The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1884-10-01


in the Legislature Of the Kingdom as
sembled:
SECTION / Every person owing debts
TO the amount OF five hundred dollars who
shall refuse or fail to make payment of any
| OF his Just demands for ten days after the
same shall mature. or who shall depart the
Kingdom with the intent to hinder, delay
or defraud his creditors. or who shall Sc
crete himself. or keep his house to hinder.
delay. defraud or avoid his creditors, or to
hinder or delay the service of legal process
| for the collection OF any debts or who shall
make any fraudulent or secret conveyance
Of his property TO any person or persons,
or make any secret removal or other dis
position Of his property for the purpose Of
bindering, delaying or defrauding his ere
ditOrs, may, upon the petition to any jus
tice of the Supreme Court by any creditor
| TO the amount of two hundred and fifty
dollars. be declared bankrupt
SECTION 2. Any person owing debts to
the amount of five hundred dollars which
have not been created In consequence of
defalcatiOn as public officer, or executor,
administrator, guardian or trustee, or while
acting in any other fiduciary capacity may
file his petition verified by oath, before
any Justice of the Supreme Court and ask
to be adjudged a bankrupt, which petition
shall be heard and acted upon forthwith.
SECTION 3. Any petition to declare a
person bankrupt shall be verified by oath,
and state the act or acts of bankruptcy re-
lied upon, such petition shall be accom-
panied by bond, the penalty thereof to
be fixed in such a sum as the Justice may
think proper, which bond shall be cOndi
toned for the payment of all costs Of pro
ceedings and damages accruing to the
party petiuoned against IN case Of failure
to prove him bankrupt
SECTION l. Upon receiving such peti-
ton and bond as mentioned in Section B.
OF when any person shall be declared
bankrupt upon his own petition as provided
in Section 2. the Justice shall issue an
order to the Marshal of the Kingdom or
his Deputy. or to the Sheriff Of an island
as the case may be, to take possession of
the debtors store and counting house.
goods, chattels, property, books and papers
and hold the same until the election or ap-
pointment of an assignee or assignees.
Provided. however, that in all proceedings
where any of the property and effects of
the debtor ought. in the discretion of the
Justice. to be sold and that such sale
would be for the benefit of the bankrupts
creditors that the said Marshal or his De
putty or 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 Of
an assignee or assignees.
SECTION 5. After the filing Of the peti
ton and bond as providedin Section 3. the
Justice shall fix time for hearing the al
legged bankruptcy, and notice of such hear
ing and copy of the petition shall be
served upon the party petitioned against
SECTION 6. Whenever any person shall
be declared a bankrupt either upon his
own petition or that of his creditor or ere
ditors he shall Immediately file with the
Clerk of the Supreme Court a schedule of
all his creditors, with the amounts due
such creditors respectively which schedule
shall contain all secured and unsecured
accounts and if secured, the nature of such
security; he shall also file an inventory of
all assets including such as may be ex
empt by law.
Section Z. Upon the adjudication by
the Justice, of any person as bankrupt
the Justice shall order notice to be pub
hshed IN some newspaper, notifying the
creditors of such bankrupt to come in and
prove their claims before the-Justice upon
a day to be named in such notice. and
shall also cause the Marshal, his Deputy
or Sheriff as the case may be, or either of
them, to serve notices by mail upon the
creditors of such bankrupt of such meet
ing, and all creditors who have so proved
their claims on the day named in said
publication and notice, may proceed forth
with to elect one or more assignees of said
bankrupt estate as hereinafter provided:
and IN case of failure of the creditors to
elect an assignee or assignees on the day
named in said notice and publication, then
the Justice shall appoint an assignee or
assignees, who shall Immediately give
notice by publication ofsuch appointment
OF election
SECTION S. Any creditor may object to
the allowance or proof of any claim and
the hearingshall be had before the Justice,
and any creditor whose claim Is so object
ed to shall have no voice in the choice of
assignees, provided, however, that the ere
dltor or creditors making such objection
file an affidavit that such objection is bona
tide, and Is not made for the purpose of
deprlving the creditors objected to of hay
ing voice or vote in the election of assig
nees. Either party or the assignees may
take an appeal from the decision of the
Justice to Jury, upon complying with
the requirements IN regard TO appeals con-
tanned in Section 81
SECTION 9. Creditors NAV 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 be proved allowing discount for in
terests and all persons who are endorsers
or surety for the debtor, or who have de
mands against him as drawer or endorser
Of any note, or upon any other demands |
OF undertakings whatsoever, may be con |
sidered as 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 of an assignee or assignees as
the case may be, the Marshal. or his De
putty or the Sheriff OF the island where the |
may be situate. shall immediately |
deliver all property in his possession or /
under his control to the assignee or assip-
nees, and the election or appointment OF |
an assignee or assignees shall immediately |
vest all property real, personal or mixed
Of said bankrupt in such assignee or as
signees.
SECTION IL Claims shall be proved be
fore the Justice by the oath Of the credi-
tors, and to entitle any creditor to have
vote in the election of assignees. he must
drst prove his claim. All elections for as
signees shall be by ballot and no creditor
10 an amount less than one hundred dol
airs shall be entitled to vote A majority
n number and value of all the creditors
who have proved their claims shall be
necessary to elect an assignee or assignees.
and upon failure by the creditors to elect
IN assignee, the Justice presiding shall
appoint one or more assignees as he NAV
hink proper. The Justice may order the
lsslgnee or assignees so elected or an ]
pointed to give bond for the faithful per
ormance of his or their duty in such sum
IS he may deem sufficient
SECTION II The assignee or assignees
hall have full power in his or their own
lame or names to sue for and collect debts
lue the bankrupt, and also bring any suit
n his or their own name or names which
las for its object the recovery of any por-
Il