The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-04-05
COURT NOTES.

Judge Cooper has without pre-
judice denied the application of
Mrs. Sinette McGrew to be allowed
to visit her husband. This deci-
sion is probably based upon pro-
fessional certification of one Of the
local doctors.
S. K. Kane on behalf of M. Pola-
pola has filed a motion that de-
PENDANT Maria K. Carr's appeal in
an equity suit for setting aside a
deed be dismissed, for want of pro-
secution by her attorneys.
In the matter Of the estate of A.
A. Corniot Judge Whiting has APP
pointed the clerk, Henry Smith,
an appraiser to appraise the value
of piece of real estate situate in
Honolulu. This is the first estate
upon which an imposition of Gov
eminent duty must be made in
accordance with law passed by
the Legislature at the session of
1892, which provides for the impo-
sition of duties upon legacies which
60 to benefciaries outside of the
family of the deceased. In this
matter the Government will reap
something like $1,000 for duties
upon legacies provided in the will
of the testator.
Isaac D. Iaea, deputy tax as
SCISSOR of Eva and Waianae, has
been sued by Kapuakela (w.) who
prays for the setting aside of a
deed alleged to have been procured
by fraud and conveying land stu
ate in Eva on this island.
A discontinuance has been filed
by plaintiff in the Cartwright di-
vorce suit, and the injunction
served upon defendant is thereby
abated. 1t is understood that a
mutual deed has been effected be-
tween the parties which insures to
the plaintiff the use of the home
stead and a certain allowance in
money. The deed was made and
acknowledged on the 31st of last
month.
In the matter of the bankruptcy
of T. Ahung the following consti-
tutional question has been raised |
by counsel for the bankrupt:
And now comes the said T. Ahung,
H0fQ n6onf in fhnGa rrNR0oHinpa anH
submits, and says that there is not
and has not been presented or filed
herein any charge of criminal offense
cOgniZable by the law of this country,
and that the facts found by the Judge
of the Circuit Court herein on March
8, 1893, are not warranted by and are
not alleged in the complaint made
against defendant, upon and in respect
of which said defendant was arraigned
and tried herein. And defendant fur
Their submits. and says that the Act of
the Legislature under and in respect |
of which this prosecution has been |!
to wit, Section of Chap |
ter % of the Laws of 1888, is unconsti- !
tutiOnal and void. Wherefore said |
defendant prays that he may be hence |
dismissed without day.
It appears, by the proceedings of
the Court, that said I. Ahung was
a bankrupt, and was
cited to appear and answer to GER
tain questions propounded by the
assignee touching his business af-
fairs and certain entries in the
books, and the bankrupt failing to
give answers thereto, he was COM
mitted to prison by Judge Cooper,
hence his appeal, which has been
pending for about a year. This
matter will be moved on for hear
ng this morning before the SUI
oreme Court upon the following
questions reserved by Judge Cooper
This cause having come on to be
heard on the plea filed on behalf of
aid t. Ahung, L have reserved for the
of the Supreme Court
he following questions of law raised
~ said plea:
l. Is Section 7 of Chapter %, Laws
# 1883, unconstitutional?
2. Can Circuit Judge commit a
bankrupt to prison on a hearing for
he purpose of examining the bank
upt, and on such proceedings as were
held in this case, without presentation
# a criminal charge?
3. Do the facts found warrant the
Commitment on the complaint filed in
aid case, and does the complaint filed
the finding made?
F. M. Hatch appeared for J. F.
the assignee, and G. w.
Ashford for the bankrupt.