALNUT PARLOR FURNITURE,.
Spring-Back Easy Chairs, Loangre and llattrasses.
Hair and Spring U at trasses, Window Shades and EUp
Corers made to order.
Old Furniture Re-Upholstered,
Repaired and Varnished, with aatiafaction warranted.
sTaT" Call and examine my stock before purchasing tlia-i
where.
S3- Terms Reasonable. All orders from Ship-masters and
the other Islands, will be promptly attended to- Mr
J. NOTT & CO.,
PraotLceil xreazsLGicm.
COPPER fcTI?f SMITUS, make every de
scription of work In tbeirline, used onTlanta
tionf or elsewhere. They elscTkeep on band a fall
assortment of
Sheet Copper, 4 Sheet Tin,
Sheet Lead, Sheet Iron,
Iron "Wira,. Copper Wire,
Soft A Brits Solder, Pail Ears,
" Pressed Backet Corers,
Black and Tinned RireU,
. Copper Rlreti. etc.
Also on hand, a few more of
THOSE Sri-ENDID COOKING STOVES
Jteceired by tbe "Syren,"
"Cotton Plant" and "Oray-JaeSets," together
with a rariety of Japanned Ware", asti uaj article
Bsafol In tbe KHehea. JS- Work on Suildings,
loefe as cutters, epbots, water-ptpee, Ac. Sblp-work
wiil meet with preapt attention at No, 9 Kaabnmana
Street. 13-1 j 5
MmmWSPWKiBWmmmmmmmm
WEDNESDAY, PEBETJAEY 15, 1871.
SUGAR & MOLASSES
1870
iiilo, n,
Sugar and Molasses,
nitOP SOW COMING IN, and for .ale
J in quantities to ruit purchasers, by
1-3m WALKER ALLEN. Agent.
ON0MEA PLAHTATI0K
Sugar and .llolassos Crop 1870
iujtii,u in, rott BALE IN QOANTITrES
1-;m irALKERAALLEN'. Agents
. PEINCEVILLE' PLAyTATION.
Sugnr and SIoIomhcs Crop 1870
pOJUNU IN, FOR SALE JN QUANTITIES
io aui. purchasers, by
1-3t WALKER AALLEN. A gent.
MAKEE PLANTATION.
Weir Crop of Stigrnr Sc Itlolnsseii
VTOW COJIINO IN, AND FOR SALE IN QUAN
XX titles to suit purchasers by
I -3m
C. BREWER t CO., Agents.
WAILUKU PLANTATION.
Tk-TLW CROP NOW C0MIKO IN. FOR SALE
JL! in quantities to suit pirehasers, by
l-3m C. BREWER A CO., Agents,
PACKET LINES.
For Kona and Kau.
93 Tons lleglster, Henry English, blaster,
Will run as a regular packet to Kona and Kau.
il-3m DOWSETT A CO., Agents
For Kohala, Hawaii.
Schr. Active,
3aa
I'. AIEIalalSII, . -. . - . JI.,ter,
Will run as a regular racket to ibe abore ports.
xor ireigut. or passage apply to
l-3m WALKER A ALLEN, Agents.
Regular Packet for Molokai.
Schr. Pauahi,
UAlilalSTEIl, master,
1T111 run a sa regular packet between Honolulu
and Molokai, touching at Kaunakakai and Pukoo.
For freight or passage apply to the Captain on
uuaru or
l-1m H. PRENDERflAST, Agent,
31NTSLT11ANCE NOTICES.
THE NEW ENGLAND MUTUAL
LIFE INSURANCE COMPANY,
OTP BOSTOIT.
OIlCANIZED IN 18a.
Cash Assets, January 1, 1870..
Gross Income for 1800
Dividends for 1869.. .........
....... 3,432,731
2,933,557
786,000
Premiums collected from 1813 to 1SSS 11,093,504
Losses paid from 1S43 to 18G3 3,236,800
READ WHAT OTHERS SAY OF US.
From the "Spectator" of New York Citr we ex
tract as follows : " Tbe New England Mutual stands
forth as a fitting type of what a company should be
in regard tOa-us method of business, beekmg rather to
establish a reputation for stability and soundness,
than to present novel and promising, but untried and
unapproved features in underwriting j condncting all
the company's affairs with tho strictest economy and
adopting only those measures proved by experience to
be tbe wisest, tbo directors of the company bare suc
ceeded in establishing lor it a reputation fur reliability
second to no other similar organisation in the country.
Yet, great as is tho degree of caution manifested in
tho adoption of every new measure, the company is
conducted in a manner fully in unison with tbe pro
gressive spirit of the age. ''As regards its dealings
with policy holders, fetr companies are more liberal
and honest."
The business ofthe New England Mutual Is con
ducted in the most economical and able manner; its
terms are liberal and just; its success bis been uni
form and extended And its jrecf reliability an laftty
tbe natural consequences attendant upon the posses
sion of such features, and which should be the'great
desideratum with an insurance company, are ia no
iNamnce extellta.
For further particulars please call upon
CASTLE COOKE,
49-3mc Agents for the Hawaiian Islands.
IMPERIAL FINE INSURANCE COMPANY
Of London. Instituted 1803.
CASH CAPITAL, 38,000,000 In GOLD.
TUE CNDERSIONED are prepared to Issue policies on
Fire Blabs (with or without the average clause) on
Plantation Buildings and Machinery, Prlrate Dwelhnfs,
Brick, Stone and Wooden Stores, Merchandise, Coals, Lum
ber, Ships in Port, Xc., ou th. most favorable terms.
aCa-All Losses Adjusted and Paid for here.-e
For particulars apply at the office of
. YV ALKEK A ALLEN,
&My VV Agents for tha Hawaiian Islands.
JIEItCIIArXS' MUXUAI.
'MARINE INSUHANCE COMPANY
' Or San Francisco.
THE UNDERSIGNED having teen ap
pointed Agent, fur Uia alxjre Com pan j, are prepared
to Issue Foliciea on Cargoes, Krelgnta and Treas
ure. WALKKlt A ALLEN,
1-Sm ' Agents. Uonolnln.
SAN FItANCISCO
BOARD OE UNDElVWBITEBS.
"'HE UNDERSIGNED having been np
JL pointed Aeents tor the San Irani laco Board of Under
writers, comprising tho
California Insurance Company,
Merchants Slutual Marine Int. Co.,
Pacific Insurance Company,
California Lloyd's, and
Home Mutual Insurance Company.
Beg leave to Inform Masters of Teasels and tha nnblle arena-
rally, that all I oases of Tassels and Cargoes, Insured by either
of the above Companies, against perils of tha aeaa and
other risks, at or near the Sandwich Islands will have to
b vm&ed by them.
II. IIACKFELD A CO.
cai.ifo n:iA.
INSURANCE COMPANY.
jwmiy: undersigned, agents of the
Ja above Company, have been authorized to insure risks
on Cargo, f relsrot and Treasure, by Coasters,
irouvaaODOiuia ao aui puaaa .1 ,ua Hawaiian uroup, ana Vice
versa.
8-1 JO If- HACKsZTD CO.
ITRE.r IBSUBAS.CB COMPANY.
THE UNDERSIGNED having been ap
pointed. Agents of tha above Company, are prepared
to insure risks against Tire, on stone and Brick Build
Intra, and on Merchandise stored therein, uo tha
moat favorable terms. For particular, apply at tbe o&ce o!
o-iye a. suiA&Hia a cc.
Insurance Notice.
THE AGENT FOR THE BRITISH Foi
eicnUarin Imuran re Compaur. fLlmltedl. has ra-
celrrd ' initmctions la reduce the rates pi Inanraaea
between uonolala and Torts In tha racifie, and la now pre.
pared to issue. Pol Ides' -at the Xowesf Sola,' vrltli a special
redaction ou Freight per Steamers.
ijllau,BU jeAVaH,
3-lyT JtiBriL JV. Jfmr.tol. tk. (tjmfbmf)
CALIFOKi-VIA
INSURAJrCE COMPAHT.
THE UNDERSIGNED, AGENTS OF THE
above Company, hav. been aatberileal ta lasiu a riaea
oa Cargo, Freight aijd Trcaanre, trsa Hosreiata
so an parts w tee weria, aaartee versa. .
lMyo - -'1- - H. HACErBLD 1 CO
jjCk THE CLIPPER KETCH
GAZETTE,-7
Supremo Court of the 1 1 n "iral! an
Isinnds-Janunry Terra, 1871.
Allek, C. J., Haetwell akd WiDEMAnrv, J. J.
John T. Davit rt Francit Spenctr.
Trespass for depasturing ten thousand hear! of
sheep on the PlalnlllTa land in tbe Ahnpnaa of WaL
koloa, IsUnd of Hawaii, from September 25tb, 1SW,
to tbe day of commencing; this suit. Complaint
filed Not. 29th, service acknowledged by the Defend
ant's attorney, Dec 2rd, ad damnum $300. Plea Not
Guilty. Jury waived and the canse heard by the
full ConrL The following documentary evidence Is
presented by the Plaintiff, Tlx : Exhibit B3 Deed of
Geo. DaTis and wife conveying Waikoloa to John
Y. Davis for fSOOO, purporting to be written June
17th, 1SCS, acknowledged Jane 30th, and recorded
July-lib, 1SGS.
Exhibit B. (admitted by Defendant) Copy of iort-
Jte Commercial Advertiser Of Oct. 1st, lSTd, containing
tbe following:
"JVMfce. Notice is hereby given that Edward As.
egnt, of Walmca, South Kohala, Island of Hawaii,
will act as our agent nnder power of. attorney in re
gard to all matters, concerning tho Abnpuaa of Wat
koloa. South Kohala, Island of Hawaii.
Geo. D. Hutu,
John Y. Datis.
September 21th, 1S70."
Xotlee. AH persons are hereby forewarned not to
take Cattle; Horse, 'MnIes7"LTobk"cys7'S!ieep,Cloats
and Swine, which arc not branded, or marked ac
cording to law, on tbe Ahopuaa of Waikoloa, South
Kohala, Island of Hawaii, or otherwise commit
trespass on the said Ahupnaa. Any person fonnd
trespassing after this notice on the above named land
will be held responsible according to law.
Geo. and John Y. DAyis.
E. Aseoct, Agent.
September 24th, 1870."
ExJiOMI. W-LGreen'sletlertoPlalnUtr of July
20tb, 1SCS, saying: "1 have consulted Mr. Austin and
Mr. Montgomery about tbe correctness of the form
in which we hare tho lease of Waikoloa from yon
and jour father, and they inform mo that all that Is
required to make everything quite In order now, Is
for yon to reconvcy the land back to your father, rc
citing that the convejanco from your father to yon
was merely a form and not for a bona tide consider
ation. If yon sav so, 1 will send up a properly made
out conveyance for yon to your father, for you to
sign, and when that Is done, I will pay the other
$200."
Exhibit J. Draft of conveyance referred to In Ex
hlblt I.
AMIAif A. Plaintiff's answer to Green, dated July
30th, 1S6S, refusing to sign the conveyance as "my
father does not assent to my doing so."
SzhlbltL. Demand on Green to "pay to Mr. Rob t
Lett, the sum of IC00: due on the leasing of Walko
Ioa, and as per Bill rendered by Capt!' W. Bcrrill,"
dated Sept. 21th, 1870, and signed
' Geo. Datis and Joun Y. Datis,
PerE. Aseout."
Exhibit 31. Notice signed as the preceding, dated
Sept. 2Ub, 1870, Informing Green that "wu have
taken possession and entered Into the land, Abnpuaa
of "Waikoloa, and call the lease made .by us July
null aud void, on account of default of payment on
your side as promised In the said lease, with request
to pay $500 amount due on lease." ,
Exhibit 0. Geo. Davis' letter to Asegut, dated
Sent. 19th. 1870. Instructing him to demand of
Green $500 rent for Waikoloa, and to pnt an end to
the lease, for Green's failure to pay according to its
provisions; the writer saying he wishes to re-enter
for that reaeun.
Hrfitoit I. Plaintiffs demand of $500 of the de-
fendant for this trespass, dated Nov. 7tb, 1870.
The defendant's documentary evidence Is as fol
lows, viz:
Exhibit A. Defendant's letter to Macfarlane, say.
log "I have this day tendered the money to G. Da
Tis, which he at first refused, but when be was led
to understand that It was for rent to Sept. 21, and
not la advance, he accepted It, and I enclose yon bis
receipt. But It tbe lease reads that tbe rent shall bo
paid In advance, there should be a tender of $300.00
without delay, as that money was due to Sept 24tb,
1870."
Exhibit A, 2. Geo. Davis' receipt enclosed In the
preceding.
iMliif II. Plaintiffs agreement that "G. Davis
has authority to make and conclude the leaso made
between him and W. L. Green, and that whatever
may be done by blm Is right that assent of mine
refers to the land of Waikoloa, For the trnth of my
assent to the aforesaid, 1 hereby 'sign my name this
17th day of June, A. D. 1868, at &c
John Y. Datis'
Acknowledged Jnly 18th, 1863; recorded June lltb.
1870.
Exhibit C In native, translated thus: .
"Lease. I the undersigned, do lease to W. L.
Green the laud of Walkaloa, etc, for SO years. The
consideration of my agreeing to this lease, is W. L.
Green's giving me (500 every year from this day, for
the said 30 years, aud his consenting that I keep, all
those years, S00 cattle, fifty horses, 500 sheep; but
this Is for Hucu and his family only.
1, W. 1 urccn, agree llrsi to pay u. u. llueu,
$1,000 rent for two years. .
U. 1IAVI9,
W. L. GitEE.
Kawalhae, March 21, 18C3.
u. rcsA, witness."
This document Is not recorded.
JErAlMi D. Receipt of July 2d, 1808, by George
Davis Hucu and John Y. Davis of $1,000.00 from
Green as rent of Waikoloa "for two years Irom
March 24, 1868, $300 remaining to complete the rent
due for those two years."
Exhibit S. Lease of Waikoloa from Geo, Davis
Uuehu to W. L. Green for 20 years, from March
!4,163, for $600.00 a yearr payable semi-annually In
advance, and providing that In default of payment
thereof, according to said terms, Geo. Davis, his
heirs and assigns, may re-enter and take possession
and put an end to tbe lease," reserving to tbe lessor
the right to pasture of 1,000 head ol cattle, 100
horses, 1,000 sheep. Signed and acknowledged July
2, 1668; recorded July 18, 1868. Opposite tbe sig
natures of tbe parties, tbe. plaintiff writes: "Ap
proved by me, this 2nd of Jnly, A. D. 18C8, John Y.
Davis," and acknowledges tbe same with tbe par
ties. Exhibit F Purports to be An Indenture between
Green and tbe Walmca Grazing and Agricultural
Company, reciting that George Davis bsd leased
Waikoloa to Green for20 years.from March 24, 1868,
in trust for said company, who now request an as
signment of tbe legal estate to them.
Signed by W. L. Green. Recorded September5tb,
1868. f.
Exhibit O. Indenture whereby tbe said company.
by its President, W. L. Green, and Secretary, Tb.
Davies, assign the lease of Waikoloa to the Defend
ant; recorded 8eptr5tb,18SSr-Partof tbe conjidef-
atlon expressed, is tbe defendant agreeing to release
to the Company certain privilege to pasture cattle
on said land.
Exhibit!. Charter of the said Company for ten
years from Jnly, 28tb, 1861.
catott X.la native, translated thus:
" Kawaltuf , S. K., Aug. 20, 1870.
"W. L.GBXE5, Esq., Dear Sir: lata troubled
for money. Therefore, I order yon to pay the rent
on the Waikoloa lease, as per bill enclosed. Into tbe
band of Capt. Borrill, who may receipt therefor'.
" Respectfully, " Gioeoi Datis."
There was evidence that the pJalnUir knew of Mm
flret lease, to Green, ami Ctt jwwaMsd oa fee ynK
Ue. The evWegee MuguS Oreea's MaafBeaverrt
to the ptaWtiif, a4 cWsristy 'ttre afreets of the
Cowpany to wIkws the leaee wis first iiSaf'stW
set atawet t be law of the eat, atvsi ttetefsre neswl'not
be atataeL Thtrt was ere"t MMawMiie.tW
TTrKIsfa aVeve referral to, of the receipt o(.$8M
Teat by George DaTlt, Oet. 3, WW, and of tender
S6.00 PER YEAE.
subsequently made to blm and refused.
W. C JO.XES, TOlt rLAIIiTITT.
1. The first lease it void and conveyed only aa M
late at WUL Tbe only act that gave it even that
rorce was the acceptance of rent and the lessee's oc
cupancy. Our Statute of Frauds, Section 1053, Civil
Code, Is but a modification of the English Statute or
29, Car. II. c 3, and leases In writing not made pur
suant to that Statute conveyed a mere estate atwllL
A tenant nnder a void lease is a tenant at wllL
Taylor's Land, and Ten. SectlonsSS. 00. L Term, S3.
1. Term, 00.
There was no power of attorney to George Davis,
no consideration in the lease to John Davis, and no
satisfaction therein which Is blndlogon blm. Green
testified that be merely asked John to sign tbe lease
because he was la the habit of doing business for his
father. The receipt was evidently signed by, John
for tbe same reason. There is no evidence that be
received any money aa a consideration. DIs receipt
of rent nnder a void lease only created an estate at
will or sufferance. L Term, 83.
II. Tbe fee was in John when the lease was
made, June 17, 1SC3, and bis deed was recorded
before the lease ljosseasionfollows ownership and.
gives a ngni to maintain trespass, laviors una.
and Ten. Sections 80, "785. 1l John?1.' SWT. Ib., 80;
1SL 13 Me., 230. ?N. IL, 167. 8 Johns., 570. 1
Mass., 433.
Plaintiff's right of possession when the defendant
entered continues until reentry and recovery, 4
Cow., 320. 8, Wcud., 553. 0 mil, 323. The plain
tiff always had actual possession. Ills notice by him
self or agent was enough to terminate a tenancy at
sufferance or will, and amounts to reentry.
III. The statute of summary proceedings to re
cover possession was not intended for leases like.
this. 'The landlord may re-enter 'If be can do -so
peaceably. 4 Allen, 113; 14 Mass., 490; 19 Pick.,
82, 575. Tbe acts of tbe plaintiff's agent were suffi
cient to enable him. to maintain trespass .against the
defendant. 1 Pick:, 43 ; 17 Pick., 201. The Plain
tiff conld re-enter on breach of condition. 13
Wend., 535 ; 0 B & C, 513; Taylor's Land, and Ten.,
Sec 492; Wirt vs. Phillips, I Haw., 16.
IV. The lease by its terms was forfeited for non
payment of rent, and the plaintiff was remitted to
possession on declaring the forfeiture and re-entry,
and the defendant became a trespasser from that
time. The plaintiff's acts declaring his Intention
perfected the forfeiture. 1 1111., Real Prop., 369;
Co. Lit., 202a. No place to pay rent is specified.
and It was the lessee's duty to pay on the land, or
ou that Island. The lessors were not required to
hunt up tbe lessee clswberc No further demand
for $200 rent first due was needed, as payment was
expressly refused, unless on certain conditions.
Tbe demands made were sufficient. Tbo nature of
a demand must be governed by the circumstances.
A horizontal rule requiring an Impossibility Is ab
surd. A demand on this wild land, where tho lessee
did not reside, would only be made to tho Idle
wind. There was a waiver of demand by consent.
43 N. IL, 213.
V. A lessee cannot diuharge himulothh obliga
tions. Taylor's Land, and Ten., 317. There Is no
privity between the lessor and sub-lessee lb.,
4 IS. No notice was given to tho lessor of tbe as
signment, aud bo Is not affected by it. Ib., Sections
331, 332, 524. The failure to give duo notice of tbe
assignment of the lease amounts to a waiver of de
mand. VI. GcorgcDavIs' receipt from tbe Grazing Com
pany, Oct. 3d, 1870, alter tbe forfeiture declared and
re entry, does not bind tbe plaintiff, and cannot be
construed as a waiver of forfeiture.
VII. Receipt of rent after forfettnre Is no waiver.
12 Wend., 530 ; 3 Cow., 230; 4 B. & Aid., 401; Co,
L1U,201,C. II; Cowpcr316,4S2, 803; 11 Barb., 33;
Taylor's Laud, and Ten., Sec 493. Waiver Is a ques
tion of Intent. All tbe plaintiff's acts snow he In
tended a forfeiture. 26 Barb., 4L
VIII. There were three cases of forfeiture for non
payment Equity would not relievo where there
was such gross neglect. Eight hundred dollars was
due Sept. 21th, 1870, when a forfeiture was declared,
and was nut paid until after the forfeiture. Three
hundred dollars payable also on tbat day, was not
tendered until after Oct. 3d, 1870.
IX. The testimony is clear on tbe damage.
F. U. HARRIS, TOR DEFENDANT.
I. This action of trespsss does not He, as there'
wss no exclusive possession. 2 Sclwyn's Nisi Pr.,
1323, n.
II. Tbe first lease Is good and valid between the
parties, and Green Is not a trespasser under it.
III. The plaintiff bad notice .of this lease, aud of
tbe possession under It. Tbe lease Is therefore good .
against blm.
IV. It Is clear tbat the deed from George Davis to
John is not bona Jlde, as appears by tbe grantor's
receipts of rent and bis demands tberclor, and ap
pointment of Ascgnt as agent of tbo land, also by
his letters referring to himself as well as John, as
s'ill owner. Such acts of ownership would not
have been permitted or undertaken If the deed had
been understood as a bona fide conveyance
V, It Is claimed that the second leaso was substi
tuted for the first. Green testified tbat It was
intended to carry but In a more formal manner the
first agreement. If tbe second Icsse be void, It can
not be substituted. Tbe second lease is good, be
cause on (he same day with taking the conveyance,
the plaintiff signed a paper assenting to what' had
been or might thereafter be done, and received rent
under the second lease. This Is sufficient memoran
dum In writing within our Statute of Frauds.
VI. The plaintiff's possession was only that which
the lease gave him, under which tbe defendant holds.
VII. George Davis knew the lease was assigned,
for he receipted for rent from tbe Waimea Grazing
Co., (Ex. A.2,) and Green bad so told him.
VIII. This lease has not expired by Its own terms,
nor by acts of tbe parties. Tbe botice to trespassers
proves nothing. Tbo plaintiff mnst follow the
Statute for recovery of land by Summary Proceed
ings. ArL XL, Civil Code.
IX. Forfeitures are not favored In law. 5 Bacon's
Abr., 672. Courts of law and equity Interfere in the
tenant's behalf after the payment of rent. In order
to save a forfeiture. Taylor's Land, and Ten., Sect.
403.
X. Neither a statute nor a common law demand.
was made J4-, Sect. 433.
XL No forfeiture was claimed previous to Sept.
24, 1870, and none can be claimed since, ii the lessee
has at all times been urgent of tender, "Which Is now"
In Court, aod not accepted.
orncioK or tbe court, btizabtwzxl, J.
We flnB i&e (acts to be according Jo the docu
mentary and oral evidence above stated, In which
there is nii'cooflicL Tbe plaintiff took the deed of
tbe land from bis father with full knowledge of tbe
prior lease then lo force Tb'lt appears from tbe
testimony of Green and from tbe evidence tbat be
resided on the laud, and jointly with Green aad hi
father, occupied the prcmhv.i for p4t triage daring
the continuance of the lease, and for several years
previous. Bach' knowledge Is alaso sufficient In
equity to put a person on the Inquiry as to the terra
of tbe occupancy. Cunningham vs. Potter, 69 Mas.,
263. The plaintiff's written adbowlesgaest of M
father's authority concerning the lease, maste on the
same day with tbe deed, It alone cooclusiTtron the
point of knowledge Our statute of registry pro
Tides tbat lease for more than one year shall bet' re
corded, or be "voM at agiiMt aay avhaeqtieni
purchaser in good Mth and for aval as hie acnaldara
lion, not having- actual notice" CHH Coe, Sect
13S2. Nothing In the statute lnraHjte aa aer
aoraVcd haw as tflrinit a mbaeggest parrejwitf witsV
mmtm.' jmm. in nil 1 1 hi HI nrtlni afc
Ktawaa(w(lNa
eaaot ta WrWaar, ataasst, ate., tmm
ocly eatatax at wist, bast wmtj that M
be Itrowrttaae, minMoed " la s
the pttHsrise, eatrftaeC'hf tapr scminit aaa which
tsett actlouthall he hroanht, or sosdw tuyiaaslaia
or Bote tiereof ifctH be la writietg, aawl he f ileal fcy
imtrmtrnt-
1
BOOK AND JOB
PRINTING E STABLIDH3CE JTT.
TUTS OfTTCK IS NOW!
TO EXEOOTE ALL ORDERS-
For Plain arid' Fancy Piiiting,
WIIT'NEA T2fSJSS-& JDISPATCM
T '
the party to be charged therewith, or by tome per sou
thereunto by him lawraHy tarhaiUeaV' Ib., Sect.
1663. The consItroiaHoa Bal st b expressed la
welting, but may be proved by my other legal evi
dence Ib., Sect. 18M. Hx-e a lease within tbeae
statute requlrrmeata It a&Sw. against a purchaser
with notice This conttraea)OB in eqnlty, and finally
In law, was Judicially rriadeta'Xosfleud and America,
even before tbe clause excepting this data of pur
chasers waa enacted. Dole ts. T&nrlow, 13 MeL
164; Thompson va. Blancbard, 3 N. T., 337.
Tbe rights of the assignees of a reversion to brtnt;
an action on the covenants, or to claim a forfeiture
on the brcach'or the'covenanttTir a prior ljVsel
tbe rights of tbe lessor to re-enter sfter assigning the
reversion, may not be clear under oar statutes. Tbo
common law did cot allowa chose In action, aa a
right, of entry, to be assigned. Hence when the
Crown, In tbe time of Henry VIII, granted away the
monasteries, tbe jrraatecs fonnd that they could sae
In tbe name of the grant or for breach of ceres aa
In tbe lease, but that: neither tacj.Bor ihe. ;rton
who bad fatted with tbe-tttala could re-enter aad
defeat the leases for breuh' 6f coaetttloei. 7t waa
only by SUtutt32H. VIII; cj M. that grantee u
rarvaJaBa..ol4ats(d the prtvlor4gtett of
held by the grantors. It U unnecessary avow to jnf
sue tui. Ha,wt.. r..ik.. r- Rwer rK'The,t
the July Term, 1539, It wta, however, settled that,
our statute remedy to recover poasestlon of land Is
cumulative to tbe previous remedy by ejectment.
But tbe plaintiff claims tbat If the first lease was
good as against himself, the second Is not, anil that
tbe substitution of the second leaso works a sur
render of tbe first, and lurtner, tbat bit consent.
Indorsed on the second lease, being wltbont consid
eration, had no other" cflect thad'to rnake the lessee
his tenant at will or sufferance This view It no
sound for several reasons. A prior lease may t re
garded as surrendered In law npon the mutual execu
tion ot a second, but this Is only by reason of tbe
Intention of the parties themselves. It l abftird to
suppose tbey Intended to tSbstltnte a voIVJa
valid lease Schafflln va. Carpenter, l!fMt74JS),.
Flagg rs. Dow, 99 Mass., 91; Vas HWMlllm wtl
Pennlmau, 6 Wend., 569; SprlngtUln J. BtahumiF. ,
horn, 13 John., 357. " Where partita rtr lt'a
contract which would have the effect of rueHdli'i);
a previous One, but n bleb can not operate aeeVrdisp
to tbelr Intentions, the new contract shall trot operate
to affect the previously existing rights." Noble vr.
Ward, 2 Eug. Excb., (1SS7.) 137. Moreover, the evi
dence shows a legal agreement between tho plaintiff
and lessee, on full consideration, tbat the latter
should hold under the terms of tbe substituted lease
If we admit that no other consideration, inch as tbe
plaintiff's acknowledgment of bis father's power
to lease, can be shown for tbe deed than that wbicb
Is expressed In tbe deed, or If shown that it conld
not affect the subsequent tease, It is a ralr Inference, .
and one tbat we can not avoid, tbat tbe plaintiff's
assent to tbe second leaso was given on consideration
ot tbe advantages be would receive tram Its terms,
which would give blm rights of resldeuco and pas
turage not secured by tbe first lease, and of tbo
receipt, jointly. with, his father, of $1,000, aa rent
nnder the tccondjjease, given and accepted on tbe
day(!t,was cxecwed. This was a legal contract.
which1 blndtiieullfr to allow the lessee to hold
under tbe second lease, bat It gives blm no rlgbtt at
a lessor, and In no' aspect of the esse, doca It make
tbe lessee a tenant at will or sufferance
Assuming tbat the grantor of the reversion could.
by our law, take such step at would defeat this -'
lease for breach of condition to pay rent, to tbat the '
plaintiff would be entitled to treat tbn lessee and
those holding under him as trespassers, let as la
quire, (1,) whether there was a breach of condition,
and (3,) whether legal step were thereupon takes
to work a forfeiture Kent due and payable la ad
vance Sept. 24, 1869, and again March 24, 1870, was
not then paid, but no demand therefor was made
until tho lessor's letter oi Aug. SO, 1870, delivered
to Green by Berrlll previous to SepL 21, then follow
ing, by his letter or Sept. 19, 1870, and by hit agent
Ascgal't letter of Sept. 24, presented to Green by
Lett, Oct. L The tecond letter of the plain til refers
to tbo previous bill sent by Berrlll, hence do demand
was made for the advance rent of Srspt. 24 until Oct,
1, when demand was made by an agent of whose
appointment tbe lessee bad received no notice from
the lessor personally. Tbe demands of Aug. 20 and
Sept. 19 were certain,! not made as tho law require.
which Insist that tbe demand be made at tome time
before sunset on the day the rent Is. payable Chap
man ts. Uarney, 100 Mass., 353.
Besides, these demands were satisfied by ther les
sor's unconditional acceptance, Oct. S, of the rent
accrued to Sept. 24, which mast be held to bo a
waiver of forfeiture previously claimed. Stayveaant
vs. Davis, S Paige, 427. There would be difficulty la
holding tbe demand of Oct, 1, by letter of Asegut
of Sept. 24, as legal, In point of time, predsoo, or
due notice of Asegut's appointment; out If we ad
mit that this demand, nnder all tbe other clresat.
stances of tbe case; was sufficient, or tbat tbo testa'
previous refussl to pay oa the ground thejt be had
assigned the tease, dispensed with the necessity of
farther demand, there Is no ground on which a no
tice to quit, or, some acts from which such: notice
can clearly bs Inferred, can be dispensed with. Th
state held nnder a lease for years with provisions
for re-entry and forfettnre ori breach ol covenant to
pay rent, Is a conditional limitation, which 1 cUfcu-
ible at tbe lessor' option, and ls'Sot aaT estate de
terminable ipK facto, on such brraj Fifty Asso
ciates vs. Howland, 11 Met. 9tfAt.rT-Gea'L vs.
Merrimack M'f Co., 14 Gray, SSL -Seen an estate Is
forfeited only pa tbe landlord glrlot; the tenant elear
notice that he intends to claim tbe forfeiture, and at
what time tbe tenant must quit, or become a tres
passer. Brewer vs. Chase, uW mpraf Coke's Lit.,
18; Sperry vs. Spcrry, 8 N. IL. 431; Wlllard tt.
Henry, 2 N. IL, 123; Stone ts. Eub 9 Cash., 99i
Arasby vs. Woodward, 0 B. fc C 523; Oakes ts.
Mnnroe, 6 Cusk, 237; Sanford Ta. llarrey, 11 Ciaaet,
05 ; Elliot vs. Stone, 13 Cusb., 170; Carrier vs. Bttfce,
Gray, 224; Steward vs. Hsrdtrjg, Ib., 333; Learltt
vs. Leavitt, 47 N. IL, 341; Mizner vs. jscnroew
Gray, 292; Beach vs Nlxoo, 9 N. Y.,35; Jicksao ve
Salmon, 4 Wend., 327; Jackson n. Wlltey, 9 Johns.,
267. "It Is clear tbat tbe notlca- mnst bo-sneh aa
tbe tenant may act npon wltlyfato, that It, on;
which lain fact,' and Which the tenasrl ha reaaoa ta
believe, binding- oa the landlord.! Jonea ve
Phlpps, 3 Q. B., (198,) 57X Would the lessee
safely have acted on any notice from Asegut?
It mast be observed also that there wit a joint
occupation by the parties, to that there could be
no actual entry by the lessor short of TlctlOjE
tbe lessee " When the party who is to perform tha
condition, and tbe party for whom It Is to be per
formed, are jointly lb potaeuion. It la said hat the
latter mnst make dalm for a breach by acta atkl
word, or either sa:h tt will dttttactly sdstoatth
tbe graoter that posaeajlon wEl hatajKaiaesl Uf tha
bTeaeb aod not waive.." 1 tWtmin Btwtl IV., SsJT,
aod tec Bblliaa Tt- .Klley, 44 S. H-, Jajjt, Wta tha
notice aealstt tretvaaters potted Ia asMtc aiaeee
near tbe residence of the lessee's agent or attigsaev
and published la the newspaper, Natfekat to Mltry
tl feeaee and Ihose bcMlag aavaW hla. that a ft
fVKBrswa claimed? Clearly set. This ataawJ
wamlog against tmsm was semeS OS bo .seraaa ;
it was such a notice m either oceayaat might fira
daring the tesascy vHheat lattasHsK the; 0r.
Notice that a farfotisM la etolmsasVyalwha hsmtaht
heme to. tha leae, av we taatot: K tewaM aiso
allow bias a reasons bk tiaoe to waereMat uitaiity
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