The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-03-14

ernment against any person max.
ing claim against the Gov
eminent in said Court, the Court
shall hear and determine such claim or
demand both for and against the Gov
ernment and claimant; and Il, upon the
whole case, it finds that the claim ant is
indebted t. the Government, it shall
render judgment to that effect, and such
judgment shall be final
SECTION 3. No person shall file or
prosecute as aforesaid any claim for or in
respect to which he or any assignee of
his has pending in any other court any
suit or process against any person who,
at the time when the cause of action
alleged In such suit or process arose, WAS,
in respect thereto, acting or protesting to
act, mediately or immt d ately, under the
authority oil this Government.
SECTION 4. Aliens, who are citizens or
subjects of any Government which &C
cords to citizens of this Republic the
right to prosecute claims against such
Govern 'lent in its courts, shall have the
privileges of prosecuting claims against
this Government as aforesaid.
SECTION 5. Every claim against this
Government, cogn'8able as aforesaid,
shall be forever barred unless the petit
ton setting forth a statement thereof is
filed in thu court, or transmitted it by
the House of Representatives, as pro-
vided by law, within two yea,s after the
claim first accrues. Provided. that the
C aims If married women first accrued
during marriage, of persons under the
age of twenty-one years first accrued
during minority, and of idiots, lunatics,
insane persons, and persons beyond
the seas at the time the claim
accrued. entitled to the claim. shall not
lsnI h. L. IL = ~
court or transmitted as aforesaid, VII hin
one year after the disability has ceased;
but no other disability than those emu
merated snail prevent any clam from
being barred, nor shall any of the dIsa-
bill les operate Cumulatively.
SECTION The claimant shall, in all
cases, Iully set forth in his petition the
claim, tha action thereon in the Legisla-
ture, or by any of the departments, If
such act ON has been had; what persons
are owners thereof or interested therein,
when and upon what consideration ouch
persons became SO interested; that no
assignment or transfer of said claim, or
Of any part thereO' or interest therein,
has been maize except as 8 ated in the
petition; that said claimant is Justly en-
titled to the amount therein claimed
from this Government, after allowing all
just credits and Offsets; that the claim
ant, and, where the claim has been as
signed, the original and every prior
owner thereof, if u citizen, has at all
times borno true allegiance to this Gov
ernment, and whether citizen or not,
has not in any way voluntarily aided,
Rbetted, or given enc puragement to re-
beilion against this q ,vernment, and
that he believes the facts as stated in the
said petition to be true. And the said
petition all be verified by the affidavit
of tn claimant, his agent or attorney
SECTION z Any person who coIruptIy
practIces or attempts to practice any
fraud against this Cover nment in the
proof, statement, establishments, or
allowance Of any claim. or of any part of
an, claim against this Government,
shall ipso facto forfeit the sama to this
Government; and it shall be the duty of
said court, in such cases, to find specific
ally that such fraud was practiced or
attempted to be pracuced and rheIeupon
to give judgment that such claim ia for
ieitpd to this Cover ment, aud that the
claimant be forever barred from prose-
cutting the same.
FICTION 3. This act shall take effect
from the date of its approval.
This was also referred to the
Judiciary Committee.
Attorney-General Smith intro
duced a measure " hich makes it
unlawful for those deported from
the islands to return. Section l
reads: at shall b. unlawful for
any person to land in the Hawaii
an Islands from any vessel arriv-
ing from a foreign port who is q
criminal or refugee from justice or
who has been convicted of crime,
or who has been under arrest for a
criminal offense and has departed
or escaped from the Hawaiian Isl
ands In order to avoid trial, or who
has been deported from the Ha-
waiian Islands by order of the
President or Marshal in time of
martial law, or who has been ban
ished by the sentence of any court,
unless such person shall have re-
ceived a permission from the Min
lister of Foreign Affairs to so land.
Violation is made a misdemean-
or, with maximum penalty of two
years at hard labor and 5000 fine.
The master of the vessel in col
lusion may be fined 500 to $500
and imprisoned not over a year and
cannot clear till he settles"
This went to the judiciary Com
mittee and the following Act of
Indemnity came up for discussion
on the fret reading:
WHEREAS, B+ing g, duced by the insid-
ious counsel of wickedly designing per-
sDrs, many individuals resident in the
island f Oahu, did Conspire by force to
overthrow the constit' ton and govern
ment here es' aDlished ny iaw, and in
of such their purpose, did
with force and in cnnfederated multitude
on TN 9th day of January. 1895, and on
divers other days then Iol owing, in the
District of Honolnlu, Island OF Oahu,
lew war against this Republic. AID did
commit mnrd r, and other f-onles, and
did prov'd themselves with arms, am
munitlon and dynamite with treasonous