The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1870-04-13

l. The Hawaiian schooner Pduahi, then owned
as to onehalf thereof by William Babcock. and
one-fOurth thereof by Henry Macfarlaue, and one,
fourth thereof by Lucretia B. Green, Hawaiian
citizens, was duly registered in the Custom
House of Honolulu, on the 10th day of June,
1869.
2. The one-fourth OF the Hawaiian schooner
called the Paudhi, was, on the 10th day Of June,
owned by c. n. Spencer & Co.. and the legal
title to said oHe-fourth share stood ia the name
of Henry Macfarlaue. (one Of the members Of
said firm engaged in mercantile business in Homo
lulu) as appears by the certificate of the registry
of said schooner, in the record Of the Custom
House at Honolulu.
g. The said William Babcock and the said c.
n. Spencer & Co., on the 5th of June. 1863
executed mortgage of their said three-fourths
shares of the said schooner to the banking firm
of Bishop & Co., of Honolulu, to secure their
promissory note of the same date for the sum of
-Four Thousand Dollars, borrowed by them from
the said Bishop & Co., which mortgage was re-
ceived for record, June llth, 1869, at 3h. 30
o'clock P NJ, and recorded on pages 344, 345
Book B, of transfer OF Hawaiian vessels, by W.
F. Allen, Collector-General Of Customs, at the
Custom House, in Honolulu Hawaiian Islands
and which sum of money, so borrowed and Sc
cured BY mortgage, the said mortgagee claims to
have formed part of the original purchase
money of said schooner.
A. The said Lneretia b. Green bargained and
| IL III L. :. Al. a
schooner to the said Henry Macfarlane by bills
of sale dated the sth of January, 1870, in con-
sideration of $500, free and discharged of all
claims against her share except the sum of $500;
that at that date the said one-fourth share of
said schooner was owned by c. n. Spencer &
Co., and the legal title stood in Henry Macfar-
lane, one Of the members Of said firm, as appears
by the bill of sale recorded in the Custom-H House
at Honolulu, on the 10th day of January. 1870
5. That for the said purchase moneys, 500,
the said Henry MacfarIane, on the sth day of
January, 1870 executed mortgage back to Lu-
cretia b. Green of one-fourth share in said vessel
to secure the payment of two promissory notes,
drawn by c. n. Spencer & Co.. of which firm
the said Henry Machrlane was a member, for
| 81 $50 each, payable in three and six months
after the date lst January, 1870, with interest at
l per cent per month"; and tina: the sum Of $500
was ndorsed on one Of the said notes Re-
ceived on account Of the within note $500; same
being Indebtedness of Mrs. Green 4th interest
to date and that said mortgage was received for
record, January 10th, 1870, at l2h 10 P. NJ, and
recorded on pages 375, 376, Book B, transfer of
Hawaiian vessels, at the Custom House in Homo
lulu,
6. The said firm of C, N. Spencer & Co., by
deed dated 18th day of February, 1870, assigned
and made over all their estate, property, and
effects, including their said interest in the said
Hawaiian schooner to Theo II. Davies and II.
A r. Carter, IN trust for themselves, and the
other creditors of the said firm. and which was
duly recorded in the Office of the Registrar Of
Conyeyances. ees..,.
Z, From the time of the purchase of the said
schooner Paudhi, until January |, 1870 the said
firm of G. n. Spencer Co. acted as agents or
ships husbands for the said schooner, and at the
date of the said assignment, balance Of S2,6l472
stood TO the debit of the said schooner, on the
books of the said firm, which the said assignees
claim to be lien on the said schooner, in priority
to the said mortgages, who claim to hold the
first lien on the said schooner, aud deny that q.
n. Spencer & Co., as part owners, and agents
and ships hubands, or their assignees have, or
are entitled to, lien on the said schooner. And
the said mortgagees traverse the accounts Of the
said c. n. Spencer & Co, agents and ships hus
bands, and deny that the above debit, SO standing
on their books at the date of their assignment, is
true one.
8. On the part of the said assignees and cred
itors, it is also alleged that the said mortgages
are void at law, as against the creditors of SAID
firm. by reason of their not having been recorded
in the Office of the Registrar of Conveyances, IN
accordance with Chapter &c, Art 81, of the Civil
Code of this Kingdom but which is controFerted
by the said mortgages, who allege that their
said mortgages are valid and efeetual, as the said
instruments were duly deposited with the Cor
Iector-General of Customs, and by him duly re-
corded within three days after their execution
and delivery, in accordance with the provisions Of
Chapter 9, Article "a, of the Civil Code Of this
Kingdom. s+
J. MONTGOMERY FOR THE AssIGNEEs