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fLKW"i "r S3 .far v. 1K1
SiJ'JB WOHK J-
Lf a VAZETTIt FXK E
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' rnrtiil itratisnnmts I
cmAND PENINC !
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NewMinery Goods
at
Iff. g SRGMS,
104 Fort St., - - - - Honolulu
On Saturday Next. October 25
1XDI.1 RICE MILLS
I H
Si.--3" - fefe -i" BBUIH
EI; .
lUMiiM . .ft . r
TELEPHONE Ko 211
C'B MADE TO ORDER.
ETl , COSTIUITED FOE.
H p
03 tf
0
V
0
ft
107, 109 & 111 FREMONT STREET
1"
SaajL Francisco.
It JM1 V KH'hMnXAlTKK l.AKOF IMtACTICAl,
u"rj( ' ai fc.i it--1 ' H'Ti i the to WrffCtlon
trf Mrrluuitt h t i't ltd jiwnilr U of ihr I'atMj, whrch
attrtiiae Ua .' t t. - M ft ilHr Jit ctu.tvcf ana ifcproTMrnU the rttprirt
s enabled to Ugelj Retoee ihs Rales for the Hulling Cleaning of Paddy.
.. Tin. mam a iii irna r siiiiria im.uii TeA iiuaasio
A HAtltU IT fl.KM',f AT T1IIS. rilM'IW MII-1,
Tin: fm,4imi.u jiav i;k Mm:i)i
m ViiMla llH4rW V Li i' Kic
prr rent
"r! VAtluc tortc - Ha tt Lit. jh tit i
lib I wf l.itNMri ix Vs'i
Tlh XVrrtlom from " Mil tuf II, to
r. i. .iaiUifivd or in rlrntint Ricr
n il ilh mtrcrso
Ml Mil Ilir ltrllrr it ...- com
tt nd I fluid t teao!
CONSIGNMENTS OF PADDY SOLICITED.
T?m. M. CtEEEjN"WOOD.
CommUtii McrxJiaut and Proprietor of tt
INDIA RICE MILLS, San FrancUco, CL
3"ew Croods by Late Arrivals
FEOM SAN FRANCISCO,
NEW YORK & ENGLAND,
Received by Castle & Cooke
TO ARRIVE BY VESSELS DUE FROM ABOVE PORTS, AND
To bis SotD at LOWEST 16 AT IDS
GOODS - ..
Suitable for PIantations,Gountry Stores
Or 1 IXILUX Orders Filled at Shortest Notice ami with
tj I'urt'hasrrs. is failed to Our
Improved PL O "W
l M 1 .h I UiV 3A Ifc OF n.'LlSUtl i VT bTLL, Dtf Onrot.d
t.H Bi.trT tfai u . l; aktuc ri in tb Market AUo.tUcrniaki of
I l.wH Nu .nt I lu Jotn V.o Ac laac l'iow
I .( Jr.liui UKiit of K: uI Uuurnirr rUotcrs Hor. . 1 Saad 8 Ui
.. J'lU.llcr AiUr o-o. Am wl otfccr hn4J; BaMwia t d CtlfT
t. ItoUiftcfc bcmilit ImIU Ubfc Hoh- s ( i c2 lech; Ui Yoke
i - for tews l'orUblr ocr ABtl,CaBlBirc.
i kata Man Fackinc Bt Ftt ladta Ksbbrr birtn l'scilnc. h t U Iacb,
Lr Leather d ladU RbMct btttn farklai; rosed and ngif, all Ues'
r uwrrinraiii mut Tip d' Sffcchmrfy Wl lard cattoraad cyliDdr. tout Oil,
BISdTOrTS CELEBRATED SAWS AND TILES, ALL SIZES;
- los'Mbtlil Flit:, Marhiiiist. BJacUBitbf A IItMrbr.
W 3Cftlle.aU aura. Uorrc mad Xnlc rtot NaiN Ualv Nail. Cat ptLra Uore 4- Male ko
Litest Improvements in Shelf Hardware
- I L . utl.u . cj UJUo Uol.l.ocl r ki c tut Urt Zit, fcmmll I'lim, in OIL
. MjaWni lmUlt ni araam I'nB(w Kcttoc't I'ltcll
fii . jl i. .; X iFJL"" GOODS
t . TkI e t A li Atnl i) El ind 1 lnti Chcf, Kd.U IHaptr.
t 1iiE Dnii UhiTt Miiniiiir M nn t Lact i I Iu nd rttt rlaciirl
nt at h.l A1ih
1 il IL (iKOl'EKli s, (jioldiMi liaks Siar A. Superfine Flour
-i ih'ir Ui In jt - i Klif u j I iirv I . rtUnd and IIjdratHt (.nant,
For Kerosene Oil "We Otter THE PALACE, and Guarante
it cannot be beat for quality or price; also, THE
v ujl.CAN, a oil and above test:
WOODWARD & BROWN'S CELEBRATED PIANOS
I in ( li!'ajvt Ooott I'iaiio: i' llaicu Ursan Co.'s Parlor Orcans
gJPi
BKasBBTttsBByKagVHgiaaa fctf ees tKaei wij
No. 5 NUUANTJ STREET, HONOLULU,
Agents for tlie 'Superior' Stove
OEALEKh I
STOVES AND RANGES
o, Jtrrrj DrvcriptioD of
VUCHT MCTI! U10C nu uiun
CJ . .. I1ILIHL IIHIIL Ull I1HIIU
r. li
fe "s:
'WATERPIPE& FHTIKGS..ii..
h1c Aft tt Id Xbrte ItUndt for the
Montague Range,
ALL MZES IN STOCK.
CIRCUURS lD FFIKS OK PPUCII0l
it
& Co.,
Have Received a Tull Line of rb.e Favorite
Dilling'nam Breaking Plows
rirji.n
WirJl PL0S,
rn TOB FAUKCKOSS,
LPracncal Watchmaker snd Jeweller,
J T VatoteweV.
ittd ttjtaim; fa a attaal7
. Ikaad Crdnr al
niM.iM.iiAn
RICE PLOWS
3 lo 13 Inth.
i.vpiU .EiJi? b ih Oninl MOUXE PLOW 01tKS of
.' HbEU. the IV Wu.m n Maaafactocj and tb Larswt Met! Plow
rk. m ihc wodd. Hem Agcu for thu Uwabctacr. iffmS Sljkaof
CulUvators, Horse Hoes, & Harrows
ZOld Pattern Molihe Plows,
Plantation Tools, all kinds ;
f Diflerential Palley Blocks,
Buckeye Howcrs, Hydraulic Jacks,
Fodder Cutters, Garden & Canal Barrows,
Lubricating Oils, Turpentine, Kerosene Oils
IUt Oi sA Yerudna, btaariaksr Wsons. Sf es sua Boi w
I Hoate I'smWOss Goodg. Lamps. Oaadelifn, Lmtenn, tc tci
X" " - mitr ii u kni rrlh n id oar lln n tell i LowtrtTrtc,
MIAISCUAII Jt IT r.rt
KNOWLES'
STEAM AND VACUUM TUMPS
lit LiiUUIU2niIA'V UJKST
reearrt it Aa1
Mrtacnt r tfacte rcH
icMtA ivrhMr.fiit.it --. rs "r4;
--. - hu in uii h tier iTie or
I W taiwtsd. We call the itlrntlra of vUatm t
iuan;in ! I rom -nap. WDltH It IfJt CODpIl
uif4 nj more irrriaKe Uua oUtr
1UC9 ja
tienp f
BUIli 1
XBCO
ADOBES A.1D UlSl.inSS CAItl 9
mtuaiinn (Sazcttu.
WEDNESDAY, DECEMBKH 21 tS84
Opinion or tho Jnitlce of tho Snppemo
Court on tho "Act to Rrculate tie Currency.
To the Hobs. A. K. Jckp, B II. Arsn and
L. McCcur, Chiel Justice wl Aiaoeiate
Justices of the Supreme. Court:
On lliir of the Gorentwent I tcspectrulljr
cubmit to you the qaetioo herein followins
ad that yon ill favor mo ti ith jotrr opin.
ion on tho point.
Tbc fourth Section of Chapter VIII of the
Session Laws of ISSt reads as follows:
"Whenever it shall appear, that there is
such an excess of silver coin in circulation ai
disturbs the cquliurium between gold and
coins nndcr the rroviskms of this Act, the
Minister of Finance, in order to restore snch
cquilibrinm, shall replace sufficient silver coin
from any silver coin irhkli may bo in llio
Treasury, cither as (foremment realizalion or
on deposit on account ol any silver ccruncaics,
with old coins of the United States in the
same manner as hereinafter provided in Sec-
tions 5. C and of this Act.
Under Section 5 of the samo Act the Minis
ter of Finance is authorized to substitute cold
com for all silver coin except Ihtnimm silrer
COIK.
Does tbc last sentence in Section 4 wherein
the Minister is directed to carry out the pre
visions in tho same manner as is provided in
Section 5 forbid or permit tho substitution of
imtetl states vltl coin for Hawaiian surer.
I have the lioovr to be
Your obedient servant,
Papl XErsuxx,
Attorney General.
Honolulu, Dec 10th, ISSt.
JCDICI IRV Dl.fAETMEST, (
IIOMILCT.C Dec. 11th, 1S51. 1
To llis Kicelliticy l'liiSinuMi,
t,ncral:
Silt: Tde Jasticra of llie aupienic Court
had the liobor y cstcnla to reeeit o from yon a
communication! wuerein var irpuuon u asked
on a question ansiiHr upon the "Act to resu
late lire Cuncncy," passed by the Legislature
oflSSl.
Assuming that the request emanates from
His Majesty's Cabinet, c 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 you have stated it, "Does
the last sentence in Section 1, therein the
Minister is directed to carry out the provisions
in the samo manner as is provided in Section
a, lorbid or permit the substitution of United
States cold coin for Hawaiian siher."
In order to understand and properly solve
the question presented, tuo nature of the money
in circulation in this kingdom at the time the
Act was passed must be understood.
It consisted if silver coins of Mexico, France,
the United States and of maDy other nations,
as well as of a largo amount or Hawaiian ail
ver coin recently introduced.
Lookin? at the Act as a whole, the design
of the law is apparent. It was to make
United Slates gold the circulating medium of
lots country.
Section 1 prescribes that United Stales gold
coin shall be the standard and legal tender for
tue payment of all debts in tins kingdom.
Section 2 allows the siher coin of the United
States and of tho Hawaiian Kingdom to be
legal tender for any amount not exceeding ten
dollars in any one pa) ment.
Dy Section 3 all oiktr gold and silver coins
are receivable at the Go eminent Treasury in
payment or Uo crnment dues, duties and taxes
at a rate not exceeding their bullion value and
could be disposed of at a discount by persons
holding them and having dues to pay to the
tiO( ernmeut.
The next the Sections of the Act provide for
two methods by w hich tho silver in circulation
was to be reduced in volume and replaced with
I oited states gold.
In the first place, bv force of the first part
of Section 3, immediately on tho approval of
this Act, that is, lrom and alter the lttn day
of July, before the 1st of December, the time
when the Act in other respects went into effect,
tbc Minister of Finance was required to exchange,
during sixty da) s after a notice to this
purport, silver coins of all nationalities except.
ing those of the United States and of Hawaii,
for Hawaiian coin, dollar lor dollar. If the
entire public had availed itself of this provision,
it is apparent that all tho heterogeneous
silver in circulation would have flawed into
the Treasury and no silver coin3 remained in
circulation but those of (he United States and of
Hawaii. This action was required to bo taken
immediately on the passage of tho Act.
The last part of Section 5 requires the Minister
of Finance to arrango for the sale of the
heterogeneous silver thus received and all sil
ver coins then in the Treasury, except Hawaii
an coins, and thodclivcry of their proceeds
into trie treasury gold coins of the I nited
states.
Section G makes further provision to enable
persons whose tenders for the purchase of the
silver coins mentioned in Section 5 w ere ac
cepted, to deposit Government Bonds as secu
rity for the delivery of the gold proceeds of
the sale, section i enacts that tho loss incident
Co the conversion of silver into gold shall
be borne by the Treasury'.
Xow Section 5, although appearing in tho
Act earlier than Sections 5 and 6, would become
operative alter the act of calling in tho
heterogeneous silver had been accomplished
and might naturally bavo comolaterin tho Act
than Sections S and G. But we presume it
was placed thus early in the Act as it has a
permanent force and effect. It reads as fol
lows:
"Whenever it shall appear, that there is
sucu an excess ot silver coins in circulation as
disturbs the equilibrium between o!d and
siher coins under the provisions of this Act,
the Minister of Finance, in order tu restore
snch equilibrium, shall replace sufficient silver
coin from any silver coin which may be in the
ireasury, as uovcrnment realization or on deposit
on account of any silver certificates, with
gold coins ol the United States in the same
manner as hereafter provided in Sections 5, G
and 7 of this Act."
To state it more full) : Whenever (that is,
at any time in the future) it shall appear that
there is such an excess of silver coin in circulation,
(that is, in general circulation in tho
community) as disturbs the equilibrium between
gold and silver coins under the
1AT.S nf 4lit. A fit.-, I. .. 1 .1 '
wue v. (uib Alt, iufc ie, nucutllCI UlCrc IS
more silver in circulation than will suffice for
the payment of debts of ten dollars or less in
amount,) tho Minister of Finance is required
lo replace silver coin in the Treasury sufficient
in amount to restore the equilibrium, (whether
this silver coin lays in the Treasury as tho
general funds of the Government or is there on
deposit to meet silver certificates) with gold
coins of the United States. The Act also says
that the method in effecting this is to be that
prescribed in Sections 5. G and 7 of the Act.
That is to say, the Minister of Finance must
arrange through advertisement for tenders for
the sale of this silver coin in lots of not more
than $50,000 each. It is tu be noticed that
Section! confers a power to replace silver
coins with gold coins, which is to be invoked
at any time in the future, and as often aa the
contingency of arcdundencyof silver in circulation
shall arise.
It is also plain that by tho terms of this Section
the nature or nationalitv of the silver
coin wnicii must be replaced with sold is not
epecineti.
The Section rpcaks of it as "anv nilvcr
com, also as "coin on depof.it on account of
any silver certificates," and Hawaiian silver
coins arc not excepted itaai the operation of
tho authority to convert. In reason there
could be no distinction -made, the evil to be
remcuiea Dcmg an excess of silver coin.
In Order to avoid in tbia Sptinn n rmiitinn
of the manner in which, this replacing of silver
With gold IS to be done, tlie Art iiv linxflr
that the Minister sliall conduct this replacement
"in the same manner as hereinafter provided
in Sections 5, and 7 of this Act." Bat
as we nave above, suggested, this requires
merely that tho matus nrrwuli shall bo the
same as that pursued in replacing the silver
nviuirra 10 oc replaced by Section 5, and docs
not Tcquirc that the subject matter (i. c. the
silver coins) upon which this method of ex
change is lo be pursued shall be identical with
mat mentioned m Section 6.
tic find no contradiction in iIimr 5wiirm
Mid arc of tho opinion that Section i of the
aci permits tnc. Minister of Finance to substi
tute United States cold coin for Hawaiian sil
ver coin, and requires him to do so whenever
uio contingency of an excess of silver shall
arise,
In examining the statute for the purposo of
answering ujb nucsuon suDmiued Drills .Ma
jesty's Government, -we have observed a pos-
siuie auger in me conversion ot Hawaiian
silver into American cold. This coin for con
version into gold is worth only its bullion
value. The intendment is that it shall be
taken to San Francisco and melted. But we
see noUung in the statute to prevent a purchaser
of this coin at say 80 per cent, from
putting it into circulation here if he can obtain
his gold otherwise to pay for it.
kc trust mat our sense of this danger will
be considered a justification for going beyond
the subject matter of the letter and offering a
suggestion. It seems to us that the Minister
of Finance should make the sales of coin seder
conditions which will effectually prevent such
treatment of the coin sold.
We hare the honor to be
Your obedient servants,
(Signed,) A. Ynxxas Jcro,
Lawsescx McCullt,
JJesjamu; H. Acstix,
Justices of the Supreme Court.
Snprema Court of the Hawaiian Islands-.
in xuuica. uctoner .reran lost.
JOUX K. SlLVA ET ALS VS. ASTO-IIO J LorEI
ET ALS.
JiW C. J, itrCmtly em? AutlM J. J. IImm
A bill in equity is brought to set aside a sale
mado by the chief defendant as mortgage,
under a power of sale.
The argument before us was based on four
objections to tho validity of the sale, as fellows:
" .Firsr. That as Lopez made no entry upon
or demand for the possession of tho mortgaged
premises and chattels, ho neglected tho performance
of a condition precedent."
"Second. That the advertisement of sale, by
Lop:z, did not comply with the terms of tie
power."
"Tiinl. That the manner of conducting tho
sale, especially as regards the livo stock, was
grossly unfair to tho mortgagors, aud a breach
of tho implied condition that the sale should
be conducted to the highest advantage of the
mortgagors."
"fourth. That defendant Brown, having
been attorney for the mortgagoc, violated his
duties as trustee for the mortgagors, by becoming
a purchaser at the sale, of divers lots
of the mortgaged property."
Tho power of sale is in these terms: "Thcu
the said party of tho third part (Lopez) his
executors, administrators or assigns, aro hereby
authorized and empowered to enter into
and tako possession of the property and chattels
hereinbefore mentioned, and sell the same
at public auction, 'first giving three weeks
notice in the English and Hawaiian languages,
in two newspapers published and printed in
Honolulu, of the time and place of such kite."
Default was mado in the payment nftho
first installment of semi-annual interest due,
and the defetidafl proceeded to foreclose lite
mortgage by public sale- Tho property consisted
of sundry parcels of ical estate, ami
chattels described as follows: "All that 0 ck
or herd of cattle and their increase tuuuing
at largo iu Mauoa valley or elsewhere on tlie
Island of OjIiii and being in number one
hundred head moroor less and branded I'xC,
threo bullock carts, eight yokes ami tlurtoen
chains jUu fifty head of horses, uuris.ir.d
colts more or less and their increase and
running at large in said Manea or clsowhcro
and branded 1' x C, also tiro horses in said
Manoa and branded Ct, and also forty head
of cattle with their iucrcaso branded Et, and
running at large in said Manoa or elsewhere
on the bland of Oahu."
Mr Justice Austin by whom tho caso was
heard in chambers, whence tho appeal is to
this Court, sustained tho bill on llio tocoud
and third points of controversy aboo stated,
not sustaining it upon the first aud fourth.
The first objection to the validity of the sale
is that there was no entry upon or demand for
the possession of the mortgaged premises and
chattels.
To effect a valid sale under power, all tho
directions of the power must bo complied with,
says Wells J, in Cranston vs.'Crano 97 Mass.
463, and this is unquestioned.' Tho counsel
for tho defendants cue this caso as over ruling
Hearty vs. Mitchell 7 Gray 213. Wo do not
think it does upon tho point at issue. Tho
power contained in the brst cited case authorized
entry and sale, on tho premises after
notice given of the time and place, aud tho
Court held that entry at tho timo of salo was
sufficient. In Eoarty vs. Mitchell tho languago
of the power was that may enter and tako
possession of said premises and may sell and
dispose of the same after notice, and'tho Court
say "that it appears upon the agreed facts
that no possession was taken of nor entry
made upon the premises nor was any demand
for entry or possession made. We think such
entry or possession or what perhaps w ould bo
equivalent, a demand for possession and refusal
were conditions precedent without which
no valid sale could be made under the pou cr
of sale in tho deed." The language of Iho
power in the case at bar corresponds with tbc
abovo in requiring entry a
not that tho. sale be hell
Both cited cases require cr.
gestion in the latter that t
might be equivalent. -
The proceedings upon
property without suit ai
Chapter XXXIU of tho act
provides that when a pow
taincd in a mortgage, upen
dition, the mortgagee may
intention to foreclose by pul
weeks before advertising th
petty for sale, "and also
and do all such acts as are
quired by the power contaii
age." He is, thirdly, to
gistrar of Conveyances, v
after said copy of tho notic
fidavit that ho has in all
with tho requisitions of the
relation to all things to be d
selling the property." Th
of the power of salo in thi
and possession. Tho par
this a condition precedent
without regard to any stati
it; eo, if it had been made a
sale should be on the mo
the statnto not it requiring
other place would not bo vali
sidered that the statute requ
weeks publication of inlet
abrogates the condition precc
have made it, that there i
entry and possession taken,
vides that besides such nc
the mortgages shall also giv
do all such acts as aro auiho
by the power.
The evidence in ibis cat
fendant mortgagee only d
duo and threatened to forecli
to foreclose can only be cons
take all tbc steps required
Iosurc, among which was n
demand for debt duo cannot
entry or taking possession,
we hold that the salo of the
invalid upon the first groi
How far this is applicable t
chattels will be considered i
third objection.
Iu regard to the second ol
sale made on the twentieth t ,
publication of the notice w:
ance with tho condition in
first giving three weeks notic
place of sale, we hold that no
was requisite. -.
which seem to support the de
arc applicable to cases where
notice ie required to be a ct
times in a weekly newspaper,
wise when a publication is re
tain period of time, as in this
weeks notice," not after th
weekly publications. For tht
and citation of authorities on 1
to the opinion of 31 r. Justice I
The learned Justico also i
on the third objection to the a
made in a fair and advanli
This objection applies only to
chattels.
It will not be controverted
quires the mortgagee in the
power to use discretion in an
reasonable manner, not to opp
or to sacrifice his estate I
Section G02.
"Womnst apply this princip
and circumstances of every cat
This sale was held at an auc
city of Honolulu. So far as
we have no reason,
the salo in town was a disadi
mortgagors- It is in accordant
torn of long standing. It wouli
ent and a disadvantage in mai
condnct the sale of real estate d
especially if there were sundrt
distance from town and fro!
Important sales and auction la
in Honolulu of estates situated!
the Kingdom. And if the pre;
long enough thcro arc many g
support this practice. Honolub,
quarters of capital and business
try of deeds, the Land office an(
General's office are here. Sot
conveniently inspected and ia
taincd at the auction rooms or
fices during all the interval bettt
ment and sale. We do not disi
place of sale of the real estate j
case. j
The cattle, horses, carts, etc
described in the mortgage quo(
homestead of the premises beid
miles from town. They were!
100 head of cattle, more or less,
and running at Manoa &c Itt
Mr. Castle, "There was no I
knowing what the stock was 1
presented. They were sold in Ij
perhaps (some) in lots of twenty
some controversy. I consider)
sacrifice. The wholo properl,
S20.000." The plaintiff Sylra
30 good milch cows $15 is the I
for a good milch cow none of u
was present at the sale no m
taken by defendant Lopez to drit
sale I proposed to drive them tot
said "o.' The cows sold for ty
calves no description of the boi
the sale two lots were sold of tea
logsIOO and SI10 severally." I
We might cite other evidence)
vincing that there was a hex
Was it necessary? We think not
It is said for defendant that this
not have been driven to the ol
That ia true. Police regulations
permit ib but they might and &
been collected on the mortgagor!
Intending bidders would not havi .
Tented from attending by the dial
true, as counsel says, there might v
reater crowd attesdjs; at tbe salt
lion Toum, but perhaps no greater number of
bidders, and they it is who make a salo. The
sale ot the cattle etc. could woll have been on
a different day, to permit a full attendance
both at the real estate salo and the chattel
sale. Tho property should have been on view.
Roper on Judicial Sales Section 1283, and the
citation from Herod vs. Bartley 15 111. SS,
Chief Justico Treat saying "In tho sale of
personal property on execution the property
itself must be present. Bidders should have
an opportunity of inspecting the goods and
forming an estimate of their value. This is
the only way to secure fairness and competition
at public sales. It is necessary to protect
tho rights of both debtor aud creditor. Il
should also bo in the power of the officer to
deliver tbe property forthwith to the purchaser."
Freeman on Executions, Section 2S0.
Tbe raortgageo not only sold the chattels in
lots, not on view nor yet divided in in lots, but
without so much or an incentive to competition
as would bo given by a first, second or
third choice of lots ot classes or sorts, 0. g.
tho first choice of ten milch cows although
there is authority, Waring vs. Looniis 1 Barb.
4Sland good reason to hold that a salo of a
selection of say 13 sheep out of 21 or 22
is oid.
The rule of using every effort to sell to the
liest advantage will bo applied with a consideration
of the circumstances or the country.
It might be allowed here to sell the remnant
of a "brand," that is all cattle or horses bearing
the brand which could not with roasonable
expense be found and captured, running semi-wild
in tbe mountains.
Iu the case before us it was reasonable to
requiro that tho chattels should bo gathered
on ictv at the mortgagees premises and sold
with dhision aud identification.
As such a taking possession was rcquisito
Lc .i proper salo we need not consider whether
in a mortgage of chattels it is nccossary on
b'cach Itt tako ossession, or whether tho possession
reverts to tho mortgagee by force of
law. The third objection is sustainod.
Having fuuud the salo invalid both as tu the
real estato and tho chattels it will not be
necessary to discuss tho fourth point.
As bearing npon all these points is the cir
cumstance that llio plaintiff Sylva gave hia
ci'iitcutto tho salo as it was made. But in tho
patient vase it is not necessary lo consider
now 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 tho solo plaintiff. Tho other mortgagors
ga o no consent. They had an interest in tho
advantageous salo of Sylva's estato and chattels,
that they should rcalizo enough to satisfy
tho debt and interest without necessity of selling
tho separate property of the
Tho decree of tho Court in Chambers is af
firmed.
C. W. Ashfurd, for plaintiffs; V. M. Hatch,
for defendants.
Honolulu, December 10th, 1631.
4
iDfiuriil Sttiucriiscmciits.
1WER & CO.
HAVE
JUST RECEIVED !
vo: .vjnmiCAX
Bark Ceylon
TI1U I'OI.I.OH'IMl .
MERCHANDISE :
Wliicli -will be Sold at
LOW RATJSSJ
Origin of Christmas.
fn,AimM Innks ont at us from tho dim
shadow or tho groves of tho Drmds who knew
not Christ, and it is dear to those who now
rcnounco tho namo of Christian. Tho Christmas
los, which licrrick czhorts Ins mcrne,
bovs to bring with a noise to the firing, is but
tho Saxon uuming on iuu a.uSnu
hearth, and tbe blazing bolidav temples of
Saturn shine again in the illuminated Christian
churches. It is tho jiagau mistletoo under
which the Christian youth kisses the Christian
maid. It is tho holly of tho oldlvonian
Saturnalia which decorates Bracebridpo Hall
on Chritsmas ove. The huge smoking baron
.ri r i nAn.;nn. .,r.nn nt nip. nro but tho
survivials of tho tremendous eating and drink
ing of tho Scandinavian i atuaua.
Tho Christian and ante-Christian feeling
blend in the happy season, and thee Christian
observance minglo at every point with tho
pagan rite. It is not easy to say whero the
paganism ends and the Christianity begins.
Tho carols and tho wassail, the pray ers and
tho games, tbe generous nosuiwuyt "---y
Horse and tho Lord of Misrule, Maid Marian
and Santa Clans, are a curious medley of tho
old and tho new. As the religious thought of
all ages and countries, when it reaches a certain
elevation, flows into an expression which
makes the Scriptures of the most divergent
nations harmonious, tho history of this happy
r..T i: :.tnnnn n( fbi rnmmon humanity
of tho earlier and later races; and the stranger
in Braccbridge Hall, musing uy ine gioiua
hearth on Christmas-eve, as he
tho romping revelry beneath tho glistening
berries and listens to the waits carolling outside
in tho moonlight, or as he is wakened on
Christmas morning by the hushed patter of
- fM, ; ttin nassaire. and tuo Buy
music ol children's voices at his door, may
well seem to hear a more celestial strain,( and
to catch a deeper mcaningin the words
Abraham was, I am.'
Our modem Christmas is made up of a
Btrango medley of Christian and Pagan rites.
After the conversion of TlnUiin to Christianity,
the teachers could not entirely frco the
' . t !.: Riincrstitions
converts iruiu ui". w... - ------
, i -.i an nnnftwl tho rites ot
anu ouscrvauccs, . " .-- -----
tho Christian religion upon the old heathen
ceremonies. No 'leslivat oitno jca. o.,u..
more plainly such an intermingling than
Christmas. These festivities.wero originally
derived from tho Koman Saturnalia, an occasion
that was marked with rejoicing, and
whero tho slaves, allowed to bo freo for
.. .. :i.J nAn ltf llimr Tnostcrs.
tuo lime, wcro wauou "i'" "j - yv
Afterwards camo the ceremonies observed by
tho British Druids, and, still later, incorporated
with tho grim mythology of tho ancient
"o camo the miBtletoc, regarded with tho
., . i: :n4t,n rplininnof thoDruids.
who went forth with pomp and rejoicing to
gather tho mystic bougn. o" '"
log from our Scandinvian ancestors, who
drew it in triumph from its resting placo in
tho woods, sure that its flamo would burn out
old wrongs and from its ashes would anso
better promises for tho future. So, too, the
brimming wassail bowl, in whoso liquid depths
old feuds and enmities werosaid tobo
buried forever. An ancient ucuci i "" """
in somo parts of England, that at midnight .on
.Christmas Evo tho cattle in tbo stalls fall
down on their knees in adoration of the infant
Saviour who was laid in a manger, that
bees sing in their hives, and bread then baked
never becomes mouldy that all .nature unites
in celebrating tho birth of Christ.
In tho Koman Church, masses wcro held at
midnight, at daybreak, and at a later hour. A
superstition prevailed that at this timotho
powers of darness could exert no evil influence.
The crowing of the cock through the
darkness put them all to flight. This idea is
expressed by Shakespeare.
It faded on the crowing of the cock.
Some say that irrer'eainst that 6eason comes,
Wherein our Saviour's birth is celebrated,
of singeth all nianf long,
The bird dawning
. , ..
.i .Mt o,n nlr Ahmad:
Anu loco U.CT nJt w By... --.- -- 7-
Anonicnisan,wuoie3uo, ." , -. ,
No fairy takes, nor witch hath power to charm;
So hallowed and so gracious is the time.
An ancient custom is tho singing of carols.
In the early ages of the Church they wcro sung
bv the bishops on Christmas Bay, but later by
tbo children going about on Christmas morning.
Jeremy Taylor, referring to the song of
the angels, thus gives the authority for this
. 11 1 ..... .. il.... MmimI choristers
Custom .A3 own W .mvw ...--.. --
bad sung their Christmas carols, and tang&t
,t m Z.1. . 1 .. . nn intn T nfTlCS for-
ever, they returned into heaven." And surely
if the angels' song got lost sonewhere, why
should not children find tho echoes and still
sing tbe refrain?
When Christ was bornof Mary free,
InIJethlebcm,itttbatfaircitJe,
Angels sang there with mirth and cloe,
In eiceWJ gloria.
Our own Cbristraut tree and Santa Clin
have been handed down from tho middlp ages.
in . .. .. fm n,mMiT. whera
IOCT WUlO WW M" . ,1 ; -"
mas has always been especially a joyful season
for the children. Here the tree was resplendent
with light, and gifts we re brouRht by
apcrsonigebearingthenamo Bsh Sickle
a corruption of Christ Kinilcin, or the infant
child. Later on, a sterner spirit brought only
rods of correction for thenanghty ones, but,
finally, the two were united in the generous
heart, beam tag face and kindly sonl of one
own St. Nicholas. .
Tie are the heirs of both pagan and Christ
lnicral Stitotrustmrnt
"Pioneer" Line
FROM LIVERPOOL.
ff-
Arrival of the Iron Ships
"Ophelia," "Bordeaux,"
and " Clan Grant."
Theo.H.Davies&Co
Have Received by these Vessels
ana. other Late Amval3,
tho Following :
An Asst. of Dry Goods
CONSISTING IN l'AUl OF
Long Cloths and other brands of
White Cotton, Unbleached Cottons.
Prints, new itt leg, last colors :
llteached anl llniwn CuttoiK, 8 to 10 quarter :
Drown Linen Drills, "A hlto Linen Dncfc,
Crown Canviis. 111k A CId French Merinos, all
Grades; Water-proof llloe and
Mixed Flaimel
A LAItGE ASST. Or DKUbS t.tJODH. MLV?.
Saliuc. Silk Kibbuut, rivet,
Union and Cotton I.istnuV. I.iiioii iu.1
Handkerchiefs, White and Colored airt.
Merino Undershirts and Draurrs.
Ladies Underwear, Linen and Cottiu row its
All qualities and styles : Victoria La .is.
hlto Moleskin, Check Mob-skin.
ImiL Lnco Edsmgs and Insertions,
llrooks' 300 yds. Spool Cotton, CoaUs' WO vd.
Spool Cotton, Ticking, lituo Dvninu,
Mosquito Netting, W inch ;
Rubber Coats & Leggings
Horso
Bed Blankets,
All Sues, Weights, and Colors ;
Velvet & Tapestry,
Rugs and Mats,
A FEW OF THE NEW STYLE
CENTEE RUGS
- NAVY ANU
Merchant Canvas !
Filter Press Bags 22 x 36
We make this one of our Specialtiei and
have a Fall stock of
Sugar, Rice & Coal Bags
Which we are selling at Bottom
8tteS Ily B3?Krxi&
ENGLISH. HAWAIIAN. AND
AMS?nirlM CM fljC
lWU..MSrv.WJ
ItlS
ian past, and a little way from tho '
city all discoruani souuus u.u ";i
. . ... ; r .1.. t,rt tnlniltf
thcro rises on 1110 evening ait umj ." -v
of the bells, so over tho busy scenes of tho
present, and tho lading iraumous 01 mu w..
floats sweet and clear the angel's song shines
with steady radianco tho star that aroso in tbo
cast, a star whoso ugui sntiifcuun ..."(,.
Uoslon lTanscripi.
The AaE3 or Momahcus. Tho Emperor 1
William is tho oldest momrcli in Europe.
Queen Victoria is sixty-five. King Christi in
of Denmark is and his wife, the!
Queen, is a year older. Tho Emperor of
Austria is fifty-four, and his wife is forty-six,
i,;i T.nnnold of Delenum, forty-nine
years old, has a wife aged fifty. Ono of tho I
youngest monarcus reigning is 'ub .v..-
of Spain, who lias seen j
and next to him coiuo King Georgo of Orcece
and Alexander of ltnssia, each of whom ism
tho neighborhood of thirty-nine. Tho Sultan
of Turkey is forty-two; King Oscar of Sweden,
f. e. t .;s r Huni-
A.uua w. ..."&--, -"--. -- ' .
bcrtof Italy, forty; ami rresiueuv ui.j
1?p.n.n mr..ntVnm AI1B miM Ul IU ..-.-
r. ', :. .1.... ..- vnnn.pr tbnnbcr
.inn ruin i:, ulil. i itm jwmw. ---
band tho wife of tho German five and tbo
Queen of Italy seven.
(Rciural tjucrtiscmciits
Special Hotiee
The rndcnliriied, Propnclor of tin
IEIO:Nr
STEAM CRNDY FACTORY
aa.cl
1)0, ire! to Inform hl vatronn and lb. tiniiliesi nr
A NEW PACT0EY & BAKERY
which In f nil
On a ranch nior,. liniiy
oneratlon, and which will b" In complete woilunjs
alachinery end foul'
a .1 i T---in-.1 in TraunTacturO
Choicest Pure Candies
And will alirais bve on bml his
MADE
Vanilla Chocolate Creams,
Cocoanut Candles,
Rich Nilgai, in bars;
Sugar Roasted Almonds
CREAM CANDIES, great variety;
Soft Marsh-Mallows,
Cum Drops, and
Cum Fruit'Bon Sons
nnte coniccuuna. - - v---- r
RICH" WEDDING CAKE OF THE FINEST FUVOR
In all tto alwsjrs on band, and ornamented
la tne most i. iv .j
MINCE PIES always fresh
AS ALSO
Home - Made Mince Meat
?or Sle at M LenU per Tonnd.
Wit rctcirc per Coasnelo tbe bnUnce of mjr new
michlnef of tbVncwejt dalgn. fox mnnfctrrai; all
deeenpuons oi piais
- .. . - . Ittk. nl iii!rnh!f
Than tin- tne paouc ior p"""" -.- .
and tollciUnjr ctmtlnoaDce of tncaamc.
rncllcal Confectioner i. Ptry
CB- TUE OLD STASH. 71 HOTEL ST
TELEMOyE Xo. li- P- O, DOS SO 75
GEO. LUCAS,
CONTRACTOR & BUILDER
atinntsctnrn all kinds of
rjintildlnss. Brackets.
TfJIw
Honolulu bteam Planing Mills,
Esplanade, Uonolulu, II. I.
wrc b..t
Window Frames,
Blinds, Sashes, Doors
And all Idodj of Woodwork Flnith.
Turning, Scroll and Band Sawing I
A Lai-
Morttcins and TenanUng.
ORDEItS PROMPTLY ATTENDED TO
And Work Unnrnntertl.
tor Orden front the other Iilacdi lolleited.
nonoIn;B,lar3,ll. "r'1 'a
C. C. STRATERflEYER,
. nucncAL
SIGN WRITER & GLASS EMBOSSER
ft or Sf 0 9 ST.
ciitrctl SUmtthfltmnite
Ttxm
DB. LUffiKT
Ir4vato mionjmryi
CO Gturr Bnxxr. &ut nLurcxsctx Or-."'
mtCVTtttt Old MMflalUta In tlM FoftfrT Ktatr T
FaWwtkoa twrfcet mrdicHi util 1
wiyt ttmt wmmuiajcixt rowof 1
- m ttut Kiti1m1
t:, : "sm UlffrthOls r IA Jlisw uml
S " .- "M MatauTfarou ltK UMpnamiiaUT cured iaX
! lm NCD U IT1 1 C lpotMT $m!aii Lasm. Smat Decit
I WMk tjM. Stilted OrnUomhU InpwdAMts ta Karrbrt, etL 1
At lad OM men. and n wha nif.
Bnl consult tbeoM Knropemn Ftknirfcui E
b atone.
I cmn bm wnim ai by wpw fry f
(J?cntrat lovcrtistintnt:
TO THE LADIES !
to
1 BAH
Hi HI oirfn "1- uili llllrt '
, n .miointnl so" E At.ENTS fur
H.I. w. 11 knnvra Srm mil lillnf mnch
plooarrlii Intnitis In.rtlnn or nor
law ilvatll A oiiiiuiir 1'
JAPANESE GOODS
Ju.t lDprt d. I omjirislos the
Embroidered Silk Screens
U th mo UiauUfnJtoloij and of Atmihlff
IK'Snij anu rinicu
Bedspreads & Table Covers
BmtookkieJ '" sllk b JI'n
A Lanre Vailclj of
Vases! Vases!
Of the Finciitroreelatn. renaikabli fnrnniont
nt in color and shape ALSO
Porcelain Figures, Japanese Tea Sets,.
Sets, Butter Dishes,
Ash Receivers, Silk Lanterns
Silk Embroidered Kimonos
Easels, Carved Wooden Cabinets.
amo
CA BDHTSS ASO BCTIJtrjW CAHD8
A. ljr done attheOaxece Olllcc.
Hand .Screens, Trays,
Wall Pockets, Parasols, Fans,
Paper Mats, Photographs,
OF JAPANESE SCENERY, Colored & Plain.
A LMIOE SSLEITION Of
Japanese Bronze Jewelry
COSSISTISU or
Sleeve Buttons, Chains, Scarl Pins, Etc.
rat- t.soA vuietr of Oood iniUble for ltonM
Decoration.
G. W. Macfarlane & Co.
(1W7 If,
i
iL
Plumjbikg,
Gas Fitting,
Tinsmith & Roofer,
STOVES,
uitMrarariiaqcuiM I
I
1 1 t tfutt m. Bbrmlcisui who Htm his wboto attraUon uikl
I clman ot (Hac n aCttUna kill, and I
lthrrantrrktMwtiictals,7rTQrntI rrcnmmviKl tfUBptUtaweato 1
I Um O ldfat JfttswplAllsilbv whom rrrr krtttwn rrma
smCv ta muL - ir - ;.. .. l. i
1M utrwri JKv smu Mm m wwtwwmv Bwsiq mssi
Munsn 01 Bsravisan i
I I
i ana wreaiT nnopiubi. warn dt uuti ta j
grow w war
W twttuilY tmlnL. Ttttft tiMtatii I
uui or wra. iimm imai I
iVJhi . wo rrrninfTj ranaiji, I in is mi j, nktai
n'T'i''"'uwBraiiiiiii'waii jihiitm j
MKWT1!
DR. UEEIC'S WOTEBfTH CEfiM DTiTCOMTOH
t rr rmaowiUy rBtuttontl 1m from Uwrt tfta J
-Wat's am nrrvr wtrrattuim ut uuxrir rnm. trra j
wait, am wnoto an us j
lsan(araiuiiuiiKiiunar
t soy mmmm tm nsm j wsi y i
I HtrkJLtKTHkJtJ.
i rsvsrj ruiuuiK.i J
sx f ii i tmfm av
m mmmmnt iwij rxru rj i
lwtanf,l dM i6r ini 1
It syliillM. ll'W I HW(l' M nWi IffceHfc Mt
1fct ISM tlf MU Irmmm tu tlf. T ! T -
m rvrntitt tmnstM, A lMtl
. USStlUMM W "My SWtV(t bill
ri4ruoUMt. ! XrtOwi IV,
OSS cdt to:
1'05T
I ."ill si
RANGES,
Lamps, Chandeliers,
AXD
Gonoral
HOUSE FURNISHING
CaVMl'JJKIjIa'S NKW 11X.OCK,
FOItT STREET. Oppo,li IVIMer Co
p. O Box.Ml.
;. n.
litPOSTEB.
AUD DEAIXS IX
FURMTuRE OF EVERT DESCRIPTIOI,
furniture "So. (4 Port 8L Woik Sbos at
tt old itui rs Hotel Strtet.
Orden front tilt other IiUn&a ptonftljritlcnJea W.
1WJI
BACCO
W. Dukes & Son,
FOR PIPES AND CIGARETTES
T IN THE MARKET
HYMAW BROS.,
Sole Aerents.
Central uBtifwtiittttts.
jliji&oo.,
Stationers and News Duuiers,
ltiinnl.nn lHIoru. as
Ha Jut Betslwil Harlpoa.
AIIV'I " v'
AUSOLl'S Wrillnir . mi.,
MetvaNHtt.
STATIO jST EH Y,
AHUNU WUHII HW liB KOt M
Letmr Fspcr
Ivose Fatrw
i.
Lisal Ca,
Bill (-!
hj th.- nm, lilodwitor by Ut"
Block Af, Jkc, Ac
11I.V.MC HOOKS
?nll Bonnil
lMisrAMISi
Hilt Bimli.l
Voamt tn
Lar.il BankrrB' Small,
in f let q hv latkvUnd.
UVVIVF. LKTTER SCAL,
CABTEB s
In n
L'ABTIBs WK1TIM. LCID
umbinrd tupuni: . Writiu.
i. plnl 11 11
In qnutJ, pint. H plats anil corn.
Violet Ink, ijtt, pu. H .'' c
liblc Ink. J-.
In qurti. .... pmfc A
SXAnroRir.4 in qnsrti sad -ta..
ItfTDllan Vnrfhnitl
Ink
........ ..it.. I. ... m. IC .nal rnaci.
t Ol'l 1
ferfect nellr' Uoi'ii
lOill toll brnmd nd halt bonnd.
10x14 fall bonnd kail bonnd
Xsna's Copying tapir
VKXS .t. liol.nr.ll.s s In rmi Tsri.itn;
ratMt'iPraclIm Dixon's PmcaU
IlltlUI.ttl IMl'IHlt plain slid
Ma
UiUXDauortod;
.!! tilt
tonalaa.
ils Detail Pipe
VUXttSO CABD8: round conn plain
:.NUtI3I IlOO lis, hwirte;
IfcaiJt BOOKS, MWV.M.. wii 11 -4 1 3wiK
Skipping Tag, ronri.i iw
Invitation Paper & Envelopes to mate.
Ball Propamine lnrd Pencil, snd Tanrli.
KKSU tABDS,
LETIEH PHESSE3, IAEGE & SMALL ;
Bnkbcr Band., all 'Ue,
HIM: KAI.I.M, Bats,
Ut!lDN anilSCOKUISOOHr),
ltaiTEh
Aad rnnnj other articles Uk nnmnnms to aiantioD 9
tcoat r4 foe nj Fotnijn
Paper or MMpuin paMUkwL at ar tixM. Abe, to
all the LoraiTPiMiew and 8kicii, Btook
rUn, Paally Ubnrr, tc lwir. on nd,d f
sunken sT,t for to order.
SPBCIAL Order. Becelve.1 for BOOKS. TV.
ALSO
UED 11UJH5EU STAJU' aVUBNCT !
ad A.enU for Ike SnciclopaAia
X3T All I.lnnd orders Hied ProapUr f
J. M. OAT, Jr. & COn
Mtetf w
NEW and STYLISH
Slilliiiery CJooili?
Ladies' Underwear and
Ghildens' Clothing
ExStmr. VU.neds and I'll - I an. -
NIrs.W. H. WILKINSCf
Il
OP FORT STREET.
DBtoialoaitlMLuMBoolaJa aad 1
IiSaj. tlul aluWMWemncwtlM LAW.,
MuFlL39aTlooTtaBtof ike Lnte.t 1
Ksn mi
IaiBMtnt ItaU aad BoaaeU. taltat l-i-- tt
, .,....,, WaMu. i
iuV
Uillinery, ,
Flowers,
Feathers,
Eonnetj,
To be team la lata
Hats, I St.
eltr and well adapted lo lh caaM
adara. Tteee Oo4. wen Selected wlta tare. aa
1 Mllfit lulu of Ike Udlea ot UothiIhii f -'
w.u
U
Conarlaed la at. Wllklaaoa a stock nu, b.. Iu (
LADIES' U.tDEllWCAn.
larxxtH A3D C5nr.nuE.ts
CLOTHING of all JJcscr:pti.l
Ladies' UuidBan,
Packet Book., beat Leather .
Ladle. GoM Btaeelela
Harrlo."
&CM
ibaIar
.-,--,---, ... 45?.
Alarm aMeruMU .kbi j. syan;" " ,
Cheap. ttA t fljoK tuny et mt pooim 100 on
o.. tinoito. tietJilii'rt!"ii r 11
ta cwtvmiij in.iiw.
It. DAVIS, whom eieell"U 1- r. ,
wttlknowntoUal diee. UUcon' a! .
the TrlanatBK Depaitiaeat. nhl h 1 - .1
.,:,
mA bmmc (AakliHiabk Sayfa. '
Call and See? the Novel
rW
.4
