The Hawaiian gazette., 1882-03-15

-irft. e. =. Nclsg Glsa -4tetIn !. - ita-
a u ~ casgs d J-.Si, c. J.
This case is brought under The provisions Of
the Civil Code referring 20 Pounds and Is
trays cts. (sectioa ga e. seq,l g determine
whether tie defendant lawfully iuPcunded
lie cattle Of plaintiff.
Eruu rccord CT testimony ca re u appears
I that one J. Kanui is shareholder IN Zen
p1uv Hon OWING tract q laCd IN Nanoa
valley. he leased bv an Instrument exhibit
ef Krra kuleana Ilckc o IA aina Q "A Poe
Hr7 - Nsroa. tllat Is, his interest m the
fe-f al he company fer SIS per year, me
f,-s- dated Arsii ssh. lSSo, and without
specifying any term u years
MEN : also exhibited o schedule O. 80
niles governing this Company, signed by the
--s-.t.5-s rF It irciulir- kanui, and reference
= made 30 rule Is. which may b rendered an
F---7st thus Rule Is 3" II any menber o.
the Ceuuuuy has ~ animals or ret The iali
a1uber allowed, and wishes % hirc, ltne
pasture on tie remainder. lie shall give u to
The manager Of the COMPANY, wto VIII mTc TO
tEe fuli number. il j. ret allowed 20 The men,
fers ef the HUI 10 rcu. 20 another without the
consent Of Tie manager 90 the HUI he
mauagcr Is the defendant
Bv the g,h rule each member Vas allowed
h. rrr Is head Of cattle In pursuance OF the
lease plaintiff put = bead ufcSttls OF The land
where tlev remained till they were taken up
rl f--ru-rl1t hy the defendant
TIE defense Is that The lease 70 the plaintiff
IS invalid because not made IN conformity
O. Oh. ralas lt the csupIuy.
TIE defendant testiteS 4" Joe Burrows came
10 ne 90 -et me % write NY name On the lease
from kauui. Irgiused to write my name on
thl lease because The rules Of !he HUI 70
1ufrsi hat an leases should be made by the
'uua az the hui, ard because the price was too
Tow. ouly aucat II per head per aunum.
forbid hIn frUu putting bis cattle on The
land
The plaintiff ,es.i6es e / wen. to Paaluhi,
ne luna. with Narcissl Perry. lie THE luua
IgfesfaHtN SAID be ought TO make the lease
Is le -g- q percentage VI the money. /
offered t. paw hiu ms commission ct . cents
c1 tie dollar.
Is IS thus made clear that plaintiff bad
notice O. tie Rule The title under which
tie Hui " l1ld this land is Royal Patent
~. II6 10 W II. Rice as trustee for himself
and some 81 other persons, tle plaintiff :
lease being one Of them As tenants 10 CON
r--. each one Las the right 10 ALLEVIATE his
uu1iyiGeG share either by absolute cUuveyancs
", as In tlis case, by d lease ct the privilege
u rss!urugc, Unless restricted uy some
cczc1au. r- a-reeusu. In writing made by all
g them
We think Rule Il, Of the Constitution Of tins
Hui Is 90 be regarded as d mutual agreement
which hound the tenants. 50 long as i was
uu--s-i1isd, tia. they would not rent ont the
right % raslura-e without the consent Of the
luna. probably III order 90 avoid confusion,
lll entry Of animals on the land unknown 20
the luna and the putting "a Of animals beyond
die agreed limit Of Is 20 each tenant IN CON
ul1. i. would seem that such a rule mutual
Iv made ty the ewuers fer the regulation OF q
pasture land Of restricted area would be
binding "a parties until mutually rcsciuded in
tie method agreed upon, and upon their
lssi-us OF lgssees, provided they had notice
.l tie regulation.
But tle luna Interpreted the rule 70 give
him arbitrary authority Go refuse to sanction
Ih1 lease 20 plaintiff He was offered his
CONN issiga and the opportunity Of making
DE lease bis cwn act by signing IL and thus
bringing 10 INTO conformity with the rules.
TIE lessee plaintiff had not exceeded the
-i-ir assigned him, for De put only 4 head OF
.atsle On tie land, whereas he vas entitled 20
run Is Tie luua's objection that the fee os
SIS geg wear for tie privilege, was 700 low
would not authorize him 20 reject It, 1t The
lessor vas satisfied with the terms
We -li1E that the tenant kluUi and his
lessee tie plaintiff. have complied substantial
D With rule Is ard thls the cattle put On the
land under these Circumstances cannot be
considered az in trsspass-
Judgment Of Intermediary Court affirmed,
-la- tie plaintiff recover his pound fees and
the costs Of Court.
z. F. Bick1-t1u for Plaintiff Castle *
Hatch ter Defendant.
Honolulu, March srl, So
su,,-e,us Court Of he Hawaiian Islands