davidaulloa/AmericanStories huggingface dataset:
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1896-11-05

so tiny as hardly to be noticeable. BY
pressing it, he explained, a metal disk
was made to fall at the other end of
the line, conveying the intelligence to
the fisherman that he was to hasten to
his employer. IF he was absent from
home, one of his brothers would re-
spond to the summons.
s'But if all three are away?" asked.
''That viii not occur" he replied, de-
cidedly.
'But in case they are asleep?"
''The disk, in falling, strikes gong.
There is provision for the chance"
Here was Il further illustration of the
ingenuity the man displayed in pre-
pairing for possible dangers. But, if
he had taken the pains to insure sup
port from johnson in case of need, why
had he not arranged method of &c ling
upon me also? Rather piqued, in spite
of my dislike for him, asked, bluntiy,
if some signal could not be devised
ct is not a necessity" said he. dryly.
And even had i been disposed to argue
the point there would have been no
opportunity to do so, for johnson en-
tered the room, staggering under the
weight of one of the cases. He gave me
his customary curt nod, and carefully
deposited his burden upon table, La
mar stepping to the door and reckoning
me to follow him before / could more
than guess at what the contents of the
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1896-11-05
Source of the Emperor's Jokes.

The German emperor has trick of
anneXing good things that may be said
in his presence and using them after
ward without inverted commas. In
this way certain German officer ac-
CURED the name of ''purveyor of jokes
to his majesty" The title is said to
have reached the imperial ears, and
William II snubbed his jester back to
obscurity-a thing which Punchinello
never forgave. The emperor and the
officer meeting about year afterward,
the emperor said with much affa bility:
well, x, I'm ready to swallow
more of your good things" Your
majesty is to be congratulated upon
your digestion" said the ironical
x. "since you never bring any of
them up again." k is now on fur
lough.-St. Louis Post-Dispatch.
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1896-11-05

that was the excuse FRAMED for advdnc-
ing. Cautiously / stole by the spring
and up the ascent. On the dark surface
of the creek the still darker outlines of
a boat could be made out. The craft
was moored to the rocks, to which a
IMAM was transferring a number of cases
and packages. A little way up the
slope, directing the operation, stood
Lamar. Intent as he was upon the task
in hand, his quick ear caught the sound
of my steps, and he turned toward me
Like a flash.
Its Norris called out. It was
too dark to perceive his motion clearly,
but thought detected a swift move
lnent of his right hand toward the
breast of his coat.
''Ah! You are a rambler until late"
ne answered. Startled as he must have
been by the interruption, he spoke with
all his usual deliberate GOODNESS.
'Yes; [ was wakeful and happened
to walk this way. Hearing unusual
sounds, pushed on to investigate.
There was chance, you know, that a
reinforcement might be acceptable"
There was nothing in his manner to
indicate whether the explanation salts
fled him.
johnson brings a small cargo. sup
plies that might cause talk if obtained
through the village" said he. "He will
place them presently in the house."
can excellent plan. He buys them at
the larger ports up the coast, sup
pose"
Yes
"There seems very little danger that
IL L
the goods are being landed" said L,
"but my experience tonight shows that
it is possible. Tt might be advisable
to post a sentry. for if rumor of these
midnight labors got about it would set
the village by the ears"
Hereafter the precaution shall be
taken. Remain little" he added, as
was about TO go. az, too, am wakeful.
Let US converse
He led the way to the front of the
house and seated himself on the door
step.
Glow of your medical practice?" he
asked, when I had found a restinS-place
near him.
I told him of Mrs. Loring's arrival
and of the probability that she would
remain a considerable time in the
ncighborhoood. She was an old ac-
quaintance, I added. That I had met
her on the voyage from Rio seemed
to be detail which it was as we'll not
to mention. Had he learned it he might
have displayed a livelier interest in the
matter. AS it was, however, he mere
~ said that it was to be hoped that she
would recover her health, and then
changed the subject to remark that he
desired me to bring him a considerab BILE
sum of money in a day or two.
cit is for Johnson he condescended
to explain.
'Very we'll; you shall have it, said
I. by the way, is your telegraph line
to his house still in working order?"
eyes; but it is not telegraph, only
n simple signal" he answered. ENTER,
if you choose, and will elucidate it,
We stepped into the living-room, on
one wall of which he showed me a knob,
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1896-11-05

case might be. But walked home that
night possessed by notion that. when
the coyer was removed, q small arsenal
might be found slowed away in the
box. designed to supplement the brace
of reviewers / had bought for Lamar
soon after our coming to the shore.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-08-25

IN THE CIRCUIT COURT OF THE
Third Circuit, Hawaiian Islands. In
Probate. At Chambers. In the mat
ter of the Estate of Rev. Elias Bond
of North Kohala, Hawaii. deceased.
Order of hearing and publication OF
notice for probate of will.
a document purperting to be the last
will and testament of Rev. Elias Bond
of N Kohala, Hawaii, deceased, having
on the Goth day of August, A D. 1896
been presented to said Probate Court
and a petition for the probate thereof
and for the issuance of letters tesla
mentary to Elias C. Bond, Benjamin D
Bond and Caroline S. Bond, having
been filed by Benjamin D. Bond.
1t is hereby ordered that TUESDAY
the 9Th day of October, A. D. 1896, al
10 o'clock a. m. of said day, at the
Court Room of said Court, at North
Kohala, Hawaii, be and the same here
BY is appointed the time and place for
proving said will and hearing said ap-
plication.
Dated Hilo, Hawaii, H. l., August
10Th, 1896
By the Court;
DANIEL PORTER, Clerk
17SST-3ta
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-08-25
ARRIVALS.

Friday, Aug. u.
Stmr ". G. Hall. Simerson, from
Maui and Hawaii ports.
Stmr Waialeale, Peterson, from Ka-
uai ports.
Stmr Rio Janeiro. from China and
Japan.
Saturday, Aug. p.
PMS. S. Rio de Janiero, Ward, from
China and Japan.
Sunday, Aug. %.
Am. Blk S. c. Allen, Thompson, from
San Francisco.
Am. blk Albert, Grifiths, from San
Francisco.
stmr. Claudine, Cameron, from Maui
ports.
Stmr Iwalani, Smythe, from Lahaina
and Hamakua.
Stmr Kauai, Bruhn, from Kauai
ports.
Stmr. Mokolii, Hilo, from Lahaina
Molokai and Lanai.
Stmr ]. a. Cummins, Searle, from
Oahu ports.
Stmr. Ke Au Hou. Thompson, from
Kauai ports.
Monday, Aug. "a.
c. A. S. S. Miowera, Hay, from the
Colonies.
Stmr Kinau, Clarke, from Maui and
Hawaii ports.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-08-25
EXPORTS.

For San Francisco, per o. S. S.>Aus-
tralia. Aug. 16-4S64 bags sugar, weigh
ing 6O7 600 lbs. valued at S1S,496 and
shipped by VIM. G. Irwin & Co. to
Williams, Dimond & Co.; $50 bales of
wool shipped by P. c.. Jones, Henry Wa
terhouse and Macfarlane & Co.; 4S10
bags rice shipped by NJ. Phillips & Co.,
NJ. S. Grinbaum & Co. and Hyman Bros;
1898 bchs bananas shipped by E. L.
Marshall, Campbell & Co., Theo. H.
Davies & Co, Chas. Wilcox, Washing
ton Feed Co.. Y. Lum Sing Co., Sing Lee
Co. Geo. Andrews, Kwong Yai 10y and
d. Mclean; 26S crates pineapples ship
I'd by E. W. Jordan, Wing Tai Lung,
Kwong Tai 10y, D. Mclean, NJ. W. Nc
Chesney. John Kidwell, Pearl City Fruit
Co. and F. ]. Lowrey; n bags coffee
shipped by Campbell & Co., NJ. w. Nc
Chesney & Sons and VIM. G. Irwin;
also other sundry packages Total
value of cargo, S6o,S59.42.
For San Francisco, per bktne Archer,
Aug, 1S-21, 4S1 bags sugar, weighing
2.641. e55 lbs, valued at 9,777.S0 and
shipped as follows: 1915 bags by F.
\. Schaefer & Co. to Williams, Dimond
& Co.; $500 bags by Theo. H. Davies &
Co. TO Williams. Dimond & Co; 5509
bags by c. Brewer G Co. and 947 bags
by Castle & Cooke to WEIGH & Co.
For New York, per blk Iolani, Aug.
20-35, 1872 bags sugar, weighing 4,169,-
40S lbs (20S9, valued al S1S4,4S6 and
shipped by VIM. G. Irwin & Co. 10
American Sugar Refining Co.
For San Francisco, per o. S. S. Ala
media, Aug. 20-3662 bags sugar, weigh
ing 45S,34S lbs, valued at s15,065, and
shipped as follows: 20S7 bags by VIM.
G. Irwin & Co., 1875 bags by NJ. S. Grin
baum & Co. to NJ S Grinbaum & Co:
also 500 bchs bananas shipped by
Campbell & Co., Sing Lee Co. and D.
Mclean; 45 crates pineapples shipped
by John KidweI, Pearl City Fruit Co.
and D. Mclean: bbls Molasses shipped
by A. Barnes, and l cs Photographic
goods shipped by Union Express Co.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-08-25
PASSENGERS.
Arrivals.

From Maui and Hawaii ports. per
stmr w. G. Hall. Aug. &c. L. Wight,
Antoine Fernandes. T. Shibiarna, Mrs.
D. Bailey, Miss Iwalani Jaeger, Master
R. McWayne. Miss Alice F. Beard, Mrs.
T. X R. Amalu, Mrs. Leo Markham,
Miss Beckey Leleo, Miss LAM, Master
Stafford Heapy, Mary Ukauka, c. Apana
and Al on deck.
The u. S. S. Adams will sail for Hilo
on a short cruise of a week in few
days.
From Maui ports, per stmr Claudine,
Aug. 23-Miss Lofquist, Miss Eldredge,
Mrs. Greig, Miss Greig, T. W. Greig,
DR.. P. ]. Aiken, D. c. Lindsay, Miss L.
Rice, Mrs. c. A. Kibling and daughter,
W. P. Eichbaum, G. G. Leong. Rev. T.
Takahashi, and 81 deck
From Kauai ports, per stmr Kauai,
Aug. 23-Hon.- G. n. Wilcox, Hon. W.
H. Rice, B. Waterhouse, Geo. H. Fair
child, W. Schmidt, Mary Ailau, Miss
Annie Forbes, Mrs. Kilsey, c. E.
Haynes, E. Stretz, Miss Kane, Julia
Lowell and two children, Miss Rose
Aleau, Kwong Wah On, Ng Gang, Kim
Sing Ting, K. Hiraoka, and "a on deck.
From China and Japan, per S. S. City
of Rio de Janeiro, Aug. 21-Col. Wit
owsky, Miss Witoksky, Mrs. A Bon
shoniff For San Francisco: G. D. Wise,
Miss H. Lewis, Mrs. Hincelot and two
children, Jos. G. Harword, Capt. Lindes-
troen, a. Egli, H. o. Raynor, Miss Ny
rup and two children, Rev. L. L. Con-
rardy and P. S. Abrez.
From San Francisco, per blk S. c.
Allen, Aug. 23-J Lightfoot, Rose
Adler, DR. l. NJ. Ingersoll, B. L McCul-
! Tough, S. c. Stewart. Alex johnson.
From Kauai ports, per stmr Ke Al
Hou, Aug. 23-Paul Isenberg Jr, Mr.
and Mrs. P. H. Dodge, Dr. T. Mitamura
and 19 on deck.
From Hamakua, per stmr Iwalani
Aug. 23-Mrs. Smith, and Is on deck.
From Maui and Hawaii ports, PEI
stmr Kinau, Aug. 24-Volcano: F. We
Ter and wife, S. L. Rumsey, Miss H
Needham, Mrs. H w. Peck Way
ports: Mrs. c. L. Wight and three chill
dren, Wilder Wight, Geo. Fuller, Mrs
G. P Wilder, Miss E. B. Snow, Miss ]
R. Axtell, Miss NJ. Atkinson, C. F
Perry, R. F. Woodward, Miss C. Snow
Miss ]. Bockie, Joseph Kuhia, W. w
Goodale and wife, Miss c. Goodale, C
S. Desky, c. s. Bradford, E D. Sparrow
Marshal A. NJ Brown, Capt Scott, Mrs
A Joy, T W. Rawlins, Mrs L. T. Grant
Geo. ]. Ross, Col. G. F. Little, Mastel
F. Vierra, Master ]. Higgins, Master ]
Like, R. a. Lyman, Mrs. T. ] Higgins
W. G. Walker, c. R. Curtis, Mrs Got
Kim. Miss Goo Kim, Miss Julia Quinn
Miss H. Kuihelani, Miss E Quinn, Mrs
E. Mahelona and three children, Capt
! E. Renken. T. r. Keyworth, II Atkins
DIR. A Derby, w. Brede, Mrs. C. All Hi
Adj. Simonson, E. Dowsett, E H Baily
4. n. Kepoikai, DR.. c. B. Cooper, w. H
Cornwell, P. T. Phillips, A. Haneberg
j. w Price, Capt Ahlborne, DR.. D. &
Murdoch and 81 deck passengers
From the Colonies, per c. A. S.
Miowera, Aug. 24-Miss Bell AM
Messrs. Decker and Feydien.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-08-25
WHARF AND WAVE.

The schooner Ada will sail for Hilo
this afternoon.
Port Blakeley-Arrived, August s,
bark Matilda, from Honolulu.
alparaise-Arrived August 4, Haw.
schr Honolulu. from Glasgow.
Hong Kong-Sailed. August s, Br.
stmr Gaelic, for San Francisco, via Yo-
kohama and Honolulu.
The Mikahala has been completely
overhauled, a new boiler has been
placed in her and she has been fitted
ont with electric lights. Her first trip
viii be made Tuesday. August 18th.
The American bark Albert, Grifhths
master, arrived Sunday morning, II
days from San Francisco, with full
cargo of general merchandise, 16 horses
and one jackass. Two of the horses are
for the Honolulu fire department.
The American bark S. c. Allen.
Thompson, master, arrived from San
Francisco yesterday Following is
the captains report: Left San Francis
co al Z noon August 9th; had remark
ably fine weather with moderate bree-
IS al tAAN " q. 81 4ANNA ~ AOA a. II
N. August 23rd with a cargo OF about
700 tons Of generaImerchandise hor-
ses and Is mules for B. T. Mccullough
who came down with them; also one
horse Cor the Inter-Island Co.
The P. NJ. S. S. Rio de Janeiro, Ward
commander, came into port Saturday
morning and hauled alongside the Pa
cifc Mail wharf Purser Freeman fur
nished The following report of the voy-
age: Sailed from Hong Kong August
%, and from Yokohama August 18th, al
1905 p. m, arriving in Honolulu Aug
ust 2lst at 1890 p. N. Fine weather
throughout the voyage. Time, IL days
6 hours and Is minutes. On the trip
over TO the Orient the Rio de Janeirc
encountered typhoon which delayed
her arrival in Hong Kong. Here she
went on the dry dock for a cleaning
and slight repairs TO her propeller
While here another severe typhoon de.
layed operations for couple of days
so she was four days late leaving Yoke,
hama.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-08-25
TnE RIOS LINE SLIPS.
And Sends an Iron Ring Into the
Pilots Office.

An iron ring, such as is used around
the tops of the mooring posts on the
Pacific Mail wharf, is not a pleasant
thing TO be hit in the head with, is
what Captain Lorenzen thought early
Saturday morning.
II was just about $50 a. N. and the
p NJ S. S Rio de Janeiro was coming
alongside the Pacific Mail wharf. No
bow line was sent ashore. but spring
line was thrown out, and after being
passed around the mooring post at the
mauka corner of the wharf and the
one opposite at the makai corner, it
was passed TO the bow and attached to
the donkey engine aboard
Then came a steady pull. The rope
frightened and kept slipping up toward
the top of the makai post, where there
was an iron ring or band.
Suddenly there was sound as if the
line had parted, and of course a general
Settlement Of people on the wharf
The ring was thrown against the pilots
Office, smashing through the lattice
work just above the head of Captain
Lorenzen, who was sitting reading the
Advertiser in a chair tilted back against
the Office, and striking the makai casing
OF the door with such force as to move
it an inch and half This done, it
rolled out and down the steps of the
Office 10 the feet of three natives stand
ing near by.
II is needless TO say that Captain
Lorenzen vacated his chair and that
Custom House Guard Murray, who was
standing in the path of the missile,
made dive for the edge of the wharf
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-08-25
ADMINISTRATORS NOTICE.

The undersigned, having been APP
pointed administrator of the estate OF
Edmond B. Bartlett, late of Wainaku,
HiIo, deceased, gives notice to all cred
itors of said estate to present their
claims duly verified TO the undersigned
at Hilo within six months from this
date or they will be forever barred.
All debts due said estate must be paid
to the undersigned at once.
w. A. HARDY,
Administrator of the estate of Edmond
B. Bartlett, deceased.
Hilo, August 18th, 1896. 178ST-3ta
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-08-25
DEPARTURES.

Friday, Aug. q.
Stmr Kaala, Thompson. for Oahu
ports.
Jap stmr Miike-Maru, Young, for
Seattle, Wash.
Saturday, Aug. %.
Am. schr Aloha, Dabel, for San Fran
cisco.
Pm. S. S. Rio de Janeiro, Ward, for
San Francisco.
stmr Lehua, Nye, for Hawaii ports.
Sunday, Aug. %.
Ger blk H. Hackfeld, Barber, for Lay
san Island.
Monday, Aug. "a.
Stmr Waialeale, Peterson, for Hama
maulu. Kappa, Kilauea, Kalihiwai and
Hanalei-
c. a. S. S. Miowera. Hay, for Vic
toria and Vancouver.
Stnr Mokolii, Hilo, for Lahaina, Mo-
lokai and Lanai.
Stmr J. a. Cummins. Searle, for Oahu
ports.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-08-25
S. S. Claudine,
CAMERON. Commander,

CAMERON. Commander,
Will leave Honolulu Tuesdays at 5
o'clock p. M, touching at Kahului. Ha-
ma, Hamoa and Kipahulu, Maui. Re-
turning, arrives at Honolulu Sunday
mornings.
Will call at Nuu. Kaupo, once each
month
No freight vii be received after 4 p.
m. on day Of sailing
This company reserves the right to
make changes in the time of departure
and arrival of its steamers WITHOUT
NOTICE, and it will not be responsible
for any consequences arising therefrom.
Consignees must be at the landings to
receive their freight. This company
will not hold itself responsible for
freight after it has been landed.
Live stock received only at owners
risk.
This company will not be RESPONSE
BILE for money or yaluables of passen-
gers unless placed in the care of purs-
ers.
Passengers are requested to purchase
tickets before embarking. Those fail
ing to do so will be subject to an addi-
tional charge of twenty-five per cent
CT WIGHT, President
S. B. ROSE, Secretary.
Capt. ]. A. King, Port superintendent
Honolulu. H L, jan 1. 1896.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-08-25
MORTGAGES NOTICE OF FORE
CLOSURE.

In accordance with the provisions of
a certain mortgage made by ]. W. Phi
to S. B. Dole, and by various assign
ments conveyed to the Kohala Sugar
Company, dated April 18th, 1889, re-
corded Liber Ill, page S97, notice is
hereby given that the mortgage in
tends to foreelose the same for condi-
ton broken, to-wit: non-payment of
both interest and principal
Notice is likewise given that after
the expiration of three weeks from
the date of this notice, the property
conveyed by said mortgage will be ad-
vertised for sale at public auction, at
the auction rooms of J. F. Morgan, in
Honolulu, on Monday, the 14th day OF
September, 1896, at u noon of said
day
Further particulars can be had of
w. R. Castle.
Dated Honolulu, August 21st, 1896.
KOHALA SUGAR COMPANY.
Assignee of Mortgages.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-08-25
RECEIVERS NOTICE.

The undersigned, having been ap.
pointed by A. Perry, Second Judge Cir
cult Court, First Judicial Circuit, re-
ceiver to take possession of all proper
" in the Hawaiian Islands belonging
to ]. X. Sumner, hereby gives notice to
all persons in possession of property
belonging to the said ]. K. Sumner, OF
who may be indebted to him, to deliver
over said property and pay Indebtedness
at once. j. o. CARTER,
20S Merchant Street.
Honolulu, Aug. 5th, 1896.
4372-1w 17S3-1m
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-08-25
RULES FOR sEAMEN.
As Evolved by the British Board
OF Trade.

As Evolved by the British Board
OF Trade.
To preserve discipline on board ship
Is not always an easy matter, and the
master often becomes & tyrant through
necessity. The Board of Trade. how
ever, has interfered with salutary eff
ect, and while il protects the sailor from
tyranny, ii also takes care that he shall
be on his best behavior. In truth. poor
Jack has not very much liberty if the
following penalties are imposed:
For swearing or using improper Ian
guage he forfeits one days pay.
For quarreling or provoking to quar-
rel he suffers the same.
The same punishment is inflicted on
the man who carries a sheath knife.
II he brings spirits on board he loses
three days wages.
For every smoke INDUCED in below
he fOrfeits one days wage.
The same if he neglects to put out
lights when ordered.
If the lookout man falls asleep him
nap costs him TWO days pay.
II the cook has not dinner on the
e1oiS a. lie SuOke OF Ine CLOCK II is a
matter of one days pay.
For not attending divine services on
Sunday the fine is one days pay: and
even though he attends. If he does not
behave reverently, he loses the same
sum.
For washing clothes on Sunday he
pays days wages.
And for not being shaved =5ssed
and cleaned spick and span on the Sab
bath he loses one days pay; also inso-
lence TO master or mate means one
days pay lost; and for striking any one
on board, double that amount
While for attempting TO smuggle q
few pounds of tea or tobacco or q gallon
Of rum he loses the wages of a whole
month.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-08-25
MORTGAGES NOTICE OF INTEN-
TON TO FoRECLosE AND OF
SALE.

Notice is hereby given that by virtue
of a power OF sale contained in GER
tain mortgage, dated the 9Th day of
January, A. D. 1893, made by Kawahine
(w), of Hilo, Island of Hawaii, to j.
NJ Monsarrat, of Honolulu, Island of
Oahu, recorded in the Office of the Reg
istrar of Conveyances, in Liber 1879,
folios 336-3SS, the said j. III. Monsar-
rat, mortgage, intends to foreclose
said mortgage for a breach of the con-
ditions in said mortgage contained, to
wit: the non-paynlent of both the prin-
cipal and interest when due Notice
is also hereby given that all and sin
gular the lands, tenements and heredi-
taments in said mortgage contained
and described will be sold at public
auction at the auction room of W. s.
Luce, corner of Fort and Queen streets
in said Honolulu on Monday, the 7th
day OF September, A. D. 1886, at II
O'Clock noon of said day.
The property in said mortgage is
thus described, viz:
All that certain piece or parcel of
land situate in Puueo in said Hilo,
being a portion of lot of Apana of
Royal Patent No. % to B. Pitman, and
bounded and described as follows:
Commencing at the west angle and
running s. &c deg Is min E. true SIS
feet, thence S. deg. 80 min. E. true
211-6 feet along Maria 1 lot, thence S.
rs deg p min. W. true 40 feet along
Makaena lot, thence N. Z deg. 80 min.
". true 245 feet to commencement, con-
tanning 11,129 SO. it,, and being the
same premises that were conveyed to
said Kawahine (w) by the said j. NJ.
Monsarrat by deed dated December 22d,
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-08-25
OPINION OF THE COURT. BY
FREAR, ].

OPINION OF THE COURT, BY
FREAR, ].
Error from the District Magistrate
of South Kona, Hawaii, in an action
for s164.05 the balance claimed to be
due plaintiff from defendant for work
and labor done on house.
The District Magistrate, after hear
ing the parties, ordered the plaintiff
to do certain things to complete the
house, and the defendant to furnish
the materials therefor and upon COM
pletion of the work to pay plaintiff
the amount claimed, S164.05, or upon
failure to furnish the materials within
a reasonable time to notify the plain
tiff and pay him forthwith the said
amount.
The plaintiff assigns as errors: That
the Magistrate was without jurisdic-
ton to decree specific performance of
the contract, he having no equity juris-
diction; that judgment should have
been rendered for either the plaintiff
or the defendant; and that it is errone-
Gus and void in that it was rendered
for both parties and in that it cannot
be enforced by any process that the
District Magistrate can issue.
The defendant in his return admits
each of these errors.
The parties having filed stipula-
ton for a hearing in vacation by two
Justices only, the Chief Justice being
absent, and that an order may be made
reversing the judgment of the District
Magistrate and remanding the case to
the District Court of South Kona, Ha-
wall, for a new trial, and directing
costs herein to be divided, it is Sc
ordered.
Creighton & Correa for plaintiff;
Thurston & Stanley for defendant.
Honolulu, August 10, 1896.