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a4 Itlhl.hWiHytftfk 1 " MMM,,
m fc"V , - i 'mil) iuw mil nwjSjgJiJS
KWtt .... ....fbrCtawtaA Gift
UtriJ: fwrwvj . .Jar CkristeM Gin
TbKrt.r.!.rrCkmtWMGin!u!OLANJ," H. Carrols, Mnator,
5SvrOrr..... ..frCvt?nM Gifts
t4tfr lkrt. ...... fr Chnstrano Gifts
3tencriakrOrKsfr ChrirtnUx Gift
3tWc Bom fc Chrislmws Giftn
i)JUsc f OtrirtniM Gift
&anc Vfcfc IU. . . .for Chrirtrn Gifts
3racssl C5cr . rT ChristtnK Gifts
3MfeMcU QrpureUw.fir Christm Gift
Gek.r for Ctri.tmK Gift
Brarw Gnm. ...... fur Chriaroas Gifts
GMMMBtGtAurc fur UhrirtoiM Gifts
VwKm -foe Christmas Gifts
AeetmfeMS for Christmas Gifts
Jj... fur Christrns Gifts
IWtwwrien dor ChrisUass GifU
UVfcDQBf. ......... tat Chrirtraas Gifts
XVMtGS.... .... .. . .for Christmas Gifts
TVet...... ......... .for Christmas Gifts
OvsjicciinaB .. .. , for Christmas GifU
TtkMrkt ..for Christmas Gifts
lietellcp&e&cs for Christmas Gifts
Staecs ............. .for Christmas Gifts
2 Dips Drams. for Christmas Gifts
Traer Drems...... ..for Christmas Gifts
.........for Christmas Gifts
3W WWsHes .for Christmas Gifts
or Christmas GifU
Ilraetcas .........for Christmas GifU
Jptrtrpsf -for Christmas Gifts
Pia.ce Stools ........ .Jor Christmas GifU
PiMK Cover .. .... ..for Cbristmas Gifts
..for Christmas GifU
SfetxtMnwc. ........ for Christmas Gifts
:Mmc IJcoVs for Christmas GifU
iSaiic Esselcs .......for Christmas GifU
Re Psiotiairs for Christmas Gifts
Steel ikigrarings ...-for Chritlmas Gifts
.AlferBirj.es .for Christmas Gifts
Pise Chromos.. ...... for Christmas Gifte
Patsd Pictures... for Christmas Gifts
Mottow for Christmas Gifts
Pfctere'Easds ...... ..for Christmas Gifts
Velvet Frames. . ..... .for Christmas Gifts
BwbuKci Pictures... .for Christmas Gifts
Picture Mats for Christmas GifU
Frames Made to Ordcr.for Christmas Gifts
Cwatir UracicU for Christmas Gifts
Utwart GoJd BrackcU.for Christmas GifU
SMc Brackets...... ..for Christmas Gifts
UWfc Shelves for Cbristmas Gifts
Clock Shelves for Christmas Gifts
DeoorMire Fans for Christmas Gifts
Jitttc Parasols for Christmas Gifts
Japanese Lanterns . . . for Christmas GifU
FfiOH OUR FURNITURE DEPARTMENT:
SvffUl Walnut SuiU.. ..for Christmas Gifts
34rWetop Suits for Christmas Gifts
PsMtod SuiU... for Christmas GifU
Coder Suits for Christmas Gifts
Imitation SuiU for Christmas GifU
Parlor SuiU. for Christmns Gifts
Hwr Cloth Lonncs.. .for Christmas Gifts
Rw Silk Lounges .. .for Christmas GifU
Bop Lounges -for Christmas Gifts
Gammon Lounges for Christmns Gifts
JWy Chairs for Christmas Gifts
Palest Rockers..... .for Christmas Gifts
Vecanda Chairs for Christmas GilU
Gasp Chairs ..for Christmas GifU
Gasp Stools -for Christmas GifU
Steamer Chairs ... ..for Christmas GifU
Gttgo Chairs for Christmas Gifts
DWhjt Chairs for Christmas GifU
Ofiec Chairs for Christmas Gifts
OSec Stools .. . ..... -for Cbristmas GifU
Large Rockers for Christmas GifU
2forse Rockers .... for Christmas Gifts
Children's Rockers .... for Christmas Gifts
Common Chairs for Christmas GifU
Cradles & High Ch.iirs.for Christmas Gifts
Mirrors for Christmas Gifts
Whatnots . . for Christmas Gifts
SWeSands for Christmas Gifts
Ceaire Table for Christmas Gifts
BrtcDfion Tables for Christmas Gifts
SjtringSdd Sew Mchs..for ChristmnB Gifts
St. John Sew Mchs.. for Christmas GifU
American Setr Mchs. ..for Christmas GifU
Hand Sew Machines ..for Christmas Gifts
Machine Needles, c..for Christmas Gifts
FROM OUR FARCY GOODS DEPARTMENT
Faacr Work Boxes. . . . for Christmas Gifts
WorkBaskeU for Christmas Gifts
Toilet SeU for Christmas Gifts
Goats Dressing Cases, .for Christmas GifU
Ladies' Dressing Coscs.for Christmas Gifts
GattU Toilet Mirrors. ..for Christmas GifU
Ladies' Hand Mirrors, for Christmas Gifts
Wisp Broom Holders, .for Christmns Gifts
Plush Albums (new). -for Christmas Gifts
Aatograph Albums.. ..for Christmas Gifts
Smokers' ScU for Christmas Gifts
Koe Vases.......... for Cbristmas Gifts
Silver Toilet Sets for Christmas Gifts
SHvcr Ice Pitchers for Christmas Gifts
SilTcr Cake Baskets... for Cbristmas GifU
Silver Butter Dishes.. .for Christmas GifU
SHvcr Berry SUnds . . .for Christmas GifU
SHvcr Pickle Dishes.. .for Christmas Gifts
Silver Cops...... ....for Christmas Gifts
Silver Napkin Rings. ..for Christmns Gifts
Table Castors for Christmas Gifts
Individual Castors,... for Christmas GifU
Table MsU for Christmas Gifts
Cigar Stands for Christmas GifU
A'aster Calenders...,. for Christmas Gifts
Paper Weights for Christmas Gifts
Giocks .......for Christmas Gifts
Jewelry..... ........for Christmas Gifts
Btrih Bar Cards for Christaas Gifts
Satin Christmas Cards for Christmas GifU
Kew YcarVCards . . .for Christmas Gifts
Cfero Christmas Cards. for ChristmnB GifU
Croqoet Sets for Christmas Gifts
BcgnlnUon Base Balls. for Christmas Gifts
Base Ball Clobs for Christmas GifU
FROX OUR TOY DEPARTMENT :
Dressed Dolls ' . for Christmas Gifts
Wax Dolls j... .......for Christmas GifU
Itabber Dolls for Christman GifU
""SortSbSps ........... for Christmas Gifts
teaunere. ...... .for Christmas Gifts
irses. ...... .for Christmas Gifts
for Christmas Gifts
UUkX" for Christmas GifU
- Aw..for Christmas Gifts
.eouUtcof . ..for Christmas GifU
lt he to-.... for Christmas uius
iMriTns..for Christmas GifU
....for Christmas Gifts
Stt kf?,r Christmas Gifts
ibillff for Christmas GifU
!S?. for Christmas Gifts
"m y of t?iw. , nv
ilr iiMMtilr. Willi ake
""i flu iiMnWaiTTTirr
INVOICES OF NEW GOODS
jtrsT ititciavKn run
CrnltNe ta r Wtw
A Largo Asst. or Dry Goods,
Tanrr rrintu, w St)lf,
laTO. Jtron and Wtilto Onttrow,
Wrill. Ttektnc. IiJ
Merinos, blaclc and colored, 4 qualities
Urn. Cobonrc, Alpacas, Italian doth, and
rrintrf Ssttrfnn, l'ompnu'mir, riid.
Oinclmmt, Victoria Lawns Satin Strli,
Whim Silk Jnjwnw. Twill, SerRe
IViptin, SAlin anil Moirr,
Black and Colored Vtheta,
Black, Gnwerain, Fancy, Colored and Striped,
Barege, Crepe, tc,
T)n,.V.VIna nilYIVinilln. TffNslll. Cottl.
SrrKs Bilmisn, Dowkinn, CnBim;rc, c
A Splendid Asst. of Shirts,
(Woolen, Wlird, Calico, IllcVorj. Dcnltn, Ac)
Mrrino nnd Cotton Undcrshlrtu,
AVbitc Bosom Kliirts, Ac,
Bocks and blockings, Handkerchiefs,
A LARGE INVOICE OF CLOTHING
Fino Bhxck Cloth Frock Coats and rants,
Bockxkin ShcLb, Pants and SuiU,
Felt, Mohair, Drill, Flannel Sncks and l'anta,
Bojs' Shirts and Children's Jackets,
Monkey and Sailor Jackets.
I. H. Coats nnd LecpncS Carpet Slippers,
Eilk and I. C. Uuihrcllns nnd l'araBols,
Fancy and Travrling Shawls,
Cotton nnd '1'urkish Towels,
While and Fancy Qnilta.
Felt ItORa and Brnssela Carpetms,
Honw Blankets. White and Fancy Blankets,
Fancy Striped Woolen, two sires,
Scarlet. Oraupe, White Woolen,r.and i pomts,
Ihnadfi, Tape, Elastic, Scarfs, Ac,
Silk and Vrii et Itilibons,
Buttons for Shirts, Coats, Pants, Dresses,
PERFDMERr, FLORIDA WATER,
Genuine Ean de Cologne, Lnbin's Extracts,
Toilet Soaiis, l'hilocome, Hnir Oil, Combs,
Mirrors, Looking G Irsscs. I'iiks,
I. It. Balls, Hnnnonicas, Bliuik Books,
Albums, Gold Leaf, Jewelry, Watches,
Hemp and I. K. FackinR, Coal Baskets,
Extension, Arm, Dining Boom and Parlor
Chairs, Settees, A.c.
Saddles, Calfskins, Girths, Stirrup Leathers,
CRATES OF ASSORTED CROCKERY,
Containing Plates, Cups, Teapots, Bowls,
Chambers, Bice Dishes and Bakers,
Dcmijohim, 3 and S galls ; Sample Bottles,
Vases and Glahsw arc, Manila and Tarred Hope,
Sugar cSs Hice Bags
01 all sizes and qualities.
Coal Bags, Gunnies, Twine, Burlaps,
Woolpack and Twilled Sacking, Linen Hose,
Sardines, in half and quarter boxes,
H. and P. Bi waits, Salt in jars
Castor Oil in Tins, Stearino Candles, 4, Band C,
Matches, Coconnut Oil, Wash Blue.
HubbuckV Linsrod Paint Oil, H White Lead,
White Zinc Paint.
De Laage fils and Boutelleaa Brandy, and
Hum. Gin, St. Paul Beer, Ala and Porter,
Port Win'", Shcrrv, llliine Wine,
Fine and Table Clarets, Champagne,
Drv Heidseick Jtonopolo, Ch. Fnrre,
G.H. Mumm A Co., Sparkling Hock,
Moselle, Ac., Ac.
German and Havana Cigars
Tlated Ware Spoons, Forks, Cruets, Tea Sets,
Pocket and Butcher Knires, Scif som,
Sheep Shears, Needles, Spoons Files,
bpurs. GaUnnizcd Basins, Hoop Iron,
leg lineis, iiannners,
Yeilow Metal and Composition Kails,
Babbitt Metal. Sugar Coolers.
Iron Tanks, Clanfiers Ac Also,
Portland Cement, " "White BroB.,"
Fire Clay, Blacksmith Coal, Firo Bricks,
Tiles, Empty Barrels, Oak Boats, Ac
Terms Liberal. Samples sent Free of Freight.
Orders from the other Itliudi carefully
attended to by
T!xnr.nMf)xi:n iif.ijh to infohm
Tnr Curtomert sad the Pohllc fecenlly Ihit
HE HAS KEMOVED
HIS JirsiXESS TO THE
Shops on Queen Street
ADJOIMXO H. llACKFELD CO.,
ere he 1 prepared to
Manufacture AM Kinds
aadCanc Dump Carts
Alio, to attend to
1 rhatl alo kep a
Full and Complete Stock
ralat,Tarnlhff.Ranrd Bar Iron,
Norway and Sweden Iron,
Cknbrrlivd Cual, Oak, Ash and Hickorj TUnki,
White Wx4 c Ac
WHICH I WILL OFFER
H3gc3. Hocls. Prices I
Ml ORDERS FILLED WITH PKGMPIHESSAS3 DISPATCH,
ThanUse the rnhlle Tor pvt ratrnnase. I hope hy a
cenitanl radeaTor ao MUifj raj pauuna, to zaerlt a
costlanance of the tuc
S7SU37 C. WEST,
TRBIGATIOK" Ai'TUR TUIS DATE
X Is strictly prohibited, except between the boat of
EttA.IB.,MatxioStt.tn. G. V. FRKKTH.
Approrcdr Snperintendent or Water Worka
Ibtaied IT. A P. Carres, iilclitct or Interior.
Hnnolnltt. April lWi. 1ES1 ETSCCtf
Hams and Bacon.
mfXg F MEATS. FRITTS. JAKS,
OcuS (6i I BOIXESiCc,
JST MOM't IK JlltJtWa.
VKDN'KSDAY, MYK.VHKK S?, I.
Snreme trt of thaltawallan
SIAUIR Xr.KVKWA V, HaKCO.
Ihrri, C Ji JM w .VrHXfv, J. J.'-Opi'
tan tf tk Om MtQvffy, J
IliU r Kxceplion from tho ClrtuU Court of
tlif IV. JiullrIM Wlnwu
The NalntlfT cltwel pi l" X)wniUm the
turn of one luimlre J tlollata, dmaK caustd
to lite l'lalnlllTa eron, in ht U IHfcmlant
liail auiuhwt the rialntlrT and biltan tIT the
jler part or tin riatntifl's forefinRer of tlto
And tlio Defendant 1i.t1iI Attorney, Alfred
S. llnrtwtli, old on llif loth day f Fcliruaiy,
a n. I860, fiU with Hio Clerk of this Court,
Ida atitr denyinc ult tlio facts allcfied lit tlio
And it 'iearinR to the Court hero Hut Iie
riaintiu" had jirevioiislv brouglit his ncltotj
for Ihe same matter nnd tliinrja now allr;!
acsimt Ihe Defendant before the District Justice
or Lihtie. on the Inland of Kauai, hut that
aaid District Jmtice had dimniasod ihe aamo
on the ground that he had no jurisdiction of
cauicR r lids nature, and this Court being or
the opinion that only Ihe said District Justice
lias oricinal jurisdiction of this cause, Hie
Court did order tint tho Plaintiff aaid cause
lie distnisaed on the ground that this Court has
jurisdiction thereof; and that the
no ... oripinal . . ... ..
..nr 1:1 I...!.. ,1. a,nM nr.tinti
i at iu n " m.,
f Jan. till iiirenj uiuift
SRainst tho Defendant, before the said District
L.ilra It nlun that no anneal had
lieeii taken by the Plaintiff froin the rulii.R of
tlic Distnct justice neciitiing juriBwcuua ui
And tlio Defendant moTes that instead of
said cause to the District Juatice aa
aforesaid litis Court do nnler that judgment bo
enterrtl for the Defendant and thai tho Plaintiff
take tit-tiling herein by reaaon tif
failure to apueal from the aforesaid ruling
of the said District Justice, but tho Court
refused to grant that motion.
BY THE COUItT.
On examination of iho complaint in this
case, wc find that the proceeding in the District
Court were set forth in the complaint,
and thus the Circuit Court was apprized of
them. But tliia was an original action in the
Circuit Court, and it docs not appear to us tti
have been relevant to the statement of tho
Plaintiff's mutlcr of action to rehearse a proceeding
in the District Court, which had not
come up by appeal, nor was it relative. lo tho
bill or exceptions as wc understand the ruling
of the Circuit Court. Tho Juatfces of the
Circuit Court dismissed tho action on the
ground that the complaint, laying the damage
at $200, was within the exclusive original
jurisdiction of a District Court, and could not
be entertained by the Circuit Court except by
appeal. Now the question of the jurisdiction
of the Circuit Court could not bo affected by
the ruling of tho District Justice; that is to
say; it would not follow that the Circuit
Co'irt must tako original jurisdiction ueuaiau
n Dlhtrict Justice had held that he had none,
but only if it was good in law that thcro was
no jurisdiction hi the lower Court, and therefore
must be in the original jurisdiction of the
higher Court. And if it wcie held, wrongly,
by a District Justice that hu had no jurisdiction
in a case brought before him, and afterwards,
ihe name case being brought, by original
petition, before a Circuit Court, or the Supreme
Com t and it being held, in such superior
Court, that it wa a matter of exclusive
original jurisdiction with the lower Court, it
could not be maintained in such lower Court,
upon the action being freshly brought, that the
previous ruling of the loner Ccurt would be a
bar hereto. The substantial quehtioti, for our
review, hero, i whether the Circuit Court,
had original jurisdiction, cither exclusivo or
concurrent w ith the District Court, of tho matter
laid in the complaint. Jurisdiction in a
mailer of Statute, and the jurisdiction of the
inferior Courts is strictly delenuiued by the
statute, and it is not to be extended by implication.
We quote here tho statutes affecting the
Civil Codo 603. "Police Courts shall
havo exclusive original jurisdiction, within
their respective districts, over all police cases
proper, and over all cases, where Ihe amount
of propcrtyi in dispute, shall not exceed one
hundred dollars, wherein one or both of tho
parties are foreigners."
Civil Codo 015. "Each of said District
Justices shall have jurisdiction, subject to
appeal, to hear and determine all civil cases
v herein tho property involved in controversy
or the amount of the Plaintiff's demand docs
not exceed one hundred dollars "
Civil Code 8S0. "The respective Circuit
Courts shall have original jurisdiction to hear
and determine all civil suits between individuals
or in which the Government is Plaintiff
involving a greater amount of indebtedness or
claim than one hundred dollars, and appellate
jurisdiction, in all such suits, when the amount
claimed does not exceed 0110 hundred dollars.
They shall have power to hear and determine
all private actions arising within-their
ion, sounding in consequential injury or
damages without limit aa to amount of claim."
Statutes of 1 6G8, page 33. Amends Section
693 to read "Polico Courts shall have exclusive
original jurisdiction within
districts, over all police cases proper, and
over all cases where the miiciunlof properly
in disputo shall tint exceed two hundred dollars,"
thus omitting the limitation "wherein
one or both of the parties aro foreigners "
and giving the same exclusive jurisdiction up
to two hundred dollars which they bad bail tip
tn one hundred dollars. The Statutes of 1874,
chapter XXII., amend Section 915 by substituting
the word two for one, raising the jurisdiction
of District Justices also to two hundred
It is to be remarked that as tho Civil Codo
stood before the amendments, the limit of jurisdiction
given tu the police and District Courts,
of 0110 hundred dollars, symmetrically conformed
to the provision in Section 8S0, giving
appellate jurisdiction to Circuit Courts in mat
ters of "indebtedness or claim" when the
amount claimed does not exceed one hundred
dollars " and original jurisdiction when such
claim is greater Ihati one hundred dollars."
We must thercfurc hold thai, while tho grant
of jurisdiction to the Police Courts in Scutiou
803 is made " exclusive " in terms, the jurisdiction
of the District Courts is intended tn be
exclusive, although that term is not employed,
as to cases of the diameter which Circuit
Courts can entertain only ou appeal. For
there is no other forum for them.
But thcro is n distinction made in Sec. 660
between "civil suits involving indebtedness or
claim," and "pri' ate actions sounding in consequential
injury or damages,'' tho jurisdiction
of the Circuit Court us to tbn former being
exclusively original or exclusively
as the amount claimed may be greater or
may not exceed one hundred dollars and as to
the latter being "without limit ax to amount
of claim," that is without a maximum term.
Section 91S, likewise distinguishes cases
where property is involved in controversy
and where the amount is made by tl.e plaintiffs
estimation or demand. Tho former
class would include assumpsit, trover and
replevin, the latter may be taken to include
what Sec. 680 terms "actions sounding in
consequential injury or damages " except such
as Fcclion 020 inhibits, viz: "The district
justices shall not have power tu try actions for
slander, libel, defamation of character, malicious
prosecution, breach of promise of
marriage, false imprisonment or seduction"
(except seduction when damages claimed do
not exceed one hundred dollars, by Act of
1664, p. IS) "which cases must therefore come
within tho exclusive jurisdiction of the Circuit
(and Supreme) Court, however low the ml
damnum. The non excepted cases of the
second class are therefore left "lo tho concurrent
jurisdiction of District and Circuit Courts
np to the limit, aB now amended, of a demand
for two hundred dollars.
The case at bar clearly belongs to the second
class, as a claim ior consequentialdamagea,
and was therefore anbject to the jurisdiction of
a Circuit Court, "without limit as to amount
of claim' and as the ad damnum did not exceed
two huno'reLdolIarB, it was also within
the jurisdiction of District Court.
Tim nf f rurCircnit Court it net
j tained. Eiccplijfp held" good and tho case
mv11 trt platfcl In the CaUndat t ill.
l teiw t the Circuit dswtt,
CHA l .Urhi,
Ai V'ftXWta JtSMs
A, 8. llMtrrvN for thv Kwfllwii,
Sunroma CowrtTf tfca lUwaHwu
Tm. NnwnVtN 1H8U
AUW V. J. JttHCO.
JmiH a J .VcCWrV nmt tNHfn, J, J.(j(h.
n . (VhH h)i Mti J,
ThlsU an setlon of mnpit fomwj
hail and melvtHt. It tiled Wore Mr,
JuMice Jud.l, the jury Mug waived, at the
July Term, 1891, vrhu deeldtd that tho plaintiff
'could notrecovr. T tW dwlloi the
plaintiff duly excepted and liwusht hi
to the Court In Banco,
Tim Carta urn allhalalillallv al follows 1 On
the Oih day of November, IS91, the pUlullff
paid to defenilant Nao, aa rent III aiirnnca ior
five year, for a piece of land In Walalua,
0hu. Ihe receipt paMedat tho time la put
in evidence and also a lease from defendant tn
plaintiff, dated Nov. tat, 18S0, and recorded
Nov, Glli. IPfO, lor lite sain lami ior 10 years,
There i also In evidence the records of a
nit in Kquity in this Court, between one
Aiail (ch.) asint this same defendant,
for the specific performance of an
In writing whereby Kupau agreed on
the 1st day of Nov., 1830, In consideration of
$50 paid, to execute a lease lo tho aitd Aiau
for the laud mentioned above for 15 years.
Thia agreement is dated Oct. 25lb, 1830. The
plaintiff Alona'was n co-respondent in ihe
Equitr suit, nnd the bill alleges ihut Kupau,
conspiring wilh Alona to defraud Aiau,
fraudulently executed and delivered the lease
of tho 1st Nov. to Alnna, who knew of Iho
agreement to lease previously made by Kupau.
The bill prayed for an answer from
both respondents: that the recorded Inaso bo
decreed to bo void, nnd ordered to be delivered
up for cancellation, nnd that Kupau be
ordered to execute a lease lo plaintiff, Aiau,
in conformity with the agreement. Tho caso
went to a hearing, and tho Conit found on tho
evidence that Alona had actual notice of tlio
previous conveyance, and that therefore the
prior record of Iho lease availed him nothing.
Tho plaintiff seeks in this action to rocover
back the rent advanced on tre ground tnai me
lease which he took from defendant has been
ordered to bo delivered up for cancellation,
and n lease to Aiau has been executed. Mr.
Justice Judd in tho Court below held that tho
plaintiff could' not recover. From this decision
tho pluintiff appeals to the Court in
BY TIIK COtmT.
Wc have examined with great care the
decision of the Court below in this case, and
the evidence on which it was based, and we
think the decision must bo affirmed. That
Alona and Kupau attempted lo defraud Aiau
out of his lease, there can bo no doubt. That
Kupau knew that he had theretofore leased to
Aiau is unquestionable; that Alona also know
it, was found by tho Court and is indisputable.
Knowing this fact they combined to give and
take the lease, and Alona paid and Kupau received
tho S350 sought to bo recovered here,
and the lease was at once delivered and
The inevitable object was to try to
cut off, legally, tho prior agreement to Aiau,
tnd both the parties in this caso surely knew
that that was the object. This was fraud and
tlie phiintiff and defendant knew it ; thoy wcro
in p'lri delicto.
" The general rule is, that when an illegal
contract has been made, neither a Court nf
Law nor of Equity will interpose to grant relief
to the parties thereto, if they havo been
equal partakers and promoters of the illegality,
but will leavo them as it finds them, according
to tho maxim." " In p'iri dtlkh putior est
conditio rt potsidtiitii.
Seo Story on Contracts, Section 480.
Doubtlcis, in such cases it has been held,
sinco Iho cany da s, that tho plaintiff cannot
recover, with certain exceptions which will
now be considered. Seo Parou'a on Contracts,
Vol. 2, p. 253-4.
Pepper v. Haight, 20 Barb. 420-38.
If tho fraudulent contract made is still
and tho fraudulent purpose, has not
been consummated, any money paid may be
recovered back before the fraudulent consummation.
See Morgan vs. Qroff, 4 Barb. 527-8-9 and
That is not this case, for tho fraudulent
purposo was consummated by the delivery
and record of the Icaso to Ihe plaintiff. It is
also held by well considered authorities that
a conveyance of cither real or personal property
in fraud of creditors, although voidable
by them, is good between tho parties even if
the grantee shared in tho fraudulent intent.
See Harvey vs. Varnum, 08 Mass. 118-20;
also dissenting opinion of Chief Jusliio Nelson.
Nellia va. Clark, 20 Wend. 38-0-40.
If this be sound law, and we do not now
question it, it does not help the plaintiff. An
important and radical distinction Is made between
an action in affirmance of an illegal contract,
and where the action proceeds in
of such a contract, nnd on the
ground that it is void, and seeks to prevent
tho defe'ndant from retaining the benefit which
he has derived from an unlawful act. To
affirm such a contract is allowed in many
cases. But in this case thero can be no substantial
affirmance of tho fraudulent contract,
for the purchaser, sought to be defrauded, has
been ablo to show tho fraud, and lias appropriated
lo himself the substantial fruits sought
by it. True, as said in tho decision below,
under tlio .Mass. cee, toe Iraiidillcnt lease
might he postponed to tho Icaso established,
but tho Court now concur in thinking that this
postponed right would be of little value, and
that all substantial value is lost to the plaintiff
nnd, that being the case, the plaintiff seeks
to disaffirm the contract, and lo recover what
he had paid in fraud. Of the failure of the
lease the plaintiff took the risk, as the vendee
in a deed cxecnted to dcfnuid -creditors, takes
the risk that the creditor may set it aside.
Sec. 20g Wend. 40. If set aside, no Court
ever held that tho vendee could recover from
the vendor the money paid down 011 the sale.
The action here seeks to avoid an executed
contract which was malum in e; no leading
authority can be found to sustain a recovery
in such a case.
See Morgan vs. Groff and cases cited, 4
Barb., p. 527.
Thcro is also an undoubted distinction between
contracts which are immoral and criminal,
and those that ate merely void. See
Vischcr vs. Yates, 11 John. 20. Ncllis v.'.
Clark, 30 Wend, 38.
On void contracts recoveries havo been
allowed. Whito vs. Franklin Bank, 22 Pick.
181. Clic.i Insurance Co. va. Cadwcll, 3
This is not a caso of a merely void contract.
Ic is immoral. None of tho distinctions
above referred to help tho plaintiff in this case.
Wo have examined with care all the available
authorities cited by tho plaintiff's counsel, and
think that all may be classed under the exceptions,
allowing recovery above referred to.
The cancellation of the lease ordered was nf
no moment. The judgment of tho Court in
the equity suit could not affect the validity pf
the contract between the parlies in this caso,
and certainly could not give ihe plaintiff a
right to recover here, if, but for that, he
would have had no such right. Tbo exceptions
A. S. Hartwcll for plaintiff.
Honolulu, December 12th, 188.
Xos. 76 and 7S Hotel Street,
HART BROTHERS, Proprietors.
Board uy the Day, "Week or Transient
Soda. Water and other Iced
Heals Served in Style
AT All. HeCKS.
HE5KTJ.HAST, 875 9 5XLISA.HAET
I'll uau -a
ImiiortoYn nnd Donjovn In
BUILDING MATERIALS I
URGE AND WELL-SELECTED CARGOES
ALL 1I1R USUAL SI OCX SIZE:
TIMBER, PLANK, BOARDS,
PENCIN0 AND PICKETS
ALSO, OIV HAND
A Hoit Complete Stock of
V FINE ASSORTMENT OF WALL PAPEf.
BOLTS. SCREWS. Etc
DRY REiWQOD !
Scantling; Plank, surface nnd rough
Boards, surfaced ami rough ; Battens,.
Pickets, Kustic, Lattice, Clapboard.
aiji. ik vrociJ.
Paint and Whitewash (Brushes,
METALLIC AND OTHER PAINTS!
DOORS SASH BUNDS
Of Eastern and California Mnko.
'OR SALK LV QUANTITIES TO SUIT
G. BREWER k CO.
HAVE JUST RECEIVED, PER
American Bark " Ceylon,"
THE FOLLOWING LIST
STAPLE AMERICAN GOODS
wmen is sow orrERED for sale
UPON EASY TERMS.
Steam Coal, Cumberland Coal,
Franklin Coal in casks, forFamilj Use.
ISO decrees test,
Cut Nails, 3d to 40d,
Lanterns, Charcoal Irons,
Hnnt's Axes, Hunt's Hatchets,
O a 1 d. atcltes,
Tar, Fitch, Rosin, Turpentine,
A CHOICE ASSORTJIEENT OF
GR O O ERIE S !
Corn Starch, Tomntoes,
Boston Baked Beans (Genuine),
Hnckin's Tomato and Mock Turtlo Sonp,
Ham and Tougne,
Mnlo and Ox Carts,
Crring to the large stock of merchandise in the
market, Tre jfroposo to sell this consignment
At Pricexthat nlll Suit our Cmtomors.
83 1 M C. BhEtrKIt A CO.
Oeveriik Bailers, Sf ean Pipes
tlU., 1V, .
SavQ26 per Cent, of Fuel-
PEICE BiDUCED TO $7.50 BBL.
tho. H. DAVIES Co,,
83 3m ft Ajtau.
NEW GOODS BY LATE AKRM
SAN FEAHCISCO, M5W YORK AND MOUmt
CAST iE A COOKE
And to iwrlw nNo ly vwcln dw firom nlmvo jwl, nntl
TO BE SOLD AT LOWEST RATES!
For Plantations, Country Stores or Families.
Orders Fillet! nt Shortest Notice wul with Sfttwfuction to I'urelhworn.
The. onlt OENIUNK TAMS PLOW. rosJ of POM8HKD CART STKBI. n,J pimiiUftl
tonM to if not twttet thin ny Hteel ltjeiilUnR 1'luw In llir nMikrt. Al elhtr
inikr of Vlun cm bona of Mollne Mow Co., John Dtrre O, Jev
Oswc Mown, llorso Hoes, Manet Jr., Cnn KnlTc. made of brt strtl, t mr d
PlantemVi Hoe. 0, J, a and a Onnlrn lloen, K and .H nttk i Sojthw and arwthl,
Axe nnd Mck Mnttooki i Mck, Hue, Ad, Melt, Ou, Axe and other Hamlin i
Leather Hellliic.3 to 13 Inch, bet quality i L it. Hone. Hi (, h H(. M ""d 2 Inch
lWdwin Feed Cutter, hand and hor puwe r j Ox Yoke, Ox Uo,
Aile (or Iloiie and Mule Cart. l"ortable Force. KrI Anilla, Canal Itarrow.
Ilnbbrt Metal, Ijicb litber anil iclnc I. It. racking, round and tfinirr, all 1s I
Booiwtouo nnd Aabentoa Steam l'ackinc, Heat Mat I. It. Steam lacking. H to la Incfii
Atuestoa Holler Corerlnij and Steam Pijw Uo., Machinery Caator and tynniUr
Xeuta' Foot and HnrntMi Oils.
Disston's Celelsrated Saws and Files all sizes,
Spoar & Jackson's and Stubbs' Fllos,
liammera for Carpenters, Machinists, Blackamlths and best makers, cuanu tredf
Cut and WronRht Nail, all sizes ; Cut Fpltf , Hore Sliors. Jlole Shoe,
llorao and Mule Shuo Nnll, Gnlranized 5inl!, n auicrior amwttment of
Latest Improvements in Shelf Hardware!
Hubbuck's B. L. Oil, Fresh Importation, at Very Low Itnte ;
Uubbnck'i Whlto Lend, Zinc nnd lted Lead, A Fine AfMaorlment of Small Falnta in OIL
STAPLE DRY GOODS!
Denims, 8 nnd 1) oz.; Tickings, A O A ; B nnd 1) Bleached nnd Unbleached Cotton,
Uronn nnd Blenched Drills, ltussia Diaper, Linen hhretinc. Mosquito Lce Net.
Blue and Scarlet Flannel, Sbeetinr;s, A Fine Assortment of White Flannels. Also,
CS-ate, taxr and Snpexliri.o ITloixr,
California Limo, Fortland and Itjdraulio Cement, Sncar Bnc. Colombia Hirer Palmon,
Barbed Wire, Plain Fencing Yire, Galvanized lluofinfj, Bayo Beans and Sugar Bass.
ON CONSIGNMENT AND FOR SALE A T, VER Y LOWEST PRICES
Blake Manufacturing Co.'s Steam Feed Im'sntinK and Vacuum Pumps, In larrje Tarietyof sues:
Weston'a Celebrated Patent Ceutrif uroIs, in hetaof two or four, complete;
Woodwurd & Brown's Celebrated Pi.mus, the cheapest GOOD Piano tu market;
Now Hhtou Org.m Co. Parlor Organs.
For HLoroseno Oil, -cu-o oToxi
Tbo PALACE, nnd guarantee it eonnot bo beat fur quality or price; also.
The VULCAX a Rood oil and aboTe test, but r. lower priced oil than Palace.
. S. CLEGHORS? & CO.
"Fiom New York, . California, Europe and the
Colonies, Offer for Sale,
At tla. 3La07ves1; 3st:rl5.el; Rates I
STOCK OF NEW GOODS, JUST OPENED
Suitable for Country Stores & Plantations.
Large Assortm't of Bry Goods
Prints nf Latet Style, wide and narrow, fast color ; Dine Denlmi. Sheetlne. Horroek'a Lone- Cloth
Ilrown Linen Ilrillr. Pnre I.inrni. Mo!rkln. Ilroa n and White Coltonn. Tleklnci. Tnrker Ilc3
White Mn.cinitn Nrttlnj:, Jlrrlnos. black and colored; Coboorca. iVIruca and Ureas Gooda, I.
TowellnanifTiw,l,Mcn' Whlto and llrimn Colton llalMlofc. Lartlr.' Hoar. InTatittr at rvhnli.
BL A N Blanket.. White Colton lllanleti, Uhlte and ranrr WnolenBUnkett. I iliet Jbwefhu:
Woolen 4 Camsn Hannel., Tapc.lrj, VeltclIMle, 3't. & India Jtubbcr Ccala. Hesilti T?irtn I'hltU
Full Linos of Australian and English Saddles, Bridles, Girths,
Saddle Cloths, Whips, etc., jtc.
Solo and S..ddIo Leather, Tanned Sheep and Goat Skins,
Constantly on Hand and for Sale, from the well-known I1ILO TAJiNEHY. F. S. Lyman, Proprietor;
Beautiful Lines of New Plated Ware, wonderfully low I
Fan, Fortes, BaRa and Albams, AT ASTONISHING PRICES.
JEWELRY c.IVX W'Jl CUES!
AGENTS POR THE .
Celebrated Durham Long Cut & Granulated Smoking Tobaccos, Cigarettes,
Cigars, HaTana and Manila; Clcjr Holders. Jleersclianm; t'ljarette Ilojdcra. McerschaBnt liofa
llrlarwood Pipes. Clar Plpc. Cherry httm, Amber Month-pieces and Tobacco Poaches,
GalT. Bnctcts, Tnbs, Basins, Sailor Tans, Sancepans, Chnrcoal Irons, Tinned Iron Spoons.
Boston Card Matches, TVhltc Lead, Zinc Faints, Boiled Oil,
DOWSER'S KEROSENE ASD C0.1L OILS,
A Choice Assortment of Groceries !
Consisting of Jellies, Jams. Table Frnlts. Tomatoes. Baked Brans, Ollre. Salmon. 1 4 3 lb linn Polled .....
Potted Meat,. Brawn. Pis's Feet, Clams. Sardines, Lobslcrs. Sncar of Ltmons. 8""e,
AlaBka Oulaghan (or Candle) Pish and Mackerel, 5 lb. tinB,
Bright Red, Full Weight Plantation Salmon, in Barrels and Half Barrefs i
Dealers in All Kinds of Soaps Toilet Soaps, a Specialty;
Slue Mottled. Soap, 24 bara in a box.
Sprrlal Attention Vald to the CarefnlSrlcctinr of Goods for ronntrr
"'""'"' "r I,rtnoi Stores. o,
and Ksalmmann Slrfrt.. llonnlnln. 11. I Mr TEI.EPIIOST Nn XO.
GIVING XJI THE
DRY GOODS BUJSaafESS
Having Undo Different Arrangements, I Havo Concluded to
SELL OUT MY ENTIRE STOCK
Dry Goods, Fancy Goods, Clothing and "
I want to get rid of overythinj: before tbo 1st of January. I don't cam what
thu Goods bring, but thoy must bo sold. A. 21. MEEOgT
LOOK AT MY PBICES, AND SEE WHETHER I MEAN WHAT I SAY
Ladlrs' Lawn Sacks, Handsomelr Trimmed
'."""""n uii mu ii2ai,per jaru....
lilacs: and Colored Bef, per jard
Lawn Ureases, 3 pieces, "narantfed to wash....
bilk (mixed) Ures Good.... ( ,
Ladle Paucr Colored Hose, per bor, a doz....
Hena Jderlno L'ndersblru..
gap Every Victor will Deceive
Known Celebrities or Actressea PHE& OP OHAKGE.
Parties Baying Eive Dolbrs' Wortb, or over, will Deceive TEN PFR
CENT. BACK ON THEIR INVESTMENT. -
GOOD WILL, AKD TIXTimES TO i j
A A JUiJuXlISa
EXTRA MISS BEEF!
X BAKKELS. Wamcated
COLUMBIA KIYEB SAIiMOlf, Ei
jKJIJLbs Jfc Co
' . . J?- " - ' i
.. -. V ' r .A "n ----.
CAUJili TO OUJi
Jmss SIm Silk Handkerchiefs. aOxSD
llubbcrTlpptd Lead n
ote. Paprr. ', ream, per pactiM,. si
Unre Slaa Frinjtd TIdei..
Udles Calbrlian Ho.e. silk, tieXri'ZZ w
.... ......... ........ .a so
a Handsome Photorrmni, p trr.i,
Tort gtrcet. near not, ttttt. ,..,.
a. 1881. ral.bT jj BOLUEsiSJ
llXi & CO.