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

fcers of the port of Honolulu to whom the said
master is alleged to have failed to disclose the
fact that the said steamship Sepfiuia was brought
within the harbor CT Honolulu under the COM
mand of said Peterson, on to wit, th013th day of
February instant, whilst a contagious disease
known as the smallpox was prevailing amongst
the passengers on said ship" and further the said
hbelant doth not IN and by his said libel articu-
lately allege which of the facts last above named
the said master failed to disclose or that when
so failing, he, the said master then knew or had
reason to suspect the existence of such fact;
Eaghth: That the said hbellant doth not in and
BY his said libel set forth and alege in words and
figures the contents of the health certificate therein
alleged to have been signed by said master, nor is
the original or copy of said health certificate an
nexed to said libel;
Ninth That the said hbelIant in and by the
third article of his said libel doth not allege any
act thing to have been done by said master,
against any of the statutes of the Hawaiian ISL
ands nor doth the said bellant in and by the said
third article of his said libel allege any cause Of
forfeiture of said vessel or her apparel tackle or
furniture;
Tenth That the said IbeIlant doth not in and
by his said Libel; alege that said Achoy and Achong
board said vessel at the time when the said
alleged health certificate signed by said master;
or that the said master when signing said health
certificate knew that said Achoy and Achong were
then said vessel, or then were or had been sick
with smallpox OK any contagious disease;
EleueHth That the said hbellant doth not in
and by his said libel allege that the said master
or negiigently make any false statement In said
health certificate;
Tioelfth: That the said libellant doth not in and
by his said libel allege that upon or after the
rival of said vessel at said port OF Honolulu any
inquiry into the sanitary condition of said ship
and the health of those on board was made by any
pilot of said port, or that any such pilot before
boarding said vessel was assured to his satisfaction
that there danger to be apprehended from
any contagious disease on said vessel; or that
upon boarding said vessel such pilot did present
the commanding officer thereof with health GER
tifcate to be signed by him; or that said vessel
was not brought into said port by such pilot, when
knowing that there was Just ground to suspect the
existence OF contagion on board thereof;
Thirteenth That the said hbellant doth not in
and by his said libel alege that the said disease of
smallpox was intoduced into said kingdom In con-
sequence or by reason of any act, matter or thing
done said by said master;
Fourteenth That the said libel is vague, uncer-
tain, indefinite and contains no ayerments upon
which this honorable Court can find that the said
master hath committed any offense against the
statutes of the Kingdom of the Hawaiian Islands,
or on which this honorable Court can pronounce
sentence of forfeiture as in said libel prayed;
Fifteenth That the said libel doth not present
a cause in admiralty or maritime jurisdiction;
Wherefore and for divers other causes of excep-
ton to the said libel the respondent prays that this
honorable Court would be pleased to pronounce
against the libel aforesaid with COSTS and other
wise right and justice to administer in the pre-
misses.