The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1858-09-23
Mos, Di.srnceful Conduc,.

Some months ago it will be recollected that the
retail liquor license of Mr.. 4. Peatt was declared
to be forfeited, on account of his selling liquor to
the natives. His bondsman, too, was compelled
to forfeit FIVE hundred dollars TO the government
on account of the misdemeanor of his principal.
All this was doubtless strictly in accordance to
law, although it was considered by many to be
unjust on the part of the government to compela
poor man to forfeit even half his bond for no Of
Tense of his own. Had the bondsman been a
rich man. however, no notice would have been
taken of his part in the play, and he would prob
ably not have had to pay the first dollar. Cir
cumstances alter cases."
We will let this pass, however, and come to the
subsequent transactions. The premises and dwell
ing of Mr.. Peatt were attached by the Sheriff,
and after due notice, sold. Although occupied
up to the day of sale by the former occupant, who
still claims possession, the terms at the sale,
which took place four weeks ago to-day, were
that immediate possession would be given. The
premises were bid off to Mr.. A. Bolster, who was
the bondsman alluded to, who, on assurance from
the Sheriff that he would be given possession i'm
mediately, paid the purchase money. A month
has passed by, and the purchaser has been unable
to obtain control of his property. Application
has been made to the Sheriff several times to OBJ
tain it, and the cool reply is made that the pur-
chaser must now get a writ of ejectment from the
Supreme Court, which involves, with its attendant
fees, an expense of a hundred dollars or more.
The above is a plain statement of the case.
Now. We ask, what authority has the Sheriff
or any other officer of the government to tamper
with the rights of residents after this manner?
1t is a right we are all Interested in, and must not
be passed over lightly. We will not consent to
see any one imposed on by government officers.
If the property sold on the part of the govern
ment was honestly purchased and paid for in
good faith, the government is bound to give DOS
session without expense according to the terms of
sale, OF else restore the purchase money, when
demanded by the purchaser or his attorney, as
was demanded in this case.
The whole transaction is a most shameful i'm
position on the part of government agents, on one
whose only fault appears to be that he is poor and
an Irishman. Had the purchaser been a rich man
and an American or Englishman, 1--WE say it at
the risk of making an Irish BULL he would not
have had to wait a day before obtaining DOS
session but being as he is, he is told by the
Sheriff that there is his property, and he can take
possession when he likes. We have rarely heard
of any transaction so base, and if the government
does not take immediate steps to rectify it, people
will have to find some other mode of redress.
Were we the purchaser, we would not spend one
dollar to eject the tenant who claims sole right to
occupancy, even if a twelvemonth expired, and
we believe that any jury would give damages
against the Sheriff or the government for loss sus-
tanned.
We are glad to hear that the British Acting |
Consul has taken the matter in hand, to call the
attention of the government to the outrage, and
hope he will not dismiss it till full compensation
is afforded to the injured party.
Hereafter, when the Sheriff sells attached prop
erty, we would suggest that he give notice that
possession will be given when the former owner
chooses to relinquish his claim.
To ARRIvE-Brigantine John Dunlap sailed from
San Francisco Sept. l. in company with three clip
pers. She may be looked for when her small stores
are exhausted. The Syren. Mountain Ware and
Young Greek from Boston. -Aierander from New
London, Harriet and Jessie from New Bedford, Por-
feHa from Liverpool, briggs Harburg and Tsutona
from Bremen, are all due and may be in any day,
bringing in all some 6000 tons Of merchandise. !