The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1862-07-10

if the session lasts much longer, they might soon
require the benefits of its provisions. \ Dill also
passed granting certain privileges and exemptions
from duties 10 the new sugar refinery, soon to be
established here.
An important Lawsuit Decided.
The last PolyneSiaa prints two decisions in the
long-rendins suit concerning the Point property
Of Mes>rs. }. Robinson x Co. The first is that
of Chief Justice Alien deciding the case against
Messrs. X. * Co., who thereupon appealed to Il
full bench. The second is that of Judge Rob
crtson, sustaining the Chief Justice. The de-
cisions are quite lengthy, and as few Will care to
read them through, we will make an abstract of
the case.
Ia 1927, James Robinson leased from Karai-
moku, one of the high chiefs, the tract of land
where the ship-yard now is. The terms of the
contract were these
KNOW all men by these presents, that I, Karainoku. COM
monty called William Pitt. Esquire. do hereby assign unto James
Robinson hi- heirs. executors, administrators. aud assigns. one
half Of the wharf, commonly called the Kings Wharf, situated
near ut H3u'h"'st angie u the Fort III Honolulu eN!tndirg III
front one hundred yards or thercahout, and running back one
" FIRST The SAID James Robinson doth hereby bind himself,
his heir eNe""iors, aimini=trator- and assigns, TO pay one half
the laid wharf, and to pay to Kar,imoku. his heirs, executors,
for the use Of the said wharf and premises and ], Karaimoku,
do hereby agree to pay one half OF all the expenses incurred IN
hereby bind ourselves. our heirs, executors, administrators and
assigns, To fulfill the above agreement.
Given under our respective hands and seals, at Honolulu,
this 1lth day OF January, in the year Of our Lord 1927.
JAMS RoniSsox, L.
FRANCISCO DE PArLo MARIN"
The original bounds of the tract, which is called
Pakaka, embraced a portion Of the old fort
grounds, and when the government erected the
fort, they took possession of part Of the land
which had been leased by Karaimoku to j. r.
In 1851, the Land Commission awarded to Mr..
Robinson, the lot on which the large stone store
now occupied by the American Consulate stands,
in lieu of what the government had taken for its
fort. 1t is respecting this tract mainly, that the
suit has been brought-to decide whether it comes
under the original contract or lease, the defend
ants or respondents claiming that it does not,
but, under the award Of the Land Commission,
constitutes their own property.
The suit was instituted by Luka Keelikolani,
Goycrness of Hawaii, who inhcrits the rights Of
her son John Pitt Kinau, whom most of our
readers will remember, and who died three years
ago on Hawaii. k~araimoku was the grand
father Of kinau, and the property is clearly
proved in the evidence on which the decisions are
based, as having legally descended to, and now
vested in the complainant. The decisions deter
mine several ~points-aInong them, the validity
Of the lease that Luka is the present legal re-
preventative of Karaimoku, and that the respond
is bound to account to her for the receipts of
the whole of the property in Alestion, though
he claimed to be responsible onlA as regards the
half. The final decision is s these words
=" For these reasons. we are clearly Of opinion that the deci-
sion Of the Chancellor should he affirmed, and the respondent
e. 4..,ryf 1- l,tliT Of Ito 1af Lie pIf...,t
for her share Of the usufrUct of Part /, from the date of the grant
by KaratmoAu and tor that Of Part ,, from the date Of the
{" In accordance with the decision of the Chancellor, and in
conformity with the prac;ice Of this Court, compartments counsel
presented the draft Of an order requiring the respondent to &C
count, framed in conformity to the prayer Of compliments bill.
Respondents counsel saw tit to permit the order o be granted
y the the Chancellor, without eirHIpetrinE to offer objections,
n to show cause against it but at the hearing before the full
Court. they took exception to the order, On the ground Of its
,eiur broader in its terms than the agreement Of 1s27, as they
"mcf :, % if, Js,.,G M "ri'r lor,,b+ti in The rr.cjia r',@
all the moneys received for the ue Of the said wharf and
PREMISES = n to afford Mr.. Robinson an opportunity to a-
.ount. in the first instance. upon his own conscience. his own
understanding OF his agreement with karaimoku, and his own
Of right. When the respondent SHAH have SO accounted,
+ his account should not prove satisfactory to the complainant,
We will then hear the parties further. The fresh order has been
% this Judgment"
This lease is one Of those loosel y-drawn. docu-
nents, made in the semi-barbarian period Of this
some of which have created Il great deal
If litigation in our courts and given rise to di-
,lomatic complaints and tedious correspondence.
n deciding questions raised on them and their
meaning, the Court is often left to exercise in its
decisions, the broadcast latitude Of equity. The
ame doubtful titles are found in nearly every
lew country. The land titles in California are
nd will long be a source of great v~exation and
and many of the choicest lands there
re rendered almost worthless by want of valid
tiles. Though our Land Commission vas not
.erfect, yet there is no doubt that it did much,
the most that could be done, to place the
1nure Of real estate throughout these islands on
solid basis, and prevent useless litigation. Its
wards, it will be noticed, are looked upon by
he Judges of the supreme Court in their deci-
ions, as final. Consequently an award of the
and Commission constitutes as good a title As
an be obtained herc-equai in validity TO a
Patent.