Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-03-19
Judge Humphreys Order
For KOna Plantation Sale

RlTORY OF HAWAII. AT CHAM |
BEERS. IN EQUITY.
NJ. w. McChesney & Sons VS.. Kona
Sugar Company, Limited, and The
First American Savings and Trust
Company of Hawaii, Limited.
Order authorizing receiver to sell the
entire property and estate of the
Kona Sugar Company Limited.
Whereas, motion of plaintiff for leave
to discontinue in the above-entitled
matter came on regularly to be heard
before me at Chambers on the 18th day
of March, A. d. 1902, ]. Alfred Ma
COON and Thomas |. Dillon appearing
for F. Wundenberg, Receiver of the
Kona Sugar Company, Ltd, Henry
Holmes representing S. NJ. Damon, II.
f. Waity and S. f. Damon, doing bust
ness under the firm name of Bishop
4 Co., Cecil Brown, representing the
First American Savings and Trust Co.
of Hawaii Ltd, Messrs. Hatch & Sill
liman representing the Kona Sugar Co..
Ltd, Messrs. Kinney, Ballou & Me-
Clanahan representing W. w. Bierce,
Ltd, and l.. NJ. Whitehouse. and F. w.
Hankey representing NJ. w. McChesney
& Sons, and
Whereas, after full hearing in the
said matter, there being no objection
thereto, the following order was made:
This matter having come on regu-
larly for hearing this day on motion
of compliments for leave to dismiss
their Bill of Complaint herein, and for
an order OF the Court discharging the
receiver OF the defendant, The Kona
Sugar Co., Ltd, upon payment to him
of his disbursements and expenses and
such fees as the Court might award
him for his services in and about the
premises, and the same having been
continued from the hour Of 10 o'clock
this forenoon, until the hour Of Z
| o'clock this afternoon, at which time
said receiver now apears and presents
his accounts, and no other person APP
pearing to oppose the approval of the
accounts of said receiver. or his dis
charge, or to make any other objec-
ton in this behalf, It is now by the
Court ordered that leave be and the
same is hereby given to the complain.
ants herein to dismiss their bill OF
complaint herein. II is further order.
ed that the accounts of the receiver
herein be and the same are hereby APP
proved and in all things confirmed.
And 1t Is further ordered that the said
receiver do have and receive as a rea-
sonable fee and reward for his services
in and about the premises the sum of
$1,000, out of which sum he is directed
to pay and satisfy his attorneys and
and any and all other expenses incur
red by him, not embraced in his ac-
count on file herein. And II Is further
ordered that all and singular the goods,
chattels, effects, and property, real,
personal and mixed of the defendant,
The Kona Sugar Co., Ltd, stand charg-
cd, fixed and encountered with each
and every item covered by said re-
ceiyer's account, and further in addi-
tion to such sum- the sum OF $1,000 now
awarded him as his reasonable fee and
reward in this matter. And 1t is fur
Their ordered, adjudged and decreed
that the receiver do, on the 18th day OF
March, A. d. 1902, proceed to adver.
tise for sale. all and singular the goods,
chattels and effects and property, real,
personal and mixed Of whatsoever
kind and nature in his hands as re-
ceiver of The KOna Sugar Co., Ltd,
and that having advertised said prop
erty for sale at public vendue in front
of the judiciary building in Honolulu
for the period Of ten days computing
from the said 18th day of March, A. d.
1902, said receiver do proceed to sell
at public vendue all and singular the
goods, effects, Chattels and property,
real, personal and mixed of The Kona
Sugar Co., Ltd, for the purpose oil
satisfying all demands as receiver OF
The Kona Sugar Co., Ltd, and in adj
dition thereto. the fee and reward
now allowed him by the Court. And
II is further ordered adjudged and de-
creed that the bill of complaint in this
case be and the same is hereby retained
and that said receiver be and he Is
hereby retained as receiver of the prop
ertys, goods, chattels and effects OF
The Kona Sugar Co., Ltd, until his
accounts as said receiver, including his
compensation now awarded by the
Court be fully paid and discharged"
And whereas, II appearing to me that
the sum of S6O7l.69 allowed to the re.
ceiver, has not been paid, now there
fore,
1t is further ordered. adjudged and
decreed in addition and supplemental
to said order and in amendment
thereof, that the entire property and
estate of the said Kona Sugar Co.
Ltd, be sold by said receiver that Is to
say, all its lands, tenements and
Entertainments, all interests In lands
leases, and leasehold interests. rights
of way, railroads, sugar mill, machin.
cry, buildings, lumber and materials
tools and implements, engines, cars
and all kinds of rolling stock, includ.
ing wagons and vehicles Of all kinds
crops, harness, live stock, agreements
contracts, and all franchises and rights
OF said Company, and the good will oil
said Company, and all other property
of said Company now owned or hereaf
ter to be acquired by virtue and undel
authority hereof, exclusive OF chose,
in action, and that said sale shall b,
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