The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-08-21
Continued from page IL

jesty the late King Kamehameha
~. by way of descent, and that such
proceedings were thereafter had in
said action, that the defendant, G. r.
Bishop, and one R. w. Meyer, were
thereafter and upon the decease of
the said plaintiff Ruth Keelikolani
substituted as plaintiffs in her place,
and that thereafter this Honorable
Court rendered its Judgment therein
against the Crown Land Commits
sioners and in favor of the plaintiffs
for the restitution and possession of
the undivided moiety of said prem
ises.
Is. That after the issuing of said
bonds and the payment of the said
sum OF twenty seven thousand dol
lars by the then Minister of Finance,
to-wit, on the 9th day of March, A.
ID. 1888, the defendants herein com
menced their certain action in this
honorable Court, and filed their COM
plant therein against the Crown
Land Commissioners,praying among
other things that this honorable
Court make its decree, decreeing that
said defendants therein, the Crown
Land Commissioners convey all their
right, title and interest in and to the
premises hereinbefore described to
the plaintiffs therein, the defendants
in this action, and that the said de-
PENDANTS in this action be put in pos
session of said premises; and that
such proceedings were thereafter
had in the said action; that a deci-
sion was made granting the relief
prayed for in said action by the
plaintiffs therein, the defendants in
this action.
Wherefore your petitioner prays
that this honorable Court make its
decree.
/. Decreeing that the said sum of
twenty seven thousand dollars is
chargeable upon the premises in this
petition described.
2. That Your petitioner for and in
behalf Of the King and the people of
the Hawaiian Islands is entitled to
have and recover the said sum of
twenty-seven thousand dollars, or as
much thereof as may be realized
from a sale of the said premises.
3. That in equity lien exists in
favor of your petitioner upon the
said premises.
4. That said premises be sold in
such manner as this honorable Court
may direct, and that out of the pro-
ceeds of such sale there shall be paid
to your petitioner as Minister of FL
nance of this Kingdom, after deduct
ing costs and expenses of said sale,
the sum of twenty-seven thousand
dollars, and that the surplus, if any,
arising from such sale be paid to the
defendants herein.
5. That your petitioner have such
other and further relief as may be
meet in the premises and consistent
with equity.
6. That it may please this honor
able Court to order process to issue
summoning the said defendants to
appear and answer this petition at
such time and place as the law of
the Kingdom and the practice of the
Court directs.
The following answer was filed:
"The joint and several answers,
by leave of Court herein had
and obtained of A. J. Cartwright,
trustee of the estate of the late
Emma Kaleleonalani, and Charles
r. Bishop, S. NJ. Damon, c. M.
Cooke, c. NJ. Hyde, and J. 0. Car
ter, trustees of the estate of the late
Bernice Pauahi Bishop, substituted
defendants to the bill of complaint
of the Hawaiian Government, sub
stituted plaintiff in the place OF
John M. Kapena.
"These defendants now and at
all times hereafter saving and re-
serving to themselves all manner OF
benefits and advantage of exception
to the many errors and insufficient
cies in the bill of complaint con-
tanned, for answer thereunto say,
or unto so much or such parts
thereof as these defendants are adj
vised is material for them to make
answer unto, they answer and say:
1st. That they admit that the
late Queen Dowager Emma Kale.
Ieonalani and the late Bernice
Pauhi Bishop were the only heirs
of the estate of His Majesty the
late King Kamehameha ~, as il
said bill of complaint alleged.
End. That they admit the enact
ment by the Legislature of the act
set forth in the fifth subdivision O
said bill of complaint, but say that
the bonds therein mentioned were
authorized to be issued to the Com
missioners of Crown Lands, anC
the payment of the same was made
a charge upon the revenues of the
Crown lands;
Sd. That they admit so much o
the sixth subdivision of said bill o
complaint as sets forth the rea
estate not sold for the purpose o
paying debts of his late Majesty
Kamehameha ", but do not ad
NIT that portion of said subdivision
six which alleges that said prem
Uses so described were held and be
lieved to be part of the Roya
domain, and not part of the estat
of His said Majesty Kamehameh;
", and deny the same to be true
4th. They admit the seventh
| eighth and ninth subdivisions O
said bill of complaint. They den.
the then Minister of Finance be
lieving all the private property Q
the estate Of His said Majesty ka
mehameha ". had been sold, issue
the bonds of the Hawaiian Govern
ment to the sum of S27 900, an
| maid tho ann, realized from sal