The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-03-11
COURT
LETS 60
or kONA

thai tuls a.i.oa ea. ,.nu.u..U Us iam.
fIa rnliH In fHUu taI.H aHi aH|.anb fH'
.hU purpose ut pfui. '. HNI "a. Hf nr
fhs int.ftsts cod Ul.I.. ui tH. complain.
ante nau ui tlr talu U.iUHIHii uHi Hi Hi
sf thp creditors uf F.iI utfHnIHuf. tNHl
nt tht mt thy fuIt aston wa. comm uU.
'd, and a ifagtf nud motion uf.H.utsd
fur thr appointment uf fU0t lttf N was
undsfttood aud believed AND r,hpI upon
40 abe Cumplaiuanta that tht requisite
means to Carp uu Ga. plantation, ur,-
serve the srow.ng crop aIl nua1. upon
the uttsriulnatiua or thr le-uts iu thls
,aee, 10 haN. al OF tna hsrtts uf tur
Faid defendant available Tor SUCH prop O.
aud sQhitalle distribution a. might be
decIccd boy she honorable court. would Dol.
provided. That thereafter uul alter tho
appointment 90 - Receiver herein. and us
afiiant b. informed boy the report ot said
receiver ara Otherwise, and therefore be-
lieNus ANA ALLEGES 20 Dee The fact. after
every suort was made by the receiver
go procure funds or make arrangements
by which The CROWNS crop ui sugar
might be- harvested and saved, ami "a,
integrity OF the said houa sugar Com
pany, Limited, ultimately maintained,
the receiver Was, b., aud VIII De- unable
TO accomplish any OF these things and
your afiiant further alleges that o., verb
- believes that II this action De con-
tinued in court under such circumstances
and such limitations upon the powers
and abilities OF - q receiver the loss Of
the assets OF the said defendant the
kona Sugar Company, Limited. will be
absolute, and the just ana equitable dis
position Of the court of equity to tn"
preservation and distribution VI the as
sets of said corporation, defendant,
thwarted by circumstances herein set
iorth, and not anticipated or surmised
by the complainants at the time this ac-
ton was brought: your afiiaut further
alleges on Information and belief that n
this action be discontinued under the
terms OF the motion pretiNed hereto the
complainants VIII be able through the
aid and assistance Of creditors OF the
said kona Sugar Company, Limited, and
other persons well disposed toward the
preservation and rehabilitation of the en-
terprse represented by said Kona Sugar
Company, Limited, TO pay, within such
Time as may he ordered by the court, the
expenses and fee Of said receiver to
transmit to the plantation of the said
kona Sugar Company, Limited, supplies,
money and assurances, that Will keep the
laborers upon the property. bring about
the harvesting and saving of the present
crop Of sugar, and ultimately result in
the satisfactory liquidation of all claims
against the said kona Sugar Company,
Limited and the continuation of the en-
terprise thereby represented; and your
affiant, believing fully and absolutely in
the disposition Of the receiver 10 do all
that can be done, and that every order
necessary, proper and useful to such
ends win be made by the court, neverthe-
less believes, and I'm frankness and good
faith Is bound herein to allege that IL is
beyond the reach of any judicial act on
10 save the property of the Kona Sugar
Company, Limited, to itself, the com
plainants. or any of its creditors; your
afiiant further saith that the represent
tations and statements made i'm this aft
davit are, in his belief, well founded, and
are made in good faith and with honesty
of purpose. nut that your attiant is un-
able TO state from or through whom or
by what means the relief herein referred
TO shall be secured because your affianc
cannot have positive assurances thereof
SO long as there Is doubt whether in con-
sequence of the threatened action of the
receiver, labor cannot be had. controlled
or procured to harvest the crop upon the
plantation of the Kona Sugar Company
Limited, save that your affiant says that
the complainants have been ready and
willing To advance supplies necessary for
the support of the labor upon said plan
tation, and liz Informed and believes that
II the motion OF complainants herein is
granted in the wisdom of the court, the
creditors and other parties interested
will carry out methods of relief hereto
fore set forth in this affidavit; your afii-
ant further saith that he verify believes
that II this action remains in court and
be set down for hearing, irreparable loss
will entail upon all parties concerned,
and your afiiant and the compliments
are willing and DESTROYS of discontinue
ing said action for the sole and only pur-
pose of preserving to themselves, to said
defendant the Kona Sugar Company,
Limited and to it's creditors, the assets
of the said defendant, the Kona Sugar
Company, Limited, to the fullest extent,
and that this motion and affidavit are
made to those ends and not otherwise.