OCR Interpretation


The Hawaiian gazette. (Honolulu [Oahu, Hawaii]) 1865-1918, February 14, 1883, Image 4

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83025121/1883-02-14/ed-1/seq-4/

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TnfCTa Jflrrrlandiir.
fue&oW Cae
AMERICAN WATCH CO.,
Awarded GO LB Medal
, . - , - . . TS' -a v -fcjL. vtt 1 -5 - ia 10 ,1m American
ij - - f "nam it -Twf a Jrt" iMSTtcr are a oni-
. 1 rx. uiJMirBLj -roc to andarranrrinrnt
- . : 7T j. fc wader oca f ... m lift Exhibition
. .v.- I 1 JAXES SXrra Cinir.
31- L'Cicx li.:rn' 01. Exhibition Iw
AWARDED FIRST-CLASS COLD MEDAL.
The Only Gold Medal; also, Two Special and
Pour First Prizes for "Watches.
i-arfc-UN ar..- b.! t.i a.- .dr.. ' Iftirmiliwm Exhibition LunniMiva 1" Ikr
u (.ranoaO-.o'VJ.olo,.,., ..ot.y.-1!, 4 U AMI MLYEI1U ATI 1!L 11 UnfiTi! of Mertl
JlktOT Mfc!"- .rtim V rw MOM: F (iMFENSATISG DALUiCKs. 1.1 fcrn
iimitnm nxi-i ami llc-am e or t ai 1.1 iKsrr. t Mini. rMuMM.
I TW lalntirAT nlAl l.-lnri" .'Jt'rilandl-necialilrntion
At akarMiiniM4i ui there are several Worthless Watches
Murine mr marks of Waltham Watches. pa a on tte mihic
VW im an owhim aaorl ' ' iik f : Thf?MOffrol.elnaiiBfctari,a&didror
Agent for the Hawaiian Islands.
Gcnrral Jfltrthaniiit.
IP?
JOHN NOTT,
At the Old Stand. No. 8 Kaahumanu Street,
Tffi, GOPPES & SHEET IRON WORKER
PJjTJMBING, in all its branches;
Artesian Well Pipe, all sizes:
STOVES AND RANGES
1 VL. 1 bdiw; cEiru-iOik, Kimble, InuoJ ana Laundry tto es,
T.;.?,.Tw lVS EnS Orlron Xiclcl Hated and" Wala .
Galvanized Iron "Water Pipe. aU sizes, and laid on at
Xowcst Rates: Cast Iron and Lead Soil Pipe,
House Furnishing Goods, ail kinds;
a hi stu. ivnfidiins.-
. a. .. ud. l'rr.,,rw .IraniHvl Inm. Slxyt Conner. Sheet IXJUl,
TWf'n tnCtav H at 1. 1 jBCt- MarWff Slabs simI ItowH KnanHled Wash Standi
Chandeliers, Lamps, Lanterns
J. W. ROBERTSON & Co.
HUCCHbHOHH TO -C &C W1HTWHV.
Importing and Manufacturing Stationers,
Publishers, Printers, Book-Binders and
XEWS DEALERS!
The Oldest, Largest, and ChcapcsCStationcry Establish
lishmcnt in the Kingdom. Keep constantly on hand.
A FHI.L& LARGE Assortment of STATIONERY
K- car All SoHCrlptlOns.
In Our Subscription Departm't
31 sitb yi,lI.-ljfd in Cajiftviufc the Eietcra butt!
a n iMiiy i fspnw dbpartbekt:
We Make All Descriptaon Blank Books,
nTi( 1V-.4.- rinuiianHBU1 lVwX. BotclHT ItMkr hrJMIM.r
f"rk Ili-irit mi. tl ft T(joripl wofllmillnr
HavingaFirst Class Ruling Machine
aiiiirMr'-i i i . tMt At vori , n i' Uii- uMIfebust - Itfbl; f poLru i:
In the PRINTING DEPARTMENT, wc ore prepared to do ALL
KINDS OF BOOK AND JOB PRINTINC.
BOOK ORDERING DEPARTMENT :
fV . ka auui- mi' 1 atxkdatTtef c - ..i. Vurlc Arrnti m it. mWu lo p on haad a Fim .-
OrOcrriaii "(eiiTom bevt nd prompt altrctlca
TUtTClHl 2 Kl
Just Arrived !'A COMFORTABLE HOME
JJX FOR SAT.iT! :
ONEfMILE OF
as
as
THE UXDEKMCSED IU EECEXTLT
Iidif Portable Railway Kails, Fittd uP in Elegant style, .the
xargc. itoomy uoitage,
1 b fm jnd. mad raefc xn.- mUi
Fortarrlr lloarinr to tat. - Lrmm EtAic .n nn
a tmu fcrrond IL Cwamrrrtal Hotel Irtmin,for
Called the "White House."
SiJt Tkf Kawa i iLaV I Attmai IrT
- ALM mil bJLlJ:
Job FmlT A C.a rut-
t larifiniirliia '
twa, tfc K4cntrif4 lit to.rrfcr t
Ifr, MtT a aor n
Fwfaftbrtankalus. anj to
ll raaiiOt X urT4 In Ifct Kludtxra (or Cotaiort
wavnuuRw. a ur vruouaa arr spacious and Gr
aaaxulrC nta Shade Trrr. htraii of RfpccUbltar
may alwart bt tare ol a Chtcrtal Home ibere. A t
tia- TUtoa U rt iurt for the aumlnw of Ue
Oacvta, A FEW OiolIE EOOXS AltE VACANT
Trnej alwaj tnodmtr,
MRS. J.T.WHITE.
rroprtniw cf thv Wait IIosm "
llanT of mr rcadm lalll mnrnTr Vn Ultitlr a.
Irrvnictrc of Uc LodsllitaiBFonauirct.a4
Joiomr ike raclipoa bUWe. vaicb war jnica a Con
nntW Bone Wk&a art toaBaccoait, fcS Sm
C. BREWER & GO.
Offer Tor Sale Hie Carco of (he
Furness
Abbey,
C a r d 31a tches,
FRANKLIN STOVE COAL!
Huir Mattresses,
Double and Single ;
Bale of ExMlsior.
STESTS of trunks
SECOND UAKD
S A.E E S !
In tioodorfcrandal Extremely Lew I'ncn.
Washington Chairs,
Frazer's
Axle
Grease,
Ji CHOICE SELECTION OF
Carriages,
Phaetons,
Basket T o jo s
Dlffrrrat Sljlcr,
Cut Under
Carry-Alls,
Brunnell Top Buggies
also, run nAiiK
' EDWARD MAY,"
Ciscj" Yt-.UrMcU), 1.22,SI otnrtf.
Kfj of Composition
Grocerers' Wagons !
Democrat Wagons,
Hand Carts, and Ox Carts !
A1.L01-T1IU AIIOYi:
Goods are in an Excellent
Condition.
And mill Ix-SUl.ll MW,ta Coinlfii
i . BKCWEK A CO.
WILDER CO.
Importers and Dealers in
LUMBEE
BUILDING MATERIALS !
Ol' All. HI MIS.
JUST RECEIVED
LATE ARRIVALS
URGE ftND WELL-SELECTED CARGOES
lion ri
11
txiuriusiu
ALL 7IIE USUAL, S70CK SIZES
IN
SC4HTLIN0.
TIMBER, PLANK, BOARDS.
FEHCIHO ABD PICKETS
VLSO. Ol X1IVX
A Host Complete Stock of
A FINE ASSORTMENT OF WALL PAPER
i.ATrvrr.vri i j.
KAILS, LOCKS
EDITS, HINGES,
BOLTS. SCREWS. Etc
DRY REDWOOD !
Scantling ; rianV, surface and roogb
Boarde, snrfaccd and rough; Bittern,
Pickctu, Kustlc, Lattice, Claplward.
AI.S041MIKli,
Pant and Whitewash (Brushes,
wiiiti: i.rAD.
niiiTcuAcr.
rAivroii.
METALLIC AND OTHER PAINTS!
Class.
Salt,
Firewood.
DOORS SASH BLINDS
A I.1.M7. IX.
or Eastern and California Make.
FOR SW.B IX QUANTITIES TO SflT
HAWAIIAN
Furniture Maniifacton
J. H. BRUNS, JR.,
MAXCTACTTBES
ffllKDFFOlMTDl!,
Ail)
AT THE LOWEST PRICES!
AIKA1S OX XIAXD. AI
ORDERS FILLED AT SHORTEST NOTICE
ise nrssmrsx it'
asd or the
BEST SEASONED STUFF,
AM)
No Pains will be Spared
TO GIVE
SATISFACTION TO BIS CUSTOMERS
rphoLlerlnc IHbc tm onler.
Coffins Always on Hand.
JFS-CALX ASO SEE.-5 17
wmmx Olazcto.
WEDXESDAY, FEBTDARY 14, ISS3.
SttpremV Court of tlie Hwmliaxi Ilnd.-
Chables L. ITorKixs vs. Cnrxo Wa irr al.
Opinio cf Jndd C, J tit Jury torrnf.
The plaintifl iVb br tills action to recover
possession of the Isnd on the northeast comer
of Xacarra and Kins itreets, Honolulu, vhich
he claims by right of inheritance as surviving
heir of Mai nae tw) to urbora me same was
panted by Royal ruest o. l.
The defendants hold bv a lease from the
heirs of James Auitin, -who obtained posses
sion of the nremises bv virtnc of an instrument
hereafter to be considered, from the said Mai-
cae, patentee, to uimseu, dalea me znn Jan
nary, 1S5I.
The plaintiff claims as the'nephew of Mai
naet and avers thathe is the son cf Kaiawa (k)
and Kahana (w), Kaiawa being the brother of
Mainac
It is Tiroved to mv satisfacuon that -Mamae
had a husband, KekoVo, who died many years
ago, leaving no issoe. Mainae married again,
one Loan, and died in 1&77, leaving no issue,
their children dying in the Hfetime of the par
ents. Lnau thereafter married Kahiki and
died since this action was brought.
Kaiawa Earned Kanana about lue year
1S3S. as some witnesses sav, others say later.
Kahana died in 16CS and Kaiawa in 1&7S. All
these parties are native Ilawaiiansof unmixed
blood. The plaintiff was born at Kaaa wa, Ko
olaupoko, Oano, in the year 1653, of the wo
man Kahamx, who is also known as Waakau
honua. Her husband Kaiawa, is proved not
only to have oecn married to her, but to Lave
consorted with her as her husband for many
years previous to and subsequent to the birth
couple were servants of an Englishman, Chaa.
Gordon Hopkins, scn living in the same house
with him in Honolulu, and that the plaintiff
received his name from him, was supported
and considered by him as his son, which, is
strongly supported by the plaintiff's personal
appearance as to complexion and physiognomy.
The counsel lor cieicnaanis urges uiai uio
Court on these facta is compelled to find that
the plaintiff is illegitimate and not entitled tn
inherit from Mainae, his alleged father Kai
wa'a sister, relying upon the following:
"Tne presumption ol legitimacy may i
rebutted bv circumstances inducing a contrary
preBumption." 2 Selw. X. P. 758.
"Where the husband in the course of nature
cannot have been the father of the wife's child,
the child is by law a bastard, whether the
husband be within reach of access or not." lb.
All the remarks in Selwvn show that the
evidence may show that the linsbaud could not
by the laws ol nature have iecn lire lamer.
A child bom during lawful matrimony is
presumed legitimate. This may be disproved
by circumitances, as showing the husband to
be under the age of puberty, or laboring under
some other natural disability, or his continued
absence or other circumstances repelling.
strongly the presumption or access." 2 u J,
Hill'i notes 405. See 1 Phil. Ev. ISS.
"As a reneral rule, the presumption (of lec-
itlmacy) may be rebutted by evidence." Tyler
on ejectment p, 493, citing Morris vs. Davics
S CI. and Fin. and Keg. ts. Mansheld 41 u, U
CIS.
The doctrine however is clearly set tied that
although the birth of a child during wedlock
raises a presumption that such child is legit
imate, let this presumption may be rebutted
both by direct and presumptive evidence; and.
in arririntr at a conclusion on iuo Buuiecr, ine
iurv roar not only take into their consideration
lOOlS ICDUJUg LO BlIUW IUC lUlJEtllill JUJjJU&Ol-
bilitv of the child born in wedlock beinc leg
itimate, but they may decide the question of
paternity by-attending to the relative situa
tions ol the parties, lueir nabiis 01 me, mo
evidence of conduct and of declarations con
nected with conduct and to any induction which
reason sninrcsts for determining upon theproii
abilities of thecase. " lb. SCI, citing 4 Term
35G. 2 Str. 24. Co. Lit. 123 b."
" It is an irresistible inference from all the
facta that the plaintiff is tho eon of Hopkins
sen. As a matter of fact a half white child of
native parents is a natural impossibility. The
law allows such a finding of facts to be made
on reasonable evidence, and if such fact is
proved, it rebuts the presumption of legiti
macy
The leading caso on this subject is Morris
ts. Davis, 5 Clark J Finnelly 3uu, U&30),
w 1 i-rl It 1 .1
ijoiu uouemiam was vuaucciiur uuu uiu emi
nent jurists Lords Lyndhurst and Brougham,
sat in me case.
It became necessary for their Lordships to
review the Banbury Peerage case. In this
last named case, certain questions were sent to
tho Judges of England, the answers to a-hicb
are summarized by Lord Lyndhurst in Morris
vs. Davis as folldwe:
First That when husband and wife havo
opportunities of access, the presumption of le
gitimacy may be rebutted by circumstances
inducing a contrary presumption.
" becondiy. mat non-access, or non-gener-atinz
access, may be proved by means of such
legal evidence as is admissable in every other
case in which it is necessary to prove a phya
ical fact.
"Thirdly. That after proof of sexual inter
course, evidence will not bo admitted except
to disprovo the fact.
' Fourthly, That sexual intercourse is pre
sumed, unless met by such evidence as satis
fies those who are to decide that it did not take
place." The full answer to the fourth ques
tion is as follows:
" That in every case where a child is born
in lawful wedlock, the husband not being sep
arated from his wife by sentence cf divorce,
sexual intercourse is presumed to have taken
place between tho husband and wife, until that
presumption is encountered by such evidence
as proves to tho satisfaction of those ho arc
to decide the question that such sexual inter
course did not lake place at any time wnen,
by such intercourse, the husband could accor
ding to the law of nature, bo tho father of such
chUd."
The Houso of Lords, in the Morris v Davis
case found as follows : I copy tho head note :
"Husband and wife, after living together for
ten years, and having one child, agree to sep
arate, lhey accordingly alterwarus Jived
apart, but within such distance as afforded
them opportunities of sexual intercourse, the
husband not being impotent.
" Hdtlf that tho presumption of law in favor
of the legitimacy of a child legotteu and born
of tho w;fe' during the separation, may be re
butted, not only by evidence to show that tho
husband bad not sexual intercourse with her,
but also by evidence of their conduct, such as
that the wire was living in adultery, that sin
concealed the birth of the child from the bus.
band and declared to him that she never had
such child; that tho husband disclaimed aU
knowledge of the child and acted, up to his
death, as if no such child was in existence;
and also, that the wife's paramour aided in
concealing the child, reared and educated it as
bit own and left it all his property by will."
In the case before me there was no attempt
to show non-access of toe husband. I he evi
dence of an intimate acquaintance of the family
is to the effect that durinir the period covered
by a year or more previous to tho birth of
plain ti a, Kaiawa and bis wile lived together
up stairs in a bouse in which Hopkins senior
lived.
Here, then, not only had the husband and
wife opportunities of access from which sexual
intercourse is presumed to havo taken place,
but there is no evidence even tending lo en
counter the presumption of such intercourse.
rui; UJC UV1UCI1CC Ol LUC aCUl VI ilULIhlfW Bvlii
in relation to the child as well as the appear
ance of the child, do not tend to disprove the
presumption ot sexual intercourse of the hus
band and wife; they ore even quite consistent
with it. These facts rfo tend very strongly to
show that nopkina sen. hud 6cxual intercourse
with the mother, but it is the policy of the law
not to encourage me admission 01 evidence 01
this cliaracter, and in order to protect the mar
riage relation, the presumption in favor of
legitimacy must 1-0 sustained in a case like
tbi?, according fo the third answer of the
Judges, above cited from the Kamburs Peerage
case, that ' after proof of sexual intercourse
of the husband and wife) evidence will not bo
admitted, except to disprove the fact."
I can find no case at all approaching the
view urged by defendant's counsel. The ap
parent mixture ot blood in the plaintiff is a
feature in this case which docs not appear in
any of the cases I have been able to find. -Dat
I do not think this is sufficient to rebut the
presumption of legitimacy, theplaintiffliaving
been born in lawful wedlock, while the hus
band and wife were living together and no ap
proach made towards showing that sexual
intercourse between busband and wife did not
take place at any time when, by such inter
course, tho husband could, according to the
law of nature, be the father of such child.
To go beyond the adjudged cases would pro
mote inquiries into domestic affairs which
wouldbe subsersive of the sanctity of the mar
riage relation and create public scandal.
, To summarize this point, I bold that not
vithstandingthe physical fact of the plaintiff
baviDg an admixture of white and native blood
the fact that is also shown by uncontradicted
evidence that his mother and her husband
were having actual intercourse with each other
at all times, renders the evidence of the plain
tiff's "admixture of blood inadmissible in law
so that the presumption of his legitimacy is
not thereby removed, and be is thereby enti
tled to inherit from Mainae the patentee of this
land.
Z pass sow to the defense. An instrument
is introduced, entitled "An Indenture of
Lease," bearing date the 24th January, 1821,
between Mainae of the first part and James
Austin of the second part, by which the party
1 ins nrsi port in ccsaidera&OQ 01 one collar
and for the farther consideration of the con
ditions and obligations hereinafter specie ed ;
and set forth, hath granted and (by) lease, let ;
unto the said James Austin, his heirs repre
sentatives and assigns for the terra of ten years j
from and after the 30th day of March 1S58,"
the premises in dispnte, describ
ing them by metes and bounds; " To have' and
to bold the above described lot with alt the
buildings thereon and all appurtenances there
unto belonging, unto th said James Austin,
bis heirs, representatives and assigns for the
full terra of ten years from and after the 30th
day of March, A. D. 1853, as aforesaid, with
molestation or hindrance from the said Mainae
or any other person or persons whomsoever
claiming by through or under the said Mai-
ae.
" And the said James Austin covenants and
agrees to and with the said Mainae that be the
said party or the second part or his represent
atives or assigns will pay or cause to be paid
to the said party of the first part or her repre
sentatives as a rent for the above described
premises annually, the sum of two hundred
and fiftv dollars in eoual monthly payments,
beginning in April, 1858, and continuing for
the loll term 01 ten years lucreai.cr, ne iuc
said party of the second part agreeing to and
with the party of the first part to pay any taxes
that may be by law imposed on the said prem
ises during the continuance of said term. And
it is farther agreed and folly understood by
the parties that the said party of the second
part shall have the privilege at the expiration
et this lease, of renewing the same upon the
conditions, provisions arid payments as herein
specified, for another term of ten years or so
long as he or his representatives may desire
me same upon saia conaition. Ana saia Faroes
Austin or his representatives or assims. shall
occupy and enjoy the lot of ground and prem
ises herein conveyed wiuioui opposition or
disturbance for the said term of ten years,
with all privilegci and immunities incident to
absolute ownership, he paying for the same as
aforesaid, the yearly sum of two hundred and
forty dollars in equal monthly installments
beginning with April 1858, as aforesaid."
(Then follows a provibion for distraint for rent
in arrear.)
that at the expiration of this lease tho said lot
of ground shall be restored to the said Mainae
or Jier representatives together with all the
buildings and improvements." This lease is
signed by Mainac and James Auaun.theirng
naturcs acknowledged, and the instrument re
corded 25th January, 1854.
On the back is the following: "Know all
men by these presents that I Luau of Honolu
lu, in the Island of Oahu, do hereby declare
that I havo always known, approved and con
sented to the within instrument and do hereby
as far as my rights are concerned ratify and
approve the within instrument, this lOlh day
ot September, A V, itt?u, his
LTJATJ. A
mark.
In presence of H. L.Sheldon:
Luau's acknowledgement to the above was
taken 23rd January. 1632.
It is claimed by plaintifTa counsel that this
instrument beimr made by a married woman is
void fib initio; that, it being void it cannot be
revived by the husband after tho death of the
wife, for the property descended to her heirs
on her death.
The defendant s counsel on the other hand
contends that the instrument in question is not
void because it was executed by a married
woman as her husband expressly ratified it.
Tho law in force in respect to a married wo
man's control of her lands in 1854 when this
instrument was made, was the same as at pres.
ent:
"The wife shall be deemed for all civil pur-
iKiscs to be merged in her husband and civilly
dead. She shall not without his consent,
have legal power to make contracts, or
to aucnato and dispose 01 prosperity."
laws ol ibltip. 09 and Livil Code section
12S7.
Various Justices of this court have held
that a deed of a marriec woman, her husband
not joining or assenting thereto, is void. Bat
the paper in this case is in tho naturo of
lease upon which tho husband has endorsed
his express consent and ratification,
I sco nothing in the statute to indicate that
the husband's ratification or consent must lie
contemporaneous with his wife's contract.
The meaning is clear that she may make con
tracts and alienate or dispose or her property
witn ner uusnand s consent.
The common law method by which a wife
could alienate her land was by fine and re
covery by matter of record in open court
Chancellor Kent in ms Commentaries, 2nd
Book p. 153. says: "Tho substitute of a
deed for a conveyance by fine, has pre'ailed
throughout the United States, as the more
simple, cheap and convenient mode of convey.
ancc. The reason why the husband was re
quired to join with his wife in the convey
ance was, that hU assent might appear upon
the race or it, and lo show he was present lo
protect her from imposition etc." There is
some evidence that Luau the husband of
it.: ' . : j
IU ill UUU BUIUVtllUVB iratXYCU IUC I Cllt UUUU
her lifetime but I find no receipt of such a
date.
Having found that tho instrument under
T.hich defendants hold possession is not
void, I now consider its purport. It creates
a valid tenancy in J. Austin for the first ten
years, iromi&t April ib5S to 1st April ltses,
and his holding over as a tenant and continu
ing to pay the rent, on tho authority of Camp.
bell and Tart on vs. Akana 3 Haw. 571 , bound
him for a full terra of ten years more, under
the clause lor renewal. 1ms additional term
expired 1st April 167S. But the instrument
gives tho party of the second part the privi
lege of renewing for another term of ten years
or "so long as he or his representatives may
desire the same upon said conditions."
ibis is claimed by tho defendants counsel
"to creato a fee, determinable at the pleasure
of the grantee, or a baso fee. If a base fee
was not created, the instrument is a lease
providing for extensions of terms of ten years.
each new term beginning by actual occupancy
and holding over trom the previous terms,
Dclcndanla counsel cited cases which arc re
ferred to in the opinion of tho Court,"
In I Taahbnrn H. P. p. 62 we read, "the
term determinable fee seems to be more pen.
eric in its meaning, embracing all fees which
arc liablo to bo determined by some act or
event expressed on their limitation to circum
scribe their continance, or inferred by law
as bounding their extent.'
Plowden uses the followioir lawruatre
"Such perpetuity of an estate which may con
tinuc forever, though at tho same time there
is a contingency which, when it happens,
will determine tho estate, which contingency
cannot properly be termed a condition, bat 1
limitation, may be termed a fee-simple dc
terminable."
Although in the instrument the word "heirs"
twice occurs, in the demising clause and in
the habendum clause, thero is a clause that
the premises shall at the expiration of the
lease bo restored to the said Mainae or her
renrescutalivcs with all the buildings and im
provemcnte, which would be inconsistent
with the idea of creating a fee of any charac
ter in the land. It seems to me also that by
the event or act which is to determine the
estate in a base fee is meant something differ
ent than the mere election of the grantee or.
his wish to terminate the estate. I cannot
rcconcilo the definitions above ctven with the
language of the instrument before me. Look
ing at me whole instrument I am of tho opin
ion that no estate in fee was intended by the
parties, but a icasc-boid estate.
Counsel for plaintiff contend that after th
1st April 1878, there was a tenancy at will
between the parties ana win en would dc ter
minated by the death of cither party.
-5rlors landlord and Tenant Sec. 333 says
"a covenant to let the premises to the lessco
at the expiration of tho'tcrm, without mention
ing any price for which they arc to bo let ; or
to renew, upon such terms as may 1 agreed
on, in neither case amounts to a covenant for
renewal, bulls altogether void lor uncertainty.
Nor will a renerab covenant for renewal be
construed to imply a perpetual renewal unless
the words arc expressly to that cflcct; the
most a lessor is bound to give on such
covenant is, to renew for one term only.
Covenants for continued renewals are not
favored, as they tend to create a perpetuity.
Inlho opinion of Van Ness J. in Abcelrs,
Jiaddif, 13 Johnson 209, where the lease
contained a covenant "to let the lot" at the
expiration of the term created, the ludcc said
" the word let is strictly applicable to a lease
and not to a deed in fee : and a lease is for
life or for years, or at will, and always for a
less timo than the interest of the lessor in the
premises." The judge held that the covenant
was totally void for uncertainty.
A late Case W. Trans p. Co. of Buffalo vs.
Lansing, 49 X. Y. 499 1872 is very instructive.
The lease was for fifteen years with a clause,
"with privilege of keeping and occupying
said lots for such further time after the expi
ration of said term as said party of the ttcoml
part shall choose or tied, yielding and paying
therefor the same rent etc"
This high court per Folger J. held that
where before the expiration of the specified
term the lessor dies the lessee is not entitled
to a" renewal or extension of the lease.
On page 505 the judge says, "and so it is
said, that if one let lands for such a term as
both parties shall please, this is but a lease at
will; because what that term will be is utter
ly uncertain, (Bacon's Ab- Lease L. B.)
That is, as I understand the proposition, that
it is at the time of tho lease utterly uncertain
what term the parties will please and not that
they may never please to fix upon a certain
term. For 'the certainty of the continuance of
the term ought to be ascertained, either by the
express limitation of the parties at tho time
the lease was made or by reference to some
collateral fact which may with equal certain
ty measure the continuance, thereof otherwise
it will be void."
" Now it ts plain that there is nothing in the
e -
instrument before us which specifies and
makes certain the term for which the new
lease was to be given, or for which the lessee
was to enjoy a further occupation after the
UIBt 1C3SO HSU CiyilVU. Vl 1 WltiO mtj
ference to any writing then in being, nor 16
any collateral fact or circumstance, then ex
ittiog, which made it certain "Also from
page 509." " He is not by it before or when
be begins that occupation to name and specify
the number of years for which he will continue
as tenant. But the occupation is to ran along
without a determined continuance specified
before hand; and is for its duration, depen
dent all the while upon his choice or election,
unexpressed as to a definite term thereof, so
that it may continue lodehmttly, ana ne ar
rested whenever he wills."
"It is at most a tenancy from year
to year, so long as both parties please; for
the courts do not willingly construe' demises,
here no certain term is mentioned, to be
tenances at will, and incline to hold them to
be from year to year, especially where an
annual rent is reserved."
"Moreover, when certainly of continuance
depends upon matter ex postado, that matter
must occur in the lifetime ot both the lessor
and lessee, because no interest passes out of
the lessor daring his lifetime ; and after hit
death the naming of years will be too late.
In ray judgment the most that the lease
created, by the provisions under notice, was a
tenancy from year to year, determinable at the
will of either party upon giving the requisito
notice."
This case is almost exactly parallel with
the one under consideration and is con vine-
I am aware that there are cases where
1 nr.
tho contrary is held, especially Swsetzer vs.
McKenney 65 Maino 225. In this case the
lease was for fivo years "and as mach longer
as he desires" and the court says, "We feel
bound to give effect to the written agreement
ot the parties according to its tenor ana in
tent. Ihe stipulation that ho was to have
the rooms asmttch hnger ps A desires was
fiart of the consideration for which he took a
ease and paid the $50, annual rent for five
loo case diners irom the 1. casein tne
respect that both parties to tho leaso were
alive.
Being at liberty so to do, I adopt the prin
cipal of tho X. Y. decision and hold that the
ease under which tho defendants bold, by
its terms now creates a tenancy from year to
year which by the notice to quit of the 3rd
March 1662, terminated on the 31 it March
IS?2 when the year cxDired.
As lue plainull has shown that .Mainae left
husband Luau surviving her, he or his
heirs would be entitled to one undivided half
of this estate, and therefore iudgmcnt must
be entered for plaintiff for one undivided half
of the premises mentioned in tho Complaint.
W. K. Castle, for Plaintiff. A. 5. Hartwell,
lor Defendants.
Honolulu, February 6th, IS63
$cncra! Jcnhnndise.
JOSEPH E. WISEMAN,
S3 M wkaiit Street, Honolulu, 11. U
REAL ESTATE BROKER
EMPLOYMENT .UJKNT
And General Business Office.
Hon-v and LamK
Leaed nntl ,Nold
In All Parts of this Kingdom
IIOO.MSTO ItKT TIIItOtUIIOLT IIONO-
Iks 1.1 I.C ANDMJIUIIB. Landlord ind Own-
crflorilontfsandJtcftlfvutevtllbfarlii mind that 1
Ureter oq the I find, and It will be to your Interest to
tiaceyoar uru, irnrmrnn aim jinomi imo mj nanus
'or fliftnooal.
rartlcnlar attention rlrm to nroenrlnir rrrnontlble
iraxDir; inn cnarxe iat,en 01 i-npcny jor ameniccs;
infBtanre. i;iarairc. iaxes nu uairr .MtetfineiiiB at
tended lo.
LOANS NEGOTIATED
JDU'1.0 YMSXT B UJiEA U
FOIt AU.htEKIMi W01IK OX T1IKSE IS
I..VMIS.
f r, and Tradesmen, and all employer who drMre
careful attention to tbelr bnelne?e, nonld do Kelt to
notify me wnen vacancies exist.
HOMES AND EMPLOYMENT,
enrra! firtfpmiist.
flnr frlonAi atirnad lio rnntetnntate Ylklllnp or re I
dine rtfrmanentlTon the 0 Irland will find it adranta
jreoua to their comforts to call on roe, on their arrlTil
HU PCIfTt mnr jiunrra, alio mucv urriini ui,r'j-
went will be like If e provided.
New Croods by Late Arrivals
FROM SAN FRANCISCO,
NEW YORK & ENGLAND,
Received by Castle & Cooke
ALSO, TO ARRIVE BY VESSELS DUE rROM ABOVE PORTS. AND
To is.i'i Soil) AT LOWEST HATES
GOODS .
Suitable for Plantations, Country Stores
Or FAM1LIKS. Orders Filled at Shortc-l Notice and with Satis
faction to I'nrciiasers. Attention is Called to Our
Improved 3?aris PLO W
THE ONLY UEM'INE PAKI8 PLOW. MADE OF I-UMMIED CAST YTEEL. ifid Uuraatttd
oretone and At be ton Meam lackln;, IVct Flat India Rubber Meam racking. l iaefc.
rtabbel Metal, Lace Leather and Lacing. India Robber Steam ratals, roond and tqaaxe, alUUea
Aebcto Roiler Corning and Meam Pipt do. Machinery Olla lard, eat lor and tyllniter; XeaU Tvo Oil.
DISSTONS CELEBRATED SAWS AND FILES, ALL SIZES
Spear & Jactaon'r and MnbVa Flte. Himmen for Carpenters, MehInUt, BlacV-nlth A Iloraevbotr,
Cut and Wroflght Nail, all elzet; Hone and Male Mioe 'att,OalT Nail. Cat Spikes lion Jt Male Sfcon
Latest Improvements in Shelf Hardware
Hnbbnea's It L Oil. at Very Low Rates. IlabbncL's While and Red Lad. Zinc. Small pilau la oil.
lUake MannfactnrtncCo'a bteam Feed, lrr1ctniand Vatnin Pomps. Wrttma Patent t'eatrtra-ali
Barbed Wire. Tlatn Fencing W ire, Oarranlted Rooan.
STAPLE ID RY Gr O O 3D & I
Denim, 8 and 9 oi , TicVinr, A C A , B and li Pleached and VtiMeathed Cotton. Rstla Diaper.
Iimwn and Bleached Prills, Linen Mieednp, Mo-o.nl to Lace Net. Bine and Cartel Flaanrl
A Fine Aicortmtnt of Vnite Flanelf Also.
STAPLE GROCERIES, Golden Gale, Star it Superfine Flour
CoIumMa Klrtr ?ft)mon, llijo Bran.. Al.o, Ctllfornla Lime. rcrtUna tnd Ilrtlraillt CrmrBt.
For Kerosene OU We Offer THE PAT.ACE. and Guarantee
itcannotbebeatfor quality or price; also, THE
VUIiCAN, a good oil and above test:
WOODWARD & BROWN'S CELEBRATED PIANOS!
Tlic Cheapest (iood l'iano; New Haven Organ Co. Farlnr Organs.
GENERAL OFFICEWORK
Of eery description attended to. Bills collected, Jejal
piper, of all kind drawn. Books and Account! kept
and eolirlted, and rare taken to teek the Intemti of ail
wy tDiomrr.
lUvinr neatly arranpwl my new offlee department In
Ihenew lire-proof Brick Building adjoining the new
"Oaretto edifice, I am fnlly prepared to meet more
rxteniire demands In bntlnes than heretofore, and
with ray enlarged facilities I inrite the patronace. of
citUcn on the other llandl to make their purchases
In Honolnla thronh me, cuarantrelnx torireallorden
close attention, and to purchae ill and every kind ot
mcrrhandlta (ollclted, prornrine the tame on the bes
marketable terms the city afford
Soliciting Agent for the
MUTUAL LIFE INSURANCE COBTPY
or NEW YOZUC
rV"4rLnfiwlMlrrd Mltc the Larrei t Safest and mot
retire Life lnnranee Company In the world. PES
GREAT ADDITIONS
TO OUR FORMER STOCK,
Ex Suez, Kalakaua!& City of Sydney,
Ship Chandlery it Ship Stores
Cordage, Hemp Manila. Cotton Back,
FUx Canvas, Flax SaII Twine, Beeswax.
Block!-. Otn.8 to-Jl ft: bhacklee,
Bale of Oaknm, Hooka and Thimble, Club Blocks,
tnatch Block, Iron Mrap Blocks, Row Locks,
Mast Bead. Mctalme and Patent BrtsMns,
iShlcre, astd. aire : btockholm Tar,
Pilch, Coal Tar, Tar Oil.
Bright Varnllh, Black Varnhfa,
Wire Rissln?, Marline,
Seizins lioo-eline, Ratlin,
t-ptwyam, Canlktng Iron, Copper Tacks,
Iron Tacks. Connecting Links, Marl In Spike.
Caalklng Mallets, Man Hoops,
Hand Spikes, Pitch Mop. Tar Brashes, 4c Ac.
Paints and Paint Oil
A Fnll Assortment of AU Kind and. Color;
Pacific Robber Paint, a new lot. including all the
various colors;
BRUSH E3 S !
ritot. Yarolfh.
WhlttwMb. r(lc.
Sboc, Scrub
rmcll,
.trtltl.
and b.b.
A GOOD ASSORTMENT OF EACH;
Aacos cte -GCcvtoliots !
WOOD AND MIIXGLISGj
PII I.VNTEBXS AND SIDE tianTS-Tie KtsiU
tlon Article;
GROCERIES & PROVISIONS
A Fall Assortment of Fine Groceries, Inclndtns
some Choice Varieties of Canned Goods t
Table Pie Frnits. Jams and Jcllle,a new article, pot
np sy a new mm, ana we ranmcniy recommend
them as brine something really nice;
A New Lot of Teas, Inelodine some superior Japan
varieties ; bUOAR-Refincd and Raw;
Ham. Bacon, Lard, bmoked Beef, In tins, new article;
CfRRIEB FOWL,
Cl'RKIED OYSTER.
rLTJM rCDDING,
KITS SALMON BELLIES,
KITS MACKEREL
KITS TONGUE AXD SOO'DS,
CodflFh, Cheee. Oxrord SMe, In tins :
Rat-Ins, In Ht li and half boxes;
Raisins, In tins; Cnrrant, In t JL 7 lb. tins;
Pickles, In 1 caL. hf.eiL,qtt. and 5 gal. tec;
Corn Marrh. Tapioca rrmlrelll.
Macaroni, Dried Apple,
Pmne. Plaint,
Trache, Pir.
Flour rf3 Bread.
Golden G.U Extrt K.mlli.
Eldondft, Golden City,
Grtb&m. Oit tbd Com Meal,
Medinm Urrad.Cnekrn, an atecruaeot;
Glnjer nap. Taffr, Saloon rl!otDrca4.
Sodalllfcttlta, ICICE AND COFl'EE,
WJIALEANUSrKEM OIL,
rrZKX CANDLES, 4. and i ;
ALL OF THE ABOVE
will;be
Sold ;tt Ike Best Market Rates
Bayers are taot repetUoIlT Invited to rail and
Examine Oar stock,
BOT-.T-.ES cfc CO.
SUGAR MILL !
FOR SALE CHEAP
I SECOND-HAND MILL !
KOLLEll-TMet Cattlnp with
Spur-Wbiiie h Pinions Complete.
Evers AGRin perfect order.
Verr trawl . tti..cLxe. navlnr rrettnd ease for
1,030 tons loftf acttmllnVlthl,
Apprjth burnt thffc . COOKE, et to -VtBore
telatlASDER t BALDWIN ,
icBtnbjeri Pals, MaaL
E.W.
OFFER FOR SALE
The Following Merchandise just
ltecchcd per
Bark Oberon !
AND TO ARRIVE TER
STMR. " HANSA "
NOW FULLY DUE: .
Case;, 0, 7, S anil feci, lest l.'nglisli Corru
gated Hoofing, Galvanized nidging for
same.
tills. Ucst Knglish Portland Cement,
Ddls. best Annealed Fencing Wire, Xos. I, S,
and C,
lidls. best Knglisli Ualvauized Fencing AViro
'os. S and 0,
Coils Ualraniud Wire Hope, all sizes,
Hales Ucnuino Twilled, Illnc-stripcd
&XJGrAJEi. BAGS
(Of wbich there is a nrnabcr of worthless
imitations in tho nratket). Wo arc tto Origi
nal Importers and SOLK AGENTS oftheso
Celebrated Uags, and tho great; demands for
them from the planters lias induced somo
manufacturers and their agents to get up a
cheap imitation of them.
A Fine Assort'ml. ol" Crockery!
A Splendid lot of English and French Grocer
ies, (particulars will Lo given on arrival
of tlio Steamship ' llansa?' ALSO
A small tnvoico of bcautifal Irish I.incn Dam
ask, Sheetings, and Carabrio Handker
chiefs, direct from Belfast, Ireland.
A small invoice of choice, WATKIt COLONS,
by Celebrated Artists.
Also, to arrivo by Vessel now loading at
Glasgow :
& 0, NEW GOODSI
DILLINGHAM & CO
Bi:iTO ANNOl NCimiATTHKT
are now npenini a plendld A tori meat of Goods
from New York and England, to whirl, they rrtp-ct
fnly Invite the attention of bnyrrt The Goods havtaz
bernboachtforravhatlbe lowest iktt raliaj pre
Ytcos to the reaent advance are offered npo riptW
ally favorable' terms. pcla attmtis Is caM ta
THEIK EUIX LINKS OF
AOKICULITHAL IMPLEMENTS !
THEIR
33x-ocvl3C-liafs: Plows,
Made npon the sas-rttlons of iar Planters, hata
been prvnoanerd by competent jsda to be the
Sntrogcst,. Easiest Handlod,
And mot effective Breaker ever la trolled late .felt
market
FULL LINES OF MOIIHE PLOWS.
Vhttow Plows, several sizes aad styles
Cuba linear Plows, bids Hill Plows,
Doable ltd blLBtc isbovel Plows,
eabo!l Tlows. Essie and Telegraph Plows, ti
Harrows of diOmnt patterns, tntlndier the Trutia
Patent Harrow, which has lact with snch ct
eral favor daring the present season.
CTLTIVATOKS, HOItSK HOES, Ac.
A Larz, liMxtmcnt
Ox Voir,, 01 lloa. Oi Caalm.
. IMlhT. Ilrab Hook (nmeUjlaz zood).
Uetton'a Differential rallryltlotVr
Carriage Springs, Cart and Carriage Axlei.
rodder Collet.. Com UUIa, Iloml.j llllli.
Oarden ant Casi) Barroieh
STUDEBAKER WAGONS,
With svnulne Concord Axles- Uvn t fffQ lbs
capacity on hand
Aila Urease
LUBRICATING OILS A SPECIALTY.
Albany (ylladct Oil Cufapownd and Caps.
KEROSK1VE OIL.
la quullllca tu talt of la, (amlu ELECTRIC, biaal
ICEROSENE OIL STOVXS
In treat vatlelj -methlit: practical and tatlrtlr f.
English and American Paints and OKs
A Cast-Iron Vacuum Pan ! 1 r'' wi""" " T.ran.e
G feet in diam. by 7 feet deep.
1 Vacuum 1'nmping Engine, ll.inch Cylinder
and 12-lnch stroke.
3 Wrought-Iron Tanks, each 1,000 gallons
capacity.
I Wrought-Iron Chimney, 05 feet high, 37-in
diam., l6-inch thick.
1 Kultitobnlar Boiler, 10 feet long, C feet in
diameter, irith furnace, front doors, etc
complete.
4 30-inch Weston's Fatent self balancing Sus.
pended Sugar-Curing Ccntrifngal Ma
chines, tvttli the requisite independent
Iron Framing, Wrought-Iron Sugar JHxer
of 2,000 gallons capacity, with Stirrer.
Driving (tear &c.
1 High-Pressure Diagonal
Steam Engine !
0-inch Cylinder, 16-inch stroke, with
Governor, Fly-wheel and llcltiug for
driving Centrifugals.
2 AVronght-Iron Evaporators.
4 5-slIs. Steam Clarifiers.
B
ERRY
ROS.
V
ALENTINC'S
ARNISHES,
A FILL LINE
lta.Hr Oardra lln, Esrcka Cutton Hm
IMUtz and inn Latin;.
rasipt aad Hrdraallc IUb.
rrwdrr. shot and Cap..
Sam Lad, BabMlt Srfal, savi Zinc
Eoica Tit riatr, W lr. (.'tola.
!aac ran. and Vrj ran..
C'&arcoal Inm. Woodrn War..
SHELF HARDWARE OF ALL KINDS.
Tsolt and Labor Farta; D,kt
A LARGE VARIETY of SCALES
rutform Stair,, Dormant Sas,
Tntrm scales, brortr.' and Batter tXJ,
ramllT Scale, and nalancea.
House Furnishing Goods.
A Tall Line ol Tinwarm. Aral Iron Warr.
Ice Cream Frerrrr. from SI 01 anvar...
llaiosiotk. and nammca Cbalrt
Lamps, Chandollors & Lanterns
A SPECIALTY
Call and eiimln. tala itockbelore or tflrr prtarla J
Claeiraere.
NO TROUBLE TO SHOW GOODS.
awerei"'" ' pmaatT '
DILLINGHAM A CO,
n FortStreat.
(Steel rt. alls
FOB
PORTABLE OR PERMANENT
Railways !
16 ft, lengths; 14 lbs. to the yard
Tost received per 'Duke of AWrtorn"
from Liverpool.
OT Apply to W L, ORZEK, or
O, W. MACFA1UJI.NE A Co,
SU-tf Arenta for Jno.row.er k. Co
KNOWLE8'
STEAM AND VACUUM PUMPS
r irr, uj.oiu.i nu riv r. .1 Loi
X recelTed per Amy Tamer, from Boatim. a ran aa
aortaest ?I tlteae celebrated rnnrpr, wblca are cvaraa
(Md to h ebatrwr arid befl thin ..v nt... .1.
tafomct vriUia altemUoa of Tilaater. par.
caud sad nwrt terrtcablt tbaa otaar araai.
C. BhrffiB X CO.
FOR S-fAJTyE!
75 HEAD GOOD WELL BROKEN
WORK OXEN !
tfOC SALE tfceap for cask, or easy trrmt stay b
j 4 LARGE DUMP WAGONS,
ion iiACLi.xc txi.se
ONE NEW GOOSENECK NK CART.
ALT. la GOOD G KB Eat.
Apple to tie ader.iea.ed at Heooaaa.tIawaU.or to
ZASSi-
ALL PERSONS SEEKMG EirttTMeilT
Axi .vxTj 1'akttes txthkk r
H at any of tbo Xetaad. ta t&o Crp
In Want of Employees
Win alonea maaa tbelr Tint. 1mm to iao uir
iinei, arbo will da all la tbrlr power to til tbetl orien
.r.prLU5GHAH. j T.STk. A. in to

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