ACCRETION, see Halstead vs. Gay, 587.
ADMINISTRATOR, see PROBATE LAW.
ADMIRALTY, see MARITIME LAW.
ADOPTION, see PARENT AND CHILD.

ADULTERY, see HUSBAND AND WIFE.

ADVERSE POSSESSION, see LAND.

AFFIDAVIT, see APPEAL, 9: COSTS, 2: NEW TRIAL, 5.

AGENT, see ATTORNEY-AT-LAW, 2: HUSBAND AND WIFE,
1, 10.

AGREEMENT, see CONTRACT.

ALLUVION, see Halstead vs. Gay, 587.

AMENDMENT, see PLEADING, 3, 7: APPEAL, 12, 18: COR-
PORATION.

ANIMAL, see CONTRACT, 2: HORSE: MARITIME LAW, 3.
APPEAL.

1. In criminal case, Full Court must decide whether appellant
can be punished at all, and if he can be punished under some
other law than that under which he was charged, he must be
remitted to the Police Court for legal sentence. Rex vs. Young
Tang, 49.

2. Appeal must comprise certificate of points, signed by the Justice.
Rex vs. Lee Choy, 62; Wenner vs. Lindsay, 119; Humuula Co.
vs. Ahlo, 213.

3. Points of law, if not on record of Justice, must be presented to
and certified by him within ten days from judgment. Afong vs.
Kale, 520.

B. TO JURY.

4. Chap. 62, Laws 1886, does not deprive appellant of right to trial
by jury, if he waives it. Paa vs. Richardson, 300.

5. On appeal from Police to Circuit Judge, if judgment is in favor of
appellant, appellee may go to a jury. Rego vs. Mahoe, 621.

C. RE-HEARING,

6. Re-hearing refused. Hop Sing vs. Kam On, 144; Un Wo Sang
vs. Alo, 306.

7. It is discretionary with a Justice to grant a re-hearing, and
appeal does not lie from his refusal. Makalei vs. Himeni, 168.
8. Defendant pleaded guilty in Police Court and asked for re-hear-
ing, which was refused: held, appeal should have been from such
refusal, not from the judgment. Rex vs. Yok Lan, 584.

D. GENERAL PRINCIPLES.

9. An affidavit, not entitled in any Court, was filed in Police Court
after appeal perfected: held, irregular. Rex vs. Yok Lan, 584.
10. Appellant entitled to costs, having obtained reduction of judg-
ment. Macfarlane vs. Cerastes, 152.

11. On appeal from judgment of nonsuit, only question is whether
evidence justified nonsuit. Garcia vs. Mendonca, 194.

12. Amendments should not be allowed in Appellate Court, unless
refusal would bar plaintiff from bringing new action. Ib.

13. Opening default is matter of discretion, not reviewable except in
case of abuse. Bishop vs. Pacif. Nav. Co., 276.

14. Report of Master in Chancery has same weight as verdict of jury,
Monting vs. Leong Kau, 486.

15. Newly discovered evidence allowed by Full Court on Equity
Appeal. Thurston vs. Aylett, 573.

16. Equity Appeal is from decree, not decision. Un Wo Sang vs.
Alo, 673.

17. Appeal allowed, though taken before signing of decree. Ib.
18. Objection to form of complaint, made for first time on appeal,
should not cause dismissal of suit, but amendment should be
allowed. Meek vs. Aswan, 750.

See CRIMINAL LAW, 15, 18: EXCEPTIONS: NEW TRIAL:
WRIT OF ERROR: TAX, 1: COSTS, 1.

APPROPRIATION BILL, see Re Military Act, 768; Re Appro-

priation Bill, 777.

APPROPRIATION OF PAYMENTS, see PLEDGE.

ARREST, see CRIMINAL LAW.

ARREST OF DEBTOR, see Congdon vs. Ackerman, 569.

ASSIGNMENT.

1. In absence of a statute, assignee under voluntary assignment for
benefit of creditors cannot set up any defense that the debtor
could not set up. Bishop vs. Pacific Nav. Co., 276.

See BANKRUPTCY: KING, 2, 3.

ASSUMPSIT, see REVENUE LAWS, 5.

ATTEMPT, see IMMIGRATION, 1.

ATTORNEY-GENERAL, see GOVERNMENT.

ATTORNEY AT LAW,

1. New counsel must take case where they find it. Makalei vs.
Himeni, 168.

2. Knowledge of attorney held not to bind client in another action
in which client had employed another attorney. Cartwright vs.
Everett, 216.

3. Deputy Sheriff removed for acting as attorney. Re Moanauli,
261.

4. Attorney's fees not taxable for or against the Government.
Bowler vs. Bd. Immig., 715,

See COSTS, 3: WRIT OF ERROR, 4.

ATTORNEY IN FACT, see HUSBAND AND WIFE, 1, 10.

AWARD, see LAND.

BAILMENT, see CONTRACT, 3: SALE, 3.

BANKRUPTCY.

1. Chattel mortgage held void as in fraud of creditors, mortgagee
having reasonable cause to believe mortgagor insolvent. Sec Hop
vs. Soper, 4.

2. Defendant, as administrator of Ahuna, held as assets a note of
Anin, Ahuna's partner. Defendant was appointed receiver of the
partnership, and Anin promised to pay the note out of his share
of proceeds. Later Anin became bankrupt, and plaintiff was
appointed assignee. Held, that defendant could retain amount
of said note, and plaintiff was entitled only to balance of proceeds.
Parke vs. Selig, 79.

3. Bankrupt, before his bankruptcy, gave plaintiff an order on t
receiver of a partnership of which the bankrupt was a member,
and the receiver accepted it. Held, the amount was no part of the
bankrupt's estate, and should not have been paid to assignees, and
assignees are not entitled to commissions on it. Hopper vs.

Parke, 185.

4. Landlord's claim for rent is not a lien, and has no priority over
ordinary debts. Bankruptcy of On Chong, 376.

5. Pledgor of stock having become bankrupt after the pledge, his
creditors have no claim on the stock as against the rights of the
pledgee. Castle vs. Smith, 579.

6. A son held to have a vested remainder in property devised to his
mother, which passed to his assignee. Damon vs. Dickson, 694.

See ASSIGNMENT.

BOARD OF IMMIGRATION, see IMMIGRATION.

BOND, see EXCEPTIONS, 12: NEW TRIAL, 10.

BOOK, see ACCOUNT.

BRIBERY, see Loo Ngawk vs. Cartwright, 401.

CABINET, see GOVERNMENT.

CANCELLATION, see DEED: FRAUD.

CARGO, see MARITIME LAW.

CASES (in Vols. I. to VII. Hawaiian Reports) APPROVED, CITED,
DISTINGUISHED OR REVERSED HEREIN.

Achi vs. Kauwa, V. 298: see Parker vs. Cartwright, 606.
Ackerman vs. Congdon, VII. 31: see Smith vs. Aholo, 117.

Ah Chu vs. Sung Co., V. 292: see Kaleialii vs. Kekuawela, 387.
Bankruptcy of Ching On, VI. 287: see Bankruptcy of On Chong,
376.

Brewer vs. Luce, VI. 554: see Hilo Sugar Co. vs. Minister, 671.
Briggs vs. Briggs, IV. 448: see Rex vs. Young Tang, 59.
Briggs vs Mills, IV. 451: see Napahoa vs. Ch. Union, 382.
Castle vs. Kapena, V. 27: see Widemann vs. Thurston, 480.
Davis vs. Brewer, III. 270: see Okuu vs. Kaiaikawaha, 312.
Davis vs. Spencer, III. 274: see Parker vs. Cartwright, 606.
Elikapeka vs. Ookala, IV. 625: see Keamalu vs. Luhau, 325.
Estate of Molteno, III. 288: see Estate of Long, 375.
Forbes vs. Gibson, III. 260: see Bishop vs. Kala, 591.
Howland vs. Jacobs, II. 155: " 44

Humuula Sheep Co. vs. Ahlo, VII. 213: see Afong vs. Kale, 521.

In Re Brito, VII. 42: see Rex vs. Young Tang, 58.

"Chow Bick Git, IV. 385: see Rex vs. Leong Tiam, 341.
"Hewahewa, II. 165: see Napahoa vs. Ch. Union, 382.
"Piipiilani, VII. 95: see Rex vs. Akana, 167.

66 "The Mary Belle Roberts, III. 823: see The Consuelo, 713.
"The Kalakaua, IV. 325: see The Consuelo, 707.

Kahoomana vs. Minister, III. 635: see Thurston vs. Bishop, 438.
Kaia vs. Kamaile, IV. 352: see Keamalu vs. Luhau, 326.
Kamalu vs. Lovell, IV. 604: see Kaleialii vs. Kekuawela, 387.
Kamehameha vs. Kahookano, II. 118: see Thurston vs. Bishop, 433.
Kamohai vs. Kahele, III. 530: see Okuu`vs. Kaiaikawaha, 312.
Kekaua vs. Kalei, III. 713: see Ahin vs. Widemann, 334.

Kenway vs. Notley, V. 123: see Un Wo Sang vs. Alo, 306.
"Hop Sing vs. Kam On, 144.
King, The, vs. Ahopa, VII. 556: see Rex vs. Akana, 554.
แ "Apuna, III. 166: see Rex vs. Reeve, 313.
Bradley, IV. 187: see The Consuelo. 710.
"Cornwell, III. 154: see Rex vs. Reeve, 313.

"Gillingham, II. 750: see Re Piipiilani, 100.
"Kaona, IlI. 118: see Rex vs. Reeve, 313.
"Lau Kiu, VII. 489: see Rex vs. Fernandez, 511.

66 Lee Choy, VII. 62: see Afong vs. Kale, 521.
66 "Humuula vs. Ahlo, 214.

66

"Luce, VI. 684: see Rex vs. Lau Kiu, 498.

"Reeve, VII. 336: see Rex vs. Akana, 555.
"Tong Lee, IV. 341; see Rex vs. Fernandes, 518.
Yat Sing, III. 672: see Rex vs. Young Tang, 62.
Young Tang, VII. 49: see The Consuelo, 710.

แ

Rex vs. Yung Hong, 360.
"Yung Hong, VII. 359: see The Consuelo, 713.

Laanui vs. Puohu, II. 162: see Thurston vs. Bishop, 435.
Luka vs. Fyfe, IV. 569: see Scott vs. Crowningburg, 731.
Malani vs. Puhi, V. 505: see Rex vs. Reeve, 337.

Manu vs. Campbell, IV. 498: see Parker vs. Cartwright, 614.
Maughan's Will, III. 233: see Damon vs. Dickson, 703.

Mokuhia vs. McCandless, V. 370: see Scott vs. Crowningburg, 728.
Olepau vs. Rahapa, VII. 177: see Kanoelehua vs. Cartwright, 329.
Onomea vs. Austin, V. 604: see Makalei vs. Himeni, 169.
Paahana vs. Bila, III. 725: see Kuanalewa vs. Kipi, 578.
Paloma vs. Sheldon, IV. 131: see Paa vs. Richardson, 304.