The Hawaiian gazette., 1876-03-22

inmate % the first Of Mar. thence nsxt ensuing.
/ Nov an 0sal notice Is Sufficient.
Assis, % Vie SSd Of NoVsmber, 1874. they
were sersSa With 3 written notice 10 quit.
~ above set forth, Truly. this notice did 20,
SET any given day for thea TO lesve; bit tier
[ hSa been already uasoed ia ApFils and the no
tice likewise CONTAINS complaint OF waste which
Was not assisted on az the hearing Of the bill ol
exeepiieus, but which, ii true, WoaH take away
from the defendants any right Of notice which
they might have had and u appears, by The teS,l-
aony Of Mr.. Chairman that the waste bad oeen
comnittel c see Isl. WasAbgSn On real property
?, SIS. see. l4). No particular form OF noiiee Is
necessary, (ses PaFSons on contracts ?. 1857
TIE EUsiish common kW requires SIX m0aths
aosiee 10 terminate tsoasey frOnl year 10 year,
ana nasy Of the UHiied States have adopted The
sane rule. Ia some d The States three moeths
have besa adopted, ending AZ the expiration Of
he year.
The notice Of Nor. % mus, be considered as
4 notice 10 Quit At once. and il must be borne 10
niud that lhe previous refuSsl 10 receive the
rent. which WAs rendered in April. was equivalent
to notice that the alleged tenancy from year 10
year would not BE- eoaunnei after the first Jay
of Nav, 1878. SO thsI at the date OF the written
ooties. they were already holding over without
more right than six mouths; bat they did not
even quit at the next May nor pay rent nor as
Ear IS itappears iron the testimony did they Of
Ter 10 pay rent
This Sctioa was not commenced Rutil Septem-
Der %. 1873, seventeen mouths after the refusal
10 acknowledge them as tenants aud len months
sftes the written Eo.ice. surely It cannot be said
thar the defendants did not have reasonable
notice 10 qaii before the suit vas commenced.
The case then, stands IN tins way on the evil
isnce nikOni conveyed the land TO the plaiu-
tiff and bad no right. thereafter to lease il 10 the
defendants there has not been shown any au-
thority from the plaintiff TO Hikoni, OF to any
one else to lease the land for her, for term Of
years or Tor any time. Now the utmost effect,
where one without authority lets anothe-'s land,
and the tenant pays rent to tie OSuer. Is TO
create = tenancy from year to year. Such
tenancy terminated on the first Of May 1879, and
FROM that tlme the defendants we're wrongful
holders. The defendants bad much more than
reasoaable notice 10 git, aud the jury must have
miSapplei, or misunderstood tue INSTRUCTIONS OF
the Court with regard Ia the effect OF plaintiffs
letter to lilkaIlni or else they hIye not given
due weight to plaintiffs title to have rendered
the verde, which they did. The evidence, as II is
reported 10 u, does nOI sustain the verdict and
therefore il must De set aside.
We are asked to enter juigment for the plain
til non 05Silis rsyetijc,5. The defendants offer
Ell what evidence they were enabled 10. or saw fit
10 efsr at the trial 10 convince the Jury that Hi
k1ni was the agent Of the plaintiff or that the
plaintiff had acqaiesced in the lease Or. perhaps
they relied on the idea that the conveyance was
4 voluntary one aud not intended 10 operate un-
I'll after Hikoni's death. and that they could
prove that fact by the acts OF the parties and
that consequently. she bad the night 10 lease the
land dgriug Der life and may have believed that
some Of these deisn;ss though 10 our opinion.
they did not introduce any evidence calculated
to make good any delslee yet 1t was sufficient to
convince the ilry at the trial before them, and We
20 not know VIDA. amoant Of evidence they may
be enabled TO add We must decline TO enter
Judgment for the plaintiff; bat DO order nee
trial. CIAs. Z. HAAS,
\. FRANCIS JUMP.
Justices Of the SuPIems Court /
4. 5. HartWell for plaintiff; E. PIesI0n for
defendants.
Honolulu, March 10, 1876.