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SAVE TIME AND EXPENSE !
BUY THE CHAMPION POST AUGUR, OR POST HOLE DIGGER !
Al.f. Til T IS KK11 IRi:i TO COXTIKCE ANY OWE OF
the great rui-ntf. t.f thai Implement it for them to e it operate.
AN INDEPENDENT JOURNAL,
DEVOTED TO HAWAIIAN PROGRESS.
hiwn In tli nit : rlrivr It nharplr Into th rmtind
-t)-am atnkliie? In tin run jilm . nr npir It. until tin- .arth sticks In tbe
cylinder : raise It out anil drop It on tht- r.round sklnlw. boldtnc U
hainllf in Uit hand, and Uu mrUi will fall oat. TRY TIIKM!
We also Offer For Sale,
Wsr Motlnc Plnwu. Am-' IMo-.. f-arl Plnw-t, RMJWl, 1iltlratnrs
('ii.mti:i M'litioc Martdnt. (sardm Hun, Plant.- Hof. Grub H-ps
rirk aim. lick Mailt-:-,. Oos. Mi'-vi K spud.-; Wood. Iron and Steel, I
lUks: Can- Knives. Ox Hows. Ox Yokr. Oti ( Iwlns. Scytbp fnaihs, OfM ,
8ton-!i and Klxtorer. Ha? Cotter, KaU- 1! 'utt.rh. WbeW rimI i j
HarrnWK. and otb'-r
IT. AVey oh liaml ii Stlemlid Assortment of
BoOdets1 Hardware I Itechamcs' Tools
And nr- constantly making; additions tbcrvto. We make specialties of
House Furnishing and Ornamental Goods,
Lamps, Lanterns, Chandeliers, and Oils.
C U rX L E H Y !
Seines and Twines, Fish Hooks and Lines
Agents for the Averill Chemical Paint Co
Tills P. J I XT is MIXED BEADY FOR T'SE,
(.i ,, yA l "4 Vj . 1 and & rallon rnntaliiers. A r-rr Larr inantltT i-. binr wild In th rnitr.1 States, and It 1
t--rtfr ofts othr t'oinl nMft. Wsj fam hi Met at pTi I only tlie pnr- White, hut rttn
ur raatrtT of Utrty-m- dlOVrent sdiadsa and colorn. '.whicb can b- M-.fctd from a sample card a. unr utUce, .
la aUtj frm tb ttme we rreelre the order.
H" 7rv in f 'ommuniatinn frith Manufacturer and Atrnts of all kinds of
IMPROVED FARMING TOOLS AND MACHINERY!
Solicit Orders for any Class of Goods in Our Line !
til miMIKT TO olI(i;i: Ir.ini LiiKluml. Uerniany. or
DILLINGHAM & Co.,
H". mill OT Kitifr Mrrel.
rfBLlSHED AND EDITED BY
HENRY M. WHITNEY.
WEDKESDA Y. NOVEMBER
BY 41 TIIOIllTV.
BaSSSION LJlWI OK 1-tJO.
To proviiie for the numtier of hours to consti
tute u day's laltor wht.ru nut stn-vifled by con
tract. lieit enacuil by ike hlinjr unci the Lecislalire
Aiwemblf ol the tlawatiati ! ' .: - in the legis
lature of the Knijjilorn H'ttetiililwl.
In ull contracts for service under Section 1417
of the Civil Coil.', where the numlier of houiT
constittitins a ilttyV labor Hhall not be ppeciBed.
the length of a tiay'o labor IhkM be held not to
exceed nine houro. For all htbnr in excetts of
such lime the laborers shall be entitled 10 com
ient.atiun at not less ihun the rate of wages
ogreed uMin in the contract.
Approved this 25lh dav of September, A. D.,
1876. " KALAKAUA K.
our Un Dot ohtAlnmt In tais Markrt. we
r tar rrutfsl Mu-s. ou Uit- moat UoermJ tertua.
JOHr ISTOTT & Co.
OFFEH FOR SALE
AI VAVI7KP IRON PIPE. GOOO feet aesortl sizes, , X. 1, Ui, l& 2.
V tiaivM Trimminp. Ellxiws, T W.tvr, Reducers, I'otiplintrs, T'nion Couplings, Clicck Xnts,
Cue Charcoal Tin Plate, 10x11, 11x20, 12x12, 10, IX. IXX, IXXX,
Best Itasca Tin, Coptter, Iron and Tinned Tacks, Tinsmiths' Trimmings,
Full Assortment of Hand made and Pressed Tinware,
S:..-: Q If.. M, M, Mp 00. N 4-.72 in., Siieet in.-.
BRAS.- A X 1 ' SOFT SOLDER, Iron Wire, Lead Pipe,
PLHMB8B8' MATERIALS, BhM Lead, Hose Bibs. Stop Cooks,
CARR S PATENT WATER CLOSET. Douglas Pumps, Rubber Hose, Hose Nozzles, Sprinkleis.
AKiNOlM HKllI Ol" ""XillYY 'U,l I
Always on Hand.
To repeal an act entitled " An Act to repeal an
act, entitled an act to permit divorced per
sons to marry oif.iin, approved May 24. A. D.
18GC. and to re-ennct Section 13H4 of the
Civil Code with amondinenl," approved the
8th day of July. 1870. and to re-enact the
said Vet approved ou the 24th day of May,
A. U. I860.
Uk it rsaoted by the Kinir and the Legisla
tive Assembly of the Mawuiian lalauds in the
Legislature of the Kingdom assembled.
Section 1. The act entitled "An Act to re
peal an act'' entitled " An Act to permit di
vorced persons to marry again, approved May
241 h A. I 18CC. and lo're-eiiacl Section 1334
ol ihe Civil Code with amendment" approved
the Sill day of July, 1870, skull be, and the same
is hereby repealed.
Sec. 2. The act er.titled ''An Act to permit
divorced persons to marry again approved May
24th A. 1). 18GC, is hereby re-enacted and is
declured tit be in full force and effect, in like
manner as the same was previous to the 8th
day of July A. D. 1870.
Approved this 25th day ot September A. I).,
1876. KALAKAUA R.
GALVANIZED BUCKETS AND TLBS,
Wk would respertfullv invite the attention of
Uonsu Keepers to out'f'ull and complete assort
STOVES AND RANGES,
From the beat Troy and Albany, New York
Stove Foundries, consisting in part of the
" Buck's Patent," "Magna Charta," Laurel,
Opera and Coupon Ranges. Also, Mistress
Range, Victoress Stove and Pacific Caboose,
made in Glasgow, where iron is cheap.
And lo Arrive per ( itv of .ew York
ami Bjrr MOKES
Fartics on the other Islands favoring lis with orders by mail for any of the above goods, &c.
may depend upon having their requirements filled as satisfactorily as if present in person. In
wild iilf. alim , state requirement and limit- Goods carefully packed.
Max No. 9 Kaahumanu Street.
Mi: 1 MH BSU.M IKi;.S TO
M ti.form bi- friend and tb pabll
r rally tbat hv luu
BEHOVED TO FORT STREET,
Opposite Odd Felloe' nail,
WhrTf bf m ill (flro strict attention In repalrinjr Ohronome
tan. Watrhca. and Clock a. and bis wtcbr will be
. : .! '.tiii. nitnilliv
J. IMM lill.l
rviiis WAS ORK.IWI.I.Y riu
1 .".iii.l bj w etnloent pbvsician f : .. caiw ol
BrapiT in Mm Hunt's familr. JoUn Hunt, aced about 4S.
of a axout and pVtb.Ttr bahlt, was aeUed with a sndtlen
Sattark of COrtml dropsT. wblcb In a few days tbreat-ned
his life. Tbe ordinary remedies bad all proved iu.-flua-rSosrY.
and uder their use tbe patient warfaM rilinc Into
sui alarnnnc austr. Tbr dropsy was rrneral and extenslre.
Isi s-retlrd u an enormnus slae and tbe water Increasing
rapfcltv Mr was entirely unable u lie down In bed, and
a to renoain hum aim any inasminf postnr.
of tblnp continued until by the ad rice of tbe
:iuded to. the present remedy wan triec. In
t- of Its pecaltar nature It was neoeaaary to pre-
11 witb creat care, and In order to Insure this It wm
iru-iv. to Ute family of Ms. Hunt to prvcure and com-
Tb remedy was administered, and almost from the
: of Its reception a decll-d improvement fwcanii'
The kidneys were minedhit.Iy -.fleeted nnd
; tbeaweillnr of the leff rapidly subsided,
freed and reramed their bealthy and
i: the fleah of limbs resumed its elaaticliy.
, said be was rapidly finval.-w1iic
w trf-o r n f rtnnavtaly . fsmmptedby tbto rapid Improvement,
be nr. up tbe remedy for a abort time.
It wms unfortunate, for the eo rati re process wns ar
reated. tbe tetdweya ttaored In their action asrsm hecom
bac trtrpM. tbe water Inrreaaed with frightful rapidity
wni he skw acain found himself In a very alarminn ttate.
Tbe remedy was attain had recourse to. nod by Its perae-
tirue 9Ullu-d. Hut
! severe case, and It took all
1 with oare and time.
s of tbe diaeaae. Hut thrt-nith a p-T-
r of It a permanent cure as eff.--t-tl. and he
1 hf active HMMM occupation. WttMb H bhort
ft la which tbe Remedy was brought
then for a period of twenty Ave i.ZS"
is been prii.red after the sAme tip-
by Mrs. Hunt, and used by onr first pbysl-
Uus and smiiur com-
t. a we.I man
into notice, and asm
taji lr their private
I'.-tt. a Uncertiut
ma a wmm m
well and favorably known and extensivelty
time by aM da-v.. Ik.i1, with ntid w :S;.-:t
of phywxrbtna, and baa been tbe means of savlnx
ana rnantrui aiwease, ana nntimeiy oeatn.
estimable and well-known dtlzens.
Tbe mly known Remedy for Brifbt't Dl.aae. and has
treed every oase of Iropy hi which It has been
rrreT : Irrtiatton of the Neck of the Bladder InfUxnatton
of the Kidneys l lceratton of the Kidneys and Bladder
nr jsnreeoieq aim ie;iraie-
of both aexea, attended with the fot-
Lusa of riwer. Loss of Mo-
. Wptk erv es. atefulne.
In the Bark or Loins,
s on the Face, Tallid Coun-
aamaoe. T a itnde of tbe System etc.
Has beew before the pnbhc for more than twenty years,
sad has been tbe means of saving from lingering and
I death hundreds of our moat
TLii Medicine was Sever Known to Fail
Pnce $1.50 per Bottle.
DIM.IM.IIAM A CO.
awr km feola JLfents for Hawaiian Island
Notice to Planters.
lo-tkc amptana :
r -: rraw.tte t .t..
nIH AT the Bodr F-n:.uo:,
THr l ni xMC.rn bi:; i ;ivr
Mle fc ilain us othrn on these Island?.
tbat hf expert to retnm to Honolulu in a l. w weexs,
mwm X wd he rcautf to undertake the Borittp ol
w ell, in any part or tne eonntry. on lae
mar be addrasl to ou of Gasett
II AESIDEXTS OF BOSO-
SJXr, VUOaa FrifOda and Strmnsim M rally art
l l.llMSlj InilU r tr attend malic w orsnip a: tmi ai.
cnVROH. .berv rtlm ml held evrry Sabbath .t 11
'dot A. XC, and la P. ai. Soata arc provided for all
wtm axar h pkxand to attend. There Is a Wednraday
1 1 ,nli Prayer M8nc at TS o'dort, in the Lecture
am to arhlrfc alt an valeome. " lr
-ft f B C r. MLESAX HAS TIMS DAT BF.EX
ill Adioltaad a a partner In my btiatneaj. Which
SmWmm tmm fcr carried oo onder the atyte and Arm or
. Octotwr . 17.
Importers and Dealers in
BUILDING MATERIALS !
ALL DESC R I PTIO N S
Aor'Wcst Scantling, Boards !
Tongued t Grooved, Surfaced.
Planks. Battens, Pickets !
li in. x 4, 1x5, and 1x6, for
Scantling, !..-.:, Plank,
Battens 1x3, 1x4, 1-2x3, and 1-2x2
Tickets Rough and Fancy,
Surfaced Boards and Plank, 7-6 to 2 in.
Tongued and Grooved
PLTJSTI t IJDHNTGt.
TIMBER FOR SHIP USE
2x12 to 118x16;
Clear Nor'West. for Planter's Use
EASTERN WHITE PINE,
California and Eastern Doors, all sizes
SASH, all fiiet j BLIND, all (WM ;
WHITE LEAD and ZINC I
I'AI.M OIL, at- SIAU PA I. NT CHEAP,
Putty and Varnish,
Glut, No. 2x2 and 2,
Wall Paper and Border
Iron and Tinned Tacit,
Paint and Whitewash Brnihej,
METALLIC AND FIRE-PROOF PAINT
For Plantation or anj Other Use,
Bolt- aod Hingei,
Books and Ejes, Ac.
Salt in Quantities to Suit.
To amend Section 1106 of the Civil Code.
11k it KXArrKD by the Kinir and the IRila
tive Aeseiubly ol the HuwHiiun Uliiiil, in the
Legislature of the Kingdom usdenibled.
Section 1. Section HOC of the Civil Code
phull he und the Fame is hereby amended by udd
ius thereto tbe following wordi" :
Provided that in all cases where the defendant
i? sued a the rmiker. drawer, acceptor or en
dorser of any banker's cheque, promissory note,
bill of exchange, or other negotiable security, he
shall not lie allowed to file an answer unless lie
shall file therewith an affidavit mude by himself
or by some person cognizant of the lacts, on his
behalf, that the defendant has a good defence to
the action on the merits, and stating some substan
tial ground of defence to the action, if.-ucb action
be commenced within six months after the dis
honor of the iDslrutnent on which tbe aclioo is
Approved this 25th day of September. A. D.
1876. KALAKAUA K.
California Beef in Bond.
ECE1VKD FEB BE1XE ROBERTS -
For aale hy
I'o consolidate and amend the law of cvidenco,
Bk it ksactkd by the King and the Legisla
tive Assembly ot the Hawaiian Islands in the
legislature ol the Kingdom assembled,
l'art 1. 0! tho Means of Obtaining Kvidence.
Section 1. The clerks of the several Court,
ol Record shall issue to the Attorney General or
to the Marshal or lo any sheriff or deputy sheriff,
and to any party plaintiff or defendant, in Buy
cause, civil or criminal depending before such
courts respectively, or to the counsel of such
p.rty. wrilsof subpoena for intoeiifl,. In blank,
thai the names of the witnesses to bo summoned
may be inserted after the issuing of such writ.
Sec. 2. Such writs of subpeeaa shall be signed
by the clerk or his deputy, ond impressed with
the seal of the court, and shall tie obligatory up
on the Marshal and his deputies, and upon the
parties actually served therewith.
Sec. 3. Upon non-attendance of witnesses
duly summoned, the service of the writ being
proved by the oath of the officer who served the
same, the court shall have summary power to
cause their attendaoce aud to puuish them for
Sec. 4. The Attorney General or the sheriff
on the'several circuits may require of uny Judne
of a Court of Record, at Chambers, that wit
nesses material to the prosecution of any criminal
indictment preferred, or about to be preferred, be
bound by recognizance to appear and testify at
the trial of such indictment, nr that such wit
nesses be committed to jail for thaf purpose, and
it shall be lawful for the Judge, so applied to, to
make any such order.
Sec. 5. No person shall be bonnd to attend
as a witness npon the trial of any civil cause, in
any Court o( Record, unless his traveline fees be
paid, or tendered to him at tbe time of the ser
vice of the subpoena.
Sec. 6. Witnesses in criminal cases, whether
for the prosecution or defence, shall not be en
titled to any fees.
Sec. 7. H shall be lawful for any Court of
Record, or any Judge thereof in any action or
suit depending in any sucn court, upon the ap
plication ot any of the parties to socb action or
smt. to order a commission to issnc for the ex
amination of witnesses resing in a foreign
country, or in some other circuit than that in
which the cause is pending, npon oath by inter
rogatories, or otherthewise, and by the same or
any subsequent order or orders to give all
such directions touching the time, place, and
manner or such examination and all other mat
ters and circumstances connected with such ex
aminations as may appear reasonable and just,
and it shall be lawful for every person authorized
to take the examination of witnesses by any role,
order, writ, or cjmmission made or issued in
pursuance of this Act, and he is hereby au
thorized and required to take all such ex
aminations. Sec. 8. It shall and may be lawful for person
or person? to be named in any such rule or order
as aforesaid, for taking any examination in pur
seance thereof, and he and they are hereby re
qnned to make (if need be) a special report to
the court wherein the action shall be depending
touching such examination, and the conduct or
absence of any witness or other person thereon,
or relating thereto, and the eourt out of which
tbe commission issued, is hereby authorized to
institute such proceedings and makesuch order and
orders upon Buch report, as justice may reqnire.
and as may be instituted and made in any case of
contempt ot that court.
Sec 9. Tbe costs of every application for
any rule or order to be made for the examination
of witnesses tinder any commission by virtue of
this Act. and of the rule or order and proceed
ings thereupon, sball be costs in the cause unless
ortherwise directed eitber by the Judge making
such rale or order, or by the Judge before whom
the trial or enquiry of the cause may be had, or
by the court wherein tbe action shall be de
pending. Sec. 10. Whenever by virtue of this Act an
examination of any witness has been taken be
fore a Judge of a Conrt of Record, or before the
clerk or depnty clerk thereof, or any other per
son or persons as aforesaid, the depositions
taken down by such examiner shall be returned
to and filed and kept in tbe office of tbe clerk of
the court from wbich tbe commission issued, and
office copies of such depositions may be given
out to either party.
Sec. 11. Xo examination or deposition to
be taken by virtoe of this Act, shall be read in
evidence without the consent of the part
against whom the same may be offered, nnless it
shall appear to the satisfaction of the court or
person having by law or consent of parties, au
thority to bear, receive and examine evidence
that tbe examinant or deponent is tuch party, or
is beyond the jurisdiction of tbe conrt or is resi
dent in another circuit or dead, or unable from
permanent sickness or other permanent infirmity
lo attend, in all or any of wbich cases, the exam
inations aod depositions certified under the hand
of the commissioners or other person taking the
same, shall mid may without proof of the signa
lure in such certificate be received and read in
evidence, saving all just exceptions.
Sec. 12. On the trial of uny issue joined or
of any matter or question or on an equiry arising
.a uny suit, action or proceeding in any court or
before any person hating by la or by cousent
of parlies authority to hear receive and examine
evidence, any person wbo may happen to be
present, and who )y virtue of this Act is compe
tent to give evidence in-ty be called, and re
quired to give evidence aod to produce any
document, and if uny such person wbeu called
and required as utoresaid, shall not appear and
givu eveiei.ee aud (if then abie so to do) produce
the document, he shall be subject to the same
proceedings and liabilities as if had been duly
eerveti with u writ of subpoena, ad testificandum
or duces tecum, or u summons, or other process
aud had received bis conduct money and pay
ment lor expenses and loss of time.
Sec. 13. Kilber parly lo any suit or action
depending in any Court of Record, may call ou
the party by notice, to admit uny fact or docu
ment, saving all just except mna . ttud every such
notice and admission respectively may be in the
form contained in the firal and aecoud scheduled
lo this Act. or to the like effect ; aod in case of
refusal or uegteel lo admit, ihe cosls of provding
the lacl or document shall oe puid by the party
so neglecting or refusing, whatever tbe re.-ull of
the uuse may be, unless at the hearing, trial or
enquiry the judge shall certify tbul the refusal lo
udmii was reasonable, and no costs of provding
uny document shall be allowed unless such notice
be given, except iu cases where ihe omission to
give the notice is iu the opinion of ihe court or
presiding judge at the trial ol the cause, a
suviug ot expeuse.
Sec 14. An affidavit of tbe attorney, solici
tor or ue- wt in the cause or his clerk, of the due
signature of any admissions made in pursuance
ol such notice und annexed lo the uffiduvit, sball
be in ull cases sufficient evideuce of such admis
sions; uud an uffj kivlt of tbe attorney, solicitor
or agent ill the cause, or his clerk, of the service
of uny notice lo pruduce in respect of wbich no
tice lo admit shall been giveu and of the lime
wheu ll was scne.J, wilb a copy or such notice
lo produce, unuexed to such affidavit, shall be
sufficient evidence of the service of ihe original
uf such notice, uud of the lime when it was
Sec 15. When a witness whose testimony is
wanted in uny civil cause pending in this King
dom, shall live ou uuolher Island from tbat on
which tno tnul is to be held, or shall be about to
go out ol the Kiugdoin. and not lo reluru in time
lor Ihe trial, or is so sick, infirm or aged as lo
u.uke it probable tbat he will not be able lo at.
tend at the trial. Ins deposilious tuay be taken
in the manner hereinafter prescribed, at the op
tion of the party instead of by commission as
Sec. 16. At uny lime afler the cause is com
menced by the service of process, or after ll is
submitted lo arbitrators or referees, either parly
may upply lo uuy District Justice ur any Cucuit
Judge, or any clerk of a Cuurl of IWor.I, who
shall tsaftsj a notice to the adverse parly to ap
pear before the said District Justice, Circuit
Judge or clerk of a Court of Record at tbe tiuie
and place appointed lor lakiug lue deposilious,
uud lo put such iu'.errogaloriea oj be may think
Sec. 17. Tbe said notice shall be served on
the agent or attorney of the adverse parly; and
shull have the saiuo effect us if served ou the
Sec. lti. If there are several parties on eitber
side of the cause, plaintiffs or defendants, a no
tice served on either of them shall be sufficient.
Sec. 19. The notice shall be served by leav
ing a copy thereof at the place of abode uf the
person to be notified, allowing in all cases not
less than twenty-four hours after such notice, be
fore the tune appointed for taktug the deposi
tions, and not less ihun one day additional, ex
clusive of Suudays or every twenty-five miles of
travel of the oppc party, if he shall live more
than Iweuty five miles from the place of taking
Sec. 20. The deponent shall be sworn or al
Qriui'd to testify Ihe Irulh. the whole Irulli, and
nothing but the truth, relutiug to the cause for
which the deposition is taken, and shall then be
examined by the District Justice, Circuit Judge
or clerk SB aforesaid ur by the parlies, and his
testimony shull be taken in writing. Theexami
tiou shall be either verbal, or by written inter
rogatories. Sec. 21. The deposition shall ho written by
the officer before whom the deposition is taken,
or by some impartial person . y huu appointed,
in the presence and under the direction of the
said officer, ond shull be carefully read to or by
the deponent, aud shall then be subscribed by
Sec. 22 The officer taking the deposition
shall annex to the deposition u certificate of tbe
line and manner of taking it, tbe person at
whose request, and the cause or suit Tor which it
was lakeu.aod stating also whether tbe adverse
parly attended, and if not, staling the notice if
any that was giveu lo him.
Sec. 23. The deposition Bball be delivered by
the officer taking the same to the court, arbi
trators, or referees before whom the cause is
pending, or shall be encloseu and sealed and di
rected to them, and shall remain sealed until
opened by the directiou of any Justice of the
said court, arbitrators or referees.
Sec. 24. Every objection to the competency
or credibility of the deponent and to the pro
priety of any questions put lo him; or any an
swers made by bim, may be made wbeu the de
position is produced in the same manner as it
tbe witnesses were personally present and ex
amined at the trial; and the conrt shall have
the authority to order sny testimony which is
deemed inadmissible to be expunged, provided
that if any deposition is taken upon written in
terrogatories, all objections to an interrogatory
shall be made before it is answered, mid if the
interrogatory is not withdrawn tht! objection
shall be noted thereon, and otherwise tbe objec
tion shall not tie considered.
Sec. 25. When tbe plaintiff in any enit shall
discontinue it, or become non suited, and another
suit shall afterwards be commenced for tbe same
cause betweon tbe same parlies or their repre
sentatives, all depositions and testimony law
fully taken and filed in court in any preceding
suit may be used in tbe succeeding suit, in like
manner as if taken in tho said suit.
Sec. 26. Any witness may be summoned aod
compelled to give his depositions at any place
on the island on whicb he has bis abode, in like
manner and under the same penalties as be may
be summoned and compelled to attend as wit
nesses in any court.
Part 2. Of Perpetuating Testimony.
Sec. 27. Whenever any person shall be de
sirous of perpetuating tbe testimony of any wit
ness, he shall file a petition with the clerk of
any Court of Record, setting forth bis claims,
interest or title in, or to tbe subject on which
be wishes to perpetuate evidence, and the names
and places of residence of all other persons
knowo to him as being interested therein, and
the name or names of the witness or witnesses
whom be proposes to examine; and praying
from any Jndge of the court in which said peti
tion is Sled, an order requiring ihe adverse party
or parlies to attend at a time and place in tbe
order specified, that the testimony of such wit
ness or witnesses may be taken for tbe purpose
of being perpetuated.
Sec 28. If tbe petitioner expects to be a
plaintiff in any future action, be shall likewise
set forth in bis petition tbe obstacles preventing
the immediate commencement of an action.
Sec. 29- If tbe order is granted, tbe deposi
tion or depositions shall be taken before some
judge of tbe court in whicb the petition is Sled,
ihe same latitude of examination and cross-examination
being allowed as if a suit were actu
ally pending, and the judge having caused tbe
deposition lo be signed on each sheet by tbe
witness, shall certify that tbe depositions have
been properly taken, aod sball order them to be
filed with tbe clerk of the court.
Sec. 30. If a trial shall afterwards be had be
tween tbe parties named in tbe petition or their
privies or successors in interest toucbicg tbe
matter of controversy set forth in tbe petition,
the deposition filed in accordance with tbe pro
visions of the preceding Sections shall be given
in evidence by either parly ; where the witneee
or witnesses are insane or dead, or either attend
ance for oral examination cannot be required or
obtained ; provided, however, tbat such depo
sitions shall be subject to the same obections
for irrevalency or incompetency as might be
made to depositions pending an action.
Sec. 31. The applicant shall pay all costs of
all proceedings under this part of ibis act.
Part III. The means of affording discovery
Sec. 32. Either perty to any action or snit
depending in any Court of Record shall be at
liberty lo apply to the conn or any Judge of
the Supreme Court for a rule or order for the
inspection by himself or by his witnesses of uny
real or personal properly, the inspectioo ot
which may be material to the proper determi
nation of the question in dispute ; and it sball
be lawlnl lor the Court or any such judge, if they
or he Hunk fit, to make sucb rule or order upon
sucb terms as to costs and otherwise as such
court or judge may direct.
Sec. 33. Wheoever any cause or other civil
proceeding shall be pending in any Court of
Record, such court or any judge of the Supreme
t'ourl may, on application made for sucb pur
pose tiy either of Hie litigants, compel tbe oppo
site party to allow the parly making tbe appli
cation to inspect all documents in the custody
or uuder the ci.ntrol of such opposite parly re
lating to such cause or other proceeding, and if
necessary lo take examined copies of the same,
m all cases in which previous lo the passing of
this act, a discovery might have been obtained
in a Court of Equity at tbe instance of the party
so making '.he application as aforesaid.
Sec. 34. Upuu the application of either party
to any cause or other proceeding in any Conrt
of Record, upon an affidavit by such party of his
belief that any document lo the production of
which he is entitled, for the purpose of discovery
or otherwise is in the possession or power of the
opposite parly, it shall be lawful for the court or
uny judge of tbe Supreme Court to order tbat
tbe parly afjaiusl whom such application is made
or. if such parly is a body corporaled. that some
officer lo be named of such body corporate shall
answer on affiduvil, stutiug what documents be
or they hus or have iu his ur their possession or
power, relating lo the mailers in dispute, or
what lie knows as lo the custody they or any of
them are in. and whether he or they objects or
object, (and if so on whit grounds) to the pro
tection uf such as are in his or their possession
oi power, and upon such affidavit being mude,
the court or judge may nuke such further order
thereon as shall be just.
Part IV. Documentary evidence.
Sec. 35. All proclamations, treaties. and other
Acts of State of this Kingdom or of auy Foreign
State, und all judgments, decrees, orders, and
other judicial proceedings of uny Court of Just
ice in any pait of this Kingdom, or in any Por
cigu Slute, aud all uffi.laviis, pleadings, and other
legal documents, wills and codicils filed or de
posited in auy such court may be proved in any
Court tif Justice or before any person having by
law or by consent uf parlies lo bear, receive and
examiue evidence, either by examined copies or
by copies authenticated, us bureiuufler mentioned,
that is lo say. if the document sought to be
proved bo a proclamation, treaty, or other Act
of State, tho authenticated copy to be admissa
hle in evidence must purport to be sealed with
the Great Seal uf this kingdom, or of the For
eign State to which the original document be
longs : und if the document sought to be proved
be a judgment, decree, order, or other judicial
proceeding of uuy court in this Kingdom, or in
any Foreign State, or an affiduvil, pleaditg, or
ui her legal ducument, will ur codicil filed ur de
posited in uny such court, the authenticate!
copy lo be udmissable in evidence must purport
either lo be sealed wilb the seal of such court or
(iu ihe event of such court having no seal) to be
signed by tbe judge or (if there be more
than one judge) by uny one of the judges of the
suid court, and sucb judge shull .much to his
signature a slulumenl in writing on tbe said sopy
that the court whereof he is judge has no seal.
Uut if any of the aforesaid authenticated copies
shull purport to be signed or sealed as herein
before respectively directed, the same shall re
spectively be admitted ill evidence in every case
in which ihe original document could have been
received in evidence without any proof of the
seul, where a seal is necessary, or of ibe signa
ture, or of the truth of tbe statement attached
thereto, where such signature and statement are
ue' essary, or of the judicial character of the per
son appearing lo have mude such signature and
statement ; and every sucb copy sball be prima
facie evidence of the origiual thereof, in like
manner us if such original were produced uud
proved in due course ol law.
Sec 36. Wherever in any legal proceedings
whatsoever it shall be necessary to prove any
grant of laud, lease or other conveyance of any
government land or real estate, it shall not be
necessary to produce the original Patent, grant,
lease, or conveyance, but a certified copy thereof
under ibe band and official seul ot the Minister
shall be received as evidence in any conrt, tbe
same as the origiual instrument itself,
Sec. 37. Every register of a vessel kept under
any of the laws, now or hereafter to be in force
relating to the registry of Hawaiian vessels may
be proved in any court or before any person
having by law or by consent of parties authority
to hear, receive and exauiine either by the pro
duction of the original or by an exauiined copy
thereof, or by a copy thereof purporting to be
certified ucder tbo band of ibe person having
the charge of Ihe origiual, und every such regis
ter or sucb copy of a register, and also every
certificate of registry granted under any of such
Acts and purporting to be signed us required by
law shall be received in evidence in any such
court, or before any such person as aforesuid, as
prima facie proof of all matters contained or re
cited in such register, when tbe register or sucb
copy thereof as aforesaid is produced, and of all
the matters contained or recited iu, or endorsed
on such certificate of registry, wheu ibe said cer
tificate is produced.
Sec. 38. Whenever in any legal proceeding
whatsoever it may be necessary lo prove the
trial and conviction or acquittal of any person
charged with any offense, it shall not be neces
sary to produce tbe record of the conviction or
acquittal of sucb person or a copy thereof ; but a
certificate containing the substance and effect,
only (omitting the formal pari) of the indict
ment, information or presentment and convic
tion or acquittul for sucb offense, purporting lo
be signed by the officer baring Lhe custody of the
Records of tbe Luort, where tbe offender was
convicted or acquitted, or by the deputy or such
officer, sball upon proof of the identity of the
person be sufficient evidence of tbe 3aid convic
tion or acquittal, without proof of the signature
ur official character ot lhe person appearing to
have signed the same.
Sec. 39. Whenever by any law now or here
after to be in force, any certificate, official or
public document or documents, or proceeding of
any corporation, or joint-stock, or other comp
any, or any certified copy ol any document or
by-laws, entry in any register or other book, or
of any other proceeding Bball be receivable in
evidence of any particulars, tbe same Bball re
spectively be admitted in evidence in any court,
and by any person having by law or by consent
of parlies authority to bear, receive and examine
evidence, provided they respectively purport to
be sealed or impressed wilb a stamp, or sealed
and signed, or signed alone as required, or im
pressed with a stamp and signed as directed
by tbe respective Acts made or to be hereafter
made, without any proof of tbe seal or stamp
where a seal Oi stamp is necessary, or of tbe
signature or of the official character of the per
son appearing lo have signed tbe same, and
without any further proof thereof in every case
in which the original record or document coald
have been received in evidence.
Sec. 40. Whenever any book or otber docu
ment is of sncb a public nature as to be ad
missable io evidence on its mere production
from the proper custody, aod no law exist,
which renders its contests provable by mean
of a copy, any copy thereof or extract there
from sball be admissible in any court, or be
fore any person having by law or by consent
of parties authority to hear, receive and ex
amine evidence. Provided it be proved to be
an examined copy or extract, or provided it
purport to be signed and certified as a true
copy or extract by the officer to whose custody
the original is entrusted.
Sec. 41- Tbe mere production of a newt
paper purporting to contain pnblic notices pub
lished by authority shall be prims facie evi
dence of tbe poblication thereof, on the day
on whicb tbe same bears date. And where by
any law now or hereafter to be in force. His
Majesty with tbe advice of his Cabinet or
Privy Council, or sny Governor or Cabinet
Minister sball be authorised or empowered to
do sny Act whatsoever, or where by any socb
law anything is required to be certified by s
Csbinet Minister or Governor, end published
in sny newspaper proof of tbe ssid newspaper
purporting to contain a copy or notification of
any sucb set or certificate sbsll be prims facie
evidence ol snch set, or certificate having been
duly done or given, sod if such newspaper
purports lo contain any rule, or by-law regu
lation matter or thing allowed, confirmed, can
celled or approved of. assented to or certified,
ii shsll also be prima facie evidence uf the
purport and dne making of such rule, regula
tion by-law, mailer or thing.
Sec. 42. All copies of tbe voles and pro
ceedings of the Legislature ami ol the Royal
Proclamations, il purporting to be printed by
authority, sbull be admitted as evidence thereof
by all courts, and persona having by law or by
consent of parties authority to hear, receive
and examine evidence without any proof being
given ibai such cupies were so printed.
Sec. 43. The probata of a will or codicil,
or letters of administration with tbe will or
codicil annexed shell be prima facie evidence
of tbe original will or codicil, in like manner
as if such original were produced and proved
in due course of law.
Sec 44. Where any writing whatsoever
shall have been copied by means of any ma
chine or press, Which produces a foc-simiie im
pression or copy of such writing, such impres
sion or copy shall, upon proof lo the satisfac
tion of the court or person baviug by law or
by conseut of parties authority to bear, receive
and examine evidence, that tbe same was taken
or mude from the original writii g by means of
such machine or press as aforesaid, be sufficient
prima facie evidence of such writing without
any proof that such impression or copy was
compared with the said original thereof, and
without any notice to produce such original.
Sec. 45. Every examination and deposition
tukeo by virtue of any law heretofore in lorce
shall and may be read in evidence, in the same
manner as il this law had nol been passed.
Sec. 46. A transcript of any of tbe records
snd judicial proceedings of sny Court of Re
cord or of any judge of a Court of Record at
Chambers shall be admitted in evidence upon
being authenticated by tbe stteatslion of lhe
Cleik of sucb court with ibe seal uf sucb court
snuexed, or of tbe Judge at Chambers before
whom the proceedings were had with the sesl
Sec 47. A transcript from the docket of
sny Circuit Judge al Chambers, or ol any Po
lice or District Justice, of sny judgment had
before him of the execution issued ihereon, if
any, and of the return lo sucb execution, if
any, when subscribed by shch Judge or Justice
shall be evidence to prove the (acts stated io
such transcript in any other court.
(To be cimeludeil in next issue.)
THE I NIlF.HSHJNKllhiaa JEST KEv EIVED
par Mail from the celebrated
Glasgow Iron Works of
Messrs Dlirlees, Tail, and Watson,
Exact particular of the coat of
PLi ANT !
Of seventeen different eapaclUen rallftn(
1080 lb. urr In 10 Hours at Coat irltTI,
io m First-elauas Vnenuna Pan Plant
to Make 12 Tons or Stusrar In 10
Honrs at a tost of f I tro.
delivered In Ulaifaw.
The nnilemUfne-l are prepared to receive orders for
sncb mtchlnerjr. and tn arrange for freufht on same to las
shipped by a New Iron Clipper Mnlp new building
In tbe Clyde of looo tons burden, to
Leave Ulasicow ou or about tbe 13th of
N. R. Orders for all kinds ot Sfaruinery and other
European merchandise to be shipped by tbe above vessel
should be sent to the undersigned during the month of
September or not later than Octaiber loth. Saw Bate of
freight arranged for.
aoT.im F. T. I.I.N !:n N k ..
Fort and Merchant Streets, Honolaln,
IMPORTER AND DEALER
DRUGS AND MEDICINES,
And Patent Medicines,
A Complete Line ol
Toilet k Fancy Soaps,
Perfumery, Hair Oil, Soap Toilet and
Sachet Pbvoder, Combs, Hair, Tooth,
and Nail Brushes, Etc., Etc.,
BATH. SURGEON & CARRIAGE SPONGES
Star Mills Medicated Paper.
Partlenlar attention paid to supplying;
Physicians, Ships, and Plantations
with PCBE IR! US. -S
Physicians' Prescriptions carefully prepared Day or
0 5m42 mm- 5JIUHT BELL -Sal
FINE WRITING PAPERS.
"ST AXf ECEITI sTT tTTEatT AKBIT tL
SAR FRANCISCO, REV TOM IRS LORON,
ADDITTOICAL, - or
Writing and Other Papers,
Among whirl, may be fimmt.
Lttr Paper. Saw paste ot rsrhass TSaSTHa.
from aa.M as s.i pas' mass.
Net Paper, p" aJ nuw. tress tass m at at
French Note andXetter Paper. a
Cap. Plat Cap. Lagal and Bill Paper.
A targe stork always no ha art.
Thin Overland Post, wmi. ami taw. nssat
ea aod quality.
TISSUE A.1D COPYIJIt. PAFBJt.,
MKOtCATKO MTAB lPR.
NEWS AND BOOK PAPERS,
maxilla vnurrm rtrt.
thick and oaaa qsaaoes.
ear Orders ailed al short auuc.
w: Ha M. Whitney.
RECEI VED B Y LA TE A RRI VA LS,
A LARGE SUPPLY OP
American and English BmIls
OFFICB STaTIOXKKY ., am., am.
C1AP PAPER, LEU A I. (IP,
Hrrn .Styles thin mraeb letter ai
Karelopas of all HI vlaa.
Pocket Knives ami gas
Oval aud Kaare l-anare rraaaaa,
SCRAP and POSTAGE STAMP ALBUMS.
Stereoscopes a"of SUnutcitpm i'unra.
Letter Clips Bonk Shaba,
Otsaa Menu and Leather Traveling
Choice Wood aod Pearl ilflare In
Fine Wallets, Panes aod Bat)
PAPIER IACHE ARO I0R0CC0 PORTFOUB!
levari anal .rtrb (ferrl i w-.
kttcr1npr Hooeji. swul HfTsgVe-e 4 op m .,-r
tttfr rri in ii. H-tteRawatt .
Eye Glasses. Reading Glasses.
Tortokw Hh-!l aod RofoQboa swlra.
Qnlll aod Wood Tm.tftpfefta.
8twl fi -OIHou'. pprry- aod tjtjaer aaatar,
CryataU aod Diamond nihfw.
Ivory Paper KnlT aarl Knon,
Ink KxtractsTra and poa-oa.
Mkrroaropawa, Wood and Kuborr Itolera.
WRITING DESKS. A FIRE ASSORTMENT
sea at. a. wurraaT.
TUEO. II. DA VIES
or Ft: km rod auc
Now b-plntf 'liacbarsrd from iko Am
BRITISH BARK " CLETA,"
1M .lay- from Uversool.
The cargo Mali of a fall inn usual as
I.N LASMIK VASIi rt.
rise sad New Prints.
EiubM Matlisf, Waits C attest . Dsn lass.
Saddles, Wool Skirta. Printed yfc.rt..
Hack Tie,. Silk UabreiUa.
Pilot Jasksta aod Troaasra,
Blankets, Tweeds, Drills, Stanoan,
Ooeasll'a Fine Pevfagaaj,
Vtlvst Raga ssd Carpsu,
PARIS PLOUGHS !
(made txprtsaiy for Ike I
Blood, Wolfs a Cm'i AH
Edmaad't Pig Brand Porter.
rise Brandy. Wkbksy,
Sherry ud otber Wises, Alesaol.
A. W. PEIRCE&CO.
Offer for Sale
SHIP Cll A l)L Kill
WHALE BOATS AND BOAT STOCK, UqOD IrOB, FeilCe WlTf
af I kf sa, a. M 4 ar 1 Bg Sk BP nr a . ,
Flour cfc Bread !
Lime and Cement,
By Steamer from San Francisco,
Potatoes, Onions, &c.
Brand's Bomb Lances,
Perry Davis' Painkiller,
Puuloa Salt Works
I HAVE LATELY RECEIVED A FISE AaV
HOBTMENTof Oral Frames, aod also Moulding for
framing pictures. They vary from one tneh to three or
four Inches In width, and those anehlog pictures framed
can hare them done lo soy style required.
Battle Frames from SO cents each and upward.
Oral Frames from SO cents each and upward.
Square Gilt Frames from tl.OO each snd upward,
Square Black Walnut from Si.ao sack ssd upward.
Picture JfaCa, cords, etc.. also on bsad, aajoal
H. M. WHITNEY
Jsat sad Jellies,
Lea A Psrrin't Shows.
Paists and Oils.
Carre fata j Rooftor. Bar Iroa,
Gelvaaissd sad Hollow Wars,
Tie Wsrs, Ksivas sad Forks,
LONDON PIANO FORTES
hawaii aw naos.
Pipes, Flowar Pots, Xutkws-wan,
Glare-wars. Leather Belting.
Celebrated Silicate Paint,
Vegetable Msskiasrj Oil,
Powell Doffryn Steam Coal,
Colored Corals and Sheik
f HAVE JfOW OX ejALK THE ItLtVt
m. or uao rasas
9 neat goods In that line ever
few of each, snd ihoee who est lo
plesae apply early.
here. There aes aw. a
H. M. WHITNEY.
Columbia River Salmon!
rWT RECEIVED PEat J. A. F LSI IS SH Bti
'an WEB I