Vol. XVI.

imp Stan :

PUBLISHED WEEKLY AT HONOLULUHawaiian Islands.

f MULES G. HOPKIXS, . . Editor.

Business Car&s.

CHAS. B-- BISHOP. . A. ALDKICH.

BISHOP &, CO.,

BANKERSOffice i the E4 earner of Makre' Block on

Kaakanami utrect, Honolulu,will receive deposits,

Discount first class business paper.Attend to collecting, Ac. Ac. Ac. 15-- tf

WILCOX, RICHARDS & CO.,Ship Chandlers, Commission BXercnants,

A SO OltLIU IX

Uetieral Merchandise, Honolulu, II. I.Keep constantly on hand a full supply of every description of

merchandise required by whaleships and others. Moneyadvanced at the lowest rales.

Reiekesces:Messrs. Swirr i Alle, . New Bedford.

fllDEO-t- , Au.es & Son, ..W M. Wilcox, . "Wm.Gzffobd, .. "

Messrs. Thobus Koui & Co., ...esto Howlasd, EQ., "

Fmuoni Pabbeb, Eso.., "Messrs. U'm. 1'mLLirs & Sorts, ... "

Hcitr A. Pierce, Ese..,. Boston.Messrs. Hi tle a. Si-- e Ar Co.,

Cm. W Bbooe,, aa FranciscoMessrs. Moboaw. Stone &. Co.,

Williaws Sl Haver,. i'ew London." C. A. Williams At Co-- , ....... . Honolulu.

84 tf

J. C. SPALDING,IMPORTER iL COMMISSION MERCHANT,

Honolulu, Oabn, Sandwich Island..AGENT FOR

Wm. Thwing & Co. Boston and Sandwich Is. Packets.

AGENT FORVirri'51 Ins. Co.. Boston. , Excitable Safety In. Co.,K,,Liiim 44 j Bostos Ins. Co., Bos., Boston,Vhi;to i Alliance " "

X. E Sali.ii Mabise Ius.Co.,Salw,

JQr Stor. in Robinson it Co.' Fire Proof Block. 25-t-f

B . F . SNOW,General Commission Merchant,

Honolulu, Oahu, Hawaiian Islands.

AGENT FORRegular Line of Boston and Honolulu Packets.Sale of Coffee from tile Titcoinb Plantation,Sale of Crocker Brothers Sl Co.'s Yellow Metal.New Euglaud Rofing.Couipany. 27-- if

W. A. AL.DKICII,Importer & Dealer in General Merchandise,

Honolnln, Oabn, S. I.Island Produce boneht and sold. Agent for the sale of the

products of the Liuu. riantauon. -- '

c TH. HECCE.H. VOW HOLT,Voa HOLT & IIEUCK,

General Commission Merchants,Heaelale.Uaku. 8. I 35-t- f

II. IIACKFELD & CO.,General Commission Agents & Ship Chandlers

Honolulu. On ha, H. I. 35--tf

E. KKILL,Commission Merchant and Importer,

Office-- , Kaaknnaaaa Street. 43-t-f

saw'l. i. castle. AMOS S. COOES.

CASTLE & COOKE,Importers & Wholesale and Retail Dealers

in General Merchandise.A:rals for Dr. Jnyac. Medicine.

1KCUIW.C. P. KAMSING & CO.,

DEALERS IN CHINA GOODSHonolulu, Oahii II. I.

hand and for sale SUGAR, MOLASSES, TEA and3j tf( UKFEE

C. F.Habt.J. RitsokKITSON & HART,

rStcccusri te HEfRT R O B A S O AT, ;WHOLESALE WIHE & SPIRIT DEALERS,

4!) Foot of Knahnnsaan St. ftf

GODFREY HIIODES,WHOLESALE DEALEE IS

WINES and SPIRITS. ALE and PORTER,Xnr ike Po..t-Oai- ee, Honolnln. r.A

GEORGE G. HOWE.

Lumber .Merchant,Lsmbrr Yard Corner of Q. nceu and XnnannSu

the I'aarkard 1'rcu.iw

UTAI & A II EE,Wholesale .Tleichants,

AND

Asents for the Aiko and Iwo Sugar Plan-tation- s,

Hilo, Hawaii.83 KIXC STREET. HOXOLULU. W

T. MO.SMAH,a.T. MOSSMAV.

NOSSMAN & SON,Bakers, Grocers and Dealers in DryGood

'nnaaa Sl. Honolnln. Oabn, S. I. 35-t- f.

D. H..PLITNER,CONTINUES hi old business at the new atere on

Kaaharaaan street. . .Chronometers Rated by observations of ?

Mar. with a transit instrument accurately adjustedto .he meridian of Honolulu. Particular "" 'riven to fine watch repairing. "V-TV-ndrant glasses silvered and adjusted.Nautical instmments constantly on hand "rsale.

S Brx,c'HouIIaebt B. Orslasb.ORSLAND & STEEN

Hare iened a JEWELER'S SHOP on rt street, oppte thenew Odd Fellows' UalU AH kinds of 't ",f'ltured and repaired. All work will be

tf or no pay.

.II..1IA A CO..Ship Chandlers and General Agents,

Lahaina, Maal.S.I.supplied with RECRUITS, STORAGE and MONEY

X--tf

S. HOFFMEYER.COMMISSION MERCHANT.

Dealer tn Slain Cnandlerr and General Mer-chandise.

LAHAINA. MAUI.H I.

J. WORTH,Dealer in General Meichandi.e,

Hilo, Hawaii.fUip, wppiied with Recruits at the ehortset notice.on reason- -

ahle terms. Bills of EachaPte wanted. 35-t- f

JA31ES LOCRWOOD,TIH AND COPPER SMITH,

inllVI. K.fITI.AB work tn his line wffl be executed wit promptacwand

viUUUilKff

W. FISCHER,Cabinet Maker and Trench Polisher,

Hwel street, oo.il the GoTerntnent

Business arbs.IBIIMiN FICE. CHAS. BBEWEB, 2d

C. BREWER & CO.Commission and Shipping Merchants.,

Honolulu, Oahu, II. I.REFER TO

James Hcsheweix, Esq.,Chaells Bbewes, Esq.. J

uiii McRinit Jlimu, lChas. Wolcott Bmooks, Esq., j San Francisco.

Messrs. Wh. Pistac & . ,in.knnMesses. Piele. Hubbell Ac Co., Manila. 19 tf

rSEDEKICK L. HAKES. COWABD r. ADAMS

ntCD'K E. II AMiS v CO..Commission and Shipping Merchants, Ho-

nolulu, Hawaiian Islands.REFER TO

Messrs. McRres k. Mehrill, ..San Francisco.Gkixsmx, Mixtcrs Sc. Co.,... ..New York.f irr ii. Allk.n, ..New Bedford.Cuas. Scl'Iiueb Sl Co., ...... . . Boston.

IS ftf

JANION, GREEN & CO.,

Commission iUcrcljcints,Fire Proof Buildings, Queen Street,

HONOLULU, OAHU, S. 1. 52-t-

A. S. A 31. S. GmNBAIJM,151 PORTERS, AXD WHOLESALE AND RETAIL

DEALERS INFashionable Clothine, HaU, Caps, Boots and Shoes, and every

variety of Gentlemen's superior Furnishing Goods. Storeon the corner of Port aud Merchant streets, Honolulu,Oahn. 24 tf

THOMAS SPENCER,Ship Chandler and Commission Merchant

HONOLULU. OAHU, S. I.Ships supplied with Refreshments, Provisions, &c.,at tlie

shortest n nice, on reasonable terms. Whalers' Billswanted 4 .

DDPfTISTB.7 ! DZUOTZSTR'S' !

T3r.WOL'LO RESPECTFl'I.LY inform the inhabitants of Honolu

lu ami vicinity, that he has located hfhiself for the practice ofI'entistrv in ail its nranrlies. .

TEETH EXTRACTED BY ELECTRICITY, without pain. Inthis operation Electricity is used in the place of Chloroform orr.ther, and without the danet-- r attending the use of them.

OFFICE next door to J. II. Wood's lioot and Shoe store, onMerchant street, up stairs. 25 tf

J. mwis. K. I. ISUOLS

IRWIN & CO.,

Arcoanlanls, Collector and Custom HonBrokers. Honolulu.

tW N. B. Complicated accounts adjusted, and commercialbooks opened and closed. IStf

U'M. WKRSTER,Land A stent to Hi Majesty.

Office in I he King's Garden, Brrilauin Streettt 4

HAWAIIAN FLOUSi COMPANY.

A. P. EVESETT, Treasurer and Agent

J. F. COLHURN,

Honolulu, Oahu. 7-- tf

C. II. LEAVERS,Lumber and Building Materials, Fort at., Honolulu. J

WILLIAM HUMPHREYS,NOTARY PCBLIC. Office at the Court House, up stairs.

15 tf

FIRE INSURANCE NOTICE.THE NORTHERN ASSURANCE CO.

UNDERSIGNED BEGS TO NOTIFY TO THOSETHE who have insured in this otiire wooden buildingsor their contents, within the precinct of Honolulu, that inconsequence ol the continued erection 01 large and uieh wood-en buildincs che together in narrow streets, no more riskson timber constructions in the town will be taken, and thosealready taken will not lie renewed on the expiration ol theirterms. ROBERT C. J ANION,

17. tf Agent lor the Northern Assurauce Co.

AGENT FOR THELiverpool Underwriters' Association.

THE UNDERSIGNED bee to notify to Merchants, Shipowners and Shipmasters, that lie has received the appoint-

ment of AGENT at these islands for the Urtrpoal Under-writer' t Jloeiation.

47-- tf ROBERT C. JANION.

AGENT FOR LLOYD'S.THE UNDERSIGNED begs to notify to Merchants, Ship

owners, and Shipmasters, that lie has received 1 tie appoint-ment of AG ENT at these islands for Lloyd's, Loido.

47-- tf ROBERT C. J ANION.

The Northern Assurance Company, (Estab-lished 1836.)

FIRE AND LIFE ASSURANCE AT HOME ANDI70R

CAPITAL 4:1,239,7 GO STERLING.The underiKned has bt-e- appointed AGENT fir the Sandwich

Islands. 7tf ROBERT CHESHIRE JAMON at Honolulu.

DR. FORD'SOffice and Drag Store, Kaahnmann Slreel.

Ship's Medicine Chests refitted and Prescriptions carefullyprepared. .

Hot, cold, vapor, shower and medicated Baths, at an16 "hours.

CHAS. F. GUILLOU, M. D.w .Tf trnci'nv IMTED STATES NAVY

Conanlar Physician lo Sick. American Seamen,AXD OF.XER.AL PRACTITIOXEB,

OFFfCF. corner ef Kaahmma and Merchant street

Residence t Dr. H uod'w tmuntun, Hotel street.

Kr Office hours from 11 A. M. to S P. M., at other hours

nquire at his residence. 2"u

E. HOFFMANN,Physician and Surgeon,

in the New Prur Store, corner of Kaahumanu and

Queen sts., Makee At Antbon's Block.

CHARLES W. VINCENT,n nvTM A fJTOR AND BUILDER.THE UNDERSIGNED woubJ ..form !;

he lias removes -- ; --

pTnmei onKortsueet.op, the store o C Brewer2nd ana would solicit that patronage hereiofors so

ofAll order, in tb. varu-- it braache.Buildinf?PIns, Specifications and contract, attended to

with and d.sppromptness ARLES w VINCENT.

tt a n tev Si. McCLYMONT,Painters, Glaziers, Gilders and

Paper Hangers.Shops in Union and King streets. 6

NOTICE.HEREBY NOTIFIED THAT THE

1 LL PrRSOXS ARK

the uovernmem """" . . . . iggd during tbe con- -

15 tfI8M- -'Department. 30th July.

LAW REPORTS X

iar.;UK:s: srXisszu .iSir"--byGsoacs M. Robestsoi.. g.,f

Price fivedollars, bound in calf .

Hospital Notice. ,...,uadsr tha Oireeuon ot

Cet Hawaiian, AL?STIN,Per order. Secretary.13-- tf

HONOLULU, FEBRUARY 11, 1860.

Ucal Estate.

TO LET FURNISHED.A COTTAGE AND OCT HOUSES IN THE SUBURBS

and within 15 minutes' walk of the Court House, situatedimmediately. oinMinit tht Patuiii..... run...1 I .U .V 111. n... vu miiKstreet. Enquire of W. LEE. Attorney at Law,21 tf Over Dr. Guillou's store.

TO LET!THE COMMODIOUS COTTAGE IV Tr?E VF.AHf the Penfaallow Premises, lately occupied by Capu

Avoiivre.APP'yl fj II. HACKFELD.

TO T.TT I

THAT PLEASANT AND PICTUR- -f'-J'- csque residence in Nuuana Valley formerly belonging

m vapi. waines .ucn.ee. Apply to2-- tf W. WEBSTER.

TO LET.1 ."Til! THE WELL KNOWN BOARDING HOUSE AND

M.fcLI'I.G Rooms in the rear of the White Horse Hotelon moderate terms. Apply on the premises. 14-- tf

TO LET!THE HOUSE AND PREMISES AT PRESENT or- -

rupied by Captain 1. Moss in an, opposite the Flour.11111. rorfsession iiven iIia Ii of anv. imm r.l

37-- tf U. tilLLLI AND.

TO LET.SLEEPING ROOMS TO LET ENQUIRE OF MR.

HUMPHREYS. Garden street.ltl

ROOMS TO LET,FROM I PER WEEK. Apply to

S. JOHNSON.52 tf House Carpenter,

COFFEE PLANTATION FOR SALE.THE CELEBRATED TITCOMB COFFEE

Plantation, at Hanalei, Kauai, is offered for sale.The laud of the plantation comprises upwards oflit.'iU Acres, and has upon 't 50,tHMI Cnffee Tree.The land is well adapted to the cultivation ofSusar Cane. I he estale is unencumbered, and

will be sold by Fee Simple Title. Hor full particulars andterms of sale, enquire ol 7-- U. r.SNOW,

Machine Carpenter's Shop.

sr mmfXIHE UNDERSIGNED WOCLD I.VF0R.M HIS FRIENDSJ and the public thai on the ath msL, he will resume his for

mer business as a

Builder and House Carpenter!at the stand hitherto occupied by Messrs. Watson 4. Leonard,on the Swinton Premises, King street. With every facility fordoing all branches of

WOOD WOltK!to the best advantage, and respectfully solicits a share of publicpatronafre.

Haviinr secured the service, of first rate workmen, be willalso add CABIXET M.1KI.VG, TCXXIXG, and CARRIAGEH (IRK to his other business.f Stuff sawed and planed by machinery for carpenters and

otliers.C. H. LEWERS.

N. B- - General Lnmber Business will he conducted as hereto-fore on the Fort Street Premises, where the best selected stockwill be sold on the most reasonable terms. Id tf

LEWIS & NORTON,

coopers, tan UBS!CORNER OF RET II EL & KING STS.,

AND

Fcrt St, 2 doors blow Dr. Mh Drug Store.

NOW PREPARED to exeente all Orders InARE line tromutlv and at reasonable rates.Thankful for past patronage, they confidently rely upon their

old customers for a continuance or their favors, and trust tliattheir endeavors to please, aud extreme low rates of charges, willinsure to them a fair share of business in their line.

U.K. New and second hand Casks and Shooks always onhand, which they will sell at the lowest market rates. iJtf

ROBERT BROWN'SBLACKSMITH SHOP!

ON THE NEW ESPLANADE.IS PREPARED to do Work

of all kinds in first rate style, at prices to'suit the times.

SHIP. CART. CARRIAGE, and allother work in this line, will be done with a neatness and dispatchnot to be excelled.

t3? Horse shoeing, and all other business in the the Far-

riers' department, promptly attended to.2G tf

THOMPSON & NEVILLE,

BLACKSMITHS,Opposite the Custom House.

HAVINCi inrclinsfl tlie Prtiw'sesRkheretofore occupied by Mr. M. Matthews, are jCSTl

4 ynow prepared lo execute Ship, Carriage and M

Cart work on the shortest notice and on the most rea-sonable terms

They hope by strict attention lo business to merit a share ofthe patronage hitherto Ix stowed on their predecessor. 6 tf

1VOT1CEORDER TO FACILITATE THE REMITTANCE OF MOSEY

IN tlie other islands, the public are hereby informed that cer-

tificates of deposit, payable to order, will be issued at the Ha-

waiian Treasury to persons depositing the money therefor.Residents in Honolulu having taxes due on other islands will

find this the readiest and safest means of remitting the money topay them.

By order of the Minister of Finance.II. W. McCOUG HTRY,

Nov. 2, 1S59. 27 Reg. Public Accounts.

PUBLIC KOTICE.UndrrsAspied hereby sflvtrn pnhtlc notice, thatTHE to instructions received from It. R. II. the Minis-

ter of the Interior, he will open two new markets for the publicuse and benefit on Monday next, Nov. 6, vis: one on the vacantlot on the tnakai side of King street, between the Butcher Shopof Messrs Vida Co. and the Cooperage of Messrs. Lewi. A Nor-

ton ; second, on the vacant lot in Nuuanu street,pposite theCommercial Hotel. I. DCDOIT,

Nov. t, 1859. 27-t- f Clerk of the Market.

Consular otice Sweden and Xorway.

SUBJECTS of the attited Kingdoms ofTHi: and orway, residing In the Hawaiian Islands, areresectfully requested to present themselves at the Swedish andNorwegian Consulate in Honolulu, at their earliest convenience,when information of importance from tbe Home Governmentwill be communicated to them.Royal StrdUh ami Nonregbv Consulate, I

at Hairiiwm 11 ml, Sept. 2U, lsii I 81 tf

NOTICE!nnderaignetl br lo Inform theirTHE they have established a brauch of their house at 1

V. I., under the management of Mr. Henry Rhodes andonder the style of JAMON tt G KEEN, for the transaction of ageneral Commission business. Particular attention will be piadto consignmenu of Sandwich

fc co.Honolulu, May 10, 19.

Waikahalulu Lots!UNDERSIGNED BEGS TO INFORM THE PUBLIC

THE the terms on which these Lots can now be purchased orleased, have been so far modified that under certain restrictionsand regulations, any description of Building may be erectedthereon. It being the desire and object of His Majesty s Gov-

ernment to have the said Lots occupied as quickly rs possible,every facility wilt be granted to Intending occupiers, and byconsulting with the undersigned they will find that their view,will be met in every respect, as far as consistent with the publicinterests.

Ten of said Lota having been now enraged, only a few or thechoice situations remain to be disposed of, so that an early ap-

plication will be necessary to secure them.W. L. GREEN, Agent for the sale

19 tf and lease of the Waikahalulu Lots.

SACKS RARLKY. Jnst receired pr.300 . Polynesia,' and lor sal. by

jEWER, 2d.ti

foreign boevtisnnrnt

CHAS. WOLCOTT BROOKS,Striipxinsr andmm mm.

VNI)FORWARDING AGENT,

122 3 STLIw-SOM-E St.,SAN FRANCISCO, CAL..

Particular attention given to the purchase, shipment andsale of Merchandise, chartering and freighting vessels, supply-

ing whaleships, and negotiating whalers' Exchange.

ADVANCES MADE ON CONSIGNMENTS.

REFERS TOJames Hi'ewell ... Boston.IIenet A. Pcibce, . .Chas. Bbewes, ...B. F. Show, ....Honolulu.C. Bbeweb Sl Co.,Wil cox, Richabos A Co.,..B. I'linu, ....Hilo.C. S. Babtow, ....Lahaina.

33 tf

D. C. McRUF.R, J. C. MERRILL.

AlcRUER & MERRILL,finiiiiiooiiiv lirni

illAXD

AGENTS OP THE

REGULAR DISPATCH LINE

HONOLULU PACKETSParticular attention paid to forwarding and transhipment of

merchandise, sale of whalemen's bills, aud other exchange, in-

surance of merchandise and specie under open policies, supply-

ing whaleships, chartering ships, etc47 and 49 California-stree- t.

SAN FRANCISCO Cal.RVFER Tf

Messrs. D. C. Watebmak Sc Co., ... ...Honolulu.C. HafAvEB A Co.,

Capt B. F. Snow,A. P. Everett, Esq., .Messrs. Gu m A Co., Lahaina.B. Pitman, Eq. ,............ Hilo. f23-t- f

MOST&JA.ISrTJI !

Wm. BUTLER,GENERAL MERCHANT,

AND

CUSTOM HOUSE AGENT.Monganui, New Zealand,HAS MADE arrangements to keep constantly on

a large and well selected stock of salt provisions,bread, flour, ship chandlery, groceries, clothing, and everythingrequired for a complete outfit.

FUESII SUPPLIES, POTATOES, FIREWOOD,All furnished on the

Shortest Notice !

Mnneanui lies in the Southeast part of Lanristan or DoubtlessBay, aud is in Lat. 80 (Ki' ti., Lon. 173 3s' E. U6 tf

MESSRS. C. A. FLETCHER & C0COMMISSION MERCHANTS

' AND

GENERAL AGENTS!EAUODADI, JAPAN,

TO INFORM OWNERS AND MASTERS OF SHIPSBEG to visit the port of Hakoiladi, that they are preparedto lake Consignments and do business on the usual terms.

tr?" By arrangements with Home Insurance Offices, Messrs.FLETCHER & CO. can take risks on Oil, or other shipments ofProduce hence.

Hakodadi, Yesso, Japan, 4th July, 1S59. 18 tf

GR EN N AN & CRANNEY,CAMJlfi'O ISLAND,

PiiRCt Sound, Washington Territory.v MANUFACTURERS nnd Shipper, ot

Sr5'"s,,, Yards and Spars, of all sizes, Piles, SquareTimber, and Sawn Lumber, of all dimensions. Are preparedto furnish cargoes at short notice, deliverable at their SteamSaw Mill, or at San Eranciseo. Kor terms, apply as above, orin San Francisco, to SAMUEL PRICE tt CO ,

34-l-y Agents.

DICKINSON TYPE FOUNDRY.PHELPS & DALTON, Bostox.

L. P. Fisher, Agent, : : San Francisco.Q Orders solicited for Type, Leads, Rules, &c 2C--tf

CHARLES BREWER,COMMISSION MERCHANT,

Boton, U. S. 35 tfr-- Referto R. W. Wood and C. Bbeweb So.

BOGLE'S HYPERION FLUID!For Restoring, Prcserrliis; and Adorning

THE HAIE!THE GREAT PRESERVATIVE OF THU AGE!O HOME In the Tropica should be wit hoot Bogle's Hyperion rlnid. a

Prof. Anderson, in 1855,Pronounced it to be the Saver of h'u Hair !

Royal Ltceu v Thbateb, Stbabd, Loiob, ISaturdaj , Aug. Ssth. -- tto. J

It affbids me very great pleasure tn bear witness to the snr-prisi-

etlicacy of Hnile's Hyperion Fluid." I had occasionlu resort to it after losing bo much of my hair as lo be almostbald, owing to the influence of the climate, during my tour lathe United States. Various much vaunted Hair Reiterativeswhich I had already tried having entirely failed, I was advisedto test the value of Mr. Bogle's preparation. I used it dili-

gently for some time, when to my great gratification my hairassumed more than its former luxunauee. Hence I can bothfrom my own experience and that of my friends lo whom Ihave recommended its nse mwt confidently advise the use ofthe " Hyperion Fluid" to all who need the use of that whichshall restore, nourish, and beautify their hair. For these pur-poses, I am certain that it is unsurpassed and unsurpassable.

JOHN HENRY ANDERSON," Great Wizard of the North."

To tlie Public of Honolulu.The Agent of Bogle's Hyperion Fluid having called on me

when I airived here, I was delighted to find my old friend hadpreceded me (I mean Itegle's Flmd ) My hair was falli. offin thousands per day ; a short interview with my frie. hassloped the fall ; a few smart nibbing operations, per.'or.red by" VoEI.KER," has made every bair as last T the Hawaiianon my Magic Chair. I. in 1&"9, in Honolulu, recommend itto the world as the Great Hair Preserve'.

2S-3- JOHN HENRY ANDERSON. Wizard."C7-- Agent for the salt of Bogles Fluidrr VOELKER.

Perfumer, Fort street, Honolulu.

WAIKAHALULU WATER LOTS.UNDERSIGNED HAYING BEEN APPOINTED AGENT

THE the sale and lease of theWAIKAHALULU LOTS

begs to call the attention of Merchants, Ship Owners, Ppecnla-o- r

and others to this flnelv situated tract of land which is nowoffered la lots at reduced rates and on liberal and convenient

Plans mir be seen and all particulars learned by applicationto the undersigned at Robert C. Janion's Fire-pro- Buildings.

If. B. Early application should be made for eboiee Lots. W. L. GREEN,

Agent for the Sale d WaikAnalulu Lou.Honolulu Oct 8th. 1553. --tf

.mm.

Supreme Conrt- - fnauary Terns, I860 InB.ineo.

Joeih Fallom v. IIesrt RoBijiSos and. S. Waiku,AisiqnecS.

Justice Robertson delivered the decision of the Court,as follows :

Henry Turton, a h 'tel-- k eper at Lahauis, was declared bankrupt, as of the 2Sth of --April, lSG'J, the d.iteof the filing of the petition iu bankruptcy. Nine daysprevious, on the 19th of April, he mortgaged all hisproperty, consisting chiefly of the furniture of hishouse, to Joseph Fallon, the plaintiff, to secure the pay-ment of a protui ory note for S421 75, in favor ofplaintiff, and also to ecure the plaintiff for becomingwith Turton a party to a promissory note for 200 50,made to 15. F. Uolles, for a debt due to bim from Tur-ton.

The defendants are the assignees of Henry Turton,and have got in their pose&iiou the goods and chattelmortgaged to the plaintiff by Turton, as above stated;and the plaintiff has brought this rction of replevin tocompel the defendants to deliver said goods and chat-tels to him, under his niort-j- a e.

Several points of considerable interest were raisedby nsunsel, in the c u. o of their argument, but it isonly necessary, we think, to adveu to some of them.

It is contended on the part of the defendants, thateven admitting the mortgage to be valid, the plaintiffwas not entitled, either at law or in equity, to the pos-

sesion of the mortgaged chattels, on tbe tith of Octo-

ber last, when he commenced this suit ; because de-

fault had not then Ix.'n made in tbe payment of plain-ti- ll

s debt, which was not due until the 19th of Novem-ber, and the mortgage coutu-n- s a stipulation permittingTurton to retain possession of and use the mortgagedchattels until such default shall be made.

The mortgage, if it is valid, and was duly recordedaccording to law, was a conveyance to the plaiutitf ofthe title in the chattels mortgaged, upon condition, andwould have become an absolute interest at law uponthe failure of Turton to pay tbe debt secured by themortgage when it fell due. The mortgage passed theproperty to Fallon, subject to the condition, withoutactual delivery, and he wts entitled to the immediatepossession, at any time, but fr the stipulation by whichtie agreed that Turton should retain possession untildefaulL

It cannot, of cour. e, be contended that, under nocircumstances whatever, could the mortgagee take posse-

s-don of the property mortgaged, before default inthe payment of the debt ; for there are various events,upon the happening of which, the mortgagee mightclaim possession. In the case of Hardy v. Rugglesel uls, decided in this court in the year 1856, it washeld that the mortgagee had a riht to proceed at oncefor possession, because the mortgagors had attemptedto transfer the whole of their stock in trade to othercreditors, (the same bein, mortgaged t the plaintiff)although the mortgage contaiued a stipulation permit-ting the mortgagors to retain possession until default,with the right to sell iu the usual course of trade.

In the case of Rtfssell ts. Butterfiel l, 21 Wendell'sRep., p. 300, tbe mortgage contaiued a stipulation thatthe property should remain in the possession of themortgagor, but in cae of default in payment, or incase of any attempt to remove or dispose of the prop-erty on the part of the mortgagor, the mortgagee tohave a right to 6eize it, wherever it might be, and totill and convert the same into money, and appropriatethe pror ds to the payment of h' debt, paying overthe surplus, if any, to 'ie mortgagor. It was held inthat c o, that upon the removal of the property intoanother county, by the mortgajor, the mortgagee mightmainta:n an r tion of replevin, although the time ofpayment of the morf'pige moneys had not yet arrived.

In the c :e of Welch vs. Whittetn re, 2-- Maine liep.,p. 8C, the mortgage stipulated that the mortgagor shouldretain poa ossion of the property until default, with thecondition, (which is alo contained in the mortgagenow before us) that, if the property should be attach-

ed at any time before payment, by any other creditorof the mortigor, then it" should be lawful for themortgagee to take immediate possession of the prop-

erty. It was held in that case, that the mortgageemight maintain tresp.s against an officer for attachingand carrying away such mor aged property, in a suitagainst the mortgagor.

In the ca e of Jallune ot. Wallace, cited in U. S.Dig t, VoL 7, p. 372, Sec 155, the Court held that,

a stipulation in a mortgage of personal property, thatthe mortgagor shall retrain in possession until thebreach of the condition, is personal to the mortgagor,and c nnot be a igned or transferred The mortgageeis not therefore preclud d -- rom brin-pn- trover for theproperty, before breach of the condition, against a pur-ch- a.

er lrom the mortgagor."The doctrine of th 3 ca seems to us reasonable,

and is applicable, we think, to the cise before us. Tur-

ton w.ib declared bankrupt, and his property and af-

fairs passed, pursuant to the statute, into the hands ofA ignec-- . But the only interest in the chattels ruort-gag- od

to Fallon, which pa .d to the assignees of Tur-

ton, was the t to redeem them by paying off Fal-

lon's claim ; or to receive the balance of proceeds, ifany remained, for the benefit of creditors, upon a saleof the chattels and payment of th t claim. We think,therefore, th.it upon Turton being declared bankrupt,Fallon had a right to take immediate possession of themortgaged property, if his mortgage was valid.

Tlie most important question in the cas", and onewhich must prove decisive, is that as to the validity ofthe mortgage, which is contested on the part of the de-

fendants.Section first, of " An Act relating to Bankruptcy,"

passed in the year 1848, under which proceedings werehad in this case, provides, "That every person . owingdebts to the amount of two thousand dollars who shallrefuse or fail to make piyment of any of his just de-

mands for ten days after the sime shall hare matured,and been presented for payment to him or to his agent;or who shall depart the Kingdom with the intent todefraud or delay his creditors ; or secrete himself, orkeep his house to avoid his creditors, or the service oflegal process for the cllcition of any debts ; or makeany fraudulent conveyance of his property to a friendor ucret trustee, or make any secret removal or otherdisposition of his property for the purpose of delayingor defrauding any creditor, may, upon petition to theChief Justice of the Superior (Supreme) Court, by anyone creditor to the amount of five hundred dullars, rby any two or more creditors, the sum of whose debtsshall amouut to one thousand dollars, be declared bank-rapt- ,"

Section nineteenth of the same Act provides, that" The b nkrupt shall be divested of all title and inter-est in his property from the day of his failure, (exceptthe nece - ary clothing of binuelf and family and such

other nw ries, not to exceed the v:due of three hun-

dred dollars, the comnii doners may designate) andevery assignment, conveyance or transfer of his prop-

erty by him after he shall have become insolvent orcommittecd an act of bankruptcy, except upon a good

con. "deration to a ?.-- fide purchaser, having no no-

tice of such insolvency or bankruptcy shall be void,

and the property so transferred may be recovered andd'spo :d of by the assignees for the benefit of the cred-

itors."It is contended by counsel for the defendants, that

under a fair construction of the statute, and on thefac" of the cise as they appear in evidence, the mort-ira- m.

i.. nlaintiff must be declared void, an against the

creditor, beeuisc Turton was known to the plaintiff tobe insolvent at the time the mortgage was maue, anahad in fact committed acts of b mkruptcy.

It is argued on the part of the plaintiff, that therecan be no failure by a debtor, within the meaning of

the statute, until be has been declared a bankrupt, andthat the words Utnkru and insolvent, as used in thenineteenth section of the Act, are synonymous terms.This, we think", is not tb proper construction. Andwhen the question is asked, what is a failure within themeaning of the statute? it may be answered so as tomeet the nresent case, b? quoting the opening sentenceof the first section of th. Act of 1843. Whenever anyperson owing debts to tbe amount of two thousand dol-

lars shall refuse or fail to make pavroent of his justfor ten davs after the same shall have matur

ed, and been presented for payment to him or to hisagent, he has Jailed within we meaning oi methat he may, apon petition, be declared bankrupt If

No. 41.his failure results from his not having the means to payhis debts, he is then insolvent, but not bankrupt ontilsodeclared by comcetent authority. A person may bainsolvent for any length of time and yet not bankrupt,within the meaning of the statute ; and so a personmay be declared bankrupt who is not in fact insolvent.

It is contended that, as the mortgage was given ninedays previous to the date as of which Turton was de-clared bankrupt, and that having been made upon agood consideration, for tbe purpose of carrying himthrough his embarrassment, it ought to be sustained.But it is clear, from the evidence before us, that Tur-ton was insolvent when the mortgage was given, andthat he had failed to pay several debts which were over-due and had been demanded, among which was hisdebt to the plaintiff himself. He had made the failureto pay his just debts, upon which he was shortly afterdeclared bankrupt. And although he was declaredbankrupt as of the 28th of April, he was in fact in-solvent and had committed acts of bankruptcy morethan ten days previous to that date. Bo that any trans-fer of his property then made, except upon agood con-sideration to a bona fide purchaser, having no notice ofsuch insolvency, or failure, is void by the statute ; andthe property must pass tn the assignees, for the benefitof all the creditors. The result of making a mortgageof all his property to secure his debt to Fallon, couldnot be to obviate his embarrassment, but rather tobring it to a crisis, by ularming his other creditors.The plaintiff, as appears from the testimony, was wellacquainted with the insolvency of Turton, and his fail-ure to pay his debts. And yet he took from bim an as-signment of all his property, to secure the debts dueto himself and B. F. Bolles, to the exclusion of the oth-er creditors. This was clearly at variance with thepolicy of the bankruptcy laws, whose leading principleis equality among creditors. In order to attain andpreserve that equality, the bankrupt's estate, as soonas an act of bankruptcy is committed, becomes a com-mon fund for the paymenVof his debts, and he loses thecharacter and power of a proprietor over it. He canno longer give preferences among his creditors, and therace of diligence between them is wholly interrupted.(Kent's Coin., VoL 2, page 470 ; Statute Laws, 1S43,"page 54, Sections 19 and 20.)

It is true, as has been argued, that the mortgage andother documents connected with the transaction betweenTurton and Fallon bear upon their face some f whatare usually regarded as badges of fraud ; but theyare all such as are open to explanation, and might beconsistent withA bomi fide transaction. In this case,however, the scienter which invalidates a conveyancemade under such circumstances as the present, is soclearly brought home to the mortgagee that we are con-strained, in justice to the other creditors, to declarethe mortgage void.

Let judgment be entered in favor of the defendants,as of the last day of the term.

Mr. Bates for plaintiff.Mr. Harris for defendants.Honolulu, Cth of February, 1860.

Caicht in his own Trap. Once two ministersof the gospel were conversing on extemporaneouspreaching.

" Well," said the old divine, waxing warm," you are ruining yourself by writing your sermonsand reading them off. Your congregation cannotbecome interested in jour preaching ; and if vouwere called upon to preach uuexiectedly, unlessyou could get hold of an old sermon, you would becompletely confused,"

The young divine used all his eloquence, but invain, to conviuce the old gentleman that the writtensermon expressed his own thoughts and feelings,and if called apon he could preach extemporane-ously.

" As we aro of the same faith," said the youngminister, suppose you try me next Sabbath morning.On ascending the pulpit, you can hand me a textfrom any part of the Bible, and I will convinceyou that I can preach without having looked at thetext before I stood up. Likewise I must be allowedthe same privilege with you, and see who will makethe best of it."

The idea seemed to delight the old gentleman,and it was iinmediatey agreed upon.

The following Sabbath, on mounting the pulpit,his senior brother handed him a elip of paper, onwhich was written : " And the ass opened hismouth and spake :" from which he preached a glo-rious sermon, chaining the attention of his delight- -.

cd hearers, and charming his old friend with hiseloquence.

In the afternoon, the yoang brother who wassitting below the pulpit, handed his slip. Afterrising and opening the Bible, the old man looked8 dly around " Am I not thine ass!" Pausing afew minutes, he ran his finger through his hair,straightened his collar, blew his nose like the lasttruiujet and re-a-d aloud ' Am I not thine ass?"Another piuse in which a deadly silence reigned.After reading the third time" Am I not thineass V he looked over his pulpit at his friend, and ina doleful voice, said I think lam, brother."

Tns Fjishionablk Lir "Not at Home." Inever," says a lady, " sent that message to thedoor but once, and for that once I shall neverforgive myself. It was more than three yearsago, and when I told my servant that morning tosay ' Not at home,' to whomsoever might call, ex-

cept she knew it was some intimate friend, I feltmy cheeks tingle, and the girl's look of surprisemortified me exceedingly. But she went abouther duties and I about mine, sometimes pleasedthat I had adopted a convenient fashion by whichI could secure time to mysdf, sometimes painfullysmitten with the reproaches of conscience. Thusthe day wore away ; and when Mr. Lee cade bestartled me with the news that a very dear andintimate friend was dead. ' It cannot be,' wasmy reply, for she exacted of me a solemn promisethat I would alone sit by her dying pillow, as shebad something of great importance to reveal tome. You must be misinformed ; no one has beenfor me.' Hera suddenly a horrible suspicioncrossed my mind.

She sent for yon but you were not at home,said Mr. y ; then he continued:!am sorry for Charles, her husband ; he thinks herdistress much aggravated by your absence, fromthe fact that she called your name piteously. Hewould have sought for you, but your servant saidshe did not know where jou had gone. I amsorry. You must have been out longer than usual,for Charles sent a servant over here three times.

" Never, in all my life, did I experience suchloathing of myself, such utter humiliation. Myservant had gone further than I, in adding false-hood to falsehood, and I had placed it out of mypower to reprove ber by my own equivocation. Ifelt huuillixl to the very dust : and the next day Jresolved, over the cold clay of my friend, thatI would never again, under any circumstances, say' Not at home.' "

127" A yoang man bating finished his medicalstudies, applied to an old gentleman to knowwhether bis neighborhood would be an eligiblesitaation fur a physician.

Why," replied the old man, ' what canjoado!" ,

"Why, sir I can feel a pulse, and discover fromit what disease the patient is subject to.

' Here then feel mine," said the old man, stretch-ing oat Lis arm.

'You are troubled with the headache," said theyoung man, after a sagacious look.

" Never bad it in my life sir," said the old gen-

tleman.This was a poser. Profound silence ensued.

I suppose yon think me a fool," said the phy-sician, retiring

" Ah you know what I think but joa don't knowwhatla."