The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1876-03-01
Conrt OF the Island Of
Onhu.
RnArs KllHANuL

Tried at KaAuku, KoOlAalOa. Oahu. on the Soth
DeS. ISIS. On appeal from the Distric. Justice Of
koOlaaloa-
DsclsIOS 1T Jupp, J.
fuA the following facts in this case In NOvem-
Der 1878. the defendant .KAahanai, who lives on the
land OF Kahana discovered log Of wood in tae sea
Just Of the land Of PunAuu, and as soon - II had
stranded be took possession Of IT, marked II with ms
name. ard the mex, day took it out Of the sand and
towel IL TO his own phase. The log was Of foreign
wood. was two fathoms long and IS estimated 10 ee
worth from 81 10 S.. The sea Of Ponalaa Is held
by The plaintiff as lessee Of cAalaa Co., who are
lessSes Of the owner.
Tue plaintiff claims the logas being property on bis
land The defendant claims il, by virtue OF section
l1sS OF the Civil Ceae which reads - All wood OF
any description which may din on TO the beach Of
any part Of this Kingdom shall be the property OF tue
finder. and any one hading such drfwood may take
the same FOR bis private use, without paying .
share to the Government. provided, however, that
this section shall not apply to any vessel wreeked OF
stranded on any part Of the shores Of this Kingdom
Il is claimed that as this section IS under chap 81 Of
the Code which is enntled'' ofeerAin specific rights
og the people. and the section preceding the one
under discussion gives TO the people each Of the
lands the right to take frsw0od houSetimber etc.
etc. The right dTift-vood should, by analogy. he
confined to the srs 6nder being the land where the
wood is founi. However just and proper this mita-
ton might be- do feel authorized TO adopt it. as
the section itself does limit the right to people
Of the land where toe drift wood may strand.
The original law on this subject passed in 1881,
aud reads follows '' An act TO grant to the people
the free Of drft-uooi.
Whereas, several places in this Kingdom. pariieu-
larry the island Of Niihsa, destitute Of wood and
the people are suffering from the want Of the ,me,
therefore be enacted by the MOBILES and Represent
AtVes Of the Hawaiian Islands in Legislative Council
assembled:
All wood Of any description which hereafter may
dr the beach Of either Of the Islands, shall
be the property Of the finder any one finding such
drift-wOOd may take the for his private use
without paying share TO the government"
The law altered at the passage Of the Civil
Code to the text IS given first above.
/, is clear that the object Of the law was TO modify
the previous usage 10 this KIM doni. Of the Govern
neuts claiming the drWoOd. and to allow ii to the
knder.
By the old common law Of England, -" Whatever
moveabes fouEd upon the surface Of the earth or
in the sea. and unclaimed by any owner, sup
posed be andoned by the last proprietor, and as
saeh are returned into the Common Stock and mass
Of things and therefore they belong. in state Of
nature to the Grst Oeeapant or fortunate fnder."
But wrecks etc. belong to the King. 2 Blackstone,
chap. 20.
BY the 18Th section of the 10th chap. of the Penal
Code Wrecked property. estEays. aud lost proper
" shall be deemed still in the constructive possession
Of the owner and tie taking Of either Of them with fc
oniOus inent is larceny. but the taking Of dereiiet
property is not larceny.
The eject therefore, of section l4Ts, of the Civil
Sode Is 70 declare that aIi Nood OF any ueSetptohi
whether native foreign. Whih may drift onto the
beach Of any part of this Kingdom. is derelict Of
ownership aud therefore may be taken BY the finder.
whoever be may be. But a finder, in the meaning Of
this statute is one who merely first the drift
wood, bur- who reasonably thereafter lays claim
TO it, and exercises act Of ownership converting
it to his private
The defendant in this case having done all this,
judgment is rendered in his favor.
4. FRAScIs JUpp,
Justice Supreme Court.
Sitting as Intermediary Court of Oahu.
S. NJ. Naukana. for plaintiff; G. BarenabA for de-
fendsnt.
Ronolulu. Feb s, 1875.