OCR Interpretation


The Hawaiian gazette. (Honolulu [Oahu, Hawaii]) 1865-1918, November 10, 1875, Image 4

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H. HACKFELD & CO.
EIPEfT TO RECEIVE PER
GERMAN BARK CEDER !
miorti.y ni i: i rom MMMMMM
A WELL SELECTED CARGO
or
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AN INDEPENDENT JOURNAL,
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Supreme Court of the Hawaiian Islands
In Admiralty.
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BY THE UNDERSIGNED
R. B. AVERY ET AL. r. STEAMSHIP
- CYPHRENES."
Au.EX, C. J.
This is a libel in rem. against the British Steam
ship Cyphrenes for damages caused by collision
with the British ship Uavenstondale, owned by
llie libelants. The steamer is a passenger and
freight boat, and is rannicg between the British
Colonies of Australia and San Francisco. It ap
pears in evidence that the ltavenstondale was rfl
anchor in the harbor of Honolulu, and that the
Steamer in the daytime, on her passage to her
berth at t'e wbarf in said barbor, collided with
tin; Ravens tondule and caused the damage com
plained of. and tbe question is, whether the Steam
er is liable ?
It is contended on tho part of the respondent
that as the Steamer was under the charge of a
Pilot if tho collision was caused by tbe neglect
or mistake of the Pilot, that the owners of the
Cyphrenes are not liable according to the gen
eral principles of the maritime law, or by express
statute. Iu the case of tbe Neptune the Second,
which was decided two years after tbe passage of
the statute of 52 Ueorge HI., wbich contained a
provision that the owner, or master, of any sbip
shall not be answerable for any loss or damage
occasioned by the neglect, incompetency or inca
pacity of any licensed pilot. Sir William Scott
did not advert to tbe statute in giving his opinion,
but said, if tbe mere fact of having a pilot on
board, nod acting in obedience to his directions,
would discbarge the owners from responsibility, I
am of opinion that tbey should bo excused in the
present case. I think it is sufficiently established
in proof that the master acted throughout in con
formity to the directions of the pilot. But this 1
conceive is not the true ru!o of law. Tbe par
ties who suffer are entitled to have their remedy
against the vessel that occasioned the damage,
and ate not under the necessity of looking to the
pilot, from whom redress is not always to bo hud
Tor compensation."
In Iho case of the tiivolsmn, 8 Knglish Admi
ralty Reports. 1G9. the Court ruled that a foreign
ship, tliuugli in charge of a licensed pilot, is liable
for the full amount of damages arising from a col
lision for which she alone was lo blame, notwith
standing the stat. 1 and 2. Ueorge IV. e 75, and
G Ueorge IV. c 125, which do not extend to pro
ceedings in this Court. The Instance Court of
Admiralty is guided by tbe principles of interna
tional and not by those ol tbe municipul law.
There were several British pilot acts pnssed in the
reigns of George III. and George IV., and also
the Shipping Act of the 17th and IStli Victoria.
All ol t l.em contain a provision to the effect, that
the on ner or master of any ship shall not be an
swerable for any loss or damago occasioned by
tho neglect, default, incompetency, or incapacity
of any licensed pilot. The Court say. in tbe
same cute, that it cannot be doubted that before
these statutes were passed exonerating masters
and owners where a licensed pilot is ill charge of
u vessel, that remedy cxisled in this Court, and
the legislature has not in express terms taken it
away." The vessel was held liable, although in
charge of a licensed pilot at the time of the col
lision. There were several other cases involving
the same facts uud principles and were decided in
the same way by the tome judge. So the hng
have been passed, and tbe Knglish authorities are
against this position.
The Statutes of New York and Massachusetts
contain similar provisions to our own, and the
Conrts have not considered them as affecting the
rights of parties in any otber respect than the
payment of tbe pilotage.
Chancellor Kent in his 3rd toL Com. 238,
says, that tbe Pilot while on board has tbe ex
clusive control of the ship. He is considered as
.Master pro bae vice, arid it injury is sustained in
the navigation of tbe vessel, while under the
considered the same, we are of opinion that the
judgment of the Chief Justice should be affirm
ed ; and we adopt bis reasons with this modifica
tion. The section 608 of the Civil Code, reads as
follows ;' All vessels entering port shall, if so
requested by the Harbor Master or any pilot,
rig in their jib, flying jib, and spanker booms,
and spritsail yards and toi their lower and top
sail yards, wilbin 24 hours after entering such
port ; nnd in all such cases before attempting to
come alongside of, or make fast to either of the
charge of tbe Pilot, he is answerable as strictly docks or wharves, and keep them so rigged in
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m Corner Queen and Fort Streets-
So the
listi law stood until the decision of Dr. Lushing
too in the case of the Protector. The cases re
ferred to above were overruled by him nnd held
the true rule to be, that the statute took away
the responsibility of the vessel, when tho acci
dent was imputable to the fault of the pilot alone.
It may be regarded as tettled in Knglund, that if
the pilot is alooe io fault, tbe owDcrs are not lia
ble. The 6ame question was involved in tbe case of
the steamer China, 7 Wallace S3, which was de
cided by the Supreme Court ol the United States.
This steamer, u foreign vessel, was bound from
the port of New York, and being- in pilot waters,
and in charge of a licensed pilot or that port, ran
into a vessel of the United States and sunk her.
The collision, as the Court say. was occasioned by
the gross fault of the licensed pilot (hen in charge
ol the vessel. The Court decided that under the
statute of New York, vessels were compelled to
take a pilot. Bat held further, 7 Wallace 53
(the statute containing no clause exempting tbe
vessel or owners from liability for the Pilot's mis
management,) that the responsibility of the ves
sel for torts committed by it not being derived
from the law of master nnd servant, or from the
commou law at all, but from maritime law, which
impressed a maritime lien upon the vessel in
whomsoever hands it might be for torts commit
ted by it, the fact that the statute thus compelled
tbe master to take tbe pilot, did not exonerate tho
vessel from liability to respond for torts done by
it, as, ex. gr., for a collision, though the result
only of the pilot's negligence."
Mr. Justice Warejsays in his 2d volume (89. The
Huntress) of reports that "a Couitof Admiralty
is a Court of the law of Nations and derives in part
Us jurisdiction Irom that law. I he maritime law in
its general principles, as applicable to shipping has
a higher antiquity thai, any other existing system
of law, and has become so folly recognized by the
commercial world, that no Court can with pro-
firiety depart from its principles and practice, un
ess by Bpeciul net of legislation. In Kngland
the maritime law has been superseded by ao act
of Parliament as to the liabilities of owners of
vessels in cases of collision, but no such enact
ment has been made by the Legislature of this
Kingdom, and therefore this case must be deci
ded upon tbe general principles of tbe maritime
law, unaffected by statute provisions, nnd Ibis ren
ders the vessel liable for a collision attributable
to the pilot's mismanagement ; and it can only be
upon the ground that the general admiralty laws
have been superceded by nn act of Parliament that
the owners of vessels are exonerated from liability
in case ol collision.
In tho case of Yates et al. ,vs. Brown et nl. 8
I'eck, 23. The facts in this case are very similar
to tbe case at bar, aod the question reserved for
the whole Court was. whether, there being a per
son duly authorized lo pilot the vessel, the own
ers of the vessel were liable for an injury arising
from negligence or mismanagement in navigating
the vessel out of tbe harbor. Parker, C. J. in
giving the decision of the Conrt, says, that the
owner ol a vessel, which through the fault or neg
ligence of anyone on board, injures another ves
sel by running foul of ber, is liable to the injured
party, although there be a pilot on board who has
tbe entire control and management of the vessel.
Tbe same principle is recognized in 1C0. 161.
Abbott on shipping and note to the American
edition : Bossy vs. Donaldson, 4 Dotlers. 206.
Fletcher vs. Rroddick, 5 Bos. nndPul., 182. Tbe
bark Ilty, Olcutt's Adm. p. 329.
It is nrgued that as tbe statute compels the
payment of half pilotage, that it is compulsory and
therefore exonerates the owners from responsi
bility. Tbe stalote, judging from its terms, was
not passed for such a purpose, aod does not in
volve any Euch coosequences. It was passed
merely to sustain the-system of pilotage, and for
do other purpose whatever. Tbe Court would re
quire clear and explicit enactments by tbe Legis
lature before it would be justified by the maritime
law to charge its principles and alter tbe ordinary
rules of judicial construction. To displace a lien,
and defeat a recourse in rem. aod thereby release
recognized responsibility or impose new obliga
tions as well as to limit tbe rights of tbe parties
injured to the individual pilot, cannot be inferred
from such a statute although tbe pilot is answera
ble like other persons for any barm he may do,
by negligence or default. It would be a summary
mode of defeating the great principles of Admi
ralty jurisprudence, wbich no power can do, ex
cept a Parliament or Legislature, and that ia ex
press lermsi.
It is very true that by lection 388 of the Eng
lish Merchant and Shipping Act, that no owner or
master of any ship Bhall be answerable for any
damage occasioned by tbe fault of tbe pilot, when
the employment of the pilot is compulsory. Had
the same principle of responsibility been recog
nized prior to the statute, it probably would not
as ii he was a common carrier for his default,
negligence, or unskillfulness. and the owner would
also be answerable to the party injured for the
act of the Pilot, as being the act of Ins agent
It is contended on the part of the respondents
that the BareDstondale was solely to blame, as she
was in an improper place and obstrncled the navi
gation. The Civil Code requiring lhat all vessels
I hut may enter any port shall he anchored in tbe
place desigoated by t Its Harbor Master, It is io
evidence that tbe Harbor Master moved the
vessel and he says that ' 1 regard the Uavenston
dale to tie in a perfectly safe position." He adds
that when the Kaveustomlule first arrived " we
put her along side the wbarf to get iron out, that
tbo sbip might be repaired and then we dropped
her off.'' lie says, that she occupied a little
over one third or the channel, that she is 21)5 feet
long, and 2." feet from the whaif und that there
remains more than fivo hundred feet of clear
water.
It is a well established maritime rnle that when
a vessel is entering a harbor -i.v is bound to exer
cise great care nnd diligence.
CulbertsoD vs. Shaw. 18 Howard, 584. 587,
Ward vs. Schr. Durisman, 6 McLenn C. C. 239.
If a ship at anchor and one in motion come in
collision, tbe presumption is. that it is the fault of
the ship in motion, unless the anchored vessel
was where she should not have been.
Strout vs. Foster 1 Haw. 89 ; The Sciota,
Davics 3"9.
But whether she be in a proper place or not,
and be properly anchored or not, the other vessel
must avoid her it it be practicable, and consistent
with ber own safety.
Per Dr. Lushington in the case of the Batavi.i,
10 Jar. 19; Koofflton vs. Sundford, 32 Maine
148.
It cannot be denied that the steamer could
have avoided tbe ship, as the United Sates frigate
Pensucoln bad done in passing throogh the same
portion of the harbor prior to the collision and by
the steamer .Mikado subsequently. It will be
borne in mind that tbe steamer entered tbe har
bor in the day time, in good weather andtheship
which was in full view, occupied hut a litlle more
than one third ol its width. But the pilot prob
ably took the course be did, which was direct to
the steamer's wbarf. relying upon the steamer to
answer his orders promptly. He attributes tbe
accident to the bad steerrng of the steamer, nnd
he adds also, that bud she backed iu time, and had
the anchor gone down, nnd the jib been hoisted
as ordered, the accident would not have huppened.
But tbe Muster of the steamer attributes tho
accident to tho jib boom of the ship being rigged
out, aud to save tbo jib boom by a reversal of the
engine tbe accident occurred.
There is most contradictory evidence in rela
tion to the management and uction of the steamer
immediately before the collision ; but I do not
regard it necessary fur the purposes of Ibis in
vestigation to analyse it, and to give an opinion
as to its comparative weight, us it is immaterial
in view of the circumstances of this cuse whether
the fault was with the pilot, or the steamer, for
in either case it would not be a defencu to this
suit. Indeed it is the duty of the Court to con
fine its decision to the rights of these parties,
und not by indirection, give an opinion affecting
the rights of others, which have not been repre
sented. There is no pretence that the injury occunred
by inevitable accident, und it is very evident lhat
it wus not necessary for the steamer to be in
such dangerous proximity to the ship.
Mr. Justice Clifford said in the case of Wake
field et al. vs. steamer Governor, 1 Vol. Clifford's
K. 96, that occurring as the collision did, in the
day time, and in good weather, and at a place
where there was no want or sea room nnd no ob
struction to the navigation, it is clearly a case,
where the rule applies, lluit a sailing vessel shall
keep her course, and leave it to the steamer to
adopt the oecessary precautions to avoid a colli
sion. The rule applies with more force to a vus
el at anchor.
The respondent contends further that tbe libel- I
lanls can not recover, inasmuch as tbe vessel had
violated the law in not rigging iu their jib and
flying jib booms.
By Sec. 608 of tho Civil Code it is enacted
that " All vessels entering port shall, if so re
quested by the Harbor Master or any pilot, rig
iu their jib, Hying jib, and spanker boom9, anil
spritsail yards, anil top their lower and topsail
yards, within 24 hours alter anchoring in such
port ; and in all case9 before attempting to come
alongside of, or make fast to either of the docks
or wharves, and keep them so rigged in and top
ped until nilhin 24 hours before leaving the hur
bor and until after removing from any wharf or
dock, under a penalty of a fine not exceeding
$100."
The Harbor Master testified that "he did not
direct the jib boom to be rigged in, and did not
consider it necessary, and adds, I regard the Uav
enstondale ns being in perfectly safe position.
It is not incumbent on vessels, unless request
ed by the Harbor Mnster to rig in their jib booms
and it is not pretended that any such request
was made.
But it is contended, that while a request is ne
cessary for vessels on entering the harbor, it is
not made imperative by the last clause of the
Section, in which it says, " that in all cases before
attempting to come ulongssde of or make fust to
either of tbe docks or wharves, und keop them so
rigged in and topped until within 24 hoar9 before
leaving tho harbor, and until removing from any
wharf or dock, under a penalty of a fine not ex
ceeding 8100."
This presupposes that tho vessels have rigged
in their jibs, jib booms, ic. on entering the har
bor, and it makes it imperative to keep them so
rigged in nnd topped until 24 hours before leav
ing the harbor. 'Pie penalty applies for a viola
tion of law on entering the burhor as well as
when the vessels come alongside of tbo dock. It
is an entire section nod inu9t be in connection
and from the evidence there has been no viola
tion or either provision.
Tho Counsel lor the respondents contend
"that Courts of Admiralty iu suits between
foreigners will decide according lo the laws
of the country to which the ships belong."
This posiliou is repugnant to the general prin
ciples of International law.
In tbe case of Smith et al. vs. Candey. 1 How
H. 28, which arose from a collision in the port of
Iverpool, between two American vessels, tbe
Court ruled, that the question whether there is a
legal liability for the consequences of a collision
in an English port, must be determined by the
laws of England, and that when a collision occurs
in a port of a foreign country, the rights and
responsibilities of tbe parties are to be determin
ed according to tbe laws of that country.
Conkling admt. 305.
1 suppose that courts always regret that
foreigners can not be remitted to their domes
tic fornm for tbe settlement of their difficulties
and for the adjudication of tbeir legal rights.
Bat it is a duty imposed by international law
and as a matter of comily. In cases like tbe one
at bar lo entertain the jurisdiction. Indeed tbe
borne foram is so remote, that it might be regard
ed as a neglect of international duty and a decid
ed want of comity, and lo some exleut a denial
of justice, to refuse to entertain it. But when
court entertains the jurisdiction it must be gov
erned by the laws ol fhe country where tbe act
complained of took place.
In view of tbe law and circumstances of tbe
cose, I am of opinion that a decree must be en
tered for tbe libellants. I regard tbe true mea
sure of damages to be the amount fully sustained
by the parly at the time and place of tbe injury.
nnd topped until 24 hours before leaving the har
bor, and uutil arter removing from any wharf
or dock, under the penally of a fine not exceed
ing SI 00."
The construction that we have placed npoa
this statute is, that tbe words, "in all cases." in
the fourth line, refer to the time, thus, if tbe ves
sel on entering the harbor, comes to anchor and
is requested by the Harbor Master to rig ia ber
booms &c. she may have 24 boors wherein to
obey the order, but if she is to come alongside
the wharf, even though it may be on the day on
which she arrives, and is requested by the Har
bor Master lo rig in her booms. &e. she must do
so at once, and cannot wait for tbe 24 hours af
ter the has got alongside the wbarf. Bat the
request of tbe Haibor Muster is always necessa
ry, in order to impose upon the vessel the obli
gation lo rig in her booms.
But eveo il ibis be not the proper construction
of the statute, aod if Ibe Uavenstondale was in
disobedience lo the statute iu not having rigged
in ber jib boom and flying jib boom, though oot
having been requested so lo do by the Harbor
Master, il would furnisb uo deleuce for the
steamer.
Tbe only question is, whether the Cyphrenes
was in Unit, and whether the steamer could have
avoided tbo ship, .f proper precautions had been
taken; and it would be superfluous to enquire,
whether tbe sbip wus obeying in all respects tbe
barbor regulations.
" When the collision was caused by a vessel
haviug the power to move or stop at her pleas
ure, in a channel ol sufficient breadth, without
any superior force compelling her to tbe place or
collision. Tbe fact thul thest earner did collide
with tbe ship is conclusive evidence lhat she wus
not properly managed." (Granite Slate, 3 Wallace,
314) mure especially nhcu it is shown that tbe
collision occurred in broad daylight and that the
ship which wus moored to tho wharf, could be
seeo all the way from the entrance of the harbor
aud eveu before entering.
The Court while affirming the judgment of the
Chief Justice adopts bis reasoning witb this
slight modification.
ElJSIIA II. Al.LKM,
Ciias. C. 1 1 ...i,:-.
A. FitANfis JboO,
A. S. Hart well. Proctor for Libellants; E.
Preston and E. T. O'Halloran, Proctors for Ues
pondeots. Houolulu, October 20th 1875.
aQal work of teamen when a sbip meet with a
disaster, and it doea not appear in any way, that tbe
crew either demanded or receivad aDy extra wagea
We regard tbe Captains bill as far as the per
diem is concerned as reasonable, and allow tbe
Uavenstondale for the work done by ber crew
Aogt. 24. 25. 6 and 7tb., 72.00.
On tbe subject of commissions, the employ
ment of a commission merchant in a foreign
port, where the captain is unacquainted with
either persons or prices is a reasonable aod pra
dent thing ; bat it is a fixed principle of law,
that a person may not be an agent at the same
time for persons baviog opposite interests. Mr.
Davin therefore, who was agent lor the Iron
Works, cannot have commissions for making a
bargain for tbe sbip with the Iron Works. It
cannot be snpposed that be would regard it at
bis duty to abate tbe charges of the Iron Works
as against the sbip ; all bis interests and motives
would be the other wty. ss) therefore disallow
commissions on tbs item for the Iron Works and
allow it as follows:
Matting, Matting, Matting!
Cheap as the Cheapest,
White 4-4 Contract Good
CASTLE & COOKES !
On Surveyor's fees. . ,
Harbor Master's bill .
Bolles'bill
Emines'
Consulate
Lloyd's Agency
S 72 00
385 00
121 60
238 42
18 75
60 00
895 77
44 78
exchange, the
Supreme Conrt of the Hawaiian Islands.
US ADMIRALTY.
R. B. AVERY ET AL. vs. STEAMSHIP
- CYPHRENES."
This case came on for hearing before tbe
Chief Justice, who, on the 6th Sept. adjudged
that a decree aboald be entered for the libellants
for tbe full amount of the damages actually sus
tained. From this judgment an appeal was taken to
tbe full Court.
Having beard tbe arguments, of Connsel and
Supreme Court of the Hawaiian Islands.
OCTOBER TKKM, 1875.
AYERY ET AL. TsT STEAMSHIP CY-
PHREXES."
By TFIE Fiix Ccckt.
Having decided that the steamship Cyphrenes
is liable tor the damage which she caused tbe
Uavenstondale by collision, il remains to ascertain
what amount should bo paid for such damage.
The first claim which we will consider is that
for Counsel lees ; Theru arc instances in which
Counsel's lees should be aliowed, but il ba-i nol
been the practice of this Court hitherto, and we
see nothing iu this case which should induce ns
to vary from the previous usage of the Court,
uud therefore decline to ullow Mem.
Tbe Iron Works dill is for 82757.57. It was
tho duty of the Muster ol tho Uavenstondale or
any one who acted for him lo procure Ibis work
done at as Iowa rate us possible, taking into
consideration however, tho quickness of time.
With this view it would have been well to
have invited competition. JThcro are obvious
reasons why the establishment at which tbe work
wus done, should be preferred, for certainly they
ure the best equipped for the accomplishment or
uny such work.
The manager or the establishment testifies to
the effect that the bill is a lair one for this port,
but would not be so in uny other port that he
knows or .and gives as a reason, that they have
expensive machinery und expensive laborers, for
which there is not a full amount of work and
therefore they ure obliged lo make their charges
on such jobs as they may have, higher than tbey
otherwise would make them. This is undoubted
ly true, and the Tact should have been well
! known to the agent or the ship, before be nnder
i took to engage the work at the Iron Works,
i On analyzing their bill by tbe testimony, many
! ol the charges must appear to any one exceed
ingly high. Mr. Young, the Manager of the works,
in his testimony says, that he suggested to tbe
Captain of the vessel, lo put oui some of the
: work, but that the Captain said he wanted it all
dune at the Works under Mr. Young's eye. Mr.
Young further testifies that it was not possiblo
to do all the work in tbe day time (al his es
i tabliehment), und'that there is not enough men
, in Honolulu lo doil io time; and that men cannot
work as well iu the night as in tbe day ; and that
I they charge twice as much lo work ia ibe night
; time as ia the day time, for both machines and
men ; ana lual both jobs, meaoing thereby, the
damage done to the ssme ship at sea and by the
collision were going on at once. All this, clearly
shows, lhat it wuuld bavo been prudent to have
divided tbe work wilb Other shops. And Mr.
Daniel Foster, who has great experience in such
matters, testifies that Ibis would have been his
course.
Mr. Chayter testifies to the effect, that he was
able to do llie workt and bad a conversation witb
the Captain about it, who told him that it must
go to the Iron Works, and Chayter further says
that he could have done the work for somelhiog
less than 82000.
Mr. Weight saye tnat he told the Captain that
he would like to do the job and the charge now
made riy the Iron Works is higher than he the
witness told the Captain. The Captain told him
bo could not get tbe work ; and be further testi
fies, that if he had tendered for il he should have
done it for 81800.
Mr. Chayter says that if be bad sent in an esti
mate he should have tendered for $1800.
On a review or Hie account witb tbe Iron
Works, and in view of this testimony, we are or
opinion tbat tbe Cyphrenes should pay 82000 of
ibe Iron Works account.
With regard to demurrage, if tho services or
otber mechanics had been employed, the weight
of testimony is, that tbe repairs could bavo been
effected in less time.
Mr. Chayter says it could have been done
within a month, and the Iron vVorks could h.ire
done it in three or four weeks without working
over lime.
We are fully aware that rivals ia business are
apt to take a favorable view ol what they them
selves could have done and an unfavorable view
of what others bave done, bat Mr. Foster, who il
entirely disinterested, says ; "if the ship bad been
mine 1 should bave got her away I think in 25
or 30 days."
Capt. Jacob Brown, likewise disinterested, says,
" I think they (the repairs) could bave been
completed within 30 days."
Notice was given that demurrage would be at
the expense of tbe Cyphrenes after the 14th
September. Making due allowance for the time
necessary to procure labor and make bargains, in
view or tbe testimony we adjudge, tbat the Cy
phrenes should pay for demurrage of tbe Uavens
tondale at tbe rate agreed by Counsel 811 9.75 M
per day for 16 days S1915 74
The Surveyor's bill we regard as oeces
sary 72 00
Fore topmast stay as agreed by Counsal . 125 00
New 6gur head " " 300 00
Mr. Emme's bill undisputed 238 42
Mr. Bolles' bill do 121 60
Bill at the Consulate we regard at a rea
sonable charge against the Cyphrenes 18 75
Same of Lloyd's Agent's bill 60 00
Wharfage ia controlled by the same
reasoning which we bave applied to
the demurrage, and therefore we ad
judge 16 days for wharfage, al 23.50 per
day, Harbor Master fee at 89 385 00
The crew, so far as tbey were employed before
the lime when demurrage begins to ran should
be paid by tbe Cyphreoes. but after the demurr
age begins to ran tbeir wages are included in tbe
demurrage, for wbich allowance has been made.
There is nothing in the work done by tbe crew
that entitles them to extra wages ; nothing io fact
was dune by them that it is oot tbe ordinary and
At 5 per cent
There is no reason for allowing
amooots ara to be paid here and the bull of the
Cyphrenes is bolden for tbem, and tho agents of '
Ibe Cyphreues must take tbeir own means of
raising; tbe money. But interest should M al
lowed upon tbe ainoant found due for dumage
done to the Rnveustoodale by the Cyphrenes from
the day when the amount was ascertainable, which
we find to be October 4th, the day when tbe re
pairs were completed and the accounts in a condi
tion to be settled, the rate of ioterest being 9
per cent, tbe legai interest of Ibis country.
The amount wbich we have adjudged
to be duu from tbe Cyphrenes is 85353 29
And interest al 9 per cent 36 13
In all 5389 42
RTCAriTl'LATlO.V.
Iroo Worka 2000 00
Demurrage 1915 74
Surveyor's Bill 72 00
Fore Topmast Stay 125 00
New Figure Heud 300 00
Mr-Kmmes' Bill 238 42
Mr. Bolles' Bill 121 60
Coosulate Bill 18 75
Lloyd's Agent's Bill 60 00
Wharfage 385 00
Cuptains' Bill for labor or ineo 72 00
Commissions
Interest at 9 per cent.
1875
44 78
to 28th October
85353 29
36 13
S5389 42
El.IKITA H. Al.LI.H,
I Char. C. Harris,
A. Frahcis Jl'DD.
A. S. Hnrtwell, Esq.. Proctor for Libellauts.
Messrs. Preslon and O Hulloran for Uespood
ents. Honolulo. Oct, 28th, 1875.
B. H. Lyons' Compound
1 FOR THE WDIWr
CHRONIC OR RECENT DISEASES,
VIZ:
Rheumatism, Neuralgia, Sores, Cleers, Kraptions,
Skin Diseases, Female Irregularities and tlao
eral Debility, Asthma, Disenses of tb.
Throat, Liver and Kidneys.
PURIFYING THE BT.00D!
Il v giving Health and Tone to tbe Gastric Juices.
If Kill, IP fiflflffi!
....-IX.....
STEAMER CYPHRENES I
FROM
San Francisco. New York ami Engta,
Consisting ia Part of
A VOSKEAG DE5IX S,
A Fine a ad Mediant TVskiags,
Assoskeag Bro. Drills, Asaoekesg Bias Drills.
Fine and Medina WhiU Fla.Mll.
Cshleaefced Ortsoat.
One Cass of those Superior O. B. Blestasai Csttoaa.
ALSO
Downer's Kerosene Oil,
FROM BOSTOX. ALeM),
Harden sad Plantation Hoes, No. 1 sad : Maltneks
C. S. Spades, Shovels. Scoops sad Rake.,
Handled Ax.s, Hatchets .Shingling .sd As. psutara
Rim Knob Look. Chest aad Pad locks. As.
Clothes Pins. Raw Hide. Saab Cords. Ssad Papsr.
Sash Cord. Syringes, Mucilage. Horse Cards,
Sledges, Champers, Horse Nails aad Shoe Iak.
T Hinges i to U ia.. Tioasd Tasks ts U in.
W. W., Paint, Shoe. Serab and Varnish Brashes,
Self Heat Irons, Mason's Blacking.
Cora Starch, Whiting. Metafile Punt.
Snow White Ziae, Kasttra Brooms, Patty,
A largo Assortment of Chimneys, Cosasaoa. Clipper,
San. Perkins A Howes. Ac.
Lanterns, Kerosene Wicks. As.
A few doaen of the best Patent Glass Preserving Jars,
ALSO
Per Jane A. Falkinburg,
Oregon Dried Applss. Oregon Haass
Fresh Salmon, I and 2 lb. lias.
Pile! Bread.
Also, on hand,
Paris, Eagle 2 aad 2i). aad Clipper Plows,
Cultivator, Horse Hoes, canal Harrow.,
Cane Knives, Scythes and Snaiths, Ac.
Cat Nails 3d to Sd, Cat Spikes i to S inch.
Files Roond Square, Flat aad I.P.unad. ( ts IS ia.
A LARUE ASSORTMENT Of
Shelf Hardware, Saddlery, Paints & Oils
.aHu.-ixIO. 10x14. 14xIJ, dfce..
AND
V Large Asst. of other Goods,
WniCH WILL BB
Sold at Low R.atos
BY
CASTLE A COOKE.
i57 3m
1875.
1875.
SOMETHING NEW
B. H
See Directions fur Using
LYONS' FLUID COMPOTJNIX
DILLINGHAM &fo.. Asenls.
SAVE YOUR MONEY.
I E 1 mm: kmc x: is IISjs
AND FOIl SALE
O.W HAVD
NEW GOODS
rjs, 11 1
C. R. SALMON BELLIES
In VI 1-2 lb.
Just Received by
AFONG & ACHXJCK,
PKR BARK
3 cl "7C" tx x ci Jamos
ARRIVED
FROM HONGKONG! CES
EXTRA NO. I,
Kllts, 20 I
Kltu,
s. Hilts and S3 Ik.
! White & Colored Rattan Matting,
matting, Hattan Chairs,
-Manila Rope, Peanut Oil,
Nests Camphor Trunks,
i Fine Tea, Basket Tea,
China Hams, N'ankin Cloth,
Japanese Umbrellas, Assorted Silk,
i Silver Ware, Ivory Ware,
Sandal Wood Ware, Lat qnered Ware,
China Ware, Canvas Shoes.
; Straw Slippers, Clothes Baskets,
Flower I'ots, Wrapping Paper,
i Dried Ligee, Dried Dates,
Gold & Silver Jewelry,
Tortoise Shell tfe Crystal Jewelry,
I Gentlemen Jo Lailies 1'u.tv Hats,
China Brick ife Side-walk Stones
HIXOLK AND DOCBLE
SI (JAR HAT BASS
A Great Tarletr ot
OTHER CHINESE GOODS
Too nassseroato mentions.
FOR RALE BY
AFO.VU dr ACIIK K.
531 -.y Nuu.nu street, near King.
Full welht, tnorouchlr p K warraoud lo as.p nm
and good.
FIR BELOW MYTHII6 OF THE HMO
In the r.r
AXJBO
PARLOR ORGANS !
PARLOR ORGANS!
TO ARRIVE
PER SHIP ' CEYLON,'
35" H3 W
SUPEHIOB PARLOR QMS!
BBLS. COLUMBIA RIVER SALMON I
SEASON 1875. No. I,
300 I.b. Esu-b at equally LOW P Birrs !
ALSO, A FEW BARREL"
C. R. SALMON BACKS
No. 1 EXTRA. SEAJscsX ISS7S.
Two hundred pounds each al s. AXKO
A FEW BBLS. C. R. SALMON
NO. 1, SOS LBSI. IACU,
HEAstOX 1474 AT THE LOW FRIrX F t.
sr Buyer are respectfully rea.oe.ted to esB wl s
amlne for themselves, "fcs
er Order. Irom tb. Trade, Or, aod I.I..S. awaefwllr
soUclted and promptly ailed.
E. C M'CAN DLE88.
MO tm riMH MARKET. ST ALLS S eS S.
Just PulDllslieca.
an agaw swa
HAWAIIN GUIDE BOOK!
- cosrr.isssss -
AtlAX nv
rt'KAL
NEW JUBILEE ORGAN.
PASTIES IS WAST OF A SICE ISMTRl
m.ot. At Reasonables Rates I
Will do well to rhocMA from this lot
hare jr. ven yimtmcUom.
FOR SALX BT
CASTLE t COOKE,
Agents,
A BRIEF DEWRIPTIOS Og THE HA
LANIX, TIIKIRMIARBORS), AURICI
RKSWOVKCSS1., PLANTATION'S, BCSNKhV.
VOLCANOES!. rUSATK. rVJFCLATtOS.
AND OOMMXKCX ; wkA
-eV Xap, -A- WssJLl Index,
AND -
REFERENE4-E TO S EARLY TWO Ht S
liSKU T.rpkc. of mstssst, as ian.ua tm b. nSM is
this Orosp.
This Really Valuable Hand-M,
CONTAIN ISO 14 PAOEft, t
Should be in the Possesion
OF
Etery one intewtinn to visit Ait Group, or
teekiiuj information about Ik Itlumb.
It give jutt the information want
ed fry tourUlM antt immigrants,
trith cost of
XraTeUaasr, I.lslsasg. I itttasl ss dee.
1110 Sixty
MjvUd to ny patrta of tm ruild 9taasM or Enrop.
For 75cte., Full Postage Prepaid-
ADDRESS)
B. M. WH1T.1ET. Hi llaSs.
white A H u r.li. ass rnacSsa
US sa QOKDOS m OOTCJH. SySSMy. N. a. w.
25,000 China Bricks.
EXTRA HUE. WILL LAY AgcOtT mm PKR
casts aaor. toss California ortck, nseteit par ass a
Krlk, and for sal or
Ray II. 1S7. BOLXJCT A CO.
Greenbacks Wanted.
FOR WniCH THE rilUllKAT PRICE WTI I
be paU at lb. Bookstore of B. K. WHITS SIT.
4M N.11 10 rws OSsis

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