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SAVE TIME AND EXPENSE !
TOP. fflTAHTPTnN PART ATTGTTtt OR 'PflKT UniP MfiBMl !
awajM V AVW ,U W W V XI I Ull 1 VV U Vt-U AS VI
fc tfBCl JL"Xk
E , Mrrsnti
i.t. ncirifi Kii ir:i rt cosvibi i: axt ojte op
I thin uiilili-nu-ul IS or tlieui In it operate.
-a l ., a.
We also Offer For Sale,
tmr Volllw- Fir
At-rkWiv. I! I'lowa, I ! r ro " s CuHivaUT
Mafblir Ho. I'J.itit ra' Hr.-s. Jnil llae
PX AIM. 1 Mutt... ftTrA t"-: W'AfMl, lftn fetid l,
I : . t k ' s:TVtu- KnlV', l In. v.. ( -. ' .. '..nirr" rVytlii- Mmtlis. (Jrilltl
htuit'1. Htut Klxtarea, ita: cuufin, El- J-'-i-d t'utu-rs, U'lieeJaud OiiuU
HV fee) tm tariff a SptnuTla Assortmnii of
Bufyj$ Hardware iV Mt liaiiks" Tools
And art- ronttrnt!y makine a 'Id i turns tlifTHo. W make pxdajtit t !
House Furnishing and Ornamental Goods,
Lamps. Lanterns. Ciiundeliers, and Oils.
C I TL K I Y !
Seines and Twines, Fish Hooks and Lines
Affents fur the Averill (1ieinir.il Paint fo.
THIS FA I XT IS MIXED READY Edit VSE,
Ant4irjy m 1 TT'" ";alj-ir V v.yv Urc .(UunUtyea '..-Ilia; aold In-1 be Vniteit Suites. Binl It is.
rtor r ain otlr PMiiC wM. YTeSiin h, nv KtV' .frfoHrv lh pure Vhtt lait iu
aShasr ass.' gasnlllr. of durty-oa.- dlrT-rriit shall'-, and colnrs, 'which can be selected front a sample card at oar office, i
. ja- . incu tb time we receive tbe order.
AN INDEPENDENT JOURNAL,
DEVOTED TO HAWAIIAN PROGRESS.
PUBLISHED AND EDITED BY
HKXKV ML WHITXEV.
the plaintiffs would comply with the terms of On the same i;ay the; defendant applied by
the offer contained io the letter, before a bind- petition to the First Associate Justice of the
lotr opitract ihould be ffccled. '. 'supreme Court at Chambers for a Writ of Mn-
I'hi re was no appeal taken from tbe decision damns to compel the Police Justice to certify up
nvpWolrnMbf! demtrm.'nr was tbe ntien cf I'the said appeal.
j jurisdiction raised again in tbe answer, but as it i An order to show canse was issaed returnable
has been made a point in the appeal, we will i no tbe 30th August. I he folice Justice sent
consider it. ' up his record and submitted that upon the re-
It is said that the complainants will have an j cords he was right in refusing the appeal, thus
ample remedy at law. This case differs essen- pxtribiling tbe whole case at ouce. Argument
lially IrHin a bargain to deliver 50.00U pounds ut was had and the Writ was, on tbo idrd October,
WSDNESDA V. DECEMBER C.
Sinpri'ine (Marl "fihc HaMsiitan ts.
Cmitnuri. iti'tn WHhmfivtur. r nn1 Aijfnfs nf all kittifft of
IMPROVED FARMING TOOLS AND MACHINERYI
AM Rlalj;-ri l I.I.Y
WaiUkH Stigrtr 0wyinv r. TJ. A. WUl-miaun
and Charles C. Harris.
Ol-IKlUt.JIY.lLBD. J. ,"j
This is an appeal by ihe respondents, proprie
tors nf the Wailuku .Sugar PhatVlilaB, from a
decision t the Conimssiouere of water rights of
the district of Wailuku, island uf .Maui, rendered
tit!. 10th, ! b7:i. which decision is us follows :
" I'lial lliu lele formerly Selongiug In ti e
father of lvaleo, and now the properly of the
Wailtiku iSugur Company, and containing about
fix acres, is entitled to wuter from tbe tVaiehu
Stream or tlitch running on the south side of the
Wiiieiiu Vulley. and that said piece or parcel ol
land shall be watered on the Wednesday ol each
and every week Irom said ditch, and as soun as
the land is wutered the water to be turned into
the said stream or ditch for the use of others,
and no other land belonging to the Wailuko
Sugar Company shall be watered fioin said
stream or ditch flowing from the VVaiehu Valley.''
This appeal was taken tn the supreme Court
in banco, and owing to the First Associate Just
ice being one of the respondents aud the ab
sence of the Chief Justice, it was agreed to sub
mit the case to the final decision ot the Second
Further testimony was taken at Wailuka on
this appeal on tile 13th Juue. 187G, and the
argument was had on the 'i'Jml Jtilr.
nee. it it is a contract at all, it is u contract to
deliver the whole of a certain crop, whether it be
more or less. The plaintiffs had no means of
ascertaining either the quantity ol quality until
it shall have been harves'ed. lint they learn
thai tbe dc-Leudauui .'! aoi deliver it. and in' .
good reason to believe that they intend to tie
liver it to some one else ; they, therefore, pray
(or an injunction to fjrnid tbeir delivering it to
f-others. They had DO means ol knowing what
'the price would be at the lime ol delivery, and,
relying oi tbe i ontract. have rg-tutitncteJ to de
liver it to another, and had no means of ascer
taining what they would be obliged to pay for
non-compliiince with their own contract to de
luer. and therefore claim the specific fulfijliueut -
f their coulnici. " It is against e mscienee that
a party skoald bure the right of election whether
he vhall nerrtfrm his CoVeuiinl or only pay dam
ages for the breach of it. But there is no rea-
F. T. LENEHAN ft CO.
The petitioners noted an appeal, verbally, tbe
same day. and on the 23th October Hie Attorney
tteneral appeared betoro the supreme Court
then sitting in Bunco at the Term, and asked
! the court to Set some tune in vacation (or hear
' iug the question be intended to raise as to whe
ther an appeal would lie Irtuti an ordei at Cham
bers refusing a Writ of Mandamus. The court
set the 2nd of November for the hearing, and
the counsel for the petitioners took notice. The
Supreme Conrt adjorned sine die on the 27th of
The members of the court came in on the 2nd I
November, but the case weit over until Ihe 3rd, j
when the Attorney Ueuprul moved to dltmisa
the appeal on the ground that the order of ihe j
First Associate deuyiog the Writ could not he
appealed from. The counsel for the petitioners
submitted that he is not called upon to present
Importers and Dealers In
Front the A I
eotiable objection to allow the pnrty who is to bo Ids case, because under tbh .Statute and Uules of
injured by the breach to have uu election either Court the appeal and all questions concerning it
to ik'.m. .gi at taw or lo have a spec! 9c per- i eome on for hearing ul Ike next regular term of
formaiicem equiiy. The remedies are concur- j the Appellate Court.
rent, but not co-extensive with each other. . The 1 Section P59 of the Civil Cade allows an appeal
question i therelore ol the convenience of let- j to the full Court in Bu;ico from any dect.-iou.
ing the rmfty lo In- remedy in Wm iges ur law judgment, order, or decree made by any Justice
where that will give him a lull and clear cum- of the Supreme Court at Chambers. There is
nothing in the statute limiting tbe pjwer of the
court to hear such appeals to their sessions dur
ing tne lour regular law tetuis prescnoeu oy
Solicit Orders for any Class of Goods in Qur Line !
aua'ru na Maa-a. arc Mill Mtl'UKT I V llUill.tl. : 1 c rmunv. t
tatea, aa the muat liberal terma. "'aU DenaUW iIEfliC nwvlfl
DILLINGHAM & Co.,
It was aeree, at llie aieutnenl lhat the lilain
tiffs nreliaaad the laud the neht lo use wuter 1 defendants would be pecuniarily
on which is the subject matter of this coutro- : "P""'1 in damages, if this crop of rice should be-
peiiration, ' (Story's F.quity Jurisprudence, p.
717.) If therefore there is any doubt whether
plaintiffs would have au adequate remedy at iaw.
there can be no reason why the delendaots
should not be required in equity lo perlorm tneir
These plaiutiffs have shown, as is set forth
above, very good reason to believe that they
would not have an adequate remedy, certainly at
the lime of commencing these proceedings, and
that, too, exclusive uf their averment that 1 he
uuable to re-
If tbe original jurisdiction being ai Chambers
may be invoked at all tunes, ttie Statutv allow
ing an appeal should not be construed so as lo
abridge ihe rigblav-ol suub auilora, uolaes it is so
clearly expressed. Heforp the jjromulgulioji of
Rule I ". it wae the ouiforui practice of the Su
preme Court to bear cases ou appeal from deci
sions made by u Justice at Chambers ul any
time when the members ol tbo-couri could be
aaii par. nf Lias t'l
m nnr! WT Klnsr Ntrret.
NOTT & Co.
OFFER FOR SALE . . rl
vcrsv on the 1 lit li Julr, lbC4.
The resiiondenis contend that the luud in
question is described as " Kula" laud in the
award, aud therefore took no water by me grunt:
and the nluintiffs contend that the decision of
the I 'oltHios.lnlierH kliould 1m an4!ained lieeiinkn the
ccme unavailable, as it probably would be before i culled together in Batko. Tins wutilouod to be
final judgment could be reached, unless they
are restrained by injunction from disposing ,f it.
It will be observed in passing that, in tliis case,
the injunction ami the necessity of it involves
whole merits of ihe case, and therefore
f. 1. 1'1.:.2.
. 4,iiiiin ('i.upliiiKS, CUecl; Nuts
U.VAVTZEfl IRON' PTPK, OOtinTcct aRRnrU- ! size.
VI (ralr'd Trimming. RIImiwk. TWarn, Reducers, ('.u
tMi-ktnMi Tin Plate, Kuli. 14x20, 12x12, 1C. X, 1XX. XX,
liml liaiica Tin, Copper, Iron and Tinned Ta ks, Tinsniitlis" Trimmings,
Full Assortment of Hand made and Pressed Tinware,
Short Cupper. : 1"-. 20. 2t. 40. 00. t o.., 48x72 in., S'neot Zinc,
ltKASS AND SOFT SOLDER, Iron Wiro, Lead Pirie,
PU'MKERs;- MATERIALS, 8beel Lead, Hose Bibs, Stop Cocks,
( ARB'S P ATENT TATER CLOSKT, Donglaa Ptiiiqis, Rubber Hose, Tlose Kozzlea, Spi iulclei
ltill AsNortmeiit ot 'X'iiiwsire !
V Aajitavs os Ham).
GALVANIZED BUCKETS AND TUBS, STAMPED TINWARE.
Wm would respectfully invite the attention of
Ilouse Keepers to our full and complete assort
STOVES AND RANGES,
From the best Troy and Albany, New York
Stove Foundries, consisting in part of the
" Duck's Patent," " Magna Charta," Laurel,
Opera and Coupoi. Ranges. Also, Mistress
Range, Victoress Stove and Pacific Caboose,
tuadc in Glasgow, where iron is cheap.
A nil lo Arrive- prr llv ol" .vv York
sum! Vicn. JIOKK!
the dbc r Islands iaToriBg us vitb orders by mail for any of the above goods, &c.
n o:i hanj; their nquireun iits fillcl us satisfactorily as if present in person. In
c. rfTitr rcqitircinrnt and limit- Goods carefully packed.
No. 9 Kaahumanu Street.
this laud is a " lele ' of ihe Ahupuaa of Waiehu,
ami therefore entitled lo water. But the litle
itself to wit, the Land Commission award, would
show these facts, if Ifiuy were true, but it is
nut in evidence; it is therefore impossible lo
cousider Ihe positions taken.
The testimony of the witnesses seems tome
10 puive quite clear.y Mial lln laud was an
cientry watered Ir itti tile Waiehu stream, as the
waier-leaii and ihe kalo pulcli banks on it wouU
indicate, but that it had not had water uscil ou
11 fur I he purposes uf irrigation for a period of
over twenty years previous lo its sale lo the
plaintiff- iu 1804. and lhat the specific use und
appropriation of the water ou this land since Ibis
dale has been less than twenty years.
But there is no testimony in this rnsu as to
whether within the period (before 1864) while
the light lo Use water on this land was uul ex
would dispose of the question of jurisdiction
effectually. The respondents can have no reason
lo complain of beiug required lo keep i lie i r contract-
Sioce in their answer they aver that, in
their refusal, ihey are not actuated by ihe desire
to obtain a higher price for their rice, but by a
fear that they wuuld uot get the money lor it.
which fpur is based on some previous trans
action with one of the plaintiffs ; now by the
lenders by the bill, and in open court as well as
ly the decree, they were rendered absolutely
secure of their inouey.
The fact is that the answer is not in good
faith in this respect, for if it were, on being se
cured beyood question. Ihey would cease to bb
j '.: the performance of their contract. By
I heir answer Ihey admit that they declinsd lo
take Ihe guarantee of Messrs Chilian & Co.. a
known and must responsible firm, withoul
erased, there has been au udverse enjoyment of i suggesting ony other, and they moreover knew
his water by the respondents or other lower ! i"B previous transaction niaiwi paaaaaaava
proprietors, in consequence ol the noil user.
BgaiMt which it would be inequitable now lo
enforce the old casement.
In order, also, to settle satisfactorily whether
the use of water for the purposes of irrigation
is. in an and chuiaie. a natural want as distin
guish) from ..: artificial wanl (independent of an
established prescription) it would depend a good
deal up hi the question us to whether the party
claiuiMig the use of the water for irrigation is a
riparieu proprietor; now the settlement of the
quesliou whether lands upun an ancient but
artificial water-course have the incidents of ri
parian proprietorship would depend largely upon you write a coveoant for ihe rice, bindin
well on the tlav of accepting their offer as on the
day when they avered that they would not de
liver, and rice had, iu fact, advanced iu the
But the respondents say that they did not
contract, bul only agreed lhat ihey would cou
tracl, and when the contract was sent to lliem.
the terms were varied. Their letter of May 27.
in the Hawaiian language translated, reads as
Aiilxa, Oar rice is sold to you and Alona,
at the price of SI 9.) per 100 pounds, S300 to be
I paid in advance, the balance at five mouths. Do
Pacific Rubber Paint Company's
rjpills AITK'LE IS I OK KALE BY
BOLLES & CO.
Tbe MMur Tmlnt Ax Jafttly crlbralwl
into cms m! utc, in ml. wb have plvt-n j
und i- mmlnff
n trial hie til y
KuiituruJ AsVkii ;
' i Hi- tuuort
I. l.l.- it
RECEIVED BY LATE All HI VALS,
A LAEGE SUPPLY OF
America!, and Englisli Books
OFFICE 8TATI0KEUV Ac, Ac, Ac
. i 'oUruaUi.i, of
UP PAFFR, LWiAL CAP, LETTER AM)
w Sirica thin French L?ttT aud Note rapera,
KareAopea of all Striea.
BltoLatiookv Mrmorandlani Books.
I rd&t KntvJkW e frets?
Oral aantaajnarc I'l.-tnn- fr'nune..
SCRAP ami POSTAGE STAMP ALBUMS,
Stermwmprs and Stenotcape Views.
Latter CUpa Book Slates,
Ukaaa Ifrawl ainl Uealiier Traveling Inksuindfi
Ouaos Wood aud Pearl Office Inkauuiaa,
Floe Walleu. Puraec aod Bapi.
MCHE AND tfjUIOCtfl PDRTTOLO!
PMkrtand heotcaCard Caea,
lsa-txr CVap.T Book anti Bruahea Coptinr: Taper,
, aa-w.iAJeuu.Uw Ui imvumruii,
lata. Doinirtroea. Onbhace Booxdfi.
kilobits' Patent Steam Pumps
C. BREWER & CO..
Sole Agents for Hawaiian Islands
IIAVE RF 'EI VKD
Por Syren from Boston
ABOVE CELEBRATED PUMPS, FROM NO. 2 TO 6.
A Ml ARK atEAMT TO ItlK'KIVK IIKDIlltS
1 ;l l.ir any of tin- pump of tliln uiake lu he forwarded
! overland If ueei-Hitary
boii.i:k rv.v.ii i-curs,
SVKl ! lu ll's,
im ii na pi mp,
VAt l l M M MP8,
Painim ror Hot or otil Water, Salt Water
i 'r,. . aud other information airn by
1SW m C, HHKWKIt A CO.. Afenta
SHINN'S NURSERIES I
Ihe tact whether such water-course was accus
tomed to Sow uninterruptedly and with tbe
regularity ol the natural stream itself, of this
there is DO evidence.
Alter patient and anxious study of this case,
I hare come to the conclusion lhat Ihe judg
ment of the Commissioners should be annulled,
for it was evideutly founded upon the idea that
the land in question was a " lele of Waiehu,"
which, as indicate. above, is not proved, und,
until proved, the discussion as lo whether a
" lele" of au Ahupuaa lying uutside of Us bound
aries is entitled to be watered from Ihe Ahupuaa
would be idle.
Hut in setting aside this award of the Com
missioners, 1 do not say that the ptaiotiffs have
no right to u-e water on this laud, nor do 1 say
lhat this light lo water is shown lo belong to
respondents, or that by tbe failure of the plain
lifts to show title to it it belongs to the re
spondents for I am unable from waut of sufficient
testimony to say definitely what the rights uf
either plaintiffs or respondents are. I am at loss
also lo ascertain upon what principle the Com
names of Alona and yuar own ; write first your
name, and d we see that the paper is not written
properly, we shall refuse it. The five mouths
covenanted shall begin on the 1st day of July,
und the uforesaid $300 lo be paid iu advance on
the first day of July of the present year.
We the company whose names appear below,
(Signed) J. M. Kanaiiikaia,,I Chinese
(Signed) S. Ivaaimanc, characters
Certainly Ibis shows an offer and the coinolele
acceptance of it. The whole rice is sold for an
agreed price and terms ; it requires no other
names than Ihe plaintiffs ; it tells them lo write
a paper biudiug themselves. It does not require
any surety, or any agreement lo be signed by
bolb parties, and merely says that if the paper
is wrongly wriileu they will not accept it, wlncb
is the same thing as one agreeing to buy a house,
and ihe seller to make a deed, . which the buyer
reserves the right to refuse, if il shall not be
well drawn. Wherein does this fail of complete
ness of a contract? Not at all; and if they did
not like Ibe lurm of plaintiffs' reply (agreement)
forwarded in obedience to this letter, it was
Eye Glasses. Reading Glasses.
Trmotar SMI and Ruflalo-Uom Belts,
Qam and Wood Toorbpleka.
"art nmm OUantTa. Fvrrr and ether makers,
CijaailewdDaasn iud rubber,
Ivorr rwjasr Knives and Enaara,
Ink KiUa ujtia and pounce.
Woodaad Hotasr Ralera.
WBITUG DESKS, t FIRE ASSORTMENT
AJI order, rompttr fined-
B. M - M'BaTXCVa
To Let, Lease or for Sale.
EI ISOMELF TEUD A COSVEJtl-
rrwdsnee. a r ft
JAJtES S. LKJION.
SHIN IM & CO.
NILES, ALAMEDA COUNTY, CALIFORNIA
alMT.F PROPRIETORS OH Kit OIiM
S ISA I.E. In larcf or small quanUUes.
Even well-tested variety of
Apple, Cherry, plum, Nectarine. Peacli, Pruue, Crab,
Apricot, Pear, Quince, Fir, te., etc,
NUT-BEARING TREES !
Almond, Enfftii-h Wainot. KntrlKlt Hlbert, Chestnut,
Black Walnut, Butternut, Pecan, etc, etc.
Currants, Blackberries, Grapes, Raspberries, llooae
hm etc . . : Also. Perslainion (Japan and Native),
Loquat, Pair-aaw, Curob.
awaaaauaBMn and other Shade or Ornamental Trees
EUCALYPTI'S i Blue Garni In varletj-, i'epper Trees,
Crpreas .TeUow and Honcr), lines, Otalpa, Jtapioua,
Tamarind, te., etc
SEMI-TROPICAL FRUIT TREES.
Orange Lemon, LLnc, etc, etc.
Rose & Ornamental Shrubs & Plants in
Catalogue and Price List, can be obtained on application
to Measrs. CASTLaE A COOELK, Honolulu, who will receive
an ibrwaM ordrsXitr treas, and to whom jjayineuti
of bills can be made. 4m-6l&
Far Sal) or For Lease.
aaft A aUllMIUi aTTAtiK. PLKASAHrT.
aUbrooar aarranlji house carrlat. ht.usi and
The bill waB filed June 13, 1876, Betting forth
I that rtre plaintiffs had purchased from the defend-
ants on the 27lb day of May, 1876. all their
I growing crop of rice at $1 95 per 1 uu pounds
d00 to be paid on the 1st day of July which
was previous lo the harvesting of tbe crop, and
the balance to be paid in fire mouths from the
same day ; and the bill further alleges that it was
then and there agreed lhat a more formal agree
ment should be drawn up to be signed by the
parties, and that such ao agreement was drawn
and offered to defendants June 7th, and that they
refused to sign it giving as a reason that ibe rice
bad risen in value. The bill farther alleges thaft 4
conseqnence of the contract tbe plaintiffs had
agreed to deliver the same rice for a profit of
$400 or thereabouts ; that tbe plaintiffs will lose
that sum, and be liable for damages on tbeir own
contract to deliver, and that they are liable lo
irreparable loss, unless a specific performance is
enforced ; and further that tbe defendants are
about to dispose of tbe rice, and are unable to
r as pood lo the damages which the plaiatife are
liable W be subjected to, anti prayw an injunction
against the sale, and that the defendants be re
quired lo deliver die said crop of rice.
The plaintiffs bring into court Ibe 300 in
Is and stranrera rcnerallv arf ; i . I . -j
ardlatlrlavvtad u attend rWc Worship at FOBT 8I I '' . l" " eaccuteu uy uungw-
missioners based tbeir award of the quantity of j their duty to point out what fault Ihey lound
water which the plaintiffs might use on this land ! with it.
to wit .-on every Wednesdav. sufficient to water it The paper that was sent is in the form of a
hey not having before them as parlies Ibe mutual agreement, which was certainly uuneces-
sary, aca intiicates inisuppTeueusiou ui tne re
quirement of the letter, but at the same lime is
none the worse for defendants. Is reads as fol
' J. M. Knuahikaua and S. Kaaimano, anJ
Leyonn, of Puheemiki. Island of Oahu, 11. I.,
agrees to sell and deliver lo Ahuna uud Alona,
of Oahu, aforesaid, 50.000 pounds more or less
of good, clear, merchantable paddy, being the
! growing crop about lo tw burvusled. oil or before
I the 1st day oi August . A. Dn 18.6. Aod tbe
i said Ahuua and Alona agree to puy for the said
paddy one dollar ami ninety -five cents (SI 95)
pur hundred pounds ; $300 to be paid iu cash on
the 1st day of July, 1876, and the balance to be
paid five moulhs from first payment, the said
Ahuna anil Aluoa giving a note lor said balance,
after the amount shall have been ascertained, by
tbe delivery of said paddy.
' Done at this duy of June,
A. D.. 1876.
On of the variations indicated by counsel is
that 50.000 pounds is mentioned in this agree
ment and is not in the latter. Hut it says
"more or less" being the growing crop, and is
in fact no different than if il had said " the grow
ing crop estimuted at 50,000 pounds." The
oilier variation is "good, clean, merchantable
paddy" which words are not in tbe loiter. These
words are mercantile phrases, and in this case
mean nothing further than that the paddy is lo
be well thrashed out and winuowed, or in other
words they are to pay for paddy and not rice.
straw or chaff, and ir defendant did not like the
words be might easily strike them out.
Then tbe letter of May 27lb constitutes Ihe
agreement, the foil ami unequivocal acceptance
of an offer previously made. The contract was
then complete, and all the defendants required
by their letter was the written statement ot the
plaintiff.' as a memorandum for themselves of
the contract of which the letter would serve as
a memorandum for plaintiffs.
There is no reason why the defendants should
not perform the contract thus clearly, deliber
ately and effectually entered into, and accordingly
the decree below is affirmed.
. T U3 m jfa-c. Harris,
A. Francis Jcdd,
Justices Supreme Conrt.
W. C. Jones and B. F. Urickerton, for plain
tiffs : E. Preston and A. S. Hartwell, fordefend
Honolnlo. H. I., Nov. 6tb, 1876.
other landowners using water from this water
course, and there is no testimony as to the
amount of water used by the respondent and
other parlies on their laods below from Ibe same
The Statute says that in settling such contro
versies the Commissioners shall give such a de
cision as may iu each particular case appear to
them to be just and equitable between the part
ies interested, such decision, however, must be
based oo evidence.
I consider that the Appellate Court has,
under the Statute constituting this Commission,
the same powers.
My decision is that the award of the Commis
sioners be annulled, that the plaintiffs use the
water on this land aa they bad been accustomed
to use it at the lime these proceedings were in
stituted, and without prejudice lo the right of
either party to bring a bill or such o-her pro
ceeding in way be deemed advisable in orJer
lo determine the rights of the parties interested.
A. Francis Judd,
Second Associate Justice Supreme Court,
A. S. Hartwell, for plaintiffs ; W. C. Jones,
Honolulu, U. I., Oct. 30, 1876.
Sapreme Conrt of the Ilmv.-iiiun I
IsuaOat October Tern, 1870.
Ahuna Alona ts. J. M. Rauakikaua, el alii.
opinion i v Harris, J.
A P'AttT OK ALT. of the cotVS .
on the Nuuunu Plantation. These rows
aaralart-i-Jv ,.f r ..rt-ian Moud. and iruuran-1
I the most geuUe herd of Milch Cows In tbe Kingdom.
Apply to J. a. wood.
Anrust SSth, 1ST6. 607-tf.
nrriEias ash riiik.ts of novo.
I u n . i isiunr r rienas ana
nt. and la aasrfaet order, aaaplvts
HUliO STSLCtXWALI. M I'.
Fran Prepared by the Alden Process
pCtn. OF MFFKRRirr VARIETIES:
UKKT AUFtMUIA AT HAT For Sale by
J W 80IXKS A 00
CHL'RCH. where Services are held every Sabbath at 11
o'clock A. M. . and 7V- P. It. Seat, are provided for all
Who mar be pleased to attend. There ts a Wednesday
veuiug Pruor Atwnn at T '4 o'clock, in the ctnrc
Koom, ui wait n an are we
A FIXE ASSORTMEXT OF LADIES' and
Money Purses and Bags
be (band at
H. Wl. WHITNEY'S
tion securing the payment of tbe amount which
may be tound due when the rice shall be bar
rested, and the weight ascertained.
To this bill defendants demurred alleging
want of equity jurisdiction, and upon tbe de
murrer being overruled, oo exception was taken,
aod answer was made, in which there was no
further exception taken to the jurisdiction. But
the defendants eay that tbe reason of refusing to
deliver was not the advance in nee, but because
j that one of the defendants bad had a previous
transaction with one of the plaintiffs, and bad
i been kept oat of his money a year ; that the de
j fendaote bad written tbe letter, bat expected
Supreme Coai l of the Haw aiian
In re petition of P. T. Lenehan et al. for a
Writ of Mandamus.
Harris aud Jltjd J. J.
Tbe papers in this case show that the Minister
of the Interior brought an action against F. T.
Lenehan and A.S. Clegboro in the Police Court
of Honolula to recover the penalty Of a bond of
the principal defendant as licensed vendor of
spirituous liquors at retail. Judgment was ren
dered for the plaintiff on tbe 18th of August,
1876. The defendants noted an appeal to the
Supreme Court and asked for a certificate which
wai refused by tbe Police Justice on the 25th of
conducive of delay from there being no fixed
time at which such appeals must be heard, and
in 1871 the role was Irarned, the Uul paragraph
of which reads : " All appeals duly taken shall
be heard ut the next regular term of the Appel
late Court." II this rule limits the authority ol
the court, so that no longer any authority exists
to hear appeals ol this nature in lianco at Cham
bers, it won! I follow 1 1, .it ihey can bear no appeal
except al the regular law term ol the court and
un appeal Irom u judgment of a single Justice
sitting as n Court uf Admiralty condemning ur
releasing a foreign ship, could not be heart until
the recurring of a regular law term, and Ibe sug
gestion made by the counsel for the petitioners
at the hearing lhat n speeial term might be
Inddeii would not be ol any avail to prevent the
working of injustice through the construction
which is offered lor Ihe defendant, becuuse lhat
then il would be argued thut the rule prescribes
the hearing at he next " regular term," und u
" Bpecial term" is not .-. " regular term."
The fact is that the rule was made to securo
promptitude and not to interpose delays. We
construe the rule to mean lhat all such appeals
must be moved on, and shall be heard at least as
early as the next law tern, of the Appellate
Court, and does not limit tbe authority of the
couil to hear an appeal in vacatioo when justice
may seem to require it. In ibis particular in
stance, it wus a mere accident thai Ihe judgment
now appealed Irom was nol given in the early
days of the term or oven before the term com
menced, and certainly it would be far from just
ice to say that the court could not or would not
hear a case which hus been so dcluyed nnd which
has been pending a long time, when there is no
reai reason to prevent ils being beaid.
Tbe petitioners dim that n wrong has been
done them anil very properly they come quickly
to one ol the judges of lllis court lor redress, and
not obtaining it as hoped for from him, they ap
peal to the lull court ; and it is of course the
duty of the court to give them the redress (il
Ihey are eulilled to uuy) as soon as possible.
It would nol be supposed thut tbe petitioners
would desire any delay in rectifying the wrong of
which he complains.
The Attorney Ueneral contends that the ap
peal should be dismissed, because u Wril of .Man
damus is a high prerogative writ, lo be issued in
such cases us this at the discretion of Ihu court
invoked, and as ils allowance is, under the word
ing of the last paragraph of Section 859 of the
Civil Code, not appealanle, so ils relusul is mil
appealable. In view of the wording of the Sta
tute we see no reason for refusing to ullow the
legal discretion exercised by a single justice in
mailers so important as this to be reviewed by
the Court in Hunco. This is certainly u much
better practice than the other course lo which
parlies would be driven, of beiug obliged, if the
Mandamus was refused by one judge, to apply to
We notice also that in the case of John Thos.
Wulerhouse, 2 II. nv. Hepurts, p. 251, an appeal
was thus taken on the refusal ol the Chief Just
ice to issue a Writ of Mandamus.
There remains now the final question as to
whether the Writ Bbould be allowed. Aa indi
cated above, the Police Justice in complying
with, the order to show canse. has sent up bis
whole record as folly as if a Writ of Error or a
Writ ot Certiorari had been asked for and
We are, therefore, furnished with as complete
a koowledgo of the case as if it had come up on
appeal. The case of the Minister of Ihe Interior
vs. Hlover (April Term, 1876.) decides that in
actions like the one from which these proceed
ings have arisen there is no appeal to a jury on
issues of fact. An appeal then only remains
upon exceptions to the decision of Police Court
on points of law in accordance with Ihe last para
graph of Section 1006 of the Civil Code. These
points of law must ulways be made to appear.
We find nothing in tbe papers sent up except
the onu objection made by tbe defendants that
the execution of tbe hood was nol sufficiently
proved. but the record itself shows thut tbe
subscribing witness to the bond gave testimony
which satisfied the Police Jasiice. Upon re
viewing it, we find that there was satisfactory
proof of the execution of tbe bond, and Ibat the
Police Justice committed no error of law in find
ing the bond proved.
Tbe Writ prayed for is therefore denied.
Crab. C. Harris,
A. Francis Judd,
Justices of the Snpreine Court.
A. S. Hartwell, for the petitioners ; the At
torney General, for tbe respondents.
Honnlnlu. II. T Nor. 6lh A. D., 1876.
A. W. PjEIRCJQ & CO.
Offer for Sale
WHALE BOATS AND BOAT STOCK,
Flour cto ZOrervcl !
Lime and Cement,
By Steamer from San Francisco,
Potatoes, Onions, &c.
Brand's Bomb Lances,
Perry Davis' Painkiller,
Pnuloa Salt Works
X S V 3 .
Columbia River Salmon.
RECEIVED THIS DAT FEB Falklnboras"
11 days from Portland,
Barrels SALMON BELLIES,
Half barrel, ditto ditto.
Half barrals No. 1 8 ALU oar.
For sale by
aly, 1S7A (601) BOLLES at Co,
British Barque i nnonrn
AND OTHKR, LATS ARRIVAL.!,
Consisting, of the foUoxcimj Machinery :
Pixro Stettm Clnriflcrs,
400 aoil 600 (lallons.
A li.VK AftHOKTED IX VOICE OF SMITH
Celebrated Cooking Stoves
BBLS BEST WHITE CEMENT!
Rest Scott!! Bar Iron. aasnrtPA shtaa :
Ileal Scotch Pheet Iron, Amort) iOsrt : Pig Iron,
PAINTS AND OILS I
Tina Whlbs Lead, Tina Whlu Zinc I'alat,
Tin Utfiiuiu. I:- ! Lead,
Tina Black ail Blue E'.uu'v
Drums Holled Lltisevd Oil.
FIRE BRICKS, SQUARE AND ARCH '
BEST BLACKSMITH COAL.
BEST STEAM COAL.
Kencinc Wire, asaorted aba-s, annealed aud galvanized,
Oalvaalaed Uoxketa, aaaorted alaea.
A General Assortment of Supe
Fancr Drilling, Fancy Prints, White Cottons,
Had like re hie ft, Oinghama, Costumes, aaoortad.
Tweeds, aasurled ; Broardclotus, Coatings
ALSO, A KCIX AS-SOBTMKNT OF
Cases lTeidAick's Champagne, pints and quarts'
Baskets Lawrence Champafrne, ptn nnd qts.
Baskets Lawrence' Champagne, extra drjr
Canes Hennessy's Itrandjr.
Case Martell's xxx Brandy,
Casau Plaont's 1SG2 Brand.
Cases Small (renera,
Cases Best Ueneva,
Cases Best Old Tom (Jin.
Ca?cs Best Kinahan's L Trfsb Whiskey,
Cases Dunrille's Irish Whiskoj,
Best Scotch Whiskey,
Quarter Casks Best Ilennessy's Pala Brandy,
Quarter Casks Bast Martell's Brandy,
Quarter Casks Jamaica Rum.
BEST AMERICAN WHISKIES !
Occidontal, Hermitage and O.F.C.
Cuai Boat Pale Sherry,
Cat Best Old Port,
Quarter Caika Pale Sherry.
Quarter Caika Iriih WhUkej,
McEwan's India Pale Ale,
Pinta and Quart,.
India Pale Ale. pint, and quart,.
Baa, A Co', lodia Pale Ale, pint, and quart,,
Orange Bitters, in oa.es.
Bnatelleau A Co'a 1, 2, .'. and 4 diamond Brandy
Cases Superior Vermouth,
Case, Fuker'a Bitter,, Case, Superior Clara!,
BUILDING MATERIALS !
Viae M'EWAVS XXX STIM'T, In alone Jug..,
PINTS AND QUART.
FINE WRITING PAPERS.
AH BECEIVIXa BT EVEBT ABBIVAL
SAN FRANCISCO, NEW YORK AND LONDON,
ADDITIONAL SL'PPLIKS OP
Writing nd Other Ppers,
Among which may be found,
Lottor Paper, rulwl and plain ot various qualities,
from ft. SO bd fti.OO par ream.
Note Paper, Pbin ruled, from fl.oo to fi.oo
French Note and. Letter Paper. choice
Cap, Flat Cap, Legal and Bill Papers,
A large stock always on band.
Thin Overland Post, t.iue, ruisjdor
nl various attt aod quality.
TISSUE AND ( ul'VISi; PAPERS,
MEDICATED STAR PAPER,
NEWS AND BOOK PAPEKS,
.VIA VILLA Wnil'PIVIl PAPER,
thick and Ibixi qnalltiea,
V Order, ailed at short notice,
. H. M, Whitney.
.Wife. Sfaiitliifr, Beards !
To a go ad A Qroovad, Surfaced .
Planks. Battens, Pickets !
U a 4. Ixa. aad lx, far
Seantllag. Boards. Plank,
Batten, U3, Ul. I-Jj3, aat 1-1x3
Piek.u Hoaga aou Faaey.
Surfaced Board, aad Plank, 7-8 to! la.
Toogned aad tiroored
TIMBER FOR SHIP USE
till to IKxU;
Clear Ner'West. for Planter's Use
EASTERN WHITE PUB,
California and Eastern Doors, all sizes
SASH, all t'liai ; BLIND, all liiw
WHITE LEAD and ZINC!
MHT OIL at SMALL IVil.VT CHKAJ.
Putty and Varsub,
Olau, So. 1x1 aad 1.
Wall Paper and Border
Iron and Tinned Tacks,
Paint aad Whitewash Brass,
METALLIC AND FIRE-PROOF PAINT
For Plantation or any Other Uae,
Bulls aad Uingee,
Hoeke aad Eye,, Ao.
alt In Quantities to Suit.
C. BREWER & CO.
OPFER TOR - U.K.
UPON LIBERAL TERMS'
or tub -
American Bark Ceylon !
Sow Bor from Boston, Haas.
New Bedford Oil Shook,
1 Sbip'a CabooM,
(.'ages Tobacco. ( Kalakaaa'a Favorite,)
New Bedford Cordage, 1 in. lo 6 1-2 in,
Neat of Trunks, four io a neat.
Ice Cheat, A (sorted Size.
Iron A (inlvanized Pipe, 1-2 io. to 4 io
Lawreoce' Hum. No. 1 to 10,
A Very Choice Asst. of Dry Goods
1 "aaear rnn,innf ui part or
xlllllc Klrer Mbaasunan,
Bout MRU Kneeling,
Stark A BkMliaaxa. .
Rltacbr.1 Aanotaasal Cotton,
nrosrn ami Bleached FlannWi
Taskta. UrU. brUliaa.
Amoskeag & Pearl Eiver Denims
LA DIEM' DIMM. CHAIBB,
ONE BLACK WALNUT CHAMBER SET!
Cedar Hhlngltf, Sprues Board.
Curled Hair, Paawr Kas. Ub. to Hlbw
Hussafa ... I DajacA Plugs.
, ,i Loaj llaaxea. Faint Brunei.
3 JUMP SEAT CARRIAGES
3x1 eas ft" and Prims lwrtt.
JLaatrrn IlnaHugar '
RECIPROCITY CASH STORE
t. 73 FORT STREET
THE ABOVE PLACE WILL BE FOUND
A. FIWB ABSOriTMilMT
Class and Plated Ware !
Suliai.li- for Birthday, Wedding A Christmas Presents.
Jewelry, Terracotta Ware, Bronx. Clooda,
Brackets, Air Castles, Pane. Soaps, Vases,
S-day, 30 hour, and Calrnilar Clocks
3 Fin- I rncn Gilt docks. Atnmlwnr,
Boys Tool Chests, Tobacco Boxea,
Deceptive Wine fuses n. Bags.
P.riiuiio, Music Rolls, V
Scopsa, Steresroplc Visws.
IMt, -anl and Cabioet Frames.
Hand and Combination Mirrors,
One. Two A Three Shelf, Book Shelves, lie
THE ABOVE GOODS AME MARKED O.Y A
111 TKU1IS ABE STUICTLI CAM II
lt-tm A. L. -Mini.
Knowles1 Patent Steam Pomp :
C. BREWER ft CO.,
Sole Agents for the Hawaiian Islands,
Per Syren from Boston !
Above Celebrated Pia. froa !,. 211
And are ready to receive order, (Vr any ot Use Pasaaa
of lb la make to b. ant overland tf nsasasnwry :
BOILKJI PSCli PIMPS. MVilL'P Pt'MFX.
DiavriLLfiu prMPw. vacCl'M urns
1'ua. p- r Hot or Cold Walar, Bait Wats. Pamsja.
tar Price, and other Information green by
111.1b, C. BHKWER A Co..
Gentlemen intending to Build
OB MAKE ADDITIONS, ALTKBATIO.VH,
or repairs, will find It lo their Interest to consuls
with the undersigned, who will supply d-iie-ns. combining
convenience and Economy, with suitable Architectural
iLuitxilieement, and gnamntaed es II mans of Cost,
K. OAKLEY, International II ui.
Skilled workmen lo all departments sent to any part of
the Islands. 114-lro -
SHALL CHAINS! '
Sixct rnoM i s to i-3 ixrn. m ovab
T1TLES to sou. Rscelvad per nivta.''
For Sal by BOLLES A CO-
TO WOOL GROWERS.
ra-.nr. i mi khii.x ki o ri ( i. rt Bin
M. Wooai ac anod prssan. Woaaacuantn. u aansaay tni
spring parocnhuly Jetired to make frssgks,
ms m a suutu-KK a oa
HIDES, SKINS, TALLOW.
rimr nmuuswiBBii rrrwrnrrr t fit
a the bigbeat market pnc. fur Ury Hklea Ooaa siataw,
aud T allow.
CM In, C. BBEWEB A CO.
Colored Corals and Shells.
of the Floe Hhells. 'lored t'orala. and Coral Bowl.
brought from Mlcroueasn M Bs Morning sitnr. taa,
Oneat ,ooda Ul tbia Do. m. as. her. Tsar, as saaaa
fewWsaa-k, anA ihoa. who warn lo sisnislaas aaau wUl
pleaaa apply early.
Aa me above veasei wui preoawi wv. '-. r " "
these curloa for ssde. tbia wdl he tne only ckssM SM
H. M. WHITNEY.