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title: 'The Hawaiian gazette. (Honolulu [Oahu, Hawaii]) 1865-1918, January 14, 1885, Supplement, Image 6',
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J W. 1HEGIXY.
L"T fc -s I i -- i .
w J. f& CO.;
AMI PEAI.EKti IN
& Cnewing Tobacco
lirfPjflalilj IU.uia, rctiiijlr.i"ti$a,l'oiiiiccticutt Manila, Siim;ilr:i. ami
Ilntrlt LcafToliacco Tor Sale.
Cigairsimade to order from any Desired Leaf Tobacco.
(ir)frpi tmtlf rtU'ri li.4 Milirltcd ind will prompt a ( ntlon "Bi
I.. aft..,-., . H .rtI HIrL " "O 1 -1(1 Mprt at liotFl MfMT, .ll ulll II I tfo
i!Yer! Silver! Silver!
'AT SILVER GIFT SALE!
Saturday, November 29, 1884,
$5,000 WORTH OF SILVER PRESENTS
Will be GIVEN AWAY during this Sale !
Butter Knives, Butter Dishes, Castors,
Etc., to Every Customer Purchasing 82.50 "Worth of Goods.
TOTS, TOYS, TOT'S,
And Xinas Presents will be given away during this Sale to
' ' Customers buying $1 worth or more.
Don't Buy Toys for Christmas, but call at
CI-IAB. J. FISHEL'S
Comer Fort and Hotel Streets.
104. Fort St., - - - - Honolulu
On Saturday Next, October 25
E9aALL ARE 13JV1TED.ELSI
IMB1A RICE MILLS
fl THaTTi 1
107,109 & 111 PREKtOWT STREET
riii iNDivKiij MiM..
. ,.,. 3SiTj!. IT. ' 'i'li r J"iwocinaiti are now the perfection
l m eAnn Tl T i fi ' "' '' '' film, of WorklheytandonrWallcd Thr ylcl.f at these
b enabled to Largely REtluce Hie Rates for the Hulling & Cleaning of Paddy.
SIIM.TIi:.aiM AIM 1Tlil. ll MtltTIMl IMIIIIJ lll. II1AMIMO
AMI lllIMJ IT CI AT Till. St I'll t.M IK l JO U.I.N.
mi. rni.i.otu.Mi jiti i:i: iirii.ru
IM. lnwriorllj iniml n ih in ""ranclcu
'"'I Sntlncln llir J Irl.l ol Mrrrhanuble I:lc
Srt ftntlns In I!nlrf..t ltnllln; and Cleaning:
llli I rfslinr. mitt l.irniic in OjialitYttf
Silt 1 titrwnitlfj mill tleiinllfifof l'acl.age
lillt l.lnliillt liitlcrill.
Till l.nllrr 1 reolom from Mill, smell." fu
often complained of In rlrnnril Rice
Klimrtlullh snsar cargo
AMI Ilrllrr llnt t il clnays com
mamla over InUnil Cloantl partlciilarlrin
CONSIGNMENTS OF PADDY SOLICITED.
General Commission Merchant and Proprietor or tho
" ' INDIA RICE MILLS. Snn Frnnclaco. Oil.
Jfew Goods by Late Arrivals
FROM SAN FRANCISCO,
NEW YORK & ENGLAND,
Received by Castle fe Cooke
ALSO. TO ARRIVE BV VESSELS DUE FROM ABOVE PORTS. AND
To is u Soiii at lil&VHEST Jfi ATI3S
Suitable for PIantations,Country Stores
Or FAMILIES. Urilcr Filled at Shortest Notice and with Sativ
laction to Turcliascrs. Attention is Called to Our
Improved Paris PL O "W
, ....... ..... .
Till IlVI X - VI a i.i.lh
" r:r i"0 " vit." .nd i.nnlj
n"Marfl limine I-to. Co Jonn Urnr i.Co icl Ui li,,,.- "
.. n rlaaiH Jr.CancKnlvpa.madeof lxvttfrltnnnriin!.vf ... .. . -
S..UM. Axr.nd rtaV M.llwW. l'lrL, Hoc, .War O-o. Axe and other liandlM ialdVi'i. wj I-?.'. c' l"
UarLBsWay,joHlitli l,t,n.lnr. India UhUkt llorc. S I. lSillU mi t Inel. Sa tX'
and Abnlo. Mean ltt Hat India Slrara I'acalnr . I 1 ll,
","". 'f " LT"'rt;'r? '"V..1'' India Knl,brr Mr. nmid f nd in ,nViz
v-s' f..l.T l and
,l.r Mian, do
llr .Matulncrx OIK l.ni. tanot and c, ll?,5"7 N. .lafoln oil
DISSTOM'S CELEBRATED SAWS AND FILES. ALL SIZES;
. t . I. Jiiii .aul .aUl. - 1.11. - !.... r . a . ....
L'tftesl Improvements inShelf. Hardware
5."?LV, ""'otU' alp Zmc. nil
S j? .a. jE jL. 2ZJ I 3FJ.lir cs o o id s
STArLE GKOCEIilliS, Golden Gate, Star & Superfine Flour
oMaMUaJprtr.aJww.UaJoBrana Alto, California Lime IVHIand and lljdraallc Cement.
For Kerpsene Oil "We Offer THE PAIaACE, and Guar ante
it cannot be beat for quality or price; also, THE
VTJI.CAIJ", a good oil and above test:
WOODWARD & BROWN'S CELEBRATED PIANOS
Tlir Kood Tiano; Xew llaTcn Organ Co.'s Parlor Organs
WituPatent Steel Sleepers
n te m& a ewyfeiiintnt
M ' I BREWER CO.
, ,' ron
PORTABLE OR PERMANENT
IS ft, lengths; 14 lbs. to the yard
WAppljto W. L. OUEKK, or
U. W. JIACFAULASE 4 Co,'
l Agent! torJno. Fonltiji. Co.
WEDNESDAY, JANUARY 14 1885
Snprcrao Court of the Hawaiian Iibuid&
At Chamhexs In Equltf.
"oiin it. svlta, et al. ts. aktokio j.
Lopez, xt aI
This is an aclion.bronglit to eet aside a e
tttwicr a power in a morlgaRo of real and n
properly npon the ground tliat the 5 Is
was not advertised ns required by the tov tr
iir iniliatcd as prorided by tlio mortpaEe ""
was improperly conducted, and sales illegally
made to different pnrcliaseri; and for an in.
junction against a further sale of part of the
properly mortgaged, and for relief in accordance
with the facts alleged.
I shall first consider whether (ho sale was
properly adrertised nnder tho poncr. The
power provides that the sale shall I at public
auction "fiistgiTing threo weeks notice in the
Englt'ah and Ilawaiian languages in ttio nens.
papers published and printed in Honolulu, of
the timu and place of such tale."
The undisputed fact is that tho first advertisement
was made in the ITawaiiax Gazette
of June 4th, Wednesday, announcing the sale
for June 24th, Tuesday, the inlerreiiing time
being only twenty days. The Gaiette is a
weekly newspaper published on 'Wednesday
morning. Tlio proofs show publications therein
on Juni; llli, Illli, and 1 8th, only, before
Is this giving three weeks notice in accordance
with the power. Had the notice been of
a sale npon Wednesday, June 25th, 1BJJ1, this
adicrlisomcnt wnnld ha
time, I think, though it v
tcr to say June 2Glh; bu
lire advertisement was da
mined with caro the authc
scl on both sides and I fin
hold this advertisement t
trnction is roado between
requiring publication for a
and those requiring the i
a ctrlaln manltr of tttnes
Sco Wade on tho Law t
I think this ilistincti'
plains and renders InappJ ,
by the defendant's counsi
Had tho pow cr requiret
once a week for three am
was dono would have cor
In Alcott vs. itotinson
by defendant tlrcro was a
execution under a statute
the time and place of boh
estate on execution shoul
iousl for six weeks sui
1st, a written or printed
encd up in thrco public
where such real estate s
copy of such notico shal
each v cck in a ncu spap
there bo one."
In this caso it was licl
uolrco as required by tl
dajs previous to tho sale
thereof in six uucccssivo
newspaper although tin
lc9s than six weeks prior
In Priest vs. Tarlton ct
by defendant, the holdii
computation of time is I
liino of an act, tho day v
is to bo included."
That was a case of the
eoU cut debtor from imp!
tuto enacts that "said del
ration of fifteen days fi
commitment, apply to lia
discharge) administered t
Tarlton was committee
1822, and on Oct. 1822,
o.itli This was held an'
iiitcrTiuins was fifteen di
the day tho oath was apr.
In Doxtcr vs. Shcparrl
cited b defendant the
first publication of a no
mortgago jiowcr which n
bo published once each
ccssh r v ccks; need not
beforo the time appointed
Sco also liachefor is. I
to a similar effect. In
Barb. the statute t
be publisbcd four weeks
or more nowspapors and
though four weeks did n
first publication and the I
In Snctt vs. Spragne,
by defendant, a statute I
thrco w ccks succcssh el j
paper, is complied with 1
though the time intcrvcnl
lication and sale is not tl
Thcso are the stronges
fonnd countenancing an
less thin the whole perio
These view s are strong
ral cases, and thrco
Alcott vs. Robinson, 21 2
but if correct, they fail ti
tion in the caso at Inr.
In Katly vs. Doc, in It
rcmc Court of tho Unitci
notico of a tax sale rcqu
onco in each w cck for twe
is not ch en unlets tho
tho sale eighty-four daji
Seo also. KonkcndorQ
Peters 310-50. Bunco
In Hon ard s. Hatch,
is held that twelve succe
tions aro sufficient, thou
intervene between tho fii
the galo is advertised t(
after tho first publication
Tho rule of computati
day of tho first publica
day, tto act is advertiser
Seo Ward on the L-C
1070. Publication for tl
was held accomplished
January 10th, and last A
of April flthvas jnst IIP
Id. Sec. 1071, 32 Cal.I
In Townscnd vs. Talla
order for hearing in Probi
published for at least 4
days only intervened ant
In tho Tcoplo ex rol I
Abb.Pr.K.N. Y. 408, it
notico is required to I
weeks, seventy days h
also anon 1 Wend. 00.
In the light of these at
of w hich have been cit
Counsel, I feel that I run
that the sale under tho
first giving three weeks
weeks to interveno betw
tion and tho timo of sale
tho notico of sale was t
and under all the at
if the notico is insnfiicien
void and not merely void
Seo also Perry on Trut
Bloom vs. Burdick I II
Sherwood vs. Iteade, 7
Shabcr vs. Kobinson,
Wado on Notico Sec. 1
Itorcr on Judicial Sale
Sound. If the advertit
sufficient, very serious c
tho method of conducting
stock. They consisted
of cows, oxen aud hors
sold in lots of twenty, tli .
and 1 oxen, and I cart
The salo was at Adams a
lalu, none of tho prope
but was at Manoa valley
opportunity was given f
lots w cro not separated
lots of so many. Under
they could not fail to I
admitted on the stand b
conducted the site. In I
stock mado wai shown C
not think such a salo can
No actual fraud is c?
fjet that the plainlifTSy
consented to the sale, and
stock under it, but manifestly he was a simplo
ignorant man and believed he wjj bound.
Other mortgagors were not present, and are
not bound by what Sylva did, but I do not
think bo is estopped from now raakimT the ob
jection bo makes herein.
Tb6 sale would seem to be void for -uncertainty.
Definite- lots of particular animals
were not sold bnt general large lots.v One
lot oi zo cows, sold in lonu, were not roond
or delivered in fact,
Sr Warm. ts Tvft,ia A Ttrl. Jftl
In this casellSheep were Bold out of 21 or
a pretenr. un Doing asiceaiwrucli sliecp lie
sold; tho constable said '-'the best and fattest:"
all were driven awoybyfpnrcliaser and selection
made and tliobalancoVere driven back.
The sale was liddTOid.
Tho Court, Judge Marqin, says. It was the
sale nf a right to select out 13 sheep from tho
flock-. A constable has no power to make such
a salo or contract. If the owner sheold make
ench a contract no title would pass till selec
tion was made until tucn tne contract w ould
be executory. At a sale of personal property
by a public officer tbe property must be present
und it must be pointed out and specifically
designated so that the purchaser may
what he purchases.
We think this reasoning is conclusive.
In New York State itis provided by statute
that tho goods and chattels sold shall be present
and pointed out to the inspection and
examination of bidders.
But before any statute and at common lav
eucb a salo was held void.
See Sheldon vs. Soper, 14 John R. 352 Jackson
vs. Striker, 1 Johns, cases 284-7.
Freeman on Executions Sec 290.
For this reason also as well as for tho defects
in the notice of the sale I think Uie sale mutt
be held void.
mint, iiio regularity ot inn sale was
further objected to on two grounds; first, that
tbe mortgago provides that npon failuro to
pay, the mortgagee is authorized and empowered
to enter into and lako possession of the
property and chattels mortgaged and that this
wo not done: and second that Mr Brown, the
plsimifis solicitor bonglit several lots of tho
sold whicb he was nnanthorized to
o by law.
A to tho point that no entry was made before
-tale, I think enough was dono to
the advertisement for a sale. Tho interest
dui vns demanded, and a threat mado of sale
tindir the power, unless payment was made.
T'ie mortgagee continued to neglect to pay.
To enter and take actual possession of tho
stock till immediately before tho time of the
sale wnnld ha c been inconvenient and expensive.
The power docs not in terms require, it
only "authorizes and empo'verj" entri to bo
Upon the point that the solicitor of the
mortgageobonght some of the property sold,
the authorities tiled by plaintiff Counsel seem
strong, but I am inclined In doubt the wisdom
of tho rule. Provided the sale be fairly conducted
I do not sco that injury can arise by allowing
the mortgagee or his solicitor to buy. The
mortgagee is interested at least to bid np to
tho amount of his mortgage. At most tlio nalc
would be voidable, and if at fair prices and
some time passed before objection was made
certainly tho sale should stand.
Bnt for the reasons first and second above
given, the sale must be set aside aud the conveyances
made thereunder must bo cancelled.
There are several purchasers upon whom
this decroe will operato as a hardship. The,
however have no remedy against the plaintiffs
because thereof. Some of the animals Imuglit
are shown to luvo been re-sold by the
SPECIAL FOREIGN NEWS-
New Yocic, Jan. 1. Articles of incorporation of
an electric railroad to ran from Far ltoctaway to
tho Long Island Itailroad bavo been filed, capita,
11a van a, Jan. 1. Tho catUo growers bIiow much
dissatisfaction refiardmr the stipulations referring
to American cattle, beef and meats of all
London, Jon, 1. Another dynamite hoax has
been perpetrated on the public A bac containing
two pounds of iron filing tnth a fuse attached teas
found nnder an arch at the Waterloo depot.
Lokdos Jan. 1. The Greenwich Observatory
began rising tho new system of universal time at
Vienna. Jan. 1. The Togllatl says that the Khedive
of Egypt, encouraged by the advicoofthe
German Government, has refused to comply with
England's demand to convene the Chamber of Notables
for the purpose of voting a redaction of the
Und tax and pronouncing in favor of tho English
KoiiE, Jan. 1. The Papal Journals state that the
Patriarch of Constantinople repudiates the reli
gions authority of the Czar of Russia and prefers
to abandon tho Greek nto for tho Latin rite. The
Patriarch is coming to Home. The Vatican authorities
are preparing to giro him a solemn and
Lomk, Jan. L It is reported that tho Trench
Government is negotiating with the Government
of tho United States of Columbia for tho cession
or purchoso of tbe islets off tho northwest coast of
Panama, upon which to form a French naval station.
New Orleans. Jan. 1. There was a cold, dry
norther today. The change in the weather had a
beneficial effect on tho attendance at tho "World's
Exposition, which was encouragingly numerous.
Daring the day the music hall concerts by tho Mexican
band were well attended.
Madrid, Dec 2d. The official report shows that
'JGG persons were killed in the provinces of Malaga
and Grenada by the recent earthquake The population
of Granada is still camped in tho squares.
Tho richer classes are lodging in carriages along
Caleo. Jan. 1. General Wolseley has received a
small piece of paper with General Gordon's genuine
seal on the back, dated December 11th, saying
that Khartoum is all right. A dispatch has been
received from tho Mudir, stating that an Arab from
EI Mahdi s camp reached Dongola. Ho affirms
that El Mahdf s followers aro gathered in force at
Miz.anclnekc. twelve hours' march south of
Koeti. Jan. 1. General Gordon's note was not
an inch square. Tho paper was rolled up about
the bIzo of n pin and was sown in a seam in ono of
tho messengers garments. General Gordon estimates
the Mahdi's force at from 20.000 to 60,000
men. Tho messenger adds that in a
one of tho enemy's guns was disabled. Tho
Khartoum garrison is able to hold out. General
Gordon spends his nights in ceaseless
the outposts to see that every sentry is on tho
alert. He has two palaces, with guns mounted on
each. Ho always examines the guns at daybreak
in order that ho may Assure himself that they are
properly primed and ready for action. He then
lies down and sleeps daring the greater part of the
day. General Gordon is described as cheerful. The
men aro well s implied with tobacco. Five boats of
tho Slack Watch contingent have arrived at Korti,
having accomplished tho journey in a shorter tuna
than any body of troops v, hich has preceded them.
The Hussars were sent ahead yesterday.
Cairo, Jan. 1. There is great rejoicing here over
tho good tidings from General Gordon.
New Jan. 1. The
Franklin special sa s: Kugar making has closed in
this parish. Tho result is disastrous to tho planters,
as tho i leld, with few exceptions, has not been
satisfactory. This, coupled with the low prices of
the product. Las discouraged and depressed the
planters. Tho small yield is due to tho extent of
the drought of July, August and beptcmber, producing
short, hard cane, with a heavy woody hbro
and htllo saccharine matter. Quito a large area
plan tod in tho lower edge of tho parishes was swept
away by high water. Iho crop generally from
those causes will fall largely short of last year,
Ihn prospect for tho coming year, in view of tho
proposed ratification of tho Mexican and Spanish
treaties, and tho difficulty of procuring advances
to cultivate tho cano crop is very gloom j. Planters
are in great doubt as to the proper courso to pursue
No contracts with laborers for the now year
aro being made and much apprehension is felt as
to their future, as they aro without means of support
and wholly dependent npon their dally labor.
Irish Damask !
We Have Just Received
A E11Y FI2.E AfcbOUT.MET 01'
Irish Double Damask.
DIRECT FEOJI -
coxsibTirfG or -
Oi all ti' nil sue of Dining Tabic,
Witb Napkins to illsitcb
Thcso LINENS arc tho HNEST Ever
Imported to this Market, nnd wo Invite
onr Friends to Rive them an Inspection
Honolulu, Dec.20tb, 1881.
Supreme Court of the Hawaiian Ialands.
In Banco OctoTjer, Term 1881.
J. T. WATEItllODSK VS. J. D.
ASD "tV. O. IltWIX.
Jmltl C. J., XeCtilly ami AhiUh'J. J. Opinion of
Iht Court hy Anttm JL, MtCnllii J. ronerrlnq.
J'M C. J. thiMiitiMf.
Thia ia an action to recover damages for
personal injury. Tlic defendant demurred to
the complaint; tlio Chief Justice oterrnled the
demurrer, and tho defendants appealed to this
The allegations of the complaint, in
are that tho plaintifi in 1S6 wrnlA in
W. L. Green a letter which is quoted, beins
u ujAiimy ior missiaicmenw acEnonrledgcd
therein to have been made to injure tbe aid
IT. L. Green, and the firm of which he was a
partner, in lieir business and reputationj and
in which the writer says that he encloses a
check for $300 to pay expenses in a suit for
slander then endin against tho writer, also
to pay for 100 printed copies of the
should Mr. Green desire to print the saine,!n
order to give him opportunity for circulating
them to repair any injury n hich ho might have
suffered by what the writer had said or done.
And further the complaint alleces "That on
the 7th day of June, 1881, the defendants intending
to injure the character, feelings and
reputation of tbe plaintiff, did, without the
knowledge or consent oi the said XT. L. Green,
or of tbe plaintiff, wrongfully and injuriously
print, publish and circulate, or cause to lie
printed, published and circulated, aljrge number,
that is to say. several hundred copies of
IhS said letter, and did so wronrnlW ,n,l in
juriously cause the sai4 copies of the said let-
tcr to bo distributed and delivered to divers
residents of Honolulu, and other persons residing
in this Kingdom." All pf which actions
and doings by tho defendants, the plaintiff
alleges were dono in contravention of his
vato rights under the laws, and to the damago
of tho plaintiff to the amount of $50,000.
The first question to be considered is the
nature of tho action. Tho Chief Justice held
that it is not and cannot be treated as an action
for civil damages for a libel. Pn further elimination
of tbo complaint and the law we
tliink that under onr statute the holding of the
Chief Justice was error. ,?c
Our statute declares Section 1, Penal Code)
tint "A. libel is a publication fn writing, print,
or by a picture, statue, sigr'or a representation
other than by words merely spoken which
directly tend to injure the fame, reputation or
good name of another person, and to bring him
into disgrace, abhorrence, odlnm, hatred, contempt
or ridicule, or Ho cause him lo be excluded
from society." Section 5 JcJarc "In
every prosecution for writing or publishing a
libel, tho defendant may give in eviilei'ce, in
his defence iiion the trial, the truth of the
matter contained in tho publication charged lo
be libellous: Provided, however, that such
evidenco shall not be deemed a justification,
nnless il shall be further made tu appear on
the trial that the matter was published with
good moiivcs and for justifiable esds."
Therefore iu an indicliutut for libel, whit-ever
may be usual, il is not necessary, to
allege that the matter is false. Falsity is presumed
until it is shown to be true, ami then it
is not a justification unless it appears in tho
case that I ho publication was made with good
motives and for justifiable ends.
Tho principle that in criminal prosecutions
for a libel the truth was no defence unless
published with good motives and for justifiable
The Undersigned, Proprietor of the
STEAM CANDY FACTORY
rt.Ticl 33 nlx.or y
Detrc to inform hl patroni and the public gener
allj that notn lthtand!ng the recent disastrous
,nrc, nc has
A NEW FACTORY & BAKERY
On a much more extensive" scale which it now In fall
operation, and which will he In complete worMns or
order by an early arrival of new .Machinery and Tool.
And is now Prepared to Hanniacturo
Choicest Pure Candies
And Kill always hue On liand hia Dcltclon?
Vanilla Chocolate Creams,
Rich Nugat, in bars J,,
Sugar Roasted Almonds
CREAM CANDIES, great variety;
Cum Drops, and
Cum Fruit BonlBons
01 a)ldctcriplioii All thosi Home .Made fresh and
pare Confections, I sell at 30 ccnta per Pound.
RICH WEDDING CAKE OF THE FINEST FLAVOR
In all sizes always on hand, and ornamented
In the most arils tic style
MINCE PIES always fresh
Home - Made Mince Meat
For fcalc at 50 C cuts per Ponnd
Will receive per Con socio the balance ot my new
machinery of tbe newest designs for manufacturing alt
descriptions of plain Candies
Thanking the public for previous liberal pitrouarp
and policial n;j a continuance of the
Practical Confectioner & Pastry Look.
CS- THE OLD bTAND Tl HOTEL bV
TELEPHONE Xo 74 P O I1QXA0.75
FoIIowina Goods Just Received
r. i.vri: akkivai.s:
Black French, Merinos,
Ladic'and C.cntV Lmlircllas.
Linen Sheeting, line bilks.
Ladles' and Gent's Hosiery.
Embroldcrtd Cloth Tabic Covers
Ladies' & Gent's Underwear,
"Woolen &. Cotton Shirts,
i.akci: .,m :iii::vt r
White Linen Shirts and Collars,
ool Dress lioods.
Ladies' llai". trimmed and untrlmmed.
a nai: i.or ok
New Designed Prints,
2nd a Grcrt Variety of both
English and Ameican Goods
TOO MTJItltOl'S Til 3ICXTI02ir.
HAVE X LAIlQi: STOCK OI Till:
Hay, G-Fain, fee.
.VlIIC'I lb OFFERED AT THE
Lowest Market Prices
AND DELIVERED FREE TO AST PART OF THE CITI
A(ir.:n.s run thi
Pacific Mutual Life Insurance Company,
Agents for the "HOOVER TELEPHONE."
COMMISSIONER OF DEEDS
ST TZLEMOXE SO. 47. 1013 U
tain a civil action for libel by tho publication
of his own letter, although they regret that
a mischievous or malicious publication may
not be a ground of action for recovery of dam-
proof,") that is to say set forth a legal cause
of action with legal claims for damage.
If an action is brought for a publication it
must set firth grounds for recovery of
i'imi - ''lit ir'i publication produced a
los t,i,i .iiff . iling this tho form is
DissnxTixo orixiox of cuiet justice
I feel obliged to adhcro to ray former opinion
on the Demurrer. I think that there ii a
romedy in Case for the injury complained of,
distinct from tho conventional action of libel;
and for Ihisjreason respectfully dis'scnt from
tho above opinions of my learned brethren.
A. S. Hartnell and E. Preston for plaintiff.
Paul Neumann anil F. M. Hatch for
Dated Honolulu. December 30. 18SI.
Snprerno Court or tho Hawaiian -In
Eitiu AT. Becklet vs. O. Aroxo, F.
u.r, Heles Kowlaxd, Julia Pr.ossu! et al.
lifmc Ctiaimllo, Jtr4l. Opinnm vf Iht Citmrtlhr.
A tlemnrrcr in tbis caso was overruled
April 2ml ISSi.
Heferrin r to lny ilocition on tbo
for a statement of tho bill, it now becomes
necessary to consider tho caso upon
tbo I nrthur pleadings and proofs.
Tbo plea and answer of C. Afong makes
profert of tho proceedings bad in 1839
tbo acting Chief Justico in tho case
of Theophilns ATetcalf against Emma
Metcalf, tho present plaintiff, and avers
that tho record shows no frand, collusion
or error in law and that tho decreo
TO THE LADIES !
We beg to .nfoun onr friend' and customers that
we have been appointed bOLE AENTi for
tbl v, ell known firm and hating roach
pleasure in inviting Inspection of our
larc and varied Aortmcnt o?
Just Import . Comprising the Following
Embroidered Silk Screens
Of ihr most Coantifol Color, and of Astonishing
I'eautj and rinlsli
bedspreads & Table Covers
Em'Toiikred in fc.Ik by Japanese
Large, Variety of
Vases ! Vases !
Of the line! 1'orcciain, remarkable for nniqoe
nes in rolor and shape ALbO
Porcelain Figures, Japanese Tea Sets,
Tete-a-Tete Sets, Butter Dishes,
Ash Receivers, Silk Lanterns
Silk Embroidered Kimonos
Easels, Carved Wooden Cabinets.
Hand Screens, Trays,
Wall Pockets, Parasols, Fans,
Paper Mats, Photographs,
OF JAPANESE SCENERY, Colored & Plain.
A HKQE SELECTION Or
Japanese Bronze Jewelry
Sleeve Buttons, Chains, Scarf Pins, Etc.
cw ALbO variety of Oood. suitable for Itonse
G. W. Macfarlane & Co.
Tinsmith & Roofer,
CAMPUKLTri XT'AV liLOCK
FORT STREET Opposite Wilder Jt lo
C. C. STRATEiEYEI
SIGN WRITER4 GLASS EMBOSSER
!& ear REA3 OF KO. S3 KING ST 6mo
aeBu'tifiti?noUobeminUined da a libel 1 Jjfgllt Portable fiaillVaV Rails,
..V-0.. ---- - ,..--.. -. -.... ..WMVV. .(',,
the plaintiff n bat grounds of action anncar?
It is clear by the authorities that Equity will
enjoin the publication of letters on the ground
of exposing private confidence, but it does not
follow that if the publication of tho latter class
have been made that damages can be recovered
for injury to tho feelings or reputation of
the writer. There cannot bo said ia tho present
case to be a violation of confidence for
the writer had sent the letter with leave to
publish and it had been published. There is
no allegation of a loss to the writer by a
second publication and his claim is not for loss
bnt lor damage lo reputation.
The plaintiQ also relies npon tho provisions
of section 1 1 10 of our Civil Code.
This gives a form in which actions may be
brought upon unliquidated demands: It is
the compliment of the form given in section
1100, for actions on vouchers certain or computable
by the Court, and of the form given
in section 1118 for the recovery of specific
properly. It (that of sec. 1110) covers the
wide range of all common law actions not coming
within iho specific limits of tbe other two.
But it cannot be considered that this meager
form thcrby dispenses with the application of
all the settled principles of common law actions.
If it would this action might bo treated
ns a libel whatever requisites of such nn action
as held by all the aulljoriies, it might lack.
Xlie form leaves all these to be maintained by
this parenthetical clause ("iilr et furlli tho
cause and tuevtnanner in which was
done, circumstantially with the view to
ONE MILE OF
per yard, and a) Inch gangc with
AND 10 LIGHT SUGAR CANE WAGONS
FOXl TltE 3.A.xi:.
S. 11. This Railway Is soluble for Animal Tower.
ALSO FOB SALE
Straight Mecl Kails, H lbs. lo the yard
For Ihe worUns of John Fowler & Co.'s rail,
war and locoraolirw, the naderilrned
be- lo refer la
J.6. gpreckelf . E.. f spretkelsfllle. where "line I,
now In fall operation
For fnrtherparlieular;, apply to
W L OP.EES, or
, O V MACPAllLAXE Co
IUK AcentSforJohe PnwI.rJfc
FOR THE COMPLEXION I
THIS ETEGAKT PnErARATION
ia Ihe MOST rEBFEt T BE 4UT1FIER KSOWN.
It Is Pare and Harmless. Delighlfot la Its Application
and wonderfal In lis Effects, while the closeit cmtinr
falls lo detect IU me. Prepared hr
II Eon'MAy, Chemist.
FOR SALE BV Oakland, Ull.
HOLLISTER & Co.
I0O Oust Btbist. acr Fsjcrcxsco. Cxu
F laWTj. A14u ttaaMtlfnltfttA In ihrt TTntt T 1
rwooee xxpxbzxxca perfect znttnod adj
Freeth & Peacock
No. 23 Nuuanu Street,
HONOLULU, H. I.
Wine Sz, Spirit
Offer for Sale at the
Lowest Market Rates
George Goulet Champagne, in pts. and qls.
Chas. Farrc Champagne, in pts. and qts.
Carlton Frere Champagne, in pts. and qts.
Fine Old Cal Brandy in Bulk,
Pure Virginia White Rye Whiskay,
Budweiser Lager Beer, pts. & qts.
-- A Larjrc antl Will Selected btoc& ot
Always on hand and for bale at prices that defjr com
ctltton Coontrj orders solicited.
ALL GOODS GUARANTEED
American. Ilarana and lllnah
i' o lioxzai.
REMOVED TO 82. KING ST
Watchmaker and Jeweler,
ASD DEALER 1
Notifies tho public that he removed from Campbell's
Clock t S3 KIXO STREET, adjolnlnjc the etoie
Of Mr. J T Vatcrhone whore he has Opened oat a
Large and Elegant Assortment of
GOLD & SILVER WATCHES
Jrro u Celebrated Maker
A Splencid Assortment of Fine
Jewelry in Gold & Silver,
ltichlj raoontcd with rreclon Stonn All tbe licat
makea or MUSIC L ISSTIIUJIESTS on hand.
A Great Variety of Curios.
, n" Jbo attention of Intending pnrehasera and the
ladles In partlcniar. la called to this Stock before pur
123 3Eoirt Street
Cold Drinksforyoung & old
Superior Ginger Beer, : 10c. per bottle
Donnolly's Root Beer, : 10c. per bottle
Donnolly's Spruce Beer, ; 10c. per bottle
These Beers ix? Un most pleasant and healthiest
hererajto tnowr.. They cleanse and pnrlfy the blood,
whleh not onlyan excellent drink rml
Kiwi for inrilids, and will more readily qacach thirst
nilboayxodscInK any deleterious elTecta.
Candies ! CantliRcs t
'lorn; nude Craaraa and Caramels, all rarietla.
fresh dally Fines! selection of Import! CandlS.
Lhasea Celebrated Boston Loaenns. laaaat aromatic
inallly In the marketItUTS and loXU&S.
Smokol Smoke! Smoko!
jijjianiiasareuieuesiin town, come and Jodie for
home-made i. san Bivavi m hand Chrwli.
bmoWlnz Tobacco, cut foil and pin;;
.d....c9 n. uid c urniain,
4. ly done at the Gazette Offlea.
I FrHMAXIXTCTJaXSof 1
W pure bftuix
Fall aPrlTmt?. Chronic juvl Mcrrons IMMawfi.
Brrm. JUMdn. ErniHlraa
I HTHaU Jft WWII 1 MaF nfllM) UlABlU. 141 VW 1
f wtnvfiitnnmMt nonrt iainiWDenxiuienilr cared and 1
tacsgia irata uo bjsicid ioz iuo.
M ITLlllUVO Mentaf iaJ flmial Weitmwj. fail in if Mflaory
eflu.ri Ft. hiBtMl Divelaraniat. InoaTrditrmati ta uxirnar etc
iTOtTJ axtWWl v jwnwattt iwmy mi rnnj fcannvw (owuuj iy
Toabf iiddiAcd tad Old I9Rl.ar.fl an who Itttl meat
j akiiiandcxtirliirvconsnJt Ue oM nropeaa F&rslctan
atone. lIlscplritoact3nouanff,aridmaTaTefawro misprraad
When InconTenltnt torWt tttedtr for treatmentt mwUdafa
eni uh pnjrstuaui who kitt 4us wo Mmion o a
n rmt aklll. and DhTdsrta Utroiuhoat
r." - jttt - . r.i .. : ..
iaecvanu7SDOinDir mn unjuruuy nxvioaKDu uuiaactut, cases 10
I UM UiaWI Bfff lailMsDT WHOIQ fTPTT KHOWn PNNI
ear a rartL Tne ixxiora ak ana iapvntnra nuuco ma
ppiripn m upftnie lmpormngg. . .. .
irian"uuciutiirsng dlqui tva? ivwiur. jvu3uiuugrn ircg
land aaredlxcnn0dciillal. CanniTaJrti bare failed ta ob
taitiin7reuexeBewDraepecBirrsMaiea. jrenrue aawnsoc i
ccxaau j imura. inn xMMrter wiuaTTreinioncit9iovvior I
I a caaeandvnakea.no i cored, Catlorwrite. Hoars JteUy.froin I
A.afctor.jcMaaeTenlnywyqndara,lQtoiaoniy. Hecd I
'f rT"T1i"f 'Tl"rl
DR. UEEIC'S WOHDEHnil CEHMJW IHYICO MTDB '
t iu nnrra, vrruKiarns ino mancifl rnrcKX mo 1
. wavo. inTDroraUPv inm wnoi rsem. and ItStORa lea i
j IL a .a s n i r
r rw iwn vj dmi ft ivnr'.sisw
rim jranuui 4J J WfUUfWf i
k Dohhui DncCtera.
uiy. Cuulejst, Gnuul rrize,
Wc Array 'UnRM,Mafn Chatter, Duck,
now, inwoou anu utuaarj storea,
bh Ware, Nickel l'lall i
i sizes," and laid on at
a xeau sou Jfipe,
G-OO-Ss, all kinds;
.beet Coppar, Sheet Lead,
, jcnaimwa irnu HMihM,
4, & 59 Nuuanu St.
Have Just Received the 1 argest
LOT OF PERFUMERY
EVER IjU'OKTED INTO THIS KIXU110H, COlIl'lUSINtt
Over Fifty Different Odors of the Celebrated
Odor-Oases, Fancy Boxes, Bottles, &c.'
Hollisten & Co., '
59 Nuuanu St., and Cor. j Fort and Merchant St,