The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1875-09-15
HAWAIIAN GAZETTE
AN INDEPENDENT JOURNAL,
DEVOTED TO HAWAIIAN PROGRESS.
Supreme COurt OF the Hawaiian Is
lnnds--July Term. 1878.
KAEO0N.LY4 C-,) Is ". L NoERoNUA, Nia-
issr q Isisnor.-Tsry IIaised.
OPINION BY jun. J:

/ OFINIoN By JUDD, J A:
This is an action Of ejeetmeat for the posses
sion Of the premises upon which the government
b1ildings are situated, commonly called Militant
The plaintiff claims title as follows; Tha
previous to the year 1929. Mauuia. and his wifi
! KaupeDa,) both Of whom were chiefs and retain
ers Of Hamehameba H. on coming from Hawai-
TO Oaha with the King, settled upon this lot i
being at that time unOccupied. In 1929 Manuii
and Haupena went with Boki on the SandalwoOI
expedition, from which Kaupena returned. bring
ing the dead body Of her husband which sh,
buried 90 this spot. and continued her residene,
upon it. In 1882 she married Huakini they
continuing 10 live on the premises. Kaupen:
died in 1856, leaviBg no heirs but her husband
Huskini, who in lS5s, married the plaintiff Ha
hoomana. Some years after this Huakini died
leaving half brother. z, Nahaolelua and hi.
widow the plaintiff, as his heirs. The plaintiff
continued her residence upon this place unit
1872, when she was dlspossessed BY Kameha
neha V.
The plaintiff claims that her possession and
that Of her ancestors. thus traced was eontinu.
Gus, notorious aud peaceable, and undisturbed
until 1872, and therefore she has acquired a title
to these premises as against the government as
against third parties.
The defence claim that Namauu, who was the
brother Of Kaupena, lived continuously upon this
lot fron the time Of the Sandalwood expedition
and claimed il as his own, and that he died in
lS4S, leaving this lot as well as considerable
other property, to the late VI. Kekuanaoa. whose
property is nov inherited by Ruth Keelkoani
and who has conveyed oil her rights in this pro.
perty to the Hawaiian Government. The will Of
Nauauu leaves all his property to Kekuanaoa,
as we have said, but does not mention this lot
specifically.
The plaintiff contends that Namauu was sent
for, on the departure Of Manuia and Haupena on
their foreign voyage, to come aud live upon this
lot and take charge Of it as well as care for the
family retainers, and that his occupation was IN
der and by PERMISSION Of Kaupena. 1t is 10 evil
denee that in 1854, Kekuanaoa built house up.
on this lot tor his daughter, the late Princess
Victoria Hamamalu, and that she and her guar.
dian, the late John Ii, also resided upon this
place. John Ii continued it as 4 residence after
the majority and removal Of his ward from the
premises until his death, which occurred in 1870
The defence have put in evidence Royal Patents
The No. 1859, to N. Kekuanaoa, and No $3.50, to
late King His Majesty Lunalilo which together
with the Conveyance Of the Oahu Charity School
lot comprise the entire frontage Of these premises
and the chain OF title under these patents to the
Government is complete. As to the remaining
and larger part Of the lot, it is not covered by
any aEari Of the land commission, royal patent
or deed from the King. We have detailed the
history Of the conflicting claims in this case be-
cause it was upon them that the evidence was
offered, bat we do not regard the evidence Of
possession Of this lot previous to the organiza-
ton Of the Land Commission as evidence of title
to land acquired anterior to that date, for the
Land Commission was authorized to take evil
denee Of the previous possession among other
elements of title, upoq which to base grants to
laud; Vide page lO9, vol Of Statutes Of 1886,
Z" Sec. VII. The decision of said Board shall be
in accordance with the principles established by
the Civil Code Of this Kingdom in regard to pre-
scrption, occupancy, fixtures, native usages in
regard to landed tenures, &c, &c which deci-
siOns being Of a majority in number of said Board
shall be only subject to appeal to the Supreme
Court as prescribed in the act to organize the
Judiciary, and when such appeal shall not have
been taken they shall be final"
All claims to land accruing previous to Deem
Der 10th, lS45, were required to be presented to
the Land Commission for adjudication: Vide
page l07, vol. l, Statutes of 1886: Sec. /.
His Majesty shall appoint through the Minister
ot the Interior and upon consultation with the
Privy Council, five commissioners, one of whom
shall be the Attorney General of this Kingdom,
70 be board for the investigation and final as.
or rejection Of all claims of private
whether natives or foreigners, to any
lRdsd property acquired drisriOr to the passage
4 this act ) the awards of which board, unless
appealed from as hereinafter allowed, shall be
binding upon the Minister Of the Interior and
he applicant"
This act passed the Legislature the 10th day
lay of December, Is45.
o. the 9th of February, 1886, the commission
ars were appointed, and on the llth Of February,
1876, they published the following notice
"To all claimants of lands in the Hawaiian
Islands: The undersigned have been appointed
BY His Majesty the King q Board Of Commis-
iiouers to investigate and confirm or reject all 4
,laims to land arising previously to the 10th day
IF December, A. D. Is45, Sc, &C., &c.
An persons are required to file with the /
Board by depositing with Its Secretary speci6ca-
ions of their claims to land, and to adduee the
evidence upon which they claim title to any land
y the Hawaiian Islands, before the expiration of /
NO years from this date or IN default of so do,
ng, they 'rH after Lsai time Be forersr barred Of
II rigkts TO reooUs- tie same IN he Courts Of !
4stics.P
Section of the act of ls45, being Article ".
,fthe board of commissioners to quiet land titles,
esds IS follows:
AN claims to land, as against the Hawaiian
Government which are not presented to said
Board within the time, at the place and in the
manner prescribed in the notice required to be
iven in the fifth section of this article, shall be
eemed to be invalid, and shall Be forsvsr barred
n Ear. unless the claimants be absent from the
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