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SAVE TIME AND EXPENSE !
BUY THE CHAMPION POST AUGUR, OR POST HOLE DIGGER!
aim, THAT TH BEQ1 IkFD TO OOWVUCB AM ONE OF
Acrea. merits of thk implement Is for tbew to fee It cpeiato.
'Iwrp tbr tumble, iu ihown In the cnt ; drive It Kharjrly Into the cronnd.
nlwsyp P'nkhip In the nine iilace. or new It, tuitfl the earth RttcLt In the
cylinder; raKf (t oit and drop It on in ftonni aMewtoe. boldluff the
Iwuidle in thp hand, and the earth wUI fall ont. TitV THEM !
We also Offer For Sale,
Na tfntln Plows, Am-' nk rAh Mai, Harrow, ultlvatnnt.
'liampkti Howli v MarhtDPM. f.wr-hn Hr-Mt. !;:.- lloca. Grub Hoes.
rVtr. Axt. lick Matt'K-k. cm. .Mmh.'Ik, spades; Wood. Jrou and Steel,
Itakea; I fen I : . - )x Ravi, 4 u Yo f, Ui OMtet, Srvtli" pnatha, UrinA
Strm-s and Klxtnrea, 115 I tiers, J-ji:U- Feed cutters! M ueei and canal
Barrow n, and other
Tie !' " hand a Sjdfndid Assortment of
Builders' Hardware A Mechanics' Tools
And are constantly making adrtmoi, thrreto. We make specUltiea of
House Furnishing and Ornamental Goods,
Lamps, Lanterns, Chandeliers, and Oils.
OUTL E R Y !
WmmfmlnSt' 'all Ti riW"" A r
Seines and Twines, Fish Hooks and Lines
Agents for the Averill Chemical Paint (1o.
THIS PA IXT IS MIXKI) READY FOR DHE,
And ran b had In H, , and . call on rnntalnrs. A very lure 11 quantity Is being: sold In the Unitxl Matm, and it hi
MM b ba ftaprrlr to nn other lnlal umn. We have in stock at pn-a-nt only the ure White, but mn
deliver any quantity, of thirty nine dlfprvnt shad and colors, .which ran be selected from a sample card at our otlW,
lu atxty amya from tiu tune we reoeiv' the order.
Wf art in f'ommunwation wkk JTattvfarftrrrr tmd Agents of all kinds of
IMPROVED FARMING TOOLS AND MACHINERY!
AMI RENPEITI'I 1.1.1
Solicit Orders for any Class of Goods in Our Line !
Uood 10 ont line not obtainable in thin Market. f will IMPORT TO ORDER, from Mm land, Gorman)', or
uv part or the I'niled Stateu, on the moat liberal term,. .
DILLINGHAM & Co.,
lime Mr, I.
AX INDEPENDENT JOURNAL,
DEVOTED TO HAWAIIAN PROGRESS.
(supreme Oiu t ol'thc Hats uiiun
and In liquify.
JAMES I. LOWSETTet al , r. KA PILAU.
DkClSloS IT JcDO. J.
This is a bill in equity prujiti"; that a deetl of
conveyance uf John !;!. deceased, to defend
ant. Dated July 29, 1868. of certain premises on
bmilti alicet, Huuululu, be declared null and
The petitioner are James I. Dowselt. au al
leged ere Ji tor and ulsu niortugee of deceased, the
iulestate'a udmitiislralur, Wubiiieslolia, nidus
and heir to one half iu: estate's property, and Sa
rah 1 ;, rr- r and ulbets, beii.- of the other half.
The bill, as amended, aver that laid Booth.
beiii indebted at the date of the voat'eynuve. to
sundry persons, n.iininrr some of them, made the
aid conveyance with intent to delnind uod evade
Ins creditor:,, and that il wa- fiauduleDt, withutit
(;1 eouaiiAalioil and i.oi bnnn tide.
Il is not questioned that a ruluntary convey
ance may be avoided by antecedent creditors,
though i;ood as uin '. the grantor and his heir;,
' A voluntary conveyance is not a nullity, but
binds parlies and privies. It may be avoided by
ducted. Taking tbit oat, Dowsetl books ifaoir
a credit to Booth at date of his death of ST0.38.
He paid Aag. 11 1871, to widow for
mourning apparel, carriage &c $30 00
He paid Sept. 3D, 1871. to E. H. Rog
ers for a borse bought by Booth 40.00
He paid Feb. 14. 1872. to al. T.Donnell
for coffin ai.d funeral 55.00
And two other bills of the amounts of
$15 and 819.. 34.00
Dedoctineamoaol to Booth's credit,.. 311.78
Will leave 88S.C2
Not computing interest which must be added.
Tbete charge- ull duly venfieil, and were made
by Dowseti to persona who might leasonubly tup
pose that be (Doweett) bad authority to act us
administrator. They ure therefore binding upon
the rightful administrator afterward appointed if
he hud assets of the intestate. See Thompson
ca. Bardiof, 20 Kng. L. Ilg 145
I do not ailow a payment of 25 made by Dow
sett to K. f'resloii, March 13. 1872. for this is ad
mitted to have been on account o( legal service
to the widow.
The taxes ($5.00) on the real estate might
very propirly have been paid by the inortugee in
possesion and accounted for against those hold
ing the equity of redemption, but as they were
paid by the administrator 1 consider this amount
any third per.-ons whose interests are itiler.ded I an piupeny uuuou mi iuu amv voo.u
to be defeated bv it." Itundall vs. Fhillins. 3 i binds the administrator.
M jiii 1 1 W7
HUNT'S REMEDY. INFLATION.
mHIS REMEDY WAff ORIGINALLY PR1
liroinv it; Hunt s- family. Joliu Hui.t, aired ii'Hjnt 4$,
of a stout and plethoric habit, wan seized w.th a sudden
attack of ceneral dropsy, which In a fpw days : :
Ida lhe ordlnmry remtdt had all proved infnea-
cioui. and under their use the patient wn hut UlUnc into
an aiarmloK state. The dropsy was general &nd extensive,
!? swelled to an enormous ante and the water iiicressituc
imp! J i-' If" vu entirely unable to lie down to bed, and
was furred to rtwialn nucht and day In a ait tine posture,
riili atat-of iblrma nontintiefl until by the e.-lvi . : the
libyai'jlati alluded to. the present remedy was tried. In
c-onsequenee of Its peculiar nataru It was necessary to pre
lare it with crnat car-, and in order to Inxure This It waa
latruated to tlie family of Mr. Hunt m procure auu com
Th- remedy was administered, and almost from the
moment of Its reception u derldd Improvement )eeamc
manifWL Ttt'- kldiwyn were imtnedlatply nil Voted and
roti'-. u O'-titui : tb- fswetlltur of lite lees rapidly snb'lded.
tbe )utit wen- freed and resumed their healthy and (
iTreeabl a'-tion : the flcab gftM resumed its elast Icily.
oaktnc ' remain inc. and he wait rapidly convaleaclne.
when unfortunately, prompted by this rapid Improvement.
he KKVe up the remedy for a short ttni1
everlnjt nae of it i
srae unfortunate, for the en rati ve process was ar
1, the kldneyn flanted In tbetr action, attain beeom-
rater iiicrvased with friRhttul rapidity
found hinifwlf In a very aiurmintr ftate.
i:' nn had recourse to. and by Its perse
ur was a s?c.nd lime subdu -d. But
irravated and nevere caar, and it took all
Ceniedy. combined with rare and time,
feet of the di "f . Hut tbn.och a per
i permanent cure was effected, and he
raujii.-J h-active ouwif-door ix-mpation, wittiiu a short
utBe, a well mat)
Ttue was the manner In whlrh the Kemedy was lr. .x:ht
into niitte', and amee tiieo for a period of twenty Ave (25)
3 -ear tbe medicine lias been prepared after tbe same ap
proved formula by Mr. Hunt, and used by our first pbyal
eiauis tn their nrlvnte i.ra t for this and Klmllar com
It ha been well and favorably known and extensively
u. RMi'-i'd t hut time by a; 1 .Ihu'.i-, hotli whli mi'l without
tbe advlfe if pbyRirians. mid has been the means of aavlne
from a in: and frtrhtfol disa.ie. and untimely death,
many uf oui room estimable and well-kuown dtlaeua,
The .nly known ttmedy for BrUrht'd IMseaM', and has
cured every case of liropsy in which it han ben
Kiveti ; Irritation of the Neck of the Bladder Infutm'ati'n
afflbt Kidney m I'leemtlon of the Kidneys and Bladder
la strietur,and for Knfwhled aud Delicate -OunKUtutloun
of both sexes, atieudcd with the fl
lowlnc symptun : Loan of pna-.-r. Low of Me
m..n . Diifirulty t BreatblnK, Weak Nerves, Wakefulness,
Painful assl Dracciuir Henaation In the Back or Loins.
Klulilnc i.ftbe Bod v. Krtiptionb on the Face, JWhd Coun
cenanre, Lassitude of the System etc
Has been before the public for more than twenty years,
and I in ben the means of savins from Imperliis and
frhrhtful disease and untimely death bundreds of our most
estimable and well known citisens.
This Medicine was Never Known to Fail.
Price $1.60 per Bottle.
DILLIX..IIA S CO.
v Ti Sole Agent: for HanaiUn Islaud
aTw. PEIRCE & CO.
Offer for Sale
SHIP ( IIA VliLKKV
WHALE BOATS AND BOAT STOCK,
Lime and Cement,
By Meaner from Sas Francisco,
Potatoes, Onions, &c.
H&i occamulated to socb an extent per tbe Steamer
" City of San Francisco !"
That it needi
Brand's Bomb Lauoe,
Perry Daris' Painkiller,
Knowlcs Patent Steam Pumps
C. BREWER & CO.,
Sole Agents for Hawaiian Islands
Per Syren from Boston
ABOVE CELEBRATED PUMPS, FROM NO. 2 TO 6.
AM) ARE RE A DT TO RECEIVE StRRERS
for nv of the pumps of this uuikv Co be tunrarded
orrrUDd If nec-warj-
BOILER FEED el MPS.
aYRl'P PI MPS
VACI TM PIMPS.
Paraps Kr Hot or tolrt w.tcr. Bait airr
Frirm anil other information gvn by
SM Ml C. BREWER CO..
EXH ofGERM A Jf , SCOTTISH Rad SAt'REB
Tbe Home Circle, rota. I, 3 and 3.
The Nllver Chord 91 luteal Gem.
The Piano at Home Itanlafe Album,
llano Porte Oema The Musical Treasure,
liems of Slrauat Opera BouBTe,
The OrraD at Home Carmina Sacra.
Richardaoa's Ptono Forte Iuatmtur.
And all the popular 8. 8. Juvenile tune book., with
vocal ana metrumci'tal.
iim ForStdebT M. M. WHITNEY.
nrtJED CAP PAPER 12, 14 and 16 Itu. W ti
laca! Cap Paper Hand 16 I be. to the ream.
Broad and Narrow BUI Paper..
Fine Ruled Letter Paper
Commercial and French Ruled Note Paper.
Ladies Baronial Paper and Envelopes, new styles.)
Ladle.' While and Pink Initial Paper aild Envelope.
Ladles' Pain TThltc Initial Paper and Envelope..
A treat variety of all kinds and sizes of Envelope.,
For aaie by
lm H. R. WHTTNET.
KEW MT OF THE I.AWRESCE FAC
tory an aawn Hill sal of Numbers received per C eylon
for sale low ny bswi
Tliis ACleg-.nit Stock
CosrsixTS artasc folmhiw elegaxt
Lsdie Riveted Sole Leather Trunk$,
Ladies' Riveted Bridle Leather Trunks,
Ladiea' Elegant Leather Trunks,
Ls'lie-' Canvas-eovereft Trunks,
Ladies' Btata Room Trunks,
OirU' Toy or Doll Trunks,
In great variety and In all colors,
tient's Riveted Sole Leather Trunks,
Gent's Riveted Bridle Leather Trunk?,
Ucnt's Leather Trunks,
Gent's Riveted Sole Leather Valises,
Gent's Bound Edge Valises,
Gent's Black and Colo-ed Leather Valises.
Gent's Patcut Corner Valises,
Gout's Bofton Valises.
Gent's Carpet Valises,
Ladies & Children's Manila School Bags
A REAl TIF I E USE OF
Dolls Trunks !
JUST TO HAND!
A Beautiful Line of
GENT'S SHOE WARE !
Incladiug the celebrated
CORK SOLE GAITERS,
Now so generally used In tbe t'olted States. This Shoe Is
PerTwsly R'nter Proof.
A rl'IX EIHE OF KEW SI FEES OF
T JH W 3 ! FL 75T !
Ol all Kind. ttiKl Eatest llnljni.
Watches io Ould asd Silver,
Lockets, Locket and Neck Chains,
Chatalains, Gent's best Chains and Guards,
Gold King.,, Diamond Rings,
Silver Porks aud Spoons.
Silver Cake i Fish Knives,
Silver Butter Knives,
Sugsr Shells, Ac.
Ladies yon are Respectfully Invited to
EXAMINE THESE NICE GOODS
Before Purchasing Elsewhere.
tm- M. MclNERNY.
HAWAIIAN GUIDE BOOK!
A BRIEF DESCRIPTION OF TUE HAWAIIAN I8L- !
AND?. THEIR HARBORS, AORICt lTCIlAL RE
BOUBCSS, PLA.VTATIOXS. SCE.NEKY. VOL
CANOES. CUM ATE. 1-OPCI.tTIO.V. AND
-A- 3VCjt, A Tpxill Index,
KEKERKNCES TO STEAKLY TWO HCS
DRFP Tupici of i.tereu, or places tu bs visited in
This Really Valuable Hand-Bock,
CONTAINING 1M PAGKS.
Sliould be in the Possession
Every one intending to risit this Group,
seeking information about the Islands.
It gives just the information want
ed ty tourists nnd immigrants,
vith cost of
TraTellaic I. is tits. Laads, Ac.
Irio Sixty Cts.
Mailed to any part of the Tutted States or Europe,
For 75ct6., Fall Postage Prepaid.
" The huu cannot tel up bis title ncaiuat the
volunmry ultenee uf his uuceetor." Juck;ou ve.
Uurnsey, 1C Juhns, l'Ji).
' A voluntary converaDce of chattels though
void against creditors remains goud against the
patty himself, his adniimstratois und executor-."
Osboroe ve. Moss, 7 Johns, J61.
The law is aUo plainly settled that n voluntary
conveyance, not fraudulent iu ( let, is good us to
subsequent creditors. Converse vs. Hartley, 31
1 Coup. 3, 1. Jiarlou vs. Jones, t? Coon. loo.
" A voluntary deed is void us against uutece-
deLl creditors and not against subsequent credit
ors, unless made with u fraudulent iuteni."
iiiudes lessee vs. Longworlu, il Whealou, 19iil.
" If u voluntary cor.vevutice. by a man not
indebted ul the tune, is bom fide ami out made
with a traudulent iuleut, il is good against subse
quent creditors.'' ijextoti vs. Whealou, 8 Whea
Btt as indicated above.tho itipredieot of fraud al
ters the rule as to tubeequeulcreditursnud protects
lueui. ' Where u viduulury conveyunceismudeund
received with un actual iuteul to defraud the Iheu
existing creditors of the gruulor. it is not a boi.u
fide conveyance which can protect the gruuiee
ugaioat the claims : subsequent creditors."
King vs Wilcox. 11 l'aige. itiH.
" A conveyance io Iruud oi ihe grantor's crcdi
IMI may be eel aside and the luud held to- satisfy
the claim of one u ho did nol become a creditor till
after the conveyance." (1872 ) Pratt vs. Cox,
22lirull, (Vu.) 330.
" A liuuuuleul sou decoitlul conveyance'
of properly without valuable consideration,
and with intent to avoid the right, debt or duly
of auy other person, is invalid us to subsequent
creditors, as well as to those nlio were creditors
ut the time of the conveyance." McLeun ve.
Johnson, 43 Vermont, 46.
But such a conveyance is good against the heirs.
" A conveyance to delrund creditors is good against
the gruulor und bis heirs, and is void only us to
creditors. For neither the grantor, nor tits heirs
claiming under him. can avail themselves of any
fraud to w hich the grantor was u parly to defeat
any conveyance made by him." Drink tvuter vs.
Driukwater,4 Mass., 353.
Hut il is nol good as against his assignees in
''A couveyuncu of lauds which is fraudulent
and void aguiust the creditors of the conveying
parly (within 13 Kliz.. C. :'.) is void ulso us
against his assignee on bis Insolvency, trhu rep
resents the creditors, and the assignee may re
cover buck the lunds in ejectment." Due d.
Orimaby vs. Ball. 11 U, & W. 531,
I uni tttiUfied from the evidence of Daytou,
SoL Thompson, W. C Jones, Barney Fisher and
others, that Booth was, in July 1864, considera
bly embarrassed by debts aud wus being pressed
quite vigorously by his creditois, several ol whom
procured judgment against him.
II is also established by the testimony that
'Booth represented that the deed in question (uf
July 28, 18G8.) was made to deltaud bis credit
ors. He tells Dimuiid on the 28th September
1868, that '' the deed tvas a sham, no money
passed." He tells Jones in the summer or 18G8,
that lie had by this deed to Kupilau, ' protected
his place ou .Smith street, s) creditors could not
get il; that Kapilau was u person be could
At the time of execattng the deed, Booth tells
Fisher, who was living with him, at Kupilau's
house at Kubhi, tout uo had mude Ins properly
over to defendaut, "o Ibat his creditors could
not get it."
And it would appear from the testimony of
Mnhoe, (who claims to be defendant's brother,)
thut Kapilau also so cooeidereu it. He swears .
that in July, 1871. defendant told him that be
and Booth " made the deed to cover up tbe place,
so il could nol be eold under mortgage." " That
the f)00 (consideration) was put in the deed,
but 'hat uo money passed."
To rebut tbis, the testimony of John Naluahi
is offered, to prove that the deed was for a good
aud valuable consideration. He swears that in
May, 1868. be being resident in Honolulu, was
sent to Ralibi by a person (who is now dead) to
procure some herb to be used as a medicine, that
he, while at ICalibi, happened tn ul Ibe bouse of
Kapilau, and saw Booth receive a bug of silver
money Iroin Kapilau and saw it counted, and thut
il was 8500 aud was paid for tho lot on Smith
street, thai no receipt or deed passed then, but
that io July, 1868, be saw the deed in Kapilau 's
possession aod then ho remembered what lie saw
in May, i. e. the passing of ibe money. I bis tes
timony though apparently so truthful is so strange
and improbable that it may well be doubted
whether, even if tbe money actually passed in
May, tho witness can be sure that it was tbe con
sideration of the deed io July. Moreover, it is
inconsistent with Rapilau's admission to Mahoe,
it isincoosisteut with the possession of thefreini
ees by Booth, which 1 find continued until his
death, nor is it likely, if it was a bona fide sale,
thai Kapilau would have neglected to record tbe
deed until after Booth's death. He cannot plead
ignorance of tbis requirement, for be was
warned by McDufi of ita necessity.
Such circumstances us continued possession
and want of record, strongly support the allega
tion of fruud.
Iu bank of the V. S. vs. Houseman. 6 Paige
526. it is laid down where the grantor after tho
execution of a voluntary conveyance to bil sols,
is permitted to retain possession of tbe premises
as ibe ostensible owner, and tbe conveyance is
not recorded, such cootioued possession is prima
facie evidence of fraud as against subsequent
creditors who have given ciedit to tbe grantor
upon tbe faith of his euppoeed ownership of the
Bui in the case at bar, the grantor was deeply
in debt, avoiding meeting his creditors (see Fish
er's testimony) aud tbe sale of bis Waianae prop
erty of Sept. 1668, does not seem to have relieved
bun ; but il would appear Ibat this talc waa ne
cessitated by his other debts, as tbe judgments
against him were not satisfied.
in fact, Booth waa insolvent, if this Smith's
(treet properly be left out of tbe question.
I bis conveyance, too, is not to Booth's wife,
though il would si t-in from Mahoe s testimony to
have been intended tbal Kapilau should be Iras
tee for Webiaealoha, the widow.
'there are many more points in tbe testimony
which might be commented ou at greater leugth.
i have arrived at tbe conclusion, that the deed in
qaestion waa fraudulent and deceitful and with
out consideration ; il is therefore void as ngaiosl
both antectdeul aod .subsequent creditors.
But no antecedent creditor is a party to this
bill, for Dowsetl'a claim fur $200 and interest is
secured by a mortgage on the land in question
which is recorded prior to the deed. His claim
against this land for the 200 is, therefore, as
tuortagee and cot aa creditor seeking to avoid the
Is Dowselt a subsequent creditor 7
Here then, we have paymeots made by a per
son after tbe death of an intestate without as
set?. How far are these payments good against
the real estate of said iutestute ?
At law, the land descends to the heir, subject
to the payment of the debts, if there be a defi
ciency of personal assets, and if there are uo as
seti, the administrator cun by the practice long
obtained in this country, proenro an order of sale
of the real estate for the payment uf these debts.
It seems to me that Dowselt is in uo worse po
sition than the administrator would be in, if he
hud made the payments, or, if the creditors were
still unpaid and the administrator filed bis peti
tion to the I'robate Court for an order of sale in
order to puy them, and in order to pay such dabls,
tbe real estate, although fraudulently conveyed
by the deceased, may be eolJ by the licensed ad
ministrator. Driukwater vs. Drinkwater, 4 Mjss. 353. But
this may not be done to delray merely tho char
ges of administration, lb. .160.
This order of sale has baeu obtained in tbis
case (see records of i'robate Court, re John
Booth, deceased.) and may be proceeded with,
and Ihe defendant Kapilau may be enjoined
against setting up tbis deed as aguinst this sale.
But the biil goes further : it prays thut the
dctdjof conveyance ih question be adjudged void
and ordered delivered up for cancellation.
As laiJ down in a firmer pari of tbis decision,
a deed in Iraud of creditors is good as against tbe
grantor and his heirs.
But iu order to bind the grautor and his heirs
the deed must have been delivered.
Was the dped delivered to Kjj... a ? It is da
ted July 29th. 1868.
Dimond testifies that, on the 28ih September,
1868, it wus in Booth's possession. Oo the 21st
October, 1668, it came from Ibe possession uf
Booth, to thn view of several persons ul the Sta
tion House.'uud Kupilau was also present.
.Mahoe swears that Booth and Kapilau told him
that the deed had been takeu by Booth from Ka
pilau and torn up.
Mrs. Long testifies that Kupilau told her that
begot the deed from Booths trunk nl his house
on ibe night of his death and the recoid shows
that il was not recorded until November 6lh,
1871, nearly three mcuihs after Booth's death..
Tho deed is thus traced back into the grantor's
possession, after il was in the grantoo's posses
sion, as testified to by John Naluahi in July,
Taking all these facts into consideration, to
gether with Booth's possession of tho premises
until his death, I am led to tho conclnsioo that
this deed though once delivered to the grantee
to defraud Booth's cieditors was surrendered to
him, after tho occasion for using it had pussed.
This is not a delivery which would bind Booth
if alive, it therefore cannot bind his boirs.
Tho delivery must he in tbe life time ol the
grantor. Jackson vs. Leek, 12 Wend. 105.
" The presumption that u doed was delivered on
the day it bears date never obtuins when it is pro
ved to have been in the binds of the grantor at a
period subsequent to its dale." Klsey vs. Mot
Calf, I, Donio, 323.
There must be ucceptunco by the grantee, to
coustitutc delivery, (Jackson ex deui, Karnes vs.
Bhipps, 1 Johns, 418 )
And even though recorded there is. no delivery
unless the grantee assent. B.irnesvs. Hatch, 3
N. EL, 305. 2 Wusbb. It. P. p S80.
I am therefore of tho opinion that as the con
veyauco in question was never finally delivered
to Kupilau, nothing passed by it.
Decree accordingly. A. Fm.vas Ji'du,
Justice Supreme Court.
S. B. Dole for petitioners, B. I'reelun for de
fenduut. Honolulu, April 5tb, 1876.
rclss which had existence, at the time tbe trans
action took place."
It is clear that a law undertaking to punish an
offence commuted before the existence of each a
law and by such a law only, declared criminal
would be retrospective and therefore void.
The reason, however, that retrospective laws
ore forbidden, is, that they are oppressive and un
just. To apply these principles to the case at bar
The defendant in June, 1875. bought a drug,
opium, for the possession ol wbicb (by tbe terms
ol a law enactetl in Augnst, 1374) be well knew be
would be liable to be punished, from and after
August 18. 1375.
He is nut sought to 1m punished for acquiring
the property iu June. 1875. but for having it in
bis possession after Ihe 18th of August, 1875,
that is. on the 8lh of November, 1675.
He cannot say that tbe law is " retrospective, '
for be voluntarily acquired tbe properly with am
ple notice of the law and continued to keep it in
his possession nfter its possession was unlawful.
The judgment oi tho Circuit Court is nfiirmed.
Cbus. C. Harris,
A. Francis Jt'DD,
Justices Supreme Court.
Thn Attorney-fJeneral for tbe Crown, A. S.
Hartwell for the defendant.
Honolulu, April 2Mb, 1876.
Matting, Matting, Matting!
Cheap as the Cheapest,
White 4-4 Contract & Good
CASTLE & COOKE'S!
Nnpremc Court ol Ihe Hnwulinu
IwIuiiUm. -April IVrm IH74S.
EMMA Ki I L E LEON A I A XI rs. I100PI0
PIO, el ats.
In considering this case, il is to be observed
that the lease from Hikoni to the several defend
nnts, which has been.pul un file, uuly prufesses to
lease the laud to three persons, Hoopinpiu, Ka
eletnakule, and Upapa. They are. or were to be,
a committee, or trustees fur forty persons not
mentioned by name. By the bill of Costa there
appear to have been forty services. Some of the
people served were nol only not ou tbe land, bat
not on the Island of Kauai and we tiro not ud
vised ou what principle any wore served who
were not uieulioned in the lease. Tbo lorly nro
not meutioued by name, and. for uugbt that is
mude to appear to the Court, did not make
themselces privy in any manner to the contract,
which taHrelj recites thai tho1 three persons
mentioned iu it as parties ol the second part, ure
committee for forty persons.
The parlies who tlid nut bold themselves out
as parlies to tbe transaction should nol have cusls
to accutnulalo against ihem ; and the three real
respondents should tint have costs accumulated
aguinst them capriciously, even if they bad all
made themselves parlies to the contract with
Hikoni and even if in pursuance of thai conlract,
had ntoied upon tho land, it would havebeon un
necessary to have served them all and it would
have been unjust lo have caused them such an
unnecessary expense- Tbo UO.Vh section of the
Civil Code, moreover provides that in cases of
this nature, "service of process opou one of several
defendants ut law. shall be legal service upon all
for the purposes of appearance in court, and judg
ment may beculered against ail such co-defendants
thereon." So that if the plaintiff proceeded
upon Ihe idea that the leasu was unauthorized,
anil she wanted lo have il so declared, sho had
but three services to maku und, by the authority
of the aforesaid slalute. was not under the ne
cessity of making more than one service.
But if the plaintiff disregarded the lease and
concluded to proceed against thoso in actual
possession, she hits proved possession only as
ugaiii9t six. and by Ihe 1129th section, it would
be siinkicnt to serve on those in actual possession,
and if no one be in actual possession al the time,
service could be iaods by posting a copy of tho
process and nutice to iho parly claiming adverse
ly, in some conspicuous place oo tbe premises etc.
Thus it was nol necessary under any circum
stances, to make s- many services.
We therefore udjudge, that the defendants be
charged Willi ouly three services und copies.
Cuas. C. Harris,
A. Francis; Jcdd,
Justices Supreme Court.
A. S. Hartwell for plaintiff, K. Preston, J.
Koil (Jnauna fur defendants.
Honolulu. May 1st. 1876.
18 7 0
PERIODICAL AND NEWS AGENCY
AMERICAN, ENGLISH AND AUSTBALIAN
b'urniihid to Subxcribers within Ten to Twenty Day
from the date of publication.
And at prices that barely cover the cost of subscription aud
Papers Detivtred Free of Postaje in am par'
of the Group.
No Subscriptions taken for Less than Ona Year.
ff- files made np at short notlojfor Whalemen Travslsrs
SUBSCRIPTIONS 1'AYABI.K ALWAYS IN ADVANCE.
NEW HE, NEW GOODS!
STEAMER CYPHRENES !
San Francisco. New York and England
Consisting in Part of
t Fin. and Medium Tickings,
Araoek.ag Bro. Drills, Ainoskesg Bin. Drills,
Fine and MeJigai White Ftann.l.
I'nbl, aeheJ Cottons.
One Cos. of thus. Saperior O. B. Bleached Cottons.
Downer's Kerosene Oil,
FROM BOSTON. ALSO,
harden and Plantation Hoes, No. 1 and ? : Mattocks
C. S. Spades, Shovels, Scoops aod Rakes,
Handled Axes, Hatchets Shingling aod Ax. patters
Rim Knob Locks, Chest and Padlueks, .to.
Clothes Pins. Raw Hides. Sash Cords, Sand Paper,
Sash Cord. Syringes, Mucilage. Horse Cards,
Sledges, Champers, Horse Mails and hoe Ink,
T Hinges 5 to It in.. Tinned Tacks 6 to 14 in.
W. W., Paint, Shoe, Scrub and Varnish Brushes,
Self Heat Irons, Mason's Blacking,
Corn Starch, Whiting, Metallis Paint,
Snow White Zinc, Eastern Brooms, Patty,
A large Assortment of Chimneys, Common, Clipper,
Suo, Perkins A Howes, &e.
Lantern.'. Kerosene Wicks, Jta.
A few dozen of the best Patent Glass Preserving Jars,
Per Jane A. Falkinburg,
Oregon Dried Apples. Oregon Hams
Fresh Salmon, 1 and 2 lb. tins,
Also, on hand,
Paris, Ea;le 1 and 20, and Clippe.- Plows,
Cultivators, Horde noes. Canal Barrows,
Cane Knives, Scythes and Snaiths, lo.
Cut Nails 3d to SOJ, Cut Spikes .' inch.
Files Round Square, Flat and J-Round, 6 to IS in.
A LARGF. ASSORTMENT OF
Shelf Hardware, Saddlery, Paints & Oils
(jUaas-SxIO. 10x19, lilxlS, Vc.
A Large Asst. of other Goods,
WHICH WILL BE
Sold at Ijow Rates
CASTLE & COOKE.
58 J am
IMxe Fine Ix-oio.
jBVaeaaanVx Vaa. x mVaJv
IS NOW LA1VDIIV&
IN SPLENDID ORDER,
Musi mm eooi
Prints, VThiU Cottons. Grey Shirting,
Danim,. Blankets. Twesds, Maslina,
V,lv,t Rugs. Sadodes,
MM Jacket, and Trownr,, Fancy Skirt,.
Ladie, Hat,. Moscjoito Nets,
Skirting, Coonlerp.n.s, Muleakin,
Grenadine,, Whit. Drill,,
A fine Selection of Wool Shirts,
Fin. Laces, Insertions,
Flower, and Fanoy Good,,
Billiard Cloth, Austrian Blank.,,
Canvas. Bagging, Bags, Baiting,
BASS' ALE, pints t&quarts
Blood Wolf. A Co.'s Al., pints and quart
T.nn.nt's Ale, pints and qaarts ;
Th sc!.brat.d "Pig Brand " Stolt,
M.rteU's. Ilennuuy'i and Rubi', jjfandy.
Ram. Geneva, Sherry, Dunrill.'rkisk.y,
Finest Brands of Champagne,
Moselle and Hock, Leland.'s Claret.
WHITE LEAD AND ZINC,
Black and Green Paint,
Boiled Oil. Machin. OU.
iter warn SALE
i. qi Avrini: to
Supreme Court of (lie Ilawnifan Isl
lie A pi ii Term, 1876.
if EX rs. A U WA I, ( Chinaman ).
In Bauco on questiuo reserved.
Oemow dy JuDn, J.
The defendant was indicted ut tbe last term of
tbe Circuit Court for the fourth Judicial Circuit,
for the offence of having thirty-eight tins of opium
in his possession oo tbe bib day of November,
1875, contrary to tbe provisions of the Act of
1874. He pleaded guilty and was duly sentenced
and tbe opium declared forfeit, satject to a ques
tion reserved, wbicb was certified to Ibis Court
as follows :
" Whether a showing that a quantity of opium
was bought by the defendant of Afong & Achuck
on ihe day of June, A. D, 1875, according to
certain billa of sale, hereto annexed, tbey being I Chicago Advance
N. Y. Weekly Herald...! 6"
In- M. Y. M.tlon 6IXJ
M. I. Weekly" Times ... i 00
M. Y. Irish American.. 6 Oi,
N. Y. Ledger. .. 6 0
Weekly Tntinne 3 00
Weekly Zeilang. S 00
Boston Advertiser. I 6.00
Unaton Jo.ia.1 5 oo
Scientific American 4 00
Army and Navy ISO
American Aitiztn 400
Rural New Yorker 4 00
N. Y. Herald 3 00
H. U. WHITNEY, Honolulu
WHITE A BAUER, San IranchKo.
GORDON t OOTCH, Sydney, K S. W
B0IXE3 A CO. j
California Beef in Bond.
RECEIVED PER XJBEIXE ROBERTS
For sale by W2 BOLLES A CO
letl's books, I find that be charged to Booth tbe
$200, amount of hi mortgage to Dimond. If be
meant this aa a payment for and on account of
Booth, ha should have released the mortgage.
But Dowselt took an assignment of the mortgage
to himself, aa an investment. In order to ascer
tain the state of tbe account between Dowselt
and Booth at tbe date of bis death, (August 13,
1871) tbe amount of tbis mortgage out be de
al that time licensed to sell opium, is a justifies
tion of thn defendant, or a case to wbicb the
statute under wbicb the indictment is brought
constitutionally applies. If this question is an
swered negatively, said judgment shall stand af
firmed, otherwise to be set aside."
The Act of 1874, which makes tbo possession
of opium (not obtained from tbe Board of Health
or a licensod pbysiciaD ,Vc.) a penal offence, wus
upproved on the 8th day of August, A. D. 1874.
and went into effect and became a law on one
year from and after its publication, which we take
to be tbe 18th nl August, A. D. 1875.
Ibe bills of sale referred to, show that fifty-six
! tins of opium were bought by defendant of the
licensed dealers, Afong k Achuck, for $$633.00,
i on dinerent days between tbe otb nnd lfilb uf
! Juno, 187f.
Il is admitted that Ibe opium seized oo the 8th
of Xorcraher, 1875. is a part of the opium bought
by defendant in June, 1875.
i Tbe defeudaui'a counsel contends that " It be
i ing admitted Ibat tbe defendant bought the opium
'. when tbe statute expressly authorized it to be
! sold under license, aud ibe properly being ac
! quired as a common law right, and nol as a statu
tory privilege, Ihe mere holding of it cannot be
made a crime except by violating tbe provisions
of tbe constitution in respect to retrospective
legislation, Ibat tbis property cannot be taken
from tbe owner without compensation.
That all ore to be protected " in their rights
to property, and a law making it felony to hold
such property and declaring il forfeited (under
the circumstances of this case) would bo aa"retro
spective" ad " retroactive" " as any law could
Article 16 of tbe constitution reads " No ret
rospective laws shall ever be enacted." Tbe Attorney-General
for tbe crown, contends that the
Act of 1874 is uot " retrospective." aa it puniabes
tbe possession of opiom acquired after the publi
cation of the act.
Saya Dwarris in bis work oo statates, p. 164,
' Laws ure rules of civil conduct, prescribed for,
and attaching themselves lo the future actions of
men. Tbey mast from necessity and from their
nature, be prospective, otherwise tbey canoot be
rules of civil conduct. Laws cannot attach them
selves to conduct antecedent to tbe crea'ipo of
tbe rules themselves. Tbis would be a thing im
possible, for, at Ike time tbe particular transac
tion took place, there being bo rule, a law subse
quently passed, was Dot, and from tbe nature of
tbe case, could not have been, an existing rule
governing socb a transaction, it would cot then
be, in that case, a rale of civil conduct. The con
duct of tbe past mast stand acquitted or con
demned, be lawful or unlawful when judged by
Cornier des F.t.ti Unia 8 00 Country Ueutlcmen
Harper'. III. Weekly. ..J S 00. London Punch $ S 00
' Basar. ... S OOl Apltin'. Journal SOD
Leslia'a " Weekly... 5 00 Loudon III. News 14 00
III. Ziiliing I 0('l Loudon III. Graphic. . 1400
" Chimney Comer. . S 00 Cbrktian Weekly 400
" Budget of Pun 2 Sf j Hearth and Home 4 SO
81. Nicholas $ 3 SOILittle Corporal f S 10
Youth's Companion 2dfN'nrsery 230
Weekly Dnlletlu J SOP Weekly Chronicle t 3 00
Weekly AIM ne Kreoeh Cn.rier IJ00
Sacramento Union S Ot Staata Zeitubg 8 00
Independent I 4 001N. Y. Kv.iifrettet 8 400
Christian Union 4 00IN. Y. Tablet 6 00
4 OO Boston Pilot 6 00
N. Y. Observer 4 Oo
III. New, $14 00: Lloyd's Weekly Times. .1 6 00
Graphic IS 00; Weekly Time. C00
Pail M.ll Budget 1200 Devpatch S 00
E'g Mail (tri weekly. . 23 001 Home News 10 00
Saturday Bevi.w 12 00 Public Opinion 1000
Art Journal S14 0O
Cornbill Magazine SOD
All the Tear Ronnd 6 00
Blackwood's Monthly .. I Ml
Chambvr's Journal 5 00
Good Words 4 00
Tempi. Bar M.gaxine. .8 0 00
Eugluh Society 6 On
Westminster Quar 4 00
Edinburgh Qiur 4 M
British Quar 4M
London Qnar 4 00
Lttteli's Liviurf Age . . :$10 Ou. Llppiucott's Magetine. .8 8 00
SOJ n.uoresl'sMouthly ... 5 00
6 00 Tb. Galaxy S 00
6 00 Overland Monthly 800
6 00 Pteron's Ifagssine. . . 4 00
5 M: Arthur's Lady's Mag.. . 4M
5 OD;Sabbatb at Uoroe 4 00
50) The American Artisan.
5 00 American Agriculturist.
8 Ml '
Godey's Lady's book
Australasian, weekly. ..810 00: Melbourne Leader
Town A Conntry Journal' 8 0Gsydn.y HI. New, . .
Syduey Mail 8 MfSydney steamer Herald
Star- Any Periodicals, not in t hi. list, will beordered at any
time, and supplied at cost and charges.
Addrau H. (I. UllllM.V.
A FINE ASSORTMENT OF RUSTIC
frames, shortly expected.
53S H. M. WHITNEY.
Fine Manila Cigars!
t NEW INVOICE OF VERY SUPERIOR
The Cargo of North West Lumber!
EX JAXE JL FAXKINBUB9,
Al ilielr I.uiubcr Ynnl,
ON ROBINSON'S WHARF.
as Low Rates as ran Iw Obtained
1 in. Boards,
T. & G. Boards 1x0,
3x3 Clear Scantling,
4x4 Clear Scantling,
5x5 Clear Scantling,
4 in. Plank,
3 in. Plank'
3 in. Plank,
i in. Plank,
I - in. Plank,
s AI.I.EN de ROBINSON.
GOSNELL'S PERFUMES, BRUSHES,
JAMS AND JEI,LIK3,
TWO C0TTA0E PIANO FORTBri.
Hoop Iron. Corrugated Iron.
Liverpool Salt, Manila Rope. Fenc. Wire,
Galvanised War. Uolloww.re.
tt$t TIIEO. H. IMVIK3.
R ED W OO DI
M at Kohlnw i s Wharf, in auanlltles lo suit nurrhuar.
i m: iish.m n offer for male
the t'argu of lU-.lwwo,! Lumber
quality, put uo la boxea of a&O aaish
direct from Manna For Bale by
J-'.t rec.v, i
BOr.LES A CO.
Columbia River Salmon!
JUST RECEIVED PER t. A. FALKIHBIBG
iu barrels and half barrels. For sale by
552 a BREWER A CO.
R7IOK WHICH THE HIGHEST PRICE WILL
a be paw at tbe Bookatorc of It H. wi
H. M. WIIITN'EY.
Next to PostOutce.
A LOT OF
Jnt the Ann for
Bullock Shoot inj- J
Can be bad for
Than any Fir Arm of the kind ever told
in this Market.
8end for Price, or Call Soon.
M 2m DILLINGHAM Co.
1 In. SURFACED REDWOOD BOARDS,
1 1-2 In. Surfaced Redwood Board,
1 1-4 In. Surfaced Redwood Boards,
1 1-2 In. Surfaced Redwood Plank.
1x8 In. Tongued & Grooved R. W. Floflrin;
1 1-4x8 In. T. ft 0. R. W. Flooring,
1-2 In. Redwood Siding,
1 In. Rough Redwood Board,
1-4 In. Rough Redwood Board,
2 In. Rough Redwood Plank,
4x4 Rough Redwood Scantling,
4x8 Rough Redwood Scantling,
6x6 Rough Redwood Scantling,
8x8 Rough Redwood Scantling,
1-2x3 Redwood Batten.
" PA YES' " SUP. REDWOOD SHIHOLES !
ALLEN & ROBINSON.
Presentation Books !
Th- followlny Hat cauiprlM
tbe chose. IFT MuU'l
A Few More
OF THOSE K I. E .V T CHRlfHON anil OLE-OORA1-H
PICTCOEB, Juat received by stesuner and
now opening. For sale by
Ti lm H. M. WHITNEY.
Just Received '
PER B.VRK CKDLR, FROM ECROJPE, A
large luvoio Of the BEST QUALITIES,
Hubbuck's Paint and Paint Oils !
8- BOIA.EB A CO
BEST CALIFORNIA OAT HAT For Sale by
808 flOIXEH A CO
Per "mres" muter from dohto.
American Prime Pork,
American lies. Beef.
Sew Beeubnl Tow tine.
New Bedford Cutting Falls,
New Bedford Whalemen's Oars
Fifty Bales Bent Fatent On aura :
All of which wU I be sold at taw prices, by
BOIXES A CO.
JLR " Murray " ud
More Lime !
HAVE BE47EIYEU per tar
' M. B. Robert.,
SO Barrels Beat California I. line !
Which wni be sold at th. lowest prices, la other words.
w will not be C.1DEKSOLD in ihiT irSe.
California Potatoes asd Onion.
A small quantity received per the ,, Xaroay."
1 ForaaUlry BOIXESACO
asSCEITEx, PER 91. BELLE
BOLL Els A CO,
OrtrwoW, Poets and Poetry of America,
Gallery of Brlllah Porta,
Picture rosles. and slelons from Llvtaf Authors.
The lady of th. Lsk. '
Jlnore s Lallan Book.,
Pictoral Family Register,
Bail' y's Pvatos s Poem.
Beecher". Uf. of f hrift, Vol. ;.
Burns otter's -xsiordsy N'hrb;
WbHUer's Ballad, of New Knalaad,
W hi tiler's Child Life, lo Poetry.
Jsa. R. Lowell's Po.nu--Wtntr.ted.
Own Jl.rwilth's LoelUe. do
Jaa. Thompson', Poems. do
Mrs. Browning', Aurora Lehya,
Bryan fa Poetry and 8on,
t-dith May a Pee ma,
B hskespeare s Compete Work,, sue volume,
Dans'. Uanusl of 'ieoloay. .new ed.,
Coltty's BisekUooe. 1 vols, sheep.
Chamberlain's Com' I Law fur Cosines. Men.
Bryant and Miration's Bookkeepiu, aud Blaske.
C'rrtnn' Farm HaiUds.
Ellis' Qoetu of Sortetv.
Jean InselVr Pneaas,
Keblt's Christian Tsar.
Fifiirr's Oana World,
i Verne's Esrth and Moon.
en Mar-a dssaaa.
twana esassa .u ,r... -.-.-.t
I-onsMkwr's " ..
Bibles and Testaments, in variety.
Woman of Sacred History, boost- full mororea.
Chrsst la Art,
E Man ' Dtetioo-ry of Mechanic, t Teas,
Library of Femoos lie Hon,
Motherly Talks with Hoawkstan
Aod i,thr recent works, io. soaseroas I sazaa.
m ForSalshy H. M. WHITNEY.
!, aoLLxe a co
f j rcr.r sD per cey lost, an for bale