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- AGRIGULTUBAL IMPLEMENTS!
PARIS. PLOWS, PARIS PLOWS, PARIS PLOWS !
PAR Warranted the Genuine Article, and none made but for
CASTLE & COOKE,
M SOZjB AGENTS
And to Arrive by the Bark Coringa, from Boston.
ARE PREPARED TO TUT THESE PLOWS, SO WELL AND FAVORABLY
knowr, as the best breakicg op Plow for Cane Land crcr ued in this country,
At Lower Rates than Ever before Sold.
Extra Beams, Handles, Points and Sides also to arrive per Coring.
ALSO, ON HAND
Ear No. JO and 2 Plow,,
XI and XO Cast Steel Hone Plow,,
No. SO and 40 Call Steel Molioe Horre Plows.
Parit Plow, No. 5, a superior Plow for one or two
jolc of cattle.
Plantation Hoes No. 1 and 2. 9-18 and 5-8 neck,
Pick and Axe Mattock,, Pick Axes,
Centrifugal Wire Plates, 12
Leather Belting, 3, 4, t and 12 inch,
Leati A Superior Assortment of Macliine Bolts and Cold Punched Nuts.
Bolts from to J in. wire by 10 inch long.
Best quality Cut Nails,
2d Fine, 3d Cut to COd Cnt Spikes,
Wrought Nails, 2 to 4 inch, pre fed.
Hoop Iron, j and J.
Rirets, 3 and i lb keg. Copper Rirets and Bars,
Wreneiis, 6 to 21 inch, A. G. Coe's make.
Horse Shoe.'. No. 1 and 2, fore and hind.
A SUPERIOR STOCK OF FILES.,
JiA'JJ UJLLV MOUJSD,
Amoskeag Denim, Ticks, Drills,
Hickory Stripe, A Cotton,
To arrive by the IMncovory.
Two First-Class Pianos which will be Sold at Bargains,
By CASTLE & COOKE.
Sewing Machines at Reduced Hates.
"Wheeler & Wilson, $50 00.. .Old Price, 75 00
Wilcox & Gihbs, .- $50 00. ..Old Price, 62 50
K"! Warranted Equal to the Best in the Markot. 3ra
H. HflCKFELD & CO.
J? O H S A. L E !
AN INVOICE OF
Selected for this Market,
Just Received Per Haw. Bark Ka Moi,'
ASSORTMENT OF PRINTS.
HEAVY nr.IJC AD KTItlPEO I) EMMS,
Hickory btrlpe. Blue and White Ticking,
Brown Cotton Drill, Blue Cotton Drill.
White Cotton, liurrocksH' Long Cloth,
Brown Cottons auorted, Turkey IteJ.
Unrn and Cotton bheeUnc linen and Hollands,
Scotch Water-proof, German Water-proof,
Bedford Cords, tlledas,
Black and Blue Broadclolis,
Cashmeres, Diagonals, ttc.
Black Lasting, Black Cobourgs,
Italian Cloths, Blaclc and Colored Merinos,
Linen and Cottcn Tbread,
fettle. Linen aud Cotton Handkerchiefs,
Linen and Cotton Towels,
Merino and Cotton Stockings and Bocks,
Asst. of Shawls, Umbrellas & Parasols
iJLrte Assortment of Shirts, and Undershirts,
Largo Asst of Superior Clothing
LBed Quilts, Blankets, Unir. Canvas,
Assortment of Burlaps, Twines, Bags and Gunnies,
FINE ASST. OF SADDLES,
Blacked French Calfskins,
JE3L st IT caLW t IT f
l'atent bheep Shears, Tin Plates, Babbitt's Metal,
BancaTln Botcher Knires, Ien and rocket da,
ectsaors, Charcoal Irons, Spurs,
Galvanized Tuba and rails. Lanterns,
Fneet Zinc. Fence Wire, Hoop Iron, Itlrets,
Kails, Perforated Brass,
Moots' Yellow Metal aad Cumposltlon,
Fine Asst. of Rhine Wine,
Fine assortment of CUret Champagne and
J &rrkUng IIoclc, Gtrman Ale, Bavarian Brown Beer.
Ola in cases. Gin In boskets. Alcohol 92 per cenL
PIPES, HAVANA & GERMAN CIGARS
Ferfutnery, Hair Oil and Soaps, Brushes and Combs,
A SMALL INVOICE OF JEWELRY
Toys and Fancy Goods, &c
Harmonicas, Feather Dusters, Blank Books,
Printing iaper. Cards, Horse Bope,
and Seizins;, Caustic Soda, Palm Oil,
Hubbuck's Best Paints and Paint Oils,
Bed Lead, Venetian Bed, Yellow Ochre,
Market Baakeb, Eemljohns H to i rations,
Coal Tar, Stockholm Tar, Bricks, SUtea,
Empty Petroleum Barrels, Empty Syrup Barrels.
K iv and Old Oil bhooke. Bum Containers,
Oak Boats, Cutch and Gambler, Birch brooms.
All Goods at Lowest Market Rates
And on XJberal Credit.
C5T Order! from the other Islands promptly executed.
A. W. PEIRCE & CO.
Offer for Sale
WHALE BOATS AND BOAT STOCK,
cfej 33:r.Etc3L !
Lime and Cement,
By Steaaer froa San Francisco,
Potatoes, Onions, &c.
Brand's Bomb Lances,
Perry Davis' Painkiller,
Panloa Salt Works
AND TO ARRIVE,
Grabbing Hoet, Cane Knires best quality.
Ames Sborels and Spados.
r.ecd'a and other makes of Spades and Shorels alio
Hoe. Spade. Axe. Adze, Pick and Sledge bandies.
Rakes, Trash Forks, Bush Scythes.
Axes, Cane Haubets, Centrifugal Brushes,
and 14 inch by 8 feet, Fine.
Galvanized Clotb, assorted mesb,
Ttn..'. ..,A Ttf tr. n:i
Turpentine. Varnish, Boiled and Raw Oil,
OxToles, Ox Bow;, 1. 13 and 2 inch.
A full assortment of Auger Hits belt quality.
Bit braces. Socket, Firmer aud Framing Chisel, 1
to 2 inch.
Builders' Materials, Locks, Butts, Screws,
Padlocks, llamuiers. Levels, Ac.
ROUXD, SQUARE, TAPER, FLAT
all sizes from (i to 18 inch.
Finest, Fine and Medium Bleached Cottons,
I Finest. Fine anTTMediutn White All Wool Flannel,
WILDER & CO.,
Importers and Dealers in
ALL DESCRIPTION S
iWWcst Scantling, Boards !
Tongued Jt Grooved, Surfaced,
Planks, Battens, Pickets !
1 in. I 4, lxi, and IsC, for
Scantling, Boards, Flank,
Battens 1x3, 1x4, and
Pickets Hough and Fancy,
Surfaced Boards and Plank, 7-8 to 2 in.
Tonsucd and Grooved
TIMBER FOR SHIP USE
2x12 to 10x16;
Clear Nor'West. for Planter's Use
EASTERN "WHITE PINE,
California and Eastern Doors, all sizes
SASH, all rites ; BLIND, all sites ;
WHITE LEAD and ZINC1
I'AIAT Olt SMALL IAIXT CIIKA1',
l'utty and Varnish,
Glass, So. 2x2 and 2,
Wall Paper and Border
Iron and Tinned Tacks,
Paint and Whitewash Brushes,
METALLIC AND FIRE-PROOF PAINT
For Plantation or any Otber Use,
Butts and Hinges,
Hooks and Eyes, te.
Salt in Quantities to Suit.
SUGAR MACHINERY, &C.
milE IXDERSIGJIEn AnrpRrpinmTn
X furnish estimates for Su?ar Machinery, ic., either
to he made at the HONOLULU IRON WORKS, or to be
Imported from OLAhOOW by a Teasel to leave that port
tllll JlllP A. Inmur nav, nk...,l f
In February, 1ST8.
Tlioy 331nrro on, aud,
For Sale ONE SUGAR MILL AND GEAR,
ALSO. ONE OB TWO SIZES OF
Second - Hand Sugar Mills !
Gear and Power, whtth mr be rtellvered In a few
ALSO, FOR SALE TO ARRIVE!
Ea S3 Is. "fc a, XL l3L !
Trom Glasgow. Due in June Next,
6,500 Gallon Clarlflors.
Fonr Fairs Weitoa'a Cctrlni?al Machines,
ALSO. OS JTAXD AJCB FOB SALE,
China BuBdlajt Brlclc, Portland Cement, Fendns; Wire
Hoop Iron. Best Assarted Bar Iron East India Bice,
China MatrJnc, Ac, ic
WhicJi Kill be Sold in quantifies to Suit,
at the Zoteest Market Rates.
V. B Those Planters who are contemplating tncreasr
Ice the capacity or their milla, may bear of a pirchastn
for their old mllla, tear aad power, by as early application
to the undersigned.
en USEES, MACrABLANE & CO.
AN ISDErEIfDENT JOUENAL.
DEVOTED TO HAWAIIAN PROGRESS.
PUBLISHED AXD EDITED BY
HENRY M. WHITNEY.
GEORGE II. DOIE, Associate Editor.
WEDNESDAY, MA' 23. 1877.
Supreme Court of tlie Huivnilan !
luudK April 'IV rm, 1877.
CHAS. C. HARRIS rs. . A. P. CARTER,
J.M. SMITH, and J. 0. DO MINIS,
Commissioners of Crotcn Lands.
This is an action of eject men t. The complairt
was filed January 20th, 1875, am) on the same
tiny service waa admitted and the j'iry waived by
the then Uommissior.eM of Crown Land J. S.
Wulker It. H. Stanler and ,T. O. Domtnis.
-On the 20lh Janu.iry, 1877, the present Commissioners
were enhuttotcd as defendants on
motion of the plaintiff. The plea of the general
issae was then filed by plaintifTd consent, and
the case argued and submitted on the 23rd of
The plaintiff claims title to the Hi of "
in the Ahupuna of rCiilati, Kuolaupoko.
Oalui. and to the Ilia of ' Kuluapuhi,''
" Kuou," ' Wuikalua." Keauhala." -
and " rCnnoliuulniwi," in tbe
of Kaneohe. Ivoolaupoko, Oaliu ; and eLoks
:n evidence as follows :
(1.) Tbe "Mabele or " Great Division" of
1848. of the Abapuaas of Kuilua and Kntieohe
to llukaleleponi Kalauia, the Queen of Katne
(2.) Awards of the Land Commission to Queen
Kahuna, dated Miiy 20th, 1854, issued April
13tb, 1855, upon claim No. -1-152, designated as
Apanos 12 and 13, for the Abupouas of Kailua
and Knneohe respectively.
(3 ) Will of ICaniehamelia III., who died
15th, 1854. dated the 2nd day of April.
1853, admitted to probalo January 27tb, 1855,
in which tbe said Abnpaaas of Kailua and
are. nith otbir lueds, devised in fee simple
to Queen Knlamu.
(4.) Tlio admission that Queen Fvnlnma died
intestate 20th September. 1870. leaviuj; as her
heir at lax His Highness Uliaj. Kmaina.
(5s) Deed of Charles Kunaina to the plninliff
dated 1st of May. 1871, of ull the right, title,
and interest which the late Queen Kuluma possessed
at the time of her decease in and to the
Abupuuas of rCuiluaund Kuneohe.
The plaintiff claims that, hy virtue of the
above recited chain of title. Queen Kalama was
entitled at tbe time or her decease to the whole
of the Ahupunas of Kailua and Kaneuhe, aud to
the aforesaid His of Kawziloa in the Ahupuaa of
Kailua uforef aid, ami the said His of Kaltiipulii.
ilulekou, Kuou, Wuikalaa, Keaahala,
und Kanohoiiluiwi in the Abupuaaof
Kaneuhe and which are iucluded in and are a
part nf the eaid Abupuaas, aud which by deed of
C. Kunaina are conveyed to the plaintiff.
It is clear to me that the. plaiutiS'ti title is not
affected by the fact that the Mahcle of 1848 of
theite lands was made by the Kin; to his own
wife. Kuluma was Kamehameha Third's Q'leen,
but she nas also his subject, and so far as this
Muhele is concerned could take direct from the
Kin?, her husband. like any other chief.
It is also clear that the title to the Aliupnaaa
of" Kuiluu" and " Kaneohe- is in the plaintiff.
The principal question remains to be considered,
viz : Dd the grants of these Abupuaas include
aud carry wtlb them the so ' Crown Ilis,"
above enumerated? I suppose it will not be
questioned that the grant of a tract ol land
which is described either by survey or in .nay
otber sufficiently definite mode, mil be held to
include all that is within its boundaries. This
may be illustrated thus : If a man sells bis
the conveyance will he held to include the
fountain or the garden which is in the house-lot.
So u grunt of un Ahupuaa will include the
grantor's fish-ponds or kalopatches lying within
The argument is mado that an Iliaina is a
or subdivision of an Ahupuaa, and therefore
the prant ol an Ahupuaa includes the His lying
within its circumscribing boundaries. And this
reasoning is applied to the present case as follows
: When Kamehameha grunted, at the great
Muhele, the Ahupuaa of Kaneohe to Kahuna,
he grauted whatever made up that Ahupuaa;
that is, all the His within it, net granted to other
Here it becomes necessary to examine the
nature of the land tenures in this kingdom and
particularly the nature ol the great Mahele ol
1848. As to the former, the ' principles adopted
by the Hoard of Commissioners to Quiet
Lanu Titles" (2 Haw. Statutes, p. 81, et seq ) furnish
U3 a clear exposition, and in the invesliga
tion of the latter 1 have been much aided by The
decision of the lull court in 1E61. "in re Estate
of His Mnj'esty Kamehameha IV," written by
the late Mr. Justice Hobettson, our best authority
on such matters.
It seems that after long and patient investigation
m which the patriotism of tbo King and
Chiefs was often severely tested, it was finally
settled and fully established that there were but
three classes of persons having vested rights in
the lands of this kingdom. First, the King;
Eecond, the landlord (comprising the Chiefs aud
Konohikis) ; third, tenants (who afterwards became
" Hut as teach of these
classes had rights in most of the lands, in a descending
scale, a3 it were, it became necessary to
Eeparato'and define the rights of each or, rather,
to partition in severalty to each one his proper
dbare of the whole. It was finally settled that
the King Bbould allow the landlord (2nd class)
ono third ; the tenants (3rd class) one third ;
nnd retain himself (1st class) one third.
Tbo " Mahele Rook," which was put in evidence
and which I have carefully studied, is to
my mind in effect and substance the record of
the various deeds of quit-claim between the King
on the ono hand and the various Chiefs and
landholders on the other, of their several interests,
each to the other, in the various lands of
After all these preliminaries were settled, the
work began, and the first Mahele was made be
tweeo the late Princess Victoria Kainamalu (by
her guardian?) and the King on the 27th dav of
January, 1848. This work continued on Trotn
ono Cuicf and Konohiki to another with the
King, taking op ono island after another and
going on regularly from day to day, and the last
Mahele was signed on the 7th March, 1848.
As an example I copy here the transaction between
Queen Kalama and the King, on one page
of the Mahele book (to witt 14G) :
" Ko Kamehameha IH.
"2J different Ills
lo Walluku. Paull Kom. MauL
" Ka ae aku net au i keia Mahele. ua maikai. Ko
' ka Moi n' Aina i kakauia maluna. Aohe o'o
" koleana maloko.
" Hazaleleponi Kapakuiiaiu. rL.s.1
" Hale Alii, 11 Pebr., 1848." J
Translation of tin above.)
"1 hereby agree to this division ; it is Balis-factory.
The lands above inscribed are the
King's ; I have no right to them. "
Hazaleleponi Kapakl'uaili. Tl-s-I
Palace, 11 Febr., 1848."
On the opposite page, (148) :
Ko HAZAi.Ei,Eponi "Kalajia: " i
".. Anupuaa Puna ilaw3i
Kapalaalaea... " Kona -
KaJahuipuaa,,IUno Walmea. KohahV
Anaehoomalu, " ,, ., " ,
Walplo Ahupuaa. "llamakui! """
Kaobe Ill no Walluku.. Iiiull Kom""Maul
Puhlawama... ., m ., " '
Lemukee,,,,, ' . , " .,
Puuohala...,, . " ,. "
Slanlenle ..,, ' " . '""
Walnahxlulu.. Honolulu.'."Kona JJLoahu
K111" Ahupuaa Kouluupoho.
Jaiieohe... ,. , ,,,
JIatlpun .'.'.'.',1 " I"
Ke ne aku nei au i keia Mahele, na tnaikai. No
Hazaleleponi Kalama na aina i kakauia maluna ;
na ae ia ku e biki ke'Iawe aku imua o ka Poe
Hooaa Kuleana. ,-
, Kaueiujikha. la I
Hale Alii, 11 Feb., 1848. J
" I hereby agree to this division ; it is satisfactory.
Tbe lands above inscribed are
Kalaraa's ; she has permission to take
them before the Land Commission. " ' "
Palace, 11 Feb., 1B48.
The Mahele being completed on tbe 7th of
March. 1848, the King's suzerainty over the
lands held by bis Chiefs and other individuals
was at an end, and tha list of lands ia which the
interests of the Chiefs and lesser Konohikis had
thus been released, became the King's.
But tbe Mahele, as Judge Robertson expresses
it in the decision above referred to, granted the
lands to tho Chiefs "by freehold title, certified
to the Land Commissionor its formnl awird,
capable or being converted into un allodial title
by paj merit to the government of a commutation
lo be fixed in I'rivy Council."
It appeared to tbo King that the land thus
released to him might be subjected to commutation
in like manner with the lands of the Chiefs.
To quote again from the decision in 2 Haw.
H. p. 722. M The records of the discussion in
Council chow plainly Hh Majesty's anxious desire
lo free his lands from the burden of being
considered pubic domain, and also his wish to
enjoy complete control over his own property.
' Moved by these consideration! and by a desire
tti promote the interests of his kingdom, he,
proceeded with an exalted liberality to set apart
for the use of the government the larger portion
of his Hoyal Domain, reserving lo himself what
he deemed "a reasonable amount of land us bis
" To effect that object be signed and sealetl on
the 8ih March, 1848, two instrument contained
in tbe Mahele Honk. Tho first is as follows :
"Know all men by these presents that I,
HI., by the Grace of Cud, King of
these Hawaiian Islands, have given this duy of
my owo free will, and have made over aud gut
apart forever to the Chiefs anJ people the larger
purl of my royal land, for the use and benefit of
tbe Hawaiian Government ; therefore, by this
instrument, I hereby retain, or reserve (' hookoe"
in Hawaiian) for myself, my heirs and successors
forever, my lands inscribed un pages 178. 182,
184. 186, 100. 194. 200, 204. 20G. 210, 212, 214,
216 218. 220, 222 or this book, these lundsrare
set apart (or separated off) for me, my heir' and
successors forever, as my own property exclusively.
Signed with my name and my seal at Ilule
Alii this 8th duy ol March. 1848.
Signed and sealed in presence of Keoui Ana,
G. V. Judd.
I mark this deed "A."
On the opposite page of the Mahele Book tha
folio" ing deed is inscribed, having the sumo date:
" Know ull men by thete presents that ,
HI., by the Urace of God, King of
these Hawaiian Islands, do hereby give, make
over and set apart forever, t tbo Cuiels and
people of my kingdom, und convey ull my right,
title and interest in the lauds silliated here in the
Hawaiian Islands, jnscribed on pages 179 to 225
both inclusive, of this book, to have and to hold
to my Chiefs and peop'e forever. These lauds
urn to be in the perpetual keeping of tha Legislative
Council and or
in that of the Superintendents of said lands, appointed
by them Irom time to time, and shall be
managed, leased, or sold, in accordance with the
mil of suid Nobles and Representatives, for the
benefit of the Hawaiian Government and lo promote
the dignity of the Hawaiian Crown."
Signed and sealed, elc.
This deed I matk ' H."
Thid deed was executed the same, day as the
first one above mentioned marked "A." und preceded
it, as is evident from the allusion to it in
the deed "A." This last deed (B) is the conveyance
by the King to the Government of the
Government lands. Strictly speakipg, the deed
m rked "A" was not uecessary ; fur, the Kin?
being as Sovereign, the owner of ull the lauds of
the kingdom, and tho Chiefs -and Konohikis having
by the Mahele released their feudatory lights
in a large portion of them by name, when he
deeded to tho Government u portion of these
hvids, vi bat remained Here, of course, his own.
Hut for greater certainty tbe " deed of reservation,"
so called, was made. His title to these
lauds was complete without this deed of reservation,
for the outstanding claims.in them were released
lo him by the Mahele.
Oq tho 7lh of June. 1848. tho Legislature
passed "Jn Act relating to th. lands of His Majesty
the Kiny and of the Government." This
act will be found in tbe Civil Code, p.p. 374 to
402, both inclusive.
In the case of the Estate of His Majesty Kamehameha
IV.. this act is called merely confirm
the King's previous action. " Tho Legislative
Council simply intended by that net to
ralify what had already been done by the King
in Privy Council, und hereby bind the Nation to
its faithful observance forever."
Certuinly the King's titla to hi3 lands doos
not dato from this act of the Legislature.
On page 220 of the " Mahele Book." the
which are the subject of this suit, are inscribed
among the Kiug's lands reserved. In
the eecond volume of the ' Mahele Book." as it
is culled, which is however hut n summary or Index
of the lands of kingdom arranged by
Islands and Districts, I find on page 98
Kailua II. Kalama
Kawalloa IIU Majesty
On page 100,
Kaneohe II. Kalama
Hclekou Ills Majesty
Katiohoululwl , ...
Walkalua. , , ,,,.
I do not place much importance npon this as
it was but an Index compiled in the Interior
Office and is not conclusive as to title, but it has
vulue as showing the views of those in office at
the time. I find also by referenco to the
Book that the Ilis of "Kuwailoa"nnd
were released to tbe King hy Princess
V. Kamaraalu, 27 January. 1848;
J. A. Kauwa.ll Feb, 1818,"Keaahala,"
by Chas. Kanaitia, 28 January. 1848;
by Kahonu, 2 Feb., 1848 ;"Halekou" by Ka-pa
4 Feb., 1848 ; "Kanohohuluiwi' by
Feb. 3, 1818, and "Kuon," by
10 Feb. 1848.
From all this I draw the following inferences :
That the Iliainns iu question were at the time of
the mahele known and treated as distinct from
the Ahupuaa. They had had different owners
or Konohikis nnder the King, and these Ilis. by
virtue of the maheles of the Konohikis, who released
their rights in them lo the King, and by
virtue of the King's deeds of tbe 8th of March
1848, in which the private lands of the King
were separated Irom those of the Government,
these Ilis thus became absolutely tho King's
subject to the rights of tenants (Kuleanu.men)
whose titles were being Bettled by tho Land
The Mahele Book shows that the King reserved
"Linds" of all denominations, not
merely, but "lliainas" as well. Iliainns
were treated as separate from the Ahnpuaa. In
one case, "Wailuku," Maui, all tho His were
"maheled" to different Konohikis and only the
Ahupuaa remained to the King.
In the Ahupuaas of "Kailua" and "Kaneohe,"
numbers of Ilis were or released to
various Chiefs nnd Konohikis by the usual form
of Mahele Certificate, which directed the parties
to "the Land Commission for formal award of
Now although these maheles wore executed
day after day until tbe work was completed, it
.was bec'iusa it was too great a task to be ull
completed in one day, and they might well have
all been datod on one and tbe same day. It was
all one. act. None of the maheles by the King
to anyCbielcoald claim by&virtne of its earlior
date any priority or superiority of title ove'r tbe
mahele by any.1 Chief to
The whole wor!c was one scheme ; one part
was contemporaneous with .every other part.
The mahele executed by the King to Queen
Kalama fof tbe Abupuaas of Kailua and Kaneohe,
surrendered these lands to her ; the various
maheles executed by the Princess
Chas. Kanaina, and others, of tbe lliainas in
question released all their rights in them to the
King, who already held the superior title in
them as sovereign.
I cannot see therefore, how, in any manner,
the deed of the King of March 8th. 1848 formally
reserving there lliainas tu himself (which we
have-seen was unnecessary) or tha Act of Jane
7th, 1848 (which was merely confirmatory) affected
his title to those Ilis in the least. How
then conld these deeds or the Act of the Legislature
referred to, be constrned to revoke or disaffirm
the mahele of the Abupuaas of Kailua or
Kaneohe to Queen Kalama t The King's deed
oOIarch 8lb. 1848, did not affect these.
in the least. it bad no reference to them,
any mora than if tbe lliainas reserved were situ
ated in other Ahopuiaa thao these, in otber
districts than Koolaupoko, or on other Islands
I have said there were otber lliainas in these
Abupuaas of Kailua and Kaneohe which were
"maheled" to various Chiefs and Claimant'.
They look these maheles to tbe Land
and received their awards for them. If the
mahele of the King of the Abupuaas of Kailua
and Kaneohe swept off and included in them the
King's lliainas which weri within tbe limits of
these Abupuaas, the sumo reasoning would
weep.ofT. in the grant of the Ahupuaas, those
other lliainas. also within the limits of there
Ahupuaas, which were "maheled" to those other
The subsequent awards of the Land Commission
lor the lliainas of the otner chiefs would
make their case no stronger as against the effect
of the mahele of the Ahupuaa lo the Queen.
The King could not perlect his own already
perfect title tu his own No one would
seriously contend that the King was obliged to
go In the Laud Commission for Awards or Patents
of his own lands, even fur commutation
purposes, when we bear in mind that be bad surrendered
to the Government by far the greater
proportion of the lands that remained his,
which exiingu'shed completely tho Government
right lo commutation in what was lelt.
One perfect title is as good as any other perfect
The King's title to the lliainas which are subject
of ibis suit, was perfect. So were also the
title of those Chiefs who bud lliainas in the
same Ahupuaas "maheled" tu them, perfect so
fur as the Kmif was concerned : Tliy had. of
course, lo follow .the muhele np with an award
und were entitled lo Hoyul. Patents on paying
the Government Commutation.
When I say that bulb these clases of titles
uro "perfect," 1 must always be understood as
qualifying this by the statement that these
and subsequent awards were subject to the
rights or native tenants. These tenants on
out their Kuleunas, paid no commutation to
tbe Government, lor the holder of ihe award of
the Ahupuaa or lliuiuu out of which they were
taken, settled fur the whole Government Commutation.
Iu tha towns of Honolulu. Lihaina,
and Hilo the awards for Huuselots
werj subject lo commutation, there beipg no
superior Lord or Chief over theui whoso
or Hi they were included iu and whose
commutation covered Iheir's. See principles
adopted by the Land Commission page 84, und
Keelikoluni vs. Robinson 2 Hawaiian It. 547
ulso Kanaina vs. Lung 3 Haw.
I here quute from. Keelikolani vs. Robinson,
as follows: "Under the general rule that the
party holding an Award or Patent for nn
is the owner of ull tho land embraced within
its boundaries, except such portions of it as
have been awarded by the Land Commission to
other persons, it is comended by-Counsel for the
Respondent that uuless the Complainant has
shown Ihat "Pakaka" was awarded by the Land
Commission lo Leleioboku or Put Kinau. the
fee of that lot became vested iu tho Queen
Dowager us a part of Waikahalulu. and that in
consequence she, and not the Complainant is
now Ihe owner of the right loimerly possessed
by Kuluimuku nnd Luleiohciku.'' "In our
opinion upon the Grant of Pakaka lo
by Kuahuinuuu, which was the sume as a
grant by the King, it ceased lor ever lo lorm a
part of Waikahalulu, as held by tbe KonoTkiki.
1 apply this reasoning lo the case before me in
this way :
Upon tho execution of the releases by Princess
Kainamalu, Chas. Kanaina and the others
(hy their maheles) of their interests in the
iu question, "ihey ceased forever lo form a,
part of the Ahupuaas us held by the Konohiki."
And our case is even stronger, for the grunt, of
Pakaka by Kuahumauu to Kaluimokii initiated
his title the inuheles of Princess Kainamalu
and the others but released lo the King an outstanding
claim in lands in which he already held
title us sovereign.
I do not deem it necessary to discuss the question
here, whether tho Land Commission had
the legal authority to put into the Land Awards
issued by Ihem, the condition ol forfeiture if the
Government Commutation was not settled within
thirty years, for a aro considering the King's
title lo Ihe lliainas in question. Ho had delegated
a portion of his authority- lo the land
Commission lo settle bis rights m the Chief Executive
of the Government in other lands with
tbe Claim ints, but bu did nut go to the Commission
for an adjudication of his own titles in what
remained ol his iwn lamN, ufier surrendering
liberally lo bis Chiefs, Konohikis and Government.
No one weuld seriously contend that the
King should have procured awards of his own
lauds from the Land Commission or signed Royal
Patents to himself fur them.
I think that erroneous opinions have sometimes
as to what are and "Bis."
An Ahupuaa has been called the "unit" of
land in this country ; but it is. by no means a
measure of area, fur Ahupuaas vary exceedingly
as to size. Many Ahupuaas nre divided iu'o
Ilis other Ahupuaas have no His in them, as
for instance Kualoa nnd Waimanulo on this Island.
There aro two kinds of Ilis. One the Hi of
the. Ahupuaa, a mere subdivision of the
for the convenience of the Chief holding
tho Ahupuaa, us for instance the Ilis orLihne
and Waimanalo in the Ahupuaa of Honouliuli.
The Kunohikis of such lliainas as these brought
their revenues to tbe Chief holding the
The other class were the '-Hi Knpono" (shortened
into "Hi Ku.") These were independent
of the Ahupuaa, nor did they pay general tribute
In some cases these lliainas are very numerous,
absorbing the larger part of the Ahupuaa.
A well known case is the Ahupuaa of"Wuiinea"
Hawaii, of which the Ilis of "Waikoloa" and
"Puukapu" form about nine tenths.
There aro some Ilis that do not seem to be in
any Ahupuaa is for instance the His mentioned
in pages 400 and 401 of the Civil Code, and set
apart as "Fort Lands" for tbe support of the
soldiers. They nre mentioned as "Ilis of Honolulu."
and yet there is no Ahupuaa of "Honolulu."
which is but a name for the locality and
I believe there are no lauds known as tha
of Manoa, Makiki, Kupalama; or Waikiki,
though there are numerous Ilis and Knleanas
awarded under these names, which I understand
to be names or localities. It may be however
that as all tbe territory of these lands was absorbed
by the Ilis and the Knleanas, there was
nothing left to be applied for or granted.
The Ilis in question fn this suit are not distinctly
named "III KuponnV this name not being
preserved in the mahele ; but all the His that
were recognized and treated in the mahele and
awarded by the Commission were nndoubtedly
"Hi Koponos." This name was dropped, for
when separated from the Ahupuaa by mahele and
Eubequent award, its necessity was gone. All
other Ilis went with the Ahupuaa in which they
were situated, and were not farther distinguished.
The inquiry just gone Into is pertinent lo the
case before us. as showing lhat tlie"Iliaina" was
a well known division of land with its own identity,
and I cannot see ho the or the
nwardofthe Ahupuaa of Kailua car-i-d with it
an Hi having its own distinct identity unless
clearly expressed or manifestly intended, and it
is not so expressed, I6r the mahele calls for the
"Ahnpuaa" only. c .
All the Actsof the King repel the idea that
he so intended it. He preserved the separate
identity of these Ilis by receiving specific releases
for them in the mahele. naming tbem in
his deed of reservation which wa3 confirmed by
Act of the Legislature.
Ilaving satisfied myself that the litla or the
"lliainas" in question' remained in the King,
notwithstanding tha mahele and award of the
"Ahupuaa"lo Queen K llama, the question remains
; Did the devise onder the Will of
to. the Queen carry these Ilis to
Article fonrthof ibe Will ag fjtow4; I
hereby rfre und devise 'o ray Qaean
Kanakuhaili tbe lands mentioned below, in
fee. in lien of her dower, if she accepts it.
These are the lans : s ff f f J p
KaIa...h,i...Ahnpnaft r.... Puna '..7!.'... nawalf t.
e ,;,.Komv; V. -1..---
KaiahuIpuaa.,.llino WalmeaKohala -.
Anaehoomalu.. ' .""."""
Waiplo Ahupuaa Hamakna"""" .
Ka'he,4c, tc.Ulno fVaOukn .',.., - ""' Jtanl
WaHfahalnlo. JIonolula..;..,..' "Koahai
Kllaa Ahnpuaa Koolanpokoi,!
Kaneohe , m '"
Article 5 constituted (lis adopted son Alexander
Libolibo (Kamehameha IV) bis residoary
devise. I cannnt tee that this devise conveyed
anything to tbe Queen. She already bad these
lands by tbe mahele and her awards bad been
J-- - ?
adjudicated by tbe Land Commission. Tbe
King's devise, however, confirmed her title and
removed all question as to tha Talidity of ihe
mahele or award to nis Queen.
But the King devises the "Ahapnaas'' of
"Kailua" and "Kaneohe" and there are no words
from which it can be deduced that anything
more than those "Ahupuaas" was intended by
the King. These "lands" were devised by bim
the list contains Ilis as well as Ahupuaas and
the His iu question in this suit are not mentioned
in this list.
As tu possession as the bail for a title by
prescription ; the tilla tu these Ilis tuvisg been
found to be in the King Kamehameha HI at the
tiiiu of his death, it passed by force of hi? Will
in Kimebamelia IV.. and it has been settled by
the decision oflen referred tu in tbi opinion, in
the Ktate of K. IV lhat the title In that King's
lands passed lo Kamehameha V bis successor,
and is now in the Commissioners of Crown Lands,
ihe Defendants at bar.
Adversa possession of these Ills could have
been commenced by Kalama from tbe death of
her husband the King, December 15, 1854, or as
soon as bis coverture ceased.
I understand thai there is no prescription
against the Stale (see Kuhoomana vs. Minister or
Interior 3 Haw. ), but the King as an individual
cannot claim this immunity : "Nullum tem-pus
occurnt regi"' means tbe King as representing
the Government aud as Guardian of the lands of
The evidence as to actnil possession or occupancy
of these His was not laid fully before
ine. except in ihe case of tha Hi of "Keaahala"
for which a Lease of Kamehameha IV is shown,
dating in 1856. which would rebut tbe claim
ol Plaintiffs title by adverse possession lo this
If Plaintiff can show that Queeen Kalama or
her heirs or assigns have had, during twenty
years last past, adverse, uninterrupted and undisputed
possesion of any or all of the Ilis in
question, thin would bo a complete bar to an action
by tha Defendants to recover them.
Having arrived at Ihe above conclusions ol
law aud fact on the points submitted lo me.
either party is now at liberty to move the Court
further as lo tbem may seem best.
A. Frascis Judd,
Justice Supreme Court.
Honolulu. March 2Ut, 1877.
Just Received from New York
FOR SALE BY THE UNDERSIGNED,
CAUIlir AND CAUTE de VIS IT E
fnotogmphs of Actresses aad otber Public Person
Winter Views of Nlagra Fall, sterescuplc Very Fine
A few copies of Jlart Twain's Last and Best Story
"The Adteuturesof Tom Sawyer."
Also. 1. lot of Engravings, Chromos, PIctnrw.Frames,
Washing to a Medallion, lUnic ud I'eni, aud other
articles too numerous to specif.
643 1m U M. WHITNEY.
Notice to Tenants of the Estate
His Late Majesty Lunalilo.
HAVING BEEN AI'IMII.VTED Br THE
Judges of tha Supreme Court, as Trustees of the
Ileal Estattof ills late Majesty LunalUo,, nnder the pro
visions of his last will we hereby notify all tenants and
leasees of any portion of the said real estate, and all person-
holding or who may hereafter bold or collect moneys
on account of rent due npon the same, tu account to us
for all rents due and owing from them which have accrued
since the 13th day of Starch, ISTT. the day of the dralh of
his late ltoy.I 11 Izhness Charles Kanaina, as well as for
those that may hereafter accrue.
Vj ali give further nolle that no one Is or will be empowered
to collect the rents of the said real eute, or to
represent us la tbe management of the sam, without oar
written authority therefor.
We request all who hold of any portion of tho
said real estate toanbmlt the name to ns without delay,
with thlr applications for renew!.
j. mott smith,
j:dvin o. haul,
sanfohd b. pole,
Trustee s under the Will of ills late Majesty lunallla.
Honolulu, 2uth March. 177. S3Q 3m
. .. S"i
For Sale to Aarrlv S
THE BARK MATTIE MA CLE A T,
Now Duo from Portland, Oregon,
Cases Oregon Fresh Apples,
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Cases Bread, Bags Oatmeal,
14 M Feet Flooring, 41) il Shingles;
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Sacks Bran, Saitks Wheat,
Kitts Salmon Bellies, Cases Salmon;
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&c, &c, Ac.: '
637 im OHEK.V. n.lCFABLjtXK CO.".'
TJ.YDKK.Sia.VED BEH.S TO JIOTIFT
the people of Kotos and rldultr thai he fci prepared
PLAITS AND ESTIMATES :
For those wUa)Iar to hulld. and ! alw prepared to Uk
contracts far an j kind of builUlnc or
Cart & Carriage Work.
at the old stand la tCota, saca as
Lumber of all Kinds,
Ioors, Sash, frails, Paints, Oil, etc
Allot which will be nold at lowest prices. sm Lumber
at any of the tan JIncs. from Koloa to Walme at lowest
rates. No cnarge for plans, or eallmatea to those par.
chasing material fiom. me.
W. II. WBIGITT.
Koloa, Kauai, Deo- 4th. IKS. trim
I f' I ,VriM'lliTfAJPT"TyrtiBSSBl if
BOOK & STATIOMET DEPAETMT:
EL ML. WHITNEY,
Old Honolulu Hale Building, Merchant St.,
(ADJOINING THE TOST OFFICE,)
Importer and. Dealer in
And every articlo of utility and fancy connected with tho line, adapted to the Counting
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Da. Billet and Note dn. do. do.. In boies.
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Enamelled surfaee and peart surface Cards
Eraborstd and Friendship Cards
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Tissue and Papers
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Bet London Quills and Quill Pens
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English Red and Colored Wafers, and Seals
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Kidder's and Pajion'l Indelible Ink
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Portabla Writing Desks, from 12 to 2! laches. Mahogany
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School Books, of all kinds In general ase
Family and Pocket Bibles, Testaments, eto.
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Paper corer Books, Song and Music Books
English and American Juienile and Toy Books, of
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Bristol Boards, of erery size and thicknen
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Choiee Chrnmos of American anil European Scenery,
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Steresoopea and Sterescope Views
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Colored Pencils. Cretaleiis do , Copying do.
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Chess Men, wood and irory
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Gold and Silrer Pencil Cases
Gold Pens, with Gold Caics
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Steel Penknires, 1 to 4 blades, of pearl, shell, Irory,
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Porcelain Slates and Drawing Slates
Photograph Albums, card and cabinet sixei, tn great
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Hawaiian Steamer KILAUEA1
Z MAIICIIAXT - XAJTTEX
Sailing Days as per Schedule !
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TICKETS ONLY AT THE OFFICE
FREIGHT BILLS DUE OH DEMAND
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Bankers' Wallets, folio aad cap sixes --
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Stationery Received by ths
London and New York.
Circulars, Cards, Eto , Etc.,
JOB AT LO WEST EA T3.
ly every Steamer.
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Ail New' Articles of Fancy
earliest arrivals from
ACCOUNT BOOKS FOR BANKS,
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PRINTING- of Bill Heads,
EXECUTED WITS DB3PJL
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.rn;.V. v,;i iJ for tMlr xnttTtit to cau ana
examine mv Stock before. nurnhninn r. ..t,.. trm n . , .. -, .,
promptness and despatch.
GREEK, I1GF1RL1KE CO, ',
" w ".