The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-03-06
snpreme Cearl. 81. Ter... o..
80 !. y !. - -.

{
the Mahaie Of Feb fih. iSfs and ne aWar1 .ssas.
BY The Minister Of the Iutcror ia iss2. uudcr ia'
Act OF 1880. based upon said sfahele.
The defendant claims By saJai ratesi dated Jan
ssih, 1851 to A. Bishop. and deed from nistep q
himself % May ssih. ISL The ancestor ef r,sia
tlfs received from HIS Majesty Ksmchancha INA
the following evidence of uiis is made b5 ne Ma
hele.
PAuocs-Tzs ousAs'r zaas l,,ruuaa zas-s -
iiud d-Oue-half Kaleus. III of walluae Ahapuia.
waianae, Oahu. consent to this dfvisian. a :
good Pahca's IS the one haif land mentioned abar:
consent is given to take H before ihe Lard Ces.
nissioners.
lslgnedl Ka,rurlsrras, essall
Royal Palace, February 4. IsgS
KaNEHANEHts-Tl Tls oas. falr Esrs.i lilr,rsa-s 10
l.aa laand-oue.half Kasaa. u of Waisrsr Adu-
puaa, wa.anac, Oahu. I eonsent 20 this disiss.s f
IS good. To the King bcio-gs the onc-hars La
mentioned above have no right in o.
lSignedl Ibis marSl Psuot. CssaLl
Witness Signed S. P. KALsslR.
Royal Palace, Februsry 8, Isss
A brief history OF The Legislation on the r-ncral
subject Of land titles is necessary decide ca ts
rights Of these parties.
1t appears By the Act Of The ISM day % Jane Iss
that His Majesty the King surrendere 90 his ehlss
aud people, the greater portion Of his royal doaai
and placed the same in The keeping of t1c Houss of
Mobiles and Representatives, or such person o. tasv
may sppoint and TO be disposed o. IN ssch uauu-r
as the House Of Mobiles aud Representatives nay a.
rect
Certain lands were confirmed as the private iands
OF His Majesty Kamehameha Iild. to have and ti
hold 20 himself hls heirs anG SUCCESSORS. Fua r-=-
tain other lands set apart thc lands of its
Hawaiian Government. subject 20 TIE rights of tr-
ants, 10 be disposed of By The Miusisr or Iusc-ssr
according 10 the provisions Of law. Niih the arlss
al OF His Majesty in Pdvy Council Ard TIE is-l
in controversy was 50 set apart 10 be disposed 90
aforesaid
/ Board Of land Commissioners was sstsbilstuI
in 1876 oF the investigation and sual ascerfaiue1t
or rejection, Of al claims sf private indi4iEuirs
whether native or foreign. % any landed r-urs-sr
acquired anterior 10 the passage q lhis acr. ~
statute declared that this Board shall bc IN existence
/ for two years.
On the Is,h Of June. lsls. The Legislature e7ts.d-
ed the powers Of the Board Tor such further time
might be necessary for tbc examination. seitI-ne-f
and award upon al such elaims as may havc .cc1.
presented 10 the said Board By tbe Act ef Iulg ~.
1854, it is declared that The Beard of Commissio--
TO quiet Land Titles shah be dissolved on the lass
day Of March, lS5S. An Act approved Auguli loih.
1854, was passed for the relief Of Eonohlsls. The
preamble OF which is as follows.
Whereas, certain Eonohikis who received iauls
from His Majesty at tse great division o. l-nds Ia
the year 1s4s did from accidental causes fl % pre-
sent their claims to such lands 10 the Board of Ca
mssiouers 70 quiet Land IITias -sshis ths fas 81.
lowed by law, and have iu consequence been bnrrud
therefore: Be 81 enacted BY the King. the Noises
and Representatives Of the Hawaiian islauds In L.
gislative Council assembled That any Koaohikl
who received land from the Kiug Al the dlrslon oF
lands in The year 1855, aud who hlied, Dom any
cause whatsoever 10 present BIS claim r such ,lrd
to the Board Of Commissioners TO quiet Land rIfs.s
previous to the I4th day Of February. A. d Isss.
may present bis claim fos such land o. TIE sris
Board OF Commissioners a. any time prsrous % o..
first day Of November next ensuing; and the so
Board Of Commissioners are hereby authorized ID
receive, hear and determine On claims il1t nay b.
presented to them, under the foregoing provizsous
In Ike manner II such claims bad 5cen presented
to them previous 70 the liis Day Of February, A. D.
ISIS"
An additional Act was passed In 1870 Cor ne -
lief Of feertain Kouohikis whose names sppear o. tte
division Of lands from Kamehameha III
" Whereas, certain Konohikis who we-7 eull-i-d
to lands under The division Of isfs havs Or esrtla
causes failed 70 obtain their awards from TIE ts-s
Commission within the time speciaed By Iaw. sa.I
for that reason are destitute. therefore The Muis
ter Of the Interior Is hereby authorized 20 s-l-f
awards for their lands 10 IN Kouokikis aha aass
failed 10 receive The same from ihe Land Connie
sion, provided that the names of al such EonstRis
appear in the Maheie Book of tbe rear lsfs AID ca
awards 90 granted BY said Minister shah BE- eqnsfv
valid with those Of the Land Commission
And BY this Il appears that the KonohAis hal
again failed 70 obtain their awards from ne Ianf
Commission.
It appears that laws were passed from frsto
time 70 protect this class Of persons. ard f s as
instance an unfortunate act Of negligence. fsat be-
failed to present his claim and secure he hxdia
As appears By the certificate Of His sfsssssr tss
King, that be consented 20 tle division e ne M
Waianae, as claimed By the pIainiias, bot e E1s
coupled with the condition that it shouid be- rsEsn
before ihe Land Commission far their aeludicafI17
'ahoa, The ancestor iaiied to present is claim slf
n the time prescribed b. law and bis izhss n eos-
non with al other Konohfzis wsr declared ~
NV as barred Prior % ihis Tine, rosai rafcat va
ssued 70 a. Bishop, and TIE title az that ns 5.l-r
n the Government, it passed TO The grlufes iberia
iamed, and Of course subseguent cnu7syaaos
would have no legal effect a. againss ts prior rrs-t
The counsel for the 7tainslHs contend ts.s ~
oyal patent does not rest Euy better Legal uIst %
he land 10 Pahoa and biz leirs. than be h.l besars
be date Of The patent against the Gors4nms-t
nd the defendant The hnd was 5et aus-t a. ne
md of The Government By special eusstmenf. s18-
ct 20 the rights of tenants and a. Paaoafs -srtt
Tas not confirmed b. the Land Commizslon. fss en-
Ire interest remained IN the Gorunmesa
The Maheie iiself does not give a uae naaa-
zion, aud Of great vaiue, because If coda-ued ~
be Beard q Land Commission. a compiate tlt-s Is
5iained. But ii vas opcd 10 eramiaafiou. aaf
ie evidence vas satisfactory that ths EnnotEg
as entitled 20 ihe laod according 70 ne prn-ipiss
hieh governed that Board 81 Lard CnnnIaiau.
Ieir award gave a eompiefe title. By - Ma1sis
is Majesty the King consented that Pasra sfoaIf
I'VE the land, sublsei % ne award o. lbs LraI
1mmission.
II appears b the whole eouzs q lerisl.flan.
at an aFsrd 0f ne Board % Land Cammi.ssa-
a. necessary to perfect the title antl b. faa an
1870, the Minister o. he IateTier vas sufio-f-.d
grant aEards-
In ny view, - Pahoa Hsziscisi 10 perfect hsfisie
fore ihe Board of Land Couuissioa. tut sassss.I
claim % Be barrsd TIE legal tile rensIasa intts