The Hawaiian gazette., 1871-08-09
Supreme Court, July Term, Is7I.
BEFORE HARrwEII, J.
JOHN. o. DOMSIs Er AL VS.. JAMES CAMPBELL Er Alt


JOHN. o. DoMINIs KT AL VS. JAMES CAMPBELL ET AIT
Trespdss de 5oHis asportdtis jury tcaired
FINDINGS AND OPINION OF THE COURT
The plaintiffs complain that the defendants
wrOngfully took and converted to their own use
about April 20, 1871, certain sugar cane ther
growing on the land of Apauhua Lahaina, said
cane being the property of the plaintiffs, and ID
their possession, and lay their damages at $3.50
The answer is the general issue. The defendants
also moved the Court to dismiss the case on the
ground that His Majesty the King, one of the
parties plaintiff, can neither sue nor be sued in
any court or tribunal of this realm. The question
of law raised by this motion is reserved for the
consideration of the full Court
The facts in the case find to be as follows,
viz:
Sept. 5, 1869, articles of copartnership we're
entered into at Honolulu, by John o. Dominis,
acting for His Majesty the King, Ferd. W.
Hutchison, James Makee and z. S. Spalding for
manufacturing sugar at Lahaina, under the style
of the West Maui Sugar Association, said Spal-
ding being constituted managing agent for the
firm, and authorized, among other things, to lease
land and make purchases for the firm business
Oct. s, 1869, the following agreement was duly
executed, viz:
This Agreement made and entered into
this sth day of October, 1870, by and between
certain Association doing business in Lahaina,
Island of Maui Hawaiian Islands, under the
name and style Of the WEST MAUI SUGAR ASSo-
cIArIoS, parties of the first part, and Kealo. o.
of Lahaina, Island of Maui, party of the second
part, WnSEssErH That the said party of the
second part, for the consideration hereinafter
mentioned, doth hereby covenant promise and
agree with the parties of the first part, that he
will break up, plant and well and faithfully cuti-
vate in sugar cane the following land stuate in
the Dist. Of Lahaina, Island of Maui, Hawaiian
Islands, and described as follows, to wit: One
tanning Il acres, the property of Namaka, o.
now occupied and cultivated by Kealo, Ck.) con-
tanning one and one fourth acres or thereabouts.
Such planting and cultivation of sugar cane
thereon to be commenced within sufficient time
from this date to mature crop fit for grinding
for the year 1870. and to be continued each year
thereafter for the term of seven years next
ensuing
q" That when the said several crops of sugar
cane, SO to be planted, grown and cultivated as
aforesaid, shall be ripe and in fit condition to be
manufactured into sugar, the party Of The second
part doth agree to put the same in order for
cutting, and to make ready for grinding, and
deliver the same to the parties Of the first part
at the prices hereinafter specified and the parties
of the first part do agree to pay for the same as
hereinafter set forth.
Aud the party of the second part doth hereby
and agree with the parties of the first
part, that upon the failure Of the party of the
second part to well and faithfully perform the |
conditions of this agreement, or any of them, as
hereinbefore specified, at any time within the
period aforesaid, then this agreement, at the /
option Of the parties of the first part, shall be 1
understood, considered and become a coyeuanted |
lease of the aforementioned premises for and |
during the then unexpired term of this agree
ment, and the said parties OF the first part their
agents or servants, are hereby authorized and /
empowered then and in such case to enter into
and upon and occupy the aforementioned and de-
scribed land and premises and cultivate sugar
cane thereon according to the conditions herein
before agreed to by the party of the second part,
and to deduct all such sums of money as may be
paid by them for such cultivation from the pro-
ceeds which would have accrued to the party of
the second part according to the terms of pay
ment hereinafter specified TO be paid to the party
Of the second part if he should have cultivated
the cane as above; and the parties of the first
part hereby covenant, promise and agree to re-
,eive from the party Of the second part all such
sugar cane as may be raised, grown, cultivated
md delivered, and such sugar cane as may be
yroWn by themselves by virtue of any clause Of
his agreement for the term Of seven years from
he maturing of the crop of 1870. and to pay for
he same at the rate of seventy dollars per acre
or cane producing two tons Of sugar per acre,
md for cane producing more or less than Two
Ons Of sugar per acre, at the rate of thirty-fve
seighing aud gaugiDg the juice. And it is hereby
specially and mutually agreed, that this agree
nent is made lien upon the land herein above
which said land is intended to be
'ound and is hereby bound for the fulhIlment Of
he same.
And for the true and faithful performance Of
II and every Of the covenants and agreements
bove mentioned, the parties to these presents
ind themselves, each unto the other, in the sum
f one hundred dollars as liquidated damages to
e paid By the failing party.
In witness whereof the parties to this agree
1ent have hereto set their hands and seals this
th day of October, 1869.
TIE WEST MAUI SUGAR ASSOCIATION,
By s. SPALDHG, lScroll1
KKALo, X [ScrolI.1"
iigned, sealed and deliver-