davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1871-01-11
The Treaty of 1850.

The following is a synopsis of the principal
points of interest in the Treaty negotiated at the
peace of 1856. OF course the articles referring
to the Black Sea, are those which Russia is most
desirous of having abrogated
ARTICLE 9. Mentions that the Sultan grants re-
forms in regard to his Christian subjects.
ART. IL. The Black Sea 10 neutralized. While
open to the mercantile marine of all nations, its
waters and ports are formally and in perpetuity in
terdicted to vessels of war, whether belonging TO ma
tons having territory bodering on 1t, or otherwise.
ART. II. This article prescribes that all regula-
tons respecting trade in the Black Sea shall be con-
ceived in q spirit favorable to the Development Of
commercial transactions. eo'rsf
Art. l8. The Black Sea being neutralized by
foregoing provision, Russia and Turkey engage
neither to construct nor maintain any naval or mill
tary arsenal upon its coast.
ARTS. 20 and 81 concede O portion of Russian ter
ritOry, to be annexed to the principality of Moldavia.
ART. ~. The principalities of Wallachia and Mol
davia are to enjoy under the suzerainty Of the porte,
and under the guarantee of the contracting powers,
the privileges and immunities of which they are in
possession. No exclusive protection shall be exercised
over them by any of the guaranteeing powers.
There shall be no private right Of Interference in
their affairs.
ART %. The sublime porte guarantees to the
aforesaid pricipalites an independent and national
administration, as well as full liberty Of worship,
legislation, commerce and navigation.
ART. %. The principality of Servia will continue
to be dependent upon the sublime porte and subject
to stipulations nearly similar to those named for the
other principalities.
ART. 80. Russia and Turkey are to retain in the
full integrity their possessions in Asia, to the same
extent as before the war. Commissioners are to be
appointed to settle the boundaries.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1871-01-11
Cuba not for Sale.

A great deal has been said and written regard
ing the sale of Cuba to the United States. Many
persons believe from the course pursued by the
administration that some negotiations were going
on looking to a transfer of the island. AT last we
have something definite on the subject. The Min
lister of the Colonies, or at least, his organ, the
Correspondence, of Madrid, says that the Spanish
people would not permit the sale of the island to
the United States on any terms. Now that we
know how matters stand, and that the only hope
for the Cubansr is for them to fight it out, we
trust the administration will see they have fair
play. Gave the Cubans this at least. The ad-
ministration possibly thought it might be able to
effect a bargain, but now that we know how the
Spanish people feel about the matter we hope no
obstacle will be placed in the way of the Cubans
in their struggle for independence.-N. Y. Herald.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1871-01-11
REMOVAL.

HAvING OPENED A NEW PHOTO.
III GRAPHIC GALLERY on Fort Street, nearly opposite
my old stand, next door TO GrunWsld 4 Schultz, 1 shall be
happy TO see my old patrons, and any others who wish for
hrst-class picture. All styles taken upon the most reasonable
terms. Having made arrangements with a good artist In San
francisco, / shall pay particular attention to copying and en-
laIging pictures for retouching or painting.
BY attention to the tastes Of my customers, 1 hope TO receive
. share Of patronage
Also for sale q variety Of Photographic Views, Portraits. &c.
PANORAMIC VIEW OF HONOLULU,
The only one ever taken Of the City.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1871-01-11
M~ARsHAL,s NOTICE.!

YNH LIE &c OF
~ at the suit Of John &. Walker, Executor Of
the WIN OF Geo g.. Howe, deceased, Va Leonard Mitchell and
konoEruia his wife, defendants, is postponed to Friday, Jan.
IA, ja7.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1871-01-11
NOTES OF THE WEEK.

THE Ng1r MAIL from the East win be due by the
d. q. .H"rrny. about Saturday or Sunday. unless
some transient clipper should call.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1871-01-11

THE steamer KTiaueo, from Ocean Island. may be
looked for any day after Saturday, when she will
have been absent 10 days. Capt. Long, before sail
ing, expressed the opinion that he should be absent
about three weeks.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1871-01-11

LIBEL DIsNIssED.-Tn the admiralty suit Of Henry
May against the schooner SoUereign and owners.
which was argued last Friday, His Honor the Chief
Justice gave a decision on Monday morning, dismiss
inc the libel. -
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1871-01-11

"A NIrURE, expressly selected for this market, consisting
in part as follows;
Common wood-seat Chairs.
Washington "
Light Grecian Cane-seat.
Oak c-op bent Dining cane-ssat Chairs.
Oak Once c~hairs-Rotary,
walnut Swiss Cottage Chairs,
Gill Arm Rockers, cane seat and back
Imitation rosewood q " ~
Oak Oyai.back Nurse Rockers,
Brace Arm Rockers.
Victoria
S GsPs c.a. Ca. sss al. DiSi Sso fh Dining cAA,n,
4" Common woOd-seat Rockers,
:. Ssss . ss1t v 1TS Sa s1hoi.sersd Rockers,
American an leaf Dining Tables,
sn Extension Dining abler, Walnut,
III ~ n :.
I" q n saloon Tables,
Z" land 81 n :"
Mahogany Iron feei Towei racks,
e carved al'sk "alo" = .eu8 dcr
Walnut ParioL sets in hairs'Otb.
Easy Chairs in nsiisO's, 49,
q Roefers .
" Hat-tree and bookcase,
Rose~oCd and gilt AOulddinss, diGsrens styles ana 'Hs''
Walnut Chamber sets,
Corner Brackets, &c, &C.
Q e.rrlrt ALSO ON HAND t I'
Koa Bedsteads, Pine Bedsteada, "
Pine Bureaus, Mahogany Bureaus. walnut Bureaus.
Lounges in Damask aud HaircIoth,
. Mirror Plates, WAshstands, > &&.zfs 49,
Walnut Backgammon Tables,
Childrens Willow Carriages. .t
wheel Chaise-top Carriages,
wheel "a q = lI-t e 2 rs
Spring, Hair, Excelsior, and Straw Mattresses made to order.
Also, Lounges. Rardrobes, Bureaus, Tables, Bedsbeads, Meas
SAFES, &C, &c.
An Of which win be sold as cheap as the cheapest, and per-
M -Purniture repaired ct short notice and on reasonable
terms. Orders from the other Lalands win receive prompt and
careful attention.
Nos. SO and 80 King Street.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1871-01-11
GySEIP@A1
BY C. S.
MARSHAL'S SALE.
FORECLOSURE OF MORTGAGE
R.sore the Hon. A. 8. HartWell, First Associate Justice of The
Supreme Court and Vice Chancellor.

1oUy s WALKER, Executor under the VIII Of q. q HOWE
late Of Honolulu, deceased, Complainant. ia. LEON APR
MITCHELL and K~oAOkUULEI, his wife, Defendants.
my VIRTUE OF A DECREE ISSUEn Nv
III the SuPreme Court OF Law and EQUITY Of the HavaUan
Islands in favor of the shove named Compiainapt- .oains1 -
above named Defendants, for the sum Of One Hundred y
PIkythree I7-1oo Dollars (sl53 III, I shall expose for ale :
Public AUCTION, upon the premises at Keoneula, Hono,nIr a.
and Of Oahn. on SATURDAY, the I4h cay Of January 4 n
1871, at " O'Clock noon, all the right. title and interest Of the
said D9endants In and 70 all, and singular, the mortgaoed
premises set forth aud described in the said mortgage n the
Complainant, In this cause fled, and therein described AZ toL.
lows, vzE
The undivided half OF that certain piece OF land situated at
Honolulu. Island OF Oahu. II. l., granted 10 KaIuna-
alma for L9pe, by Royal Patent No. 442s, dated the 7h day Of
APrh, looi: sd more particularly described in q Deed from NJ
hposp u leonard Mitchell, ne-half; Caroline Mitchell. ONE
quarter Amelia Mitchell, one quarter, dated July Sh. 1850
as tohoss: = hoomaka ana ma ke XIII hikina. c pill ana me
&c ala osoh . e hoIo akau ~ . so kom. 152 PIP kan. ma Ia
LtPoe, hiki IA pa olelois no ". HooIiiamanu XIII. aIala
~ kom: l3 3-l2 kap. ma Ia pa o HoOliliamanu kihI,
AiAna hema ~ go blk l7 2I2 kap- ma ka Kspono kihi''
Akan o blk l2o s-l2 kap. ma ka kihi aksu ala oIoIi /
hooks1 no keia mau alma q hiki 4 IA hoomaka ana Ea
Ia III alma Dis l-5 anana oi . imi Xxi paha, together with one
nahoi te tenements, h-ereditsments and appurtenances there
unto oelonging. Unless the Judgment. interest, cost of suit.
my Tees and commissions are previously satisfied.
W. G. PARKE. Marshal.
C.s. BARLOW, Anctioneer.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1871-01-11
THE PACIFIC
Commercial A0btrtistr
JANUARY IL.

PHASES OF The Moon FOR JANUARY 1871 Honolulu
Mean Tine-As prepared by Capt. Daniel Smith.
Jan oau-Fuh OF 4 A NJ
ian zOuh-Se" 4" ---......--.-... zoo o p NJ
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1871-01-11

LONGEVITY IN New YORK.-In a late number of
the New York Daily Herald. under the appropriate
heading. we note the record of nine persons deceased,
from the second to the sixth of November, whose
ages were as follows 81, SO, 81, 80, SO, ~, IA, 72,
S2.-an average of eighty years. 1t is remarkable
that these venerable people, as if by previous con-
cert, all took their departure from the scenes of their
earthly sojourn within four days of each other.
These octogenarians must have been people of regular
habits and contented minds.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1871-01-11

ARIrHMETIcAL PRoBLEMs.-The examination Of
the common schools supported by government, which
takes place this week, has collected together quite q
number of school masters, and they have been try
ing to pose one another in arithmetic. The discus
sions have been carried on in the streets, attracting
crowds of idlers, who express their appreciation of
the best hand at figures by loud shouts. Some rather
abstruse problems were presented-the Hawaiians
have naturally q taste for mathematics-but some
also that were sufficiently ridiculous. Here is one
that was propounded yesterday in front Of our Office
If an Admiral is six feet high. and his sword three
feet long, what will be the height Of his cooked hati
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1871-01-11

PooH OLD HoRsE-On Sunday, a poor old worn
out horse, deserted by his owner, laid himself down
in Kukui street to die. Information having been
laid at the Station-house. a policeman, with a cart
and several assistants, proceeded to take the animal
away. Before doing this, however, one Of the party
cruelty blew out the poor animals brains with a
small hammer, after which the carcass was removed.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1871-01-11

Cold WEATHER.-Last Saturday p. m. the wind
came out strong from the northward, and blew very
strongly up to S Sunday night. The air was cool and
bracing-so very cool in fact, that many. especially
old residents, complained Of the cold, and thick
jackets were in requisition. while cold baths were at
q discount. 1t was good sleeping weather however,
and,-rare thing in Honolulu blankets were lug
ged out of their hiding places. Mosquitoes ceased to
buzz and hid their diminished heads. On Sunday
morning at 5 O'Clock, the thermometer stood at bare
ly GA, and did not reach 20 during the day.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1871-01-11

POPULATION OF CALIFoRNIA.-By the official state
ment of the population of California, furnished by
the US. Marshal, the grand total for the state,
census of 1870. was 556, 613. showing an increase
since 1850 of 176 ,619. San Francisco county has
$50, 272 inhabitants, against Sc, sO2 in 1s6O-an in
crease of 90, 470. -
ELEcTIoN.-At the regular monthly meeting Of
Pacific Hose Company, No. 1, held at their rooms
on Monday evening last, the following gentlemen
were elected officers for the ensuing term Foreman,
W. r. Castle ; Assistant Foreman, Thomas Tannatt !;
Secretary, J. NJ. Dat, Jr.; Treasurer. c.. A. Castle
Delegate, ]. II. Black.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1871-01-11

FORTIFYING.-Seeing two twenty-four FOUNDER
cannon lying in front of the new Post-offce build
ing, a stranger inquired what they were intended
for. He was gravely informed that they were for
the use of the Postmaster-General to announce the
arrival and departure of the mails. One to be fired
ten minutes before the opening of the general de-
livery and the other ten minutes before the closing
of the office. The stranger walked away musing on
the queer customs of Hawaii nei, never dreaming
that the old guns were intended for corner posts.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1871-01-11

SUNDAY GAMBLERs.-Last Sunday. information
was given to the police that q party Of natives were
engaged in card-plsying in q house at Kamakela. AS
the police approached the house. two Of the players
ran of. doubtless carrying the cards with them,
and as no evidence could be found a. to what had
been going on. NO arrests were made. The house is
30 situated that anyone approaching it can be seen
some distance of. There was no doubt as to the
card-playing, but legal proof was lacking. f.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1871-01-11

He DID HANG HIMsELF.-The " attempted suicide -
reported last Saturday, came nearer the accomplish
ment of his purpose than we were first informed. He
not only got his neck into the noose-which was
artistically made-but had swung himself off whom
discovered. 1t was some minutes before he breathed
after being taken down. The cause appears to have
been desertion by his wife, so that there was q
woman in it, as we had supposed. The mans name
is W. ]. Kaulia, formerly a member of the Legisla-
fnra from Kan - .
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1871-01-11

AGGRAVATED AssAULT.-Last Monday afternoon,
as the -fsttie Merrill was preparing to sail for
Lahaina, several Of the crew, who were drunk, got
into a fight. and Captain Crane, the master, under
took to quell the disturbance. One of the men, Q
Tahitian, turned upon the Captain, and applying an
offensive epithet, struck him a severe blow on the
cheek. They c~linched, and in the struggle, both
went over the side into the water. There the man
had decidedly the advantage over the master. who
could not swim, and he was repeatedly forced under
the water. the sailor evidently intending to drown
him. A young Hawaiian employed at Brewer &
Co.'s. seeing the desperate situation Of the Captain,
plunged in, just as he stood. boots and all on,r and
rescued the almost drowned man from the clutches
Of the would-be murderer. The latter was arrested.
and yesterday morning tried for an assault, the
evidence fully corroborating the foregoing Statement
The Magistrate reserved sentence until this morning,
remarking in the meantime. that il was . case Of
most aggravated assault. and th&s he regretted that
the Law under which the complaint was brought did
not provide an adequsts p-unishment for the oHense,
Had it not been for the timely interference Of the
young Hawaiian. the prisoner would doubtless have
been arraigned ON 8 charge OF murder. instead Of
one Of an assault. 81
The New York herald., 1871-05-02
SUPREME COUaT--clsCUlT.
Case Of the Jury man who Claimed to Hnve
Signed Verdict Through Threats Of
Violence.

Case of the Jury man who Claimed to Have
Signed Verdict Through Threats Of
Before Judge Van Brunt.
Wulfs rs. Wedver.-In this case, which was Q
suit regarding the transfer Of real estate and claim
for money growing out Of such transfer 1t will be
recollected that the jury the evening Of Friday,
the 2lsr ult, signed sealed verdict for the plaintiff
This verdict was opened the succeeding Monday
morning, in court, and was found to be for $4,000
for the plalntifr, but on the jury being polled
Samuel II. Cornell denied that this was his verdict,
and stated tnat he signed the same through fear OF
day. the Court having instructed Mr.. Cornell to ap
pear also some members OF the jury, and present
their explanations In the case.
MI. C0rnell's lawyer reiterated the statement OF
Mr. Cornell, alleging that the latter signed the ver
dict to obtain his discharge from the jury and thus
save himself being made the victim OF the threats
uttered against him and with the intention OF fully
the verdict The Judge said that this statement
had better be reduced to au alidavft, and that II
there had been any improper action on the part Of
for the District Attorney TO Investigate.
An afldavit OF the foreman or the jury was sub
mitted denying the allegation OF threats being used
stating that Mr.. Coruell signed the verdict Of his own
free will and accord. There was presented also the
affidavit OF another juror setting forth that on Sun
day, the Esd ult., stout, thick set, p0ck-marked
man, with very black hair and w1iskers, whom ne
during the progress OF the trial. and whose name he
believed was Robert Willis, called at his house, and
seeing him said he was not the man he was look
Ing for, but described particularly Cornell, and got
from him his name, saying he could find his resi-
dence from the directory.
The Court adjourned further hearing In the case
said to be bfother-in-law Of the defendant as also
nephew OF the plaintiff, exJudgc Willis. The case
has been In litigation for the past four years.
The New York herald., 1871-05-02
SMOKED 10 psA1A.

singular case, with fatal result, was yesterday
brought to the attention Of Coroner Keenan, ON
Saturday afternoon Edward Carr, a lad thirteen
years OF age, late OF 22o East 18th street, with
several OF his playma;es, entered an Old cesspool,
about twelve feet deep, on l2th street, near First
avenue, dragging with Them an old straw bed which
had been thrown aside az useless. After PLAYING
there some time one of the lads touched n lighted
match to the straw IN the bed, thus setting II on
fire. dense smoke was the immediate result and
stampede followed, but before being able 10 es-
cape E1ward inhaled so much smoke as to reduce
hm TO iusensiblify. BY proper treatment he was
partially restored, but was subsequently taken
worse and sank gradually TIL Sunday, when death
ensued.
Wooster Beach, M. d., made a post mortem ex.
animation On the body and found that death was
caused by exhaustion from inhaing smoke, and
such was the verdict OF the Jury.
The boys with the deceased a. The time escaped
uqlAgaed;
The New York herald., 1871-05-02
COURT CALEhDARs-THis OAY.

SUPREME CoURr-CIRCulT-Par 2--Ilcld by Judge
Brady-Nos zoe 2sS 64a. 1892 76 1908, 12s Is. l42.
SUPREME CoURT-SPEOIAL TERM-Held by Judge
sutherland -Demurrers-Nos. and 10. Law and
fact-Nos 73, 10o So So 3d. 81 to s5, Inclusive.
SUPREME CouRT-CHAMBERS-Held by Judge In
graham.-Nos 8, %. 25, 80, 80, 50. 81, 81 6s. Call.
No. 65.
SUPERIOR COURT-TRIAL TERM-Part Held BY
Judge Jones-Nos. 1908, 157, 163 SOL, 579 $685. 5s7,
76 1881, esl, ees, 6e5 6o7, 6es S7 e73 675: Part2
37s, 372 44s 6o o5e $780, 594 324 $685. 5se. 1907. 664
COMMON PLEAs-TalAL TERM-Part Held by
Judge Loew.-Nos. 332, 731, 3yS 897. 54S S92 500.
394, 512, 229. 70, 113, 52t, 815,- $780,
MARINE CoURr-TRIAL TERM-Part 2-Hcld BY
Judge Joacnimsen.-Nos. 6.54O o,1s7, 6.541, 6.542.
5,643 5,544 55i5, 5546, 5.647 IS, ,548 $50. $3.50.
6,553 5,654 $3.50. Part 1-Held by Judge Shea
nos 6o5s, Sa2s, $685. 6,42l; 54i0 6449. 6sl4 5oa9.
Held By Judge Gross.-Nos. S22, s2is, e,2I4 s,a45.
q. SAG, 6,347, 6,34S.
The New York herald., 1871-05-02
THE CITY FINANCES.

Paying tho Interest the City and County
Debt-MagniHcent Bids for the viaduce
Railroad Bonds.
The semimonthly interest on city and county
bonds was paid by the Comptroller yesterday The
funded debt amounts to sac se4 81. The interest
paid was $l,13e,12 IS. The temporary debt IL
$lo 500; the interest paid was $acl1 oe The
temporary debt payable for assessments for OPEN
ing. sewerin0 and Improvement Of streets. The
county debt .funded) amounts to S4,5o1, $50, In.
terest on which was paid to the tune OF
o. 1t will thus be seen that the total city
and county debt upon which interest was paid
amounts TO $s205s,7l4 81 II should be understood,
however that the sinking fund holds ST. 7S4063 OF
the securities upon which interest was yesterday.
paid to the amount of 1871 30l 05 The debt, there
fore, exclusive OF the sinking funds hold upon IL,
amounts to $e4.274,e5l 50. In tnis connection Il
may be OF interest to the general puo!lo
to state that strenuous efforts are being made by
capitalists to get hold OF the 600 stock 20 pc
issued for the viaduct railroad on tho part or the
city Three savings banks Of this city have already
made an offer to take the whole amount; and, stll
better, Wall street banking house, doing Dns'nSss
on German account, has made an 0ner 70 taKe tnau
5000, 900 in gross a. a premium: Who can say
after this that the creit Of New York clty is not
The New York herald., 1871-05-02
COURT or OYER AND TeRMINEs.
Preparing for the Work Of the Term.
Before Judge CardOZO.

Preparing for the Work Of the Term.
Before Judge Cardozo.
The May term OF this court opened yesterday
morning. Swearing in the Grand Jury and charging
them was the only business transacted The follow
ing gentlemen constitute
THE GRAND JURY
James NJ. Bixby, foreman; 5. Henry Allen. John
Boyd Robert Bage, Lucius L. ComstocS Charles H.
Contoit, James Gibson, Thomas Holland, Frederick
S. Kirtand, Alexander X. Laing, John @. Mather,
Oscar A. Mathusus, Louis vanmann, Richard N.
Peterson, Oscar purdy, Charles Spear ]. Nelson
Tappan, Henry B. Venn, Charles B. Van Saun, John
D. Wing, william Weed and BENJAMIN J. Weinberg.
TIE JUDGES CHARGE.
The Judge made q very brief charge, principally
upon the statutes. He said that most OF the jury
were familiar with the nature OF tine duties dcvolv-
ing them 1t was unnecessary to detain them with
an elaborate explanation OF such duties. Matters,
however, OF the gravest Importance were coming
up and in relation 10 such matters 1t was insisted
they should exercise diligence and promptness, so
that the public might De satisfied that justice would
be promptly vlndicated. AT the conclusion o: the
charge the Jury retired TO their duties petit
Jurors were discharged until tomorrow morning.
1t is expected that the
TRIAL OF POSTER,
the murderer OF Putnam Will take place In the
court this term, the desire being TO bring on mis-
trial as speedily as possible, IN which the whole COM
munity Will agree,
The New York herald., 1871-05-02
SUPERIOR COURT
Au Attachment Suit-Important Decision.
BY Judge Van Brunt.

Au Attachment suit-Important Decision.
BY Judge Van Brunt.
Barnett Bildersee ct al. rs. Joseph Aden ct al
This action was brought to recover upon on under.
taking given to discharge an attachment under
section PAL OF the Code The sets up that the
attachment was vacated and set aside before the
plaintiffs recovered Judgment in the suit wherein
said attachment was Issued. The plaintifs previous
to this trial moved at Special Term for judgment
upon the answer as frivolous, which motion was de-
MED. The cause was tried now with the following
decisiOn:-
The undertaking sued upon was given to release
the debtor's property from the levy Of the attach
ment-in other words. the undertaking stands in the
place or the property; the consideration for the
undertaking was the fact OF the right to levy under
the attachment upon the property OF the defendant
named therein. The attachment having been set
aside upon the ground that IL was not properly Is.
sued-the consideration for the execution OF the
undertaking entirely fails, and consequently 1t can
not be enforced. II the property had been taken
under the attachment IL must be returned upon the
attachment being vacated.
Judgment must be given for defendants with costs
and allowance. A. Blumenstiel attorney for plain
tiifs. H. Fox attorney for defendants.