The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-01-18

COMMERCIAL ADVERTISER: HONOLULU. JANUARY
right build irrespective of the public safety of the exercise
any authority, any exists that might otherwise prevent the
erection occupation of the building The applicant had
right to build unless prevented by lawful authority The
ponden had authority He did have authority
refuse building the applicant having complied with
the conditions prescribed by the statute.
The order of the Circuit Judge for peremptory is
affirmed.
H. Andreos for applicant
Atorney-General Il. p. Dole for respondent.
IN THE SUPREME COURT OF THE TERRITORY OF
HAWAII
DECEMBER TERM 1900.
JOHN D. WILLARD Assignee of the Estate of T. Ledward
Bankrupt, y. ANTOINE VINCENT and T. LED
WARD, Bankrupt.
APPEAL CIRCUIT JUDGE, FIFTH CIRCUIT.
SUBMITTED DrormBrR 81 1900 DECIDED JANUARY TO- 1901
FREAR CD, GA1BRArTH AND PERRY, J.J.
The afhrms dmssing
aside transfer Of alleged
lenty to the knowledge of the purchaser
temptation of bankruptcy hse
Attorneys Judges
Chambers Section 1886
applies in
THE COURT BY PERRY j.
This is bill in equity wherein the plainant assignee
of the estate of respondent Ledwad voluntary bankrupt
prays for the cancellation of sale of certain
personal property stated consideration $780, respond
en Vincent in December and January last the ground that
the transaction entered into by both Vincent and Ledwar
not bona de but for the of hndeng, delaying and
defaudng Ledwards creditors at time when as both
respondents well aware Ledward nsovent and con-
tempated bankruptcy The Court below after hearing filed
decision and decree dmsng the BILL and decree
appeal was taken to this Court
After the fling of the decision of the Circuit Judge
panan moved that certain amendments to the clerks
record of the testimony the ground that said record
complete and incorrect ia certain particulars and in support
said motion filed his affidavit the effect that the proposed
amendments covered evidence given the trial but
correctly reported omitted by the clerk One amendment
allowed and to the others proposed the motion de-
ned and complainant asks that all the amendments be
= made.
In instances the clerks substantially states the
testimony set forth in the proposed amendments both the
Judges and the clerks show the evidence been
different from that stated other of the proposed amendments
to these think the showing insufficient justify
alteration in few instances the clerks would
to be incomplete As to the latter may for the
poses of this that the evidence stated
ments, for conclusion is thereby affected
Upon the peadngs and upon all the evidence adduced
find that the paid by respondent Vincent the property
covered by the bills of sale its full and fair value the
transaction Vincent bona de and that Vincent the
time of the purchase had reasonable believe
to be msolvent bankrupt contemplation of insolvency
bankruptcy The decree appealed from far dssses
the BILL is affirmed.
The Circuit Judge taxed against the complainant attorneys
fees according the provisions of Section of the Civil
Laws of 1897 This, think Section 1892 pre-
scribes the costs which may be allowed in the Circuit and
Supreme Courts only The which may be taxed
had before the Circuit Judges Chambers forth in Sec
ton 1886, h., and do not include attorneys fees.
The remanded the Circuit Judge of the Fifth Circuit