The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-06-10

penalty may DC imprisonment 4cT dct
more than one year or a fine of not
more than $4,000. To work out fine of
that amount in default of payment
would require imprisonment for more
than one year unless avoided by the
poor mans oath. a according to an I'M
reversed decision of Judge Gear. how
ever, any offense that involves impris-
onment in a penal institution requires
the Indictment of the accused.
DECISION ON MORTGAGE.
Judge De. Bolt yesterday rendered
decision in the case of A. Lidgate, petit
toner. VS.. Honolulu Clay Co., Ltd. bill
for foreclosure of mortgage. The only
point in dispute was as to whether
gasoline engine upon the mortgaged
premises was included in the mort
gage, which was executed by the de-
PENDANT to the plaintiff TO secure the
sum of ten thousand dollars, with in
terest from March Is, 1902, until paid,
at per cent. per annum.
1t is held by the court that the gaso-
line engine was a fixture, but even if
not that it was included in the mort
gage by its terms as follows: With all
the rights, privileges and appurtenancea
thereto belonging, with the buildings,
machinery and appliances thereon
The prayer for foreclosure is granted
and James F. Morgan appointed as
commissioner of sale.
LEFT WIFE ALL
Lum See, widow of Lai Say, petitions
for probate of the will of her husband
which leaves the entire estate to her
self. The estate consists of lot and
building in Achi lane valued at s240O
and household furniture at $780, Lai
Say left, besides wife, five sons and
three daughters ranging in age from II
years down to one year old.
LENGTHY RECORD.
Defendants in Territory VS.. Cotton
Bros. & Co., by their attorney, Alfred
s. Hartwell, file motion that their
time be extended for filing a further
bill of exceptions until ten days from
date of fling transcript of record
Stenographer Mcmahon estimates that
the transcript, on which he is work
ing, will make about 500 pages of type
writing.
ANOTHER WIRELESS JUDGMENT.
Judge Robinson rendered judgment
yesterday in the second case of Liliu-
Ltd, for $3.50 damages, $174S interest
and costs of $14.55, making a total of
S1S2.03 that the plaintiff recover of the
defendant.
FOR NEW TRIAL.
Defendants in the case of C. E. Camp
VS.. L. K. Kentwell and John D. Holt,
Jr., in which Judge Robinson directed
a verdict for plaintiff, by their attor-
ney, Frank Andrade, file a motion for
new trial.
PARKER RANCH TROUBLES.
J. s. Low, as next friend of Annie
Thelma K. Parker, a minor, yesterday
entered another suit. This one is
petition for license to sell the real
estate of the minor. The land in ques-
ton was mentioned in the petition for
the removal of A. w. Carter as guard
ian of the minor, being about 1928
acres in Hamakua. It is set forth
that 1900 acres of it are suitable for cane
cultivation and that the Paauhau
Plantation Co, is willing to buy it at a
price greater than it's actual value,
partly because of it's adaptability to
cane and partly because the company
is DESTROYS of having the Hamakua
ditch constructed and would encourage
that enterprise by granting a right of
way over the land if it owned it.
A. W. Carter guardian of the minors
property, it is alleged, refuses to en-
terrain any proposition for granting
the right of way and refuses to sell the
land for $124,0OO. the amount the Pa
auhau Plantation Co. is ready to offer
as an upset price for it. AS stated IN
the other suit previously reported, the
petitioner says that the proceeds Of
such a sale could be invested to yield
an income of S6240 per annum to the
minor, and that there is great danger
that if the land be not sold at this time
1924, 900 cannot be obtained for it at
the expiration of the lease seven years
hence.
Judge Gear grants the petition to the
extent of appointing Low as guardian
ad Item of the minor and ordering ap-
pearance CT the parties in interest on
June 80 to show cause, if any they
have why such license of sale should
not be granted.