The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-12-08
SIXTy-DAY
LAW HOLDS
An Assessment Against
an Estate Not
Lawful.

The sixty-day limit is declared
valid law. BY a unanimous opinion,
written by Chief Justice Frear, the
Supreme Court grants a perpetual writ
of prohibition to S. Ahni against Mary
Buckle and Judge De Bolt, forbidding
the trial of the case of Mary Buckle
VS.. S. Ahmi at the present term of
the first circuit court c. w. Ash
ford appeared for petitioner, and
Thompson & Clemens and Attorney
General Peters for respondents. This
lis the syllabus:
THE provision of the Organic Act
that each law shall embrace but one
subject, which shall be expressed in
Its title should be literally construed.
The title may be broader than the act,
provided it is not delusive; the act
may cover different matters, provided
they have a natural connection and
are fairly embraced in one subject A
provision limiting civil jury trials,
/
days of each term in the first circuit,
may properly be included in an act
purporting in its title to amend a GER
tain section of the Revised Laws re-
lating to terms of the circuit courts,
the other provisions of which act re-
late to the length, adjournment and
extension of the term in the several
circuits
! ILLEGAL ASSESSMENT.
| S. Hookano, district magistrate of
Eva has been sustained by the Su-
preme Court in denying a writ of sum-
mary possession to Carlos A. Long, adj
ministrator of the estate of r. w. Holt,
deceased, against r. W. Holt and many
others ito forfeit a lease held by de-
PENDANTS of certain lands in Waianae
and to recover possession of said lands,
the ground of forfeiture being a breach
of covenant to pay the taxes on the
Iands.''
| The lease was made on November
| %, 1862, by r. w. Holt, executor of r.
w. Hollis will, to John Dominis Holt
for the period of the natural life of
the lease. The defendants are the pres
ent holders of the lease, some of them
! c. w. Ashford and E. A. c. Long
appeared for plaintiff; A. G.. NJ. Rob-
ertson, Thayer & Hemenway, E. C.
Peters and Smith & Lewis for defend
ants. The syllabus of the opinion, JUS
tice Wilder being the author. is as
follows:
! An assessment of taxes to an estate
| is not authorized.
! "A lease in which the lessee cove
, nanted to pay the taxes can not be
| forfeited for the nonpayment of the
| taxes by the assignees of the lessee
where there is no legal assessment"
| 1t was alleged in the complaint that
the defendants refused and neglected to
lpay the taxes for the years 1900 to 1903
| inclusive. The taxes for each year were
assessed to Est. Holt, r. w" Judg-
Iment was rendered in favor of defend
ants by Judge Hookano on the ground
| that no taxes had been legally levied
or assessed upon the lands, and plain
tiff appealed to the Supreme Court
on the points of law. The judgment
appealed from is affirmed.
o o . o q e o o o q . q o O o . o
well and others to hold the corpora
tons offices and control. Fifteen days
were allowed to amend the petition,
| an immediate appeal to the Supreme
| Court also being allowed. G. w. Ash
ford appeared for petitioners and A.
F. Judd for respondents Misjoinder
of parties was the ground on which the
demurrer was sustained.
COURT NOTES.
Judge De Bolt granted motion ror
| examination of judgment debtor in the
| case of H. May & Co, Ltd. VS.. Wal
kiki Seaside Hotel Co, Ltd. The
judgment is for $1O92 81 and H. r. Mac
farlane Jr., treasurer of defendant, is
ordered to appear for examination at
o'clock tomorrow morning.
The appeal of plaintiffs in the suit of
c. G. Ballentyne and Honolulu Rapid
Transit & Land Co. VS.. William O.
Smith, the Pacific Heights Electric
Railway Co. and c. S. Desky from the
decree of the Supreme Court of Ha-
wall to the Supreme Court of the Unit
ed States was yesterday perfected.
There are five assignments OF error.
Judge Robinson assigned the case of
Western Iron Works Co. VS.. Victor
Hoffman and Honolulu Brewing Sc
Mailing Co. to Judge Lindsay.