The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-10-26


and without a further seizure by the
Marshal. under Sec. 667, Comp. Laws.
OPINION OF THE COURT BY BICKER-
TON, ].
The libel and complaint in this
case alleges First, that the steam
ship Gaelic arrived at the port of
Honolulu from Yokohama, a port
in Japan, having on board foreign
merchandise, including the goods
and merchandise mentioned in the
exhibit attached, which were in
voiced to S. Ozaki, of said Homo
lulu.
Second. That on, to wit, the
18th day of May, A. D. 1894, the
said goods were entered at the Gus
tom House in said Honolulu, by
said S. Ozaki, as and for a total
value of, to wit, One Thousand and
Ninety-one and $1,000 Dollars
$1,091.S3) whereas in truth and in
fact the said goods then and there
were of the value of, to wit, Three
Thousand Six Hundred and Sixty
four and 28-100 Dollars ($3, 1854. 2S),
as this libellant is informed by
competent appraisers, and go be-
lieyes."
"Third. That the invoice of said
goods, as ibellant is likewise in
formed and believes, was false and
fraudulent iavoice in respect of the
value of said goo %, and in such
false and fraudulent condition, was
by the said S. Ozaki, passed through
the said Custom House"
Fourth. That said goods there
upon became liable to seizure and
confscation, and that this libellant
has seized the same for said pur-
pose"
Filth. That all and singular
the matters herein stated are true,
and within the jurisdiction of this
Honorable Court" And prays for
process against the said goods, and
that said Ozaki and all other per-
sons claiming any interest therein
may be summoned 10 appear to
answer the libel; and that said
goods may be declared forfeited and
confscated to the Hawaiian Gov
eminent and be sold as required
by law and for such other relief or
order as may be just.
The order for process as prayed
for was made and return of
service made on the summons
IA, 1894. On the 31st
of the same month, said S. Ozaki
filed a plea to the Jurisdiction
wherein he submits and says,
''that it does not appear from said
or libel that this Court
has any jurisdiction to hear and de-
termine this cause, for the reason
that it does not appear from and
by said complaint or libel that the
goods therein alleged to have been
falsely and fraudulently entered
and passed through the custom
house at Honolulu, or any of the
same, are now, or were at the time
of the filing of said complaint or
libel, In the custody of said Col
lector- General, or elsewhere within
the territorial jurisdiction, or within
the custody or control of this Court,
or of any of its officers. Wherefore !
this appearer submits and prays |
that said complaint or libel may be |
dismissed, with costs to this APP
pearer."
After argument by counsel on
both sides the libel was dismissed,
and the Attorney General, on be-
half of said ibellant, appealed |
from the said order Diminishing the
libel to this Court.
The only question now before this
Court for consideration is: Are |
the allegations in the libel sufh-
cient to bring the matter within the
Jurisdiction of the Admiralty
Court? We are of the opinion
hat they are.
1t is commended by respondents
"that it is essential to the
of the Court that the
res should be in the custody and
under the control of the Court.
Such custody may be either actual
II constructive, but it must exist,
md should be alleged in the libel
II otherwise be made to appear as
This, in the main, is
,ur understanding of the law, and
3 undoubted. Several other points
re raised and argued by respond
nt's counsel, which may, perhaps,
e properly raised in the trial of
be case on its merits, but are not
Dr. our consideration now on this