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HONOLULU, AUGUST 2, 1862. No, 14. ffitot fjfllpcstait : PUBLISHED WEEKLY AT HONOLULU, Hawaiian Islands. Abraham Fornantler, Editor. j t EBusiness CcirDs. CHAS. R. BISBOr. WJt. A- ALDRICH. BISHOP &. CO.. BANKERS, Office the Ea.t earner r'Makrr'i Block, Kmkiniiii atreet, Honolulu, Draw Bills of Exchange on Messrs. Grinncll, Minturn A Co., New tort; uenry a. reirce, f.sq., Boston ; and Messrs. Morgan, Stone St Co., San Francisco. Will receive deposits. Discount first class business paper, Attend to colk-ctiug, tc. Ac. Ac. 3-tf H.A.AIdrieh. J.S. Walker. S.C.AIIeu. ALDRiCH, WALKER & Co., Importers and Commission Merchants Dealer in General Merchandise, mud Agents lor the Sale ol Island Produce. ALSO Agents for the Lihue, Metcair, and Princeville Plantations. 3G-ly. JOHN THOMAS WATEEHOUSE, Importer and Dealer in General Merchan dise, Honolulu. II. I. REFERENCES. His Ex. R. C. Wyllie, B. r. Snow, Esq., V. A. Williams A Co., Chas. Brewer, Esq., Wilcox, Richards A: Co...... Iiiniond A Son.............. Thos. Spencer, Esq., H. Dickinson, Esq., ........ B. Pitman, Esq., McRuer At Merrill C. W. Brooks & Co., G. T. Lawton, Esq., Tobin. Bros. A Co........... Field St Bice, ......Honolulu. lo do do do do Hilo. ...... Lahaina. .San Francisco. . do do .. do do . do do . do do New York. .270 lyl gflRRM A3 PECK, Honolulu. CHAS. H. LCXT, Boston. B. A P. CARTER, Honolulu. C. BR E AVER & CO. Commission and Shipping Merchants., Honolulu, Oahu, II. I. RLTER TO Jobs M. Hood, New Tork. Jmti Hckkewcix, Esq., J Charles BacwiR, Esq., V Boston. II. A. Pierce, Esq., ) M ems. McRc & M ...iia. g Frlncisco Ch4s. Wolcott Brooks, Esq., Messrs. W. Pl-stac 4c. Co., Hongkong. Messrs. Peele. Hub bill 4c Co.. Manila. 90-tf MELCIIERS k CO., Importers and Commission Merchants Stone Store, Kaahnmana Street, Corner Merchant, AGENTS FOR THE Hamburgh-Bremen Fire Insurance Company; Pioneer Flour Mills, San Francisco; Sale of Asegut St ReinhardlV salt beef; Sale ot sugar, mclasses and other Hawaiian produce. Consignments respectfully solicited, and all orders from the other islands and abroad promptly executed. GCST. C. MELCIIERS, Bremen ; J. l. VVH'KE, Honolulu; . IS-tf F. A. SCHAEFER, Honolulu. JANION, GREEN & CO., Commission IHcrdjants, Fire Proof Buildings, Queen Street, iioxoL.UL.ir. oa nr. s. i. 52-tf. B. F. SNOW, DEALER IN GENERAL MERCHANDISE. Honolulu, Oaha, II. I. H. VOW HOLT, C TH. HECCK. Von HOLT & IIEUCK, General Commission Merchants, Itoaoialn.Oahi. . I 33-t" II. IIACKFELI) Ar CO, General Commission Agents. Heaelala. Oaha, II. I. 35-tf IlK'L. K. CASTLE. AMOS S. COOKS. CASTLE & COOKE, Importers & Wholesale and Retail Dealers in General Merchandise. Ageals for Dr. Jarae's Mediciiea. C. BREWER 2d, General Merchant and Agent for the sale of the products or the Brewer Plantation. H-'y A. S. GKIiYBAUM & Co., 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 l.y W. A. AI drich, Esq., fronting on Wueen street, Honolulu. Oahu. JOHN RITSON, DEALER IS W1XES, SPIRITS, AXE & PORTER. 4 tf Honolulu. VM. WEBSTEK, Land Agent to IIU Majesty. OAsee tm the Kiai;Garlesi, Berilaaia SfJ'1 CSODFUEY KIIODES, WHOLESALE DEALER l WINES and SPIRITS. ALE and PORTER, 41 nr the Po.l -Office. Honolala. ftf SATkT'L H. DOWSETT, LUMBER MERCHANT, Will furnish Building Material of every description, at low prices. , jy Orders from other Islands solicited. Yard On corner .1 Fort and Queen streets. 38 tr GEORGE G. HOWE, Tjiimbcr Merchant Lamber Tar Ceraer of Queesi and aa St. the Paaehara' I rem ! 34 tf UTAI & A II EE, Wholesale Merchants, AND Agents for the Aiko and Iwo Sugar Plan tations, Hilo, Hawaii. S3 KING STREET. HONOLULU. t? C. II. L EWE US, Lumber and Building Materials, Fort St., Honolulu. 14 tf D. N. FLITS E R , CONTINUES bis old business at the new store on Kaahumanu street. Chronometers Rated by observations of the sun and surs with a transit instrument accurately adjusted to the meridian of Honolulu, particular attention riven to line watch repairing. Sextant and Uu ad rant glasses silvered and adjusted. Charts aad Nautical instruments constantly on band and for sale. - 88-tf W. FISCHER, Cabinet Maker and French Polisher, Hotel street, opposite the Goverainseait flotine 4e it Oustncs0 iarus. THOMAS SPENCER. SHIP CHANDLER, DEALER IN GENERAL MERCHANDISE. Island Produce, ic, Ac., and Commission Merchant, cxTiortf's bay, nrxo,ir.i. Will keep constantly on hand, an extensive assortment or every u, Buuu. i'iun tru uy .-nips ana others. KJ- The highest price paid for Island Produce. Money advanced for Bills of Exchange at reasonable ru ta .... i tr CALIFORNIA LLOYDS. MARINE INSURANCES. OFFICE, Southwest corner or Washington and Battery Street. THE UNDERSIGNED ARE PREPARED TO issue "Marine Insurance Policies," each being resousille for the sum written on the Policies agaiust his own name only, and for himself and not for others or any of them. JoH!t Parrott, Gkorc.k C. Johnson, N. Ll'NIKG, James I'hklan, LafaTette Matsard, James Donabfe, Wiixi.m E. Barro. James Otis, James B. Maquis, J. Mora Moss. ALDRICH, WALKER &. CO., Agents, SI tf Honolulu, II. I. F. S. PRATT & Co., Importers and Wholesale Dkalers im WINES, SPIRITS, MALT LIQUORS, TOSACCO and CIGARS, HONOLULU, S. I. REFER BY TERMISSIOX 5 0 Messrs. C. A. Wii.uams k Co., Honolulu. " Wilcox, Kicharrs b. Co..... C- Brewer in. Em)., " A. J. Cartwright, Fj.. ............ ....... J. D. Richards k Soks Boston, IT. S. H. Webster x Co., San Francisco. . J. Spalding, Esq., Salem, U. S. GEORGE CLARK, BOOT AND SHOE MANUFACTURER! Hotel Street, between Nunanu and Mauna Kea Sis. CHUNG HOON, WHOLESALE & RETAIL MERCHANT, Importer of China and other Goods; dealer in Sugars, Molass es, Coffee, Kice, Fungus, Ac. On King street, next door to Messrs. Castle k Cook. 4'Jy Chas. F. Guttlou, ZtZ. D., LATE SURGEON UNITED STATES NAVY Late Contain r Phyvicia a to America Seantra, AND OKNERAL PRACTITIONER. OFFICE corner of A'aakumamu and Merchant streets Residence at Dr. Wood's mansion, Hotel street. 3r- Office hours from II A. M. to 2 P. M., at other hours inquire at his residence. 3G-tf R. E. WAKEMAN. Contractor of Building and Jobbing. JgT" ALSO Wlieelright, Carriage Making and Repairing. King street, Honolulu, opposite me city market. 43 tf B. F. EHLERS, DEALER L DRY GOODS, SILKS, &c. FORT STREET, HONOLULU. 60y J. O'NEILL, Painter, Paper-Hanger, &c. Opposite Lewis k Norton's Cooperage, Kingst. 50 ALLEN U BERRIII, SUCCESSORS TO GEORGE V. JI.U:V, Will continue the General Merchandise and Shipping busi iiess at the above port, where they are prepared to fur nish the justly celebrated Kawaihae Potatoes, and such recruits as are required by Whale Ships, at the shortest notice and on the most reasonable terms. 9 tf J. WORTH, AUCTION & COMMISSION MERCHANT, AND DEALER IN, GEIJERAL MERCHANDISE. f gf" Ships supplied with Recruits and money advanced on Bills of Exchange. HILO, Hawaii. 3 7 CALIFORNIA MUTUAL MARINE INSURANCE COMPANY, SAN FRANCISCO. THE UNDERSIGNED having beea appointed Arrnta for the above ComDanr. beg leave to inform the public that they are now prepared to Issue MARINE INSURANCE POLICIES On cargo, freight and treasure to all parts of the world. ll . n.itaiMiU a w Honolulu. Aug. 21, 1861. 17-tf Sisterhood of the Sacred Hearts. Fort St, near the Catholic Church. THE FOURTH ANNUAL SESSION of l hi Institution will commence on August 2d, IStfJ. f i : - e ..li.mn. il.-niirti i n 'i f ii in will tw ailmiL. 1 UUII UUICI ' l "II J .,.vua " ... . ted, provided it be previously agreed that they will conform to the general reguiaiione oi uie nouse. The course ot Education tor uoaraers win comprise neauing, -.: ! ... . Pj,mnn,iliAn Pl.w.it inn . A riihmetir.- iititir- Illlll, VJIIHIII". , i , ' " ' " raphy. use of Globes, History (sacred and profane). Chronology, BdytnoiOgj, togic, rrcntu uu v. u.ufiu.tiv.1 . - Ing, Music (Vocal and Instrumental), Drawing, Painting, and all kinds of Fancy Needle-Work. The Sisters being aware that all education is Impel feet without the knowledge of the Law of God, will devote themselves with . v i ..i . .... ... tn ik. pitirinns instruction of their Catho- UIC :nwn. ir'iuiv.. r- . - - - lie pupils, without neglecting to inculcate in the minds of the . i .i 1 n;nin nf ?hri.ti&n nior&litv. The most OUICI .U5 unuti f -. - " conscientious attention will be given to form their manners and to train them up to nanilS OI oruer, nemoes sou iuuujuj. The diet will he wnoiesonie ana buuihmuw L wi. r nl,.kiu will li th. ohimrt of onnstant and ma. 1 IIC IIWUI w - - - - - ternal solicitude, and at all times they will be under the immedi ate supenntendance oi tneir ceacners. TERMS. BOASD k TOTTIO'S, per Quarter of Twelve "Weeks, $45. Music, Drawing, Painting, German Language, ana Amnciai Flowers, will form extra charges. T&- So extra charge tor the rrencn mnguage. ,A M.j..iirfApl In .Hviiin. Pfinnni restilinr rivoictiH . m -' ' j 7 - " at a distance are requested to have a responsible agent in the city of Honolulu. No reduction made In case of children being withdrawn before the expiralion of the quarter. Tuesdays and Saturdays will be the appointed days for parents to visit their children. On the 6rst Saturday of each month the Boarders will be al , n with thpir n.rpnts or iruarriuLDS. but never with IUWM P " " " . , . , . anv other, without a written permission from said parenta or guardians, iney musi rciuru iv mc cmauiwuiut". w.va w o'clock, P. M., the same day. Postage, stationery, washing and mending. Doctors feet and medicines, will be chargeable to the parents. Hot lunner particulars, appucauuu tunj tc w akia Joskpha. 7 THE PERMANENT establishment of the " Star of the Pacifie," (Hoku o ka Pakipika), newspaper to be printed in the Hawaiian language, having become a filed fact, the undersigned respeetfull notifies those desirous of availing themselves of its columns as an advertising medium, that its issue will De on tnursusyoi r- the edition to be printed is over two inous.nn copies, i eru.s reasoaable.aad advertisements translated gratuitously. G. W. MILLS, Manager. ET At the Polynesian Office. -',f For Sale. ADVERTISE iMTISfi ! A T THIS UFTICE Counting Honae Almanac and.Hawaiian Register. r foreign bucrtisnncnts. CHAS. WOLCOTT BR0OK8, W. FRAXK LA DO, EDWARD P. BALL, JR CHAS. W. BROOKS & Co., IT lllil .VMM 1 1 1 1 1 1 1 1 1 1 1 MUlUil jlUllUlIilll 1 U I 113 3 SANSOMI3 St., SAN FRANCISCO, CAL. tW 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 whaleships' and the negotiation of Exchange. ' 93-EXCHANGE ON HONOLULU in sums to suit. ADVANCES MADE ON CONSIGNMENTS. REFER TO B. F. Ssow, C. Rrrwcr Sc. Co J.S. Walkk . H. Hackfkld & Co., ................. T. SniNeta,. James Huksewell, . ..... ..... ... Htvii A. Peirce, Chas. Brewer, Thaver, Bkk.ham Sc. Fikld ScttoS k Co., Sivikt Sc. Allkx, 33 tf .Honolulu. .Hilo. Boston. ..New York. .N. Bedford. D. C. McllUER, J. C. MERRILL. McRDER & MERRILF AND 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 secie under open policies, supply ing whaleships, chartering ships, etc. 117 and 119 Caliiorniii.street, SAN FRANCISCO Cal. Messrs. O. C. Wjteimh Sc. Co., .... " :. P.REWEa k Co., Capt. B. F. Ssow, A. P. Everett, Esq.,' Messrs. Gilm aw k Co.,.. B. Pitva. Esq. . ..Honolulu .Lahaina. .Hilo. 123-tf A. P. EVERETT, VICTORIA, V. I. REFERENCES : McftFFR k Mkkrii.l, .......... C. AV.IIroiiks Sc. Co Messrs. u His Ex. .San Francisco. .Honolulu. II. I. R. C. Wtllie B. r. Snow, Esq., Messrs. Auiricb, Walkkr k Co., 48 tf IlICJ Co., Shipping and Coiuniission Itlcrcliants, DEALERS IN SHIP ClXArTPTiTTRTTiS, IIAKODADI, JAPAN, "ril ATTEND TO THE aalea of Merrhaa- T ? dise, as also to the purchase ami shipment of all kinds of Goods exported from that country. Mr. RICE is the Commer cial Agent for the United States at that port, and having already resided there for about five years, is enabled by his acquaintance with the country, to offrr many advantages in the discharge of any business that may be entrusted to their House. REFER TO W. T. Colemas 4. Co., John II. Aliirich, Esq.,..- I. IIuwlami, Jr., Sc. Co., Charles Situder Sl Co., Aloes Sampson, Esq........ Richard l. Rice, Esq Mct'oSDRT St Co., C. Wolciitt Brooks Sc. Co...... U. C. Watermas Sc Co., Alkrich, Walker k Co....... 4a if New York, .4 New Bedford. .... Boston. Augusta, Me. .......San Francisco, Cat. 44 " .............. Honolulu, S I. MESSRS. C. A. FLETCHER & CO. COMMISSION MERCHANTS G E X E R A L "a GENTS IIAKODADI, JAPAN, BEG TO INFORM OWNERS AND MASTERS OP SHIPS about to visit the port of Hakodadi, that they are prepared to take Consignments and do business on the usual terms. By arrangements with Home Insurance Offices, Messrs. FLETCHER A. CO. can take risks on Oil, or other shipments of Produce hence. II akodadi, Yesso, Japan, 4th July, 1 $59. 1 8 tf CHARLES BREWER, COMMISSION MERCHANT, Beaten, U. S. 35 tf 93- Referto R. W. Wood and C. Brewer 2d. WM. FAULKNER & SON, 131 SANSOME ST., SAN FRANCISCO, t GEXT FOR JAMES CONNER & RONS, V. S. A Type Foundrv.and Dealers In all kinds of Printing Materials. fX7" Printers will end it to their advantage to call on us be- ore purchasing. 8 1 J On Sale ; EX RECENT ARRIVALS ! THE FOLLOWING CHOICE ASSORTMENT OF GROCER IES, at the store of the undersigned : Preserves Fresh apples do quinces do peaches, do Pears Raspberry jam Cranberry jam Strawberry do, ice, kc, Ac. Mince meats Sage Sweet savory Summer savory Curry powder Ground cassia do black pepper Whole do Pimento Ground cloves do ginger Cream Tartar S. C. Soda Fresh raisins do currants In tint IFresh oysters do lobsters Sardines French capers English pickles do pie fruits do sauces do mustard Prench mustard Hops oap Tins of water, butter, sugar. oyster, soda and wine crack ers Smoked hams do herrings Best Oolong tea Preserved salmon Green corn Crashed sugar Loaf do jHazall Sour I Ac. Ac. Ac. N.B. Freah lain ad Batter mnU Graand Coffee always est ka.d. 17 tf H. McINTTRE. 100 BARRELS ONLY ON HAND ! Of the well known I PACKED BY E. KUULL, at Kealia. For sale by 83tf Yon HOLT A HEUCK. Corner Fort and Merchant streets. NOTICE. LL PERSONS ARE HEREBY NOTIFIED THAT THE A privilege of gathering Pulu, Fungns 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 con tinuation of this privilege), has been this day granted to Mr C. C. Harris. L KAM Ell AM Ell A. Home Department, 30th July, 1659. 15 tf mmwwMm A V. II. Ill mum warn (MISSION ICHIT MM BEEF uevtiscmcnts. BOOK & JOB Printing Office! ABRAHAM FORNAKDER, BOOK AND JOB PRINTING IN EVERY VARIETY OT STYLE, Executed ijromptly and neatljr ON THE MOST FAVORABLE TERMS. WE HAVE A MOST VARIED assortment of material apiiertaining to a complete Printing Office, and we would particularly call the attention of our friends and the public generally, to our large and beautiful assortment of Plain, Orna mental and Illuminated And Plain and Fancy NOTE and other Papers, which those desiring a really good article, neatly printed, are esieci:illy invited to call and examine. POSTERS, BLANKS, BILLHEADS, BILLS LADING, CONSULAR BLANKS, BLANK RECEIPTS, BUSINESS CARDS, ADDRESS CARDS, CIRCULARS, BILLETS. In fact, any kind of Printing, either Plain or Ornamental, on any quality of Stock that may be desired, on terms as rea sonable and in a style equal to anything ever executed In Honolulu. Our specimen books are open to the inspection of the Public, who are respectfully invited to call and examine for themselves. 5)3-N. B. A kinds of FANCY PRINTING in Colors and In Bronic, done wij-wure and in a style not to be surpassed on these Islaml; TABLES OF POSTAGE TO FOREIGN COUNTRIES The Asterisk indicates that in cases where it is prefixed, miles the letter be registered, the prepayment of Foreign Postage i optional; the Hawaiian Postage to be prepaid in all cases. baw. c. 8. total. United States, East, 5 12 II San Francisco City, 5 8 8 Inland California, Oregon A Utah Ter, 5 5 10 Mexican Ports, 5 12 1 Panama (Sew Grana Ji), 5 22 87 Peru, S 84 29 Bolivia, Chile and Equador, 5 86 41 Canada A Brit X American Provinces, 5 17 22 Great Britain, 5 81 86 German Statt-s, Prussia and Austria, 5 82 37 Russia and Poland, 5 89 44 Belgium and Holland, 5 2 2S Laucnhnrg, Iinihanly and Altona, 5 85 40 Benniark. Hobtein and Switzerland, 5 87 42 Norway, 5 4S 53 Sweden, 5 44 49 Brazils, 5 47 52 Canary Islands and Maderia, 5 67 72 Cape of Good Hope, 5 8S 4(1 Cape Ie Verd Islands, 5 67 72 Cuba and British West Indies, 5 22 27 West Indies not British, (except Cuba) 5 46 51 St Thomas, 5 80 85 Azores, (via Southampton and Lisbon) 5 65 ill St Helena and Mauritius, 5 85 40 Ports in the Pacific by Ships direct, 5 All letters to and from foreign countries, (France and the Brit ish North American Provinces excepted), are to be charged with single rate of postal.''-, if not exceeding the weight of half an ounce; double rate if exceeding half an ounce, but not exceeding an ounce ; quadruple if exceeding an ounce, but not exceeding two ounces, and so on, changing two rates for every ounce oi fractional part of an ounce over the first ounce. To France and Algeria. Foreign postage on letters for the above countries is 15 cents not exceeding the weight of hi ounce ; double that rate if exceed ing .V ounce but not exceeding ounce, ami so on, an addition al rate being charged for each V ounce or fractional part of a V ounce, with the addition of Hawaiian postage, at the rate of 5 cents for each 4 ounce or fractional part of a ounce in weight, with 2 cents sea postage added to the total amount. By Sarf .Villi to ilrtnt Britain direct. Hawaiian Postage only, collected at the rate of T cents for each ounce in weight, Ptudaae on 2feirpaprs muxt be prepaid. HAW. Any part of the United States, 2 Grrat Britain, 2 France, 8 German States, 2 British North America, 2 Pacific South American Ports, 2 Mexico and Panama, 3 Islands in the Pacific Australia, China V. 8. TOTAL. 1 8 8 8 1 6 8 and Last Indies, by Ship direct, 8 Pamphlrt and Bouwl Volumes. Hawaiian Postage only, collected on pamphlets and bound vol umes to all foreign countries. For each pamphlet containing 40 pages or less, 4 cents. " " " " from 40 to 150 pages, 8 " For bound volumes, 3 cents an ounce or faction of an ounce. Newspapers and periodicals to foreign countries, (but particu ticularly to the Continent of Europe,) must be sent in narrow bands open at the sides or end, otherwise they are chargeable with letter postaee. A. K. CLARK, P. M.J7. Post Office, Honolulu, Aug. 1st, 1S59. NOTICE. YITHEREAS 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 the Government, by parties who claim or pretend to claim right under bills of sale from His Maj 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 Govern ruent, and whereas all parties having legal claims on the said wild cattle have already had time sufficient, if they have used tue diligence to remove the same : Now therefore, the undersigned hereby gives notice to all par ties who purchased wild tattle running on the mountains on Ha waii, previous to the 1st day of January 157, 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 omce, I L. KAMEUAMEHA. Jan. 24, 1S&S. I 4S-tf NOTICE! THE nnderninefi bee lo iaforns their frleoM 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 JANION Ac GKEKN, for the transsction of a general Commission business. Particular attention will be piad to consignments of Saudwich Island produce. JANION, GREEK At CO. Honolulu, May 10. 1559. J-tf Wanted. WnnO LBS TAMARINI jUUVjcribcr will pay 3 cent. DSThe nab. per pound for Tam- arinds in the shell, or 5 cents ' ithout the shell. ' ntf FREDERICK HORNE. ffilwj gfllpcshm. SU1-JIEJIE COURT In Equity. Isaac Montgomery vs. Daniel Mostcomeky. Chancellor Ai.les delivered his Decision as follows : This is a suit in equity, in which the complainant avers that M. Kekauonohi executed and deliveied a deed of conveyance to him, of a tract of hind called Puuloa, on the 17th of i?epteniber, 1849, and that, on 15th day of the same month, he caused to be indorsed on the said instrument the following : " For and in consideration of the sum of eight thousand dol lars, to me in hand, paid by Charles M Vincent, of Honolulu, island of Oahu, Hawaiian Islands, the receipt whereof I hereby confess and acknowledge, bargained, granted, assigned, sold and transferred to the said Charles M. Vincent, all my right, title, interest and estate, of in and to the within described es tate ; to have and to hold the same to him, his heirs, executors, administrators and assigns forever. In witness whereof I have hereunto set my hand and seal, this 15th day or September A. 1. ls4'J. (Signed.) ISAAC MONTGOMERY. In presence of Frak Maxim, J. O. Cartkr. The registry of the deed and the assignment bear date the 4th day of November, 1854. He further avers that the said Vincent never paid him the consideration a? alleged, but held the estate in trust fur the ue and benefit of the complainant, receiv ing for his said trust and management one-third part of the profits of the estate. It is further alleged in the bill, that the stock and furniture were purchased by the complainant, or by his funds ; and further, that the estate was mortgaged by said Vincent to I. F. Angel, for the sum of five thousand dollars, and that the money arisiug there from wits received by the complainant and said Vin cent, and that the latter gave bis note for the amount he had received to the respondent, who, on the 20th of July, sued said note and received judgment thereon ; aud further, that said mortgage was paid by raising money on the estate. The complainant further alleges, that the respondent, his brother, was induced to come to this country by him, that he paid his passage hither, and that he ar rived here on the 17th of February, 185-3, in very des titute circumstances ; and that, on the 20th of June of the same year, said Vincent, by the request of com plainant, executed a deed to the said respondent, of said estate, for and in consideration of $15,000 (fifteen thousand dollars) ; and he further avers that the con sideration was nominal, that no money was paid to Vincent by respondent, that he was at the time without menus, or credit, and that the object of the deed was that the estate might be held by him for the benefit of the complainant, who says that there was no verbal agreement with his brother that he should draw from the receipts of the property one hundred dollars per month ; and that, at the end of each year, the respon dent should receive for his services one-third of the profits of the business, and the complainant two-thirds ; and that the one hundred dollars per month was to be accounted for on final settlement ; that the respondent continued to pay him money, but no settlement has been made ; but of Lite he refuses to pay him anything, and denies that complainant has any interest in the es tate ; and the complainant further alleges that it was expressly understood and agreed, that when be might desire it, the said estate was to be conveyed to him, or to whomsoever he ruiht direct ; that he has made re peated efforts for a settlement, but without success ; that the respondent has offered only to give his notes secured on the estate for ten thousand dollars, payable in seven years, which he regards as wholly inadmissi ble, as the estate cost him fifty thousand dollars, besides many years of toil and care, since 1842. Wherefore, the complainant prays that said respon dent may be summoned to answer, and to render an ac count of the dealings and transactions appertaining to the Puuloa Salt Works from the 10th of June, 18o5, till the day of filing the account ; that the amount due complainant may be ascertained, and that respondent may be decreed to pay the same, and also to bting into Court all the books and papers aud accounts apper taining to the estate, and that he be ordered to convey the estate to complainant. The complainant further avers, that said respondent is carrying away and selling the salt produced on the estate ; and that he is intending to alieuate the pro perty on the estate, to the injury of complainant ; and he further prays that said respondent may be enjoined not to sell or dispose of the said laud, or any part there of ; or to sell any of the stock or other property there on ; and that respondent may be ordered to deliver up to complainant the estate and other property. The respondent, in his answer, admits that M. Ke kauonohi did execute and deliver a deed f Puuloa to the complainant, and that he transferred the same by a certain instrument made on said deed, to Charles W. Vincent ; and that the registry was made on the 4th of November, 1854, as alleged. The respondent further says that he was a resident in England at the time of the date of said deed, and has no personal knowledge of the facts or circumst mces attending the said transaction, or of the consideration paid by the said Vincent for said property, but is cred ibly inf rmed and verily believes, that the considera tion of eight thousand dollars, as specified in said deed, was paid to complainant by said Vincent ; and especi ally is he confirmed in this belief, from the fact that the complainant has never intimated that said consid eration money had not been paid him. " Defendant further answering saith he has no per sonal knowledge whether the complainant, as in bill alleged, continued until the 21st Juue, 1855, to enjoy a large or any portion of the proceeds of the said es tate, or whether the same, if true, was, or was not, ac cording to an agreement in bill alleged, as between the complainant and the said C. W. Vincent; or whether the said Vincent in fact held the estate in trust for the use or benefit of the complainant, as in bill alleged ; or whether said writing was m.ide for the purpose of en abling the said Vincent to manage the said estate more effectually, for the use or benefit of the complainant ; or whether the said Vincent received for his alleged management one-third or any other, or what part of the proceeds, of the said estate, but saith this defendant is credibly informed, and verily believes, and therefore avers, that all the said above last-mentioned statements and allegations are without any found ition in fact, and were never alleged by the complainant, in anj of the intercourse between them, since defendant arrived in this kingdom." The respondent further avers that he does not know whether the furniture was furnished by the complain ant, or with his funds, but believes that it was the property of said Vincent, for the reason that complain ant never made any claim for it ; that the stock of cattle were sold by the express order of the complain ant, at auction, for the purpose of raising money to pay costs and expenses of a prosecution, which had been pending agiinst him ; and that the respondent purchased the same, and paid the money for the pur poses aforesaid. The respondent admits the mortgage of Vincent to Angel, and believes it to have been made by him as the sole and bona fide proprietor of said estate, but denies that Vincent gave him bis note f r any part of said loan, but that the note on which the respondent ob tained judgment against him was for an entirely differ ent consideration, and wholly unconnected from the Puuloa estate. The respondent further says that the mortgage re ferred to in the bill, to Angel, was paid by his note and mortgage to said Angel. He admits that he came to this country at the intimation of complainant, bat de nies that be came in destitute circumstances, for he was skilled in the art of ship building, as well as having genera business qualifications and with sufficient means at his command to establish himself indepen dently of his patronage ; and he further says that he does not know whether said deed from Vincent was executed at the request of complainant, but denies that the sum of fifteen thousand dollars, as stated, as a con sideration in said deed, was merely nominal, but states that it was the price at which be purchased the estate of said Vincent, who sold him the same on time, se cured by his negotiable notes and mortgage of the es tate ; and he denies further that the intent and object of the conveyance was that he should hold the estate for the use and benefit of the complainant, or for the pur pose of enabling himself to manage it with more facili ty, for the use and benefit of complainant. The respondent admits that he did not pay any money to said Vincent, on account of said purchase, for by the terms of the contract nu part of the said pur chase money was payable in cash, but the whole amount was received as before stated, and said Vincent informed him that he had transferred said notes and mortgage to the complainant for a valuable coosidera tion, soou after the purchase, and before anj money had been paid. And this defendant further answering saith he de nies the allegation in said bill, to the effect that any agreement, either verbally or in writing, was ever made? between the complainant and this defendant, by which complainant should draw from the earnings ox receipts of the Puuloa property a sura of 100 per month, or any other sum of money, or by which the complainant was to have any interest in, or share of, the profits of said property or establishment, or that defendant was to keep any account, or make any settlement with com plainant, in relation thereto, as in bill alleged ; and also denies the allegations in said bill that this defen dant, for a long time, or at all, continued to pay, or ever paid to the complainant, any sum of money, on such pretended agreement, or for any share or in terest in Puul. establishment ; but saith that this de fendant did pay, from time to time, very large sums of money to the complainant, as holder of the said pro missory notes and mortgage." The respondent answers and says that the house placed on the estate by complainant was so placed by his request , and not in the exercise of an undonbted right ; and further, that the complainant has never been accustomed to examine the booUs containing an account of the business of the said estate ; n r has he ever made a request so to do since respondent pur chased the estate. He further denies that there was any understanding and agreement with him that he was to convey the estate to the complainant on his re quest, or to any one whom he might direct. The respondent further answers that the complain ant has not made any attempts to obtain a settlement with him, in relation to said estate, or the business connected therewith as alleged, or pretended any right to a set tlement in relation thereto. The complainant replies that he does not Jtnow whether the respondent executed notes to said Vincent for S 15.000, secured by mortgage ; neither does he know whether they were transferred to him by indorse ment or assignment. The repliant further avers that if -they were executed, it was for form only, and no such mortgage is recorded ; and further, that for a year from October, 185-5, the defendant had possession of all the papers belonging to him, and that, if such papers were executed, and in existence, they are in possession of the defendant. The complainant replying, further avers that the sum of $145 was never paid by the defendant, and received by the complainant for cattle ; nor were the cattle ever sold by plaintiff or bought by the defendant ; that many more cattle have been bought since said ad vertisement for sale, by property, on the estate belong ing to complainant, and have been taken for debts due to him ; and further, that all the averrmenU in com plainant's bill are true. Upon the coming in of the answer, the counsel for the respondent moved to dissolve the injunction, which had been granted, to restrain the respondent from con veying the real estate and the personal estate thereon. And contended that the injunction should not have been granted, and ought to be dissolved, on the ground that it is not alleged in the bill that the defendant in tends to alienate the real estate, but only the personal property thereon ; or that it is in the knowledge of the complainant that respondent intends to alienate the property. Neither does the bill allege it, on informa tion and belief ; but it alleges only that the plaintiff has reason to believe, not that he does believe, that the defendant is intending to alienate property on the es tate. It is very true that an injunction must be specifically prayed for in the bilL It is the uniform practice not to grant this remedial process, unless it is so. This constitutes an exception from the general doctrine, as to the efficacy to the prayer fr general relief ; and there is some reason for this exception, for it has been truly said that the defendant might make a different case by his answer against the general words of a bill, from what be would have done against the specific prayer for an injunction. The injunction in this case was prayed f-r specifically in the bill, and this prayer was based not upon any averment of knowledge of the intention cf the respon dent to make sale, but upon the alleged merits of the bill, and the leal apprehension that the respondent might be induced, by the suit, to place the title of the estate in other persons. The allegations, as contended for by the respondent, would strengthen the prayer for an injunction, especially if supported by affidavits, be cause there would be reason for dissolving this injunc tion, if it was in proof that the respondent was negoti ating to sell and convey the estate, either real or per sonal ; except the personal estate in the ordinary course of business. If the allegations in the bill are true, the respondent should convey the estate to the plaintiff, for he holds it in trust, at the will of the complainant, and after de mand, the respondent should state bis account, and make his conveyance, and there would be perfect justice in restraining the sale under such a state of facts. I do not regard the allegations in cases like the present, as necessary as contended for by the respondent's counsel, of knowledge that he intends to selL If such intention is necessary to be alleged, it is necessary to be proved. Those most adroit ana skilled in fraud would be careful not to permit any intention to be discovered. But, when the allegations are based on the fraudulent conduct of a p .rty, as a matter of precaution, an in junction may be issued, although the party cannot prove any effort r intention to sell. I do not regard the authorities cited by the respon dent's counsel as sustaining the position assumed by him. It would be a restraint upon the action of the Court, by which innocent parties might seriously suffer. While Courts should be certainly careful in issuing writs of injunction, it should not be placed within the power of an adroit and skillful man to prevent it, by taking a course which would prevent proof of a know ledge of his intention to sell. But, I regard the grant ing or refusal of an injunction before answer as a mat ter resting in the sound discretion of the Court, in view of the nature of the case, and of the whole allega tions in the bill ; and I regard a specific prayer for an injunction in this case as sufficient, without the allega tions as contended for in the bill. There are many cases when this intention should be alleged and proved before an injunction should be imposed on one's busi ness, but this is not of that class of cases. X know of no authority which makes it necessary in, a, case of this character, and if there was, I should hesitate to follow it in all eases, for it might lead to great inconvenience, additional expense of litigation and delay, ndt P61" haps, irreparable mischief. It is contended further that all the equities of the bill, bavins been fully and unequivocally denied by the answer of the respondent, that therefore the injunction Ought to be dissolved. It is undoubtedly true, that if the whole merits are satisfactorily denied by the an swer, the injunction is ordinarily dissolved. But there are, as M r. Justice Story s ys in Poor rs. Carleton, 3 Sum. Rep. , 74. exoeptions to the doctrine, and these for the most part are uniformly resolvable into the princi ple of irreparable mischief, such as cases of asserted waste, or of asserted mismanagement, in partnership concerns, or of asserted violations of copyright, or of patent rights. In cases f this sort the Court will look to theViole circumstances, and will continue or dis solve tue injunction in the exercise of a sound dis cretion. He says further : " I confess that I should be sorry to find that any such practice had been established as that a special injunction should be dissolved upon the mere denial by the answer of the whole merits of the bill. There are many cases in which such a practice would be most mischievous nay, might be the cause of irreparable mischief. The true rule seems to be that the question of dissolution of a special injunction is one which, after the answer comes in, is addressed to the sound discretion of the Court- The answer to a bill is, regarded as true until dis proved, and it is a general principle of law that an in junction will not be continued when it denies all the equities of the bill. Hoffman at. Livingstone, 1 John, Ch. 211 ; 4 HM 2& Neither will it be continued when the answer defeats the grounds upon which the injuno tion was based. Orr rs. Littlefield, 5 Woodbury & Minot, 13. The answer responds to the bill positively in all its material allegations. It denies the allegation of trust, of receiving the conveyance for a ocmiual consideration,'