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

EEEoN AND DOLE, j..
0pmo ef The C9wT per Judd, c. j.
The declaration in this case Is as
fellows:
The plaintiff. John F. Bowler, of
Honolulu. in the Island Of Oahu,
claims Of the Board Of Immigration
rhe sum OF nine thousand dollars
for that on the o9th day of June,
4. D. 1857, the plaintiff and the
defendant agreed by charter party
~ copy whereof Is hereto appended
and made part hereof that the
plaintiff should. in his bark called
the haldtgug, whereof c. II. Hen
dersou was then and there master,
within 2 reasonable time thereafter
c2r-y from the port OF said Homo
lulu such South Sea Islanders whom
the defendant represented to be
three hundred adults in NUMBER
a the defendant might place on
hoard % said bark 10 their respect
fve homes in the South Pacific
Ocesu. aud should furnish the ne
cesSary water and fuel therefor /;
all 10 be done under the supervision
and 70 the satisfaction Of such agent
a. the Observation-Disclosures, who
should have = free passage in said
bark Il the South Sea, and return
10 sid Honolulu; and that the
defendant would pay 10 the plaintiff
the sum Of thirty dollars for each
such south Sea Islander except
children under TWO years Of age,
who were 70 be free received on
h1zrd the said bark at said Homo
lulu. upon satisfactory proof Of the
faithful fulfIlment by the plaintiff
- his part Of said agreement, and
that the defendant would furnish
al provisions for such people on
sheir said contemplated journey
home and pay 10 the plaintiff the
sum Of $4,000 TWO thousand dol
Izrs when three days at sea on said
contemplated voyage, the balance
x r. paid on receipt Of such Gov
eminent agent
That the plaintiff thereafter, and
within q reasonable time, prepared
his said bark for such agreed vOy-
are. and for the said carriage Of
said south Sea Islanders; and on
the 18Th day Of July thereafter ten
dered said bark 10 the defendant
for int purposes agreed upon q
aforesaid. and was ready and will
Ing T. perform his part Of said
agreement. and had done all things
necessary Oh his part 70 entitle him
- have such south Sea Islanders
placed On board OF said bark by the
defendant u be carried a. aforesaid,
bur the defendant absolutely refused
20 place any Of such South Sea Isl
zuders On board of said bark, or
otherwise t1periorm its part Of said
agreement, or 10 pay the plaintiff
the moneys agreed 10 be paid 10 him +.
- aforesaid, or any part thereof, 10 4
The plaintiff ; damage the said sum /
- nine thousand dollars.
And the plaintiff also sues the F.
defendant for the sum Of nine (
thousand dollars for that on or about I
the 2eth day Of June, i. D. 1887, /
tie plaiutiT and defendant agreed 1
together that the defendant would 4
snip and place OF board the said .
bark the EgI1tGlu, in the port of .
sid Honolulu, three hundred adult .
south Sea Islanders 10 be carried .
then On said bark 10 their respective 4
homes IN the south Pacific Ocean I
Tor the sum Of nine thousand dol /
.ars. ana TIE plaintiff was ana ever
has been ready and willing to per-
form his said agreement; but the
defendant absolutely refused 10
czrrE uUt Is part Of said agree
me1-. - 10 pay said sum or any 4
-srt thereof 10 the plaintiff : dam
zre IL the sum Of nine thousand .
dollars.
Which said agreement the plain
iii saws that the defendant was by
the laws Of this Kingdom author
led 10 make.
Ans the plaintiff says that said
refusal on the part Of the defendant
.rzs in oontravention Of his private
rights under the law.
Ceuu of ErfiJt a1meEed to the De-
c7GrGtiOT.'
This Indenture made and entered 4
into this <wenty-ninth day Of June,
4. D. Eighteen Hundred and
EiEh1y-Seven, by and between John
r Bowler. owner. and c. II. Hen
Sers1n. master. respectively, Of the
.araue KaJaEsta, now lying in the
11rt OF Honolulu. parties Of the first
1zr1. and Luther Aholo, His Ha-
rziizn AIaiesty's Minister Of the
Interior and President Of the Bureau
4 Immigration and his successors
IN once party Of the second part.
WitnesSeth -
That for and IN consideration of
he covenants and agreements here
usner mentioned 10 be paid, kept
nd performed by the party Of the
second part and his successors in
nee the parties Of the first part,
=, -1,a 10