The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1889-06-06
ACTION FOR PENALTY.

ACT TO QUIET TITLE.
See Real Estate.
ADMINISTRATORS.
The statute limiting the time
within which claims may be pre-
sented against estates of deceased
persons, is no bar to claim by the
government. Minister of Interior
v. Parke, Haw. 366.
Where two persons being both
heirs of decedent, are appointed
administrators of his estate, the
claim of one against the estate, dis
puted by the other, cannot be de-
cided upon by the Probate Court.
The claimant in the case must first re-
sign as administrator and bring his
suit at law. In re estate of Hama, 4
Haw. 499.
1t appeared the deceased was
distant relation of the plaintiff, and
for thirteen years prior to his death
lived with plaintiff. He did some
little work at times and no payment
for board was ever made or demand
ed, nor was any promise made to
pay. Held, that the plaintiff could
not recover. Luka v. Fyfe, admir-.
4 Haw. 500. See Probate Court.
See Probate Law.
ADMIRALTY JURISDICTION AND PRAC-
The judicial power Of the Su-
preme Court extends to all cases of
admiralty and maritime jurisdiction,
and this power may be exercised by
the Chief Justice at Chambers.
When the general owner retains
the possession, command and navi-
cation of the ship, and contracts to
carry a cargo or freight for the voy-
age, the charter party is considered
as mere affreightment, sounding
in covenant; and the freighter is
not clothed with the character Of
legal responsibility of ownership.
Lien of the owner for the freight
on the cargo shipped by the chart
erer, not extended by clause in
the charter party binding the ves-
sci, her freight, tackle and appur-
tenances, on the one side, and the
merchandise and freight to be laden
on board, on the other side, to the
faithful performance of the cove
nant.
The lien held to be waived on a
part of the goods which had been
delivered, Notwithstanding the clause
referred to above.
Held: that the owner had lien
on portion Of the goods which re-
mained undelivered, for the whole
freight remaining unpaid.
Fessenden VS.. Cargo of ship
Charles, l Haw. 81.
Spencer VS.. Bailey, Haw. 10s
see "Ship-owner," General Ave-
rage" Attachment of Ship"
The court adopted the rule of ad-
niralty courts in other countries, as
to tho verfication of the claim of 3
party intervening. A loose and gen.
eral allegation of ownership Is not
sufficient.
The claim should be accompanied
by stipulation for the payment OF
costs and expenses, particularly
when the claimant resides abroad.
Spencer VS.. Bailey, l Haw. 118.
The master has authority to pur-
chase such supplies as are reasona-
bly, fit and proper for the ship and
voyage, and the furaisher of such
supplies is not bound to show that
there was positive necessity fol
such supplies. 1t is sufficient il
there was an apparent necessity
Spencer VS.. Bailey, Haw. 1924.
When the master of an American
ship fails to comply with the act Of
Congress of 1908, and produces nc
crew list, it will be presumed thai
the seamen discharged from his shir
are American citizens; and the bur
den of proof will rest on the master
to show that they are not so. In re
claim of U. s. consul, Haw. 1913
The defendant, a shipping master
undertook that one Silas Philips
should sail as third officer on boart
of plaintiffs ship, or that the de
fendant would return the advance
money paid by plaintiff. Philips wal
taken sick and died before the shil
sailed. Held, the defendant mus
return the advance money. Dough
erty VS.. Wilcox, l Haw. l31.
Libellant brought suit to recove
possession of goods, which the de
fendant refused to deliver until HI
was paid the freight of quantity
of coal sold on the passage from
England. Held: that the court hat
jurisdiction, and could deliver thu
specific property.
The defendant having sold :
quantity of Goals at Rio Janeiro OIL
the passage from Liverpool, the
court held that he was not entitled
to freight on the Goals. Janion vs.
Fox, Master & Co.
The registry of ship is entitled
to very little weight as evidence 0
ownership, and SO far from beinI
esnelasiSs Ia merely I'rtasa Jasi