The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-11-11

shall be paid secured be paid before permit shall
granted for landing transhpping them The Collector
General of the law bind
the H like all public officers bind
beyond contrary authority
given him by the laws The giving up of goods without full
payment OF duties is act not only not authorized, but for
hidden, by And likewise he could them
back in face of Sec. $50, Civil Code (amended)
Mintum Z. s., 106 .. S. 444.
,. That if defendants entitled the wine
for respmen then they should have been allowed
the wine to the Custom unclaimed goods
This position be maintained There fraud
the part the defendants if there had been they might have
been liable only for the forfeiture of the goods and the
penalties smuggling but also the payment of the full
duties well. The wine legally in the Republic and
forfeiture could attach it 1t is like incomplete entry
and the being made the of duties determined
and they become debt due the Hawaiian Government.
In re Petition of Foster ct al .. COlector-GeneraI of
Customs 2 Haw. 1877.
1t claimed by defendant that there
this kind of but of degree under 210 and therefore
there importation by them But this is sound The
defendants ordered lighter wine, and the fact that their
shipped of different quality of greater alco
hoc strength relieve defendants from being importers
made duties paid and withdrawal of the wine
The defendants the position Withdrawing goods from
the Cusohouse having paid thereon short duties and by such
withdrawal they pay the actual duties due them.
Duties become debt due the Hawaiian upon
importation of the goods The debt and
not dependent upon undertaking by the importer The
goods having been imported had left custody
Cusomhouse which held them security for the payment
of the duties due upon them Parting with this security is
to be assumed that the Withdrawing them
pay what is due Them
Cleghorn, General, of Customs a. Luce Z
Haw. 314
Duties personal debt charge upon the importer
the right them limited the the goods or
the bond given for their payment the goods liable
duty such duty be collected by action against the
porter Notwithstanding the goods delivered the importer
the assumption that they entitled free
They due, although the goods have been smugge
through accident mistake fraud duties duties
have beeen paid and the importer discharged
debt by the delivery of the goods him without payment
bond taken the duties extingushment
OF the debt but merely collateral security for payment
Y. s. a. Cobb II Fed. Rep. rs.
Duties personal debt independent of any lien on
goods and of bond given for duties and the right
duties when goods the proper port of
entry.
MeaediM Y. s., - Pet 4S6.
The defendants have remedy in law relieve them
what apparent hardship arising through negligence
their part but resulting from the their consgno
and practice of the customs officers in permitting Withdrawals
before full test made but such practice appears
the benefit of the importer facilitate
and traffic.
The relief sought for be granted by the Court in this
case however great the equities.
Let Judgment be entered for the plaintiff 1910 against
Company and for $3.50 against Loveioy &
Company, in accordance with the submission
AtOrneyGenerGI W. o. Smith and DeDuty AttOyneyGeu-
erdI Dole for plaintiff.
4. q. II. Robertson, for defendants.