The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1889-03-26
iioll ct al. VS.. Bark George.
I.u, O5E

ENONERATlON OF SHERlFF'
The exoneration of sheriff by
the Court, will not protect him from
liability to third parties. Wiley VS..
Boyd, l Haw. 10.
FAILURE TO PROVE OWNERSHIP OF
VESSEL.
In an action brought by the plain
tiffs as owners of the bark Madona,
to recover damagcs sustained by the
unemployment Of their vessel, by
reason of libelous placard published
by the defendant, the plaintiffs hav-
ing failed to prove their ownership
of the vessel, were non-suited. Rus
sell ct al. Va. Fitch, ! Haw. 1875.
FOREIGN REPRESENTATIVES, AND AT
TAcHEs.
The privileges and immunitics of
Foreign Representatives and their
attaches, examined at length, An
attache of the French Legation hav-
ing assaulted his superior, the latter
applied TO the Minister of Foreign
Relations for assistance, by the i'm
prisonment Of the offender until ar
rangements could be made for send
ing him to France; whereupon he
was arrested by the Marshal under
an executive order. The Court, on
hdbeas corpus refused to discharge
him from custody. In re Lsndais,
l Haw. 1919.
FRAUDULENT CoNvEYANcEs.
A conveyance Of the property
made with the intention on the part
of the grantee, to defeat an antici-
pated judgment against the grantor,
is fraudulent and void, even il based
on a valuable consideration. Croc-
kett VS.. Hubbard, Haw. 101.
FRAUDULENT INTENT.
A party, at the hearing Of an APP
plication for the appointment OF an
administration on his aunt's estate,
stated that she had received his
share of her property before her
DEATH" and therefore did not claim
any share of the property she left
at her deeease. After the party s
decease, his administrator claimed
his share in his aunt's property, and
introduced evidence to show that his
admission of having received his
share in his aunt's lifetime was not
true, and made with fraudulent in
tent. Held that his administrator s
claim should be sustained. In re
estate of Hakau, ] Haw. 263.
FRAUDULENT SALES.
II vendor sell an estate repre-
senting it to be in flourishing con-
dition, when in fact, it is wreck
the sale is fraudulent, and the buyer
may either rescind the sale, or take
the property at a proportional re.
duction of price; so, also, if the
subject matter of sale do not exist
at the time of the sale, neither party
is bound thereby, although the fac,
was unknown when the sale wa:
made and if the property was par
TALLY destroyed at the time of thu
sale, the buyer has his election
either to rescind the sale, or tax,
the property at proportioned re
duction of price. Alo VS.. Blair,
Haw. 1913.
GENERAL AVERAGE.
The expenses Of entering ant
quitting a port of distress, to refit
and Of discharging and reloadins
cargo there, and all other necessary
expenses for the benefit of all con
cerned, are to be contributed for a!
a general average, without regard t
the nature of the damage which
made it necessary to put in for re
pair.
The loss sustained by the sale o.
the goods for the purpose of raising
funds to defray the expenses of re
pairing the ship, is not to be in
cluded in general average contri
button but must be borne by thu
ship owner alone.
The wages and provisions of thu
master and crew from time of bear
ing up for port, until the ship wa
again ready for sea, included il
!, general average. ''Philomela,"
Haw. 1902 see Admiralty Jursdic
, tion."
HABEAS CORPUS.
The Court may grant writ O
hdbeds corpus to aparty confined upol
process in civil suit. The Court
on habeus corpus, will 60 behind tn
process of arrest and detention is
sued against the defendant in a civi
. suit. and inquire into the truth an,
sutiiciency of the plaintiffs allega
tions, allowing the defendant to con
trovert those allegations.
The plaintiff will not be liable Of
his bond if he proved that the de
PENDANT is indebted to him, although
he does not prove the defendant i
, endsavoring fraudulently to cvad
, the payment of the debt. ia =
Cambridge, l Haw. 1911
. s--===.s-..--.--,- 1870
: POLICE COURT.