The Hawaiian gazette., 1870-02-23
Charge BY sir Edward REernes. the
Chief Judge. % the Jary Panel 81
m. xss Provincial Ceart at
NoAahanaa- 4


Il u Customary far tie lSaccs at Aouae. when on
eleit 10 A3SrVSS the Grand Jaros of the rSScetise
ecsntcS apSa the state II the calendar YFesentcd 70
sssza- HssS sASss : no 6rssa 1aSy and h Is enSy
JSFaO that the SsyxSeeS et tee CerHaen Jerr Panel
/ can Ac called fer. le EpsiSaa. the observations
pssAia the asStrses and hsve ao refereacc 70 civil
czS<s tcsrros eGt think. however, thai & + eaite
ss srsPeyssss hat JEaSe sAeala. il the occssaoa
scezs 70 eah te- t. oessrre 0a the general easrae-
teS - the htgstieu scadiug IN bis coaSs eo the
eHSrsoter a the erfnVs Il : his alty te punish
Ssh teSrctcrV tSSV this opeostuultv eSi0re leaving
rokoSauaa 10 naAks sneA obssSV~stops the assnrc
u the osSeS WhicA have corac eeiore me IS thry
scera - demand W .tl
Aaa Srss let uas draw your attention ccpcrsllS 10
nstSattoc. Us eorsecuc-ocs, ard The true means Of
avoiding h any disiassAies its evil results
Tacrc Is 30 &ene, that ( Is sFS3t esil Il seems
however to X uacSi receSsAFy cue; ncn take dit
terect views u their rights ard obligations. Sad
6e;erTair@isea te FvEsTa sny question tha, arises
frcsa ore p;p, ~ rtcE only Is Of the most Ser
tile Eaosns ~ litigation. il Weuld take more
cauoe scnse view of their on interests vel IS
the isterSsts 81 others Generally speaking. calm
discussion II see Fint al tSS1s between the parties
nil lead 10 o0e side Or the other seSiS that right
Sri tSirnsSs ecGaaad CONCESSIONS, H not conicSSten
q eeiuS IL the rr0Gs, Even IT this mode of avoid
icS h.SSSfioc iS rot Successful there i another,
namely. of Ssrxsing 10 reler the subject matter Ia
6ifersnee to the decision - impartial third par
". csSh ssde To oe hoana ey his opiaion. In u,ef
cattle sIAirs SAe decisie0 os an experienced mer,
!
"a professional iatSSs and mvrearsils inca shonid
uaSSTtaSc the ofcc Of referee not for inward, but
SsssnstSuSly duty uhseh tAes owe 70 their
bro,hsr merchants Arbitration hy mcrv than one
Individual Object fc because 1t generally results
ia the parties ~acA tsssRir fFtcoa, more for the
2sryos@ q protecting his inisresis and advocating
his views. than Win n object of getting Impair
tisl &eci>sou Moreover, when men scs as SrhtFS-
tors, tAy apt not much to ssrive to arrive at
4 couar,o0 cOucl1Sio0 founded on CORRECT apprcci
Staa Of the merits of the submitted To them IS
fN rhfrr
or Vycce1coiTe6 Cpic0a shicA each may hSve form
Cd : the correct one and falling success In this
6e@veS they too frequently s@sEsee right principle
and j1sticSto wasi cSl splitting the didsrerce
eosrSc each making concessions .or Nhirh il calle
Ou- he coEid assign 20 reason o. excuse, except
thai % eouliu- TO co1elusica. and the result Is
dissatisfaction 10 eolh the parties Interested. Ncre
sroiirSioTs have curious tSney Tor imagining
that oy- undertaking 10 settle dffrence that has
arisen between two oF their neichbors. they have
transformed themselves into court Il justice;
love o; the Judicial oics seems 10 take possession
of sheur, they assume power which judges never
6rsznyT 0i exYCesS opinions on matters wholly ir
relevant 70 ths points AZ isSle- and for commit
Su slt persons who diifer With them all sorts Of
terrible punishment to- thai tsTTihle offence Gun
tsuapf u Co1rt Now single referce seldom falls
isto sueh mistakes; be has nobody 10 rub up his
plnu4se. no ore TO back him IN either ssS1mp
iion OF GEsni1y OF power. enc to Hgat with. and
ore y ccrcii@trs 80 be, geneTaily IL be is AZ all
con rStert nSr, ard rot over nervous, comes 10
oorreei ard sIeedy ooneiGsion. i1ai
wish eosid Saors heartily have recommended
to yOa the sestlemeat of your difersness by refer
sneS 10 Srei.rafior xuIougst yourselves OF by the
Submission o. any question in dispute between you
-eSpeSixliy s3bjccis of Rlercsntiic Importance
to Ccurait;e of Arbitration dependent On OF erna
nasis-s FROM. your Chamber Of Commerce; eut nly
late expxEicnce IN this eonn,ry has taught thai,
ruzever excellent such qEsS Courts Of Concili1tiou
are il isTge iovas, sLd Where the communities
very large and Widespread, the objections to any
ncGe of procedure which entails the disclosure Of
gensTal business STranse@ents TO rivals lniads, or
~he aF A -
bsiug n1aesced by prejudcs in fzyor Of. against
individuals or BY motives Of personal Interest,
ssssE, tAsf, iu Srnsl eGmmcniiies, unofficial srbra
Cons. involving moTc than reference 10 single in
tivieGzl. sre not likely 10 be isigVly SvsileG Of
Cniil- thea, s0lie arrangement can be made for
prOVidir more Immediate aud direct judicial asSis
tsneS H Ms C>nsrixres IN Japan than Al present
exists eanno, DO better than remind you that you
can, II you think proper, uore largely avail your
selyS Of tie assistance Of the jadieizl 0fctrs of
the Supreus Coarf al Shanghai, than you have
hitherrO dore- j do ROT mean By way Of appeal
from tie decisions Of the Provisional Court but by
ESy cf references IN the hrst instance. You can
agree 10 refer any matters iu difer0ee between you
10 the sole and nn2 arbitration Of either or both Of
Her MaieSty's Judges in their private capacity,
sitting a IudSes; taking thai your submission
10 such SFbiiration, whether II be private or public
bs made Rule either Of this Provisional Court or
Of the Saprsme Court In order to facilitate this
coursc will settle and seu1 printed forms of
Ordinary Agreements to refer, forms Of submission,
and also forms OF Rules Of Court which viii have
Eteu made, the force of judgment The expense
OF such proceeding viii be eOnlsrStively slight
Another mode Of obtziug settlement Of any ques-
Ii0a ectueen YOU 4 As follows: :-yOu go before
the Provisional COur- on summons, under Sections
and Of the rules Of Procedure (NOte ~ and agree
10 frame case which shall Be forwarded TO the Sa-
prene Court for decision without formal suit The
practical difficulty, however. vbicA merchants Gx-
psriencs in pursuing tAs course Is, that they can
seldom II ever. agree on tie question OF t2N OF OF
f1ez 20 be decided Hence tbis mode Of procedure
hrS mt . nf a.
beeu. S< seems to require the assistance u pro-
feSsionsl men By neither Of these modes Of refer
eneS are yOr cebSTred from employing prof ssionai
mea. bat yo1 nay materially reduce your legal az
penseS by simply retaining counsel 10 argue your
case before the Arbitrator in COGrt las the ref
erence may b private or public onel on the pa
peTs yor have Rufnslly sgTee6 to seHd up. But do
Of tao thinZs-eisier agree TO refer. or 60 into
Court do nol throw your case into Court and
tken agree 10 refsr; for What ezrtay use is 1t TO
commerce legal proceedings and carry them to the
eve Of trisl thus iae1ri1g the expense of fees and
ensis and then 10 refer the questions At issue TO ar
biiTziioos You then have TO begin as il were, de
zovs-to sFESngs your terms Of refersuee-to choose
arsi'Faiors sad 70 pay them, and 10 par, over aud
sbove your Court fees and lawyers charges, other
COuri fees and other charges.
A9zey-I should nov Ike 10 draw your atien-
tor 10 an important subject closely connected with
mercantile parsuiis Iefrr 10 the matter Of agency
Tbe c-sr= which have come before me show that no
subjsci * 10 It's legal aspect, less understood An
idea sees prevail that agent has necessarily.
:
the latter il in 81 cAses. bound by his scts and not
only i little or 90 taken ascertain tie extent
or nature a the agents authority. but species Of
general reP1fsfiOD spPezrs 10 suffice Nov, the /
verT first thing DO i, Ehen dealing with agent
10 sseer1ziu The nature and extent 0f his authority
II he declinfs disclose this either refuse TO deal
with him insist upon dealing With him prin
eipsi z1d then take the ordinary pFecauions which
are necessary and common 70 ell dealing Tie case
Of the 0&aoa furnishes pointed Illustration Of the
folly and riSk Of engaging in Transactions without
6rst a<crfsning whether the parties 10 them are in
4 position to do all they ass8me 10 do Here is a
ship sold oy irT1 as sgcnts for the owner under
power which had expired before the sale took /
place: very little inquiry would have shown that
their agency ad eoGd the authority 10 sell ceased
and even sgppOsing they lad a right 10 consider /
themselves = still representing the owner. and scf
iug in accordance with his wishes yet inasmu ueh az
the Act Of Parliament regulating the sale and
feaf vessels preseTibes particulars vhiea tbey
not IN position to fulhI, they, il attempting to
effect sale Irregular i was and void in law IN
certOok immense responsibility, which might have /
szenryp0Eer TO sell the vessel bad expired no in
formal or implied agency, to be collected from =
mess Of correspondence, eO1d supply ts pisee, the
Act Of Parliament being clear aud positive as to
how. ard IN what manner, vessels are to be sold I
Yet IN fbs fzee Of this, the frn vas wiling TO- and
scf1aliy did, give bond in large amount TO pro-
dnce dsc1nnent which they BID no control over 4
ard which As Il turned out were unable 10 1
prod1ces and 70 incur the rs suit in Equity I
on tbs pas Of the purchaser, 81 the specific per
fornance OF Z contract which they mnst have
kooSn they hsd 20 power 70 perform, action |
81 law Il the SANE suit TO recover heavy damages