The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1889-05-28
FROM M. THGMpS0N'S DIGEST
OF HAWAIIAN SUPREME
COURT DECISIONS.
ABSCONDING DEBTOR.

Where the defendant, as maste
of q packet running to California
had conveyed debtor of the plain
tiff out of the kingdom, without ;
passport, as required by Sec. 65l o1
the Civil Code, and for justification
pleaded that he had no knowledge
of the Indebtedness, nor of the
debtor being on board:
Held, that unless n careful dill
gence had been shown, such as the
thorough and faithful search of the
vessel, previous to passing the
boundaries of the jurisdiction of the
kingdom, the master, under the pro-
visions of the statute, would be
liable for the debt. Halliday VS..
Scott, 2 Haw. 3S1; F.; and lb. 395.
The liability of the master Of n
vessel for the debts of passengers
departing this kingdom without
passports, attaches when he has con-
veyed them across the exterior line
of the exclusive jurisdiction on to
the high seas.
If a person be taken on board,
beyond such boundary, with the
preconcert and completely of the
master, or anyone under his COM
mand, said collusive acts being
prior TO passing the limit of exclu-
sive jurisdiction, such conveying
away of the debtor would be q viola
tion of the law, (Sec. Col, Civil
Code) and the legal liability would
be the same.
A thorough and faithful search of
the vessel previous to passing the
boundaries of our jurisdiction, with
view to guard against persons
making their escape. Held to be a
compliance with the law. Ib. 1896.
A party arrested as an abscond-
ing debtor, and affidavits filed both
by the defendant and the plaintiff
regarding the validity of the claim
the court heard evidence, that il
might judge prjma .tdcie whether
there was any indebtedness. Kine
VS.. Huntly, 2 Haw. 457.
Construction of the statute, sec
ton 953 Civil Code, sustained b,
the Passport Law, Article Al Civi
Code. Ib. See Ne Exeat Regno.
ACCOUNTS.
Where one of several part owner
of the ship or ships, engaged in th'
whaling business, acts as agent tt
purchase supplies and outfits TO
the ships from third parties, he vii
not be permitted to take beyond
reasonable compensation for his ser
vices (or that agreed upon), no
to hold any profits incidentally oh
tained in the execution of his duty
even if sanctioned by usage.
Where said part owner had fuI
nished the supplies for the sal
vessel from his own stock in trad
at the lowest market rates, with til
knowledge of and without objectio
by the other owner, the latter mus
be held in law to have waived h
right to open up the accounts {
said disbursements, they havin
been furnished him according to I'll
usage of the business.
When said part owner, acting fC
the others, furnished them, fro
time to time, with accounts of ii
disbursements, and charged intere
on advances made by him in fifth
out the vessels, without having fir
made IA demand for contribution
Held-That the furnishing of ii
accounts must be regarded as motto
to the said part owners and equivi
lent to an express demand, Tende
ing them liable for interest from I'll
time the accounts were so furnished
Although agents are not legal
entitled to any incidental profit
arising from the management of IL
business coniided to them by the
principals, yet, where it appeare
they had exercised due diligence
making their contracts of freigh
ments, and made the most advant
geous bargain they could, the
principals could not vacate the
contracts or make them liable, if
some other period, before or afte
a less rate of freight had attaine
And if mt on board their own shin