The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1883-03-14

amount of not more than $4,000, which the Com
rniszioners jointly with the Minister may neCot-
ate for the redemption of the mortgages WHICH
NAV remain unsafisfed, after the adninisirator q
His late Naiesty-s estate has exhausted all the
private estate which the administrator may pe e
eally entitled to use. The proposition q me ds
PENDANTS here, IL thai the administrator oAgni o
have od these premises II they private estate
lei rs 60. The preamble Of the Act refers only
to mortgage charged on the Royal Domain, prr-
suanf 10 tie finding Of the Court that the Domain
should nav what was charged upon II. II Is al
raifted in proolthatthsre no mortgage on thoss
preruises and the administrators accounts state
that the S7D received from the treasury was 70 re-
lieve mortgages charged on the crown lands Prom
this il follows that the administrator would not
have been legally entitled TO sell such private e.
tate of the dec0denf is here in question, for the
payment Of such debts as were met by the S21oco
taken fun the Treasury. and that he should not
have sold it before taking funds from the Govern
meni.
But this SUM OF money was not al thai time
eift 10 the ROYAL Domain. much less. was Il ben
eft to the plaintiff. She had parted with her in
terest therein in consideration Of the annuity frou
the Government. Ii does not appear that the
nmo1nt of the permanent settlement had not been
made with reference To- the value OF dover II The
estate As morClged, and in any case, TINS amour.
had heen agreed uuou with no condition Of any
other release than of the dover herein II twas yet
only lean of the Government credit Section
provides that one fourth part OF the animal rove
nue. Of the Crown Lands shall be paid into the
Treasury TO satisfy the interest and accumulate
fund for tho payment Of the bonds until the en-
tire sum authorized to be loaned should be paid.
In lstsi. July 9Th, was passed IN Act which To
citing in q lengthy preamble that HIS Majesty.
RamehamehR V, had derived bnt small advantage
from the Crown lands in consequence Of the
charges upon them, and IN view, especially of His
Maiestys generosity. IN consuming 10 the ilnita
ton of the Royal Domain. enacts that the Havali-
an nation assumes the payment Of the bonds
issued under the Act Of Jan. 81, 1855.
It must be apparent that the effect OF this Act,
H. unHW=H siawH
benefit Of the reigning Sovereign who might then
enjoy the entire income OF the CrUEn Estate. How
then were the hers Of the private estate Of the de
ceased Sovereign, bound by equitable principle TO
surrender this private inheritance for this consId
Grafton moving solely FOR the benefit Of the ncun-
bent Of the throne: Or how can It be said that
this contribution of the Government 10 the Crown
Domain forms lien on the inheritance which the
Commissioners have held possession OF, to be dis
charged before surrender. To whom shOuld this
lien b. paidy II to the Commissioners, it Is gift
| of another S21OO0. And the Government does not
I hold the premises and demand payment
II NC then dismiss the claim untcnable Oh
what NAV be called the facts Of the cause
| there remains only the claim as based on the
declaration in the testimony Of the administrator
that he sold all the lands which he supposed to
have belonged to kamehameha ", IN his private
right and would have sold these II be had cOnSia-
cred them such. Little need be said upon this III
view ui the line Of reasoning which the court has
] followed. Upon estOVpel grounds the admInistEs-
tor stopped from claiming that he injured the
Crown Lands by negecting TO sell this estate be
| fore selling any part Of the Crown Lands If he
| did soil such' or before going on the Government
credit, for he was also the Crown Land agent, and
as such must be held 10 have f0rbome 10 realize
upon that estate which he says he might have sold
He left It where the heirs Of the legal title might ~
| any time assert their claim, a. now the plaintiff
/ has.
| The finding OF the ooart is for the plaintiff puE-
Z suant 10 the description Of the premises IN the
complaint, less the pieces disclaimed; Lot No. 10.
/ for the unsold remainder Of the partition of IA
/ niehameha ": with Gusts
! ". Il. Castle and +. ~. Hatch for plaintiff the
! Attorney General for defendants.
| HoSoIuLU. March ;;rd ISL;