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TJLE I'ACIFIU COM3LERCJI.A U ADVERTISER: nON()I II LUTEBKUAItY !2G, 1895.
G In the Court of the Ha waiian Islands. Decemdeh Tei:it. 1891. nronE JITDD. C. J.. EICKERTON, J , AND CIBCUIT JUDGE COOPER, WHO SAT IX PT.AfTE OF MR. JUSTICE KREAB, AB SENT KROSI ILLNESS. P. M. Pahckcla, pLAiNTirr in eebor, Tfl .Tnnv MagPIEF. DEFENDANT IN ERROR. matter of co&te; there is certainly no jfE g error cere. As to the fonrtb assignment; being general in its nature and indefinite. it is not a proper assignment of error and does not require the considera tion of the Court. The Writ is denied. The plaintiff in error to pay costs. V. V. Ashford for pi ai null in error; W. R. Castle for defendant in error. Dated Honoinlo, February 18, 1895, as of the December Term, 1894. ONLY CASTLE & iii LIMITED. ONE GRAND WRIT OF ERROR. The fact that co;-t.s are not deposited by plaintiff at the time the suit is tiled does not constitute an error. There can be no reversal on error of any findine deDendintr on the credibility of witnesses or wtight of evidence. The cases of Ifang Fook v Republic of Hawaii, and Vierra v. liackfeld, affirmed, 8 Haw. 438. An alignment cf error, general in nature and indefinite, n not a proper assurnment of error and is not ronsid ered by the Coirt. Clearance Sale ! COMMENCING March. 1st OPINION OK THE COCKT HV HICKEIS TON, J. AND CONTINUING FOR 30 DAYS ! I Am Overstocked. This was an action for trespass and came on for hearing at the Octo ber Term, 1893, of the Third Circuit Court, hold en at Kobala, Hawaii. The jary returned a verdict for the defendant in error, with $20 damages, to which said verdict exceptions were taken and notice was given of a motion for a new trial, which said motion was never presented. On December 30th, 1893, the Court taxed and allowed the bill of costs of the defendant in error, the presiding Judge endorsing on the same "No briefhaving been filed by defendant's attorney, as promised, I proceed to tax plaintifl'B coste as per bill sworn J Must Have Room u oy piainuu ionu aiBguire. 1110 allowed is Sod.KJ as per the Profit made by US as we buy direct from the maker, where by we save YOU the middle man's profit. If you have been told otherwise, call and be convinced. Our special announcement to you is that by the Gaelic we have received a fine assort ment of Dress Goods, Gents' Furnishings, Neckwear and Japanese Jewely consisting of Scaif Pins in new and unique designs for both ladies and gents. To the Ladies. IMPORTERS, BUILDERS' HARDWARE -AND- GENERAL We invite you to call and see our new importation of 1- Kverything, including shelves YARD WIDE SILK DRESS and counters are loaded with GOODS at 30c. goods. Merchandise Plantation Supplie, Steel Plows. made expressly for Island Work with extra Farts. OANE KNIVES, Agricoltural Implements ! CARl'ENIEJtS', BLACKSMITHS' Pacific k avetwevve C VULCAN SAFETY MATCHES The beet in the market odorless. WAR -:- PHOTOGRAPHS Framed at 1.25 each and Upward?. Rubber Garden Hose; Maohanios' Tools, a specialty; Ready Mixed Paints; Paints in Oil; Dry Paint; Varnifthee; Paint Oils; Paint Lucol and Linseed. Brushes, Blasting Powder, Giant Powder, I1E AD QUARTERS FOR Caps and- Fuse, AKO amount bill. Dec. 30tb, 1893. S. L. Austin, Circuit Judge III Circuit." The matter is now here on a writ of error, allowed by this Court and addressed to the Clerk of said Cir cuit Court. The assignments of error are: ML That said suit was filed with out any deposit having been made with the Clerk of said III Circuit, or elsewhere or otherwise, on that be half; and the same bad not been deposited at the date of the entry of said cause for trial, at the said Octo ber 1803, Term: nor had the same been paid up to the time of the said trial on, to wit, the Cth day of October, 1893 n u That the verdict of the jury at said trial was contrary to law and to the evidence adduced at the said trial." '3. That the trial Judge erred in his order of said SUth of December, 1893, in taxing certain costs against your petitioner, the dHfendant there in, contrary to the Hawaiian Laws, and to the decisions of the Court." "4. And other errors of law, as appear by the records in the said cause. us iu uie ursi assignment, we are - of the opinion that thisdoes not con stitute an error; this is a matter for the clerk to see to; it is often the case that attorneys have a running uosts Account witn the Clerk; the Clerk issues the process and niftkes himself responsible for the cost, it being presumed that to has it in nana. a. motion cooiu be made at any time that the costs be deposited; before trial, we hold that the fact that the costs had not been deposited is not iatai to tne case As to toe second assignment, we nave examined ttie evidence iu the case and the charge of the Court, which is as follows: "Gentlemen of the jury. This is a case in which the plaintiff claims 500 damages from the deTehdant for trespass bv bnildintr a stone wall on the land of Obiki in the possession of plaintiff Defendant disputes the possession o" the land and claims the possession himse'f. tIf yoa find that John Magnire bad the pot9fHbion of the laud when the alleged trespass occurred then you will proceed to find whether the de fendant committed the trespass as charged. And if yon find there was a trespass?, you will proceed to assess the amount of the damages not to exceed the amount sued for, 500. H you find that the possession of the land at the time defendant built the stone wall, was in the defendant, then your verdict will be for defend ant." This left the question of posses sion entirely to the jury. They were to find that fact from the evidence. "We find that there is evidence upon which the jury could find the verdict they did. In the case of Hang Fook v. The Republic of Hawaii, decided by this Court on the 19th of January, 1895, we cited Sec. 5, of the Act to define Writs of Error," Law of 1892, p. 272, which reads: "There shall be no reversal on error of any finding de pending on the credibility of witnes ses or the weight of evidence." In the case at bar, as in that case, the verdict of the jury could only have been based on "the credibility of the witnesses or the weight of evidence." See also Vierra v. Hackleld, 8 Haw. 438. A9 to the third assignment, we are unable to find that the Judge erred in taxing and allowing the defendant in error's bill of costs; it is plain from the Judge's endorcement thni A. 1 at m me oiner party naa an opportunity contest thi3 bill, but failed in a and have marked prices down to inaugurate a Great Sale. Special Sale of some article each day, which will be displayed in the window each day prior to the day of sale. This will be a grand time for for the people of Honolulu to eecure bargains. CSTAMOSKEAG YARDS FOR $1. GINGHAMS 14 Don't Forget the Date MARCH 1st. to o. a ne verdict was on October 5th Hud the Court waited untjl December 39th before taking action on this Temole of 1 FashioD, M. G. SILVA, Prop. Land and Houses FOR SAIjE ! "I! m Those Premises Situated at Pauoa npr the Pauoa Bridge, containing an area of about 1.1 ACRES, Witn all the BUILDINGS All are in good condition, with a well fixed pond adjoining: there are lota of shade trees on the premises; it is one of the best locations in town and formerly known as the Opfergelt premises. ILCTrnce is reasonable. j&OTitle perfect. ijxy For further particulars, apply to Lie Chong, at Wing WoTai & Co.,or to WILLIAM C. ACHI, Corner Bethel and Kin streets. Honolulu, February 15th, 1893. 3920-tf Jas. W. Bergstroni, I3IAN0, PIPE AND RI-ED ORGAN Tuner and Renairer. Orders left i Ih rum 'a Bookstore, will receive prompt attention. 366-y Assignee's Notice. T HE UNDERSIGNED HAVING been appointed Assignee in Bank ruptcy of the Estate of C. L Brito, of Honolulu, notice is hereby civen to all creditors.to have their approved claims presented to him within six months from date or they will be forever barred, and all persons owing said Estate are hereby demanded to make immediate payment to the undersigned at the of fice of M. W. MeChesney & Hons, Honolulu. . F. W. McCHESNEY, Assignee of the Estate of C L. Brito. Honolulu, February 11, 1893. 3916-31 lti2S-3w The Hawaiian Gazettk is issued on Tuesdays and Fridays. They are beauties, and you hr A PTTI A7TQmo mnAT a will fall in lnvfi wif.li flifim vilUUkUO JLVUJJO ww a m -m.w w v ww w W, V J sight. CAEBOLINEUM AVENARIUS I ( REGIST&BXD.) Wood Preserving Oil. Endorsed by the Press, Scientists and leading Architects throughout the World; Preserves all wood above or underground, in fresh or salt water. Prevents dampness in walls and renders brickwork waterproof. Deetrojs vermin, insects, house fungus, disinfects premises. CARRIAGE WHIP8 a new invoir. Agents for the celebrated VACUUM IL. Pacific Hardware Company, Limited, Fort Street. - - - Honolulu.. .w FUEUYA, RtbiBson Block, Hotel Street. ?G53-y PAPA'S PANTS Are too Large for me But they fit papa the he has had made in nicest of any that HONOLULU. If you don't know where the place is, afk the policeman on the corner to show you 413 Fort. Street. While ordering a suit, you can also be fitted cut in all classes and grades of UfiMd FURNISHING ! Don't Fo rget the (lumber 413, 413 Painters' Supplies, Blake's Steam Pumps, Weston's Centrifugals, Vilcox & Gibbs' Sewing Machines LUBRICATING OILS, BEES WON'T STING The man who is smeared with hooey. Cod Liver Oil canfc offend the taste when it is disguised in Wild Cherry. You only get the good then, the vim, the fleeh. Ask for WAMPOLE'S TA8TK LESS PREPARATION. ETFor sale by the BOLL'STER DBUG COMPANY, 523 Fort Street. Etc., Etc.. Etc Etc. Etc. CASTLE & COOKE L'd IMPORTKIIS. Hardware nb General Merchandise WiS PHOTOS. New lot of Crepe and Plain Tissue Paper. Latest designs in Pic ture Mouldings. Lots of other Goods, new and novel, just received. KING 3857-1 y HOTEL STREET. Jolinston & Storey. MORE IS THE um i - U411II N. F. BURGESS Is aeain prepared to repair Garden Hose, r-pnnkUrs, W ater Taps, Saw Fil ing and all kinds of Tools sharpened in cluding Carving Knives and ciaora Lawn Mowers a specialty; aleo SAttinA Glasa, in fact all kinds of jobbing Work called for and returned. Rinir nn i'Q Mutual Telephone any time before o'clock a. M. 2S34-6m " DRESSED TO KILL ! He is, no doubt. The result shows it. The dameel prefers the better dressed man. foacn result is a matter of course when the suit is made in our well-known faultless style Poor tailoring spoils the best cloth. With us both material and tailoring are above criticism. And we are now making Suits, Overcoats and Pants at ahig reduction. "ee our Pants for $3. MEDEIROS & CO Hotl street, opposite King Pros. Wanted To Purchase. (English) for the year 1894. Apply at Advirtiskr office. S91C tf J. HOPP & CO., FUENITURE JUST EECEIYED ! A COMPLSTE STOCK OlT BEDROOM SUITS AT X.O"W PRICKS; Wicker Ware, Rugs and Portiers of all sizesr Shaving Stands, Card Tables, AND ROCKERS Ic Oak or Cherry,and other goods too numerous to mention. Repairing of all kinds prompt ly attended to. Furniture packed for the other islands. Special care given to Piano moving. 74 KING STREET. EVERYBODY KNOWS Geo- W. Lincoln Is Burned Out, but StiU Prepared to Superintend or Build Anything from a One-roomed House to a New City Hall. All Orders Lea With John Nott, King Street, Will be promptly Attended !to. THE IVITJTXJT LIFE INSURANCE COMPANY OF NEW YORK RICHARD A. McOURDT President, Assets December 31st, 1893 : 186,707,680.14 A Good Record, the Best Guarantee for the Future. o- EXT FOR PARTICULARS, APPLY TO S. B. ROSE, General Aent for Hawaiian Islands- -