The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1877-02-03

but the fact that the defendants undertook to
prove the deed. By proving not only the sigma
ture OF the witness but that OF the alleged grantor
also. and the fact that the proof OF the %grantors
signature was attacked by the discrimination
i not alluded TO. The Court recognize the prin-
ciple that the landlord and tenant act applies only
to cases OF admitted tenancy, and cannot be used
in lieu Of ejectmenL The Court in this case con-
slider some questions OF law which are involved
although the Bill Of Exceptions raising them does
not show tha: the points were duly excepted to at
the trial.
Mr.. Hartwell for plaintiffs; Messrs. Jones and
Preston for defendants.
II. A. WIdemaan Us KaIqpu. As this case in
wolves questions of great interest to planters, We
print the statement Of the matters submitted by
agreement to the Supreme Court, together with its
opinion. The plaintiff, we understand, relied
mainly on the power Of attorney, and the absence
Of any necessity of his continuing to own the land
itself.
Agreement to transfer cause to the Supreme Court
in Banco.
1t is hereby agreed by and between the above
named parties as follows, viz:
That the Plaintiff claims the services Of the defen-
dant under and by virtue of a contract of labor, a
copy whereof is hereto appended, which contract
was duly executed in duplicate, and under the fol-
lowing statement of facts viz That at the date Of
said contract Charles c. Harris and the said II. a.
Widemann were owners Of the Waihee Plantation
and were carrying on and managing said plantation
for their joint interest as co-partners.
That on the 18th day Of August, A. D. 1876, the
said Charles c. Harris released to the said Fl. A.
Widemann his interest in the said plantation.
That on the Goth day Of September, A. d. 1876,
the said II. A. Widemann executed the conveyance
to James Makee and John ID. Spreckles which is
filed herewith. reserving to himself a certain undivi-
ded interest in the crop of said plantation, and as q
part Of the consideration for such conveyance max
ing said James Makee his attorney to enforce all out
standing labor contracts, as shown by indenture of
agreement and letters of attorney whereof copies are
herewith filed. That the Plaintiff brought suit
against the Defendant to enforce said contract before
the District Justice Of Wailuku on said Island OF
Maui, on the second day of November, A. ID. 1876,
and said Magistrate thereupon ordered and aGjudged
that the said defendant do return to the plaintiffs
service on said plantation, from which judgment the
defendant appealed to the Circuit Court of said
second Judicial District.
obtained the said cause is agreed to be transferred
from said Circuit Court TO the Justice of the
Supreme Court in Banco, to be heard by them at
any time in vacation or in term time when they may
so direct, and their decision thereon is to be final to
determine the rights of the said parties in the
premises.
ALFRED 8. HARTwELL, attorney for plaintiff.
EDWARD PRESTON,
VIM. FL. HALSTEAD,
Attorneys for defendant.
Lahaina, Island of Maui, Dec. 9th 1876.
hereby certify that the foregoing is a true copy
of the original agreement filed in the clerks Office Of
the second Judicial Circuit Court in the within
mentioned cause. HENRY DICKINSON, JR.
Clerk Circuit Court, I'd Judicial Circuit.
Lahaina, Dec. 18th 1876.