The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1883-08-18
Supreme Court in AdmiraIty--Before
Chief Justice Judd.
WALTER MURRAY GIBSON. President on
the Board q Health, trn.t

Chief Justice Judd.
WALTER MURRAY GIBsOS, President on
the Board Of Health LIBEL.
THE STEAMER MADRAS.
To the Honorable Il. Francis Judd, CHIEF
Justice Of the supreme Court:
The libel and complaint of Walter Muir
ray Gibson. President of the Board of
Health Of the Hawaiian Kingdom, against
the steamer Madras, her tackle, apparel
and furniture, whereof w. II. Bradley is
master, now lying and being at the port of
Honolulu, and within the Admiralty and
maritime Jurisdiction Of this Honorable
Court, in a cause of damages civil and mar
itime. And thereupOn this libellant alleges
and articulateIy propounds as follows:
That said steamer Madras on the eighth
day Of April, a. D., 1888, arrived at said
port Of Honolulu, upon a voyage from the
port Of HOngkong, in China. That said
steamer had on board seven hundred and
fOrty-ive Chinese passengers, of whom six
hundred were bound for the port of Homo
lulu, more or less That upon arrival off
the port Of Honolulu, said w. II. Bradley,
master Of said steamer signed health GER
tificate stating that there was no sickness
on board Of said steamer, and delivered the
same to the pilot who had boarded her.
That this Iibellant thereafter discovered
that said steamer Madras was infected with
q contagious disease known as the small
poX, and that two among her passengers
were at that time sick with said disease,
and that said master Of said steamer was
then and there aware Of said facts. That
their Iibellant, acting for and under direc-
tiOn Of said Board of Health, caused said
steamer to be kept out OF said hRTDOr OF
Honolulu; and that said master thereupOn
brought said steamer to anchor off said
port. That besides said master, the crew
OF said steamer Madras consisted of officers
and crew. That said master and crew were
wholly unable and insufficient to control
said passengers. That of said passengers
escaped from said steamer while lying off
said port and before permission was given
her To enter. and attempted to land with a
boat from said steamer; and that subse-
quently eight Of said passengers escaped,
and attempted to swim on shore, said
steamer being in a position from which it
would be possible to do so. That in oonse-
quence Of the neglect or inability of said
master Of said steamer Madras to control
said passengerr, this libellant, acting for
aud under the directions of said Board OF
Health caused guard consisting Of from
sixteen to eighteen men to patrol about
said steamer, to- prevent unauthorized COM
munication with the shore, and the landing
Of passengers and crew, That said guard
was proper and necessary, and that without
the same the smallpox would have been
introduced among the Inhabitants of the
Kingdom from said steamer, and great loss
Of life and damage would have ensued
theTefrom- That, by reason of the premises
aforesaid, the Board Of Health has been
damaged in the sum of 1,742 %, according
To the specifications hereuntO annexed, and
made II part of this libel, which said mas
ter, though requested, has not paid.
s5eeond=That all and singular the premi=
ses are true within the Admiralty and mar
itime Jurisdiction of this Honorable Court,
and that this libellant files this libel for and
on behalf of the Board of Health of the
Hawaiian Kingdom. Wherefore, this libel
liant prays that process, in due form of law,
according to the course of this Court in
cases of Admiralty and maritime jurisdic-
Iion, may issue against the said steamer
Madras, her tackle, apparel and furniture,
and that all persons having any interest |
therein may be cited 10 appear at a time and
place 10 be fixed by Your Honor and answer
this complaint, and that this Honorable
Court would be pleased to decree payment
Of the damages aforesaid, and that said
steamer Madras may be condemned, and
sold to pay the same, and for such other |
and further relief as may be just.
WALTER NJ. GIRsoN,
President of Board of Health.
June IL, 1888.
+. NJ. HATCH,
Proctor for Libellant
Order to attach the steamer Madras, for |