The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1858-03-18
NOTES OF THE WEEK.

JUS riSut U ! piSchry u IuuiOa, on his lSlanu,
is rather important as a precedent Montgomery in
1S49, purchased Of Kekauonohi, the tract of land
known as Puuloa, under a conveyance which de-
scribed the bounds of the land as running to the
open sea, thence along the edge of the sea-" SC.
The purchaser very naturally supposed that he had
purchased Kekauonohi's right to tabu fish on the
grounds to seward of the land purchased, which
right is set forth in vol. l of the Statute Laws, p. 80,
where it is stated that the fishing grounds from the
distance one mile from low water mark shall be the
private property of the landlord whose lands, by
ancient regulation belong to the same" That Ke-
kauonohi. in conveying the land to Montgomery con-
sidered that she had sold her right of fishing therein,
would appear probable from the fact that after the
sale, she never took any fish from those grounds or
exercised any authority thereon. Judge Robertson,
however, took the ground that the defendant, Mont
gomery, must be bound by the strict reading of his
deed. which said nothing about the fishery, and that
none of the rights of piscary possessed by NJ. Kekau-
onohi as owner of the fishery could have passed as a
mere appurtenance to the piece of land acquired by
Montgomery, but must be transferred by an ex-
press grant. The latter, however, was entitled TO
a common right OF piscary on the grounds in dispute,
with other tenants under Kekauonohi or her repre-
sentatives. The decision, although opposed to the
popular opinion on piscary rights, is undoubtedly
founded on n correct Interpretation of the law.
BuRNISG OF THE suIp YouxG HERO, AT LAHArNA.-
BY an arrival from Iahaina on Tuesday morning, we
regret to learn the probable total loss by fire at that
port of the American whaleship Young Hero, of
Nantucket, Capt. Long, with 800 barrels whale oil
and 20 barrels sperm on board. The vessel was
bound north, having arrived at Lahaina on the 1st
instant for recruits. In attempting to get under
way on Saturday. she ran foul of the French whale
oI.n As,41s4. TTT Ir;pp ~ ,nnlor rrbarolv <Io
Young Hero was damaged, it is said, to the amount
of $4,000, and again came to an anchor. On Sun
day night, n fire was discovered in the hold, which
was evidently the work OF the crew. AS soon as the
alarm was given, boats and men from other ships at
anchor and from the shore were dispatched to the
burning vessel, and strenuous endeavors were made
to quell the names. When it was found that the fire
had got too much Roadway to be mastered, the ship
was unmoored and lowed into the passage, with the
view, it is thought, of saving the oil on board; but
she was again towed out into the roadstead, where
she lay on Monday afternoon, fast burning to the
waters edge. The Young Hero, was quite a new
vessel of $40 tons, ownel by Messrs. G.. and VI. STAR
buck, Nantucket, Mass, and had been two years in
this ocean, having left home in October, 1856. This
is the first instance on record Of a ship having been
burned 1t Lahaina. though two have been thus de-
stroyed at Honolulu, and one or two unsuccessful
attempts at Honolulu and Hilo.
SERVED THEM RIGuT-Last Saturday several ship
masters, having procured horses, were induiging in
n ride in the environs of the city, when the native
Iolice-who are always on the watch for strangers
pounced upon the pleasurc-seekers and took them to
the Station-House, whereas a matter Of course
they were each mulcted in the sum of six dollars and
costs, for fast riding. On Monday morning they ap-
peared Mt the Police Court and preferred charges
against the police for Illegally arresting and modest
ing them in the public highway, laying damages at
$50 each. The result was. that the fine was RENTED,
and the policemen each fnei Twenty Dollars and
costs, il having been satisfactorily proved that so far
from riding furiously within the meaning of the
statute the riders were not sufficiently adopts in the
saddle, nor did their steeds possess sufficient life to
get up a respectable gallop.
CHRIS TMAs IsLANp-Capt. Oman of the Lpan,
has handed us n sheet of paper which he found I'M
der a cocoanut tree on Christmas Island, containing
the latitude and longitude of the entrance to the
lagoon also lat. and long. of Fanning's Island, with
sailing directions for entering the harbor. The paper
is dated at Fanning's Island, Oct. u, 1857, and
signed r. p. Macfarlan. The figures and directions
are the same, with the exception that the latter are
not so full, as those published in this paper of July
Both, 1857, and which have since been extensively
copied abroad. -
A SPERM WHALE TAKEN.-A passenger from ka-
hului reported that a school of sperm whales was
seen off that port last week. The same school, con-
s;sting of ten or twelve whales, was fallen in with by
the ship Midas off the west end of Molokai on Mon
day last. Capt. Tallman sent his boats off for the
chase, and struck two whales, one of which was
killed. On Tuesday the ship was boiling down all
day off this port. The whale captured will turn out
about seventy barrels of sperm oil.
A GYMxAsIUN.-Mr. Charles Derby has opened a
school for teaching gymnastics in the Hawaiian Thea-
ter. The practice of athletic exercises is getting to be
very much appreciated by the managers of schools in
America and elsewhere. and in these days no one will
ignore the fact that a vigorous brain depends greatly
upon a vigorous set of muscles. Not only the young,
but men of all ages are benefited by the exercise,
and we are pleased to learn that Mr.. Derby has Sc
cured a large class to begin with.
LEGAL NorroEs.-In the Polynesian of Saturday
last are the following Notice of the final settlement
of the accounts of G.. 4. Beckwith, administrator on
the estate of inimaka of Honolulu, late deceased,
at the Court House in Honolulu on Saturday, March
Doth; notice of Marshal's sale by auction Of one
horse, on til 9th April proximo, to satisfy a judg-
ment in favor of Bertelmann, against Paul Emmert-
= We notice that a new iron fen ce has been i'm
ported by the EiizaS Ella for the burial lot belonging
to the Odd Fellows in Nuuanu cemetery. The SYM
bols Of the Order-three links, crook, heart and
hands-are ~tastefully arranged in the railing, and
the whole, when completed, win add much to the
ornament Of the grounds
A Public LEcrURE-We learn that Mr.. j. C.
johnson, recently from California, viii deliver a
lecture before the students of the Oahu College in the
Fort Street Church, this evening, at Z 4 O'Clock. Sub
ject 1.-The practical advantages of a thorough edu-
cation The public are invited to attend, and we
hope to see a good audience.
WORTH NorING.-Chas. W. Vincent, ESQ.,, has
sent us a fine specimen of sweet potato, about thirty
inches in circumference, and weighing ten pounds.