Newspaper Page Text
!Bpary daesday Morning-, i
AT SIX TiLI.ARS PER AXXT-v. i
BOOK AiffD JOB
n , r .
THIS 0 STICK 18 XOrTJRCTARKD
TO EXElT'FAfil ORDERS
For Plain and F&nrintin
WITH XJ&lTiYESS c DISPATCH
. hn4Wn, f. "w0 t SIO.PO- I
StrvM, IB tW old ,
HmUi, IL 1 !
V 3!- ltfiB, u th tTtr-
Vol. Yii-m r.k
HONOLULU, .YED1ESDAY, MAKCH 1, JS71.
Br SIXES? NOTICES:
CASSIsE & COOSE,
0hti1 2Ifir hinder.
rJai. ivlla civ
VAU;iIE .V AI.I.ICV.
a4 0ab5(Hi .Icrrlunti,
i tmr eft. Xfemte luAH. lise
V. mIHKCIl A; CO.,
E P. ADAMS,
. 3t5IlIV. I).
Ka3JlIIlXUV V IJKOIVA, j
.1. 1'. Jill I).
THS. . TlIUQi'S
I'KA KICIIAKI30. i
IX SNE. SSBS
JIl'.- II. IATV.
f I ill' i raf
rfclHktftMM Its at, MtfMa
WjIIIIAJI A: CO..
H. H.VCICII1IA A: CO..
rx&xx cxrisix Asrxrs-
SwtaJa. B t Ij
ji i i
w, s l .
THillOn. C. IIBI"CI,
1". .V. .CUAISFEK A; CO
M. B ..... iav I J
.aaaaao. j. a ataj
I.KW IJK A; IJICKJiO,
IT - aifc '''""" r
JWD X. A V AXISII HO US B.
JQ3B IW'T XX SEXZZJ
IaOL.G.VA A: JOIISOA.
C U. WIIU.IA3IS,
L. U TOBBBirr,
IX B33s3: AX A-HI SrXD Or
A53 HI? CHAS3IZH,
afctitjitaef i rillt rtti
mt mm fc-ar- atea la. mMWaat- j
'" " 1 ii' aBi-arja; a. mm W raiirta f
t a th fa,
as "a. oa ta Ha i it. mm il I .
mh( OliulartiE Literary.
onam raii n aa4 rat 11 ilT mmM
a- c Knn'i;.n. ?i. i.. j
. nnv . k . ,nivrv lift 1 II T"l nf 1
: Km r-i aji i la, n il la iyr
i,. aaama a, , ataarjataa.
mine. II. DATIBss
BMBK AM mOEXBeUS X72ZAXr.
HOI.LKS .V CO.,
Eiip ""Hxdlm aaa Csitsea ge-t.i-.s.
Ion- til I Mi P. ij.it ta tliwtl lliiitnti i. Caooa jM,
-- I alitor h.Kia-.itilil, iiitiiar.1, and Kilula
Varaa. r lr
Teacitr ea- Tixzo Ttnt xi Siixic.
M, wt u sir. x. iwb'. simkui mm. -.
, la Oa, irteaM H- Ik
Il' 1VIIIT11 "
-TV- aad wg proTa. atali W
.Cni5 Tril-p; SA31e aad Hsrtet ttg.
tsi Stfixzis is ill ia Hnati
oMWtf M, at
lodcrmlr Prim. GlTr Hint a Trial.
HONOLULU IEON "WORKS CO.
Si, STKAJI IISCIXK, Ssr "Mills
7- f . Holler., lm.lnMtMLiMOMu
Machlnory of Every Description,
)Mr to Oriir Cl
prf pa t8 slip's Hfai.jdc.
J. S. UlCKSOX,
House, Ship and Sign Painter,
o. 92 King Street,
p.lj KIMS IMMN 1 V
eek. 0r. Ft 6c ZtUl SXzttto.
( CIIALL.UIBL V CO..
I IXJXEiS AXD DEALE2S IS "V5TSXS;
A. J. CL.BG1IOISA.
VEteESAIS A52 EZTATL DULLES IX
linn. txrarr tt 4hm urf fl item SovrU.
4 a4 H $treb
a. a. r. cum
C, UltmVKII .t CO..
iio.oL,ri.r, a. i.
ACX&VT Or tlx Swim ajut llSAallilo Paflut
JLORVT-Far tile Jlakrc, WlJluLi aixl liana
amiT-Rir tat PanhutiMt Me of liUad
11. r. iniuiius .v co.
st-.tt?-" ix ss.t seass axb gxxeeal !
a)kia.ilrHIFimU. -lf i
tpl ir ta. TlnMlamt raaic -
C. S. HAI1TOW.
AU CTIO N EE R,
31. S. GKUBA11I A: CO.,
ISPtESS AS3 "VTEftUSArE DSALE2S I
.YTT5,.. -r . ,
.tJl'OAG A: ACUICK.
Innnri TTHrtrnTr i 2UU BIrf U '
III! I wn, in -f .
lrem Jjrr I ih, ,
jaiqaaw la tat a I f w gr a jgw.
ulalMaci SHl. .
b. e. EticHcees,
g gar. Bawaa. PX
31. X. VOXtWJ.
CASXET "'V ASO U?ELS7XHZE
CII I- IIOOA.
r Cfcja.il Mrf Ig ;.
in rteacataaa. Ttn-maT '
J A? HIS I LEiHS,
COOPER AND GAUGER,
At At Mi Sari, rtr 55? aii rcu.
ATaralaat. 2lh. aunw artarhW
ha Mr nam law I
J II- TII(3IPSO.
F. H. A: G. SBGBLIiECV.
. ITS. znrc ASD COPPER shtths, and
' 5e3 &, Umc Yr-Ti-t aii Q-ff-
Ira 13. maa aa Ho. anaflijaifcaaa. laaat i wb a tarpnj IM "
l-.iiii In ' -Tift- r-"- "'rrf.l i- tlr ITifrfrt- Watt Itatiaisri.
n o.ca. aai f j"?"' aJh-Ta, ,
tart, aaaet sOhrvar efrrrr; -m
hnruiiaaXMprnteita-Trt Ol hill the
i a. rancafir a'ti aai I b.
u ta rtniaai jf Bataaaa aaa h Iili aai
tiaiial, fcr tan bm. jili nut la rh. pate. a. htfirW
aar hiiaraZ aacraa ta I
a, I m i m il w aaertt EA,
-AC-aX AXD Ci.?.T,'.gZ 3olX3E2,
7 Klat Stmt, Ilanaialau
iaavf wtft ctnast aaa&-
Carriage and Sign Painting.
i-ri.lnii ia aa j ijii i t. i irrfi
aa araer. at ta. aa. if C ISTIlCt aat SMI PABTISgL
1 tXiir is 1TiznI Siiifiir. -
Dae an BoBaals.
XTAVTSC OPEJT.D A PHOTOCETPnlC
ITTTaT. aey iW.,Heny bar itasl aa Fart
I eaaai aaatc aasaa- ta w-e ztj aac taxrtea aaa
act aja aar ii m i ami rarrs-ea, axaiieax try. trj u
laaaaaa a aa. SMtai a? raaam ta ant lar;aST9-
aa. ah ar all, rarcajh taiatralrt lsrKsap
atraa,ac Kcnrra f la aataa ttln a the Deal twn
JL Ara. r-v-ertd W, kaloa. raid f abasia.
lM mtgmset. .stf .XX. rCXAZB. k.
M 1 1 aa
H. W. SEYESAXCE & CO.,
General Shipping & Commission
40STrt SOmu r-erer cl CUy, Sia Fra-idtco
LEARMONTH. DICKINSON & Co.
SIDSEY, X. S. IV.,
i General Commission Arents.
j TCm Ulu4 u the nit of faad-ri-h ldaad IWaca, uj
; wup tor wum cat sa-aw.
: Krm f W. L GRKEX Uoo-Jal-l
k. a. imTTiT X- r- MjLxaLua. c a. nuu.
WILLIAMS, BLAKCHABD & CO..
ISHtPPIXG AXD COStXISSIOX XZBCHA5T5,
i - 1
j rwiUai. s. T. CL
i irCEAEEK, 1TESRILL & CO.,
! rOBWAEB n 0 AST)
! Himctmt&rullantr trmst WuiM fx vrvshU
J C Morffi O,
Tiftf i Uli.tvr 1
ju rartrt Cb.
A Dm k UK Mv.
15. 31. vaa iii:i:i.
Hariac ta W.t fcaktM tanack aa iatiauU ecaaKtka
, tctiuwfui VoteiMtretiUaif cart. i!a diptfk.
i IT lr
LANGLET, CKOWELL & CO.,
; Ccr. Eattery & Cly Stt, SasfnT-.ri wo.
PATRONIZED BY ALL THE WORLD.
"piMMBL c IHI.iXG-IHLAXe. VAXDA, HEX-
IX . JkT Cisb, Fnapaaac, aad ttr fr-
KlilXEl j Ls tuu Wiur, JitUlUJ float il.t-
KaaiTi T. uKVastxar, ctMbntti fr itl mtttul
akmrgikut ruwM it Gifiiw.u
V&tapuMlM Jtr Ik- Wr, crAWr in a-lra
w yaauarj atapcttate.
Baa Eaaalrates. .
Kiaa1 8tmc, Ht. Wia4r a&! 4ar
i Se Water. Oksm aad PVn! Cnii-
tn, xex una; far baw aaa aaniM.
KwhI'i TnM, BaM-Icaf. Sac, aad aihtr T3t
A EWnl alkaaaae ta hifpi ?.
Trrtmmer to H K H ta nwa f Wale. Sv Stria.
IS. fctcrat ilmt, aaa St. CkraadL Iaaaaa:
IT. laarmi 4m ItaKrac, PKit, aaa TC Kia'i
X5- 5vil T aB rrrratf7 Tnixl. S-lf
Ao. 4 Hotel Street.
ROBERT LETT rcir to In-'
' afeawr aarkK f tki ha, ft-.v .-f i "a- trt r, f
i m5t tJ-ass lienor.
He t,, It to.tr t! BEST CATTLE, aaa
aanu - im-r uram to tfe lasiaaK. to aurtt a Am mt
Sfcf it ?ck Sjiirtj, Eas t Sleai P-iiiz
3-TEJUti CHEAP rK CAS H.
Sa. XMmtet stmt, aoiB ta. Sds't Bfcs,)
.r All ITS SBJLXCHES,
TTA5 COSSTAJCT1.T OX IIAXD a Tmrletr
Jla. MMtE-XAPZ ITESmrnE. warn k Mm tar
nl. jr THE LOWEST ItJEKLT rSICRit, wmrg M
32JX BLATZ WALXTJT PA2L0B ITJHSlIbHX,
Spia - ark IJ Chain. Lnagn aa aMnan.
Baar aaa 2f"ac jtattrMMj, nmmrw sfcua &3a smf-
iOItl rurntlnrc He-Upholstered,
Brfimrta aaa Taraahs, aith nrafirti nmalcc.
f aaCaBaaa ixuaia aj ttaci Mn janhaax; w
i ag-Tcra tiiiwillr AD arte tnm Alfsxtim izd
I MflTT . riO
- " w w
COPPER i TLX SMITHS, ae ertrj it
fcriatiaa af v)r ta titer Bar. sei aa Pbsta-
ti.ai ar ihfwbrT Tbrr aita kca as a faH
iiii tiaa af
Sitet Caiarr, SLiet Tk.
Stmt La4, 51 Rt Itn,
Ins Wfet, 0ff r Wirt.
Sft A Brua SaWtr, Pi3 Bin.
Preucd Basket Cartn,
BUci axi Ttastd BiieU.
Alaa as isAr a frv zsare cf
THOSE SPI.ESDID COOKIXG STOVES
Stcctrf! Vx the "Sjrtti
Cvttss Fbst" aa " Snj iukttt," ta?keT
ar vf ntten, iltb, ater-at. Ac. Shxp-a-aii:
wii! Ke varii anatat atustiae at X. ) Kueiant
in i.i.i -Ui ncGiiEs,
Comer ef Hotel ami Fort ztreeta.
THE CHOICEST AXD BBT OF ALES. WTXES
xi SferiU i!--ti ta be IsasA at th Bar. H-lj
Gnick Sales and Srnall Profits;,
gt - a
RYAN'S RAILROAD STORE 1
Crzcr Xzxasa asj Js44 Strtctt. tt
TO LET, at Jfr.T. Tbrom'i,
Sc. Si Eisj Stmt. (J- ijt
Hawaiian Mess Beef.
PACKED ob the Iilasd of Kauai, Sj an
txftritsxi Er. ari wxmsUi u pi
mxsj Stef fitij ti-M Miiit. rrr li e kj
EOLLES A CO.
- Am&rrOail 0661.
, " " ' . - '
A JiEKICUX Xett Pork la bott. xa In
1 XAe bj
EOIXES A CO.
SUGAR & MOLASSES
' 1UL, II. I.
Sugnr and Molasses,
CROP .NOW COMING IX, and for sale
la qnaatilleS to jail pareU'erf, br
1-3p WALKER 1 ALLEN'. ArmiU.
Sajrhraad 3IoInMC Crop IS7I
COMIXQ IK. FOR SALE IX QCAXTITIES
to talt portiiJfrs, br
l-ia WALKER A ALLKX. AptaU.
Sunr anil 3IoIne. Crop IS71
COJilXQ IX. F0K SALE IX QDAXTITIES
ta alt parchxserf . br
la WA LKER A ALiKX. A geati.
rVer Crop of Sujrnr A: Jloltisjir.i
vrow comixo nr. axd for sale ix quax-
1 titiei in uit parchAJers bj
1-b C. BREWER i CO.. Asrntf.
CTEW CROP X0W COMIXO IX. FOR SALE
L in qiaatitiet to !t porthuen, Vj
l-3ta C. BREWFR A CO., Aetata.
For Kona and Kau.
Ii TJaNT.11 IL O ,
93 Tom lltgltter, Henry EnglUh, JIaiter,
Will rsa at a rralar paetct to Kusa aad Kaa.
51-jbi D0W5KTT A CO.. AgeaU.
For Kohaia, Hawaii.
Will ran at a rtgclar packet to tlie a bore porti.
For freight er pxtJice iff -It ta
1-im WALKER A ALLEX. AgtaU.
Regular Packet for Molokai.
a. Schr. Fauahi,
Will ran u a regular picket letweea Honolulu
ad Moltfkii. tottckto- st KanniVttai itnl Pnkoo.
Far frriht er ptsstge -PlJj the Ciptaia en
l-a H. rKEXDERGAST. Aptat.
THE HEV ENGLAND MUTUAL
LIFE INSURANCE COMPANY,
OUliA.MIEU IX 1S13.
Cajb Ast5, JiEniry 1, 1;70
6rass Iscase fir ISM
DirUeadt fir 1S..H...
Preaaioau aaltoctrd frta ISIS ta l!5 5Il.WJ.io)
I!55j paid frost 1: ta lift?. 3.23MM
READ WHAT OTHERS SAY OP 'US.
From tke"SUUr" orXew York Citj we ex
tract u follows : The Xev BagUsd Matoil Uadi
forth at a Stxiaj tya of .kit a eotapesy ibontd be
is rt-rird to its mittol ef harisets. Seeking rather ta
utiMiih a reautxtwa for staMlitj and roaadaoM,
than to are. eat botcI a ail pramtfta. bat satritd arl
Baaaaroved featnref itt aaderariti ; eoadactis; all
ta eooiaaaj'f aSairt a-ith the triett eeoeoiaj and
adopfiB-r ottly tfcsoc nteanres proved Vjeiperieoeo to
i the wifett, the dtreetors of the eoetaaBT hxvt fec
ccodod in eetalrlafhu g for it a refKtUi.n for rtKibOitjr
zeeotid to xto &thor nariUr oraaixatioa is tbeeoojatrj.
Tet. rreat u H the dee of eistioa raiaifested in
tfee -iortjo-: of ererj cr Btearnre, the eastr-asy is
eosdojetea ta a am-teer fally ia cctton arhb tie pro
giotstTe saint of tbe a-e. At regards its doxUagf
witk poBej- soWeri, few eor-piDiei are more Gberil
a ad hoaeet.''
The bosiaetf of the Xrar Eariaed Mataal is eoc
doeted in the toott itoaooiiejl and able taisaer; its
tcnis are liberal aad ost ; its noettt bit been -foi-fars
aad eitesdedasdKt ytf rttr etc Hlitj a . ' Vfar
the itanl ecaseqaetrres attendant npon the poeses
jiaa of faec fettered, and aba-s sboaH be tbe rreat
deoidenAaa with ta intsnriee eo-apanr, ore ta no
For farli-cr particular, pleaH tail cpon
CASTLE A COOKE,
4A3awe Arenti f r the HiiiitiB IrlaaJt.
LUPERUL FIRE .LVSURAACE COjIPAM
Of Loadc- Izstitated 1803.
CASn CAPITAL, 3S, 000,000 Ira GOLD.
TBE l7SDrE5IGM2) are arrpartd to lose poeirfe, on
rare ESak, ' wttfc er . ilhtm tho armrc etsa.) ca
Haataiirs BsOatars aai JLKfcfe&ry. Prirat. VwtHagt,
raek. fiaac aad Woodcs Siora,, erekAadw, CcoXa, Lcza
ber. fhaso ia (wet. Ail, oa tho oat CmnU, tern
-All Lcii-j Asjsuted ai Paid far h tie. "SI
For suileaiarT irrej at the aetea af
WALKE2 A ALLEX,
e-Iy Ar-wtl I l. lli-n&m Idaada.
.;2ABSE I5SUEASCE C0MPA5Y
' Or San Praractaeo.
THE CXDEHSICtED bawln- teen mp
VrM Aata f-c the abvr. O-c-pmy. are teejmVi
10 iaaoc Ntriea on Carcoei. Prelr;rita aad Treaa
tare. TTALEU: A ALLE5.
ram tmU. naaoltla.
BOABD OF UHDEliWBITEBS.
aIIE TJXDERSICXED harlnp been ap.
. lafaled Acwtalartto tan r-ariaieaiVarfcfrad-r-wlltert,
Callfornla Intnrancc Companr,
Ilerrhinti' Jlntnal Marine Ina. C'o.,
Paelflc Ininranee Companr-,
California LIojcl-,, and
Home JXnttaal loinrante Company.
eVcaclTetotaiiiai MaoUf as Vtel4 1&4 Ire tac ;ei
nJer. tAit illiinii Tw-tsi Ciff,, LsrrrJ tj either
at she aHn. Claiaf n inaTaa I, araawt lrih af tLe a la-l
other fi-kt, at or atxr tie rsaada'-h Ittsadi wJ5 tare to
te- ertl Vf t&M.
1-aia H n ACErrLP 1 CO.
THE C5DECSIC.VED, ACEXTS of the
arcGar-a-7. bale hn ntbarized to brat rials
as Cargo. Prelt-ttt aad Treasure, tyCoaatera,
ofooa aaaaalata ta is acrta cf the Uavaiiaa Graos, saS Tic.
'Tl,t a HACKnXD A. CO.
rras issubasce compasy.
THE CTDEnSICVKD bartngr Ixea ap
;atafJ Atests She i. OMStaor, are rerfarcd
UTaszrerkki atxaaat nrevoa Stoeaa4 Brlek Sanding-,
sad oa Serehxndlte naraC tWreia, ae the
mmx. xaronH Una. Tt tartA-sri aevj at the tSee i4
i-it r a. Kaxatx. a cc.
THE ACEXT POM. THE BRITISH Var
eira Xanao Lusraae Cscw;, Xix-1t.t7C las rt
reried sorsariau to ndam rut ct Iss-nser
Uetara TTomrlT tad Pitt ta ft, ar!&, aad tssn-rpra
aa-adt-ij-w PaeTkril at the -rf IUUl, aith ar-ax!
rriacti-art Frr-ftit teTfirr,.
, Tnra a. batith.
U-IrT q fat era. rr. Mtr.hu Or. ttlmttttj
THE CSDERSKXED, A11Y.YT 8P THE
ahmCar-aia7. t lrm mXoriut tolarsr. rfchi
a Carta, Prelt;lit aad Trtaattrr, froa Bmhdm
tfaSirr-a ef tho rcrH, tatrfea.erat.
-lit It ZU.Cl.rZXD k CO
Nuprcmc Court of tho IIii-iTnlliirt
lalnada, Jnnunrr Xenu, 1S71
AU.K.V C. lURTttKTA, J., mDEMAXX i.
IV. II. IXtci's r. CJtirfes Bneietr.
Ejectment to recover possession of land in
Honolulu held by the defendant nndcr Royal Pa
tent ol Sept. 7, 1S57, and claimed by the plaintiff
under Land Award issued to him Xov. C. 1S52.
Tho juJgo ruled at the trial that lio should intru:t
me iry mat tne defendant on,this evidence was
entitled to a verdict, on tho ground that a tillo
by Royal Patent was paramount to that of an
award, to which ruling the plaintiff excepted, and
his exception being allowed, tho case vras with
drawn from the jury, with tho agreement that if
this inling should bo affirmed bv tho full Court,
judgment should be entered for the defendant',
otherwise that there should bo a new trial.
II. Thompson and V. Jones for Plaintiff.
A. F. Judd for Defendant.
orixiox or thr cockt, bt uaktwfll j.
Section 43 of the Civil Coda which provides
that "a Royal Patent shall issuo to any holder of
an award from the Board of Commissioners," was
not in force at the date of this Patent, but the
following: "The Minister of the Interior shall
issue Patents or leases to the claimants of land
pursuant to tho terms in which the said Board
shall have confirmed their respective claims, upon
being paid the fees, Ac, unless the party entitled
to a lease shall prefer to compound with tho
Minister, as in the succeeding section allowed."
Sec ix, p. 109. Vol. I, Statute Latrs. "Tho
Minister of the Interior shall have power in con
currence with tho Privy Council under the sanction
of His Majesty, to issne to any lessee or tenant
for life of lands so confirmed, being an Hawaiian
subject, a patent in fee simple for the same upon
payment of a commutation to be agreed upon by
His Majesty in Privy Council." lb : Sec X.
The award by its term3 conveys to W. II.
Davis " an estate less than allodial which he can
chante according to law to an allodial title if ho
chooses, but if not, he has an estate for 30 years."
Section IX abovo cited gave the Minister of the
Interior no authority to issue on this award a
Royal Patent, in fee simple, but this he could on
ly do in concurrence with the King and Council
on commutation of the price fixed upon, accord
ing to tlie provisions of Section X. The fee sim
ple patent in that case issued, at the discre
tion of the officers named, " to the party entitled
to a Ise." This was no mere ministerial duty,
and does not make, it incumbent on tho Minister
to compound only with tho original LolJer of the
lease under the award of the Commissioners.
Xeither does the Statute preclude all claims by
an assignee, heir or devisee of tho original holder.
It is well known that patents were so issued un
der this statute, to persons presenting the origi
nal award with a lesrs! conveyance thereof. It
has been held in the United States that a land
patent may be issued to the heirs of the person
who held the certiBeate entitling htm to tbe land.
Shanks V3- Lncas, 4 lllackf., 476 ; Forsyth vs.
BaHauee, 6 McL., 562 ; 2 Wash, Real Prop.,
542. This would require evidence that the ckim
ant was tbe person named in the award, or that
lie was holding nnder that person, succeeding to
tbe right of the first holder. To rule that every
Royal Patent issued to any person other than tbe
one named in tbe award isjj una facit void as
against 3u:b award would"upset land titles and
make strange confusion. The presumption on
tbe contrary is, that the Patent wa3 isiued 'ja the
legal bolder of, or to the one legally entitled to
the award. The words of Lord Coke apply, that
royal grants slnH " have no strict or narrow inter
pretation for the overthrowing of them," but " a
Kberabfe and favorable conslraction of them for
tbe mating of them available in law, usque ad
pleaiiwJan for the honor of tbe Eing." 2 Inst.,
49. " And so note," says tbe same author, " tbe
gravity of the ancient sages of the law to con
st rae the King "s grant beneficially for his honor
and the relief of the subject, and not to make
any strict or literal construction in subversion of
EBth righL" Molyn's Case, 6 Rep., 6. Sov
ereign grants are said by Mr. Justice Story to be
construed against the grantee only in cases of
mere douatioo, and not when there was "a Valua
ble consideration, which doe3 not appearas. re
quisite to the award. It is not denied that a
Patent conveys oalj a legal title, and leaves the
equities opes. Brush vs. Ware, 15 PeL, 93.
But we merely decide that a Patent valid on iU
face is good in law as the best evidence of title,
and that the equities can only be reached in a
Coo.-t of Equity, and not by an action of eject
ment. Otherwise, a Royal Patent " would fail
to be 3jit was intended it should be, an instru
ment cfi'iqaiet and security to iU possessor,"
Beard vs. Federy, 3 Wallace, 492.
The authorities cited in the brief of the de
fendant o counsel are conclusive, that a Pa
tent n$f void on its face, or appearing to be
issued contrary to law, or without authority, can
tut be impeached collaterally in a Court of law,
and that in order to set aside a Patent for mis
take, fraud, or other reason, application' resit be
cede to a Court of Equity. Green ri. Liter, 8
Cr., 250; Stoddard rs. Chambers, 2 How., 318;
Stringer ti. Young's Lessee, 3 PeL, 344 ; Minter
vs. CrtKueiia, 18 IIow.,87; Bagnefl vs. Broderick,
13 PeL, 436; Fenn ro. Holrnan, 21 How, 481
Field Ti. Seabury, 19 How.
Lirit-r-rston, 3 Barb., 253.
"VT Pinl -. 1
Since the foregoing opinion was prepared, the
phiBtcfTf brief baa been submitted and examin
ed, which cites the foflowfng extract from the
Act of July 30. 1S54, page 415 of tbe Civil
Code: "Section 3. Any aaard of the Land
Corsmission not appealed from within nicety
uaji alur its date ta accordance with tbe present
laws shall be final and binding on all parties, and '
sh-nl be a good asd sufficient title to tbe person .
receiving tzch award, lis heirs and assigns, and j
ibaH famish as good and sufficient a ground upon i
which to s-ainUia an action for trespass, eject-!
cent, or other real action, against any person or t
persons whatsoever, as if the dainant, ha fceira )
or iuigcn rremetJ a Koyal Patent for the j
sar3: prorxJed that cottin-r in this Section
shall be constrced as aicallmg the Government
right to cocssotatioo ta any freehold award as at
present established by Lit." The plaintiff's ar-rtf-ssent
is based oa tbe auaraptioa- that..only tke
cri-risal bolder of aa ss-anl cosld metre the
patest, aad ie doe not bbterre that this award
girex, cot a patent in fee under Section IX of tbe
ActcJWC.lwtnierely a leasehold interest to
t comrnrrUd, if desired, into a Royal Patent
ias2Ue "to Oa ptnem. adilled to lie Icatef la
tho nords o( tho Statute, and that th! comma
tnatio into a feo requires the exercise of a ju
dicial as troll at oiecalivo function. Tho Act of
1851 mcmlr gives tho hoMer of an award as
good a tillo for bringing teal action as if lio liini
self held the Patent, but of coorso gives him no
right of action against any to whom henny have
nuignej his claim ; tier docs this Act enable tho
j plaintiff to impeach tho Patentf.ii law, on the
gr0and or fraud or misUke, or because it nas
ijjucd in violation of his rights.
j Tho plaintiff s exception ii accordingly orr-
rtifet, and judgment for tho defendant, with
costs, is ordered.
Four-Footed Hypocrites and Criminal.
There was. one pony at tho farm thafhad a ca
rious artful trick of shammiu-amcness when ha
was driven in a direction which ho happened,
from some cause or other, not to like. Ho was &
good-tempered little animal, very protty, and
would havo been a favourite, but for this per
verse habit. His pretended lameness appeared
so real and was so distressing to witness that
every one felt ashamed of driving him, leSt by
any chance it was no longer make-believe, but a
nail that pricked him, or else that he had sprain
ed himself. Yet no sooner was bo put in tho
field than ho was all right again, and would eren
frisk about as if delighted at tho success of his
artifice. There were two roads, however, that ho
never liked, one to tho mill and the other to a
villago in tho opposite direction to Downham.
But, as there was another pony besides himself,
ho was generally excused from thoso two object
ionable roads. If, howorer, after an interval of
six or eight months, or even more, ho happened
to be driven towards cither of them, he again
pretended lameness, dropped into a' svalk, and
feigned so completely n state of suffering there
was nothing for it but to cxchso him and turn
back. Ho had been beaten, poor fellow, for his
falsehood ; but it made no difference, and it was
thought probable that he had, on some former oc
casion, before ho came to the farm, been ill-used,
either at the mill or in tho Tillage, and never be
ing able to forget it, had hit upon this devico to
save himself from ever going there again. II o
might, it is true, have been taught this trick for
some purposes 'by a former master or groom, for
both dogs and horses are capable of being mado
the accomplices and oven active co-operators in
crime, as several instances on record prove. In
tho first place I mention that of tho highway
man's horse, which has been cleverly illustrated
by Mr. Ha-rison Weir. "Between 1750 and
17C0, a Scottish lawyer mado a journey to Lon
don. At that period such journeys were usually
performed with borses, when the traveler misht
either travel post, or if desirous of studying
economy, buy a horse and sell him at the end of
hi3 journey." The lawyer in question bad chosen
the latter mode, and accordingly sold tho horso
on which he had ridden to London, as soon as he
reached that place. When tho time for his re
turn arrived ho went to Smithficld, then a horse
market, to purchase a hackney for his journey.
Not finding ono at first to his mind, he waited
till towards dusk, when a handsome animal was
offered, but at so low a price, considering his ap
pearance, that be immediately suspected there
was some secret blemish or defect which would
not bear the daylight. However, after much
: careful examination none such being found, and
he Ceing himself a good judge of a horse, he con
sented to become its purchaser. The next morning.-
still better pleased with tbe appearance or
bis bargain, be again commenced hi3 journey.
The horse had excellent paces, and the lawyer,
riding the first few miles on a well-frequented
road, and observing that bis horse was admired
by almost all Le met, did not fail to congratulate
himself on bis good luck in having obtained so
admirable a steed at so low a price. By this
time be bad reached Flinchley Common, then a
noted resort of highwaymen, and, coming to ono
spot in a hollow which lay between two elight
ascents, he met a clerical looking gentleman
driving to town in a one-horso chaise. The road
was solitary, not a creature was in sight, when
the horse astonished its rider by making a sud
den manccuvre, by which he brought his hind
quarters close to the chaise, and so stopped it,
proving at onca what the profession of his former
owner had been, as well as his own complicity
in the highwayman's art. The clergyman, be
lieving of a certainty that a highwayman, as well
as the horse was at hand, and fortunately not
baring a pistol to defend himself, or rather as ap
peared, being of a peaceful turn, produced his
purse at once, assuring the astonished lawyer
that it was quite unnecessary to use violence, as
he was not about to offer resistance. The law
yer spurred up his horse, with many apologies to
the leVified clergyman, and went on his journey.
In a while, however, they met a stage coach on
another solitary part of the road, and again the
horse perpetrated the tame extraordinary manoeu
vre to bring it to a sudden stand. Butbere b dif
ferent reception met him ; a blunderbuss was
levelled from the coach-window, with denuncia
tions of death and destruction against the luck
less rider, who was now in his turn more terrified
than the noresistin clergyman had been.
So it went on through the day. Wherever an
opportunity of robbing occurred, the horso offer-
etl it to bis master, ana ma tne oesr. in-nis power
to ski mm. in buoti, siier ui- iitu uau ueeu re
peatedly endangered by tbe iujpicionswb'ich the
conduct of bis steed naturally gave rijeTio, and
his liberty threatened by tbe peace officers, who
were about to take him cp as tbe notorious high
wayman to whom, of a truth, the horse bad for
merly belonged, tbe lawyer was tbliged Id part
with htm for a trifle, and to purchase at a high
eoit one in his stead, which, though far less beau-
tifnl. lad not been trained" 10 those criminal
habits in which the other Bad become a perfect
adepL" 3Iy second anecdote, related by Sir
Waller Scott, is of a shesp-dog, which had been
trained to sVeal sheep by its master. Tbe case
came to trial in 1773. "MordisOnind Millar were
a sheep farmer, and bis shepbertl, who, Uring
settled in the rale of TweedaSnmcnced and
carried on an extensive system of 'devastation on
the docks of their neighbors. A dog belonging
to Millar was ta well trained that be had only to
bo-r Urn during tho day the parcel cf sseefi
wVefc he desired to fere, and wisy oMt-wjiMi k'
night for the purpose," Yarrow sstlt. ws the
dog's name went right to the pas-tare here the
flock fed, and cat fried off tbe quantity shown hits.
He then drove them before him, by the moot se
cret paths, to the farm, where tlie diohoneit
misters were a readiness to receive the txJoty.
Two things were retawksMe. In the first plica
that if tho dog, When thiMIMieeslly employed,
actually-met his muter, W observed great cau
tion in recognising him, as it a had been afraid
of bringing him under suspicion ; secondly, that
ho showed a distinct senso thai tho illegal trans
actions in which ho was engaged were not of a
nature to endup daylight. The sheep which ho
was directed to drivo were often reluctant to
leavo their own pastures, and, sometimes rivers
and other-obstacles Intervening, their passago
was mado'Ttctwliarly difficult. On such occasions
Yarrow cenfrmed his efforts to drive his plunder
forward unlil the day began to dawn, a signal
which he conceived rendered it necessary for him
to desert his spoil, and slink homeward by a cir
cuitous road. It Is generally said that this ac
complished Mog was hansad) along- -."tb his
rmMtiTT hnfthrf lifith TaTmrrlroil liltn Innr-
, --. a
in tho service of a man in Lolthcn, yet wae said
afterwards to have shown littla of that wonder
ful instinct exhibited in the employment of Mil
lar." "Anotkfr instanco of similar sagacity,"
continues Sir Waller Scott, " was discovered by
a friend of niino in a beautiful little spaniel,
which ho had purchased from a dealer in the ca
nines raco. When he entered a shop ho was not
long in observing that his tittlo companion made
it a rule to follow at some interval, and to es
trange himself from his master, so much as to ap
pear totally unconnected with him. And when
ho left the shop, it was tho dog's custom to re
main behind him till ho could find an opportunity
of siezing a pair of cloves, or silk stockings, or
some similar property, which it brought to its
master. Tho poor little thing probably saved its
life by falling into the hands of an honest man,"
A Maiden or SixTr-rivx M Annus a YoukoMax
op TwKMTr-TnniB. It Isn't often that we hare to
record tbe marrla-;e of a bliuhtD1 youth to an an
cient maiden ; but here It a story of such a perform
ance, related by a St. Louis fcorrcipondcnt :
At a fashlonablo boarding-house, oa a fashionable
thoroughfare. In this fashionable "future great
city," an lucldent occurred recently of so unusually
romantic a nature as to deserve passing notice. Tho
house wa, but Is not sow, kept by a maiden lady,
who, of the temporal allotment vouchsafed man
kind, has passed three score and five years, and In
the management ofber establishment sho was ably
assisted by her nephew, a bright lad of fifteen sum
mers. Miss B (for such was her name) unllko
most fashionable or unfashionable boardlog-bouse
keepers I ever heard of, had, by close attention to
business and personal supervision of her household
affairs, accumulated a snug little fortune to wit,
thirty or forty thousand dollars, and was very com
Last summer a handsome and fashionable young
man, apparently about twenty-tbrco years of age,
came here from Ecgland, aod engaged; at a high OK
urc an elegantly furnished room and board at tbe dt,
bouse aforesaid. He seemed to have no business.
and for a tlmo paid his monthly bills with the regu
larity of clockwork. It was noticed, however, that
be no longer wore the costly jewelry he displayed
on his arrival, and It soon became painfully appa
rent to the landlady that be was out of funds. Sbo
seized upon his costly trunk sud contents during
bis absence one day, which she had no right to do
under our laws, and bo obtained a writ of replevin
for the recovery or his property, and accompanied
an officer to tbe bouse to Identify it. The constable
took a-seat In tho ball while the young man and the
lady parleyed ta the parlor. The consequence was,
the young man came out and paid the costs that had
accrued, and gave directions for the dismissal of,the
suit. . He bad offered- the spinisler hit handtnd
heart, which she accepted. y
" Was ever woman in this humor wooM t
Yfaa ever wutuan la this humor von f"
'Ills father, who was a wealthy Hirmlnhim manu
facturer, had failed, became bankrupt, and hopeless
ly Insane, and no longer able to send, promised re
mittances. They were .married the next day, tho
house and fixtures were sold, and he Is now enzagctl
In profitable business, all which piores at least that
"There nertr waia'ctrua i4 gray,
Dot aome day iiooa or late,
An honeet (todcr came that war,
And claimed her tut- LI male."
Oust PowDxa Ihteiies-iso ExpznmE-iTs
Last Saturday afternoon a series of practlctl experi
ments were conducted to test the power and quali
ties of the Giant Powder. Tbo works of the Com
pany arc situated on the Treat Tract, on the Central
Road, about fire miles outside of the city.
The first experiments were to test tbe rrlallvo
strength of Ulant Powder, with common blasting
powder. For this purpose a cast-Iron mortar was
provided, baling a six-Inch bore end a six-Inch
thickness of metal. The mortar was surrounded by
a wrougbt-lron band one Inch lo thickness and five
Inches In breadth. Into this mortar, placed at an
angle of forty-five degrees, wer placed eight grammes
(about one-fourth ounce) of common blaitlnz pow
der, and 33-pound cylindrical sboL The charge was
fired by a fuse, aad threw the shot a distance of fif
teen feet Tbe tame charge of Xo. 2, (the poorer
kind) of Giant Powder was substituted, and tbe
same ball was thrown 410 fceL The same charge of
Xo. 1 Giant Powder was used, and the tame ball
was thrown SCO feet
Xext, tbe mortar was placed upright and loaded
with 33 crammes, or 15 grammes less than an ounce
Troy, of common blasting powder, snd tbenaS.B
ball which was packed in with sand. Tbe charge
was fired, but nothing -came of It save a puff of
smoke, the ball remaining ststlonary. The ball t?ss
then removed and tbe sarae.-WelchVof No. 2 Giant .
Powder was subttltcted, r-ulcn sent tbe ball flying
Into the air out of tlghL This experiment was re
peated, and It was found this time that It was In tbe
air 11 seconds. Xcxt, tbe same charge of Xo. 1
Giant Power was used, and tbe ball was thrown
stilt higher, the lime occupied Id Us ascent aod 1
scent being 13 seconds. So powerful was the force
of this last experiment that the band around tho
mortar was burst.
A third test was made to prove the non-explosive-nest
of the powder from common Same. A brae
containing about five pounds of tho powder wis.
thrown Into a bonfire. As soon as the flame had
burned through tbe borandto the powder l ;
eons odor was discernible, aod tbe powder burned ?
with a pale green Same, but without explosion.
We have heretofore at length described the pecu
liarities of this powder. It Is DDgralaed, of a yel
lowish color, -with a specie gTtTily of shout 1. It is
Insoluble in water. Tbe explosion of tbe entire
mass Is instantaneous. Tbe force U so great that It
cannot be used In fiicirms.
Fist, Ja., begs leave to explain what be meant
when be threw on tbe market tbe phrase : "Gone
where the woodbine twlnetbv" Tbe explanation has
an air of truth that will obtain for It an acceptance
st far as the phrase is found. "You see I was be
fore that learned and dlggAed body, tbe Co-nmtltce
on Banking and Currency; and when Garfield asked
me where the money got by Cbrblt went to, I eoutd
not mtke vulgar reply and say op a spout, but pb
oenlnfrwtlle peddllnjrthroujr-h XewZnfljouid. that
every t "-T ''JmZ3 " badajwoodtilae
twining sbottt It, t toM iteiitotglooioiTwfcyg the
woodbine fwletliT Tfiet tigem Com
gretslooal efteuewaxee tHd not DBVntao.y
aty, nortny dcHcate.alltaion."
Sodj of tie Ice tan "We will gatLrtllo