The Hawaiian gazette., 1894-07-10
COURT NOTES.
A Writ of Mandamus Against the
Collector General.

The Supreme Court adjourned
sine die yesterday its June term.
Judge Cooper presides in Cham
bers this week.
Judge Cooper has overruled the
motion for new trial prayed for
by Ben Gallagher, and his last
chance will be the noting and filing
of a bill of exceptions before the
Supreme Court.
In the matter of the estate of
the late James Hall Caiapha, the
administrative has been discharged
and her final account approved
with an Indebtedness of $135 on
the wrong side of the account.
Executors of the will of J. H.
Lovejoy and Louisa N. Armstrong
have qualified and fled their bonds
for the performance of their severa
trusts. Bond for the former estate
is $4,000, and bond for the latter
estate is $500.
Judge Cooper has appointed one
Maluaikoo as guardian of Stephen
S. NJ. Barrett, a minor aged II
years, under bond of 800. The
petition recites that said minor is
reputed son of the late Moses Bar
rett, of Kaawaloa, Kona, Hawaii,
and owns property in his own right
worth nearly $500. c. Brown for
the miBor petitioner.
Late on Saturday evening Judge
Whiting issued a temporary writ
of mandamus against James B
Castle, the Collector General of
Customs, on the petition of the
On EMS Hospital, a corporation,
alleging that there had arrived per
steamer Mike Maru about 1900
Japanese immigrants, as passen-
gers on said steamer; that by law
a tax of 81 per capita is due by
said vessel, and should be collected
by the respondent, and that he re.
fuses to collect the same. The
matter came up for hearing this
morning before Judge Whiting, and
after the introduction of testimony
and arguments of counsel, the
Court ordered the writ dissolved.
1t appears that the respondent had
acted in the premises upon
instructions received by him from
the Minister of Finance, which
was that no tax be imposed on the
vessel upon the ground that 'such
immigrants come to the country
under the conditions of the Con-
vention between the Hawaiian
Government and the japanese
Government, and are upon a diffe-
rent footing from ordinary passen-
gers" Carter & Carter for the ne
titioners, w. o. Smith, attorney
general, and w. A. Kinney for the
respondent.
In r. r. Foster vs.. H. NJ. Hay
ward, the plaintiff by his attorney,
VIM. Foster, has flied an affidavit
and motion to disallow the bill
Of costs asked for by the defend
ant to be taxed in the cases. A
large amount of written testimony
had been taken in the case, which |
the plaintiff claims was irrelevant |
to the issue and therefore should |
not be allowed. Motion to be
heard.
Divorce summons have been is
sued, duly served and returned to
the Clerks Office in the following
cases: Annie Samoa vs.. Levi Sa-
moa and Kalaaukapu (k) vs.. Pua-
kinamu ivy. Also an equity sum-
mons in Kailikea ct al. VS.. John
Hapa, which is a bill for cancella-
lion of deed.
Summons has also been issued
in the divorce case entitled l.. S.
VS.. c. S. Bradford, retur-
lable at the next term of the First
Circuit Court.
A writ of execution in the case
If the Hawaiian Wine Company
7s. Manuel Martins has been re-
urned to the Clerks Office with
he Sheriff's return that he is I'M
lble to find any property belonging
o the defendant i'll the island of
Maui. Amount sought TO be re-
covered was $40.