The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-11-13
DIGEST OF HAWAIIAN LAWS.
BY NJ. Thompson, of the Honolulu
Bar.

AND NOTES, ETC.
An abandonment of goods at sea does
not divest the owner of his property in
them GA Pick, 25.l By finding yes
scissor other chattels upon the ocean, the
finders do not become the owners. The
property remains as before, subject only
to the right OF salvage. This right is
merely a lien, or right to retain the
goods till the salvage be paid. q NJ. q
S., I40; "a Pick, PSI But property
sunk in steamboat, and unclaimed for
twenty-three years, was held to be
clearly dereHct (l2 La. Ann, 49,
Protest in maratime law is writing,
attested by Justice of the Peace,
Notary Public, or a Consul, made and
verified by the master ri vessel, stating
the severity of a voyage by which ship
has suffered, and showing that it was not
owing to the neglect or misconduct OF
the master (See Marsh. ms, rs; l
Wash, c. c., l45, 23S; Pet, G. c.,
119; Dali, 6, 10; 3 w. & :, 144.l The
protest is not, in general, evidence for the
master of the vessel or his owners, in the
English or American Courts, yet it is
often proper evidence against them.
abb. Ship, 465.)
Usages of merchants, commonly
called the law merchant, is the general
! body of commercial usages in matters re-
lating to commerce. Blackstone calls it
the custom of merchants, and ranks it
under the head of the particular customs
/ of England which go to make up the
| great body of the common law. q Bl.
Com, 75.) Since, however, its character
| is not local, nor its obligation confined to
| a particular district, it cannot with pro-
! priety be considered a custom in the
technical sense. Il Steph. Com, 50 1t
| is a system of law which does not rest
exclusively on the positive institutions
or local customs of any particular coun-
try, but consists of certain principles of
| equity and usages of trade which general
! convenience and a common sense of
| Justice have established, to regulate the
dealings of merchants in all the CONNER
! cial countries of the civilized world. g
Kent, p
These usages, being general and ex-
tensive, partake of the character of
rules and principles of law, not of mat
! ters of fact, as do usages, which are spe-
cial. They constitute a part of the gen
eral law of the land, and being part OF
| that law, their existence cannot be
proved by witnesses, but the judges are
| bound to take notice of them ex Oficio,
| Winch, Pa, and this application is
not confined to merchants, but extends
! to all persons concerned in any mercan-
tile transaction. (See Beames, Lex Mer-
catoria, Rediviva, Gaines, Lex Merca-
toria Americana, Comyns Dig. Merchant
| 3D.; Chitty Com. Law; Parsons, Mari.
Law Smith. Me eltfie Jay ~ an unconditional
| written order from one person to another,
directing Uhle person to whom it is adj
dressed, to pay to third person ap~cer-,
tain sum of money therein named
(Byles on Bills, l and authorities.) An
open Chat is, unsealed) letter addressed
by one person to another directing him,
in effect, to pay, absolutely and at all
events, a certain sum of money therein
named to a third person, or to any other
to whom that third person may order it
to be paid, or it may be payable to
bearer or to the drawer himself. q
Dan. Neg. Inst, 26.) A bill of exchange
negotiable, it may be transferred either
before or after acceptance. The person |
making the bill, called the drawer, is said !
to draw upon the person to whom it
is directed, and undertakes implicitly to |
pay the amount with certain costs if he |
refuse to comply with the command. |
The drawee is not liable on the bill till |
after acceptance, and then becomes |
liable as principal to the extent of the
terms OF the acceptance; while thr
drawer becomes liable to the payee
and indorsees conditionally upon the
failure of the acceptor to pay. The
liabilities between indorsers and in
dorsees are subject to the same rules
as those of indorsers and indorsees
on promissory notes. Regularly,
IiO UTdNoe ~ TIE pcTSOu 10 DeCOillc |
acceptor, but other parties may accept,
under special circumstances.
A foreign bill of exchange is one Of
which the drawer and drawee are resi-
dents OF countries foreign to each other.
An inland bill is one of which the
drawer and drawee are residents of the
same State or country. Us Miss, 143).
As to whether a bill is considered as
foreign or inland when made partly i'm
one place and partly in another, see
Tanut, 529; Cow, 50; NJ. & S, 81.
The distinction between inland and
foreign bills becomes important with
reference to the question whether protest
and notice are to be given in case OF non
acceptance. g Kent, 90.
Funeral Service for the Late Lieu:em-
ant Peck.
This afternoon at o'clock, al It
Andrews Cathedral, funeral service.
or the late Lieutenant Peck, U. s y,
who died on the Mariposa at sea, will be
leld, conducted by the Rev. George