The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-09-03

EFroEx -vrp g.. M'CCr11. PRESTON, KICKER
roS AM DoIE. -.
OpRfaa or ths C2iE-. PR AcCtaty J.
The Acknowledgement, April 20,
1850. filed a libel ana complaint
against the American merchant
hricantine ..Con>uelO," then lying
in the port Of Kahului, Island Of
Maui, whereof J. I. Robertson was
master. etc, ami against all persons
lawfully intervening, charging that
this vessel arrived within this King
dom ST the port of Kahului. on
the SIS. Of April, on voyage from
San Francisco, and entered ar the
Custom House in hahului.
That 81 the time of her arrival
there was contained on board three
hundred tins OF opium, about one
hundred and fifty pounds, land
thAt the said opium was then and
there concealed in q certain secret
and disguised place constructed in
sid briSantine. 10 Wit, in q secret
ami hidden pit and box beneath
floor o. the laEarst and near the
radder-pOSt, Of said brigantine."
Thar the said opium was not
legally brought into the Kingdom,
and praying that process Issue and
that the vessel and the opium De
seized and decreed forfeited for the
Use Of the Hawaiian Government,
etc
The seizure WAS made Is prayed
for. Before Mr.. Justice McCully
in Chambers. Mr.. a. :. HarIweIl,
pro&Ur- for respondents submitted
the following:
Dsulrrgr % the Ibid
The Oceanic Steamship Company,
foreign corporation incorporated
ana existing under the laws Of the
State Of Calitoruia. United States
OF America. - sole owner and
claimant % said American brigan-
tine COu>ueIO.' intervening 10
the libel and complaint Of the Ha-
yyaiian Government, by Clarence w.
Ashford. Acknowledgement Of the
Kingdom. aEainS. said brigantine
and ali persons lawfully interven-
ing for their interests therein, by
p1ossScatiou, not cOnfeSsing OF SC
knOwledgIng any Of the matter aud
things IN the Iibellant's said libel
and complaint contained, 10 be true
IN S1ch manner Snd form IS the
same are therein snd thereby al
legged, demurs 20 said libel sud
complaint snd for causes Of dem1r-
reC says:
= TEzt by the lSEs OF the HS-
EziiSa Islands IL doth not pertain
% this honorable Court, nor is il
within the eogniESlce Of this Court
81 sll, 70 interfere respecting the
said brigsntine, her boats, tackle,
SppSrel Or furniture, nor 10 con-
denn the same or any part thereof
s. forfeited 70 the use Of the H2-
EziiSa Government.
= That by thc laws Of the HIS
wziIzn Islands said libel and con-
plsint and the matters therein con-
tanned. IN manner aud form ~ the
sane 7-e therein stated and ser
forth. are not sufficient 10 work s
forfeiture q OF 70 enable this hon
o-Sble Court 20 Condemn - forfeited
% the E>e Of the Hawaiian Govern
ue1-. sid brigantIne, her boats,
tackle sppGreI O furniture.
3 Inst Section 8 OF Chapter VII
o. the session Laws Of 1856, Ell
ciIed s. IN ACT supplementary 70
Article 3. Chapter ". q the Civil
Code, and approved the 18th day
OF July, A-D. 1855, and particu-
Isriy that part q said Section which
reads .sznd SII ships OF boats euEl-
ing into shy port Of this Kingdom,
having opium OF board concealed
IN false b1Ikhe2is, false bows,
double sides o. bottom, o. in zny
sesce. @ disguised plzCs whztSl-
ever. constructed II such ships or
boats. snail &c forfeited" i in eo1-
6ics With the provisions Of Chapter
LNNIII. % said Session Laws OF
1855, entitled - An AcG 70 regulate
the importation z1d sale Of opium
IN this Kingdom" and approved
the I5sh day q Oct0ber, A-D- 1885,
Sr6 : also UncurditiOuaLIy repealed
By SeetiCu : q said list shove men-
toned Act
Z That there l. not u0E IN f0cEs
zuy Law q the Hawaiian Island.
whereby this Court can or ought %
pruuoUnce IN fsy0r 0f said libel and
complaint Or decree i forfeiture 81
sid dCiEzuti1s- her boats, taekIe,
apparel q furniture for Or b rez-
sou q alyQf the matters and things
IN sid libel and complaint stated
a1i - f1-Lh-
: That said libel and complaint
i IN ether respects uncertain, in
foruL s11 IuSufzcIeut-
Wherefore the respondent przys
that sid LIteL Be dismissed. thGr is
Be aLI0Eed u 60 without day, that
Il hzve is rea-o14hGe eusts herein
uost gru1gfully sustained thai its
bad herein fled and given for 90
raInInz the Ee1ease Of sad bcfzzn-
tfre BE- Cancelled ard that this hon