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8AVE TIME AND EXPENSE !
BUT THE f HiMPION POST AUGUR, OR TOST HOLE DIGGER
ALL THAT IK It! q IBKD T cnSfVI?rT: AXY OXE OF
tr gnuunu of this hnpb moi is.' r t. s. loaee H oj ' :
Oraap tl. hiuxtye. aaabowntn tbe cat : drive It Sharply into tbe eround
t'.v:i - ''.r.kr c in the earns v,bf. r,i near it until 0jt Perth edcta m she
csbmlrr; raise tt rwt and drup It on the rround aldew-lee. holding the
hanAc in the band, and the emrth win fall out. TP. Y THEM !
We also Offer For Sale,
Bl a v. ,:.. Howi. Anion- Plow. Parr-. Pio. ilsr-. r.. rultivatora
rhimiHm Moving Marblm-a. laavrditi Ilufn. Plant-!".' line. Grub H,--s
Plrk Ain. Pick Mftttuckti. Ot. yhovrls, paO-, : Wood, Irou and Freel,
fUkra: (Taw Knh t-5. 0 Bow. Ox Tot--. On OtuUri.. Scythe : :.;.v, Grind
Hton and nitan-a. Ilaj CuUen. l eed i uU i. Wtoee! and Canal
rarrvw. and otltvr -I o.r W f A
II V on hintf ft Splendid Assortment of
Builders Hardware & Mechanics' Tools
And are constant! v mak.iif addition! thereto. We make tperlaltiel of
House Furnishing and Ornamental Goods,
Lamps, Lanterns, Chandeliers, and Oils.
Seines and Twines, Fish Hooks and Lines
for the Aver... (hemival Paint Co.
Tills PAIXT IS MIXED READY FOR USE,
. -5 . 1 m4 ration rontaitter. A rrr ianr quantity fa heine soM In thf T"-nr Stat, and It la
tm mmy tker Palnl mrit. W ha. in wtctc at pr.-nt only Cha pur White, but ran
, aftMrtv-on- diffWnt hafl and rfflorn, -which can b aeltsct.. fr.m a aam pie card ai ourottw.i
Wi rt im Communication with Manufacturers anf Afnts of all hinds of
IMPROVED FARMING TOOLS AND MACHINERY!
AM BESPEtTTI I.I.Y
Solicit Orders for any Class of Goods in Our Line !
nt la oarBecaot obtainable In this Mark.:, wo Hill IJIFOKT TO UKIItS, from Kugaind. Germany, or
amy fan rfimt nib: sum on r mm liberal i.nni
DILLINGHAM & Co.,
. aud 9T King Street.
I o .
AN INDEPENDENT JOURNAL.
DEVOTED TO HAWAIIAN PROGRESS.
PUBLISHED AND EDITED BY
HENRY M. WHITNEY".
WEDNESDA Y. NOVEMBER 8.
hi vi nioitn i .
-. Uka!.'. IV . '
- . . m fro?L ih :
JOHN NOTT & Co.
OFFER FOB SALE
A VLVAVIZEP IRON" PIPE, GOOn feet assorted sized, M, Jf, 1, 1, 1U, 2.
GmJv'i Trimming, EItkjws, T Ways, Reducers, Couplings, I'tiion Couplings, Check Xuts,
Owe Ctnrool Tin Plate, 10x14, 14x20, 12x12, IC, IX, 1XX. 1XXX,
ike; Bi a Tm, Oopjier. Iron mid Tinned Tackn, Tinsmiths' Trimmings,
Full Assortment of Hand made and Pressed Tinware,
Street Cor-jer. 16. is. SO, 34, 40, t, 0 oz 4Sx72 in., Sheet 7.ine,
BRASS AJED SOFT SOLDER, Iron Wire, Lead Pipe.
I U MBERS" MATERIALS, Sheet Lead, Hose Bibs, Stop Cocks,
CABB"S PATEST WATEB CLOSET, Douglas Pumps, Rubber Hobc, Hose Nozzles, Sprinklers.
I-ull Assorl moiit oi" Tinware !
Alwats on Hand.
SF.SSIO. LlffS OF 1876.
To consolidate and amenil the law of evidence.
(Continued from last issue.)
Part 5. Of the Substitutes for an Oath.
Sec 48. Every court and p rsoo now or
hereafter having by law or by consent of parties
anthority to hear, receive and examine evidence,
i herpby empowered to administer an oath to
all pacb witnesses as are legally called before
them respectively. Bat if any person called as
a witness, or reqaired or desiring to make an
efriJavit or deposition shall refuse or be unwill
ingfrom alleged conscientious motives to be Bworn
it shall be lawful for the court or person having
by law or by consent of parties authority to hear,
receive and examine evidence, or for any judge
or person qnali6e) to take affidavits or deposi
tions, upon being satisfied of the sincerity of such
objection, to permit such person instead of beimr
sworn, to make his solemn affirmation or declara
tion in the words following, that is to say : 1
do so'emly. sincerely, and truly affirm
and declare, that the taking of any oath is ac
cording to my religions belief, unlawful, and I do
now also solemnly, sincerely, and truly affirm
and declare that the evidence, &c. Which
solemn affirmation nnd declaration shall be of
the same force and effect as if such person had
taken an oath in the usual form.
Part Ci. Persons whose Evidence may be Re
ceived. Sec. 49. No person offered as a witness shall
hereafter be excluded by reason of incapacity
from crime (perjury or subornation of perjury
only exneeted) or interest, from giving evidence
either in person or by deposition uncording to
the practice of the court, on the trial of any
issue joined or of any matter or question, or on
any enquiry arising in any spit, action or proceed
ing in any court, or before any person having by
taw or by ennsent of parties authority to hear,
receive and examine evidence. Bat every per
son so offered in iv and shall be admitted to give
evidence, notwithstanding that such person may
or shall have an interest in the matter io ques
tion, or in the event or the trial ol any issue,
matter, question or enqniry, or of the suit, action
of proceeding in which lie is offered as a witness,
and notwithstanding that snch person offered us
a wi'neas may have been previously convicted of
any crime or offence except as aforesaid.
Sec. 50. O.i the triil of any issue joined, or
of any matter or question, or on any enquiry
arising in any suit, action or proceeding in any
court, or before any person having by law or try
consent of parties, authority to hear, receive and
examine evidence, it shall be lawful for such
cumstanees, of the supposed statement sufficient
to designate the particular occasion must be
mentioned to the witness, ind be moat be asked
whether or not he has made such statement.
Sec 59. If a witness upon cross-examination
as to a former statement made by him relative
to the subject matter of the case or prosecution
and inconsistent with his present testimony, does
not distinctly admit that he has made such state
ment, proof may be given that be did io ftct
make it: but before such proof can be given,
the circumstances ol the supposed statement
sufficient to designate the particular occasion,
must be mentmne I to the Witness, and be must
be ueked whether or not he baa made such state
ment Sec. 60. A witness may be cross-examined as
to previous statements made by bim in writing
or reduced into writing relative to the subject
matter or the cause or prosecution, without such
writing being shown to him ; but il it is intended
to contradict such witness by the writing, bis
attention must, before such contradictory prool
ran be given, be culled to those parts of tbe
writing which are to be used for the purpose of
so contradicting him ; provided alwuya that it
shall be competent for the court or person having
such anthority us aforesaid, at uoy time duriug
tbe trial or enquiry, to require the production of
tbe writing for his inspection, and he may there
upon make such use of it for the purpose of the
trial or enquiry as he sb.dl think fit.
Pari 9. Miscellaneous Provisions.
Sec. 61. All courts aod all persons having
by law or by consent of parties authority to hear,
receive and examine evidence, shall heocelorth
lake judicial notice of the signature of every
persou who is, or shall be, or shall have been
Premier. Cabinet or Crown Minister. Judge of
the Supreme Court or of any Circuit Court, or
Clerk or Deputy Clerk of ihe Supreme Court, or
any Circuit Court, (he Commissioners of the
Board to quiet land titles, or masters in chan
cery, provided sdcIi signature shall be attached
or appended to any decree order, certificate,
affidavit or other judicial or official document.
Sec. 62. It shall not be oecessary to prove
by the attesting witness any instrument to the
validity of winch attestation is not requisite ;
and such instrument may be proved by admis
sion or otherwise as if there had been no attest
ing witness thwreto.
Sec. 63. Comparison of a disputed writing
with any writing proved to the satisfaction of
the court or person having such authority as
aforesaid to be genuine, shall be permitted to be
made by witnesses ; and such writings and the
evidenco of witnesses respecting the same m ty
be submitted to such court or person and the
jury or assessors Jif any) as evidence of the
genuineness or otherwise of the writing in dis
pute. Sec. 64. No confession which is tendered in
evidence on any trial, shall be rejected on the
ground thai a promise or threat tins been held
out to tbe person confessing, unless the judge or
other presiding ofiker shall he of opinion that
the inducement was really calculated to cause
an untrue admission of guilt to be made ; nor
shall any confession which is tendered in evi
dence on any trisl be rejected on the ground
that it purports to have been made on oath, if
proof can be given to the judge or other presid
ing officer, that in fact it was not so made.
Sec. 65, From and after the cuining into
operation of this act, it shall not be lawful for
uny justice or other petsoo to administer, or
cause, or allow to be received any oath or uffidu
vit, touching any matter or thing, whereof sach
justice or other person hath not jurisdiction or
cognizance by some law in force at tbo timu
being ; hut nothiug in this eecliou ahull be con
cause be postponed by the court, or a failure to
sustain the indictment upon the law involved, or
a verdict of oot guilty by the jury, or the suc
cessive disagreement of two janes impnnueled to
try the cause, shall operate as an acquittal of the
accused, and the court shall order bis discharge
Sec. 4. The Attorney General or tbe sheriffs
in the several circuits shall famish to the Clerk
of tbe Court three days before the first day of
the term a list of all criminal esses triable by
jury at such term that the calendar may be
II. Discharge without prosecution.
Sec. 5. It shall be lawful for the Attorney
Oeneral, iu respect of any person or persona now
or hereafter imprisoned under committal for
trial for any offence, to grant at any lime a cer
tificate under bis band in the form following :
To the Judges of tbe Supreme Court of the
Hawaiian King lom or any one of them.
This is to certify that I decline to present an
indictment against A. B. detained in the custody
of tbe Marshal in the gaol at
under the warrant of I'. D . Esq., Police or Dis
trict Justice of upon a charge of
r rr :
ut 1 , I . mm m H ul r 1 W
long to the person so named, and anomer or
others aa the case may be : and whenever in
any indictment for any felony or misdemeanor
it shall be newtsary to mention for my par
pose whatsoever any partners, joint tenants,
parceners or tenants in common it shall be
sufficient to describe then in tbe manner afore
said ; and this provision shall be construed to
extend to all joinl slock companies and trustees.
Sec. 17. All property, reel and personal,
whereof any body corporale shall by law have
the manugeuienl, control, or custody, shall, fur
tbo purpose of any indictment or proceeding
against any oilier person for uuy offence com
muted on or io reepeel thereof, be deemed to
be the property of tucu body corporal.
Sec. lb. Iu any ludwluieul lor murder or
manslaughter or lor beiog an accessory to any
murder or manslaughter, il shall not be necessary
to ael forth the manner in which or liie meana
by which the death of the deceased was caused,
but it shall be sufficient in any indictment fur
murder to charge that tbe defenduut did felo
niously, willfully and ut his inalice uforelbuugbl.
kill and murder the deceased ; and it shall be
sufficient iu uny mdictnieul for roanslaugDier lo
change thai the defendant did feloniously knl
and slay ihe deceased ; und it shall be sufficient
in any indictment against any accessory lo uuy
murder or manslaughter, In charge the principal
with tbe murder or manslaughter (aa Ike case
may be) in the manner bereinbelore specifieti
aod then to charge ikn dafeodaul aa un accessory
in Ibe manner heretofore used and accustomed.
Sec. 19. In uuy iu.ncimeut for forgiug. altar
ing, uttericg or offering any instrument whatso
ever, or for pussing, negotiating, assigning or
transferring, obtaining or attempting lo o'ataiu
any properly by false pretences or for any utTence
aguinsl Capler XXI II of tbe Penal Code it shall
tie sufficient where II shall be necessary lo aheKo
an intent to defraud or injure lo ullage that the
defendant did tbe act with intend lo delraud ur
injure (aa the case be) wilboul alleging au iu
leul lo defraud or injure any particular person,
and in the case of obtaining or attempting lo obtain
property by false pretences, without alleging any
ownership of the money or other thing ot value.
And on the trial of any of the offences in this
Sectioo mentioned, it shall not be necessary io
prove an intent on the pun of the defendeut lo
defraud or injare any particular person, but it
shall be sufficient to prove tbat tbe defendant
did the act charged with an intent to defraud or
injure (aa the case may be.)
See 20. In any indictment tor any offence
committed after a previous coovictioo or convic
tions Tor any felony or miademeunor, it shall be
sufficient After charging the aubseqaanl otleuce lo
stale Ibat the offender was at a certain Uuie and
place, or at certain tunes aod places, couvicled of
felony or misdeineunor. and lo alale the sub
stance, and effect only omitting iho formal pait of
tbe indictment and conviction, for tbe previous
offence without otherwise describing the previous
offence or offences.
Sec. 21. Iu every indictment whatsoever iu
which it shall be necessary lo muke auy aver
ment as lo auy money or valuable security, and
in every indictment for embezzlement, Irauduleui
application or fraudulent despoailiuu wliere the
offence Bball relate to any valuable security, it
shall be sufficient lo describe such uiuuey ur
vuluble security simply as money, without speci
fying aoy particular coin or valuable security.
And auch allegation so far aa regards Ike de
scription of tbe property, shall iu all cases be
sustained by proof of auy amouot of coin, aod iu
the cases of ihe offences hereinbefore in this sec
tion specially named of any valuable security, al
though tbe particular species of coin of which
said amount was composed or tbe particular
nature ol tbe valuable security shall not be
proved, and in tbe cases of the ofionces so spe
cially named und also iu tbo case of obtaining
money or other property by false pretences, by
proof tbat the offender embezzled, fraudulently
applied or disposed uf any aniouul or oblaiued
any piece of coin or any valuable security or any
portion of the value thereof respectively allhougb
Ma piece of coin or valuable security (as tue
case may be) may have been delivered to uim in
order that some part of tbe value thereof should
be returned lo ibe parly delivering the same or
lo any other person, and such part shall hava
been returned accordingly.
Sec. 22. It shall be lawful to insert several 1
counts in tbe same indictment against tbe same :
person for any number of distinct acts of steal
ing, not exceeding three, which may bavu been
committed by bim ngaiuat ibe same person with- !
in the (pace of six mouths from the first lo the
lost of such Acts, and to prosecute thereon for I
all or any of them.
Sec. 23. If aoy indictment for stealing or for
any fraudulent purpose, destroying, cancelling,
obliterating or coucealiug tbe whole or aoy part
of any document of title to lands, it shall be suffi
cient to allege such document to be or lo con- I
tain evideuce of the title or of part of lbs title of
the person or of some one of Ike persona kavina-
an interest whether vested or contingent legal or
eqtuUble in iba real estate to which Ike same
relates and to mention auch real estate ur tome
Sec. 24. In any indictment for any of the
followiog offeoces il shall not be necessary to
allege tbat tbe instrument, document, article or
thing in respect of which the offence is committed
is the properly of aoy person (tbat is to aay).
t he offance of Stealing any testamentary instru
ment. The offence of alealing aoy original docu
ment of any court. The offence of stealing or of
rippiog, culling, severing or breaking wub la
tent to steal anything made of metal fixed in
uny square or street, or in any place dedicated to
public use or ornament.
(To be concluded in our next issue.)
lii .-en under my band this day of.
court or person io rece, e me evince o, any , . . mmnnxli..
linnr. notwithstanding ne may be destitute of I ,b,,i.,.:, i,r.. .:....:-.: .. .... -
BALYANIZED BUCKETS AND TFBS, STAMPED TINWARE.
- aa. Wn would rasui-etfullv invite the attention rf
H ns.- Krejiers tn onr full nnd complete assort
STOVES AND RANGES,
From the lieet Troy and Albany, New York
Stove Foundries, consisting in par.1 of the !
" Hack's Patent,' "Magna Cbarta," Laurel,
Opera and Coupon Ranges. Also, Mistress
Range, Victorcss Stove and Pacific Caboose,
made in Glasgow, where iron is cheap.
And to Arris hm- City or ftcw York
mill Sinn. "flOltl"!
Tartiea on the other Islands favoring us with orders by mail for any of the above goods, &c
aay depend upon having their requirements filled as satisfactorily as if present in person. In
lequircnient and limit- (!..ijtla cim-IulW packed.
No. 9 Kaahumanu Street.
-SM:i I MH KM(.MI) ItM.S TO
inform !.. frM-iid and itiv I
.t thai Im ha
REMOVED TO FORT STREET,
Or-poaMr O ld tllnni' HaO.
Mlii ii he sHW atfree Krart .1 II all a. In repairing Ohrnnonie.
-tv Waa-Sesa, SMi CUrSts. and hi w.u-l,. will be
J. nil I II"
BMIIv KIllDl WA ORK.IX M.l.Y fill
i a fntloon t ph va
ii l tamtlv. Jitji
burtr ttiaU.. Ta ar
r i ...! r.-
icr or tnr
try to pn-
tbl- It wan
of Mr. Hunt lo prurutr and ni
a iBsinwirnwl. and a4tnoai from thr
Tr,rr,lo'ri a davldi! improvr-nii ut tteanir
kv4titpra irrmMiarHf airt-rtfd and
fr ; thr ww: it n af th Ice raptdl v auhtdd,
rr frrwa aju. rsautt.-i tbttr !. h.tM and
rat . (he &-aah of lln.hr- rmnmrsl ltaruutlily,
: aiiwtaa aaai hr war rapidly ronvalfarltic
iW- . prnrnpaad bjr (liia eajatf itnproTrint.
rroMrdv for a abort time
rta&av for ihf rvrattvr procsa waa ar-lTr-y
Aacrd tti thrtr ar'tto. tajraift tvsmi
w wavr tiiK-raaaawl with frtcbiftU rapl.iity
rate ftend hsat4f tn a vrj aUrniini; ta (o.
i at acatr, havl rrovurw to, and oy u rsprac-
mtmm -in a wcH ilmi wMaml. But
it ara-. atrd and wv caar, and It Wink ail
ibr Rrflrrij , ombU.M with care and Um.
r rsffvrt afw dtNur-. Rut thnijrh a prr
f ft a paariia:rrl rurr ww (! and hr
-t:- swat-asf-door os-rupattot-. w ithtn a abort
r manner tn which the Rr-mec-v wan hn-rtrht
. aiac iiM. for a parkod erf ! rttU fivt (SSi
!inf tta hern pnraartaart after thr tun-" ap
ka hy Iba. If oat, and uard b our first pbyai-
wm tnt au-i r
My koown and rxltana)veity
both with and without
rrf fJto int
eis-knvan HlHiftl ,,
Tar aadrrWT THaani' rnr Ttrtsbr. ITU aae. aoit
rsn4 ewrr raw, t TWotwr watch 11 ba Seen
QpsPvawj ' a'w,,aatalcsTt ffitt Jlwft of thf Rsaattder Inftamatas-ti
rtkeEMDrr IVaiM of thvSltnev and WaiMar
taasnn la nwinn.n t tea awt.Mi aua iviut
raX 5err. Wakrmtne-si.
ti ttre Rarw or IsAttift.
pi. Uit: i ace, l-aiiid Ooaun
... .i- r.. t aeas t,r ws
aaaa ssrsaVswaaaw mm aa. aw tae mean,
Brasa ajawastaaraawl SlfcWUsal ami a,i , ass mmm
awaaratia i laawaitli all
Rvrr tSe ptfrvTV fW ra than tWtmi v Vra ns.
-rfce -aaa am a tf tartrtt frorn MivCwtiiTtr and
Th i.anflrtM-t of our BMM
Tait MrttcJce was Werer Known to Fail
Pries Si .50 par Bottle).
WELDER $c CO.,
Importers and Dealers in
BUILDING MATERIALS !
ALL DESCRIPTION S
s SUCH AS
.or'Wes Scantling, Boards !
Tongaftd A 0roord, Surfaced.
Planks. Battens, Pickets !
in. x 4, 1x5, aod 1x6, for
Scantling, Boards, flunk.
Battens 1x3, 1x4, 1-2x3, and t-Sxl
Piekrls Rouxh and Fancy,
Eurfaoed Boards ud T .oik , 7.E to 2 In.
Tonguad aad Grooved
RUST I 8 UDXNGr.
TIMBER FOR SHIP USE
T Vl 1 - La Vasr 1 aJ
Clear Nor'West. for PlanterB Use
EASTERN WHITE FINE,
California and Eastern Doors, all sizes
SASH, all shea : BLIND, all riras ;
WHITE LEAD and ZINC 1
I'AIM OIL SMALL PAIXT OIK A 1
Patty and Varnish,
Glass, No. tit and 3,
Wall Paper and Border
Notice to Planters.
rfBB lWl aMKD BBtaS Tt UT, I
M sjoSV. to pauiten aad others on tbeae Island..
la a few m eelOl.
of U., oooutr.v, on the
to oar of OasetW
naanas.Mi.Haai mmt to .illi aasi ii
swaaf "'n' CgX&UBOESTgat.
aLTLC, -Tattaat rnsaiad
tjaiaaxCJaTaii4! irOtos' in
caart A al and F . K. SeaM
. r . aai la n.ew- t atawal
l rrtawda aad SKrawafan awDaraily are
r orator FOBT ST.
aM eereaatoU at 11
are provided fr ail
Ttorr la a WedneadAr
ar Prs-ar ai-eOsw at CVeapek tn the Lecture
.to-tosaallatoaa. i.l IU U
Iron and Tinned Tacks,
Paiut and Wnitewasn Brnsfaet,
ant c. c twtiana has tua day beet:
METALLIC AND FIRE-PROOF PAINT
For Plarjiatioo or any Other Use,
Baits and Hinges.
Books and Eyes, 4c.
Salt in Quantities to Suit.
rMVsi au .
California Beef in Bond.
It For sale bv
FEB a. BELLE
thn kniiwled?e ol imd and ot nny neliel in re
ligion or in a future slate of rewards and punish
ments. Provided always, that the evidence of
such minnr shall be given upon Ins affirmation
or declaration to te.ll ihe truth, the whole truth,
and nothing bnt the truth, or in such uther form
as may be approved of and allowed by such court
or person as first aforesaid, und after ho shall
have been cautioned by such court or person that
he will incur and be liable to punishment if he
rVi not tell the truth. Provided also, that ao
1 such evidence shall in any caso be received un
less it shall bu proved to the satisfaction of such
conrt or such person, that such minor perfectly
understands the nature and object of such decla
ration or aftiinalion as aloresaid. and tbe purpose
for which his testimony is required.
Sec. 51. Un the trial of any issue joined, or
of any matter, question or on any en
quiry arising in nny suit action or pro
ceeding in nny court or before nny person having
by law, or conseul ol parlius authority to hear,
! receive and examine evideuce, the parties tbere-
to, and tbo persons in whose behalf any sucb
I action, snit or proceeding may be brought nr de
j fended, and the husbands nnd wives of snch
I pirliesand persons respectively shall (except
j as hereinafter excepted) be competent and com
pellable to ttive evidence, cither in person or bv
deposition, according to the practice of tlje conrt,
on behalf of either or any of the parties to the
said suit, action or proceeding.
Sec. S2. The defendant in nny criminal pro
ceeding may give evidence on his nwn behalf,
nnd shall thereupon be subject to cross-nxamina-
lion in like manner as any other witness, but in
case any sucb person shall neglect or decline to
offer himself ns a witness, no inlereaco shall be
drawn prejudicial to inch accused by reason of
such neelect or refusal, nor seall any artrnment
be permitted lending to injure tbe defence of
such nccased person on account ofsucli failure to
offer liinisoll as a witnef
Part 7 Privileges, DisabUitiai, aod Obligations
Sec. 53. Nothing herein contained shall ren
der any person who in any criminal proceeding
is charged with the commission of any iodictable
offence, or any offence pnniihtble on summary
conviction, compellable to give evidence for or
against himself -, or (except as hereinafter men
tioned) shall render uny person compellable to
answer any question tending to criminate him
self, or shall in any criminal proceeding render
any husband competent or compellable to give
ovidence against his wife, or any w.fo competent
or compellable to give evidence against her hus
band, except in sucb cases where aoch evidence
may now tie given ; provided also that in all
criminal proceedings the husband or wife of the
party accused sball be a competent witness for
the ilrfnMe.li Q YJT A TZ.O'J
Sec. 54. No husband slmll bo compellable to
disclote any ejoromonlcation made to kiot by his
wife during the marriage, and no wife shall be
compellable to disclose an v communication made
to tier by her husband nurinr; the marrioge.
S- f i.'i. No clergyman of any sdiarek or re
ligious denomination shall, without the consent
of tbo person nuking tbe confession, divulge In
any action, suit, or proceeding , whether civil or
or rriminrl. any confession made to him in his
professional character according to the aaei of
the church or religious denomination to which he
belongs, and no physician or surgeon shall, with
out the consent of his patient divulge in any
civil suit, action, or proceeding (unless the sanity
of the patient be tbe matter in dispute) any in
formation which he may have acquired . io at
tending tbe p.aient, and which was necessary to
enablo him to prescribe or act for the patient.
Sec. 56. No witness sball on tbe trial of any
issue joiner, or of any matter or question, or on
any enquiry arising in any (ait, action or pro
ceeding, wbetber civil or criminal, be permitted
to relasa to answer any question wbica is rele
vant n-id material to the matter in isebe on the
ground that the answer may expose him to any
penalty or forfeiture, or may disgrace or crieai
nata himself, unless tbe conrt or person having
by law or by consent of parties authority to hear,
receive and examine evidence, shall be of tbe
opinion that the answer wilt tend to subject sucb
witness to punishment for treason, felony or
Part 8 The Means of Discrediting Evidence.
See. 57. A witness may be questioned as to
whether be baa been convicted of any indictable
or other offence ; and upon beiog ao questioned
if be either denies the fact cr refuse to answer.
It sball be lawfal for tbe party so questioning to
prove such conviction.
Sec. 58. A party producing a witness shall
not be allowed to impeach bis credit by general
evidence of bad character ; bat may contradict
him by other evidence, of (in else tbe witoesa
shall is the opioieo of tbe court or person having
oy taw or consent oi parlies, antnonty to hear,
receive and examine evidence prove adverse)
may by leave of snch court, or person prove tbat
be has made at other times a statement incon
sistent with his present testimony ; bat before
such last mentioned proof can be given, the cir-
or affidarit before any justice in any matter or
thing touching tbe preservation ol the peace, or
ilia foo-eouiioii, trial or p II II I s 11 III e II I Ul OlieUCeS,
or touching any enquiry beld before any justices
in tbo nature of coroner's inquests respecting
sudden deaths, or touching any proceedings be
fore the Legislature or any committee thereof,
nor to any oath or affidavit which may be re
quired by the laws of any foreign country lo give
validity to instruments in writing desigued lo b
used in such foreign countries.
Sec. 6G. From and after the coming into
operation of this law, the following laws or parts
ot laws snail be and the same are hereby re
pealed, Sections 1212 to 1227 of the Civil Code,
both inclusive. An Act approved on ihe 25th
day of July, A. I). 1862. entitled "An Actio
provide for the perpetuating of testimony." An
Act approved on the 30th day ol December, A.
I). 1864. entitled " An Act to further facilitate
tbo taking of testimony."
Between A. li plaintiff,
and 0. D defendant.
Take notice tbat the proposes to
prove the several facts and doenment hereunder
specified, and thai such document may he in
spected by the plaintiff (or defendunt)ibis at
torney or ugeiits nl on
next, between the hoursVif
and o'clock, and that the plaintiff (or
defendant) is hereby required within fony-eighl
hours from the lust mentioned hour to admit tbe
SBid several facts, and that such uf the said docu
ments ns are specified lo be originals were re
Fpvctively written, signed or executed as they
purport re-uiecuvely to havo been, that such us
ore specified: to he copies, aro respectively true
copies, and such copies as are stated to have
been served, sent, or delivered were so served
sent or delivered respectively, saving all just
exceptions to iho admissibility of all sucb lucts
nnd documents as evidence ;n this cause.
Dated this day of 18. .
G. H. attorney or agent for, etc.
To Mr the attorney or agent.
Uescrtpiloa of Documsuis. oi.;...
1. An asreementslsned by tbeplainr4.fr 1st January,
John Doe. IMS.
2. a letter from the defendant to the 1st February,
Deacrlptlou of Original or riupllcale,
7SE5EST tM -reed, toni or deliver.
ed, bow or by wbom.
I. Letter from
Plaintiff to 1st January, Sent by Post on the
Defendant. Is SO. earn. day.
That the above named John Doe was nu
Ibotized by the defeodant to sign tbe above
mentioned agreement on bit behalf.
That John Jones died on the lit day of
.Marcn, iri. ..intestate.
3. That John Smith was at tbe commencement
ol this suit heir-at-law oi the said John
I hereby admit the originals numbered 1, the
copies numbered 1, and iba facta numbered li
" A. It., Uufetjdaat s Attorney.
Approrod this 19th day of September, A. I)
1876. K A LA K A L A U.
To regulate tbe practice and procedure in
Be it enacted by the King and the Legiala
live Assembly ot the Hawaiian Island in Ibe
Legislature of th k'bie.loni Bs..-mbl,-d.
I. Of the time for presenting indictments.
Section 1. In all cases of ofiences against tbe
laws of this Kingdom, triable only by a Court of
Record tbe accused shall be arraigned and pro
secuted by ao indictment by a legal prosecutor
of tbe Crown, as soon after tbe commitment of
the offence for wbicb he Is accused as may be
expedient ; provided always tbat tbe presen
tation of an indictment against an nccased sball
oot be deferred beyond tbe term of the Conrt
having jurisdiction ot the alleged offence next
serenading tbe commitment of the accused for
trial by a magistrate bating competent jurisdic
tion therefor. Aod tbe trial shall then and
there be proceeded with, unless tbe same sball
be postponed by tbe court as hereinafter pro
vided. Sec 2. The necessary bills of indictment
hall be duly prepared by a legal prosecuting
officer and be duly presented to the presiding
judge of the court before ibe arraignment of tbe
accused, and such judge shall, after examination.
certify upon each bill of indictment wbetber be
finds the same a true bill or tot.
Sec 3. Tbe failure to prosecute upon the in
dictment if found it the ensuing tenn of tbe
court unless the venue be changed, or aalesi the
F. F., Attorney General.
Addressed to tbe Judges of the Supreme
Court or any one of tbem, who shall ihereupuo
hy warrant under their or his band iu the form
.Marshal ot the Hawaiian Kingdom.
Whereas, A. B. is detained in your custody
nnder the warrant of 0. D., Ksq., Police or Di-
trict Judge of upon a charge uf
an., whereas it baa beeo certi
fied lo us (or Me) by His Excellency C. F., tbe
Attorney General of the Kingdom, tbat be de
clines lo present uny indictment against the said
C. D. for the said offence ; you are therefore
hereby authorized and required forthwith to dis
charge the said A. B. from your custody upun
tbe said wurrunt.
Given nnder our (or my) hand this
day of 18. ..
U. II. I Judges (or Judge) of tbe
J. K. j Supreme Court.
Order and direct the Marshal or Gaoler in
whose caslody any sucb prisoner shall be, im
mediately to dischurge. ibe prisoner therein men
tioned from imprisonment, in respect ol tbe of
fence mentioned in the suid warrant.
III. Venue, Ac.
Sec. 6. The offence of uny person who shall
be uu accessory either before or after the fact lo
uuy felony may be dealt with, enquired of, tried,
determined und punished by any court wbicb
shall have jurisdiction to try the principal felony
or any felonies committed io uny place, iu which
the act by reaaou whereof sucb person sball have
become such accessory shall have been com
Sec. 7. Tbe uffence of polygamy may be dealt
with, enquired of, incd, determined and punished
in any jurisdiction within which the offender
shall be apprehended or be in custody in the
same manner in nil respects as if tbe offence had
been actually commuted within thai jurisdiction.
Sec. 8. Whosoever shall receive any chattel,
money, valuable security, or other properly
whatsoever, knowing ibe aame to have been
lelonioosly or unlawfully stolen, taken, obtained,
converted, or disposed of, may (whether charged
as aa accessory after tbe fact of the felony or
with a substuuliuiive lelouy, or with a misde
meanor only) be dealt with, indicted, tried and
punished in any jurisdiction in wbicb be sball
have had any such property in hie possession, or
it any jurisdiction iu which tbe parly guilty of
the principal offence may by law be tried, iu the
-.line maimer as sucb receiver may be dealt with,
indicted against, tried und punished in the juris
diction where he actually received sucb properly.
Sec. 9. Whosoever Bball steal any part of
any ebip which shall be iu distress, or shall com
mit any other of the offences enumerated in the
Suction 6 of Chapter XXIII. of the Penul Code.
may be indicted und Iried belore aoy Court of
Sec. 10. Whosoever shall commit any offence
of forging or altering any mailer whatsoever, or
of offenog, passing, nogotiatiug, assigoiog or
trausfering any matter whatsoever, knowing tbo
same to be forged or altered, may be dealt with,
indicted, tried and punished io any jurisdiction
in which be shall be apprehended, or be in
custody io the same manner in all respects as if
hi offence had been actually commuted in that
jurisdiction. Aod every accessory before or
ufter ihe fact to any such offence, may be dealt
wilh, indicted, tried and puuisbed in any juris
diction iu which he shall be apprehended, ur be
in custody in ibe same manner in all respects as
if his offence, and the offence of bis principal, bad
beeu uclually committed in such jurisdiction.
Sec. II. Where any person shall tender,
utter, or put off any false or counterfeit coin in
one jurisdiction, ami snail also tender, utter or
pul off, any other false or counterfeit coin iu any
uther jurisdiction, either ou the day of sucb Grot
mentioned, tendering, uttering ur putting off or
within the space of ten days next ensuioir. or
where two or more persons acting in concert in
different jurisdiction shall commit any offance
againn Cbapter XXXI uf the Penal Code, every
such uffeuder muy bo deull with, indicted, tried
aod punished, und the offence luid and churged to
havo been committed in auy one of the raid
jurisdictions in the same mauner in all respects,
uh if the offence had been actually aud wholly
committed within one such jurisdiction.
Sec. 12. It shall not be necessary to state
any venao iu the body of any iodictmeut, but the
jurisdiction named in tbo margin thereof shall be
taken to bo Ibe venue for all tbe fuels stated in
tbe body of sucb indictment: provided that io
cases wbere local description is or hereafter
shall be required, such local description shall be
given io the body of the indictment.
Sec. 13. It shall be lawful Tor any Courtof
Record, or any judge thereof, at any stags of
any criminal proceedings depending (herein whe
ther the venue be by Taw local ur not, to order
that the venue be chunged, and to direct thai
the trial be bad in Honolula or in some par
ticular judicial circuit ; in sucb cases aad for
sucb reasons as the justice of ihe case may re
quire, ami subject to auch conditmna aa the
court or judge may in its or his discretion im
IV Joinder of defendants in certain cases.
Sec. 14. Any number of accessories, at differ
ent times, to any felooy, aud any number uf re
ceivers, at different limes, of the whole or any
part or parts of any property wbicb shall at one
time have beea stolen, taken, extorted, oblaiued.
embezzled, ur otherwise disposed uf in sucb man
ner as to amouot to a felony, may be charged
with substantive felonies io the same indictment
and may be tried together, notwithstanding the
principal felon, shall not be included in tbe eame
indictment, or shall oot be in custody, or amen
able lo justice.
V. What indictments shall suffice and avail.
See. 15. No indictment for any offence
hall be beld insufficient for want of the aver
ment of any matter unnecessary to be proved
nur for the omissions of the words " as appears
upon Ihe record," or " as appears by tbe record,"
or of the words "wilh forre and arms," or of the
words against tbe peace," or lor the insertion
of tbe words " against tbe form of tbe statute,"
instead of tbe words " against tbe form of the
statute," 'or vica versa, or for that aay person
mentioned in the indictment is 'designated by a
name oi omce or oiner descriptive appellation,
instead of bis proper name, or for omitting to
lata tbe time at which the offence was com
mitted in any ease where time is not of tbe
easeoce of tbe offence, or for stating tbe time
imperfectly, or for stating tbe offence to have
beeo committed on a day sabeeqaent to the
finding of tbe indictment or on ao Impossible
day, or on a day tbat never happened, for want
of a proper or perfect venue, or for want of a
proper or formal cooclosion, or for want of or
imperfection in tbe addition of any defendant,
or for want of the statement of tbe value or
price of any matter or thing, or tbe amount of
damage, or of injury io any case wbere tbe
value or price, or the amouot of damage, or iu-
ury, is not ol me essence ot the offence.
Sec. 16. In any indictment for anr felonv.
or misdemeanor, wherein it (ball be requisite lo
state the ownership of aoy property whatso
ever wneiaer real or personal, wbicb shall be
long to or be in tbe possession of more than
one person, whether such persoos be partners
iu trade, joint tenants, partners or tenants in
common, it shall be safBcient to name one of
inch person and to (tale each property to be-
FINE WRITING PAPERS.
SIR FRANCISCO. IEW TORI AID
ao oi riux a;, si pplikb oar
Writing aod Other Papers,
SlUUlia watrb may to
Letter Paper. raM.aJ.tose vaaaaaa Mia,
tooaa tAato So VA.ee pmr
Not Paper, pJ a-4 reeed. frees rue aa t
French Note and. Letter Paper, "
Cep, Flat Oap. Legal and Bill Papers,
A Issue stock always oo based.
Thin Overland Peat, eaeta ead ec
o vaaVJUU wi
TISSUE AMD t OPYIMG PAPEB9,
KKOfCATKD UTAB PAfTrja.
NEWS AXD BOOK PAPEBS,
maxilla WBAPryaa pa
thick aad into i
H. M. Whitney.
RECEIVED BY LA TE ARRIVALS,
A LAROR SUPPLY OF
American and English 1Mb
OFFICB STATION BET A a.. As.. Ac.
S-IAPP.lPKB. LEHAL CAS.
sav siou, raper.
Hew Style, thin French Issuer aad Xoto
Ka veiopea al ail Hiykse,
raaBel BSAJUU and (UM eoa.
SCRAP and POSTAGE STAMP AlBOK,
Stereoscope and SLtrvoacrrp KisrsesL
Olaaa Metal aad I aatosr '
floe Wallets, him aad I
PAPIER MCHE IRQ I0ROCCO raRiTtUBf
Pcs.i1 and scored fart
Eye Glasses. Reading Qlasaaa.
A f es
Tnrtniee s,ell i
Quill and Wood fontriptrke
Steel Pere r.lliott-e.
Crystal .nd Diamond
I v.rv Paper Knives and
Ink Kltrartsrs and
pares , aj BBSu BBBBB
and Rnhtor RsUern
WRITING DESKS. I FIRE ASSORTIENT
All ordrv promptly nil,.
THEO. H. DA VIES
OFF EBB FOB MA LB
BRITISH BARK " CLETA, '
13S day rrsen Lfviraeel.
The carro rnnalata of a ran aaasraaaaat af
IS LARUE TABIBTT.
Fine aad Raw Priata,
Kmb'd Muslins. While Cotlea,. LUatuM,
Saddle,. W.,l Skirt,. Prilled i
Neck Ties. SUk CtokrelUe,
Pilot Jacket, aod Treaeera.
A. W. PEIRCE & CO.
Offer for 8a le
WHALE BOATS AND BOAT STOCK,
FloiJLr cto Bread !
Lime and Cement,
By Steamer from San Francisco,
Potatoes, Onions, &c.
Brand's Bomb Lancet,
Perry Davit' Painkiller.
Pnnloa Salt Workt
..um. incy vary rrom on. Inch to uir. or
four Inches In width, and those wiahln Zgs tZLZZ
can hava them deae ia sop atla reqaired a
Bonoc frame, from ao cent, each and apward.
Oval Frame, from IO centa each and apward.
aqnaream Frame, from ft.oeaacb and apward,
Hqaare Black Walnut from 1 1. go each aod Reward.
-seua, 1 on is, etc., also on
Blankets, Tweeds, Drills, Siatioiery,
Geaueir, Flee Pevfaaee,
Velvet Rug, aad Carsato.
PARIS PLOUGHS !
(aada asstaasly far the Islaed trade. ,
Blood. W.lr, A Ce't Ale.
Mtoend's Flf Urea e, Pertar,
Lai aa de's Caret,
nnt n v.
Use Breadj, Whiskey.
Sberrj aad other Wiaas. Aleekel.
Jams and J, Ilia,,
Lea A P.rrln'i
Paints aad Oit.
, equally cheap.
H. H , WHIT1TEY.
CALIFORNIA WEEKLIES !
WILL BE AJS roLLowa.
When Paid Strictly In Advance :
Hoop Iron, Fence Wire.
Corragaiasl Beeing. Bar tree,
flalvaalae aad Hot low Ware,
Tin Ware, Kaivee aad Pert a.
LONDON PIANO FORTES
hawaii aw nataa.
Pipe,. Flow Pta. tawkau-asaea.
C.l.br.ted KilkSaU Paint
Vegetable Muk beery OB,
Fowell Doffryo Steam Coal,
ACsuErro uxiox." (isji.'wiii7,;:;;
"hen not Prfr,ot
Ooaar AddUioato wa, to cAarged , hcaL
Colored Corals and Shells.
AVE VOW OM a A LB TBIB BALAUCE
?aWPl.aAsnu, OsIeveettrakTuaei MkS
aae eaniy early.
aa we above - .1,1 .
of then, rurfe for tot. tbto .Z b. - mTm LmT T
H. M. WHITNIT.
Columbia River Salmon !
el l,VL EI7E,T sT. A. FA1
a. kursala aad keif barrukL reraato
Sw- 1 M.J.