The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1877-04-11

CburS, Iliir; .istlieiai CsncSfs, N0evwsAvr
4sr-s, 4. n. lS56,
Teis ease eoaaes ap frOs tie November Term
Of The Third Jadieial Cireail.
1t appears that the case was FIRST tried before
the District Justice q lsu,akas wAo gave jadg.
laeas tor the defendant bat the plaialiH appealed
10 the loeal eiFcai, Judge Of that circuit, (Jeage
Hart, ~bo garo judgment for the plaintiff, From
this Judgment the plAlaIia appealed TO the Cir
eail Court, Nhsa an agreement was 6lei 10 waive
Jury, ana The CeerE proceeded to take the
ubole matter ieto consideration, having the tes>
iimoay before Ihea. and again gave judgment
gsg the plaisuB
Tes defendant excerpts 10 the jaigaent, because
he says that The defendant was foaea Master,
aad thu, lie hal right 10 refuse 10 deliver up
the plartiEs cattle, aftes swenty,foar hours aler
inPoandiog the sane. aud notice TO plaintiff
epea Sa order oi The District Judge. made aAer
the expirS,ioa Of The said twenty four hours the
jsjgs beng absent at Honolalu when tue cattle
Ucre iD9osDdsd. beng Informed (pp0r the Seco0d
legal day sasS receiving he saia order. by the
Judge lssalgg the ssue. that the said order was
., 20 s1ees, aad that he peed aSs deliver up the
cattle as ordered.
The Court ra'ed ;hAt the defendant was bound
10 obey the order without question. and WAS
responsible tor the ds,en,ioa q the eA,tles
Ii sppezrs BY the ,e$tinooy that every effort
Was 1sds BY the plaiasiT TO gss an order from
the Magistrate - deliver up the cattle, bot that
the Magistrate was at HouoIala. at the tne.
aud no Depa;y ~as IL he District. Il likewise
appears frou the testimony, IbA, after the order
Sas m4de by the Magistrate. the Pound Master
~as secy active il ssyiug ts get the order re-
yoked, aud that At the sale. his vile bought the
cattle III question: This was. therefore. a sham
sale il point Of fact, the cattle at the time Of
tbe seis. had not been sold al all. by the Pound
Master. bat Ssrs still ia his possession. 1t APP
pears hkeSiss, that at The time Of the CONVERSE
tiso between tie defendant aud the Magistrate,
the plaiutiFs boudsn4u was there, seeking to
I withdraw froG the bo1d. which WIS necessary 10
eaAols the cattle to be released, and that the
N.-,;strats then and there. told the Pound Mas
ter that ee peed not obey the orjer. because the
sgEesy had witAirSsn. Now. nothing is niors
apparsa, Ibsn that the surety could not withdraw
fr0a his boad il such case.
ne sAols case shows that up TO the time Of
| his appeal 70 Judge Hart. the plaintiff had not
beeu -0gs 10 obtain justice.
No~. even # the construction placed upon
the statute by defendants COUNSEL, should be
the true one. the jadsenea, Of the local Circuit
judge, and subsequently, Of the Cireais Court,
was correct and sastzinabls apou other grounds
Ina Court can look with ba. little favor upon
appeals made. when cases are Submitted in ike
nannsr as this was, If the Judge should happen
IN Commenting upon the case, to state the law
somewhat izsxsetIy, when his entire judgment
upon the whole case Is correct, and the sustaia-
ing Of the defendant in bis exceptions would rot
rsssrse this Judgment. Justics Jzdi decided
that It was the duty or the Pound Master to obey
he Magistrates order nov, "a INSPECTION Of the
order does noss show aay in4ecuracy upon its face
and section "a Of the Civil Code ouly states it
to De the right Of the owner Of the cattle to have
them returned TO him within ,wenty-fogr hours
upon his flung bood With the Magistrate, that
L II! Fe-e1LlQl q Llc1 dI-SE LG1L tlIlS o! TIE
Poeod Master. i wroog done the owner. Bat
It does not say that If he cannot 6nd the Mays
trats within the t~eoty-f0ar hours bis cattle are
TO be LOST to hin irretrisvabiy. and that IN such
case the Pound Master has right TO set them
ID for sale, knock them dom for N iueousiisrs-
bic prics to himself; such construction Of the
h# world be IN absurdity- On his occasion
tie M-gizlEats happened 10 be II H0aalalu, bat
+ If be had happened 10 20 TO Hil0 on that day to
be back o. the uorroE. or to have goue Ia the
Forests, within his own District, or a1yEhere
rhzrs his flRiily ID not know, It would have
been al The saRe, the 0risr could not have been
CHAINED sni according 10 the theory noz ai-
Ezzced. the cattle EOGld have been loss 70 hin.
The eIrep.Iooz are overruled-
Elsa H. ALIEN. c. J.
Gas. G. HAERIS,
A FRAycrS JUDD.
G. B KalGaukans for the pI1IntiE. Nesses s.
5. Dole ans; C. Bc0Eu for the defendant.
HSaalliu- JazIary 18th 1871.