The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-13

the valid conveyance of land than valid conveyance
horse Its necessary the scheme of sembabarous
institution, engine of slavery and OPPRESSION
of violence disorder which had security
its continued existence than superiority of brute force and
which swept away upon the dawn of better civilization
more than FIVE hundred Why its still required
In class of instruments and in the other where both
have the object namely the conveyance of land?
II have not found any to this inquiry x
"Our conclusion is that the rule which would defeat the
obvious intention and destroy plainly expressed
the parties the present case adapted institutions
the condition Of things this that became part
of the law of the state and therefore, that this instrument
to the essees perpetual right take and the
upon the terms and conditions specified which right may pass
to their heirs and assigns fee" PIP 2s9, 200.
See this general subject Cooeys Blackstone 1o7 ct
seq and notes; Kent Com. let seq; JONES' Real Prop
Sec SIS ct Sec 593 ct seq, and notes. Dembit Land
Tit, Sec. Is and notes; Latrop Z. Wood, Haw 121.
The New Enganders who early settled here did
colony take possession these islands bring body
of laws with th though they exercised potent influence
upon the growth of law and government The laws of
the Hawaans gradually displaced modified and added
The law formally adopted until 1898 and then
subject judicial precedents and Hawaiian national usage
Prior to that time the first without statutory
suggestion what law they should follow
of statutes and later expressly permitted by
appeal to natural law and to received and
the laws and usages of other countries" and "o adopt
the reasonings and principles of the admiralty maritime and
law of other countries and also of the Roman civil
law, far founded in justice, and not in
fc the of country See Civ Code,
Secs IA s23 The usually followed the law
when applicable. But they felt free reject it, and did
rule when, in the present case it based conditions
that longer exist and when had be generally
tentions of the parties instruments and when it had in
sequence been generally altered abrogated by else
where The question here unlike that in the United States
whether the should decline follow rule but
whether it should adopt rule The for giving effect to
the clear expressed intention and for not adopting technical
rules especially when they practically obsolete and founded
conditions that existed here is greater in the of
Hawaiians and Hawaiian deeds than in the of English
speaking people and English deeds See Haalelea Mont
gome4y, 2 Haw 62 Kekake Keliaa, 5 Ib. 437. Among
the which the court has declined follow the common
law as to property the following may be mentioned Wood
o. Ladd ID IL seal essential to mortgages Campbell
Manu. To- 459, essential deed (see also In re
Congdon H. $685. essential to bond) In the matter
of Vida H. g. dover easehod of long duration
Kuuku a. Kaacainui H. 515 Puukaiakea Hida, 5 ID.
1884, and Kuuku Kaoaini, H. 49, conveyance of free
hold IN ttwo (see also Judd Hooper, ID Is, livery OF
sen) Aa Heqner, ID 543, deed to two creates
tenancy common; Thtrson Allen, ID 392, same as to
tenancy common also Rule in Sheleys Case not law here
In re Keliiahonui ID. g. Mossman Government, 10 10
and Nina Wilder u IT, 104, conveyance by dessee
valid Rookie Queens Hospital u H. 374 estates tail and
fees simple conditional exist here See also Kake
Hot0 10 200, damages for death by wrongful act; ee
also Puuu Kaze1eku 10 oO) also The King o. Agnee,
H. 1O6 and The King Robertson H. us, practice in
criminal 1t is unnecessary quote from these cases.
IN To
present
The of the word he indicate intention to
vey be commended, for it well
established and appropriate mode of indicating such nten
tion hold that the failure should defeat such an
when clearly expressed in other way would work
great injustice In opinion the rule which allowed no sub
stitue word express such intention was not IN