The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-03-28


TIIt your Petitioner vH. prevented
from uiiun thie Petition Within tusI..
montha nest succeeding his said ldiu-
diciuon. and that ho claims and sub
mits that such prevention was unlvoii-
able. and that the reasons in fact up
on which the same rest were ana are
as follows. that Is to say.
That Immediately after his said add
Indication as "a bankrupt he removed
from Honolulu to Makaweli, I'm the ISL
ana Of Kauai where he assumed the
position I'm the employ Of Hawaiian
Sugar Company Limited, I'm which po-
sition he has since continued and now
continues.
That he was not aware, until the
day Of the date Of this petition that
the statute I'm this behalf required such
petition for discharge to be filed With
I'm any specific time after adjudication
Of bankruptcy, and on this date was
informed of the provisions Of Section
IL Of the Bankrupt Act, I'm this behalf,
through the medium of a letter from
his attorney c. w. Ashford Esq, Of
Honolulu. written i'm reply TO an in
quiry made of said attorney by this
Petitioner about one week ago con-
corning the statutory provisions for
such discharge. That the delay be
yond said period Of twelve months has
| resulted, i'm part, from a misunder-
standing between petitioner and his said
attorney, wherein petitioner expected
his said attorney to initiate such pro-
/ ceedings as might be necessary to Sc
4 rfsha g
| said attorney informs petitioner. and
| petitioner believes, and upon such be-
! lief alleges that his said attorney did
not understand that it was expected Of
him to take the initiative with regard
to such discharge, nor to do any fur
Their act except as he should be request
ed by petitioner And petitioner al
leges that, relying upon what he sup
! posed to be an understanding i'm this
behalf. as above as also having dur
ing said interval been of the opinion
that it was necessary that his estate
should be finally settled before such
discharge could be granted; and also,
because Of the extended absence from
the Territory, during the year 1904 Of
Charles e. Hemenway Esq, the Trus-
tee herein, which led petitioner to the
belief that said estate could not be set
tied during the absence Of said Trus-
tee, and that petitioners discharge
herein must await the return of said
| Trustee and the settlement of said es-
tate, he has delayed presenting this
petition.
And because of his ignorance of the
matters herein mentioned, and his re-
lance upon his supposed understanding
to the effect that his said attorney
would take whatever steps were neces-
sary to procure such discharge, and in
form petitioner Of any steps necessary
to be taken by him i'm the premises, pc
titioner submits that he should not be
now deprived of such discharge be-
cause of his failure to file his petition
within the twelve months limit afore-
said.
Dated this oath day of March, 1905.
(Signed) w. c. KING.
Territory of Hawaii }
Island of Kauai.
SIS.
Will c. King having been duly sworn,
deposes and says: That he is the petit
toner named in the foregoing Petition.
That he has read said petition, and
knows its contents, and that the mat
ters therein alleged are true, except
those matters which are therein alleged
upon information or belief, and as to
those matters, he believes them to be
true.
(Signed) w. c. KING.
Sworn to before me this oath day OF
March, 1905.
(Signed) T. BRANDT.
Notary Public, Fifth Judicial Circuit.
(Seal)
ORDER OF NOTICE.
, DISTRICT OF HAWAII. SIS:
, On this 9th day of March, A. d
1905, on reading the foregoing petition
it Is
Ordered by the court, that hear
ing be had upon the same on the 1871
day of April, A. d. 1905, before sale
court, at Honolulu, I'm said District, a
10 o'clock i'm the forenoon; and that no
= tice thereof be published i'm The Ha
allan Star, a newspaper printed i'm saiO
; district, and that all known creditors
and other persons i'm interest may ap
} pear at the said time and place an,
show cause, if any they have, why tn,
prayer of the said petitioner, SHOULD
= not be granted.
And it is further ordered by the cour
that the clerk shall send by mail to al
s known creditors copies of said petition
/ and this order, addressed to them "A
. their places Of residence as stated.
Witness the Honorable Sanford b
a Dole, Judge Of the said Court, and tn,
v seal thereof, at Honolulu, I'm said Dis
3 trict on the 27th day Of March, A. d
1905.
, (SeaD WALTER b. MAILING.
Clerk.
A true copy, attest,
2 (SeaD WALTER b. MAILING,
% Clerk of said Court.
. Dissolution of CO-PartnershiD