The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-03-19

free for each and every South Sea
Islander received on board the
barque at Honolulu upon Satisfac-
tory proof Of the faithful fulfilment
Of the terms of this contract and
viii furnish all provisions for the
I people on their contemplated Jour
ney home; and the party of the
second part hereby agrees to pay to
the parties Of the first part the sum
of two thousand dollars 80, OO0)
when three days at sea, the balance
to be paid on receipt Of Government
agent
In witness of the above the par
ties hereto have placed their hands
and seals the day and year first
above written.
Signed LUTHER AHoLO,
II. II. NJ. Minister of Interior and
President Of the bureau Of In
migration.
Signed JOHN T. BOWLER,
c. II. HENDERSON.
To this the Acknowledgement, on
behalf of the Board of Immigration,
demurred. The Court below, Mr..
Justice McCully, sustained the de
murrer, and it now comes to Us by
appeal.
By THE CoURT:-We find many
reasons why the demurrer should
be sustained:
lSt The written contract an
nexed 10 the declaration shows that
Henderson, Hmaster of the bark
haJakGuo," was 4 party 10 il, be-
sides the plaintiff as owners and
there is nothing TO show that this
Is not a joint contract BY the rules
Of pleading, joint contractors should
Join in the suit.
I'd. The written contract is not
that of the Board of Immigration.
1t is 10y l. Aholo, Minister of In
terror and President Of the Board Of
the Board Of Immigration. 1t no
where appears in the contract that
the Board authorized or made the
contract; it is not one Of the con-
tracing parties. It appears 10 be
the contract of the Minister of the
Interior, who describes himself as
President of the Board Of Immigra-
ton.
It Is contended by plaintiffs
counsel that the second count states
a complete cause Of action against
the Board independent of the
written contract We find that the
second count does refer to the first,
for the description of the vessel in
the second Is in these words: his
said bark the K'alaEaue." If the
plaintiff should proceed to trial, it
must come out in evidence that the
oral agreement had ripened into 4
written contract, and the plaintiff
would have to abandon the second
count. The written contract, being
q part Of the declaration, is brought
TO the notice Of the Court.
Sd. There is no covenant on the
part Of the party with whom plain
tiff contracted TO put three hundred
or any number Of South Sea Island
ers on the vessel. The contract
appears to Us to be an eXecutory
agreement. and does not bind the
party with whom the plaintiff con-
tracted TO pay the passage money
Of three hundred Islanders for
which he sues.
4th. Since this contract was
made the Legislature has repealed
the statute creating the Board of
immigration, and has enacted pro-
visions for the appointment Of a
new Board. See Acts of 1887,
Chap. VIII.
The Board with whom the plain
tiff says he contracted was dissolved |
by the repeating statute, and the |
Board now sued is not the Board |
who 1t Is alleged made the contract /
The Board is sued in this 6eclar- |
alton by its name as if it were a |
and sueable by the cor |
porate name. Ii is not a corpora |
ton. But 1t Is claimed that it is a
by implication. Upon |
the authorities cited below, We are
Of opinion that the Board, having |
certain duties delegated to it by |
law, possesses some of the incidents
Of a corporation, that is, their Off
cial acts within the scope Of their |
authority bind their successors. But |
the individuals forming the Board |
should be named in the declaration, |
and, in this case, the declaration
should state who the Board were
1t the time the alleged contract was
made. The cases are:
Jansen rs. Ostrande, 1 Cow, 679. /
Horton rs. Garrison ct a., %
Barb, I76.
Williams rs. Eeeeh Ct a., ! Hill,
los; and
GREEN'S Brfcs's Ultra Tires, PIP.
p and %.
But there being a new statute,
and the present Beard being ap-
pointed under it, the liabilities in
eurred by the previous Board do |
lot attach TO them-there being
,o4b;1r- J., +T,a -+o%r,+a =, T,7ol-1 +f,;s 1