The Hawaiian gazette., 1888-02-14
Supreme Court OF the Hawaiian ISL
ands- Special Term. February. 1888,

op.4.on o7 il,s CONT PR JUDD, C.J
Mr.. Just5e. Dole. di>>safisg.J
During the January Term, 1888,
application was made to the Justices
OF the Supreme Court for Writ of
Mandamus. Following Is the peti-
ton:
The undersigned Thomas W Ever
EFT OF Wailuku in the Island of Maui,
respectfully represents unto this hon
orabie Court as follows. to wit:
u That be Is the Sheriff of the
said Island OF Maui. duly appointed
and commissioned, and il the dis
charge of the duties OF said Office.
t2l That the above named defend
ant. Robert Hoapiii Baker, was prior
70 and during the thirty first day of
December. 1881 the duly commis
stoned Governor OF the said Island of
Maui. aud n the discharge of the
duties. and IN possession Of AL books
and records Heretofore and then
preserved H. and as a part of, and
belonging To- tine said Office of Gov
ernor.
t3 That 10y virtue Of statute
passed by the Hawaiian Legislature
at Its extraordinary session IN 1887,
entitled An Act TO provide for the
discharge Of certain duties heretofore
performed by the Governors of the
different islands, it became the duty
Of the defendant to transfer and de
liver 10 the Sheriff Of the said Island
Of Maui certain records of the office
Of said Governor of Maui. to wit, the
records relating 10 the admlnistra-
aon of oaths and the taking of depo-
sitions. the selection and construction
Of pounds ana the appointment and
removal Of poundmasters; the certl-
fcauOn of impressions Of brands and
marks: the control, preservation and
disposition Of wrecks and wreckages;
the shipping and discharge of sea
men. and the testing certitication of
weights and measures.
a. That demand has been made
upon the said defendant at divers
times since the thirty-hrst day Of De
cember, 1887, to SO transfer and de
liver to this plaintiff the records
aforementioned, but that the said de-
fendant utterly neglected and re-
fused. and doth still, although SAID
records are now retained by him the
said defendant, neglect and refuse to
transfer and deliver the same or any
thereof to this plaintiff.
l5.l That plaintiff Is advised and
believes that the possession of said
records, 10y his plaintiff, Is necessary
TO the due administration of the
duties of his said Office. and if plain
tiff should be confined to the ordinary
legal forms fCr the purpose of obtain
ing the custody of such said records,
the slowness Of such ordinary legal
forms would be likely to produce
such delay that the public good and
the administration Of the law would
suffer therefrom.
Wherefore the plaintiff prays that
there Issue out of and under the seal
Of this honorable Court an alterna-
tive Writ of Mandamus. to be di-
rected to the said defendant Robert
HoapiG Baker. commanding him.
within certain time to be therein
named. to transfer and deliver to this
plaintiff the records aforesaid. or that.
IN default of such delivery, he shall
show cause TO this honorable Court,
at a time to be ia said writ specified,
why a peremptory Writ Of Mandate
should not issue against him, per
emptorily commanding him to trans
fer and deliver the said records to
this plaintiff: and that ia default Of
defendants showing such cause, such
Peremptory writ as aforesaid may is
sue to and against said defendant