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ran I'AOIl'IO UGMMEflOiAt ADVKH:WtJKU, UOKOtu'U;, jrAV 12. IKfiO. IN THE SIJPBKMK COURT OF THE HAWAIIAN ISLANDS. -L 1:1:11 Ti:j:m, 1 si:. MAXU KAPL'LH, AXXA LEWI, DAXIKLA KAPULK, 1 AK IK KAIH'LK ami LOUISA K A ITLK, infant, hv Ikt Ouanlian sul lircm MOKLIIIWA ami KAIH7K, her Iiu.sbarifl. Appeai, from I)i: of Cii.-ri rr .Jiix.k, oi Ciiiclit. Submitted Mam u :;, Imi:.. Decii.ki. .May 8. isii. Jldd, (.L, Frkai: and Wiiiti.;. .LL An answer to a bill in equity should be signed .bv respondent, and sworn to by him. unless the oath be waived by the bill. An unsworn answer, signed by an attorney for defendants, in no an swer. A receipt for money by a wife in part payment of land of his wife, her name -being written by her husband and erossmark affixed by her, she haying agreed verbally to the sale, and the party purchasing immediately entering into possession of the premises, binds the wire, and entitles the purchaser or his heirs to a decree of specific performance. OPINION OF THE COURT 1JY JUDD, C.J. This is a bill for specific performance. The circuit judge dis missed the bill on the ground that '-Mkiihiv, the- defendant, did not bind herself to execute the deed for the conveyance of tho land in question, savin-: "There Is a doubt in mv mind as to tho genuineness of tho cross mark n-ainst Mokuhiwa's name, for there was no witness to it." The decree dismissing the bill is appealed from by plaintiifs. Tho substantial facts alleged in tho bill and sustained bv the evidence are, that Mokuhiwa being possessed in her own right of the land described in Koyal Patent numbered UTOO, situate in TVaiehii, District of AVailuku, .Maui, awed orallv, together with her husband Kill i no, to sell the land to Kapule for five hun dred dollars. This was in ISO 1. Plaintiffs are the children and heirs at law of Kapule who died intestate. One hundred dollars in cash was paid by Kapule soon after the agreement was made. Tho receipt for the one hundred dollars is as follows: "Wc two havo received one hundred dollars from Kapule, money for tho sale of a certain piece of land of Mokuhiwa for five hundred dollars. One hundred dollars is paid, four hundred dollars remain. For the truth of this money received by us on this 21st dav, At. 1S91. 7 Mokuhiwa Kahuo." There were introduced in evidence about twenty-eight re ceipts, mainly being for money advanced by plaintiffs to pay interest on the mortgage on the land, and taxes. Some of them havo ATokuhiwa's name alone signed to them; some have Ka hue's name; and some of the receipts bear both names. One re ceipt is signed by Ar. K. Castle and dated September 1, 1S93, in which he acknowledges the payment of $.350, fully explained by the testimony to be money paid in plaintiffs' behalf for in terest and principal on a mortgage which was upon the land when Kapule bought it. Plaintiffs tendered $03.50 to the defendants beiim- the balance alleged to be due, but it was declined. T "'itifFs father Kapule entered into possession of the prem ises in IS91, and plaintiffs, his heirs, are still in possession The original ownership of the land by Mokuhiwa and the rela tionship of plaintiffs to Kapule are admitted. The first point raised by the appeal is the overruling of plain tiffs' motion to strike defendants" answer from the files because it is not signed by the parties or either of them, and is not sworn to. The general rule is that the answer of the defendant must bo signed by him. 1 Beach, Equity, See. 055; Dan., Ch. Pr., See. 733; Denison v. Bassford, 7 Paige 390. And we might quote other authorities but. they are unnecessary since our statute, Section 1501, Civil Laws, provides explicity that "an answer shall bo supported by oath unless waived by the adverse party." This is the latter part of the section which reads: "A defense in equity shall be made by demurrer, plea or answer." In this case the answer was signed "Mokuhiwa and Kalme bv their attorney, J. Mahiai Kaneakua." It was not sworn to. It does not bind the conscience of the respondent and is no answer. TVe cannot find bv it that Mokuhiwa denies that she sicried the receipts for the purchase money on the contract of sale. Have the plaintiffs proved a contract ?for a sale of land sutfi cientlv to entitle them to relief. The oral agreement for the sale of the land is well established. Mokuhiwa and Kahuo sought Kapule as a purchaser and agreed to sell tho land to him for five hundred dollars, as a mortgage thereon made by Mokuhiwa to AV. IL Castle was advertised to be foreclosed. Somewhat later, the first payment of one hundred dollars was made. Maim Kapule says that he was present when the sale was discussed and agreed to by defendants to his father Kapule; that ho "saw the receipt above recited, signed by Mokuhiwa and Kahuc." He does not say that she wrote her name herself. It closely resembles the handwriting of Kahuc and was undoubtedly written by him, but if Mamvs testimony is true, and it is not de nied, that he "'saw her sign" the receipt he must mean that she signed it by making her cross-mark. She being present when her name was written by Kalme even if he made also her cross mark it is legitimate to infer that she authorized her husband to sign her name . It is contended that this leceipt does not sufficiently describe V tho land to enable the court to decree specific performance of koua her X X kalia or mark cwaUacl. ii ,tlf. Another jMpcr hi i h..';iet road "Soptoin bcr A. I). l;l, I Mokuhiwa and M. Kahuc we two whoo names are written above, agree to a ronain piece of land situate at, Kumuu iliwili. "Waiehu. Maui, to Kapule for five hun dred dollars if we inilv receive it and if he navs it lullv, it will become KapuieV ab-olutcly. l-'or the truth of this we hereby sign our own names. .Mokuhiwa Kahuc. This paper, if its execution was duly proven, would supply the deficiency as to the description of the land for which the one hundred dollars was paid. fr it gives the mime of its loealitv. Hut upon an examination of the evidence sent up we do not find any testimony proving it. 1 he names written indeed roemble the signatures affixed to ;he receipt, for one hundred dollars. Put the failure to prove its execution does not avail the de fendants. Then is on tile a written admission by the parties that Apana 1 of the land in question contains 3.49 acres and tha said Apana 1 i situated at. Kumuwiliwili," Waichu, Maui. -Moreover it is in evidence that Kapule and family after him, took possession of this very piece of land, which, according to A if hit r. h'aiin unutlii, S I law. ;20-31? is evidence of hkrrtiti catioii of the land, and shows part performance. The circuit judge relied upon the cao of Opunui r. Kauhi, Js Haw. o19. in that case the woman, whoc separate estate the land in question was, expressly declined to sign the contract of sale, and she also declined to direct hei husband to sign for her. It was not nccessarv that Mokuhiwa hould have sinned everv receipt for the money. All of the circumstances convince us that Mokuhiwa was a willing party to the agreement to sell, and that the plaintiffs have a clear right to the relief prayed for. If tho plaintiifs have not paid the full amount of the purchase money, reference may be made to tho clerk to compute the same and to report thereon. On the eomirg in of this report an ap propriate decree will be made. (i. J foil and I'obcrfsnu tO Wilder for plaintiffs. '. J. Kanvaktui for defendants. NOT SO EASY. Aguinaldo Persistently Declines to Be come a Conquered General. (San Francisco Chronicle.) The easy predictions that Aguinaldo would sue for peace and that matters would soon shape tnemselves in the Philippines so t'uat our military ex penses might he reduced, are heing confuted day by day. Aguinaldo, far xroni asking favors, is 'making very ac tive warfare, indeed. He has captured a Lieutenant of the Navy and an en tire landing party; invaded the terri tory around Malolos, whence lie was lately driven; killed a Colonel and . . in m rrn nn w f o n ri cevt'u autJii iii. Tine jiijficim.ii u uu wounded forty-two, the affair being a successful ambus.h; and has kept up an incessant and murderous guerilla attack upon our lines. There is no evidence whatever that the backbone of his campaign has been broken or that he is in any respect discouraged. There is, indeed, more and more rea son as his methods of warfare are considered, to recognize the truth, of Gen. Rios prediction, that the Ameri cans may win every battle and yet lose the campaign. One serious trouble the Americans have to contend with is the lack of men to supply garrisons. When a town is taken it cannot be held unless, as in the case of Malolos it is treated as a division headquarters. Conse quently, the enemy regains the most of what he loses. So long as this is the case a siiit for peace is the last thing Aguinaldo needs to think of. The cam paign is satisfactory to him as it stands, and promises to be more so when tlLe tropical heats and rains be gin to do their deadly work among the northern invaders. FLIGHT OF A CANNON SHOT. The longest distance ever covered by a cannon shot is said to be fifteen miles, but that probably was eeveral miles with the possible limit, accord ing to Captain E. L. Zalinski, the retired army officer, who ranks among the highest authorities in the world on munitions or war. On the point of possible range Captain Zalin ski says: "Under existing conditions and with the guns.powder and projec tiles available, I believe it possible to fire a shot a distance of eighteen miles. The distance will begreater when a powder is produced that will exert a unitorm pressure on the gun through out the course of the projectile from breech to muzzle. FAST CHINESE BOAT. The Hai Lung, a torpedo boat built by Schichau, of Elbing, for the Chinese navy, is credited with a run of eight en and one half knots at an average speed of thirty-five knots an hour, and with a maximum speed rate at 36.7 knots, or 42.2 miles per hour. This beats the Turbinia's rate of thirty-five knots an hour, and moreover the Turbinia is only a forty-ton boat, while the Schichau boat is four and one-half times larger. The new and enlarged Turbinlas now building at Newcastle, England, for the British ier X mark the H li Lung. The Schichau boat is fitted with reciprocating engines; the British torpedo boats will have the new motor- turbine steam power. I consider It not onlj' a pleasure but a duty I owe to my neighbors to tell about the wonderful cure effected in my cace by the timely use of Chamber lain's Colic, Cholera and Diarrhoea Remedy. I was taken very badly with flux aiul procured a bottle of this rem edy. A few doses of it effected a per manent cure. I take pleasure in recom mending it to others suffering from that dreadful disease. J. W. Lynch, Dorr, AV. Va. This remedy is sold by all druggists. Benson, Smith & Co., Ltd., agents for II. I. HONOLULU EYE AND EAR INFIRMARY Will open for treatment of patients on June 1st next. 3rd Floor Model Block. NEXT PROGRESS HALL. Corner Beretania and Fort Streets. TRUSTEES RobL. Lewers, Esq., president; J. H. Hackfeld, B. F. Dil lingham, Thos. Hobron, L. C. Abies, E. Mott-Smith, secretary and treasurer. SURGICAL STAFF Dr. Sloggett and Dr. Andrews. NOTICE OF REMOVAL. Dr. Sloggett will remove his offices to the third floor Model Block, on June 1st next. CYE, EAR, NOSE, THROAT. CASTLE & COO KB, U& HONOLULU. COMMISSION MERCHANTS, 1UGAR FACTORS. AGEXTS FOR The Ewa Plantation Co. The Waialua Agricultural Ca., I:t6 The Kohala Sugar Co. The Walmea Sugar Mill Co. The Koloa Agricultural Co. The Onomea Sugar Co. The Fulton Iron Works, Sc. ly:X The Standard Oil Co. The Geo. F. Blake Steam Puss?. Weston's Centrifugals. Tho New England Mutual LIT J&n&i ace Co., of Boston. Tho Aetna Fire Insurance C., srtford. Conn. The Alliance Assurance Oo., si Sea ioa. 1 Powder I YOU GET I fiff EITHER A "YOST" T. L OR A- liTIDWQM 0 For Perfect Work. fill IP II tlM nil fluid LIMITED. GOLDEN HOLE BAZAAR. OOO HAWAIIAN SOUVENIR FLAGS lO CENTS EACH. HAWAIIAN SOUVENIR PINS. HAWAIIAN SCENIC CALENDARS. HAWAIIAN HATS AND CURIOS! HAWAIIAN SHELL LEIS! HAWAIIAN SILK FLAGS! FINE STATIONERY, For Foreign Correspondence. NOVELS! BOOKS! NOVELS! 316 Fort Street, Castle & Cooke LIMITED. LIFE np FIRE re J i l 5 AGENTS FOR IP OF BOSTON.: iso fife iosuronoe (lipin OF HARTFORD. HOME BAKERY and CAFE . Tho Only First Class American Restaurant in tho City. oo CAFE open from 6 A. M. TILL MIDNIGHT BUSINESS LUNCH, from 11 a. m till 2 p. m 25 Cents. DINNER, from 5 to 7 p. m. 50 Cents. Ics Greai Parlors IX CONNECTION. Bread, Cakes, Etc., delivered to any part of the city free. oo 527-529 Fort Street, HONOLULU, H. I. SHAVER LUNCH ROOMS. Fort St., Opp. Wilder & Co., H. J. NOLTE, Prop. First-Ciass Lunches Served Wltn Tea, Coffee, Soda Water, Ginger Ale or Milk. Open from 3 a. m. till 10 p. m. Smokera' Requisites & Specialty. HAWAII 5HINPO SHA. THE PIONEER JAPANESE PRINTING OFFICE The publishers of "Hawaii Shinpo." The only daily Japanese paper pub lished In the Islands. EDITOR M. TAKAHASHI. PROPRIETOR C SHIOZAWA. Office: Nuuanu avenue, above Bere tania. 5215 est ABE OUR Mm fa fa will from this day on be vnder the direct charge of fa ri graduate oj the rhila- fa dcljdiia Optical College, J ft' and all work will receive his fa t closest attention. J M fa fa fa The accurate fitting ofa refraction will continue to be our sjyecial aim, though no part fa of this most necessary work will sujfer from the slightest neglect, As tee grind all manner of comjtiicatcd lemcs in our otcu J icorkshop, the advantage to you of receiving your qlasecs within fa twenty-four hours after receipt of the prescription cannot be over estimated. fa fa fa fa fa Recent imports of Lemaire, Bardou J fa and the wonderful TR1EDER BINOCULARS 2'laccs our stock of Optical k Goods at the very top. The Tried er JSinocular, having many times the magnifying b power of the ordinary Marine jj Glassy together with comjtacl 5 ncss, recommends it as the finest t glass for every use, where the j 5 magnification of objects is dc- sired. 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OPP & CO. Leading Furniture Dealers KING & BETHEL STS. $KTOtOTOTOtOrOTW 5 5