The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1846-01-13 00:00:00

prepared a petition praying to be heard by counsel
--• •

st the same

:I to tall most plentifully in Bar

badoes, visiting the island both da
last account, and latterly the wind was very boisterou
the thermometer has ranged as low as 7l degrees. Ti
weather has been very general, and the earth is complete
saturated.

and nigh

The Trinid
occupied in tl
abolish the bc

ad Council of Government has been much
le discussion of the motion of Dr. Philips to
iunty on passage-money paid for immigrants

from neighbouring colonies. On the suggestibn of the
Solicitor-General, the motion was ultimately postponed,
and a committee appointed to inquire into the subject,
and the alleged frauds committed by collusion with the
capta'nq of

Santa Ani

•
:sse's bringing colonists to the islands.
i continued at Havana, and it is generally
th the view of sooner or later returning to

considered wi

SANDWICH ISLANDS

-
We have received some extracts from a file of Sand-
wich Is'and papers, published in English at Honolohu, to
the Ist of September. Judging from these papers, the

islands are making rapid advances in civilizAion, as they
contain a large number of commercial advertisements,
and abundance of that free discussion which indicates a
state of society that has interests to preserve. We also
find that the Hawaiians have Legislative Chambers, Mi•
nisters of State, and a Court in which etiquette is pre-
served with as much precision as St. James's.
Among the extracts alluded to is a report made to the
Legislature by Mr. Wylie, the Minister of Foreign Af-
fairs, in which wiil be found the rise and progress of the
islandl independence, with several passages from the cor-
respondence of the British Government with our Consul,
General Miller. We have also a petition from certain
chiefs, who, jealous of the location and enterprise of fo-
reigners, protested against strangers being allowed to take
the oath of allegiance to King Kamehameha IV., with
the negative answer made by his Majesty's Ministers to
those representations. We have then the correspondence
that took place between Mr. Secretary of State Wylie
and Mr, Hooper, Acting Commissioner of the United
States, who undertook to suspend diplomatic relations, on
the ground that American subjects had been induced to
transfer their allegiance to the said Kamehameha, and
that the law courts of the realm refused to listen to his
complaints.
As an additional specimen of the march of the Sand-
wich Island mind, we should not omit to say that the
Court newsman has abundant employment in recording
the dinners and fetes given by the King, with the names
of the personages honoured by invitations to the Royal
table. Alas I nor should we forget that Honolulu Ohai
has both a Court of Chancery and an Insolvent Debtors'
•Court.

EXTRAORDINARY LAW CASE IN TRINIDAD
The Trinidad Standard, of the Ist ultimo, reports a
case that took place on the 27th of November, before the
SUPREME CIVIL COURT of this island, which is con-
sidered of considerable importance to persons connected
with plantation interests. It was a terceria, entered by
Messrs. Miles and Kingston, in an action brought by Mr.
A. Mackintosh against the heirs and legatees of the late
Thomas St. Hill, and Philip W. S. Miles and Thomas
Kingston, terceros opositores ; and was tried before the
Hon. George Scotland, Chief Justice, and two acting
puisne judges. Mr. Scotland, jun., appeared for Messrs.
Miles and Kingston ; Messrs. Bowen and Stone for Mr.
Mackintosh.
Mr. Scotland, before proceeding with the terceria, said
that although the levy in the case had been made, and the
sugar and molasses in dispute bad been sold by the mar-
shal, in the month of June last, no return of the writ had
yet been made, notwithstanding the case had been several
times before the court, and it was promised to be re-
turned on each occasion. In the case of the terceria of
Miles and Kingston, in the previous action, the marshal
bad stated as an excuse for not obeying the order of the
court to return the writ, that the purchase money of the
property had not een paid to him. In this case there
could be no such excuse set up, for the money bad been
paid five months ago. Unless, therefore, his learned
friends on the other side would waive the objection to the
return not having been filed, he would apply to the court
to adjourn for half an hour, and peremptorily order the
marshal to return his writ within that time.
The Chief Justice asked where the money now was ?
The Attorney General, who appeared for the marshal,
stated that the money might be considered as in court;
and produced the writ of execution, with the particulars
of the levy, but not signed by the marshal.
It was agreed that the return should be used in that
state, the Attorney General having promised that it should
be signed on the marshal's coming to his office.
Mr. Scotland then called witnesses, and put in evidence
the proceedings of Messrs. Miles and Kingston v the
Heirs of St. Hill, and two deeds of mortgage filed there-
in, granted by the late T. St. Hill, on the Perseverance
and Wellington estates, on which they had received a
judgment of upwards of £ll,OOO sterling. The estates
had since been carried on by the executor, and the money
for them had been furnished by Messrs. Colhoun, Bro-
thers, and Co. The matter now in dispute was 13 hhds.
of sugar, and l 8 puncheons of malasses, which had been
seized on the estates by the marshal, under a writ in the
case of Mackintosh v. the Heirs of St. Hill. The plain-
tiff in this case had obtained judgment on a simple con-
tract debt. Messrs. Miles and Kingston now came in to
claim the proceeds of these sugars and molasses, under
their two mortgages. One witness defined the distinctive
meaning of " crops" and " produce." Mr. Scotland,
who contended that, under these mortgages, his clients
were entitled to be paid preferentially out of the proceeds
of the sugar and molasses which had been seized in the
cause, in consequence of being specifically mortgaged to
them, moved the court for a judgment of preference.
Mr. Bowen contended that no mortgagee could come
in by preference over an execution creditor, unless he
were actually in possession of the mortgaged property,
which was not proved. The executor was the party in
possession ; and in support of his view he cited several
English authorities. Mr. St. Hill, in the first mortgage,
agreed to ship all his crops, and in the second, 150 hhds.
yearly : therefore he had liberty to do with the rest as he
wished.
Mr. Scotland replied. The cases referred to on the
subject of English mortgages were quite inapplicable as
regulating such securities by the law of Spain. True, the
second mortgage required Mr. St, Hill to ship only 150
hhds., but the mortgage granted on the whole of the
crops of the estate was in no way affected by the cove-
nants, so as to impair it as a security for whatever sum
might be due under these mortgages. As to there having
been no breach, this was answered by the judgment re-
corded by the terceros opesitores, in their action against
the heirs of St. Hill, Which action was founded on these
been entered, and a decree

two mort

ed tiler

;fore the levy

- Ihe Chief Justice stated the opinion of the bench. The
case was clear. By the liw of Spain the owner of a sugar
estate had power to mortgage his crops of sugar ad
molasses, and the mortgagee had the right of arresting, in
the hands of the marshal, the proceeds of sales of such
when kyle' upon at the suit of a simple contract
reditor of the mortgager, provided that at the time there