The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-05-18

sponsive to The charge.
/ OPINION OF THE COURT BY JUDD, CO.
On the I4th Msy 1892, T. Ahung,
q trader IN Honolulu, was adjudicat
ed a bankrupt on lis own petition
sud J. I. Hackfeld Was elected and
qualified as his assignee. On the
29sh June sworn petition WAS filed
by the assignee claiming that the
bankrupt had fsiled to deliver him
his cash book, the ban krupt claiming
that he kept no cash book, although
he did keep other books of account,
and that the petitioner had reason TO
believe that the bankrupt with intent
10 6efrsui his creditors, hsd made
fraudulent gifts of his properly.
/ The assignee prayed that the bank
rupt might be summoned to appear
before q Judge of the Supreme
COuri to answer su h interrUgatories
a. might be put to him ard to show
cause why he should not be impri
soued as q fraudulent bankrupt IN
der Sec. I, Cnsp. y Laws of 1883.
An order was made for q summons
to issue returnsble on the 5th July,
1892
No proceedings were had on this
matter until March Z, 1883, when 1t
was proceeded with before a Judge
Of the Circuit Court First Circuit.
The bankrupt appeared and by eoun
sci declined to be subjected to 81 *
animation on the ground that the
statute Of 1888 was unconstitutional.
The objection was oSerruled pro
J0rmG and evidence was introduced
The bankrupt refused to testify sud
was not compelled to do so. EVi-
dence wss taken. The Circuit Judge
held on the evidence that within
three years before the commence
uent Of the bankruptcy OF I. Ahung
aud at the time OF fling his petition
he had failed to keep usual and
reasonable books and sccOunts set
ting firth truthfully the state Of his
business transactions. and within the
said time with intent to conceal the
true state Of his affairs wIllfully
omitted to keep proper books or &C
counts and had vIOlsted the prOvis
ions Of the Act If 1883 aud senten-
ced him to be impusOle ed at hard
labor for the term of five mouths.
An appeal was noted and the bank
rHpr admitted 10 bail. Tue Circuit
Court, IN appeal, reserved the follow |
Iug questions for cur determination. |
~ L Seton 7 Of Chapter - |
Laws of 1858 unconstitutional!
% Can Circuit Judge commit q |
bankrupt TO prison on a hearing for
the purpose Of examining the bank |
rupt, aud on such proceedings Is
we're held in this case, without pre-
sentstIan Of criminal charge:
81 Do the facts found warrant |
the cgmnitmeut on the complaint
fled in the said case, spd does the
complaint warrant the fLding madei
The Section referred to reads as
follows: If any bankrupt has com
mltted any Of the Offences herein
after enumerated, toe Court may at
the examination OF the bat krnpt, or
on the hearing Of the application for
his discharge, by order under seal IF
the Court, bdiudged said bankrupt
10 b. imprisoned for any term not
exceeding SIX months, with or Eith
out hard labor, hat Is to say, II the
bALkrupt-" does or fails to do
certain enumerated acts, eight 10
among them being 81 that
ns Has with the intent 10 conceal !
the true state Of his affairs Will'uily
omitted 10 keep at suy time proper
b oks or accounts; or (il Has with
IN three years before the commence
neut Of the bankruptcy failed to
Keep usual aud reasonable no, Il aud
accounts setting forth Faithfully the
.tate u bis business transactions
The fret question for our decision
= whether this statute IL uucOusti
Cluusel for the bar krupt
--lie- upnu Urited States v Fox, l95
u ) 610J Ia this case the defend
rot Fox was indicted in the ID strict
IourJ u the United States fur tie
,f-uce described IN the Revised
) atute- 60 subdivision Of Sec. 5l32l
; hich provides that every person
'e-pec ing whom proceedings in
bankruptcy are commenced, either
ipOn hi osn petition or that OF
.redif0r," who within three mouths
,.-for- their murucrment ~under
he false color aud pr~'-nee OF carry
az on business, and dealing ia the
Irdinsry cour-e OF trzde, obtains on
r-dit from any person any gods or
haitals with intent 10 defrAud"
hall be punished By imprIzOnm-Bt
or a period not exceeding three
ears