The Hawaiian gazette., 1870-01-19
supreme Coar.-rn Equity.

rSu p .fssiG ETSSz3or. md J. ". .aaSfiz.
-Ashuisi. fTlss' 'cisi tse HiE answered. y Tie
+ epsiiss Neo1lE daoeassk
Ball in Eqaiiy. with Exhibit annexed, filed
May SOih. lS6S; pCocsSs issued, reiuraahle June
+ 10th, before the Chancellor: answer filed Sept
18th h: replication fled Oct, 3. Aug. 5 1869. the
respondents counsel moved 10 dismiss. for want
Of prosecution. At the hearing Of this motion.
the complainanis' counsel argued that there had
been no delay on their part. but that one Of the
eomplSinan;s had died. aud the DELAY was caused
partly ~ that event, and parity by their efforts
70 resi<; the discharge Of one Of the executors,
The respoadents' counsel agreeing thereto. and
ssipalAting TO take 10 advantage by reasOn Of the
non-appearaaee Of any representative Of Tucker.
a hearing was assigned for August sth, with the
agreement that Hariwell. J. should sit with the
Chancellor. and their decision he Snal
The Bin arers that Nov. a6. 1855 ;he CON-
plainants entered iato the following agreement
with the aeoeient Exhibit Al
That said Tucker and Waller take charge Of
the numbering business belonging to the kappa
kaea Plantation, of Hilo, Island Of Hawaii for
the term Of two years; said Tucker and Waller
to have sole charge Of the Sawmil and all thereto
belonging; they are TO have the selection and
ooairol Of as many hallock for working at the
luubsring business as they may require. from the
herd nOw on the plantation. They are also to
have the use Of the sawmiu and all implements,
saeh rs Jokes, chains, axes, &c ian inventory
Of which viii be hereunto sppended.l now on the
plantation, for their use, returning the same to
sid Ne;e@T ST the expiration Of the term above
specified. in as good condition as when received
by them All oxen killed outright or perma-
neutiy injured. while 10 their service. shall be
paid for st the rate Of eight cents per pound
when dressed. OF si such reasonable pree as NAV
be agreed upon, al the time. betNeen them and
said Meteaif OF his agent Said Tucker and
Waller shall however. have such beef as may DE
slaughtered at the plantation. for their own use.
al the rale OF four cents per pound at the sham
bles- SAID Tucker and Wsller are to furnish all
l@bor, provisions. in fact, every thing that may
hereafter be required for carrying on the lumber
business IS above intended and to work faith
fGlly and pFudently al the same. during the term
above specified. In consideration Of the land.
mill. oxen. implements. &c. &c. &c. supplied by
sid Netealf and the labor and material supplied
By said Tucker and Waller, the proceeds shall be
divided as fellows One half to said T. Metcalf.
delivered by the other party at the place Of sale.
and the other half shall belong to said George Z
Tucker and Gilbert Waller. The usual words.
Executors. Administrators and Assigns. are
understood to apply, alWays, to both parties to
this agreement
In witness whereof &c
That the sid agreement was superseded Feb.
l4ih. 1856. by the following viz: Exhibit B.l
That sid Tucker & Waller shah take Charge
Of the plantation Of Ksupzkuea in the district of
Hilo. Island Of Hawaii Tor the term Of fsss years
upon the following terms and conditions, viz:
Said Tucker * Waller shall furnish all labor and
provisinns for carrying on the plantation and also
al tools and implements tnat msy be required dur
ing the term Of this agreement All Necessary fence
and buildings shall Be made and credited at the ex-
pensc Of said Tucker & wsller,-said Meteslf
agrees. however, to furnish any nails buit-hinges
LOCKS and fssienings that nay De required for any
substantial wooden baiidings that said Tucker &
Waller shall hereafter erect The ssE-mill nos on
the place shall be kept in and returned in good con
6itiOu for saving. also the wooden dwelling house
(Or an equally good oDel on the place shall be
returned in good condition TO live in All other
Buildings for which T Mrtcaif has furnished nails
etc IN the construction shall revert at the expira-
ton Of this agreement IN good condition Said
Tucker & Waller shall take good care Of all bullock
and horses or other cattle and their increase belong
ing 10 said 7. Nsicsf aud RON on, or that he may
hereafter put upon the place eastTziing and brsnd-
Ing al that require il, al least four times II each
year, paying al irspsss, also al losses and damages
TO cattle through their negligence
-An cattle sold. Otherwise disposed Of from the
place shall be delivered st the place OF sale If on
the island OF Hawaii # elsewhere then TO The ves-
81 al the place OF delivering at the expense OF said
Tucker & Waller They are also to keep true
book seeouBt Of slI transactions wherein said T.
Nseslf Is interested They shall keep Al exact ac
eozni of al beef Consumed by them upon the place
ir which They shall credit said Meieaf Al the rsie
q four cents per pound All PORK, fowl or other
zesa than sesf which tey may require for food ouly
and grown upon the place iheF shall have free %
chsrze said Tucker & Waller are to have a. Insny
and such bullock for work az they may select from
The fook eeiug responsible for all Losses and injury
to said woTsiu- bullock while in their service /
They CD also have tie reasonable use Of any horses
5eIongnz 70 said Netesf that are row or may here
sffeT Be upon the place the same eouditoRs said
Heiezf does Hot however O5lgzte bimselfio furnish
horses for their Al any time That IN consider
stion of the labor &c fsrished by aid Tucker 4
Waller ihey shall Be entitled to one-isf Of the gross
aes q al products q the plantation al the place Of
delivery, creeping the. bullock and horse kind
1poa s actual sales Of b1llock they sbaiI receive
za per cent. but upon the sales Of the horse kind
hey shall receive noihing- said Aeieaf. however 1
: 10 control the sales Of bullock and horses he Is
llsO 70 have such bullock, for work and milk to /
zke 10 the islzzd Il Oahu for lis Use there as be
nzy require without dedueiing percentage said 4
Tucker a Waller shall be permitted 10 have ten AMI
nsEs Seh for their upon the land al any and an
lines daring the term Of this agreement They /
h.F IsbOr faithfully. diIigeniIy ard economically,
lot only il earBg foT the cattle on lbe place but
q Al other b-znrhes Of basinezs where both parties
IL mutually interested ssfd T. Heiezf agrees 10
0ear onehaf Of the expense sustained BY both par
zeE in keeping al anchorage buoy IN : eon6Ii0D 10
ase II frouf Of the plantation lz1dinz It's agreed
hat IN al pisces where the words -.Exeeutors Ao-
ninisfrzf5rz and Assignsv are usually Inserted in
shan be understood 1s implicit in this
lgTseme1t
Il hereby agree fbzt the soas-kaEf cf he
zross sases Of al products q ~ plantation shall
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