The Hawaiian gazette., 1890-08-26


such proceedings were thereafter
had in the said action; that deei
sion was made granting the relie
prayed for in said action by tbs
plaintiffs therein, the defendants il
this aetlon.
Wherefore your petitioner prays
that this honorable Court make lis
decree.
| /. Decreasing that the said sum 0i
twenty seven thousand dollars Is
ehsrgeSble upon the premises in this
petition described.
? That your petitioner for and IN
behalf If the King and the people OF
the Hswaiisn Islands Is entitled To
have and recover the said sum oi
twenty-seyen thousand dollars, or as
much thereof as may be realized
from q sale of the said premises.
3. That IN equity hen exists ID
favor Of your petitioner upon the
said premises
L 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 IS Minister of FL
nance of this Kingdom, after deduct
ing costs and expenses Of said sale,
the sum of twenty-seven thousand
dollars, AID 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.
8. That it may please this honor
able Court to order process 10 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 tled;
The joint and several answers,
by leave of Court herein had
aud obtained of A. J. Cartwright,
trustee of the estate of the late
Emma Kaleleonalani, aud Charles
r. Bishop, S. VI. Damon, c. NJ.
Cooke, c. NJ. Hyde, and J. .. 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 NJ. 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:
Ist That they admit that the
late Queen DOwager Emma kale
IeonaIani and the late Bernice
Pauhi Bishop were the only heirs
of the estate of HIS Majesty the
late King Kamehameha ", as in
said bill OF complaint alleged.
End. That they admit the enact
ment by the Legislature of the act
set forth in the fifth subdivision of
said bill of complaint, but say that
/ the bonds therein mentioned were
authorized to be issued to the Com
missioners of Crown Lands, and
the payment of the same was made
3 charge upon the revenues of the
/ Crown lands;
3D. That they admit so much of
/ the sixth subdivision of said bill Of
complaint as sets forth the real
estate not sold for the purpose of
paying debts Of his late Majesty
Kamehameha ", but do not adj
NIT that portion of said subdivision
six which alleges that said prem
ises so described were held and be-
lieved to be part of the Royal
domain, and not part of the estate
of His said Majesty Kamehameha
" and deny the same to be true.
4th. They admit the seventh,
eighth and ninth subdivisions of
said bill of complaint They deny
the then Minister of Finance be-
Iieving all the private property of
the estate of His said Majesty Ia
mehameha ". had been sold, issued
the bonds OF the Hawaiian Govern
ment to the sum of s27, 900, and
paid the sum realized from said
bonds to various persons then hav-
ing liens and mortgages upon the
Royal Domain, and extinguished
and released the same; and say that
bonds to said amount were issued
to the Commissioners OF Crown
Lands as loan, upon the security
Of q charge upon the revenues Of
said Crown Lands;
9Th. They deny the eleventh subdi-
vision Of said bill OF complaint, and
aIlege and say that the mortgage
therein mentioned was paid by the