Polynesian. [volume], November 09, 1861, Image 1

About Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864

Image provided by: University of Hawaii at Manoa; Honolulu, HI

                
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Vol. XVIII.
HONOLULU, NOVEMBER 9, 1861.
No. 28.
PUBLISHED WEEKLY AT HONOLULU,
Hawaiian Islands.
Abraham Fornander, .... Editor.
Business arDs.
CHAS. B. BISHOP. Vt. A. ALDR1CU.
BISHOP &, CO..
BANKEES, '
Office ia the Eaat career Makee'i Black,'
Kukioiii street, lUaalulu,
Draw Bill, of Exchange on Messrs. Grinnell, Minturn k Co., New
York; Henry A. Peirce, Esq., Boston; and Messrs.
Morgan, Stone tc. Co., San Francisco.
Will receive deposits,
Discount first class business paper,
Attend to collecting, Ac. Ac. Ac. 8-tf
JOHN THOMAS WATERHOUSE,
Importer and Dealer in General Merchan
dise, Honolulu, H. I.
REFERENCES.
Hit Ex. R. C. Wyllie, Honolulu
B. F. Snow, Esq., do
C. A. Williams A Co., do
Chas. Brewer. Esq., do
Wilcox, Richards 4: Co., do
Dimond A Son...................................... do
Thos. Spencer, Esq., Hilo.
H. Dickinson, Esq., ........................... .....Lahaina.
B. Pitman, Esq... San Francisco.
SIcRuer At Merrill.............................. do do
C. W. Brooks A: Co., do do
Everett Ac Pope, ............................... do do
G. T. Laston, Esq., ........ do do
Tobin. Bros. A Co... ...... ...276 ly ......... do do
6BEBXAB PICK. CHAS. H. LCST.
C. BREWER & CO.
Commission and Shipping: Merchants.,
Honolulu, Oaha, II. I.
REFER TO
Joh M. Hood, New Tork.
Jambs Hckbewbix, Esq., 1
Chables Bioit, Esq., V Boston.
H. A. Pibbce, Esq., )
McRliB tc. Mimiu., I Francisco
Chas. Wolcott Bboobs, Esq., ( fcaB r,nc,8CO-
Miiiu. W. Pi?tai' Ac Co., Honekotie-
Mitiu. Pcblb. Hubbkll Ac Cik. Manila. 20-tf
C. BREWER 2d,
General Merchant and Agent for the sale of the products of the
Brewer Plantation. 14-ly
DUDLEY C. HATES,
COMMISSION MERCHANT,
Honolulu, Oahu, H. L
Agent for the sale of Sugar and Molasses from Titcomb's Plan
tation.
Agent for the New England Roofing and Manufacturing Co.
J. S. WALKER,
SHIPPING AND COMMISSION AGENT,
(Anthoo's Block) Corner Queen A Kaahuinanu sts.,
44y HONOLULU, IL I.
JANION, GREEN & CO.,
Commission iHcrcIjauts,
Fire Proof Building's, Queen Street,
HONOLULU. OAHU. S. 1.
52-tf.
B . F . SNOW,
DEALER IN GENERAL MERCHANDISE,
Honolulu, Oahn, II. I.
H. VOSt HOLT, c. Til. HICCI.
Von HOLT & IIEDCK,
General Commission Merchant
H..iU. 0ha. S. I 35-tf
XV. A. AL.DUICII,
Importer & Dealer in General Merchandise,
Ilaaalnla, Oahu, S. I.
Island Produce bought and sold. Aeent for the dale of the
product of th Lilm. Plantation. 35-tf
II. IIACKFELI & C Ot
General Commission Agents & Ship Chandlers
Haaolalsa. Oaha, II. I. 35-tf
ita'u ST. CASTLE.
AMOS S. COOBB.
CASTLE & COOKE,
Importers & Wholesale and Retail Dealers
in General Merchandise.
Ageai for Ir. Jar.r's Medicines.
JOHN RITSON,
DEALER IX WIXES, SPIRITS, AXE fe PORTER.
14-tf Honolulu.
W.M.WEBSTER,
Land Asent to His Majesty.
OfJIce la lae Kiax'sGardrn, Beritaaia Street
tt 4
GODFICEY ICIIODCS,
WHOLESALE DBALEB IS
WINES and SPIRITS, ALE and PORTER,
41 Xnr Use Pawt-Oflicc. Hanalnlw. ftf
GEORGE G. HOWE.
JL umber Merchant,
Lsmbrr Vnrd C.rarf.f Qnrra aad Naiaia Sis
a lae Paachara Premises. 34 tf
UTAI & A II EE,
Wholesale Merchants,
AND
Agents for the Aiko and Iwo Sugar Plan
tations, Hilo, Hawaii
83 KING STREET. HONOLULU. tf
T. MOIIItS. T. MOSSMAB, JB.
MOSSMAN & SON,
Bakers, Grrfcers and Dealers in Dry Goods
Xaaaaa Si. Haaalnla. Oaha. S. I. 35-tf.
C. II. LEWEUS,
Lumber aad Building Materials, Fort it., Honolulu. 14-tf
D . N. FLITNER,
9 CONTINUES bis old business at the new (tore ob
VTX Kaabumaao street.
Ji" Chrnnnmeters Rated by observations of the u and
AiJO stars with a transit instrument accurately adjusted
to the meridian of Honolulu. Particular attentioB
ive to line watch repairing. Seitant and Uuad
rant classes silvered and adjusted. Charts and
Nautical instruments constantly on band and for
sale. 28-1 f
JANES LOCKWOOD,
MABrrACTTBEB ASD DBALBB IB
TIN, SH EET IRON & COPPER WARE
KA A HUM AMI STREET,
HONOLULU, H. L
Bummer Bakers, tin and copper pumps, bathing; tubs, foot and
shower baths, tin and sine roofing, and a general assort
sent of tin ware.
CT Ship work executed with neatness and dispatch. 6 tf
CHARLES W. VINCENT,
CONTRACTOR AND BUILDER.
TflE CXDER81GXED would inform bis friends aad the
public, that be has removed his Carpenter Shop to the
Premises ob Fort street, opposite the store of C. Brewer
tad, and would solicit that patronage heretofore so lib
it -i betowd. All orders in the various branches of
t)uildin(, Plans, Specifications and cnatracts attended to
with promptness and dispatch.
CHARLES W VIXCENT
MELCHEItS k CO.,
Importers and Commission .Merchants
Stone Store, Kuhnmann Street, Corner Merchant,
AGENTS FtR THE
Hamburgh-Bremen Fire Insurance Company
Pioneer Flour Mills, San Fraocisco;
Sale of Asegut tc Reinhardt's salt beer;
Sale ol sucar, molasses and other Hawaiian produce.
Consignments respectfully solicited, and all orders from the
other islands and abroad promptly executed.
OUST. C. MELCHERS, Bremen;
J. D. WICKE, Honolulu;
"--I1 F. A. SCI1AEFER, Honolulu.
THOMAS SPENCER,
SHIP CHANDLER,
DEALER IS GENERAL MERCHANDISE,
Island Produce, &c, Ac.,. and Commission Merchant,
3YROWS BAY, ZXZLO.IZ.Z.
Will keep constantly on hand, an extensive assortment of every
description oi guoas required by Mnps and others.
C7"Tlie highest price paid for Island Produce.
$3r Money advanced for Bills of Exchange at reasonable
raits. ! tf
J. C. SPALDING,
IMPORTER & COMMISSION MERCHANT,
HONOLULU. OAHU. S. I.
AG EXT FOR
Neptune Ins. Co., .
Boston. 1 Salem Marine Ins. Co.,... Salem.
Koylstnn . ..
Wi.-liiiiL'ton "
Equitable Safety Ins. Co,
Boston Ins. Co.,....-......Boston.
Alliance -
S. E. Mutual Ins. Co.,. "
REFERENCES.
Messrs Thwisc t Co.,
A. A. FltAZLR, Esq., .....
J. A. ClSNISUHAM, q.
S. Spalimng, Esq.,
Messrs. Pkki.k. HcbbilU. Sl Co. ......
Fbazeb k Co.,
.........Boston.
...Salem.
.-....--....Manila.
.. Shanghae.
. Yokohama.
...San Francisco.
c
.. Edinburgh.
London.
- ...Canton.
C. W. Brooks & Co.r.
A. P. Everett, Esq.,..
Messrs. J. Jeffrey k Co.,
R. Ii. Rr ass, Esq.,
J . C Mostero,...
Messrs. Rcssell k Co., ...........
83r- Store in Robinson k. Co.'s Fire Proof Block.
22 tf
W. FISCHER,
Cabinet Maker and "French Polisher,
Hotel street, opposite the Governmeut House
4t tt
A. S. & M. S. GRIXBAUM,
Importers, and Wholesale and Retail Dealers in
FASHIONABLE CLOTHING, HATS, CAPS,
BOOTS and SHOES,
And every variety of Gentlemen's superior Furnishing Goods.
Store in Makee's Block, formerly occupied by W. A. Al
drich, Esq., fronting on Queen Street, Honolulu, Oahu.
J. F. COLBURN,
Honolulu, Oaha.
7-tf
WILLIAM HUMPHREYS,
NOTARY PUBLIC. Office at the Court House, op stairs.
15 tf
Chas. F. Guillou, 1YI. D.,
LATE SURGEOV IMTED STATES XAVT
Late Coaaular I'hynioiass to American Senium,
AKD OESEEAL PRACTITIOXEE.
OFFICE corner f Kaahumanu and Mrrrkant street
Residence at Dr. M aud's mansum, Hotel street.
$3T Office hours from II A. M. to 3 P. M-, at other hours
inquire at his residence. 20-tf
E. HOFFMANN,
Physician and Surgeon,
Jy Office in the New Drug Store, corner of Kaahumanu and
Queen sts., Makee k. Anthoo's Block. H-tt
AXiIsE N & BERRILL,
SUCCESSORS TO
GEORGE V. MACV,
KLa-TTCixilxcie, Hawaii.
Will continue the General Merchandise and Shipping busi
ness at the above port, where they are prepared to lur-
nixh the justly celebrated Kawaihae Potatoes, ana sucu
recruits as are required by Whale hips.at the shortest
notice and on the most reasonable terms. 9 i
TBI
OF SHIPS!
VH. I1KMIY TRESCOTT,
Acriso Fecretart or Stats to tbb Ckitkd States.
To all tf Aom thete PrtxenU Khali com. Greeting .-
KXOAV VE, THAT tJEOIUiE E. XETCHER, A
citiren of the United States, has filed in this department the
required notice of the discovery of guano on Hosrland's Island,
in the Pacific ocean, the same lying in North latitude 60 min.,
and in west longitude 176 deg. 52 min.
That notice of the occupation of said Island, in the name of
the United States, by A. U. Benson, on behalf of himself and
his associates, Wm. W.Taylor and the said George E. Netcher,
has also been filed.
And that the United States Ouano Company of New York, a
corporation of citiaens under the laws of the State of New York,
assignee of the assigns of the parties aforesaid, has entered into
sufficient bonds, under and according to the provisions of the
Act of the Congress of the United States, passed on the eight
eenth day of August, in the year eighteen hundred and firty-sii.
Wherefore, the said United states Guano Company is entitled,
in respect to the jruano on the said island, to all the privileges
and advantages intended by that act to be secured to citiaens of
the United States who may have discovered deposits of guano ;
provided, always, that the said United States Guano Company
shall abide by the conditions and requirements imposed by the
Act of Congress aforesaid.
In witness whereof, I, William Henry Trescott, Acting Sec
retary of State of the United States of America,
have hereunto set my hand and caused the seal of
the Department of State to be affixed at Wash -L.
S J Ington, this seventh day of August, in the year of
our Lord one thousand eight hundred and sixty.
and of the Independence of the United State ef
America the eighty-fifth.
WM. HENRY TRESCOTT.
Acting Secretary.
All persons not duly authoriied are hereby forbid occupying
r removing Guano from the above or any other Island, Rock or
Key belonging to the Company, as published in the New York
Tribune, March Sth, 1S59.
(Signed) A. O. BENSON. President
6 tf United States Guano Company.
Soqth Carolina GoIdenSeed Kice !
THOSE WHO WISH TO procure Seed of the
above named finest sort of S. C. Rice, will do well to leave
their orders, at the earliest opportunity, with -Mr. H., of the R.
H. A. & Gardens, or box 67, P. 0., or Mr. Jos. O. Carter.
22 2m HOLSTEI.V.
IRISH WHISKY!
H
ENRY ROE fe SOVS DCBUX WHISKY
J no. Mackenzie k Co't Helfast do.
Warranted direct from the Distilleries, and of superior quali.
For sale at the 22 kual muilu
. California Oats.
T7HK SALE BY
T 18
8. SAYTDGE
NOTICE.
B jrr WIFE MALITHI has left me withou
I X proper cause, I caution all persons not to trust her on my
account, aa 1 shall pay no debts of her '"j,,
Waikapu, Sept. 13, 1861. tf
NOTICE.
THE Undersigned tin opened a Lnniber Yard
and General Store on the former Customhouse premises at
Lahaina. Goods sold at moderate prices.
24-6t
A. C.VNA.
ITERS
mm
.foreign bucrttscmcnt
CHAS. WOLCOTT BBOOKS, W. FBAXE LADD, EDWARD r. HALL, JB
CHAS. W. BROOKS & Co.,
Ill I
'ii Jiuiiuiiiii, iui
123 SAKTSOMI3 St.,
SAN FRANCISCO, CAL.
t: Particular attention given to the purchase, shipment and
sale of Merchandise, to forwarding and transhipment of goods,
the chartering and sale of vessels, the supply-ing of whaleshlps,
and the negotiation of Exchange.
JO" EXCHANGE ON HONOLULU In suras to suit.
ADVANCES MADE OX CONSIGNMENTS.
REFER TO
B. F. Snow,
C. Bacwxa & Co., ............
. Honolulu.
J. S. Walkkb, "
H. Hacefeld & Co., "
B. Pitjuw Hilo.
James Hi'ssiwiu., . ..... Boston.
IIcnst A. Peirce, "
Chas. Bbeweb, "
Thateb, BatGHAM & Field, "
SrrroN k Co New Tork.
Swift Ic Alleh...... N. Bedford.
33 tf
D. C. McRUER, J. C. MERRILL,
McRUER & MERRILI
AND
ATJCTIO
AGENTS OF THE
REGULAR DISPATCH LINE
HONOLULU PACKETS
Particular attention paid to forwarding and transhipment of
merchandise, sale of whalemen's bills, and other exchange, in'
surance of merchandise and specie under open policies, supply
ing whaleships, chartering ships, etc.
117 and 119 California-street.
SAX FRANCISCO Cal.
REFER TO
Messrs. D. C. Witcimis Sc. Co., .......Honolulu
:. Itiiwn k Co., "
CapL R. F. Snow, -
A. P. Evebett, Esq.,' . "
Messrs. Oilman k Co., Lahaina.
B. Pitman, Esq Hilo. f23-tf
A. P. EVERETT.
J. F. POpe
EVERETT & POPE,
AUCTIONEERS
-AND
it
105 and 107 Cal. St., San Francisco.
PAHTICUI.AK a I tntlo given to the pnrrlia.ee,
shipment and sale of merchandise; forwarding and tran
shipment ot goods ; the chartering and sale of vessels ; the sup
plying of whaleships and the negotiation of exchange.
Advances made on consignments. I 13-Iy
JSI O jST G A. 1ST TJ I !
Wm. BUTLER,
GENERAL MERCHANT,
AND
CUSTOM HOUSE AGENT.
Monp;aniii, New Zealand,
IT AS MADE arrangrmrnts lo kren constantly on
JT hand a large and well selected stock of salt provisions,
bread, flour, ship chandlery, groceries, clothing, and everything
required for a complete outfit.
FRESH SUrPLIES, POTATOES, FIREWOOD,
All furnished on the
Shortest Aotice !
Monganui lies in the Southeast part of Lauristan or Doubtless
Kay, and is in Lat. Ba 3 06' S., L,on. 173 ' 3v E. 86 tf
PAINTER & CO.
PmW sil J iI nlra b n A Don Ipfb In
'Type, Presses, Printing Materials,
'fir 1 l- Pirnor CnrJm A-n
510 Clay Street, above Sansome.
) San Francisco.
t. B. PAINTEB
J. M. PAINTEB
r
t. r. painteb 30ffices fitted ou t with dispatch.
52
NOTICE.
IirilEREAS THE UNDERSIGNED HAS BEEN INFORMED on
1 1 good authority that great irregularity exists in the taking
and killing of the wild cattle on the mountains on Hawaii, be
longing to His Majesty and to Die Government, by parties who
claim or pretend to claim right under bills ot sale from His Mai
esty or from the Government, and whereas, from the nature of
the country and other causes it is almost impossible to place
agents to guard the interests of His Majesty and of the Uovern
ment, and whereas all parties having legal claims on the said
wild cattle have already had time sufficient, if they have used
lue diligence to remove the same :
Now therefore, the undersigned hereby gives notice to all par
ties who purchased wild cattle running on the mountains on Ha
waii, previous to the 1st day of January Is'. 7, to remove the same
If not already removed, on or before the 1st day of May next,
after which time, parties taking wild cattle will be prosecuted
Interior Office, I L. KAMEHAMEHA.
Jan. 24, 1S5S. f 4S-tf
W.UKAIIALULII WATER LOTS.
THE UNDERSIGNED HATING BEEN APPOINTED AGENT
for the sale and lease of the
VAIKAIIALULU LOTS I
begs to call the attention of Merchants, Ship Owners, Specula
tors and others to this finely situated tract of land which is now
offered in lots at reduced rates and on liberal and convenieut
terms:
Plans may be seen and all particulars learned by application
to the undersigned at Robert C. Janion's Fire-proof Buildings.
N. B. Early application should be made for choice Lota
W. L. GREEN,
Agent for the Sale of Waikahalulu Lots.
Honolulu Oct. 9th. 1S53. 23-tf
NOTICE!
THE nndrrsixned brgla inform their friends)
that they have established a branch of their house at VIC
TORIA, V. I., under the management of Mr. Henry Rhodes and
under the style of JANI0N St GREEN, for the transaction of a
general Commission business. Particular attention will be piad
to consignments of Sandwich Island produce.
JAMON, GREEN tc CO.
Honolulu, May 10, ISS9. 8-tf
LAW REPORTS!
PR SALE AT THIS OFFICE, THE FIRST VOLUME
of the Hawaiian Reports, comprising many of the most
important Derisions aad Rulings of the Superior Courts of
this Kingdom during the tea years ending with 1656, compiled
by George M. Robertson.
Price nvedollara.bouad in calf A-tt
NOTICE.
t LL PERSONS ARE nEREBT NOTIFIED THAT THF.
l privilege of gathering Pulu, Fungus and Arrowroot on all
the Government lands on the Island of Hawaii (with the excep
tion of those lands which may be sold or leased during the conf
tinuatlon of this privilege), has been this day granted to Mr. C-
C. Harris. L. KAMEHAMEHA.
Home Department, 30th July. 1859. IS tf
IN'OTICE.
THE UNDERSIGNED has appointed Mr.
Geo. Williams to act for him in the collection of all outstand
ing debts and account. Ej H. BOYD.
Honolulu, May 14th, 1560 3 tf
Hospital Notice.
THE DISPENSARY ATTACHED TO THE UUEEN'S
Hospital, on King street, will be open every day from 7
until 9 A. M., for th dispensing of medicines in sick and indi
gent Hawaiian, onder the direction of Dr. Wm Hillebrand.
Per order. J.W.AUSTIN,
13-t f Secretary.
2
UUJ1J1IUU1U
M
MERCHANTS
r4
.foreign bncrtiscincnt
s.
1U
TARGET
13 Feet Socabb.
Represents average
hooting at SCO yards,
with
ELEY'S
BEST
ENFIELD
CARTRIDGE..
Eley's Ammunition !
OF EVERT DESCRIPTION
For Sporting or Military purposes !
Double Waterproof Central Fire cans, Felt Waddings to pre
vent the leading of Guns, Wire Cartridges for killing Game, ic,
at long distances, Breech Loading Cartridge Cases of superior
quality, Ac.
Sole Contractor! to the War Department for Small Arms
Ammunition,
Jacob's Rifle Shell Tubes, Cartridges and Caps for Colt's, Ad
ams' and other Revolvers.
Enfield Rifle Ammunition and Ball Cartridges,
For Whitworth Rifles, also for Westley Richard's, Terry's, Wil
son's, Prince's, and other Breech Loaders.
ELEY BROTHER'S, Gray'a-Inn-Rd., London, W. C.
tST WHOLESALE ONLY. 2-ly
IRON HOUSES, SUGAR SHEDS, ROOFS, &;
I! 1,. ir? !:tV " i. N
: lit- .m.v a. -im: . WVIt
TI PPER CO.'S
CORRUGATED GALVANIZED IRON,
AND
For Roofiing nouses, Churches, Schools, Ac.,packed for shipment.
ALSO
Gutters, Pipes, Ridging-, Pails, Tubing',
tVire, ZHails, Screws, t&c,
All Galvanized.
fW For Prices, Drawings and Catalogues, apply to TUPPER
k CO., Manufacturers, 61a, Moorgate Street, London, E. C, or
Berkley street, Birmingham. ,
Tupper tf Co.' Process of Galvanizing prevent Iiuxt.
2-ty TUPPER k CO.. 61a Moorgate Street, London.
MESSRS. C. A. FLETCHER & CO.
COMMISSION MERCHANTS
AND
G E X E It A L A G E N T S
IIAKODADI, JAPAN,
TEG TO INFORM OWNERS AND MASTERS OF SHIPS
I ) about to visit the port of Hakodadi, that they are prepared
to take Consignments and do business on the usual terms.
FF" Bv arraneements with Home Insurance Offices, Messrs.
FLETCH ER &. CO. can take risks on Oil, or other shipments of
Produce hence.
Hakodadi, Yesso, Japan. 4th July, 1&9. 18 tf
CHARLES F. BOBBINS,
Importer and DeaUr in
Type, Presses, Printing Material
INKS, CAKD STOCK, &c,
Xo. ill to 417 CLAY STREET,
(Opposite Frank Baker's,)
45tf SAN FKAN'CISCO,
CHARLES BREWER,
COMMISSION MERCHANT,
Boalon, U. S. 25 tf
53T Refer to R. W. Wood and C. BrbwerSd.
WM. FAULKNER & SON,
131 SANSOME ST., SAN FRANCISCO,
OEXT FOR JAMES COWER & SONS, V. S.
Type Foundry, and Dealers In all kinds of Printing Materials.
7 Printers will find it to their advantage to call on us be-
ore purchasing. o iy
Waikahalulu Lots!
mHE UNDERSIGNED BEGS TO INFORM THE PUBLIC
1 that the terms on which these Lots can low be purchased or
leased, have been so far modified that under certain restrictions
and regulations, any description of Building may be erected
thereon. It being the desire and object of His Majesty's Gov
ernment to have the said Lots occupied as quickly rs possible,
every facility will be granted to intending occupiers, and by
consulting with the undersigned they will find that their views
will be met in every respect, as far as consistent with th public
interests.
Ten of said Lots having been now engaged, only a few of the
choice situations remain to be disposed of, so that an early ap
plication will be necessarv to secure them.
W. L. GREEK, Agent for the sale
19 tf and lease of the Waikahalulu Lots.
1VOTICE.
Superintendent of Water Work's Office, i
Honolulu, September. Ilr61. t
SVnSQ TO THE SCARCITY OF WATER AT THE GOV-
J eminent Water Works, the following Regulations must be
strictly adhered to by con turners:
1st. All persons having Water privileges, must close their
Tap, at I o'clock P. M., every day.
i. 2d. All persons having irrigation privilege, will use the water
only from 6 A M to I P M.
3d. All persons found allowing water to rnn in the night, will
forfeit their claim for the unexpired term of their privilege.
HENRY PREXDERGAST,
Office foot of Nuuanu street. Sup. Water Works.
OLELO HOOLAHA.
Keena Oihana Wai, )
Honolulu, September, 1S61. J
No ka uuku o ka wai ilokn o na piula wai aupuni, notaila,
malama ia i keia mau Rula maialo nei e ka poe laws wai,
Denei :
1. O ka poe a pau i loaa ka palapala ae law i ka Wai,
e hoopaa no lakou i na ki wai i ka Dora i o ke aniani i na ia
a pau.
2. O na mea a pau t loaa i ka pitlapala ae hooman aina,
lawe no lakou i ka wai mai ka hora 6 o ke kakahiaka a hiki
i ka bora 7 n ke ahiahi, alaila e hoopaa.
S. O na mea a pan i kun aku at i ka wai i ka po, e hoolilo
ia ko lakou palapala ae i mea ule no ke koena o ka manawa
i ae ia'i. Ma ke kauoha : HENRY PREN DERGAST,
21-tf Luaa Oihana Wai, Alanui Nuuanu.
Notice.Uonolulu Water Works.
ANT PERSON' found fapplnir tlse main pipe,
or their branches, without permission from the Superin
tendent, will be prosecuted according to law. By order
HENRY PREN DERGAST,
Superintendent of Water Works.
Office foot of Nuuanu Street. 21-tf
Piano for Sale.
JCST RECEIVED PER BARK "TANKEE'd
a magnificent seven octave piano In rosewood case and iron
frame made by James W. Vose, of Boston, in the newest style,
with all the modern improvements. Apply to
y-tf MK3. 1KW1, Adams Street
JUST received and for sale by the adcraiffaed
75 Barrels Hawaiian Beef.
Warranted, Packed and Cured in Turk's Island salt.
10-q CHAS. BREWER, So,
TITCOMB'S SYRUP !
131 5 Gsdlort Kegs, and at retail. For sale by
13 8. 8AVIDGK.
Bran ! Bran ! Bran !
T7OR SALE BY
X" 1
18
B. SATlDGt.
m m 'fl i lMiiTYiTini
jiA 5 iUlilIUi 111U
illll
n
JFfr
iO!fy fjoliiudmi.
Supreme Court.
Thos. King vs. E. B. IIcntley.
Chief Justice Allen Baid :
The plaintiff brought an action against the de
fendant, claiming of him the amount of a promis
sory note, bearing date the second day of Novem
ber last past, with interest, which he alleges the
defendant executed and delivered to him, and that
although often requested, he had refused and neg
lected to paj; and the plaintiff, on oath, further
averred that the said defendant was about to quit
the Kingdom, having made no provision for the
payment of said note. Whereupon the plaintiff
prayed that the process of arrest and detention might
issue against said defendant, and that he might
be detained until he gave bonds to abide the result
of this suit, which was allowed. The defendant
was thereupon arrested and held in custody, and
now comes into Court and moves that the attach
ment bo dissolved, and that he may be discharged
from castody. lie files an affidavit, in which he
avers that he is about to leave the Kingdom, for
a few months, in the exercise of his regular busi
ness as whaleman, for which purpose he proposes
to proceed to the Coast of California in the schoon
er Emma Rooke, of which he is first officer ; that
he expects to return in the Spring next ensuing,
when he intends to pay all legal claims against
him ; that ho has no intention to avoid or evade his
debts. He further alleges that the plaintiff has
the control of all the catchings of oil made by the
schooner Maria during last winter, and in which
the defendant has an interest, and which he is in
formed and believes to be amply sufficient to pay
all the legal claims which the plaintiff holds against
him. The defendant further alleges, that the plain
tiff has not instituted this suit for the purpose of
recovering the debt, as set forth in his complaint,
but to prevent him from prosecuting his intended
voyajre, in which he will compete with the whale
ship Harmony, owned by the plaintiff, and in which
the plaintiff solicited the defendant to ship for said
voynge.
The plain tiff files an affidavit, in which he avers
that ha has not sufficient means of defendants in
his hands to pay the demands he has against him,
and that the defendant has never made such claim
previous to this suit, and that he never solicited
defendant to ship on board the Harmony. lie fur
ther avers that the defendant has no ties in this
country to induce his return, that he is aware of.
Evidence was adduced, showing the amount of
disbursements of the schooner Maria for the whal
ing voyage to the Coast of California, as referred
to in the defendant's affidavit, and also of the re
ceipts from the sale of certain articles belonging
to the adventure, and returned in the vessel, and
the probable result of the shipment of the oil taken
by the schooner Maria, made to Bremen. Mr.
Ilackfeld testifies that the oil had been sold in ad
vance of arrival. It appeared further that there
were certain other articles of some value remain
ing unsold. As there were counter allegations in
relation to the validity osjthe claim, the Court de
sired to hear evidence, so far at least a to be able
to judge whether there was an indebtedness. Both
parties introduced such evidence as they thought
proper, and it appears, from the accounts stated
and the evidence adduced, that the defendent is
justly indebted to an amount about equal to that
of the note declared on. The Court will take this
occasion to say, that this amount is not in t,,e na
ture of an adjudication, for, whe11 the parties
present their case to a Court and jury, these pro
ceedings can have no influence or re'at'on bu,''
became necessary to know whether plaintiff
could make out a prima facie case. --ne ttourt
will further state that the defendant did not present
evidence in relation to some material items, of the
account to which he objected.
In support of the motion, the counsel for tne de
fendant contends, 1st. That the complaint was ,n"
sufficient in not alleging that the debt was "ue an"
unpaid.
The plaintiff follows the form prescribed by stat
ute he claims of defendant a certain sum of mon
ey, according to defendants note, setting it forth in
detail. I understand this claim to be of the
amount of the note due and unpaid ; and that al
though often requested to pay the same, he has rev
fused and neglected so to do. The counsel con
tends it is sufficient for a declaration, but not for
an arrest. Under th statute, the party filing a
complaint, and before process can issue upon it,
roust make oath to its truth, that he claims a cer
tain amount according to the tenor of a certain in
strument. Is not the oath a mockery, unless the
construction obtains that the amount as set forth
in the note or contract he claims as due and owing
him. The form being prescribed by the statute,
must be regarded by the Court, and so far as pre
cedents have been consulted, they sustain this con
struction. It is further contended that it is not alleged that
the defendant is about to leave the Kingdom with
the fraudulent intent to evade the payment of the
debt, and that an intended departure to a foreign
country in pursuit of one's legitimate business
does not subject one to the liabilities of the stat
ute, and that it roust be with the intent to defraud.
In the case of Taubuson vs. Harrison, 8 Vesey, 32.
It appeared that the plaintiff, an executor, moved
that a writ of ne exeat regno might issue, to res
train the defendant, his co-executor, from quitting
the Kingdom. The affidavit stated that the defend
ant was the Captain of a ship, trading to the Is
land of Barbadocs, and that he had collected a
great part of the property as co-executor ; that he
is going abroad, and the debt will be wholly lost
or greatly endangered. Lord Chancellor Eldon
expressed some doubts whether the affidavit was
sufficient, not alleging that he was going abroad to
avoid the demand. His Lordship observed, " that
this is a high prerogative writ, and is applied to
cases of private right, always with great caution
and jealousy, and that in this instance the defend
ant was only going abroad in the exercise of his
usual business, but upon the examination of the
precedents, it was found that since the time of
Lord Hard wick it had been sufficient if the affida
vit alleges that the debt will be in danger of being
lost, and the Court ruled that it was not necessary
to allege that the purpose of going abroad was to
avoid the demand, and made the order.
In this case the allesratien is that the defendant
is about to quit the Kingdom, having made no pro
vision for the payment of said note. Every coun
try has its own peculiar legislation ior the collec
tion of debts and the arrest of debtors for non pay
ment. In the case referred to. Lord Eldon, after
examination, did not regard it a sufficient answer
that the defendant was going abroad in the exercise
of his usual business. It is apparent that a debt
is in more jeopardy, if the debtor goes abroad, leav
ing no property, than if he remains at home in his
regular purruits. At a period, in the history of
English jurisprudence the writ of ne exeat regno
was regarded as a high prerogative writ, and was
issued with greater caution than at present,
and this for many reasons at thit time an
arrest and imprisonment for the non pay
ment of a debt, without assigning any special
reason, was legal. Our statute is far more liberal,
and prevents this, unless the party can prove cer
tain acts on the part of the debtor, so that under
the more liberal legislature of the present day this
is as much a writ of right as any other, when the
conditions of the statute are complied with. It ia
the ordinary process of Courts of Equity. The
statute under which this arrest ia made, prescribes
that it shall be lawful for the Court to order the
arrest of a debtor, upon a complaint verified and
du ' filed that the defendant has contracted a debt
in a fraudulent manner, or seeks to evade the pay
ment of any debt or any other liability due to such
plaintiff by secreting his property, or by trans
ferring, or intending to transfer the same to any
third party, or is about to removo the same out of
the jurisdiction of such Court, or is about to quit
the Kingdom. The statute very clearly regards in
a strict construction of its terms, that if one se
cretes his property, or transfers it to third parties,
or is making an effort to remove it out of the juris
diction, or if the debtor is about to quit the King
dom, that it is a seeking to evade the payment of
the debt, and the Court is empowered Dy proof of
either of these acts to order the arrest and deten
tion of a debtor. It is not an imperative duty
the Court has the discretion, on the examination
of the circumstances of each case, to decide
whether it is reasonable that security should be
given to abide the result of a suit, and pay the
amount of such judgment as may be rendered.
The Court will carefully examine, if the person
arrested desire" it, into the merits of the case, so
that he may not be detained on a groundless claim,
and for a malicious purpose. There would not be
the same reason for arresting a merchant in full
business, and in good credit who proposes to go to
San Francisco to replenish his stock, as there is
for arresting a person, who leaves the Kingdom,
without leaving any property to respond to a
judgment which may be recorded against him.
The examination of a case will enable the Court to
judge whether the rights of a party are endangered
by his debtor leaving the Kingdom, and if they
are, this is a proper and legitimate process. Tho
object and intent of the law is very clear, that the
subjects and residents of the Kingdom Bhall not be
compelled to send abroad to collect their debts
contracted here, and especially in the instance of
those men whose pursuits attract them from one
country to another. In this case each party ia
sanguine of the justice of his position, and each
has a right to a trial by jury, and while the de
fendant insists on this mode of settling the contro
versy, he should not absent himself without leav
ing property or security so that if a judgment is
obtained against him there will be means of satis
fying it. It would be doing injustice to creditors
herr, not to afford them at least this redress.
Under our laws a very great liberty is extended to
debtors, but it should be limited to the boundaries
of the Kingdom. It would be virtually a denial
of justice to compel our people to seek redress in
foreign countries. Here the debt ia contracted
here the testimony is, and here is the administra
tion of the law under which the contract was
made and would it not "be a virtual denial of
justice to compel our people to go to a foreign
country to employ counsel, take out commissions
to take testimony, and inform the Courts abroad
of the laws under which the contract was made,
and submit their case to a foreign tribunal. The
Passport law sustains this construction. It is not
an oppressive case for the defendant to give the
necessary security, if he is right in his view of tho
accounts, his sureties will have nothing to pay, if
he is wrong, he should pay whatever balance is
due. The plaintiff has given a bond to indemnify
him from all injury and damage arising from the
arrest, if he docs not sustain bis suit. The Court
sees no foundation for the allegation that the
plaintiff has instituted this suit to prevent the
defendant from prosecuting hi3 intended voyage to
the coast of California. His management of the
business, especially after the arrival of the Maria,
and her catchings of oil, has been especially re
gardful of the interest of his associates. By the
terms of the contract, it was not incumbent
him to pay the debts incurred in the enterprise,
such as seamen's lays, tic, &C, the oil might have
been sold, and if there was a sacrifice, the parties
must equally bear it. Instead of resorting to this
summary process, the plaintiff paid all the debts
and shipped the oil to Bremen, expecting a better
price than this market offered, all which would be
for their mutual benefit. His offers to take the
property remaining unsold are certainly fair and
liberal. In view of all the circumstances of the
case, I can see no reason for this harsh allegation
against the plaintiff.
Motion overruled.
Mr. Harris for plaintiff; Mr. Montgomery for
defendant. .
Death mtf Miaea.
The working of thr Enclish Mines. An En
glish journal, after valuing the total product of the
Vnines of Great Britain at JL1 1,491,192 per annum,
Rid computing that England's supply of coal will
ct at least seven hundred years longer, at present
rites of consumption, cives the following account
of the depth to whieh the bowels of the earth have
been pierced in England.
" The depth to which we mine for coal is already
great. The pit "at Duckenffeld, in Cheshire, is
2,005 leet below the surface to the point where it
intersects the Black Mine Coal,' a seam which is
four feet six inches thick, and of the best quality
for domestic and manufacturing purposes. From
this point a further depth of 500 feet has been
attained by means of an engine plane in the bed of
coal, so that a great portion of the coal is now
raised from the enormous depth of 2,504 feet. At
Pendleton, near Manchester, coal is daily worked
from a depth of 2,135 feet ; and the Cannel Coal
ofWiganis bronght from 1,773 feet below the
surface. Many of the Durham collieries are equal
ly deep, and far more extended in their subterra
nean labyrinths. Some of these, and others in
Cumberland, are worked out from under the bed of
the sea ; and on both sides of the island we are
rapidly extending our sub-oceanic burrowing.
"The Dolcoath tin mine in Cornwall is now
working at 1,800 feet from the surface, and is
rapidly sinking deeper. The depth of Tresavean,
a copper mine, 2,180 feet. Many other tin and
copper mines are approaching these depths ; and
under the Atlantic waves, in Botallack, Levant and
other mines, man is pursuing his labors daily at
half a mile from the shore. To aid the miner in
those severe tasks, gigantic steam engines, with
cylinder one hundred inches in diameter, are em-
Sloyed in the pumping of water from those vast
epths. Winding engines, which are masterpieces
of mechanical skill, are ever at work raising the
minerals from each dark abyss, and ' man engines.'
of consideration ingenuity so called because they
l . i . : . . i ,- , . r
uring nie weunea miner to me ugni oi aay, saving
him from the toil of climbing op perpendicular
ladders are introduced in many of oar most per-
leciiy conauctea mines.
Our coals cost us annually one thousand lives.
and more than double that number of our metalif
erous miners perish from accidents in the mines,
or at an unusually early age, thirty-two, from
diseases contracted by the conditions of their soils.
lij the industry of oar mininz nonalatioa there is
annually added to our national wealth, considera
bly more than thirty millions sterling. This.
when elaborated by the process of manufacture, is
increased ip yalue tenfold. While we are thus
drawing npon that boarded treasure, guarded by
dragons white and red,' which theencbanter Merlin
is fabled to have concealed in the caves of the earth,
we should not esase to remember, how much of
menUl labor and muscular power is expended, and
now large a per centage oi it u man life is annually
sacrificed in the contest with those hydraheaded
evils which are very truly personified by the dra
gons of the legend."