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PACIFIC COMMERCIAL. ADVERTISER SUPPLEMENT, DEC. 27, 1879.
SATURDAY, DECEMBER 27
Supreme Court la Banco. October Term
IX TIJE HATTER OF JUZ LtANDAIilLS Of 1 TLLUl'M 1.
BEFORE CHI"- JCSTICE HAEkLS, JUDD AND
Opinion y McCulIy J.
By appeal from the Commissioners of bound
aries for tte eecona judicial Circuit. " Fulebu
nai" if the came of a tract of land on the Island
of Maui, denominated an ahupuaa, Licb vras
awarded by the Commissioners to (uiet Land
Titles, bj name without descr.ption of ita bound
After the surrender by Kamehameha III, in
1843, of the greater part of the Und of the King
dom to tii ctiie: and people, tbe necetitj ol a
fpeedj distribution of it in accordance with what
maj be called tbe feudal rights of the chiefs, re
quired that award- of lands be made by name
onjj without earTej. bodj of surveyors
could have been found in the country, or practi
call, could have been brought here who might
bare rurvejred ti.eee large estates within the life
time of halt the grantees, so that everj award
should have been i-tued as of a tract defined by
metes and bounds or with even an approximate
statement of the acreage. The " Mahcle" or di
vision was therefore made without surrey.
Tracts of land known to Hawaiian as an Ahu
puaa or Hi were awarded to those entitled by
name of the Ahupuaa or Hi. lij such grant was
intended to be assigned whatever was included
in such tract accord inn to its boundaries as
known and used from ancient times.
ith the Ilawaiians, from prehistoric times
every portion of the land Constituting these Isl
and was included in some division larger or
smaller, which had a name, and of which the
boundaries were known to the people living
thereon or in the neighborhood. Sumo persons
were specially taught and made the repositories
of this knowledge, and it was carefully delivered
from father to son. -
The divisions of the lund were to a great ex
tent iuade on national lines, following a ridge,
the bottom ofs ravine or depreesion, but they
were often without these and sometimes in dis
regard of them. Sometimes a stone or rock
known to the aboriginals and notable irom some
tradition, or sacred ufen, marks a corner or de
termines a line. The line of growth of a certain
kind of tree, herb or grass, the habitat of a cer
tain kind of bird sometimes made a division.
Through some parts of tbe country which must
always bave been unfrequented by tbe general
population, as thick forests, rough and barren
mountain lands, their division lines lay, where
they could be traced out by some persons at least
in charge of the territory, whose business it was
to know them.
A principle very largely obtaining in these di
visions cf territory, was that a 1-ind should run
from the sea to the mountains, thus affording to
the chief and bis people a fishery residence at the
warm eca side together with the products of the
high lands, such as fuel, canoe timber, mountain
birds, and a right of way to and
all the varied products of the intermediate land
as might be suitable to the soil and climate of
the different altitudes from sea soil to mountain
side or top. But this mode of allotment bad
numerous exceptions, because some of the lands
were for some reasons not always understood,
and perhaps arbitrary in tho beginning, very
wide at the top, cutting off a great number of
other lands from the mountain, others in like
manner wide in the lowlands, cut off land from
Tbe contour of lands which have been surveyed
and plotted is most irregular. The only general
description would be that the lines are not recti
linear and that there is no preference for right
angles. In size, Ahupuaas are found of from a
hundred acres up to thousands, in several in
stances containing more than one hundred thou
sand and more than two hundred thousand acres.
The statute which establishes the office of
Commifeioncr ol Boundaries prescribes that the
holders of lands granted by name only shall ap
ply to such commissioner for the settlement and
determination of the boundaries of what is
claimed, presenting a general description of them
by "survey or otherwise." After notice to
owners of adjacent lands the couimittsioner sits to
bear evidence of what are the ancient lines of the
land in question, hearing what is offered by the
petitioner and adversely to him by others whose
interests are affected, lie may aid his information
by going on the ground, and is to endeavor to
' obtain all information possible to enable him to
arrive at a just decision. An apical lies to the
Supreme or Circuit Court, on record of the evi
dence ol witness's before the commissioner which
may be supplemented by further testimony.
The late owner or the Ahupuaa of Pulehunui,
Governor W. L. Moehonua, since deceased, hav
ing made application to the commissioner of bound
aries, regular proceeding were had and the com
miMiioner arrived at a judgment which is formu
lated in the description notes and map of a cer
tain survey mule on behalf of the petitioner or of
tbe representatives of bis etate. That is to say
tbe petitioner showed to the satisfaction of the
commissioner that the survey which he presented
and claimed by, followed the true and ancient
boundaries of I'ulehunui. And the judgment of
tbe commissioner was that I'ulehunui be and was
by metes and bounds, courses and distances and
in area as set forth in bis certificate, adopting
the notes of the survey.
Appeal is brought to this Court by the owners
of ttie adjacent faind ofWaikapu. The contro
versy may perhaps be made intelligible without
a diagram from verbal description. I'ulehunui as
given by the Commissioner contains an area of
10.GS7 73-100 acres. It extend.- from the peak
of Kilobana on tbe rim ol the crater of llaleakala
at an altitude of 10,000 feet, in a nearly west
direction, for about 15 miles. The eastern or
mountain portion is comparatively narrow, often
less than half a mile wic' The western portion
reaches to tbe law land of the Island and grows
broader up to the western boundary joining the
land of VVaikapa, being at this end from three to
four miles wide.
Tbe matter in dispute is the western boundary.
Tbe appellants claim that the judgment of the
foiamissioncr gives I'ulehunui about 5HK) ncres
belonging to Waikapu, which sh uld be cut off
rom fulehunui by a western boundary lying
within though not parallel to that awarded.
The bouniiary given by the commissioner in
cludes about 2000 feet along tbe sea coast from a
and spit known as Kihei to a point of rocks
called Kalaepohaku. The line claimed for Wai
kapu would cut I'ulehunui off from the sea.
This is one of the moat explicit isues in the case.
Tbe question before the Court is one of fact,
sum! we deem it proper to set forth the testimony,
aoiuewhal at large, as the basis for our comment
on its t.aractcr and force, and the judgment at
which we arrive.
Before the Commissioner the following wit
nesses gave testimony :
llomai says : I was born on I'ulehunui and
have lived there till now. My parents had the
charge of this land. 1 have had the division of
tbe fish, there being a sea fishery to Pulehunui.
I know the boundaries of Pulehunui. Where it
joins Waikapu, at the sea it runs from Kihei to
Kalaepohaku. The boundary joins Kealia pond.
The water from the mountain runs to this pond,
on the north (or right hand side) of the bed of
the stream is Polchucui, on the south or left
band is Waikapu, and the boundary at the sea
shore is a sand bill, not adjacent to the Wai
kapu sand bills.
The land of Pulehunui extends to Kaopala,
which is a level place, Kaopala is an ancient
name ; where the water ran down and stood still
that was callod Kaopala. The boundary of Pu
iebuoui ran through Kaorala, the stream or
stream bed being the boundary. At Kaopala
the water turned and ran etraight down (that is
southerly towards the sea and Kealia pond).
Kealia belonged to Waikapu. Pulehunui was
on the side towards JIakawao (eat).
Pohakiikii is within Pulehunui nlc Poha
kiikii is claimed by contestants as the point
where Waikapu meets I'ulehunui. The peti
tioners' evidence is that the line continues through
Pobaniikii, about two miles in the same (wester
ly) direction to Kaopala belore turning to the
south, whereby the difference arises which is
here in controversy.)
1 lately accompanied the surveyor Monsarratt,
bad never before been with any other surveyor.
Alakoa is in the middle or Pulehunui. Witness
here mentions the names of adjacent lands, not
effecting the part in dispute.
I know 'the place called Kihei. It is the
boundary between the sea lines of Pulehunui and
Waikapu. It i- r-.tfar fr.'in the pvnd, is sea
ward from Kohciuiilainaiama, and between them
was ii settlement. Opunui and Kekua were the
men in charge of those fisheries.
Kihei was the boundary (in tLe oast) of Pu
lehunui and Waikaru, frm thence it ran to
Kaopala, thence it turned and followed the gulch
up the mountain,
Pohakiikii is inside Pulehunui. Pulehunui
loins Viaikaruau tLe way oniric lower ecu oi
the land. Kaopala is an ancient water course.
The water divides the two lands. Pulehunui
has more fixed boundary stones, according to my
Kohcmaiatnalaina curves and goes in Waikapu
Kalama, Imihia, Kckoa and I were the kama
ainas who showed Mr. Monsarratt the boundaries
of Pulehunai for survey.
We use the word "Kamaaina" above without
translation in our investigation of ancient bound
aries water rights, etc; A good definition of it
would be to say that it indicates such a person
as the above w itness describes himself to be, a
person familiar from childhood with any locality
M. D. Monsarratt, surveyor, gave testimony that
the survey and map before the comicsioner was
made along the lines which the above witness
and other kamaainas, Kek ja, Kalama, Kalebua
and Imihia had pointed out to him. He describes
the various land marks which had been pointed
out to bim, and in accordance with which he had
made the survey. We do not transcribe this be
cause it is not original testimony. What is ad
missible is, that he has translated the description
of the kamaainas into the definite expression of
Kalama sworn, says : I have always lived on
I'ulehunui. I was born there, my ancestors be
long there. 1 am kamaaina (acquainted) with
its boundaries, a gully is the boundary that
separates it in the side next to Kealialia nui, as
far as Kealia and this is the boundary from old
times. Where the waters joined is the boundary
Irom Kumuahane to Kihei. Kihei is a sand spit
and it joins Kealia on the lionuaula side. A
rocky point is the boundary at the sea shore, call
ed Kalaepohaku, thence it runs up following Wai-
akoa " " "
Kilobana is the boundary on the mountain, and
from Lcleiwi it comes straight down, the kahawai
(or stream bed) being the boundary to the sea.
i'ulehunui is wide at the lower end, there are
many rocks on it to this day. Kihei is .the bound
ary between it and Waikapu.
ibis land formerly belonged to heawenmuhi.
All tho Kaniaaiqas before our time are dead, i. c
we are me oniy surviving Kamaainas, it is a
long distance from Kihei to Kaopala. From Kao
pala on the boundary is not straight ; the land
leans or slants till you get to Kilobana.
this I'ohakiikii spoken of was a resting place
for travellers. Above this is Kaluaolohe. beionir-
ng to Pulehunui and below is all Pulehunui as
far as Kaopala. Below Kaopala is Waikapu
f uienunui Das sou ana black sand, stones in some
places. It is perhaps half a mile from Kaopala
to the aikapu sand hills, though witness can
not well state distance.
Kaopala is where the water from the two
mountains (the acclivities of cast and west Maui)
meet. The former name of the place now called
Kampala, was Kailinawai because there the waters
of the two mountains joined.
L.ono, the next witness adduced was not ex
amined on its appearing that he was not inde
pendently acquainted with the boundaries.
Kuyaialu, sworn, says; 1 know Pulehunui
and its boundaries because 1 was born there. It
runs from Waiohonu to Kaopala, the gulch being
tho Dounaary. irom Kaopala it runs towards
the coast, the water from the gulch or stream
running into the fish pond called Kumuahane. I
know Kihei. It is a sand point and from thence the
boundary runs to Kalae-a, also called Kalaepo
haku, belonging to Pulehunui. Mauka of this
belongs to Pulehunui and makai to Waikapu.
itncss described the further boundary on
tho south side, beyond the part which is disputed
liuhia sworn, says: 1 was born at Kacnaulu
Kula, Maui, which place joins Pulehunui, in the
time of Kamehameha I. I know Pulehunui and
its boundaries. Beginning at Waiohonu and
running to tbe beach, below (makai) Waio
biuu is Pohakiikii, below there is Kalapukaolii,
below there is Kaopala, thence toKauahia thence
to Kahuaakapicle, thence to Kapalaoa, thence to
Kamuliwaa and from there to Kalaepohaku.
I'ulehunui had a fishery.
lhe witness then names localities all round the
land. He says, a kahawai (gulch or stream bed)
is the boundary between Pulehunui and Omaopio
(oue of the lauds on the north), and this same
kahawai is the boundary between Pulehunui and
Kalialianui (next adjoining land), from Ouiao-
io to tt aiolama, to aioiionu and farther on to
aopala and from that place to Kealia where the
water seems to stand still, the same gulch is the
boundary of I'ulehunui. Kealia belongs to Wai
kapu. These boundaries are all plain ; from old
times down there was no dispute about them.
This witness gives tbe detail and names of locali
ties on the boundaries, with some repetition
which we will not rejort.
Kckoa, the next witness is one of those who
pointed out the boundary to the surveyor. He
was born and lives on tbe adjacent land of Oma-
opio, and speaking from his local and traditional
knowledge, be caries the line Irom above I ohaku
kii down along the course of a gulch to Kaopala,
thence along the junction of tho slopes of at and
West 3Jaui to the beach and to Kalaepohaku, as
r or the contestants the hrst witness produced
before the Commissioner was Kaupaa sworn,
1 am a kamaaina ol Waikapu; 1 know the
boundary of Pulehunui and Waikapu; beginning
at I'ohakiikii, from there it runs to Kcahuakapi-
ele, mauka of there to where a hole was dug for
water, from there to Kalaniwai from there to
Kamuliwai, a fish-pond belonging to Pulehunai;
the boundary is along the edge ol the pond sep
arating Pulehunui and Waikapu, running along
the we: s in J, Pulehunui on the sea, and Wai
kapu along the land till the boundary called Kihei
is reached, dividing Pulehunui und Waikapu
makai of the sand hills of Kaopala. Tins Kao
pala belongs to Waikapu, because there is Poha
kiikii, which is considered the boundary between
Pulehunui and Waikapu.
These are the boundaries as wc understand
them. I'ulehunui had a fishery from Kalaepo
haku to Kihei. Kuohia is in Waikapu, and
Kaopala is als.t in Waik tpu, but the part where
the water stands still belongs to I'ulehunui.
Kcliikoa, the next witness, says that bis know,
ledge of tlic boundary is derived from teeing
where a party of surveyors made it.
Opunui, tlie third witness, says : I am a ka
miami of Waikapu. Wc used to g mauka
(above) of I'ohakiikii to snare l iver, and this
flace mauka of Pohakiikii divided Wuikapu and
'ulehunui If the people of Kula came down
makai (below) of I'ohakiikii it was 6tealiDg, and
the Waikapu people could take their birds away.
The boundary ran fn-m Pohakiikii to Kanahia,
and mauka of Kanahia to a pond at Kealaae,
and the water of this pond belonged to Pulehu
nui, and Waikapu went along the edge. Pule
hunui went along the sea to the point called Ka
alaepohaku. There were two Kaopalas, one mauka and one
makai. Kaopala makai belonged to Pulehunui,
and Kaopala mauka to Waikapu. Mauka of Po
hakiikii there is n ridge which was a road before
it was surveyed.
Ku, the nest witness, says he derived his
knowledge of the boundaries by ging out with a
surveyor. He cannot afford good testimony.
Hoof ii, the following witness, only heard of
the boundaries from Joe Sylva in going after
cattle, and had not seen them.
Kekanai, the next witness, says : Pohakiikii is
the boundary of Pulehunui and Waikapu. I went
with John Richardson when he surveyed it. From
Pohakiikii to Kcahuakakai to Kealaaea, where
there is a pond. The upper Kaopala belongs to
I'ulehunui, the bwer to Waikapu. Keali: be
longs to Waikapu.
Malaihi, the next witness, belongs to Kula
(adjacent). There arc many opinions about the
boundary. It is a ravine between Kalialinui and
Pulehunui ; some said the limit was at Pohakii
kii, some at Kaopala. When it rained hard tho
vater ran down to Kaopala and from there to
After the evidence taken before the Boundary
Commissioner bad been read, the appellants pre
sented several matters to tha Court, partly by
testimony and pirtly by statements and exhibits,
to tho following effect :
The land of Waikapu, belonging to the Gov
ernment, was set over to the Department ef Edu
cation. There is in the office of the Department
a map of Waikapu, and survey notes on a sepa
rate paper taken to refer to it. The notes and
the names written on the map were in the hand
writing of one J. W. M argli, deceased, who had
been a clerk in this Department, but we bave no
information as to whether be was the surveyor or
copied what was In bis band-writing, tbe map
and notes being without signature and without
date, nor have we any information as to the
knowledge on which the survey was made. In
13 4 the Department sold ten pieces of land,
each containing 1.317A acres, purporting to be
out of Waikapu, for which the Government is
sued Eoyai Patents describing the lots by survey;
but for alleged failure to pay the notes taken in
tbe sale au these grants were surrendered and
cancelled, and quit-claim deeds made back
to the Board of Education, dated August, 18C0
These lots are plotted in pencil, with tbe names
of tbe purchasers, id tee cana-wnting ot Mr
Marsh on the Waikapu map, thus taking up the
Waikapu Commons" as therein given. The ap
pellants also exhibit a plot made by Mr. Schussler
Irom tbe descriptions in the cancelled patents,
drawn on tbe same scale aa the Monsarratt map
by which it is made to appear that the ten lots
extended to include the part of Pulehunui which
the appellants claim lor aikapu.
In 1675 tbe Board of Education sold at auction
the " Land known as tbe Ahupuau of Waikapu,
saving grants hitherto made within said ahupuaa,
or sales by the Board of Education, to Henry
Cornwell, the Government issuing a Royal Patent
in the above terms without survey or statement
of area. Mr. Cornwell afterward sold to Claus
precklcs and others the part known as Waikapu
Commons, giving a warranty deed with a sur
veyed description, perhaps according to the pat
ents, covering as we have 6aid the west end of
Pulehunui, as found by the Boundary Commis
Tbe argument for the contestants is, that Wai
kapu was sold by tbe Government as included in
the description in the ten patents, and that there
was no claim made against this by tbe owner of
Jrulebunui, and that the Government should be
holden to have fixed the boundary accordingly
Now if those patents bad not been returned and
cancelled, the Commissioner of Boundaries could
not bave found the lines of Pulehunui to include
any part of them, whatever proofs might have
been given that in fact aikapu bad been
wrongly extended beyond its ancient line, for the
statute provides that " be shall in no case alter
any boundajy described by survey in Royal Pat
ent, in Deed from the King, or in Land Commis
sion Award." Section 5. Act of 18G3. But these
patents, having been cancelled, cannot be held to
have an existence for any purpose. When it is
said for the appellants that there was a good in
ference or understanding to be taken that tbe
il boundary was as had been described in
them, we think the answer made for the appellee
is good : that if any inference is to be drawn it
should be that the Government, or the Board of
Education, did not bave an assurance that Wai
kapu extended as they had sold it, for it is singu
lar that of the ten pieces sold not one of them
sbculd bave been paid for and held by the
grantees, or that not one of the grantees should
have been compelled to pay bis note ; and it is to
be observed very strongly that in the sale made in
1875 the grantor does not convey by any descrip
tion or area. Tbe purchaser must have taken
what might be found to belong to Waikapu, ac
cording to its true bcundary, as between it and
i'ulehunui, as it may be found by the Boundary
Tbe Act to facilitate tbe settlement of bound
aries by the appointment of commissioners and
&c, was passed in 1SC8, in its present form.
though the first act for this purpose was pas
ped in 18G2. By the act of 1868 the owners of
divisions of land awarded or patented by name
without survey, are required to apply for tha
settlement of boundaries, and the judgment of
commissioners (subject to appeal) determines
what is to be holden as the grant under such a
ward or patent. A survey and plot which might
be in existence in any office of the government
would not in itself be evidence of a boundary, if
it had not been incorporated in an award or pa
tent. Even if such a survey were more authen
ticated in respect to its origin and the data on
which it was made, than this anonymous one of
Waikapu, what would it signify '. Nothing but
tbe opinion of the surveyor, on whatever grounds
he may have derived it, that such and such were
the boundaries of the land. But the bounds are
to be determined Judicially, on evidence, and
with notice to all parties concerned. The sur
veyor is not such an officer, and the tribunal con
stituted for the purpose cannot take the findings
oi ihb surveyor iu lieu oi or in contravention to
-X.I.- T il . r . .-
proper testimony. W e bave in our preliminary
remarks indicated what is the real subject of in
vestigation of the commissioner ef boundaries
and tbe nature of the testimony which is appli
cable, and it is apparent that no survey even one
founded on good information can be anything
more than secondary evidence, when it has been
proved to bave been so founded, and can be no
evidence in itself without proof that it is the
expression! original, Kamaaina direction. -
Jioreover tne purchaser ot Waikapu took his
patent in view ol Section 10 of the Act of 1808,
which is, " lhe Minister of Interior is not au-
thorizyd, and is hereby forbidden to issue any
patent from and after the passage of this act, in
Confirmation of an award by-name made by
Commissioners to Quiet Land Titles, with
out the boundaries being defined in such pa
tent according to the decision of some commis
sioner of boundaries appointed under the act, or
by the late sole Commissioner or the circuit court
or Supreme Court on appeal."
It is true this patent was not issued in confir
mation of an award, the land belonging to the
government, which by this granted a title in fee
simple and without commutation, yet it cannot
be taken to bave confirmed any boundary which
had never been legally made and was nowise ex
pressed in it, neither can it be set up that the
good laith of the government was given that tho
land followed any survey in existence, lhe pos
itive statute requiring that lands for which pre
viously a patent without survey had issued should
bave their boundaries debned by this tribunal.
must have held to apply with at least no less
force, to such a patent issuing after the statute
was in existence, lhe proceedings to settle the
boundary of Pulehunui, which must settle that
of Waikapu where they join each other are not
affected by this map of Wailuku nor bj the fol
lowing 6ale ol ten lots.
lhe contestants also introduced as a witness
Mr. Kcohokalole, who said that he had surveyed.
I'ulehunui about twenty years ago. lie said be
had made his survey alter the direction of a par
ty of Kamaainas, and that be thought, as he re
membered it, that he had found the line between
Waikapu and Pulehunui more conformed to that
on the Waikapu map than that on the Pulehu
nui (Monsarratt) map, but said that as he had
surveyed there was a coast line aud fishery, which
tbe aikapu map does not allow, and that the
weft end of Pulehunui reached to the sand and
that it bowed in toward Waikapu, inscead of
Waikapu bowing into Pulehunui. We do not
quote this evidence as being quite admissible,
but in order to dispose of all that came before us.
It does not support the appellants case, but, for
what is worth goes to show that Pulehunui had
a coast line asclaimed and such a western bound
ary as p-etitioner claims.
It thus appearing that the decision of the case
must depend on the testimony submitted at tbe
first trial we make what futher examination of it
is necessary, briefly, for we have already indica
ted in our preliminary observations the control
ling principles in such cases.
Looking at the testimony of Homai, Kalama,
Imihia and Kckoa, we find that they are all of
the class of men called Kamaaina born and hav
ing spent all their lives on Pulehuhui or the next
lands, who therefore bave a reason to profess a
knowledge of the ancient, traditional lines of
boundary. Hamai whose parents had in charge
this land, had himself the office of caring for the
fishery. Whether Pulehunui had a fishery or
not, which was in his charge as a Pulehunui
man, was a fact that he could not make a mis
take about. All petitioner's witnesses agree to
the fact that there was a fishery and a coast line,
and they define the extend of it by existing
natural limits, namely from the sand spit Kihei
to the point of rocks Kalae-a or Kalaepohaku.
One tTrc one side of Kihei was Waikapu, on the
other Pulehunui. But the claim of appellants
cannot be made, on any of the maps offered by
thctu without cuittiog off Pulehunui at or above
Kalaepohaku. and taking in all the coast to
Waikapu. Kaupaa, the first witness for contes
tant, a Waikapu man, also takes tbe west
boundary across to Kihei and thence to Kalae
pohaku, and says that Pulehunui bad a fishery.
Opunui their third witness says that Pulehunui
went along the sea from a pond (Kealia?) to
Kalaepohaku. Kcohokalole says that the Ka
maainas who assisted him gave coast and fishery,
and no witness says that Pulehunui had no part
of the coast. As we have remarked before, this
is an issue to be established ia claimant's case.
Wc observe as to the four above named, that
they describe the boundary throughout with great
local knowledge of particulars, giving names of
points and places and the nature of the ground
which determines the line, as along a ridge, the
edge of a pali, or a gully or water course ; and
in no part of the line do they testify on surer
ground of knowledge than that which is here in
question. On the north side, far above the point of
variation, they fix the line between this land and ;
Omaopio as being along a kahawai, or ravine.
Every witness who speaks of this part, except
perhaps Opunui, carries tha line along this kaha
wai to Pohakiikii, this rock which was a resting
place, and all of petitioner's witnesses very
strongly state that the line of Pulehunui continued
to follow the same natural boundary. Tbcy
bring it to another locality which has a ratural
characteristic ; Kaopala, where the water ceases
to have a current, baring reached the bottom of
the East Maui slope and meeting tbe slope from
West Maui. Here there is a reason for the
boundary turning from its westerly course, and it
turns at Kaopala and goes to the Kealia pond,
along the depression or kahawai formed by these
slopes. We are impressed that this line is a nat
ural and probable one, and that it is such adds
weight to the testimony given for it. Our pre
liminary observation respecting tbe tendency to
observe natural lines applies here. On the other
hand, what is the testimony to support the claim
that the boundary leaves tbe kahawai down which
it had run at Pohakiikii and turns to the south.
Kaupaa, a witness who claims to know as a
kamaaina, says that from Pohakiikii it runs to
Keahuakapiele, mauka of these, where is a hole
dug for water ; from there to Kalaniwai ; from
there to the river (Kamuliwai). This statement
is a tald one. The next witness, Keliikoa, simply
says the boundary runs from Kihei to Pohakiikii,
and he only knows it because he once saw some
6uiveyors set their flags and make this the line.
The third witness, Opunui, speaks more like a
kamaaina. lie says tbe boundary was not at
Pohakiikii, but at a place farther mauka (east),
in this respect differing from contestant's other
witneeses. He is not acquainted with the bound
ary throughout Pulehunui, and he and others
with him give Pulehunui a coast line which we
understand to be incompatible with contestant's
0 Without further detail from the testimony of
the remaining witnesses we may say that, taking
all things together, their means of knowledge,
their consistency with each other, and the intrin
sic character of their statements, w e are compelled
to adopt the line made by the petitioner's wit
nesses. We should disregard the most convincing
testimony to take the other view. The great
weight of testimony is on the side of the peti
tioner. Evea the appellant's witnesses are more
consistent with that boundary than with the cut
It is evident to us that for some time past it
has been claimed that Waikapu extended to Po
hakiikii by the present holders ; but no question
of adverse possession enters this case. On the
matter of what was the true and ancient boundary
of the land, we agree with the finding of tbe
Commissioner of Boundaries, and hereby confirm
BT STEAMER, a Large Stock of
FIRST-CLASS BOOTS & SHOES,
LYNCH'S BOOT AND SHOE FACTORY !
Alao, n Large Lot of
WHICH WILL BE
SOLD VERY CHEAP FOR CASH.
An Invoice of GENUINE
MADEIRA WINES !
DIRECT FROM MADEIRA,
Per Ship Ravenscrag,"
IN BOND OR DUTY PAID I
Gr. W. Macfarlane & Co.
BOOK AND JOB
No. 10 Merchant Street,
Is Acknowledged to Possess (he Ilest Assort-
merit of Book and
JOB PRINTING TYPE,
Of any Other Office in the Sandicich Islands,
Well Adapted to the Superior Printing
POSTERS OF ANY SIZE!
PLAIN OR FANCY COLORS.
A LS O
N E W S PA P E !l S, IULL.II E A I S,
Concert Bills, Blank Notes.
Boad Notices, Bills Lad inf,
School Reports, Prices Current
Ministerial Reports, Pamphlets, Books
Tax Bills, Lectures, Bonds, Briefs.
Concert Tickets, Festival Tickets,
Steamboat Tickets, Excursion Tickets,
Depoiit Checks, . " Shipping Receipts,
Insurance Policies, Ceitiflcates of Deposit,
Certificates of Stock, Bills of Exchange
Tags o every style.
Rewards of Merit,
Dry Goods Tags, .
Orders of Exercises,
Hills of Fare, Show Card
With ample Materials of Newest Styles
FAST PRESSES, AND GOOD WORKMEN,
We seldom failin giving satisfaction to our Patrons
NO. 16 MERCHANT STREET.
Sug.tr Plnut For Sale.
Tlir lndtrslsDtd sffrr for sale the fellawlsg
MACHINERY, viz :
Sugar .11 ill,
Vacuum Pan & Pump !
which can be eta at the Booo'.ala Iron Works. Alto,
Double Effect and Centrifugal Machines,
Dow on the way, ao4 described ai follow:
Three (3) Compound Boilers, each 7 feet in diameter, and 25
feet long, with Cue 3 inches in dimmer?, and containing 6
Galloway Tabes; Combustion Chamber. 8 fret to length; and
S4 four inch Tuoes, 8 feet long; Shells of Boilers i inch; Flues,
i l-io loco; ana lleads. incn Iron. Boilers stayed and riT
eted in the best manner, and complete with all necessary
mountiofts and fixtures.
Also, two (2) Compound Boilers, each 6 fret in diameter,
and 23 feet long; with flue tO inches in diameter, and con
taining 4 Galloway Tubes; Combustion Chamber. 2 feet In
lengtb, and 72 four inch Tubes; Shells and flues of inch,
and beads of 4 inch iron; all properly rireted and stayed, and
complete wun an necessary mountings, c.
Ooe (I) Improved Sugar Mill, with rolls 06 inches long and
30 inches in diameter, with tbe iron work for cane carrier, 40
ieet long, and complete wi;h all latest improvements and sub
stantial double gearing to connect with ecgioe.
Gr I aST JE!
One (1) Putnam Steam Engine, with cylinder. IS inches in
diameter, and 42 inch stroke of piston, fitted with reversing
gear, Heavy ny wneei, etc.
One (1) Cast Iron Vacuum Pan, 7 feet and 10 inches In di
ameter, 10 feet hiph, fitted with 4 four inch seamless copper
coils, and arranged fur the use of both exhaust and direct
One (1) Blake's Direct Acting ir Pump, with steam cylin
der, 14 inches in diameter; air and water cylinder, IS inches in
ammeter; ana men stroke oi piston.
DOUBLE EFFECT EVAPORATORS !
One (1) Double Effect Apparatus made by Pod ti lex tt Wood
of London, complete with all necessary ir Pumps, etc., and
capable of evaporating juice to make 15 tons sugar per day.
Jlso, One (1) Double Effect Apparatus, aa above, capable of
evaporating juice to mite iu tous sugar per day.
Four (4) Centriiugal Machines, Weston's Patent, with iron
frames, made Dy Messrs. Altmees, Tait ol. Watson, of Glasgow.
J. O. CARTER,
n22J Executors of the Will of lex. Hutchinson, deceased.
At J. H, Lynch's Manufactory
MAY BE FOUND.
First-Class Boots and Shoes I
Hunting and Riding Boots and Bhoes,
Cot up In Flrst-Class Style, and A GOOD FIT Guaranteed.
A GOOD STOCK OF ALL KINDS OF
Ladies, Cents, Misses and Chil
"FVftm th "RpRt. P.flntprTi MTiTifar.t.fri '
Whirls Will Be Sold Cheap far Caah.
ALL OKMEflS FROM THE OTHER ISLANDS PROMPTLY
oil ATTENDED TO. tf
SAN FRANCISCO. ,
MANUFACTURERS AND IMPORTERS
A J. 1 I) K H C II I P T I O N H
PARTIES IN HONOLULU,
or other parts of the Islands,
nP.QIRINH FURNITURE f
CAN HATE THEIR
Orders Filled at Lowest Rates
- By application to Mr. E. P. ADAMS. Queen 8treet,
who has our Descriptive Catalogue with Prices.
O jST HA. 1ST D !
At Store of L. W. IIOPP, King St.,
Black Walnut Bedroom Sets !
Black Walnut Sideboards,
Black Walnut Dining Chairs,
Oak Cane Beat Dining Chairs,
Cedar Bedroom Sets,
Pine Bureaus, Ac, AC. ,&o.
E. P. ADAMS, Agent for Haw'n Is.
Co-operative Tailor Store,
Fort Street, Mclntyre's Block,
Another Invoice Lot of
Diagonals, Broadcloth, Doeskins,
Serges, Tweeds and Trimmings,
Just Kereirrd, ex Bark Viola.
Our Stock contains the Finest and Best Selected Material for
Suits ever imported in thia Kingdom.
Tweed Suits for $30.00 !
Cannot be made eUewhere for the money, and just
tbe thing for this climate,
Strong Durable, Cool, Well Made,
StjIUh and Perfett Fitting !
Country Orders filled with our usual promptness and dispatch.
CASES lib AND 21b TINS,
in perfect order.
80LLE3 b CO
DEEP. PORK, HAMS. BACON, CHEESE,
MM L&ra, rc, Arc. cor Bale by
B0LLE3 4- CO.
-W--'-- tit a-J--n-fflw'iiiiiV'r fnm
General llercliandisc !
Offers to the public, the best assortment of
Dry Goods, Groceries & Hardware
To be fvunj in Ilamakua, at very lowest rates.
Do net mistake lL place,
W. DART'S NEW STORE.
OFFERED TO FAMILIES
Sold in tliiss Markot,
Anti-Dyspeptic Cocoa or Chocolate Powder
Guaranteed to contain nothing but
Cocoa of tho Finest Quality !
IT 13 Til K MOST
For Children as well as fur the 8trong anJ Healthy, lias
FOUR TI M ES the strength of Cocoas Ih tokened
with Starch, 4c. It will bear the
STRICTEST CHEMICAL INVESTIGATION
Keeps in till Climates.
XT Virtctia'it to he found trilh each Tim. JCX
I ALSO OFFER TO THE PUBLIC
Hudson's Extract of Soap,
The best thing known for washing and cleaning Clothes,
Linen, Dands, Floors, I'aint, China, Glass,
Plate, and all kinds of Karthenware,
4 c, Ac, Ac.
WOll SALE IBY
A. V. BUSH,
No. 62 and 64, Fort Street.
A. W. PEIRCE&C0.,
. (AT THE OLD STORE)
Queen Street, Honolulu, H. I.,
WHALING GEAR OF ALL KINDS,
Whalebnats, Boat Stock, Anchors, Chains,
Hemp and Manila Cordnge, Duck, Naval Stores,
Paints and Oils, Brass and Galvanized Marine Hardware,
Sailmakers' Goods, tloaibuilders' Hardware,
Hay, Oats and Bran, Etc., Etc.
Would Inform our friends and patrons, that we have now on
hand the most complete and varied assortment of
SH!P CHANDLERY !
SHIP & NAVAL STORES,
and otbr Goods in our line, to be found on the Sandwitb Isl
ands; and having a new lease, for a term of years, of the old
stand, so long and favorably known by the people of the
Sandwich Islands, and by the Master and Owners of Whaling
and Merchant Vessels, and with our New Fire-proof Store and
Store house near by, giving us unequaled facilities fur keeping
even a still more complete and varied assortment of all the
Goods in onr line, large additions to which we have ordered
from the United States and Kurope, all of which we offer on
the most favorable terms.
Coils Threads, Coils 9 Threads, Coils 12 Threads.
Coils li Inch, Coils U Inch, Coils 1 Inch, Coils '2 Inch,
Coils 2i Inch, Coils 21 Inch, Coils 2 Inch.
Coils 3 Inch, Coils 3i Inch, Colls 31 Inch. Colin 3 loch.
Coils 4 Inch, Coils 41 Inch, Coils i Iurh. Coils 6 Inch.
Cutting Falls. Manila Bolt Rope, Sisal Hope, Bale Rope,
Hay Kope, Manila Lath Yarn, Galvanized M ire Hope,
Wire Seizing, Deep Sea Lead Lines, CO Pathotn Log Lines,
Lines for Patent Log, Signal Ilalyards, Fish Lines.
1 inch, 1) Inch, 2 inch, 2J inrh, 2J inch, 2 inch,
S inch. 3) inch, 3 inch, 3 inch, 4 inch. 4) inch, 6 Inch,
6J inch, 0 inch, 61 inch, 7 inch, 71 inch, 8 Inch.
R. AT I.I X 12 thread. 16 thread. 18 thread. 21 thread.
SKIT N' V A RN 2 yarn, 3 yarn.
SEIZINU-8 thread. 0 thread, VI thread.
Marline, Ilouseline, Hambrollne, Rounding, Russia Bolt Rope.
Nos. 1, 2, 3, 4, 6, 6, 7, 8, 0, 10. Ravens, Drills, 4c e.
Merchant Navy, all numbers; lng Flax, all numbers;
Parslin Yards, Hemp Twine, Cotton Twine,
Whipping Twine, Sail Needles, Roping Needles,
Packing Needles, Beeswax, Sailors' Pitlm,
Sailmakers' Seaming Palms, Sailmakers' Kopliiir Palms,
Sail Hooks, Galvanized Iron Clews, Galvanizi-d Tlumliles.
Brass Thimbles, Open Thimbles, Thimbles lor Wire Kope.
Sister Hooks and Thimble, Flags.
Anchors from 40 lbs. to 2400 lbs. CIihIms from 1 in. to 1 in.
Capstans. Wii.dlass Guar, Brans boat Com paknes,
Brass fehip Compasses, Tell Tale Compasses,
Ritchies' Spirit Compasses, No. 1;
" " No. 2;
" " No. 8;
Sheathing Felt, Yellow Metal, Sheet Laad, Fog Horns,
Lilly Irons, Grains. Cork Fenders, Uoly Stones,
Capstan Bars, Handspikes. Mast Hoops. Lead Figures.
Corn Brooms, Hickory Brooms, Hatan Brooms, L'ocoauut do.
rump Ueatner, KlgKing Leather, Ualvaniaed Moat nails,
Galvanized Scupper Nails, Galvanized Cut Nails,
Galvanized 8 weed Iron Tacks, Composition Nails,
Cat Nails, 3d to 60d; Finish Nails, Iron Tacks,
Copper Tacks, Oat ties'! Copper Tacks, round heads;
w rought Boat Spikes, Handled Axes, Wood Haws,
liaud Saws, Claw Hatchets, Shingling Hatchets,
Hammers, Screw Wrenches, Top Mauls,
Caulking Mallets, Caulking Irons, llawsii.g Irons,
Hawsing Beetles, Jack Planes, Smooth Planes, Bitts,
Bitt Stocks, Kulcs, Nail Gimlets, Spike Gimlets,
Handled Brad Awls, Screw Drivers, Cold Chisels,
Chain Punches, Copper Punches, Marlin Mpikcs.
Flat Files, Hair Round Files, Saw Files, Grindstones,
Grindstone Fixtures, Brass Screws, Iron Screw ,
Hasps and Staples, Copper Wire, Kraas Padlocks,
Iron Padlocks. Composition Port Hinges, pairs;
Composition rtlrap Hinges, pairs;
Galv. Iron Row Locks, Galv. Iron Belaying Pins
Locust Belaying Pins, Hickory BeUying Pins, Lizard,
Fair Leaders, Parrel Trucks, Mast-head Trucks,
Serving Mallets, Serving Boards, Chain Hooks,
Hay Hooks, Galr. Boat Hooks. Galv. Jiti Hanks,
Wood Jib Hanks. Wood Pumps for Water Casks,
Galv. Screw Anchor Shackles, Chain Miackles,
Anchor Shackles, Ship Scrapers, Higging Screws,
Wrist Shackles, Patent Links, (Jars, from 6 to 22 (eel; '
Metalline Blocks, patent) Blocks, oommont
Blocks, iron strap, patent; Blocks, rope strap, patent;
Blocks, rope strap, common; Snatch blor-ks,
Blocks, wide score lor main abeet;
Blocks, lignum vita-, for jib sheet; Patent Sheaves,
Common Sheaves, Dead Kyea, Hearts, Bulls Kyes.
PAINTS. OILS, ETC.
Raw Oil, Boiled Oil, Kerosene Oil,
Whale Oil, China Nat Oil, Lard Oil,
Woodward's S'gnal Oil, Tar Oii.
Bright Varnish, Black Varnish,
S. Turpentine, Coal Tar, Patent Dryer, Hid Lead,
White Lead, Bisck Paint, Green Paint, Red Paint,
Yellow Paint, Blue Paint, Metallic, dry; Lamp Black,
Chrome Yellow, Chrome Green, Prussian Blue,
Burnt Umber, Chinese Vermillion, Copper Paint.
Potash, Concentrated Lye. Sai Soda. Clue, Putty, Chalk,
. Black Lead, for sheaves; Tar. Pitch, Rasln, Uakam,
Pitch Mops, Flat Paint Braihes, bound Paint Brushes,
Varnish Brushes, Whitewash Brushes, Marking Brashes,
Pencil Brushes, Stove Brnahes, Shoe Brushes,
Dust Brushes. Long Handled Tar Brushes, Flue Brushes, .
Seam Brushes, Scrub Brushes, Sash Tools,
Log Books, for 120, 240 and 360 days; 14-second Glasses,
Patent Logs, Steel Shovels. Scoop t-hovels. Rubber Oilers,
Brass Oilers, Lamp Feeders, Lanterns, Side Lights, tin;
6kie Lights, brass; Fresnal Signal Lights, zinc;
Fresnal Signal Lights, brass; Cabin Lamps,
Lamp Wick, balls; Fiat Wicks, di z.; Lamp Burners,
Lamp Chimneys, Cotton Waste, lbs.; Bath Brick,
Brown Soap, Salt Water Soap, Cups and Saucers,
Tumblers, Knives and Forks, Spoons, Chopping Knives,
Chapping Trays, Sieves, Coffee Mills, Dust Pans,
' Wash Basins, Mincing Knives, Blubber Forks, Boat Boards
Boat Timbers, Boat Knoes, Boat Nails, all sizes; '
. Most Hinges, Steering Braces, etc. .
Wlialeboats, Whale Irons, Whale Lance,
Brand's Bomb Guns, Brand's Bomb Lances,
ferry Davis' Pain Killer, Pierce's Magnetic Truss.
Beef, Pork. Bread, Crackers, Preserved Meats, Flails,
CALIFORNIA HAY, BRAN, OATS, &c.
jal 8 '79
' .v 1