The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-08-04

ACQUITTED
Turpentine Is Not
Among Tabu
Articles.
Supreme Court Files a
Batch of Three
Decisions.
Registrar Thrum Ordered to Ac.
cept Pacific Mill Deed-BeIated
Writ of Error.

A unanimous opinion of the Supreme
Court has been rendered in the suit of
Pacific Sugar Mill VS.. Thomas G.
Thrum. The plaintiff applied for a writ
of mandamus to compel the respondent,
as Registrar of Conveyances, to regis
| ter deed which he had refused to do
because the instrument did not cor
rectly express the consideration. Judge
De Bolt sustained the demurrer and
| dismissed the application. His order to
that effect is now reversed by the SUI
| preme Court, and the case remanded
| to him "for such further proceedings,
not inconsistent with this opinion, as
| may be proper" C. w. Ashford ap-
peared for petitioner, and Assistant At
torney- General Weaver for the re-
spondent.
Justice Perry is author Of the opin-
| ion, in which he reviews the registra-
| ton law. In conclusion he makes the
Court say: eff the variance instead of
| being $39 or 500 was fifty cents or one
dollar and both amounts within the $500
limit, must the intent of the Legisla-
ture be held to have been to with
hold from such an instrument the right
of registry? We think not. Such diff
ferences are not of the essence Of the
matter but are wholly immaterial."
r. ,fr
A deed therein expressed to be for
one dollar and other valuable consid-
Grafton but which was in fact for a
consideration of one hundred dollars.
cannot legally be refused registry by
the Registrar OF Conveyances on the
ground that not all the consideration
money was therein set forth.
WRIT WAS TOO LATE.
Justice Galbraith is author OF a unan-
imous decision of the Supreme Court
quashing plaintiffs writ of error in the
suit of Mary X. Tibbets VS.. S. Pail.
as guardian for Olivia Lahela. ]. ].
Dunno for plaintiff, c. F. Peterson for
defendant
The gist of the opinion is that the
statute Of limitations runs from the
date of Judgment in the court to which
the writ of error is directed, and not
from the date of decision of the appel
late court in the matter. 1t is held that
the question was settled in the case of |
Cummings VS.. Iaukea. In the present |
case judgment was entered in the Cir
cult Court on August %. 1899, and |
bill of exceptions allowed and filed on
September following; the exceptions
We're overruled in the Supreme Court
on December 10. 1902, and the writ of
error was issued on June 9, 1903 The
law is thus stated in the syllabus:
Exceptions taken to a judgment of a
Circuit Court to this Court do not sus-
pend such judgment so far as to pre-
vent the running of the six months
limitation within which a writ of error
may be issued under Section 1443, c. L.
ABRAHAM FERNANDEZ ACQUIT-
TED.
The Supreme Court has set aside the
of the Circuit Court, judge De
Bolt presiding and jury being waived.
a fire on Abraham Fernandez,
of the Hawaiian Hardware
Co., for an alleged violation of the law
relative to the storage of infammable
The exceptions are sus-
tanned" the opinion written by Chief
Justice Frear concludes, 1.-The sentence ,
is set aside and the case RENTED TO
The Circuit Court with directions to dis
charge the defendant" Attorney-Gen-
erai l. Andrews for the prosecution.
W. A Whiting and c. F. Clemens for
he defendant
Section 1907 of the Penal Laws, which
defendant was charged with violating '
IN connection with a destructive fire
arising on the premises of the concern
IF which he was the manager, reads as g
'ollows: G
No person shall receive. keep or store r
n cause to be received. kept or stored. I
'r aid or assist any person in receiv- 1
ng, keeping or storing. or have at any t
me time on any premises owned. leased n
IT occupied by him. except the store
house provided therefor by the Gov
more than one case of :
laPhtha and one case of benzole. nor l.
more than ten cases of petroleum. kero- Il
'ene oil or any ell OF which the COM Il
'onent part is petroleu.. naphtha, or \
spirits Of turpentine. c
Among other things the Court says r
Il It's examination Of the verbal struc- n
ure OF the statute is the following: T
Oil or spirits OF turpentine il, a pure 1