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104: Fort St., - - - - Honolulu
On Saturday Next, October 25
LL VHL ISA ITEI.ns SSfeP". Q'l 21
IXDIA MCE MILLS
107, 109 & 111 PREMCWT STREET
.H India iurj;3iii,i.s, AiTr.itir
- i i ibfir ajsU (mutu EiiiariMtl Jttoni 1m;rvcmrai arc now the nrarcct to perfection
-mi ' r j i-'Tt" inii i ttrkiut Man a nnnTAiirti i nr yieia ni iucpc
1- iiti tif Km fitm iwt VhfrU rwdinr loqnillljof llic Paddj, which
i f&tirUinn iliat vf an mlti r Milir !;, tlH lite clmivw andlnipromacnts iho Proprietor
Is enabled to largely Reduce ilis Rales for the Hulling & Cleaning of Paddy.
?io "xxu: jiiam a in .mai;i or miiitim; imiui tosw ritAni'isio
ni iiamxj it 'i.km;f ai nmsi: rxnacirun him.
tiii. roi,Lnu.N(i jiav isi: vinni:
Ni!rrittt jtj H trl th WI 1 IJIK ,
id Sating lu lttr trld V liatiTil '
i K per c"ll
41 h lrhnm Htirt l.ininw in t;u'in i!
j til I iillwnnitj nittl Jriilliici ' I rkpi
CONSIGNMENTS OF PADDY SOLICITED.
"Win. M. GEEEJNWOOD,
lew ftoods by Late Arrivals
FROM SAN FRANCISCO,
NEW YORK & ENGLAND,
Received by Oastle & Cooke
ALSO, TO ARRIVE BY VESSELS DUE FROM ABOVE PORTS, AND
To bis Sojlu aw JL&WJEST 1CJLTDS
Suitable for PIantations,Country Stores
OrlVXILlIX Orders Filli-il at Shortt'st Notice ami ith
to rurtliasors. Attention is Called to Our
Improved Paris J?L O "W
. "N I.I.MIU IAKI" I'LOV MMiEol" VULlMlbD LAbT bTEhL. and Guarantrul
1 - it not Ktltir than ant M..i l.xMii(: l' In Hit 11 ark u tuaLte ot
1'lowpfiu Hau4iif Muluit I'lmin Joan Dun A Co Ac (Iiq;; rior,
II - J'Uuf I Ji-JL ic Kiif iiiudc ir tn.nl pUi! to uur order . I'lanttra' J1ihi,U, 1, imd 3 Sjlli
tt A- aud ltd. 1'icfc, llw Ada. Ac and other handle; llaldnlu CiiUcTf
. . i Utunz StoUiatch. bwrt (jnmlttj , lbriu Itablirr lltwc, S, 5 1, Hi. IH andS Inch; Ox lokt?"
I. k.lf, ffurfaorM and tnuW rartf, l'nrtable Forje. EacW. AnlU,CaualIiairoup,
1 't.,tl. ami AnrtwWwn larklnr licrt Flt India Knbbcr blcam racking, h t U Inch
M iai, Larv Lestlicr and Ijiclnp, India Kobbtr Mam racking, round and MinaT
m M uvrnnrmid Mmu 1'ijH du.Xiuhincr; oilf lard caelor and cjlitidrr. iat Oil,
PI&STOrrS CELEBRATED SAWS AND FILES, ALL SIZES;
at JwM'adMttbbVFilrfi,(atamnrfprianHnU MachiulstiuDlackMnHlie Jl JlorfCehoin.
n tmj Hrmffht Xallall ur. Hum and Mnk bh. Naildalv Ncili, Uut hidkra lioret Jlalc bho
Latest Improvements in Shelf Hardware
". ' '.' L.Ll,l,,r,JjW"jfrli: "I1'1'"1'' ' ,''' "I HI I"U. Zmt. Sm.ll I'.ini. in Oil,
Manafartiiriiu: (( Misin'rad Irric.tlni: and .cauiu l'omK.. u c,Uir.", I'.lrnl VruttitnEiU
W m 1 .in fminc W in O.lt.ttlriil JUhiAii.
&5 V Jt i- '. X
lirkir A h mid li nial.vl and ! nb( hi lied Cotton. KuvMa
. am' l.li Iinll Liim n MuHmj.' MtiMjuito Ijc Ml Mu mid brjLrlrl 1 lanncl
A tim tit wf Wtill r lam U Aitu,
vlWrLE (illOCEKiLS, Golden (Jaic, Star & Siipcrfino Flour
' i 1. r 1 Uaii' Uj t allTu'iiia I.inu I'tirtlaitd and IljOraulfc Conctit,
For Kerosene Gil We Otter THE iPAIiACE, and Guarante
it cannot be beat for quality or price; also, THE
VUXCAN, a good oil and above test:
WOODWARD & BROWN'S CELEBRATED PIANOS
1 lit1 ( liraiiot tJoort l'iaiio: Ni- Jlsncu Orcan Co.'s l'arlor Uririuis
No. 5 NUITAinj STREET, HONOLULU,
Agents for tiie 'Supei'ior' Stove
TELEPHONE No 211
Have Received a Full Line of the Favorite
Dillmghani Breaking Plows
11.1 It). I! AM
JOHNMnaStK thu OnsmM MDLI.NE PLOW UOKKS ol
JOHWiOIltt. the Pwnctr ta M..vr
Jl.mnfactotjr and tho Largest l'low
W U in tht wurtU. o ARcau for tb Slauuf.&ory.
Cultivators, Horse Hoes, & Harrows,
SOId Pattern Holinc Plows,
Plantation Tools, all kinds ;
I IDiflerential Pulley Blocks,
Buckeye Mowers, Hydraulic Jacks,
Fodder Cutters, Garden & Canal Barrows,
Imbricating Oil?, Turpentine, Kerosene Oils
1'uoU, faint Oil mdVeraisbw.etnaclialw Sales ana Bore
t'tn Kitinccishcrs, IIodec rnrnWdn Goods, Lamps, Oiandeliere, Loaterns, it, &cl
OT " t ki4f conumlr .rrirlur aim m Vrrji Tiijitiinj in our llnf and .til at Lowwt Tj.cr -
' IK niMJ.NUlIAM A. fo 'StrMl.
. Fmctica! Watchmaker and Jeweller,
j,KUt:U. ilowiloln oppoit.
1 T WaleriiotMV.
S u j iind. Bnialml in a
c&rr Jd CfXMmabk I'rirt Order, at-
VJZ rroanussp and ml nnrb dont br i.F i;.
ritSt4jfac ion fiK
I WOKK KXECTTKD IX I
Hf.'r c. i OAZETTEOFriCE
r.ili I vtrrialnMlll) InMmll.
from Milpfturll." to
ufitti complained of Id rlratifMl Ilicc
fiim (1 with eocarcarso
IMi Mli Iho Itciirr Itnir it dwaj
cct Inland I leaned iiarticularly in
Goncrnl Commihilou .Merchant and Proprietor of the
INDIA RICE MILLS, San FrancUco. CoL
STOVES AND RANGES
i o, KTrry Description of
SHEET METALWARE ON HAND
OR MADE TO OltUElL
WATER PIPE &rirTINGS,.M..,
olc Asi t In thftc I(lioIt foi tkc
ALL M2EB IN MOCK.
CIRCULARS JKD FRICES 0M APPLICATION
3 la 13 Inch.
STEAM AND VACUUM TUMPS
fill; CXDERSIGNED IIA-V E JUST
.iL i?lSkCi JP.z.JSrxL "v . iii
lced to bcieanCTand letter ihaa aaj m oeTftSTcS
uicdaodmoreferTicaWethanothCTpnrap . """1
la3'p c nnsvi co.
Aiuincis asd ursisists caki s seat. I
Ijdont at the Gazette Office. I
Opinion of the Justice of the Supreme
Court on the "Act to Rtenlate !
To tbe Hons. A. F. Jcc, . II. Arsnx and
L. McCcllt, Cliicl Justice and AtBociMc
Justices of llie Supremo Conrli
On bcljalf of the Govcrniocnl I respectfully
cubmit to i oil the qucMion herein following
and beg lliat you will favor me with jour opinion
on tlic point.
Tho fourth Section of Chapter VIII of llic
Session Laws of 1851 reads as follows:
"Whenever it shall appear, that there is
Eucli an excess of silver coins in circulation as
disturbs the cqulibrium between gold and silver
coins nndcr the provisions of this Act, the
Minister of Finance, in order to restore sneb.
equilibrium, shall replace sufficient silver coin
from any siher coin which may bo in tho
Treasury, cither as Government realization or
on deposit on account of any silver certificates,
with gold coins of tho United States in the
same manner as hereinafter provided in Sections
5, 0 and 7 of this Act."
Under Section 5 of the samo Act the Minister
of Finance is authorized to substitute gold
coin for all pilvcr coin excrnl Haaniian niter
Docs the last sentence in Section 1 wherein
the Minister is directed to carry out tho previsions
in the same manner as is provided in
Section 5 forbid or permit tho substitution of
United States guld coin for Hawaiian silver.
I havo the bonur to be
Your obedicDt servant,
Honolulu, Dec. 10th, 1SS1.
JUDICIAIIY Dr.rAUTMEKT, 1
Honolulu Dec. 11th, 1S91. J
To His L'liclhucy
Sin: The Justin's nf the ijiipnnic Court
had the honor y lu reecho from you a
communication wherein our opinion 13 asked
on a question arising upon tho "Act to
the Cuncncy," passed by the Legislature
Assuming that the request emanates from
His Majesty's Cabinet, wc proceed to answer
the question stated, w hich is, in short, whether
the fourth Section of the Act is in conflict with
Section five, or as y ou havo stated it, "Does
the last sentence in Section I, wherein th:
Minister is directed to carry out the provisions
in the samo manner as is provided in Section
S, forbid or permit tho substitution of United
States gold coin for Hawaiian silver."
In order to understand and properly soho
the question presented, tho nature of the money
in circulation in this kingdom at the time the
Act was passed must bo understood.
It consisted tf silver coius of Mexico, France,
the United States and of many other nations,
as w ell as of a largo amount of Hawaiian silver
coin recently introduced.
Looking at the Act as a whole, the design
of tho law is apparent. It was to make
United States gold tho circulating medium of
Section 1 prescribes that United Stales gold
coin shall be the standard and legal tender for
the payment of all debts in this kingdom.
Section 2 allows the silver coin of tho United
Slates and of the Hawaiian Kingdom to be
legal tender for any amount not exceeding ten
dollars in any one payment.
lly Section 3 nil oUttr gold and silver coins
are rcccivablo at tho Go eminent Treasury in
pa) ment of Government dues, duties and taxes
at a rale not exceeding their bullion value and
could bo disposed of at a discount by persons
holding them and haung dues to pay to tho
Tho next five Sections of the Act provide for
two methods by which the silver in circulation
was to be reduced in volume and replaced with
United States gold.
In tho first place, by force of the first part
of Section 5, immediately on tho approval of
this Act, that is, from and after tho 17th day
of July, before tho 1st of December, the time
when tho Act in other respects went into effect,
the Minister of Finance was required to exchange,
during sixty day s after a notice to this
purport, silver coins of all nationalities excepting
those of this United States and of Hawaii,
for Hawaiian coin, dollar lor dollar. If tho
entire public had availed itself of this provision,
it is apparent that all tho heterogeneous
silver in circu'ation would havo flowed into
the Treasury and no silver coins remained in
circulation but those of tho United States and of
Hawaii. This action was required to bo taken
immediately on tho passage of tho Act.
Tho last part of Section S requires tho Minister
of Finance to arrango for tho salo of tho
heterogeneous silver thus received and all silver
coins then in tho Treasury, except Hawaiian
coins, and Iho. delivery of their proceeds
inlo tho Treasury gold coins of tho United
Section 0 makes further provision to cnablo
persons whoso tenders for the purchase, of tho
silver coins mentioned in Section 5 were accepted,
to deposit Government Bonds as security
for the delivery of tho gold proceeds of
tho sale. Section 7 enacts (hat tho loss incident
to tho conversion of silver into gold shall
bo borno by tho Treasury.
Now Section J, although appearing in tho
Act earlier than Sections 5 and 0, would become
opcrativo alter tho act of calling in tho
heterogeneous silver had been accomplished
and might naturally havo como later in tho Act
than Sections 5 and G. But wc presume it
was placed thus early in tho Act as it has a
permanent forco and effect. It reads as follows:
"Whenever it Bhall appear, that thcro is
such an excess of silver coins in circulation an
disturbs tho equilibrium between gold and
Biivcr coiub under llio provisions of tins Act,
tho Minister of Finance, in order tu restore
feuch equilibrium, shall replace sufficient silver
coin from any silver coin which may bo in the
Treasury, as Government realization or on do-posit
on account of any silver certificates, with
gold coins of the United Slates iu tho samo
manner as hereafter provided in Sections 5, C
and 7 of this Act."
To state it moro fullv: Whenever (that is.
at any time in tho future) it shall appear that
thcro is such an excess of silver coin in circulation,
(that is, in ccncral circulation in tho
community) as disturbs tho equilibrium be
tween goiu ana silver coins under tho
ions of this Act, (that is, w hencver there is
moro silver m circulation than will suffice for
tho payment of debts of ten dollars or less in
amount,) tho Minister of Tinancc is required
to replace silver coin in llio Treasury sufficient
in amount to restore the equilibrium, (whether
mis saver coin lays in the Treasury as tho
general funds of tbe Government or is there on
deposit to meet silver certificates.) Willi gold
coins of the United States. Tho Act also says
that the method in effecting this is to bo that
prescribed in Sections 5, 6 and 7 of the Act.
That is to say, tho Minister of Finance must
arrango through advertisement for tenders for
the sale of this silver coin in lots of not moro
than $50,000 each. It is lu be noticed that
Section 1 confers a power to replace silver
coinp with gold coins, which is to bo invoked
at any time in the future, and as often as the
contingency of arcdundency of silver in circulation
It is also plain that by tho terms of this Section
tho nature or nationality of tho silver
coin which must be replaced with gold is not
Tho Section speaks of it as "any silver
coin," aUt as "coin on dcpoF.it on account of
any silver certificates," and Hawaiian silver
coins arc not excepted from tho operation of
iuo authority 10 convert. In reason there
could bo no distinction made, the evil to bo
remedied being an excess of silver coin.
In order to avoid in this Section a repetition
or tho manner in which this replacing of silver
with gold is to bo done, the Act says briefly,
that tho Jlinister sliall conduct this replacement
"in tho same manner as hereinafter provided
in Sections 5, U and 7 of this Act." But
as we bavo above, suggested, this requires
merely that tho nulis operandi shall bo the
same as that pursued in replacing tho silver
required tolc replaced by Section 5, and docs
not require that tho subject matter (i. c. the
6ilvcr coins) npo;i which this method of exchange
is to bo pavsucd shall bo identical with
that mentioned in Section 6.
"Wo find no contradiction in theso Sections
and are of tho tininion that Section 4 nf ilm
Act permits the. Minister of Finance to
tuto United btatee gold coin for Hawaiian silver
coin, and requires him to do so whenever
tho contingency of an excess of silver shall
In cxamiuing tho statute for the purposo of
answering tbo question submitted by His Majesty's
Government, wo have observed a
danger in tho conversion of Hawaiian
silver into American gold. This coin for con
version into gold is worth only its bullion
value. Tho intendment is that it shall be
taken to San Francisco and melted. But we
see nothing in tho statute to prevent a purchaser
of this coin at say 80 per cent., from
putting it inlo circulation hero if he can obtain
his gold otherwise to pay for it-
Wo trust that our senso of this danger will
be considered a justification for going beyond
the subject mailer of the letter and offering a
suggestion. It seems to us that tho Minuter
of Financo should mako tho sales of coin nmW
conditions which will effectually prevent such
treatment or the coin sold.
We have tho honor to bo
Your obedient servants.
(Signed,) A. Fbanxis Jcdd,
Benjamin H. Austin,
Justices of tbe Supreme Court
JkiIiI C. J., XeCiilly ax Aiulm J. J. Ihmiim of
tht Court lg XeCMg J.
A bill in equity is brought to sctasido a sale
mado by the chief defendant as mortgagee,
nndcr a power or sale.
The argument before us was based on four
objections to tbo validity or the sale, as follows:
" First. That as Lopez mado no entry upon
or demand for the possession nf tho mortgaged
premises and chattels, ho neglected tho performance
of a condition precedent."
"Second. That tho advertisement of sale, by
.Lopez, did not comply with the terms of tbe
"Third. That tho manner of conducting the
sale, especially as regards tho live slock, was
grossly unfair to tho mortgagors, and a breach
of tho implied condition that tho sale should
be conducted to tho highest advantage of the
"tourtli. That defendant Brown, having
been attorney for llio mortgagoe, violated his
duties as trustee for tbe mortgagors, by becoming
a purchaser at tho sale, of divers lots
of tho mortgaged properly."
Tbo power of sale is in these terms: "Thou
tbo said party of tho third part (Lopez) his
executors, administrators or assigns, aro hereby
authorized and empowered to enter into
and tako possession of tho property and chattels
hercinbeforo mentioned, and sell tho same
at public auction, 'first giving three weeks
notice in tho English and Hawaiian languages,
in (wo newspapers published and printed in
Honolulu, of the lime and place of such sale."
Default .was mado in tbe paymcut nf the
first installment of semi-annual interest due,
and tho defendant proceeded to foreclose tho
mortgage by public salo Tho properly consisted
of sundry parcels of real cstale, and
chattels described as follows: "All thai fljck
or herd of cattle and their increase running
at largo iu Mjikm valley or elsewhere oil tho
Island o.f U.ihu and being iu number one
hundred head more or less and branded 1'xC,
thrco bullock carls, eight yokes and thirteen
chains alo fifty head of horses, marts and
colts more or less and their increase and
running at largo in said Manoa orclsovvhcro
and branded 1' x C, also, five- horses in said
Manoa and branded Ct, and also forty head
of cattle with their iucrcasc branded Et, and
running at largo in said Manoa or clscvvhcro
on tbe Island of Oahu."
Mr Justice Austin by whom tho case was
heard in chambers, whence tho appeal is to
this Court, sustained tho bill on Iho second
and third points of controversy above stated,
not sustaining it upon tho first aud fourth.
The first objection to tbe validity of the salo
is that tbero was no entry upon or demand for
tho possession of the mortgaged premises and
To effect a valid sale under power, all tbe
directions of tbo power must bo complied with,
says Wells J, in Cranston vs.'Crano 07 Mass.
463, and this is unquestioned. Tho counsel
for tbo defendants cilo this caso as over ruling
Koarty vs. Mitchell 7 Gray 213. Wo do not
think it docs upon tho point at issue. Tho
power contained in the first cited caso authorized
entry and sale, on tbo premises after
notice given of Ibo timo and place, aud llio
Court held that entry at the timo of salo was
sufficient. In Koarty vs. Mitchell tho language
of the power was that may enter and tako
possession of said promises and may sell and
dispose of tho same after notice, and tho Court
say "that it appears upon tho agreed facts
that no possession was taken of nor entry
mado upon ibo premises nor was any demand
for entry or possession made. We thiuk such
entry or possession or what perhaps would bo
equivalent, a demand for possession aud refusal
were conditions precedent without which
no valid salo could bo mado under tho power
of sale in tho deed." Tho language of tho
power in the caso at bar corresponds with tbe
above in requiring entry and possession, but
not that the salo bo held on the premises.
Both cited cases require entry, with tho suggestion
in the latter that demand and refusal
might be equivalent.
The proceedings upon salo of mortgaged
property without suit arc established by
CbapterXXXIII of tho acts of 1871. The act
provides that when a power of salo is contained
in a mortgage, npcn breach of tho condition,
tho mortgagee may give notice of bis
intention to foreclose by publication for thrco
weeks before advertising tho mortgaged property
for sale, "and also givo such notices
and do all such acts as are authorized or required
by tbo power contained in tbo mortgage."
Hois, thirdly, to file with tho
of Conveyances, within thirty days
after said copy ot tho notice of salo an "affidavit
that ho has in all respects complied
with tho requisitions of tho power of sale in
relation to all thinss to be dono by him before
selling tho property." Tho first requisition
of tho power of sale iu this caso was entry
and possession. Tho parties having made
this a condition precedent aro bound by it
without regard to any statute not requiring
it; so, if it had been made a condition that the
salo should bo on tho mortgaged premises,
tho statuto not it requiring, this salo at any
other place would not bo valid. It cannot bo considered
that the statuto requirement that thrco
weeks publication of intention to forccloso
abrogates the condition precedent, if tbo parties
havo mado it, that there shall bo previous
entry and possession taken. Tho statuto provides
that besides such notice of intention,
tbo mortgages shall also givo such notices and
do all such acts as are authorized or required
by tho power.
Tho evidenco in Ibis caso is that tho defendant
mortgagee only demanded interest
duo aud threatened to foreclose. The threat
to foreclose can only bo considered a threat to
tako all tho steps required for legal foreclosure,
among which was making entry. His
demand for debt duo cannot bo considered an
entry or taking possession. Upon this iovr
we hold that the salo of tbo real estate was
invalid upon tho first ground of objection.
How far this is applicable to tho salo of tbo
chattels will be considered iu discussing the
In regard to tho second objection, that tho
salo mado on the twcnticlh day after tho first
publication of the notice was not in compliance
with tho condition in tho mortgage of
first giving thrco weeks notico of tho timo and
placo of sale, wo hold that not less than
days was requisite. Tho authorities
which seem to support tho defendants position
arc applicablo to cases where insertion of tho
notico ie required to bo a certain number of
times in a weekly newspaper. They
when a publication is required for a certain
pcriodof time, as in this caso "after thrco
weeks notice," not after thrco consecutivo
weekly publications. F'or tho full discussion
and citation of authorities on bis head wo refer
to tho opinion of Mr. Justice Austin.
Tbo learned Justice also sustains tho bill
on tho third objection to tho sale, aB not being
snado in a fair and advantageous mauncr.
This objection applies only to tho salo of tho
It will not be controverted that tho jaw requires
tbe mortgagco in tbo exercise of his
power to use discretion in an intelligent and
reasonable manner, sot to oppress tbo debtor
or to sacrifice his estalo. Ferry on Trusts
Womust apply Ibis principlo to the fads
and circumstances of every case.
This salo was held at an auction room in tho
city of Honolulu. So far as the real cstato is
couccrned we have uo reason to believe that
the salo in town was a disadvantage to Ibo
mortgagors- It is in accordance with a custom
of long Btanding. It would be inconvenient
and a disadvantage in many instances to
conduct tbo sale of real cstato en the premises,
especially if Ihcro were sundry lots at some
distance from town and from each other.
Important sales and auction leases aro made
in Honolulu of estates situated in all parts of
the Kingdom. And if tho previous notice is
long enough thcro are many good reasons to
support this practice. Honolulu is tho hctd -quarters
of capital and business. The Registry
of deeds, tho Land office and tho Surveyor
General's office are here. Surveys may be
conveniently inspected and information, obtained
at tbe auction rooms or attorneys offices
during all tho interval between advertisement
and sale. Wo do not disapprove of iho
place of sale of the real cstato In the present
Tbo cattle, horses, carts, etc. remained as
described in tho mortgage quoted above, the
homestead of the premises being within three
miles from town. They were advertised as
100 head of cattle, more or less, branded PxC
and running at Manoa &c It is testified by-Mr.
Castle. "There was no possibility of
knowing what tbe stock was no stock wj
presented. They were sold in lots of ten and
perhaps (some) in lots of twenty. There was
some controversy. I consider there was a
sacrifice. Tbe wholo property was worth
S20.000." The plaintiff Sylva says"! bad
30 good milch cows $15 is the lowest price
for a good milch cow none of the live-stock
was present at the sale no measures were
taken br defendant Lonez to drive them lo tlm
sale I proposed to drive them to a pen Lopez
said 'Xo.' The cows sold for ?20 with their
calves no description of the horses given at
tho sale two lots were sold often each, bringing
$100 and $110 severally."
We might c'ite other evidence. It is convincing
that there was a, heavy sacrifice.
Was it necessary? We think not."
It is said for defendant that tbe cattle could
not havo been driven to tbe anction room.
That is true. Police refutations would not
permit it; but tbey might and should havo
been collected on tho mortgagors, premises.
Intending bidders would not have been
ventcd from attending by tbe distance. It is
true, as counsel says, there might have been a
reater crowd attending at the sale in the ane! I
tion .Toum, but perhaps no greater number of
bidders, and they it is who make a sale. Tho
salo of tbe cattle etc. could woll have been on
a different day, to permit a full attendance
both at the real estate sale i.nd the chattel
sale. Tho property should hare been on vlow.
Roper en Judicial Sales Section 1283, and tbe
citation from Herod vs. Bartley 15 III. 58,
Chief Justice Treat saying "In tbo sale of
personal property on execution the property
itself must be present. Bidders should have
an opportunity of inspecting tho goods and
forming an estimate of their 'raluc. This is
tho only way to secure fairness and competition
at public sales. It is neccasarj to protect
tbo rights of both debtor and creditor. It
should also bo in the power oT lbs officer to
deliver tho property forthwith to the purchaser."
Freeman on Executions, Section 290.
The mortgagco not only sold the chattels in
lots, not on view nor yet divided into lots, but
without so much of an inccntivo to competition
as would bo given by a first, second or
third choice of lots of classes or sorts, 0. g.
the first cboico of ten milch cons although
thcro is authority, Waring vs. Loomis 4 Barb.
481 and good reason to bold that a salo of a
selection of say 13 sheep out of 21 or 22 present
The rule of using every effort to sell to tbe
best advantage will bo applied with a consi
deration ot the circumstances or tho country,
It might be allowed here to sell the remnant
of a "brand," that is all cattlo or horses bearing
tho brand which could not with reasonable
expense bo found and captured, running
in the mountains.
Iu tbo caso before us it was reasonablo to
require that tho chattels should be gathered
ou view at the mortgagees premises and sold
with division and identification.
As such a taking possession was requisite
fur a proper salo wc need not consider whether
in a mortgage of chattels it is nccossarr on
breach to tako possession, or whether the possession
reverts to tho mortgagee by force of
law, llic third objection is sustained.
Having found the salo invalid both as tu tho
real cstato and tho chattels it will not bo
necessary to discuss tho fourth point.
As bearing upon all these points is the cir
cumstance that tho plaintill sylva gavo Ins
consent to tho Bale as it was made. But in the
priscnt case it is not necessary to consider
how far this cured objections aud bars him
from now claiming that the salo should be set
aside, for ho was not tho solo, mortgagor and
is not the solo plaintiff. Tho other mortgagors
gave uo consent. They had an intorcst in tho
advantageous salo of Sylva's cstato and chat
tels, that they should rcalizo enough to satisfy
tho debt and interest without necessity of sell-in"
the Bcparato property of the co-mortgagors.
The decree of tbo Court in Chambers is af
0. W. Asbford, for plaintiffs; P. M. Hatch,
Honolulu, December 10th, 1881.
G. BJffiWER & CO.
JUST RECEIVED !
l'El: A3ii:iiican .
"Wliiclx -will be Sold at
LOW RATES !
(6 5ieetFic Oil"
I.10S W.VTEK WHITE: PATENT Nozzle Cane.
LARD, in 5 & 10 lb. PAILS
IN iiiiki:i.s AXI CASKS
Tar and Pitch,
111 Casks for Family Use.
.vvui:ri:r sizes ;
Fairbanks Platform Scales
ASH ttiUlS, 1G, 17, 18 It
A CJhoice Selection of
Now Styles of Carriages,
liJxpvo'is.s Wagons !
EASTERN MADE OXCARTS
0. BBEWER & COMPANY
133 Fort Street
Cold Drinks foryoung & old
Superior Ginger Beer, : 10c. per bottle
Donnolly's Root Beer, : 10c. per bottle
Donnolly's Spruce Beer, : 10c. per bottle
Tin .C Bens arc ihc most plcaunt anil hcalthleit
hctmgL Unova. Thcj cleanse and purify the blood,
which renders them not only an excellent drink bat
good for invalids, and will more readily qaench thirst
Candies ! Candies t
Home made Creams ami Cirtmpli all varlnltoa
frcth dally. Finest selection of Imported Candies.
Chase Celebrated Boston Loxengca.ffinegt aromatic
incniarxcL t ia and
Smoke! Smoke! Smoke!
Iy Manilas are the brrt In town, come and Jnilrc for
Tcarscir. .lainican, iiaranaana uinzieT celebrated
a1iri m Ik.j fl..t... ..xl
MnoMne. Tobacco, cat foil and pine All vallf tlei, of
.- iucun uic uiduui
10OS tfo Robert Donnolly.
Visiting San Francisco
CAN FIND TIIE -
Hawaiian Papers on File
AT TIIE OFFICE OF TIIE
S. F. Merchant.
CSraicr. Tin- InL. Directories and Information on
C. R. BTJCKLAMD,
Editor & Proprietor
:ra "S. T. Merchant."
J. Rf. OAT, JR., & Co.'s.
: o :
Arrival of the Iron Ships
and " Clan Grant."
Have Received by these Vessels
And other Late Arrivals,
the Following :
An Asst. of Dry Goods
CONSISTING IN P.VKT OF
Horroclcts Lone Cloths nnj other brands of
Whita Cottony Unbleached Cottons,
Prints, now styles, f xit colors ;
Bleached and llrown Cottons, 8 to 10 quarter ;
Drown Iiincn Drills, Whito Linen Duck,
Crown Cnnvas. Jllk & CId French Merinos, all
Grades; Water-proof Bins and
A LAltOE ASST. or DltUSS f.OOUS. SIIA.
Satini. KiIU Ilibbuus, Velvet,
Union and Cutton I.mon uid I'citun
Handkerchiefs, White and Colored Kairts,
Merino Undershirts and Drawers,
Ladies Underwear, Linen and Cotton Towels,
All qualities nnd stiles : Victnm Law.is.
Whito Moleskin, Check Moleskin,
Imit. Lnco Edgings and Insertions,
Brooks' LTO yds. Spool Cotton, Coatcs' 100 yds.
Spool Cotton, Tickinc;, Blno Denims,
Mosquito Netting, 90 inch :
Rubber Coats & Leggings
All Sizes, WeiRhts, Qualities and Colors ;
Velvet & Tapestry,
Rugs and Mats,
A FEW Or TIIE NEW STYLE
GEN THE HUG'S
Merchant Canvas !
Filter Press Bags 22 x 36
Wo mako this ono of our SpccialtiiM nnd
have a Full Stock of
Sugar, Rice & Coal Bags
Which wo aro uelliur at Bottom Trices.
3 cfc SilyE3?"vcrl3a.e
ENGLISH, HAWAIIAN, AND
3, 5, and 7 yard ;
Eitra Ilcivy, Assorted Widths ;
Ladies' & Gent's Saddles
A completo lino which wo are selling
Cheaper than Ever.
Tea Kettles & Sauce Pans
Assorted Sizes ; do Try Pans,
Butcher Knives, Knives & Forks.
Tin Plate, Sheet Lead,
Galvanized Water Pipe, I to i in.
WHITE LEAD, various qualities;
BOILED OIL, TURPENTINE
21 Gauge, C, 7,8 and 0 ft. Lengths; Galv.
Screws and Washers, Galv. llidging,
Yellow Sheathing Metal, and Nails
Annealed Fcnco AViro, Fenco Staples,
Wiro Plant Guards nnd Arches,
With Fish Plates, Bolts and Spikes,
Firo Clay, Firo Bricks,
Both Square and arch ;
Lump Rock Salt,
: to 12 inch ridth3;
AN ASSORTMENT OF
Worcestershire Sauce, Fruits, J.ims.Cream Tartar,
Snda, Spices, Etc., Etc, Etc.
15?" We have also just received an asst. of. jri
Bleached & Brown Cottons
27 to DO inches vtido ;
Fancy Prints, Blue Denims,
Canton Flannels, Men's, Women's and
Childrcus' Boots and Shoes, sizes ami
Styles adapted to this market.
A LAHOE FKES1I ASSORTMENT OF
Crockery and Glassware, Oos, Picks, ShovtI,
Plantation and Mechanics' Tools
KOBEY i. CO t
1 H-P and (HI1
ONE SPLENDID PIANO,
BV JiniSfcMEAD A boss
Gorsago's Soap, two qualities, in Loies of 21 Kirs
and GO Bars:
Best Welsh Steam Coal
COKE, FLOORING TILES,
ions tc.. Ac Ac.
inura i no.,
No. I 13 & I 15 FORT STREET
DEPOT FOI! BOERKkE A. S(. 111,1 hlTS
I3 ES EL 3? XT H 33 S
BENSON. SMITH & CO.
House and Lot
OS JCDD STKEET, UOXOLLLL.
opposite Mr. lUrtwell e old gate
There Is no better TlefrartHiiiiI ItooolBln. whfc rvni
ibid tree and manUDlicrus for one tarn- all rear
ronna. and no fear of malarml fcrer there
Apply to 31. B. SI LYE I IU.
Taaoa, or at
1039 tf Mr. Terry't etore, Nmuau m
Fowler's Patent Tramway,
IS pound lUlli. II pvaod IUili,
WithPatent Steel Sleepers
M Oiuxr Brsxrr, SAs
f CtnatBcted bj OaaSAcd PhyJdana sad SorgtoB
StfeiTTh9 Old MBMl&llsla
iw wwh urzuiacKi
r aiJl Pi-irate. Chranla aUHl Met i turn
F thm nio. Mkln. JCidBcrra.XKlaMid!1. erasUnnii
t Hirers Old nrM. AwnlllirariaA !!. hmv
i Mantta. Thremfc Hani Palna.
I vttffl4 (mn tlM mtJin far 11a.
i w.T. Fvm. Staarfld Oavctraaitta
I frao axcanes or voitafal foliwtt Of aav
rYnn(ir MlrfrflamMdand1 Old
rsl aktti and
atonce. IltaoT?tiikwiatillliliir,DdinayBBTtirBtnr mtterjand
him. TVf,n InMnvetMmt tartui thelT tor
tfif.viifjn Bnhnlrtxii who rtT hts whnto atimtlofi laa
ca mcn. ifm uoevara W man
QTunaHi iw mwTHW iwpwi mm '
PIT t iitht inrTTiii h n rtn TTTrr imi m
ana acrvaij' eannaeauai. cane
UumrKreuei erwjwnBepcuuiyaiea. jemamtnwurisao i
uimuu auw iMvifr wuaKrrainiorieii9ivvviar I
case onotnaxen. not nna cauorwru. iionrs umuy.inmi j
VJ.M.ID1 nenj i
DR. UEEIC'S MOTEHflJl CEHHJW HYlCCHATOi.
tunes taw nvrrm HTOuiria miv
. wjwve. inTvonces u wnoio bttcixi
iKrWMVMIfMIMJNIMitMM' IWMW.aMy j
t JlfrwW. , frt t m mmitmntm
-'. - - --.--- -.. ,m ,
I iifi,iv4KWlWMttiiiaiIMvn J
pU WTfttl CtttrtB bm tW ytftV TrMTITMMl"
rwra f Ik ImMitM. A ! !-
Crw CMtaltatMM & mm! nt. Cfl nJJrf
rrtrsu IitnM 4mu tfrt. few UadU vy jo4 frf
oss cut to:
W. Dukes & Son,
FOR PIPES AND CIGARETTES
T IN THE
At the Old Stand, No. 8 Kaahumanu Street,
, SOPPER & SHEET IRON WOBK
PLUMBING, in all its branches;
Artesian Well Pipe, all sizes;
Uncle Sam, Medallion, Itichinoiid, Tip Tup, 1'aLico, Flora, May, Contest, Grand l'tim.
New lEivnl, Optr, Derby, Wren, Doll y, Gypsy, Queen, 1'ansay, Army llnwn,ltiifpCliarter,Ilucl,
Superior, Magnet, Osceola, Almedd bclipse. Charter. Oak, Nimble, Inwoodaml Lnnndry Slovak,
Galvanized Iron and Copper Boilers lor llangCs, Granite Iron Ware. Niekel I'latetl and l'lam ;
Galvanized Iron Water Pipe, all sizes,! and laid on at
Lowest Rates; Oast Iron and Lead Soil Pipe,
House Furnishing Goods, ail kinds;
ItUllDEK HOSE ALL SIZES AND GltADES;
Lift and 1'orco I'umps, Cistern Tumps. Galvanized Iron. Sheet Copper, Shout Lead,
Load 1'ipe, 'lin Mate, Water Closets, Marble blabs and Bowls, Enameled Wink Stands,
Chandeliers, Lamps, Lanterns
E.RTOSJHS2 TRUSSES 2 VjkijsjbS!
OLLISTER & CO.
A large Invoice of the Celebrated
Dli'oot aj'x'oxxL tlao Factory.
Wo llavo Especial FACILITIES for Adjusting TROSSES.
EEollister & Co.,
Cor. Fort and Merchant Sts., & 59 Niiuanu St.
Perfumery ! Perfumery !
Perfumery ! Perfumery !
eOjLISTER &, CO.,
Have Just Received the I argest
LOT OF PERFUMERY
EVEK 1311'OHTED INTO TJUS KC.U10JI f0311MtISIXU
Over Fifty Different Odors of the Celebrated
Odor-Cases, Fancy Boxes, Bottles, &c.
la lh TTtoftnf RtIr 1
' . i
Dvnm mmiDa uu
Dtwmr s. Adavtlnmnf 1
tmnaaeiitlv rami ! 1
Wokaua. Failiar KamotVl lATn:
ImoadiAtati la Man-bra. eti. I
Cim. IwdUr. taltlT sad 1
BWrLant! mil w!hi TiMwl micfk. 1
thm el areiean VhTKlcfcm
tTnrKavwn btw" mn
f i--n im i
wojen nara uuea in t
uiuacirs rr uu j
oa restores u i
tman rsunjiJUUUiA.g I
, - ,
? Xm tlro D ,5ll' aJlttf 51ft
m Fort ,tr n.,,a. n. ,. v.HUc.o,.acOT.!SuB,;n 2
gg Vmltttr.t . .