The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1889-04-19
FROM M. THOMPSON'S DIGEST
OF HAWAIIAN SUPREME
COURT DECISIONS.
PARoL EVIDENCE.

pdtOl CNluCltC - SeiutNiiLCS dullllS-
sible for the purpose of correcting
mistakes, but such evidence will bc
watched by the court with the ut
most jealousy, and should never be
allowed to prevail, unless it amounts
to the strongest possible proof.
Praise vs. Kealsha, 1 Haw. rs.
PASSENGERS.
Passengers are entitled not only
to provisions, but ship room, COM
forts, kindness, etc. Wahine ct al
VS.. Appear, Huw. 40.
PASSPORT.
The defendant, as master of
packet running to California, having
conveyed a judgment debtor of the
plaintiffs out of the kingdom with
out q passport, was held liable for
the debt, under the provisions of
the pass port law of 1852. Sawyer
vs.. Patty, Haw. 145.
There is subsisting indebted
ness upon promissory note, before
it arrives at maturity, sufficient to
justify the Collector-General, upon
the creditors request in refusing
passport to the debtor. Hardy VS..
Collector-G General l Haw. 272.
A promissory note given in settle
ment of an account, is a sufficient
Indebtedness, before it arrives at
maturity, to justify the Collector
General upon the creditors request,
in refusing a passport to the debtor.
Hardy VS.. Collector-General, Haw.
272.
PAWN OR PLEDGE.
The law in regard to the use of
pawns and pledges is laid down as
follows: 1. If the pawn is of such q
nature that the due preservation OF
it requires some use there, such use
is not only justiliable, but it is in
dispensablc to the faithful discharge
of the duty of thcpawnee. 2. If the
pawn is of such . nature that it will be
worse for the use, such for instance,
as the wearing of clothes, which are
deposited there, the use is prohibit
ed to the pawnee. 3. If the pawn
is Of such nature that the keeping
is charge to the pawnce, as if it is
T COW or q horse; there, the pawnee
may milk the COW and use the milk,
and ride the horse by way of recon-
pense, for the keeping. 4. If the
use will be beneficial to the pawn,
the pawnee it seems may use it. 5.
If the use will be without any injury
and yet the pawn will thereby be
exposed to extraordinary perils
there, the use is implicitly inter-
dicted.
A ship if pawned, cannot be used
by the pawnee, without the consent
of the owner. Howard VS.. Hubert
son, ] Haw. 10.
PERJURY.
The court expressed the opinion
that party cannot be legally con-
victed of perjury for false state
ment made in the probate court, in
proceeding which was irregular
and unauthorized. Rex VS.. Kanea-
kua / Haw. 1875.
PETITION IN EQUITY.
Upon petition in equity address
ed to the Chief Justice of the SUI
preme Court, process may be issued
returnable before any justice, acting
as chief justice for the time being,
Clouston Va. Ogden, Haw. ia.
POLICE JUSTICES JURISDICTION.
The Police Justices of Honolulu
and Lahaina have jurisdiction over
forts and wrongs arising upon the
high seas, when committed on board
of Hawaiian vessels.
The jurisdiction of our courts ex'
tends to a marine league from the
shore along the coasts of the isl
ands. Rex vs.. Parish ct al Haw
sc.
DISAPPOINTMENT OF TRIAL.
Notice of a motion for postpone
ment of trial ought to be given tt
the opposite party, together will
copy of the affidavit upon which
the motion is based; and it is ne
cessary that some specific time b.
| UcDUlOIleu III IL lllOGlOll W pOSIDOLlt
trial; and also state that the wit
nesses can be had at the time Il
which the trial is to be deferred
But when this had not been done
the court granted the motion, upor
condition that the costs of the oppo
site party should be paid instanter
that is within twenty-four hours
Judd VS.. Ladd, Haw. IL.
At least two days notice of an in
tended application to put off tria
should be given to the adverse part.
or his attorney, with copy of TIL
affidavit to be produced as foun
dation for the motion, if the neces
sty for it was at that time known t
7 the mover. Howard VS.. Hubertson
Haw. 45.
I When the ground of the applica
3 tion is the absence of Il material vii
4 ness, the affidavit should state tn
5 name of the witness, the facts he
! expected to prove, and that withou
his testimony the party canno
3 safely proceed to trial. 1t shoul
: also state what exertions have bee
used to procure the desired evidenc
and at what time the witness is e.
pected to be present. Ib.
!, Where the adverse party admit