davidaulloa/AmericanStories huggingface dataset:
The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-02-10

Real Estate Transfers.
The following deeds were recorded Monday,
February 9, as reported by steeg & Bernasmer.
abstract compilers. II and 10 Thorpe Block
Telephone, 1.048:
William wilkinson and wife to Ferdin.
and Schroeder, warranty deed TO lot
III Hubbard et ais. subdivision OF lots
i, 2, and IN square y in their south
east addition 10 the city OF Indanap-
oils 80. Is $500 o.
Ansiillas Emerson aud husband 10 Eite
Emerson ct al, warranty deed TO part
Of lot IS in Isaac Blackford's suDdivi-
.tion OF outlot 49, l53 and l5i in the
city OF Indianapolis ................ -..-. Is %
John ". Davis, administrator 10 Martha
J. Roberts, administrators deed TO lot
Is IN Alyold * Co.'S subdivision OF
lndisnspciis 49,. 2o75 co
Young. executors deed 10 l0t / in
tQusre 10 in Beaty's addition 10 the
city OF Indianapolis -. -. 100 o.
John Z. New, executor. 10 Simon c.
Stelnhsuer executors deedto lot , in
square 16 in Beaty's addition TO the
city OF Indianapolis. -. 100 %
Wiley ST. Lowry to Mary = Tutewler,
quit claim deed To lot 10 in Henry
1utewiler's subdivision of lot IL in
City Of Indianapolis 30 90
Priscilla Holmes to William Wundrum,
warranty deed 10 part OF the east half
township is ranges esst.,......,........ $50 %
Ella Slate and husband to Anderson
kincaid. warranty deed to part OF lot
In II. L. Walters subdivision of lots
ard 10 OF Hubbard ct ais subdivision
OF square i IN their southeast addition
to the cit. OF Indianapolis SEQ 90
Francis NJ. Cburchman e. al. 10 Samuel
II. Mcllyaine, Quit claim deed to lot II
in MclvsiEe heirs addition TO the
city OF Indisnsp polls. 81 %
Jacob j. Hanlem and wife 70 Mary -
Davis, warranty deed 10 lot in square
lin Charles T. Ren-iCh's southeast
addiHon TO Cumberland ........-.....-~~~. Us 90
Tire heirs of Elisha Taylor 10 Mary
Johsnning, warranty deed 70 To- 30 in
Spsnn X Co 3 second Woodlswn Gd-
diaon to the city Of Indianapolis. 1000 on
Conveyances. Il; consideration. 1852 0o
The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-02-10

Is4aflut JOuInaI.
ton Norwood x Co, OF R)ckport. Ne,
viii launch in the spring ship capable Of
The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-02-10
ANNOUNCEMENT.

FT1hCSE going 10 lot Springs tor tie treatment
L Oi syphilis, gleei, kCIoiu a. ard all tutsneous
or blood disesse e, can be cured FOR third the
cost Ct such ip al the old reliable stand. | nave
been letsled here l0r twenty three years, and with
can wsrTaut cure in all cases Spermatorrnea
"a q 1mTC tency. ~ al their Stages, positively
cured OhCe hours Il M. 10 9 o. m g Virginia
sVtnue, indianapolis. Pills seHt WITH full direc-
tiODs at 81 per box. DR. BENNETT, successor 10
DT Ewing
The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-02-10
WANTED

Rkg AETED-A situation by an excellent fa-ul
w hand good wages expected Address JOHN,
Sentinel flee. 6s
The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-02-10

NEUTRALITY-SUSPICIOUS. by 81 experienced dress
w maker 10 sew 10 families call or ad5r -
347 ives; Michigan street.
The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-02-10

carrying 1900 tons dead weight. She will
have keel 263 feet long. fortv-fVe feet beam
and twentY-eight feet deep.
The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-02-10

VI ANTED-Si'usiiOn by frst-olesS rcos. in
w hotel or resfeufsnt Cal On or address
MATHlLDE ALLEN, ll5 Norm Mccarthy sifvef.
The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-02-10

UTANTED-Sy young lady OF experierca, sttu-
W ALTON in dTessnaking saop. rataer be = ma
ohipisi. Call or addres d. A. II .3 East Men
street. IS
The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-02-10

w ANTED By younz lady. position as copy
w lSt or assistant OOOkkeeper ~ some luSnI-
anoe office or whOlesse hOuse. Qoick ia -ires
and g0od writer NJ Az. cSre Sentinel
The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-02-10
Real Estate Transfern.

Indianapolis. Feb. 5. 1855.
The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-02-10

The following deeds were recorded Monday,
February g. as reported by steeg & Bernasmer.
abstract compilers. II and 10 Thorpe Block
Telephone. LQ48:
The Hawaiian gazette., 1885-01-14

tain civil action for libel by the publication
Of his own letter, although they regret that
a mischievous or malicious publication NAV
not be ground of action for recovery of dam
ages.
But if it is not to be maintained as a libel
although it is publication of and concerning
the plaintiff what grounds of action appear
1t is clear by the authorities that Equity will
enjoin the publication Of letters OH the ground
Of exposing private confidence, but it does not
follow that if the publication Of the latter class
have been made that damages can be recover
ed for injury to the feelings or reputation Of
the writer. There cannot be said in the pre-
sent case to be violation of confidence for
the writer had sent the letter with leave 10
publish and it had been published There is
no allegation of loss to the writer by a
second publication and his claim is not for loss
but for damage to reputation.
The plaintiff also relies upon the provi-
sions Of section lll6 of our Civil Code.
This gives a form in which actions may be
brought upon unliquidated demands: 1t is
the compliment Of the form given in section
HOO, for actions on vouchers certain or CON-
putable by the Court, and Of the form given
in section Ills for the recovery of specific
property. It (that Of sec. lll6) covers the
wide range of all common law actions not CON-
ing within the specific limits of the other two.
But it cannot be considered that this meager
form therby dispenses with the application Of
all the settled principles of common law &C
tons. If it would this action might be treated
as libel whatever requisites Of such an action
as held by all the AUTHORITIES, it might lack.
The form leaves all these to be maintained by
this parenthetical clause (''here set fUrth the
cause and the manner in which the injury was
done, Enthusiastically with the view to
The Hawaiian gazette., 1885-01-14

Third. The regularity of the sale was
further objected to on two grounds; 6rst, that
the mortgage provides that upon failure 10
pay, the MORTGAGE is authorized and empow-
cred 10 enter into and take possession Of the
property and cllattels mortgaged and that this
was not done: and second that Mr.. Brown, the
plaintiffs solicitor bought several lots Of the
property sold which he was unauthorized to
do !y law
\, to the point that no entry was made be-
for, sale, think enough was done to autho-
riz, the advertisement for sale. The interest
duo was demanded, and threat made of sale
und,r The power, unless payment was made.
The mortgage continued to neglect to pay
To enter and take actual possession of the
stock till Immediately before the time of the
sale would have been inconvenient and expen-
sive. The power does not in terms require, i
only authorizes and empowers" entry 10 bC
made.
Upon the point that the solicitor of the
mortgagee bought some Of the property sold
the authorities cited by plaintiffs Counsel seen
strong, but l am inclined to doubt the wisdom
of the rule. Provided the sale be fairly coudnc-
| ted do not see that injury can arise by allow
| ing the mortgage or his solicitor to buy. The
mortgage is interested at least TO bid up tt
the amount of his mortgage. At most the sale
would be voidable, and if at fair prices and
some' time passed before objection was made
certainly the sale should stand.
But for the reasons first and second above
given, the sale must be set aside and the con-
Veyances made Hereunder must be cancelled
There are several purchasers upon whom
this decree will operate as hardship. They,
however have no remedy against the plaintiffs
because thereof. Some of the animals bought
are shown to have been re-sold by the pur-
The Hawaiian gazette., 1885-01-14

ter TO be distributed and delivered to divers
residents of Honolulu, and other persons resid-
ing in this Kingdom" All Of which actions
and doings by the defendants. the plaintiff
alleges we're done in contraveniion Of his pri-
vate rights under the laws, and to the damage
Of the plaintiff to the amount Of $50, 900.
The first question to be considered is the
nature Of the action. The Chief Justice held
that it is not and cannot be treated as an action
for civil damages for libel. On further ex-
The Hawaiian gazette., 1885-01-14
Honolulu, Dec. 10th, 1884.
Supreme Court of the Hawaiian Islands,
In Banco October, Term 1884
]. 7. WAREHOUSE VS.. j. D. SPREckELs
AND W. G, IRWIN.


Judd c. j., MeCuHy and 4HstmJ. J. Opinion Of
the Court By ARstin j., MeCuHy J. coneprr;gg:
Judd c. J. dissenting.
This is an action to recover damages for
personal injury. The defendants demurred TO
the complaint; the Chief Justice overruled the
demurrer, aud the defendants appealed to this
Court
The allegations of the complaint, in sub
stance, are that the plaintiff in 1864 wrote TO
W. L. Green letter which is quoted, being
an apology for misstatements acknowledged
therein to have been made to injure the said
W. L. Green, and the firm of which he was A
partner, in their business and reputation. and
in which the writer says that he encloses a
check for $500 TO pay expenses in suit for
Islander then pending against the writer. also
TO pay for 100 printed copies of the apology
should Mr.. Green desire TO print the same. in
order to give him opportunity for circulating
them to repair any injury which he might have
suffered by what the writer had said or done
And further the complaint alleges "That ON
The 9Th day of June, 1854, the defendants in
tending to injure the character, feelings and
reputation of the plaintiff, did, without the
knowledge or consent OF the said W. L. Green.
or OF the plaintiff, wrongfully and iniuriouslv
print, publish and circulate, or cause to be
printed, published and circulated, a large num-
Der, that is to say, several hundred copies of
The said letter, and did so wrongfuIly and ia
lurlously cause tile said copies Of the said let
The Hawaiian gazette., 1885-01-14

proof,'') that is to say set forth legal cause
Of action with legal claims for damage
If an action is brought for publication it
must set forth legal grounds for recovery Of
llama ''7t srch publication produced a
loss t. ,u- i-t...hia. ..iling this the form is
empty.
DISSENTING OPINION OF CHIEF JUSTICE
JUDD.
1 feel obliged to adhere to my former opin-
ion on the Demurrer. think that there is
remedy in Case for the injury complained of,
distinct from the conventional action Of libel
and for this reason respectfully dissent from
the above opinions Of my learned brethren.
A. S. Hartwell and E. Preston for plain
till. Paul Neumann and F. NJ. Hatch for
defendants.
Dated Honolulu. December 30. 1851.
The Hawaiian gazette., 1885-01-14

stock under II, but manitestly he was a simple
| ignorant man and believed lie was bound.
Other mortgagors were not present, and are
not bound by what sylvia did, but do not
think he is estopped from now making the OBJ
lection he makes herein.
The sale would seem TO be void for uncer-
taiuty. Definite lots OF particular animals
were not sold-but general large lots. One
lot Of 20 cows, sold in form, were not found
or delivered in fact.
See Waring vs.. LOOMS, Barb. 4s4.
In this case Is sheep were sold out Of 81 or
% present. On bong asked which sheep he
sold; the constable said a'the best and latest"
all were driven away BY purchaser and selec-
The sale was held void.
The Court, Judge MARGIN, says. 1t was the
sale Of right TO select out 10 sheep from the
flock. A constable has no power to make such
sale or contract. If the owner sheuld make
such contract no title would pass till selec-
tion was made-until then the contract would
be executory. At sale Of personal property
by public officer the property must be pre-
sent and it must be pointed out and specifically
| designated SO that the purchaser may know
precisely what he purchases.
We think this reasoning is conclusive.
In New York State it is provided by statute
that the goods and chattels sold shall be pre-
sent and pointed out to the inspection and
examination of bidders.
But before any statute and at common law
such sale was held void.
See Sheldon VS.. Soper, IA John r. 352 Jack
son VS.. Striker, Johns, cases 2ef-7.
Freeman on Executions Sec. 200.
For this reason also as well as for the defects
in the notice of the sale think the sale must
be held void.
The Hawaiian gazette., 1885-01-14
Supreme Court of the Hawaiian IsInnds---
In EQUITY

EMMA NJ. BEcKLEY vs.. g. AFove, f. MIR
CALF, HELEN ROWLAND, JULIA PRossER EFT AL.
Before Chancellor Jsid. opinion ofise Chancellor.
A demurrer in this case was overruled
April 2nd 1884
Referring to my decision on the demur-
rer for statement of the bill, it now be-
comes necessary to consider the case upon
the further pleadiugs and proofs.
The plea and answer of G. Along makes
profert of the proceedings had in 1859 be-
fore the acting Chief Justice in the case
Of TheOphilus Metcalf against Emma
Metcalf, the present plaintiff, and AYERS
that the record shows no fraud, collision
or error in law and that the decree there
in IS final and conclusive unan tho -nlain-
The Hawaiian gazette., 1885-01-14

Judd c. j., MeCuIy and 4Mstm'J. J. Opinion Of
The Court by Arstn J., MeC~llg J. conerrrieg:
Jrid {. j. disseHfiHg,
, 1885-09-16
REMARKS.

The same considerations which afforded
grounds for the emanation of the law Of
2lSt June 1867 i'll the mother country rem
der it desirable to extend the law to tho
colonies, AS it is at present, the access to
set mp as pawnbroker is perfectly unbound
ed, i'll such a manner that any person,
when and where lie chooses, and without
any questions asked about his antecedents,
may establish himself us such, and at the
anne time, there exists no legal warrant
for suhjecting this business to any control.
1t is on the other hand a consequence Of
this WANT of control, that it becomes diff
cult to prevent that stolen goods vanish in
the hands of this class of traders. With.
out attaching any blame to The pawnbroker
personally, and admitting that the fault is
chiefly to be aScri6ed to the system, Gov.
ernment would observe that the existing
state of things contributes in a twO.fold
manner to encourage larceny, partly by
facilitating the disposal of stolen goods,
partly by rendering the detection of the
offenders difficult.
AS a further circumstance in favor
of a change on this precinct, may be stated
the present want of a fixed rule as to what
time pledges should be kept for redemp-
ton, and as to the process to be followed
in the realization of un-redeemed pledges.
The introduction of fixed rules in these
regards will also be in the interest of the
~pawnbrokers their business will BIO sim
, 1885-09-16

sc.
Before being acted upon; the license
must br prodIttd in the police-ofice,
where, at the same time, the license holder
shall make report as to the place or in
case, if the license permits the business to
be carried on in more than one locality
the places in the municipality where he in.
tends to carry on the business. Suhse.
quPnt changes of said places must also be
reported to the police.
So
Every license. holder shall keep exact
books and account of HE business carried
Oh by him by virtue of Tie license. particu.
larly OF the loans he has made and the
pledges he has received, and for the
pledges he receives give the plrdgers
receipt in writing containing exact state
ment of the terms Said receipt may be
drawn OH un>lamprd paper. 1t is left to
the police to prescribe the necessary de-
tails III rrgAld 70 the arrangement Of the
books and of The forms to be uted for the
receipts.
/.
Government issues regulations contain.
ing rules Ms 20 the minimum of time during
which the pledges shall be kept for re.
drmption by the pIedgrr, and as to how
the pawnbrokers Shall proceed with the
realisation Of the pledges that have not
been redeemed in due time.
s.
The books and pledges kept by pawn.
brokers shall AT amy time be produced
without demur for the Inspection of any
person or persons holding written authori.
cation from the pullcemasttr to perform
such inspection.
+.
NJ y,aupl,r,Ir, 3; 1 -no1 A. ...;..
pledges from intoxicated persons or child.
ren.
( Z.
Any person who without license does
business as pawnbrokrr * punished with
fine first time feom 80 t. $50 second
time, from $50 t. 500; aud third timn,
from $50 to 5000. For other offences
against this ordinance, or against the re-
guIatIonS and prescriptions issued pur-
stlalit thertO by Government or the police,
the penalty OF fines from g to $40 is ap-
plIclbIe, aad besides, in the case of q Sc
oonI or third offence, forfeiture as enacted
IN 81, Of The license. All eases concerning
offences against this ordinance are to be
treated as public policesuits.
8
L" substitute for tha pledge-contract
purchase with right Of re- purchase, or any
other legal process which the court judges
to have been reSoglod to for The purpose Of
Guiding the provisions of the present or.
dinance shall not free any persons from
responsibility under the present ordinance.
Q.
Persons who are known to have been
carrying on business as pawnbroker he
fore the emanation OF this ordinance are
allowed a delay of . months after the or
dinance has taken effect, to make applica-
ton for the license required pursuant to
! /. If they continue the business without
observing this rule, or after their applicl-
ton has been refused, they are punished
under 5 T..
{ 10.
This ordinance takes effect 4 months af.
ter having obtained Royal Sanction,
, 1885-09-16
s to read thus :

An annual subsidy of 81, 900 from the
Colonial Treasury of st. Croix shall be
secured to the West India & Panama
Telegraph Company Limited for a period
of 5 years, 10 be reckoned from the LIST Of
January 1885, as long as st. Cr0ix shall be
kept by the Company in telegraphic com
.muaication with st. Thomas and the other
West Indian Islands as we'll as with
America and Europe, on conditions APP
proved of by Government.
The said subsidy is to be paid every half
year with half the annual amount.
REMARKS.
The above amendments is brought for
ward because the Colonial Council for
, 1885-09-16

~ L iOlIb hiIo IL bOllu tG LII OISCISSlOll
on draft of ordinance concerning a subsidy
from the Colonial Treasury Of st Thomas
to the West India s. Panama Telegraph
Company Limited has lowered the subsidy
proposed by G~overnment-$3,2 00a year
for a period of 5 years-to g. 300 a year
for the same term. AS the Telegraph
Company claims $4,000 a year, it il
evident that, if the Colonial Council of
st. Thomas should maintain its position
with regard to the diminution Of the sub
sidy and if the subsidy of $500 n year
proposed to be paid by the Colonial
Treasury of st. Croix should not be
increased, the attainment of an agree.
ment with the Company would be endan.
gered.
That it has been thought fair to make
the Colonial Treasury of ST. Croix-not-
withstanding its poor financial condition
contribute to the payment of the subsidy
an expense of which hitherto it has been
free,-is due to the fact that the Colonial
Treasury of st. Thomas, as set forth in
the remarks accompanying the Draft of
ordinance, is no longer able 10 pay the
whole of the subsidy, as was the case up to
now but the prepOnderance of the inn
portance and advantage to the community
of st. ThOmaS-aS compared to that of st.
CrOlX-Of the continuance of Geographic
communication offers sufficient explanation
why the greater part of the subsidy should
be paid by st. Thomas.
While indeed the diScontinuance Of said.
communication would affect but rot ruin
ST. CrOiX, 1t would be perfectly diSaS,
trous to St. Thomas as Il commercial
port.
In order to go as far as possible to com
ply with the wishes of the Colonial COun-
Gil of St. Thomas it is, nevertheless, pro
posed to increase the subsidy from the
Colonial Treasury of St. CrOix from $500 i
year to $1,000 Il year; a further increase
Government CannO consider correct nor
justifable.
Beside this, the altered wording Of l is
proposed with Il view of eventually making
a separate agreement for ST. Croix with
the Telegraph Company.
To s 5, 2nd clause l.. f. to be added after
the words "maintainins the telegraph
linc":
Should they prove insufficient, the de-.
felt shall be covered by the Colonial
Treasury.
REMARKS.
The above amendment Is proposed at
lhe Tequ6Si Oh Cn6 superintendent OF tAo
Telegraph Company in whose opinion the
draft Of ordinance does not show with
sufficient diStinctneSs that the company
in case of its taking over the land trlr.
graph line shall not incur any expense
whatever by the working and maintaining
of same.
After a short discussion in which His
Excellency the Governor, the Chairmt IN
and Members Birch, Willard and Lemmims
took part, the amendments proposed by
Government were adopted unanimously,
likewise the sections thus amended aud
the Draft passed unanimously to u 3r.
Discussion.
4. Introduction of and LIST Discussion on
Draft of Ordinance concerning the px-
tension to the Danish West India Is
lands of Law dated Dist June 1861
concerning PawnbrOkcrs.
The Draft reads thus
ID E Il r T
Of Ordinance concerning the extension to the
Danish West India Islands Of lac dated
21St June 1867 concerning PaCnbrokers.
The law concerning pawnbrokerS, dated
Dist June 1867, is extended TO be vali0 in
II ~
, 1885-09-16

Ot4WOh ot4-bAA AtNC@ CoNC a.
the end of 5 5 after the word
'Elevy" be added "without any
expense for the midwife"--
anil to recommend to the Colonial Council
that this Draft, so altered, be passed as an
Ordinance.
st. Croix, July 18th 1885.
r. PETERSEN,
sth Crown Member Of the Colonial
Council for st. Croix.
JAS. WILSON. J. HEWITT.
IA were put under discussion.
The Speaker (R PeterSenl III introducing
the Committees Report with amendments
stated hat although concurring with the
Draft on the whole, it had been deemed
advisable by the Committee to propose
certain amendments; viz: an augmenta.
ton of the present salary of the District
Midwives to 1920 yearly Instead of $192,
AS proposed in the Draft, in consideration
of their obligation to keep a conveyance and
to repay the loan granted them from the Co
lOnial Treasury. Will regard to the 2 Mid
wives in the towns. it was thought that
although the amount proposed in the Draft
of 1920 as salary to each WAS more than
enough, as there WAS more private prlc-
tlce in the towns, and the obligation OF
Keeping Il conveyance not imperative, yet
the committee did not advise any reduc-
tlun OF this Item in consideration of the
long service of til" parties i'll question.
The Gooernor called the attention Of the
Council 10 u couple Typographical errors in
the Draft and %intimarel his support of the
proposals made by the Committee.
No one requesting the word. @Sl-4, with
amendment 10 : and corrections made by
by the Governor were unanimously adopt
I'd.
5-3 were then discussed.
The Speaker Or. PrterSen) explained AMI
recommended the amendments.
No one requesting the word, the amend
m'ut proposed by the Committee and IS 5-S
We're unanimously adopted.
1t was then adopted unanimously that
the Draft pass to Il 3rd Discussion.
he Governor expressed a desire that the
3rd Discussion should come on to day.
The Chairman would, with the Councils
consent, comply with the Governors re
quest.
Mr.. Mcdonald now made his appearance
and handed in his Patent Of Election, which
on being examined was reported to be in
due order, w%herpupOn the new member
was declared by the Chairman entitled to
a seat and a vote in the Council The sign
ing of the formular OF oath WAS not deem
ed necessary, as Mr.. Mcdonald has already
held a seat in the Colonial Council of st.
Thomas and ST. John.
8. end Discussion on Draft Of Orli.
nance concerning 1t subsidy from the
Colonial Treasury of ST. Croix to the
West India and Panama Telegraph
Company Limited Sc, with amend
ments proposed by Government.
The amendments proposed by Govern
ment read thus:
AMENDMENTS
proposed By Government for 2md Discussion
In the Colonial Council Of St Croir on Draft
of Ordinance concerning a subsidy from the
Colonial Treasury Of st. CrOir to the West
India and Panama TeIe0rdph COmpanu