The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1881-03-02

LIBEL.
To the Hon. laurence McCu7Iy Justice of the ST.
pre1le Court: The libel of information of Henry
A. 2. Carter, Attorney General of the Hawaiian
! Islands dd interim, who prosecutes in behalf of
His Majesty the King of the Hawaiian Islands,
herein represented by j. NJ Davidson, against the
German steamship Septimd, her tackle, apparel
and furniture, and against John Peterson, now
master of said vessel, and against all persons law
fully intervening for the interest of said vessel in
cause of forfeiture, alleges and informs as fol-
lows:
Fhst-That the said steamship Septima, COM
manded by John Peterson aforesaid sailed
from the city of Canton, Empire of China on to
wit, January 2lst, 1881, bound to the city of Homo
lulu as port of destination, with large number
of Chinese passengers, to wit, $40.
SecoHd-That on the passage from the city of
Canton TO Honolulu, as aforesaid, certain of the
passengers in said steamship, named Achoy and
Achong were taken sick with contagious disease
known as the smallpox, and whilst they were i'll
from the said disease, the said vessel, under the
command of the said Peterson, was brought with
IN the harbor of Honolulu, within the Hawaiian
Kingdom, on or about the 18th day of February,
A. D. 1884, instant; and the fact that the said pas
sengers, AchOy and Achong, were i'll of the said
disease known as small -pox concealed by the
said Peterson master of the said steamship, from
the Health officers of the port of said Honolulu
and from the Board of HEALTH its servants and
agents; and that by bringing the said vessel with
the said passengers affected with the small -poX
disease dangerous to the public health, within the
Hawaiian Kingdom the said vessel so entering the
said harbor of Honolulu, under the command of
said Peterson as aforesaid, was the means of in
Producing clandestinely within this Kingdom a
contagious disease dangerous to the public health
and that by force of the statute in such cases made
and provided the said vessel, her tackle, apparel
and furniture became and are forfeited to the use
of the Hawaiian Government
Thrd-That the said steamship Sepfima was
brought within the harbor of Honolulu under the
command of SAID Peterson on, to wit, the 18th day
of February instant, whilst contagious disease
known : Smail-DOX TDrevaIluU ba
passengers on said ship; and that the said COM
mander failed to disclose the fact to the proper
officers of the port of Honolulu, and did make a
false statement in the health certificate signed by
him at the date aforesaid, declaring thatno person
on board of said vessel had been seized by any
contagious disorder; and further, that no person
had been sick of a contagious disease on board of
SAID vessel during the last SIX months, when in
fact two persons Achoy and Achong, we're at that
time, and for several days previously had been,
sick with contagious disease known as the small
p)x, and were on said vessel when she was so
brought in the harbor of Honolulu at the date
aforesaid
Lasay-And that all and singular the premises
aforesaid were and are true, and within the ad-
mlr3ty and jurisdiction of this Honorable Court,
whereupon the said Attorney General in behalf of
His Majesty the King, prays that the process in
due form of law according to the practice of the
Court of Admiralty, and this Honorable Court,
may issue against the said steamship Septima her
tackle apparel and furniture, and that all persons
interested therein may be cited, in general and
special to answer the premises, and that the SAID
steamship SepfiBia her tackle apparel and furni-
ture, be Condemned by the definite sentence and
decree of this Honorable Court forfeited to the
use of the Hawaiian Government, according to the
statute in such cases made and provided.
(SigRed) II. A. p. CARTER
Acknowledgement ad interim
J. NJ. DAVIDSON, Advocate.
II. A. p Carter, being duly sworn under OATH
says that he has read the foregoing libel and that
all of the facts and averments alleged therein are
true to the best of atlantis knowledge and belief
fSigned) II. A. p. CARTER
Subscribed and sworn to before me this - day
of February, A. D. 1881.
(Signed) JNo E. BARNARD,
Clerk of the Supreme Court
Let process as prayed for issue, returnable be-
fore me in Chambers, Wednesday, the sd day of
February instant, at 10 o'clock A. NJ.
tSigned) LAWRENCE McCULLY,
Justice of the Supreme Court.