The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-02-18

In the Supreme Court of the Ha.
Waiian Islands.
At Chambers.
In the Matter Of the Bankruptcy of
Hamilton johnson.
BEFORE BICKERTON, ].
DECISION.
BEFORE BICKERTON, ].

This is a motion of the bankrupt
to exempt certain articles and chat
tells under section II of chapter 35
Laws of 1884, which is as follows:
The bankrupt shall be Invested of
all his title and interest in his prop
erty from the day of his failure Tex
cept the necessary clothing of him
self and family and such other
necessaries not to exceed the value
of three hundred dollars as the JUS
tice may designate"
It is contended that the limit of
| three hundred dollars only applies
to articles outside and Independent
of the necessary clothing of himself
and family. l do net so under
stand the law. [ hold that the law
means that the clothing and such
other necessaries together and as a
whole shall not exceed the value of
three hundred dollars, and that it
may be as much less as the Justice
may order, he being guided by the
circumstances of the case. This
statute is evidently intended to pro-
vide for families who may of neces-
sity be keeping house, SO that they
may not be entirely Invested of their
necessary clothing, and what may be
necessary for them in the way of
furniture, etc, ETC.; it is not an ex-
emption by right, and must be con-
trolled by circumstances.
The bankrupt's family consists of
himself and wife, they now being in
the employ of the Hawaiian Hotel
Company, and not keeping house for
themselves.
aThe household effects, such as
furniture, etc, ETC., now in posses
sion of the assignee, We're used
by the bankrupt IN carrying on
his business as hotel keeper or lod-
ging house keeper, and were his
stock in trade as much as the general
stock of any store keeper. The credi-
tors are entitled to all the assets ex-
cept what may be absolutely neces-
sary for the use of the bankrupt.
The bankrupt has no right to a lot of
articles which he may turn into
money; directly they are, by an order
Of the Court, made exempt and re-
leased. From the evidence of the
bankrupt himself, I find the value of
his own and his wife's clothing, now
in their possession, to be about $40,
which would seem to be a low est
mate; and the value of his wife's
jewelry to be about $40, and his own
about 500, total, $3.50. The said
jeWelry is not in the possession of
the assignee, but is held by the bank
rupt and his wife. / therefore have
to decline to order the release of any
of the articles named in the list filed
with the motion.
A motion was made at the same
time as the above, on behalf of Mrs
johnson, the bankrupt's wife, claim
ing the exemption of a long list Of
articles as being her own separate
property, some acquired before the
Act of 1888 relating to the property
and rights Of married women" and
some after that Act became law, they
being now held by the assignee as
assets Of the bankrupt estate. l do
not find anything in the bankrupt
law which gives me jurisdiction in
this matter It is not claim of the
bankrupt himself. If Mrs. johnson
has a claim against the assignee for
goods wrongfully held by him, and
he refuses to recognize it, she will
have to sue him In the same manner
as any other person would have to do
under similar circumstances.
After the hearing In this matter,
the assignee and Mrs johnson filed
an agreement to submit this claim to
me as an arbitrator This l cannot
consent to. There is quite an i'm
pOrtant question involved under the
Act OF 1888, and, as a Justice Of this
Court, l would not be willing to pass
on it except in my judicial capacity.
This agreement does not conform to
the requirement Of the statute which
provides for the settlement of dis
putes by arbitration. Comp. Laws,
PIP. 271 to 273l. A submission on a
case agreed is also open to the par
ties.
j. NJ Davidson for bankrupt and
wife; f. NJ Hatch for the assignee.
Honolulu, February 9, 1892