The Hawaiian gazette., 1877-05-23
WEDNESDAY, MAY %. 1877.
Supreme Court of the Hawaiian fs-
lands-ApriI Term, 1877.
CHA.S. c. HARRIS rs H. A. p. CARTER,
j. NJ SMITH. and j. o. DOhLNLS,
Commissioners of CroDn Lands.
JUDI. j..

MS Is an action OI electHlent. he CuWpldiIt
was filed January 10th, 1875, and on the same
day service was admitted and the jury waived by
the then Commissioners OF Crown LAnds-J. 5.
Walker R H. Stanley and J. o. Domlnis.
On the 10th January, 1871 the present Com
mssoners we're substituted as defendants on
motion of the plaintiff. The plea OF the general
issue was then filed by plaintiffs consent, aud
the case argued and submitted on the 23rd of
January.
The plaintiff claims title to the Iii of " Ka-
wailoa," in the Ahupuaa of Kailua, KUolaupoko.
Oahu. and to the Ills of Kaluapuhi.' (" Hale
kop,"" Kuou,"'' Waikaua,".' K eaahaa," +" Ka-
haekauwia." and % KanohOuluiwi,' in the Ahu.
puaa Of KaneOhe. KoolaupokO, Oahu /; and shows
IN evidence as follows:
a. The "Mahele" or Great Division of
lS4S of the Ahupuaas of Kailua aud Kaneohe
to HakaleIeponi Kalama, the Queen Of Kane
hameha Ill.
(2.) Awards of the Land Commission to Queen
Kalana. dated May Goth, 1854, issued April
18th, 1855 upon claim No. 4452, designated as
Apanas II and l3, for the Ahupuaas Of Kailua
and Kaneohe respectively.
(3.) Will of Kamehameha ILL.,, who died De-
cember 18th, 1854 dated the End day of April
1853 admitted to probate January 9th. 1855
in which the said Ahupuaas of KaiIua and ka-
neohe are. with other lands, devised in fee SIM
pie 10 Queen Kaiama.
(4) The admission that Queen KGlama died
interstate 10th September, 1870. leaving as her
heir at law His Hlghness Chas. Kanaina.
t5e Deed OF Charles Kanaiua to the plaintiff
dated lst of May. 1871, Of all the right, title,
and interest which the late Qaeen Kalama pos
sessed at the time of her decease in and TO the
Ahupuaas of kaua and KaneOhe
The plaintiff claims that, by virtue of the
above recited chain of title, Queen kalama was
entitled at the time of her decease to the whole
of the Ahupuaas Of Kailua and Kaneohe, and TO
the aforesaid Ills of Kawailoa in the Ahupuaa of
Kaiua aforesaid, and the SAID Ills of Kaluapuh
nalekOu, kuou, Wakaiua, keaahala, Kahale
kauwla, and Kanohonluiwi 10 the Ahupuaa of
Kaneohe and which are included in and are u
part Of the said Ahupuaas. and which by deed of
&. Kanana are conveyed to the plaintf
1t is clear to me that the plaintiffs title is not
affected by the fact that the Mahele of 1913 of
these lands was made by the King to his own
wife. KaIama was kamehameha Thirds Queen
but she was also his subject and SO far as this
Mahele concerned could take direct from the
King her husband. like any other chies
1t is also clear that the title to the Ahupuaas
of" Kailua" and - Kaneohe is in the plaintiff
The principal question remains to be consider
ed, viz Do the grants Of THESE Ahupuaas include
and carry with them the SO called Crown Ills -
above enumerated? | suppose it will not be
questioned tina; the grant of tract OF land
which is described either by survey or in any
other sufficiently definite mode will be held to
include all that is within its boundaries. This
may be Illustrated thus: If man sells his house
lot, the conveyance will he held to include the
fountain or the garden which is in the house-lot
SO grant OF Ahupuaa will include the
grantor's hsh-ponds or alo-patches lying within
the Ahupuaa
The argument is made that an Ilialna s por-
ton or subdivision of an Ahupuaa, and therefore
the grant Of an Ahupuaa includes the Ills lying
within its circumscribing boundaries And this
reasoning Is applied to the present case as fol-
lows: When kamebameha granted, at the great
Mahele, the Ahupuas of kaneohe to Kuama.
he granted whatever made up that Ahupuaa :;
that 49, all the Ills within it, net granted TO other
persons.
Here it becomes necessary to examine the
nature Of the land tenures 10 this kingdom and
particularly the nature OF the great Mahele of
lS4S. AS TO tue former, the " Principles adopt
ed by the Board of Commissioners to Quiet
Lanu Titles" y Haw. Statutes, p. 81 ct seq fur
nsb US clear exposition, and in the investiga
tion of the latter | have been much aided by the
decision of the full court in 1864, in re Estate
of His Majesty Kamehameha w." written by
the late MIR. Justice Robertson, our best au-
thonty on such matters.
1t seems that after long and patient investi.
CATION IN which the patriotism of the King and
Chiefs was often severely tested, 1t 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 :;
SECOND, the landlord comprising the Chiefs aud
konohikis); third, tenants (who afterwards be-
came " Kuleana- men''). But as each of these
classes bad rights in most of the lands, in des-
cendlDg scale, as 1t were it became necessary to
separate and define the rights of each-or, rather.
to partition in severalty to each one his proper
share of the whole 1t was finally settled that
the King should allow the landlord (2nd CLASSY
one third the tenants (3rd class one third /;
aud retain himself Qst class) one third
The " Mahele Book" which was put in evil
dence aud which | have carefully studied. is to
my mind in effect and substance the record of
the various deeds OF qult-claim between the King
on the one hand and the various Chiefs and
laudholders on the other, of their several inter.
ests. each to the other, in the various lands of
the kingdom
Alter all these prellminaries were settled, the
work began, and the first Mahele was made be
tween the late Princess Victoria KamamaIu (by
her guardans) and the King on the 9th dav of
January, l648 This work continued on from
one Chief and KonOhiki TO another with the
King, taking up one island after another and
going on regularly from day to day, and the last
Mahele was signed on the 7th March, 1913.
As an example ] copy here the transaction be.
tween Queen Kalama and the King, on one page
OF the Mahee book Ito wit, 1867:
Ko KANEHAMEHA Ill
"2s different Ills in Walluku. PAUL Kom Maui
" Ke ae aka mel au keia MaheIe, ua makai Ko
ka Moi n Alma kakauia maluna. Ache ON
kuleana maoko.
HAzAIELEPoNI KAPAKUHAILI. TL.sl
Hale Ali, IL Fehr., 1e48"
(Trdnslation Of tie aboUe.)
al hereby agree to this division; it is salts
factory. The lands above inscribed are the
Kings have no right TO them.
HAzALELEPoHI KAPAKUHAlLI. TI.s.l
Palace, IL Febr., ls46.n
On the opposite page, Q4s):
Ko HAzALELEPoNI KALANA EA
IN. VA Ana Alap"aa Ralana Motupuni.
knla AhupuAa Puma ........ Hawaii
h1Ph4A honR.
Kalahupnaa >. lii no waimea. KOhala......
Wapio. ....... Ahupuaa. 49,. Hamakua
b snSin,s Iii no "Alukn PAUL Eom. Maui
Lemukee 49,. ..
Puuohala -.
Manene 49, % =.
Waikahalulu Honolulu Kona - oah,