OCR Interpretation


The Hawaiian gazette. (Honolulu [Oahu, Hawaii]) 1865-1918, January 21, 1874, Image 4

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HIDES, SKINS, TALLOW.
a" mn wriinnsiGNED continue tc
. par the highest market price for Dry Hides
GeatEUns and Goat Tallow.
tSJ-Jm . C. BKEWEH A CO.
TO WOOL GROWERS.
THE UNDERSItiNED CONTINUE TO
bay Wools at rwd prices. Wools coming to
Birktt this Sprins particularly desired to make
freirht (Mm) C. BREWER 4 CO.
NOTICE.
IIAVIAC. pmaiASED THE
BlMfcimttk Shop, Tools, Mod: and Good
vnnct m buttons ofMr. Wa DCTCCAN,
the h-bop on Qnt-en ftmt, opposite the
old Custom Hotue, via be clowd, &nd the
Dttdoess
Removed to the Shop on the Esplanade,
Lately occupied by Mr. Duncan,
Where Blacksmithing will be Carried On
In nil Ilk Itrnncllcn.
Ship Smithing,
Carriage Smithing,
And Horso-Shoelng.
PsrUrnlau- Attention I-nld to
SOH.SE SS:03EH3NTO-
A fogy competent wuik-iaa betnr employed to r-akett
a specialty.
BLACKSMITH'S COAL and IRON
AJtraj-a'on Hand and for hale.
IT Orders from the other Islands promptly flEed and
A Icy to a. Person's IVamc.
By the accompanying table of letters
the name of a person or word may be
found ont in the following manner:
A
C
E
G
I
K
M
O
Q
S
u
Y
B
C
F
G
J
K
If
O
It
s
V
w
z
D .
E
F
G
L
M
O
T
V
V
v
H
I
J
K
L
0
X
r.
Y
W
P
Q
ii
s
T
U
Y
AY"
X
Z
Z
forwarded.
- auafi
jxo. ir. thompsojt.
FOR THE LADIES!
CASTLE & COOKE
HATE RECEIVED
BY LATE ABEIVALS !
ITUNE CAMBRIC AND IIAMHUKG EDO
"yI3TGE. Fin. White 1'iqocU.
v TineVTcloria Lawns, White lioen Calls,
Ulesebed and Unbleaehed Hosiery,
Uslt Thread Hose, Fine White Handkerchief!.
Flee all Linen Table Damask. Linen Xapkint,
Java Canvas in white and bofi",
A ne assortment of Pearl Ecttoni,
, ! PiCow Cast Cotton and Linen. Lisle Elastic,
A fall arior't of Orr'a A ilcXtnrit'i Spool
Cotton.
FOR THE GENTLEMEN !
Fine Black Cloths,
Fine Black Doeskins,
Tine all "Wool Tweeds &Buckskin
. Jolt the thin r for sister wear.
TUTEB PROOFS, medium and ne qualities,
Flne Brown Mix and Grey Mir
ALL WOOL "WATERPROOF
, VXD" E .WHITE TESIING MARSEILLES.
Tine and Jledium Linen Dock and Drilling,
Deary Plain and Striped Brown Linen Drill,
Juit the thing for boys' and men's working
clolhei.
Gear Largv Linen Handkerchiefs, Linen
Cults.
A Fine Assortment of Heady Made Shirt Boiomi,
EILK, MERINO and COTTON UNDERSHIRTS,
Superior Cotton Half Hose,
White Merino Half Hote.
ALSO ON HAND,
AmtVeag. Pearl IUrer aci Eoglitb Denims,
Tfoet Amcriein anA.Cog.uli Coltone bleaenei
cod nobleiehtd from T-S to 105 in width.
- American White all Wool And JSUkWool Flanneli
' Scarlet, Blue and White Twilled Flannels.
AGRICULTURAL IMPLEMENTS!
Pane, Eagle 2?o. 20 and 2 Steel XI and XO Plowi,
Cnltlratori, Horse Hoes, Shovels, Spades. Oos,
Hoes. Eakes, Bind Forks, and Coal Shovels.
A FINE ASSORTMENT OF SHELF HARDWARE
Coopers' and Carpenters Tools, Ship Angers.
Saddlery.
IXGLISn ASD AMERICAS" M ADDLES !
Cheap and Best. ,
Croppers, Martingale! , Bridle! and IUlten, Buckles,
Ring!, Ornaments and Girths.
A LARGE VARIETY OF
Brown, White and Pancy Soaps.
Downer's and Devoe's Kerosene Oil,
A Fine Assortment of
iPaints zxixdL Oils I
Seat Esglich and Americas.
JUST RECEIVED TO-DAY,
Kegs of Extra fine Koliala Sugars,
CHEAP.
3m
JUST RECEIVED !
NEW GOODS
From CHina !
VIA SAW FRAXCISCO,
PER BABE " J. W. SEAVEB,"
Consisting of
PINE JEWELEY for Ladies,
2och as Zfecttaces and Bracelets, EaniEgs and Broocnea,
made cf Qrstal, Cornelian, Tortoise &neU. Gold
and SUTer aod Bird's ilead Style.
SILK FOE DRESSES,
FD&iec num. Striped, Checked, and assorted colon.
MOSQUITO NETTING I
Pare White GEASS CLOTH.
Fancy Slippers for Ladies & Genllimen.
Colored Embroidered Silk Scarfs,
ladies' Lacquered TrVbrk Boxes.
Piue Carved Sandalwood & Ivory
CAED CASES.
Paper Cutters, Boxes,
All kinds of Fans,
Pearl, Cornelian nnd Ivory Sleeve
Illations nnd Stud.
And other Cariosities too nomercas to mention.
ALSO
WHITE CHINA MATTING!
China and Japan TEAS.
&c ifcc fcc itc
rorSaleby AfQng & AchUCk,
HZ-ly 2Tonann street, near King
Manila Cigars !
A SMALL LOT OF THOSE SUPERIOR QUALITY
CIGARS, jast reeeired. These cigars, are like
those ve nad about oneyear since, and pronosneed to
be the belt article offered inthismarketdoringthelast
t wenty Tear!. SpeciiUj pst up for oi ZOO cigars is
a box. For sale by
B0LLE3 A CO.
Let the person whose name you wish
to know inform yon in which of the up
right columns the first letter of his name
is contained. If it be found in but one
column it is the top letter; if it occurs in
more than one column, it is found by add
ing the alphabetical numbers of the top
letters of these columns, and the sum will
be the number of the letter sought. By
i taking one letter at a time in this way,
j the whole can be ascertained. For ex
ample, take the word Jane ; J is found in
! the two columns commencing with B and
I H, which are the second and the eighth
I letters down the alphabet ; their sum is
ten, and the tenth letter down the alpha
bet is J, the letter sought. The next let
ter, A, appears in but one column, where
it stands at the top. X is seen in the co
lumns headed B, 1) and H ; these are the
second, fourth and eighth letters of the
alphabet, which added give the four
teenth, and so on. The use of this table
will excite no little curiosity among those
unacquainted with the foregoing explaua-tion.
LUMBER, LUMBER!
LUMBER!
ALL SORTS, SIZES & DESCRIPTIONS
BUILDING MATERIALS !
AT
The Yard and on the Wharf!
O03IWUSI30
lYor'Wcst Scautliug, Timber !
PLANK, BOAEDS, .
Battens,
Flooring,
Laths,
Pickets, &c.
REDWOOD SCANTLING, TIMBER,
Plank, Boards,
. Battens, Flooring,
Moulding, Pickets,
Laths, Posts,
Wainscotting,
&c. &c, &c.
White Cedar and Redwood Shingles
White Fine Boards,
Doors, 11. P. lmo.,2mo., &Sash
SASH AND BLINDS,
NAILS AND GLASS,
Wall Paper and Border
In Larre Variety.
PAINTS, OILS, TURPENTINE, VARNISH,
Pnlnt and IVhltctmsli Brubhex,
Locks, Hinges,
Enttr. Screws,
Sash 'Weights & Line.
Al PUULOA SALT, ETC., ETC
GOODS DELIVERED IN TOWN FREE OF CHARGE,
7-AXD
Co- At any Port In this Kingdom as per
Coutrnct.-5n
WILDER & CO.,
ssjm. Corner Fort and Queen Streets
TheTlliistrated Christian Weekly-
IS Sll'PIJOJ TO SUBSCKIBEBS AT 81.00
.per annum. II. It. W UU.NEY.
A. W. PEIRCE & CO.
Offer for Sale
SHIP CHANDLERY
WHALE BOATS AND BOAT STOCK!
GROCERIES,
louo? cfcj reread !
Lime and Cement,
California Hay,
AND
By Steamer from San Francisco,
Potatoes, Onions, &c.
Lerexx-ts for
Brand's Bomb lanees,
Perry Davis' Painkiller,
Pnuloa Salt Works
iSi-Zm
SOLE & SADDLE LEATHEE,
Tanned Goat and Sheep Skins
COXSTAXTlr OTS IIAXD and for Salt,
from tha veU-known
WAU1E1 TAarSEKT, C. SOTI.ET, Pmp'r
KSAj A. E. CLEG 110 t COn Aetata. 3
HAWAIIAN GAZETTE
Supreme Court Jan'y Term, J.S7&.
Komohai, Plaintiff vs. Kahele,Befendant
Action to recover possession of land
claimed by inheritance from the plaintiff's
father. Jury waived.
L. McCnlly for Plaintiff
S. B. Dole for Defendant.
By TUB Court:
The land in controversy is part of a
kuleana awarded to one Halai, the plain
tiff's father, who died intestate in 1849.
In 1855 a patent of the land so awarded
was takta out in the name of llalai, and
has remained in the possession of one
Ivoa, a younger brother of Halai, now de
ceased, who in his lifetime had mortgaged
another portion of the land. The plain
tiff and lvoa, with their families, lived to
gether on the land until 1S60, when Koa
sold this lot to one "Wanaoa, the deceased
husband of the defendant, under whom
she holds as his heir at law. The sale was
made in the plaintiff's presence and by
his active assistance. He counted out the
purchase money for Koa, went with the
parties to the registrar, and informed the
person who drew the deed of conveyance,
that Koa had the title in the land and the
right to convey it, He afterwards point
ed out to the surveyor the lot so pur
chased, and has never until this suit laid
any claim to the land. Meanwhile the
purchaser erected buildings and made im-
Erovements on the land, and was treated
y the plaintiff as its' rightful owner.
The defendant thereupon claims that the
plaintiff is equitably estopped Jroni assert
ing his legal title against her, and. that
she can avail herself of this equitable de
fence in the present action, which posi
tions are opposed by the plaintiff's coun
sel. L The plain question is thus raised, of
the sufficiency of the facts shown to consti
tute an equitable estoppel, and if sufficient,
of their admissibility as a legal defence.
The "ancient and curious doctrine" of
legal estoppels was, that they precluded
a party from availing himself of the truth,
even in furtherance of his just and equita
ble .rights. They arose in cases of records,
deeds and matter in pais which were of
equal solemnity, as for instauce, entry,
livery, partition or acceptance of rent or
of an estate. It was deemed important
on grounds of public policy, that no one
in a court of law should be allowed to dis
pute the legal effect of his own acts of
this nature, or of formal judgments
against him. But as the .application of
this doctrine was often hard upon individ
uals, it was " odious," and pleas of estop
pel were therefore required to be full and
precise whenever the matter relied on as
estoppel could be averred. But later
practice admitted all such matters of legal
estoppel to be shown in evidence under
the general issue. Stephen's Pleading,
220. Whenever the legal' estoppel was
shown, its effect could not be avoided
in law,.on such equitable considerations
as fraud or mistake.
The doctrine of equitable estoppel by
conduct or by facts not equivalent to legal-
estoppel is of more recent growth.
It rests not on grounds of public policy,
as do legal estoppels, but on the just and
equitable principle that' no one should
deny the validity of his own acts if they
were intended to influence, and did influ
ence another, 'when such denial would
work injury to such other person. And
parties and privies are alike bound by and
may avail themselves of such estoppels.
The foregoing "statement presents familiar
general principles on the subject. Equi
table estoppels are so clearly just and ne
cessary for the furtherance of justice, that
they are favored by Courts, and in many
instances have been adopted and enforced
by courts of law as well as of equity.
Parsons says, the whole doctrine of
equitable estoppels, has passed into courts
of law, and the doctrine of equity is often
asserted in respect to them by courts of
law. 3 Contr., SOI. Washburne says.
" It is very rare that this is allowed at
at law, and only it is believed where one
man knowingly induced another to act by
the expenditure of money in improve
ments upon lands as if he had a rightful
title to the same, and adequate justice
cannot be done by compensation in
money." 3 Real Prop., 69. The Courts
of Massachusetts decline to hear such
equitable defences in a real action when
the result would be a transfer of the title
in the land by parole. Heard vs. Hall,
16 Pick., 400. But parole adjustments of
boundaries or partitions of land, and oral
submissions of an award ,by arbitrators
are held to be binding, when shown to be
acquiesced in and acted upon. See cases
cited in 2 Smith's Leading Cases, Hare
and Wallace's Notes, pp. 759-761. Bragg
vs. B. i W. R, B, Corp., 9 Alien, 61.
Landon vs. Doud, 10 lb., 437. Andrews
vs. Lyon, 11 lb., 351. Turner vs. Coffin,
12 lb., 401. Searle vs. Abbe, 13 Gray,
412.
In New York this -defence was exclud
ed in actions at law affecting titles in land.
Delaplaine vs. Hitchcock, 6 Hill, 17;
Swick vs. Sears, I lb., 17- See however
Sayles vs. Smith, 12 Wend. 59. The Re
vised Statutes of New York are held to
permit the defence, in consequence of the
provision's that the Supreme Court has
" general jurisdiction in law and equity,"
and that " the testimony in equity cases
shall be taken in like manner as cases at
law." Phillips vs. Gorhsni, 17 N. Y.,
272. Carpenter vs. Ottlcy, 2 Lans., 456.
Dewey vs. Hoag, 15 Barb., 369. Trap
hagen vs. Traphagen, 12 lb., 105. Dob
son vs. Pearce, 40 lb., 539. Corkhill vs.
Landers, 45 lb., 227.
The defence was formerly rejected in
Maine in snch cases. Hamlin vs. Hamlin,
19 Me., 145. Bntnotnow. Rangely vs.
Spring, 28 lb., 142. Stevens vsTMcNa
niara, 36 lb., 178. Stinchfield vs. Emer
son, 52 lb., 565. Durham vs. Alden, 20
lb., 230. Bigelow vs. Foss, 59 lb., 164.
It is allowed in New Hampshire. Run
let vs. Otis, 2 N. H. 134. Morse vs. Child,
6 lb: 52. Thomas vs. Sanborn, 11 lb:
201. Marshall vs. Peirce, 12 lb: 134.
Horn vs. Cole, 51 lb: 289. Stevens vs.
Dennett, lb: 324. And in California,Mar
quart vs. Bradford, 43 CaL 529. Daven
port vs. Turpin, lb: 601. Talbert vs.
Singleton, 42 lb: 391. And in Pennsyl
vania, Thomas vs. Wright, 9 S. and R.
93. And see Knhn vs. Nixon, 15 lb : 185.
But otherwise in the IT. S. Courts. Baird
vs. Wolfe, 4 McL. 552, Mezes vs. Greer, I
McAlL,401. The decisions in other States
are conflicting, and are probably affected
more or less by statutes.
The English Courts admit equitable de
fences in personal actions, and by statute,
in suits of replevin. Freeman vs. Cooke,
2 Excb. 054. "Webb vs. Heme Bay" Com
missioners5 Q.-B. 649. Wood vs. Dqrar
ris, 11 ExcB. 494. But as' far is I have
seen, not in real actions.
The general grounds for rejecting evi
dence of an equitable estoppel in a Conrt
of law in cases involving a transfer of ti
tle in land are, (1.) That the Statute of
Frauds is in tho way ; (2.), that by com
mon law rules of evidence, a deed cannot
be controlled by parole evidence, if it is
prima facie valid, (3.), that legal forms,
processes and remedies are often inade
quate to do full justice between tho par
ties, or to make those parties who ought
to be brought in, or to search the con
science of a party by interrogatories, or
to adapt and enforce "the remedy accord
ing to the equity of the caso; (4.V that in
regard to land titles it is especially impor
tant that uniform and equitable rules be
applied with more precision than would
be done by ordinary juries. J urics would
hardly mistake the rules of evidence con
cerning the genuineness of a deed, but
might'find great difficulty in correctly ap
prehending and applying the equitable
rules which govern a "Court of Equity in
setting aside deeds, while errors in their
verdicts would often be hard to detect
from the great difficulty in distinguishing
between the findings of fact and law in
such matters ; (5.), that a case at law is
not a case in equity. The distinctions be
tween Courts of law and equity in regard
to processes, remedies, mode of proof and
trial are such, that they can only be re
moved by statute. As equity cannot
abridge the constitutional right of jury
trials by encroaching on the' jurisdiction
of Courts of law, so it cannot be shorn
of its original jurisdiction by Courts of
law adopting equity rules.
I have been unable to satisfy myself of
the validity of these objections. (1.) The
objection on the score of the Statute of
Frauds does not apply here, for the sec
tion in the English section whereby a
parole conveyance of an interest in land,
such as is claimed in this suit, is declared
to convey only an estate at will has not
been enacted, nor has it been adopted, if
it could be, as a rule of law. Moreover
it is apparent that the Courts which are
governed by this statute, in cases where
an oral conveyance is relied on, have not
found it an obstacle when it is relied upon
as an estoppel. And besides, it is not
claimed that an estoppel is equivalent to
an absolute transfer by- way of sale, but
merely that as against certain individuals
the party estopped cannot use his legal
title. (2.) Parole evidence in this case is
not sought to be used for the purpose of
contradicting a deed, liy our custom and
law, royal patents are issued in the name
of the first holder of the land award on
which they are based. The plaintiff's ti
tle by inheritance is shown by parole and
may be met by parole evidence of an es
toppel. The deed under which the defenr
dant holds, although insufficient by law
for.the" purpose of transferring the plain
tiff's title, and therefore of no avail as a
deed, is not incompetent evidence of the
act of the person who assumed to make
it, against the plaintiff who undertook to
represent that it was made bythcHrue
owner. (3.) As for the mode of proof
by depositions, which is often elsewhere
used in equity, wo hear viva voce testi
mony in equity as well as law. That the
right of examining parties is not a dis
tinctive feature of equity jurisdiction is
evident from the fact that equity eases do
not become law cases where statutes have
permitted parties.to testify. If there arc
parties who ought to be brought into
Court who otherwise would bo affected
by the legal judgment, or whose absence
injuriously affects the parties, that fact
when shown might bo cause for transfer
ring a case from law to equity. And so if
the reliet Bought could not be granted m
law. But no such showing is made, nor
is if claimed that it can bemade in.regard
to this case. (4.) It is desirable that land
titles be adjudicated by uniform rules, in
telligently applied. But it is' not consist
ent with the dignity or functions of judi
cial tribuuals to say that the amount in
controversy, or the.natureof the property,
shall affect the rights of litigants. Be
sides, this case raises a question simply
between the heir and, the holder under an
equitable title, and no rights of bona fide
purcuasers wuo nave relied on records
intervene. Tho uncertainty and frequent
capriciousness of jury verdicts exist in
personal as well as in real actions, and if
in iiiu lunner luey uo not require equit
able jurisdiction on equitable pleas, it is
only a matter of policy for the legisla
ture to decide,- whether the result should
be otherwise in the latter form of' actions.
(5.) Perhaps it is a fundamental and im
portant principle that equity is not shorn
of its jurisdiction,, because, asLordElden
said, " a Court of law happens to fall in
love with the same or a similar jurisdic
tion." f.yre vs. Jiventt, 2 Kuss. 382,
But it is plain that Courts of 'law are be
coming more and 'more free from tech'
nical rules not based on principle and
quisite for the furtherance of justice. If
justice can fully be done at law, there may
be no occasion for equity, although if there
should still remain any radical principles
requiring equity jurisdiction in any case
in which a Court of law may have adopt
ed equitable rules, the jurisdiction of the
equity Courts remains intact. Sailly vs.
Elmore, 2 Page 499. Wells vs. Peirce,
27 N. H. 513. Minturn 'vs.-Farmers Loan
Co. 3 N. Y. 499. The tendency of Courts
of law to adopt rules which afford equit
able relief is apparent in the cases cited
in the American edition of Smith's Lead
ing Cases, in the notes upon the Dutchess
of Kingston's case. And suck is the ten
dency of statutes giving tbo same Courts
jurisdiction in law and equity. It is cer
tainly desirable to avoid circuity of action.
For a Court having law and equity pow
ers to say to party in a suit at law, that
T r-
as soon as an equitaoie aeicnce is set up,
he must go into equity in order to have
the facts found on which his defence
rests, simply because it does not think it
safe to have them found by a jury if they
affect a land title does not seem to me to
be doing law or justice. Under our sta
tutes and precedents, I Eee no ground for
requiring this defendant to resort to
equity.
A point of pleading is also made by
the plaintiff's counsel, which is, that
the answer in this case not alleging the
lactson which the defendant relics, he can
not show them. But our statutes per
mit any matter of fact to be shown under
the answer of a general denial Civil
Code, Sect. 1107. And see Kiernan vs:
Sandars, 6 Ad. and E. 515. Yeale vs.
Warner, 1 Wra. Sand. 323.
IL The defence being admissible in
this action, it remains to consider whether
it is sufficient to bar the plaintiff's title-
by inheritance. The facts shown dOTiot
induce me to think that actual frand was
intended by any one. Bnt there is a de
gree of culpable negligence of one,'s rights
and of the right of others, which inlaw
and equity, as well as in fact, has the
same consequences as actual -fraud.- ".The;
vendee acted in good, taithj ,Jo record
could have shown him the plaintiff's title,-
and it does nbtieven appear that he knew
that the plaintiff was tho son of Uie orig
inal owner; As far "as words and conduct
could do, the plaintiff gave him cause to
believo that tho vendor was the only one
having any interest in tho land. A fair
nrico was naid. The nlaintiff was.of full
ace when bis father died, and for eloven
, .1 1! 'a t.-
years tuc venuor uau uvcu wuu mm on
the land, exercising acts of exclusive own
ership, by mortgaging a portion of it aud
holding the royal patent. For thirteen
years after the sale, while expensive im-
Croveraents wcro made upon the land
y the vendee and his heir, the plaiu
tiff looked on and laid no claim. Both
the vendee and vendor, whoso testimony
might havo availed tho defendant, are
no w dead. Tho native custom of treating
uncles aud nephews as father aud son, in
respect of their mutual rights and duties,
might well have caused equities of a high
nature to arise in favor of the uncle in
this case having acquired full right to dis
pose of the land. At the date of the
death of tho plaintiff's father, in 1849,
tho laws regulating the descent of pro
perty by will and ab intestalo, and its
transmission by deed was so recent, that an
oral will or parole transfer of land would
have been extremely likely. When such
transactions have been acquiesced in and
acted upon for many years, they mnst often
acquire validity which the parties are not at
liberty to dispute. But however it may
have been with the plaintiff's ignorance
of law in 1849, it is very unlikely that he
remained until 1873 in such dense igno
rnnce.of his right as son to inherit his
father's estate. His active cooperation at
the sale, his representation that the ven
dee was authorized to sell the land, and
his subsequent acquiescence, in full knowl
edge of all tho facts, continued for so
Jong a time, lead mo to believe that there
were transactions between his uncle and
himself, which in their view fully author
ized the sale. I think the plaintiff's con
duct, and the results which have followed
in tho changed circumstances of the par
ties, have equitably precluded him from
now availing himself of his former title,
against this defendant. And if his con
duct were insufficient to constitute a legal
transfer of his title, it precludes his as
serting it to the injury of those whom ho
has misled, who relied and had a right to
rely on his assertions, and whom he has
so long permitted to rely on his assur
ances, that it is now too late for them to
be reinstated in their former position.
Tho case comes fully within the rule
adopted by this Court in Banco in Kauhi
vs. Liaikulani, 3 Haw. , that a
party is estopped by a course, which if
not taken advisedly was taken "negli
gently in disregard of others who are rea
sonably authorized to rely npon them."
If the plaintiff had authorized the vendor
to' sell, ho ought not to complain now
that the authority is not shown by deed,
and under our statutes this would bo no
objection to his having sold his land to
the vendor. If he had not done so, and
wilfully misled the vendee, ho has no
ground to complain that he has defraud
ed another. If knowing all 'the facts, he
was ignorant of his rights, (of which ig
norance there is no evidence), then it is, a
caso where of two innocent parties lie
must suffer who caused the injury "which
the other was powerless to avert. This
view will bo found to be fully sustained
bj- the cases cited in Kauhi vs. Liaikulani,
Davis vs. Brewer, 3 Haw. , and in
tho citations above made.
The plaintiff excepts to the foregoing
rulings admitting tho defence in this ac
tion, and holding it to constitute a bar to
his action, and his exceptions are hereby
allowed. Alfred S. Hartwell,
Justice of the Supreme Court.
Honolulu, Jan. 14, 1873.
The IVnr Ship of the Fntnre.
The London Times has the following:
"The preparation of designs for the war
ships of the future is making considerable
progress, and the application of the
science of hydraulics to the art of gun
nery will in these designs receive consider
able development, and prove in practice of
very great assistance in facilitating the
working and loading of the monster wea
pons with which the turrets of the iron
clads will be armed. These guns will far
surpass tho most powerful artillery at
present in existence the Woolwich In
fants, of thirty-five tons weight and a bore
of twelve inches in diameter, and tho
great guns which Krupp is now making
for the Germans, being alike eclipsed by
the new weapon, which will have a bore
of nearly fifteen inches and weigh sixty
tons. Theso guns will be built upon the
system which originated and has now
been in sitch successful operation at the
Royal Gun Factories, Royal Arsenal,
Woolwich, for several years by coil upon
coil of wrought iron and a steel tube ; a
system which insures the greatest possible
strength and immunity from danger of
bursting, and practically imposes no limit
to the size of the guns. They will be fit
ted with a movable breech-loading ar
rangement. The Woolwich Infant will
throw a 700-pound shot six or seven miles;
the new gun will hurl a projectile weigh
ing 1,100 pounds (half a ton) overarange
which has yet to be determined. As the
antithesis of this euormous gun, the,new
steel mountain gun has just been placed
in the model-room of the Royal Gun
Factories. This gun weighs only 200
pounds, but it can fire a shell of seven
ponnds with good effect" up to 3,000 yards,
and with its little carriage is designed to
be conveyed on the backs of mules, for
which pack-saddles are specially construct
ed. It is also admirably adapted for boat
service.
A CREATREMEDY !
Such's California Asthma Care !
TO THE PfillUC-ror the past two yenra
X bare been subject to aeTere couching spells, es
peclallr In tne morning, as soon as I would airafce. Tula
congtt nt last terminated In a roost severe attack of asthma;
this being a disease hereditary to our family. Last Au
gust, 1872, I was seized wltb a most severe attack of
asthma. I coughed so much that It seemed to take away
all strength. 1 could eat nothing without its, girtng me
severe pain In tbe chest and Inngs. I called In a doctor
toolc his medicine but to no purpose. 1 was recommended
to go Into a warmer climate, and 1 went to San Jose, bnt
change of climate liad.no effect, and when I left San Jose
I never eipected to rt cover. I finally tried this remedy,
which gave snch relief at once that I ennunned taking It
and It effected a complete and radical cure. I am now as
hale and hearty as I ever was In my life. 1 have recom
mended it to others, and It Invariably produced the same
happy results, r now recommend It to the pnbllc, because
1 believe, as a remedy for asthma, It has no equal.
Tours, Ac, FRA27CI& L. SCCH.
8an Fraxctsco, March 12, 1BT2. To all vihtm it nay
tonctrn This is to certify, that I had a severe cough for
many years. I took air-medicines I coold hear of. for
coughs and the asthma, bnt all lost Its effect in a few days,
and being well acquainted with the vegetable kingdom, I
have made gallons for myself, and all had about the same
effect aner several days taking, until Sir. Such, the Good
ftamarltan,came along with a bottle of bis California
AsTBMa Cuke, which helped me very much. My case be
ing of long standing, I can truly recommend the medicine
to outers. Bespectfnlly yonrs, DR. L. GILPIN,
, 10 Geary street, San Frandaco.
DSC- Ecnd for areolars to DILLIXGIUM & CO.,
450 3m Bole Agents In the Hawaiian Islands
Water I Water !
I ATIlrrHTHKR NOTICE, THE RetrM
VJ no It IBKIGATIOX will be
From 7 to 0 A. V.. and from' 4 to 5 P. M.
. ..TOOS. LOXO, Sopt. Water Works.
Henolaln, Kov. 11, 1873. 4M 3m
' , i ' .t a k yrrj
nrw minus wvw n.nnnoi
II ! IS IB r I
JTJST RECB IVED
PER SHIP SYREN, FROM BOSTON
AND FOR SALE BY
E. O. HALL & SON,
0
ASSORTED MERCHANDISE.
PLOWS-Paris. Eagla Ki. 2. and 5,.1B and H t Steal
Plows 2Toi. XO and X00 Assorted Plow Poiftia-
CUI.TI VATOItS and Htm Haes, FlastaMea and stnt
'teal Garden Iloes, Spades and Shovsls, Hakes and Osa.
OX MOWS, 1. Hand! Inch.
YASKEE CORN SIIELLEKS.
Agricultural Implements of all Ml.
nOLLOW.WAKE, Vis; Saneepans, Tea Kettles. Fry Pans, Iron Pats. OaltsnUe Iran Taaa aid
Backets, all sixes. Seat French Tinned Eaneepani and Kitchen Utensils of many kinds.
WOODEN-WAItE Chopping Trajs, Bound Bowls, Wash Bowls, Rolling Plus, Tabs'.-Broossi. Uf.
Ilingham Backets and Boxes, Ac.
KEROSENE OIL Downer's and Dene's, Genuine and Fresh.
CARD HATCHES Brant's S-Card.
FISH HOOKS The best Assortment In the Country.
FISH LINES AND SEINE TWINE A Fins Aisortment loon eipected, Trent Esxlsad and Btaa.
PAINTS White Lead, Hubbuck'l No. 1 and Pare; IlubbueVs Whits Zlno, Best Parkr lino; Patau
ground in Oil, of all eolors ; Dry Paints, also of all colon ; Litharge, Patent Drjsr, heat Glut, CbaJst, WUI
ing. Soap Stone, Rotten Stnne. Pnmleo Stone, Ao., Ae.
Turpentine, Taint Oil, Boiled and Raw ; Tarnishes, assorted. .w . .
Carbolic Soaps Toilet, Medical, Bath, Dental, Shaving, Medicated, Ac.
Toilet Soaps A FIno Aisortment or Cclegala'a make. r
Brushes-Paint, Dorse, Tooth, Whitewash, Sash, Varnish, Dnst, Centrifugal. Shoe, flint. A.
Handles Pick, Ax tereral qualities, Plow, Bake, Hammer. Chlsal, Awl, Talent Mop, Ac
Shoe plucking Army und Navy, Peerlesi, Day and Martin.
Harness Oil, Leather Preservative, Axle Oreaie.
Leather Harness, Knsset Skirting, Oik Tanned Sole, Sheep Skim, lining Sklas. Also, a tot lei of
French Calf Skins in perfect order.
Revolving Hose Sprinklers An article that ihould boied"In every garden la Honoinls.
Lawn Mowers The best kind for cntling Manlani grais plats.
Charcoal Irons-Blisses' Pattern, large ill", Spurs-Mexieaa and Tinned, anortd.
Bridles, Wooden Stirrnps, Girths, Ac Carriage and Tire Bolts, a fun sijortatai.
Horse Shoes nnd Nails English and American. Cut Nails Clinch. Finish, Ctont, and all kind.
Screws Iron and Brass of all descriptions. Wrapping Paper Anorted liies.
SHMLF HAllBWAJtlJ.
Including a very large and choice assortment of Goods wanted by
every body.
Don't Forgot to OaJLl axx3. EcramiTio
Onr Assortment of Elegant Silver-Plated Ware
COMPRISING MANY ARTICLES
Suitable for Christmas and New Year's Gifts, Wedding and Birthday Presents
ALL USEFUL AND ORNAMENTAL.
BB X GOODS
Amoskesg and EcgtUa Denims, Blescbed and Unbleached Cottcmi, Cotton Sheiag and Pillow Cut Cattoa
Linen Table Damask and Napkins, Tickings. A Tew cuet of
PRINTS UlaliFIgM Canary and Light-Gronnd of Fine Quality
And Fast Colors. Plaid Shawln. Also, Silk Handkerchiefs.
A SPLENDID ASSORTMENT OF COOK STOVES !
INCLUDING THE FOLLOWING VARIETIE3.
Harp, No. I to S,
Bny State-, Xot. o nnct 3,
XJIlX Dalr; No. 6,
Parlor Frankllna,
Snttei I Cook, 71" o. s and X,
JXotlel rook, Xos. 2, S susd .
Karstow Cook. Nta. 3 tl.
fkunplo Cook, No. 3,
Ship's Cabooses, Nos. O, 1,2, 3 and 4.
Onr Stoves are from one or the largest and btst Store Foundries Is tha United States, and haitvtry
complete sets ol Iron and Tin Furniture.
Stove Pipe and Elbows, or all sizes on hand. American Broilers sold at eoitto thss pur
chasing Stoves. Farmer's Boilers A few left, sold cheap.
All the above Goods wrll be Sold on tne most KeasonaDie Terms
And all parties wishing to purchase Goods la onr line wDl he wise In giving at the flrst call
At the Brick Store, Corner of Fort and King Streets.
461 2m
CHINA GOODS
THE UNDERSIGNED
HAVE J CUT RECEIVED
And Now Offer for Sale the Cargo!
VEll
BRITISH BAEK ' BEN VOIBIICH,'
FROM HONGKONG.
2t)7 EAItTIIIinX TILES,
610 Rolls Matting,
440 Camphor Wood Trunks,
372 Bales Twine,
514 Pkgs Tea,
178 Cases Packages,
159 Boxes Cigars,
167 Packages Chairs,
122 Cases Wine,
74 Packages Fire Crackers.
200 Boxes Oil,
55 Jars Soy,
61 Bales Paper,
30 Boxes Tobacco,
26 Pkgs Ironware,
477 Coils Manila Hope,
20 Boxes Vermicelli,
801 Pakages Sundries.
CHULAN & Co.,
PRICE LIST
CHELSEA JLAUNDRY!
lloxoxxar, B. L, J ml 7, ia
OTT AXD AFTER THIS DATE THE TnL
LOWLMI UATLM will b charted ra alt workdaa
at this Laundry :
Ocntlemen'si UtL. Cratt
WMteorColortilBnWs.roIhaed.earb la
White or Colored Shirts. Rain, eacs-
Wnite or Colored Collars, roitshed, eaca
White or Colored Collars, nam.
White or Colored Cuffs, f-ouaked. pair
White or Colored Cuffs, rialn. lr ,
White coats, each
. 4
.NT
. 4
Wblu Pants, each-
White Vests, eacn-
Cloth coats, each-
Cloth Pants, each-
f3otn vest., eacn
Underahlrta, eacn
Drawers, eacn.-
Night Eshlrts, each
rilgns .rants, eacn.
llandkercblers. each..
Soca or stocking. V pair..
-X
- M
-St
a
- 4
JJullea
Cnderclothlnr. Plain, each v.
List.
Enderctothlns, Starched, eaca-
Underclotntnsr, Starched and Rated, tor each
Skirts, Plain, eacn.
-tt
skirts. Tocfc ed or Flu ted. 1 and 19s. for eay h Tin stet e
Waists, Plain , , ,. 1-V
waists,Tncxea or noted, (and 10c ror eaca Basse) taca.ia
Waists. Tucked or Fluted, and extra wtux bc.(aad tt
cents ror eacn noftVi
Dresasea, White or Colored, Plain-
Dresses. Tucked or Fluted, (and 1 cenfit for each
Huge) each ,, .,. H
Dresses, Ruffled with Heading, and extra wltls Lac,
'(and ZS cents for each Burae) each
Xtght Dresses. Plain, each f
XlSht Dresses, wtthTratlnj.cs cts. ror each jtnssvttach s"
OillJren'a UtL
Nightgowns, Plain, 4
Drawers, Plain, each-
Drawers, FInteu, each
Waista. Plain, eacn.-...,
Honolulu, Oct. , 187J. 4Sm
Xnnann St,
HAWAIIAN MESS BEEF,
C. BEETLEMA5H, KAUAI
Azxca. Warranted,
For Bale by
a.im ' A. TV. PEiaCE CO.
SPERM on,,
WABIUNTED PU11E, AND VEET LIGHT
Color. For sals by
6 BOLLES i CO.
U. S. Postal Cards, .
FOR SALE (PRICE 2 CENTS kACst.1 BT
tn u. M. wnxraKY.
Skirts, Plain, each .
Skirts. Tucked or Floted, each, (and 14c tor e
cups, nn, yarn..
IH
4
I
Bu
SIlpivTBeked or llulcd, tack, (md 14rW mth Bullet tli
ureases, rum, earn IJf
Dresses, Tucked ox rutted, each, (and 10c wr eaca Eaf-
Socks or Stocklnra, tt pair
XOt
Ilotxacbold IJaa.
Table Cloths, Larre, Plain, each
Table Oaths. Lane. Starched.
Table Cloths, Medium. Plain, each-
Table Cloths, Utdium. SlarcLed. each-
Table Ootna, bmao, plain, each
Table Cloths, email, tjtarcbed, each-
Sbeeta, Elnrle, eacn-
Sheets, Doable, eait .
Towels, each
Napktha, each-
Pow SUos. Plain-
Pillow gltps. Starched..
nilow sops. Flirted .
Counterpanes, Large, each .
Counterpanes, Smalt, each .
Blanket. Laife, rach-
-
.1
-
. '
-.
. 4
I
-
-14
-a
Blankets, Medium, each..
Ebwkea, Small, each-
Window Curtains, Lanr, each
Window Curtains, Medium, eact
Window Curtains, fcjmsB. rach-
jsoaqutso .cu, eaen .
-Hi.
MT MOTTO-Wlust to wortts statssa; at &, K,
w orth dolus weti.
HT IXTEXTTO-VTo live ltattoltarttott ta aS.
MY TERM 8 Cash en BeUvery.
I Rejpwtfaliy Soliwttie Fakiie fatrufi
tar Oetea at Messrs. H. E. McCrtTBX jHttTS Ota
ccrr.yatd Store aad flaltarr. Parser of Part saf Tttf -Waffen
cas tor aU Orden.
HI-IT W. IL WALLACE, fwnnltxr

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