The Hawaiian gazette., 1884-10-01


B. It Enacted by the King and the Legs
lative Assembly 81 the Hawaiian Islands
in the Legislature OF the hlnston a.
-cnbled:
Sp-riox l. Every person owing debts
q, the amount Of i've hundred dollars who
Shail refuse or fail 70 make payment OF any
I ~ his iuSt demands for ten days after the
same shall rnaiure. or who shall depart the
Kingdom with the intent 70 hinder. delay
| ~ tiefrurd his creditors or who shall So
! ,.r,tn himself. OF keep ms house 70 hinder
DELAY. defraud or avoid his creditors or 70
hinder or delay the service 81 legal process
~ the collection Of any debts or who shall
mike any fraudulent or secret conveyance
Of his property 10 any person or persons
1r make any secrvt removal or other dls
position Of his property for the purpose Of
4 biuferinr. delaying or defraUdlng his ere
ditorS. may, upon the petition 70 any Jus
toe OF the supreme Court by any creditor
10 the amount Of two hundred and hfty
dollars. be declared bankrupt
SEcriuN >. ANY person OWING debts 70
tho amount of i've hundred dollars winch
have not been crested IN consequence Of
dedication a. a public officer, or executor,
administrator. guardian or trustee, or while
acting IN any other 6duciary capacity may
10 Eis PETITION verified by oath. before
any Justice Of the Supreme Court and ask
10 b. adjudged a bankrupt, which petition
stall lie heard and acted upon forthwith.
SgcToN 3 ANY petition 10 declare d
ru.-s1r bankrupt shall he verified by oath.
ana state the act or acts Of bankruptcy re
lied upon. such petition shall he accom-
panied hy a bond. the penalty thereof 70
H. fixed in such a sum as the justice may
think proper. which bond shall be eondl-
toned Tor the payment Of al costs Of pro
Greetings and damages accrulns u the
partv petiuuned sgainst IN case Of failure
IL prove him bankrupt
SEgrlCS 4 Upon receiving such ret-
ton and bond a. mentioned IN Section &
on when any person shall b. declared
bankrupt upon his own petition Is provided
IN section ,. the Justice shall issue an
order 70 the Marshal of the Kingdom or
bis Deputy. or to the Sheriff OF an island
a. the case may be. 70 take possession Of
the debtors storp and counting house.
goods. chattels. property, books and papers
and hold the same until the election Or ap-
r,1futrneut OF an assignee OF assIgnees.
Provided. however. that IN al proceedings
where any Of the property and effects OF
the debtor ought. IN the discretion OF the
Justice. % H. sold and that such sale
would b. for the benefit OF the bsukrupt's
creditors that the said Marshal or his De
putv OF the Sheriff as the case may be,
Shall. upon the order Of the Justice sell
The same and hold the proceeds Of such
sale. until the election or appointment q
an assignee or usslgnees.
Srrrf5x ). After the fling Of the peti
ton and bond a. proyldedln Section 3. the
Justice shall fix q time for hearing the al
legged bankruptcy. and notice Of such hear
ins and copy Of the petition shall he
served upon the party petIuoned against.
SEcrroS g. Whenever any person shall
H. declared a bankrupt either upon his
own petition OF that Of his creditor or ere
diturs he shall Immediately file with the
Clerk Of the Supreme Court a schedule Of
an his creditors, with the amounts due
such creditors respectively which schedule
shall contain all secured and unsecured
accounts aud If secured. the nature Of such
security; be shall also iile an inventory Of
an assets including such a may he eN
empt by law
SEcrIoS = Upon the adjudication by
the Justice. Of any person as bankrupt.
the Justice shall order a notice TO he pub
lished IN some newspaper, notifying the
creditors Of such bankrupt to come in and
prove their claims before the Justice upon
a dsy to he named IN such notice, and
shall also cause the Marshal, his Deputy
or Sheriff ss the case may be. or either Of
them. 10 serve notices by mail upon the
creditors Of such bankrupt Of such meet
in-. and all creditors who have 80 proved
their claims On the day named IN SAID
publication and notice, may proceed forth
with 70 elect one or more ssslgnees OF said
Bankrupt estate a. hereinafter provided;
and II case Of failure Of the creditors to
elect an assignee or assignees on the day
named IN said notice and publication. then
tho Justice shall appoint an assignee or
assiSuees, who shall Immediately give
notice by publication ofsuch appointment
1r election.
SEcrrox :. Any creditor may object to
the allowance or proof Of any claim and
the hearingshau be had before the Justice,
and any creditor whose claim l. 50 object
I ed to shall have no voice In the choice Of
| assirnees. provided. however. that the ere
| iitor or creditors making such objection
/ fle an affidavit that such objection Is bona
tide. and i not made for the purpose Of
depriving the creditors objected 70 Of hay-
1 ing voice or vote In the election Of assig
mes Either party or the assignees may
take an appeal from the decision Of the
Justice to a Jury, upon complying with
/ the requirements II regard % appeals con-
tanned in Section II.
SECrIoN . Creditors may prove their
claims at any time before the discharge Of
the debtor. but shall participate only In
such dividends as may be declared after
the proof Of their CLAIMS Debts not due
may b. proved allowing a discount for in
terest, and al persons who aru endorsers
or surety for the debtor or who have de
mands against him a. drawer or endorser
Of any note, or upon any other demands
or undertakings whatsoever. may be con
sidsued a. creditors provided that the bill.
bond note or other contract BE- made be
fore bankruptcy and that the debt de
manded shall become absolute before the
final dividend Of the bankrupt estate
SECTION 10 Upon the election or ap-
pointment q an assignee or assIgnses as
the case may be. the Marshal. or his De
putty or the Sheriff Of the island where the
property may be situate, shall Immediately
deliver all property N his possession or
under his control 70 the assignee or assig
nees. and the election or appointment Of
an assignee or assignees shall Immediately
vest all property real. personal OF mi1ed
II sand bankrupt IN such assignee ~ as
siEnees-
Section IL Claims shall be proved he
fore the Justice by the oath Of the credi
tors. and 10 entitle any creditor TO have
vote IN the election Of assignees. be must
first prove his claim All elections for a.
signees shall be by ballot and no creditor
10 an amount los than one hundred dol
lars shall be entitled 10 vote A majority
in number and value uf all the creditors
who have proved their claims shall b.
Necessary to elect an assignee or assi-nee-.
and upon failure by the creditors to elect
an assignee. the Justice presiding shall
appoint one OF more sssignees a. be may
think proper. The Justice may order the
assignee or zssiEnees % elected OF ap-
pointed to give bond for the faithful per
f1rmance q bis or their duty in such sum
a. be may deem sufficient
SECTION T. The assignee or sssignees
shall have fall power In his or their own
name OF names 70 sue for and collect debts
due the bankrupt. and also bring any suit
II his or their own name y names which