Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864, 1856-08-23

vessel Is levied upon, in this instance the yes
sci might be detained until the execution matured,
and sale was had by the Marshal. Although this
may be true, even where the portion levied upon
does not constitute the major part Of the vessel
yet, It would seem to be but another mode of eff
fecting the object. In the one case the other
P>rt-owners are required TO give security for the
return OF the vessel at the instance of him whose
share has been Seized, or those succeeding TO his
rights, and in the other case those part owners
would be compelled voluntarily to offer such secu-
rty, if they wished TO send the vessel to sea- But,
1t seems to me unnecessary TO give positive opin-
ION upon this point at present, and look upon il
as an open question, to be decided whenever a case
shall come up in form which demands it. -s
1t IS cOntended further that the court ought not
TO entertain the libel, and grant the relief prayed
for, because to do so would be oppression and un-
Just towards those of the part-owners Of the Va
queTO, who were not connected in any way with
the proceedings against Post g. Co.
That this proceeding must cause a certain
amount of inconvenience and trouble to those part
owners must be admitted, but this is species of
inconvenience, which parties who own either yes-
sels or other property, in common with others, are
called upon to suffer every day. II cannot be
otherwise in the nature of things. II may be
misfortune for those part-ownerS to have their prop
erty thus detained, not on account of any liability
OF their own, but for the default of others yet, It
Is misfortune the possible occurrence of which,
can never be overlooked by those who agree TO
unite their interests in the ownership of vessels.
see no reason TO believe that the lIbellans have
instituted proceedings against the VGquerO, for the
purpose of oppression of wanton annoyance.
The fact that they acting not for their own In
dvidual interests, but for those of the creditors of
Swan Clifford generally, would seem to repel any
such presumption. Nor can l see any peculiar
hardship in these proceedings against the majority
owners who while they have the possession of the
hOld in thoiro ban tho Of
ing themselves against any ultimate loss, arising
from their being called upon to give the security
required, to allow the vessel to proceed at on
her voyage.
The motion to dismiss the libel is over-ruled.
]. Montgomery, Esq, Proctor for Libelants.
&C. Harris, and Alex. Campbell, Esqs., Proctors
for the Defendants.
Mol g. Reiners Assignees &C., Is, BaGk George.
Motion to release the Schr. Va9usrO, from exc
cutOn.
Judge Robertson, acting as Chief Justice, de-
livered his decision follows:
The Court is asked to set aside the execution,
under which the Marshal has levied on the interest
of G. B. Post, j. A Post, and E. H. Allen, in the
Schooner VaquerO, on the ground that The COM
palnunts have already, under the first execution,
levied the property Of those parties the Bark
Frances Palmer, being quarter interest IN that
vessel, said to be worth $4,000, an amount more
tnan SuIncleRt 10 pay the judgment TenueFeo
against Post & Co., and the further ground that
the issuing of the second execution is irregular,
inasmuch as the first one has not yet been dispos-
ed Of and IT does not appear that the first execu-
ton has been Insufficient or Intellectual.
| am not aware nf the existence of any inhex-
bic rule of law against the issuing of second ex-
eeutOn, IN like circumstances with the present. or
under which | ought TO feel bound to set that
cUtlon aside; and it appears to me that IN all such
cases, it Is h matter resting in The Soul discretion
Of the court say, whether the execution ought to
be set aside not. In exercising its discretion,
the court will not in this case, nor in any other,
do so arbitrarily, but prudently, with view to the
promotion of justice, and to the prevention nf inu
~, as far as possible. And If 1t appeared that the
issuing of the second execution was procured for
the purpose Of oppression, or of wantonly causing
expense and trouble, 10 any party interested, L
should feel bound to set it aside, and release the
vessel at once. But, in the present any such
inference, that, Is repeed BY the declaration of
the complainants, under oIth, that since the de-
parture of the Frances PGimer. they have learned
what induces them to believe, land they do yeT-
lily believe" that all the interest of G. Il. Post in
that vessel will have been disposed of, to rem
der their levy thereon Rbortve, and of no value.
consider this sufficient to Justify the issuing OF the
second execution, and the motion to set It aside Is
refused.
]. Montgomery, Proctor for Libeants.
{. G. Harris, Proctor for Defendants.