The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-11

Chambers dmssng of kabeds corpus and remanding
the prisoner custody III the entitled In All o.
Just decided by this Court 10 Haw in which the pet
toner had been ordered discharged from custody by the Judge
whose decision appealed FROM held that under stat
appeal does lie such proceedings In opinion
equally clear that appeal lies in the bar Our
comforting the right of appeal contain provision limiting
such right to either the petitioner the respondent
(2) Is the restraint illegal? The undisputed facts briefly
these: In April 1897 j. II Kamo duly appointed
guardian of Pufipaka Malama (w), minor. On June 81
1901 Kaio filed before Judge of the Circuit Court of the
First Circuit sitting Probate, petition wherein he alleged
that the ward had married the time named and prayed for
examination and approval of his final Herewith pre-
sened and for discharge from all further liability guardian
During the hearing had that petition evidence adduced
tending show that Pahia the present applicant had
February H. 1901, taken deed from Puhpaka Maama of
certain parcel of land owned by her and situate in Koolau
poko Oahu Thereupon counsel for Kamo orally moved that
the court order the appearance of Pah time named and
in reply the ordered subpoena commanding
Pasta appear the date suggested In pursuance appar
emily of this order subpoena issued and served entitled
In the Circuit Court of the First Circuit Territory Hawaii
At Chambers In Probate reading after the formal parts
follows: You commanded subpoena Frank Paha and
the said Frank Paha hereby ordered and commanded bring
with him and produce His Honor Geo. D. Gear sitting in
Chambers exercising jurisdiction Probate deed
of the Real Estate of Puhpaka Maaa, ward under guardian
ship by Decree of Judge of the Circuit Court whereby the
said Puhpaka Maama and her husband conveyed the said land
you the said Frank Paha and you the said Frank Paha
ordered and commanded appear the Court House Ho
lulu, Island of Oahu before Hon Geo D. Gear Satur
day the goth day of July 1901, o'clock testify
as the above entitled matter and containing fur
her the following additional clause and show why
you should be adudged guilty of contempt purchasing
the said property of the said ward
Paha appeared compliance with the subpoena took the
stand witness and examined by counsel for
by the concerning conveyance the land
by Puhpaka himself and the request of said counsel pro-
duced the deed which then filed by exhibit in
the guardianship The consideration for the deed ap
peared from that and from the evidence thus given
by Paha four hundred dollars cash and the assumption of
mortgage the land for eighty dollars The examination
having been concluded the following proceedings had
"By the Court Mr. Pahia, there in the
of four hundred dollars, which here be paid you
receipt deed The Court orders you deed forth
with of this property What do you say about t Do you
refuse to do itg
"fr Paha signifed his interpreter
which done.)
By the Court Tell Pahia the Court now has, paid
Court of four hundred dollars Mr. Pa
ha for the of the sale of property of Puhpaka
Maama while she under guardianship That four hundred
dollars is in Court and here awaiting deed from Mr. Pahia
of the land which conveyed him The Court orders
him, having taken conveyance of this property and knowing
Puhpaka Maama under guardianship the time, and the
guardianship her yet continuing that being the Court
orders him forthwith deed of the property back
to Puhpaka Malama'
"By the Interpreter Z have told him that
by the Court. "a good and sufficient deed vesng her
whatever title had he received the deed from
her Ask him what he will do in the matter9 Ask him if he
will refuse to do itY
"By the Interpreter He desires say this When he
up here he with the that he witness in
the and idea that his deed to be cancelled
and had he known this deed be cancelled he would have
prepared himself bring witnesses that effect Therefore
he asks indulgence the Court give him weeks