The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1883-03-14
Bawaiian Q5azette,
"WEDNESDAY, MARCH IA. ISIS.
Supreme Court. January Term 1883.

supreme court . anuar1 Aerm- 1000
Her Majesty EvHl KAur1noSkItsI. Queen Dow
ager, 3. Gus. II. JuDn, 81. ais. Tho Commission
ers % Crown Lands.
Action OF eiectmeat tneJ bsfor McCully, >.
the jury being waived.
The ROYAL plaintiff, the relict Of his late Majesty
Karnehameha " brings this action for the rocoF-
cry Of one undivided moiety Of ten CERTAIN pieces
OF land in her complaint de-cTIbed-
u Tiias the conplainaIIt discoutin1s- as 10 tiis
fourth. seventh and ninth pieces. The several
pieces. excep; the tenth, are parts Of Land C3tl-
Ipissio-l Auari No. 10 SOC 10 His Majesty hameha-
rpeha III The origin OF the title Of thesa lots
differs from that Of the body Of lands now Known
as the Crown Lands IN several Iiartlc1laIs Is
Crown Lands rs appears by tho Act 70 relieve tne
ROYAL Domain from membranes and 70 render
the sane iualienablc, January 3 ls69, are constr
tinted Of schedule Of lands set forth IN the Act OF
juno :. 1875, relating 90 the lands Of HIS Majesty
The King and % the Government. by this Inst
usmod Act this enlightened and ulaefaniinou- NpN.
ereigr laid The foundation for the tenure OF real
estate now subssting. BY separating MS ownership
in all the lands Of the Kingdom conformity with
seine recognized but not well defined rights Of his
chiefs rglnquishing 70 the general government Tor
Just distribution 10 claimants and for p1blic own
srsup the greater part Of the territory, and resorv
ing for ms individual ownership, royal estate
which was catalogucd In the Act. The pieces Of
land here IN question were awarded 10 hnmehamo-
b. III, SIX or seven years subsequent July bthr
ls5l, JaEngrv "A, ls-st and March ~ l,s. lhey
Ills AEANAN- AlltlN4N AAlAAA'f
bot surveyed lots OF moderate size, one being -.
tenths Of a acre one is Il acres. haInehamehA
III died on the 18th December, ls5i Subsequent 10
the award Of all the pieces but the Inst The claims
on behalf Of his estate in the ordinary proceed
are of Land Commission business 70 when appli-
cation was made b. private persons for kuleGna
awards. some OF these were dispu. I'd. and testi-
moEy vus taken b determine the rghtful claim
ant Tho tenth piece in the complaint was awarded,
hv Award G.7S3. % Nuuanu and kamehlmeha III,
AM. deed Of partition was made August -, $50
between NUuauu and kamehgmehalN ". The pieces
thus awarded passed into tho estate Of kameha-
1Uhl III, together with The aforementioned
Tbe estate Of KaInellamela III As we'll as the
throne passed TO kamehamaha ", who continued
O. treat the Royal Domain. as his predecessor had
done rs his private estate, selling and mOrigaging
pieces thereof as occasion suited his cun-ort join
INC IN the deeds 10 release her dover Upon his
deccasc iutestate, November ~, l-Ei tho throne
passing 70 his bnaner by the provision of the Will
Of the property bold and possessed by his late Ma
jrstv knfueEamehH ~ cane before the supreme
CoUt urou en- agreed statement Of facts, The
opinion n the court was written by Mr. Justice
Robertson. who's thorough and Judicial cast Of
mind was aided hy the intimate acquaintance with
the origin Of land tCuUTes in this Kingdom, deriN
cd from bis iab0r- l7 one of the Board Of Com.
mI35luuer7 20 quiet Land Titles. The Court had
Access 90 che journals Of thg Pryy Council, and 10
the records Of al the transactions leading o. the
present system Of land titles, and the prnCrD-5 II
ideas and events Is lumipously -ct forth m the
decision. which must always remain among the
most important contributions % Hawaiian His
tory. md Haw. Rep p. &c.
As having o controlling influence on tho findings
Ia this case, and having hean tho basis Of subso-
gueut legislation, it s well 20 quote at large hero
the Concluding paragraphs Of that opinion
In our opinion, while II was clearly the inien-
ti1u 0f h8unhamgha III tp protect tho lands which
he reserved % himself out Of the domain which
had been acquired hy his family through the PROV
rs. aud skill p. bis father the Cpnqugror. from the
danger Of being trultgd l- public domain or Gov
eminent properly, 10 Eg7 also his intention 10 pro
vide that those lands should descend to his heirs
and successors. tho future wearCrs Of the crown
which thD C1EqugrDr had won. we understand tho
Act Of I'll June, ISIS, having secured both th'so
objects. Under that Act the lands descend IL fee.
the inheritance being limited however 10 the sue
coss1rs TO the throne and each successive posses
sor may regulate and dispose Of the same accord
ing 90 his will and pleasure. private property, in
like manner as was done by hamehamefa III.
"a In 0ur opinion the fifth clause OF the will Of
hamehBmcha III was not necessary 10 pass the
reserved lands To hamCElmChl ", any more than
the first CLAUSE was Necessary 10 pass him the
crown. IL was tuttlCd 20 inhurit thosc lands by
force OF tn Act Of 9Th June IS4S when he succeed
ed % the crown Iu virtue Of the proclamation
made hv his predecessor with he consent Of tho
H1Uac Of MOBILES, and be- was entitled us the adopt
ed son of kHugLImgh. III 90 inherit the remain
der ui bis estate moi devised 10 any one else, sub
ieci 10 dover.
We are clearly ui opinion also ilgt Her Ma
jesig Queen Emma is lawfully entitled 20 dover in
tho reserved lands, except so far 17 she may have
barred her right therein by her OUu act and deed.
Then Is nothing IN the act OF 1h June. ISIS, which
can Do understood as taking away the Queens
right OF dover u the lands therein named; Eor Is
there any las Of this Kingdom which renders the
matrimonial rights Of the wife of the King any
less than or any different from those of the wife
of any private gentleman. such was unque7tIOn-
ably the understanding Of both kamuhameha III
and his successor rs 90 dover in those lands, which
are 90 BE- dealt with lu all respects private in
EguHb'g property, subject Ouly 10 The special Leg
slativ9 restriction ON the manner Of their descent
But His Majesty h1mehameha N was possessed
Of other property. both real aud personal, nj the
time of bis death, u1t Affected with the special
character attached 70 the reserved lands. The
descent of that part Of his estate must be governed
by the general Law Of inheritance aud distribution.
and Her Majesty Queen Emma j. therefore emit
tied as statutory heir 90 one half Of that property
after the payment thero0Ut Of such portion Of the
late King debts as are not specifically charged by
mortgage or otherwise upon the reserved lands,
Debts Of the latter class ought clearly to be paid
ont Of the estate encountered herewith
In cuns1uance with the findings OF the Court the
Legislature passed the Acts Of Dee 81 1854. d. To
make % permanent settlement on Her Majesty
Queen Emma," and OF jan, 1855. " To relieve
the Royal Domain from lucumbruEces, and to
render the same iHalguablo." Tho former pro-
vide, an annuity to Queen Emma on condition of
heI release Of dover ln the ROYAL Domain. BY the
second Act the Government A. authOriZsd to issue
eyclequeE bonds for the payment Of mortgages on
the Crown Lands TO be repaid with interest
iEoW the income thereof. IN u" the Legislature
assumed the payment Of these bonds and released
the estate clear 90 the Commissioners.
10 Is plain fIom the foregoing citations amt state
menisih9t ihe premises here IN question are not
portion Of Che Crown Lands Of which the control IS
vested ~ lhg crown ia9a I oininiSsioners Who are
here dcignuAut-. ana that they descended TO the
personal heirs of Alexander Iiholiho. who was Ma
mChamthg ~.
ING letlNeN At41fE.ts Gen, Is.l, on t.e part Of
tlg 9eienoaut- submits mat me phintih Is estgp-
pld from Asserting heF legal tltlc on Two grounds
]. lT+l Al l nag hael thf properly 81 hunlgil-
iAehl d. must nave paeh sofa {" pay ms dents
= lhtl sue l4Nlh- accepted the telitt IRON me
N'.tIunehi' lh' crown mas no" acquired TINS
properly
ne lniigdlgs7 'l. tg,.lmphy OF Gov. -. Dom
III " tlls t4ee' '4ll A NS tlt AdIlnlSiFAtor oil
II h'Je-tl Ram, ilAlhei' " succoeulng Af. Nm
"t..5',I, 90, ~, u,e,"-t % il.al Gentleman; anu
Glntlhuel l"lAul,liipi M tle 't1te was settled
Iyta.AAS 20 .uy.e rom tne iInoate Soutir he
io - ~ ~ y. ~ 1lly lI!N1't Lilll1 %, tne
~ - ~ XVl ~, ~ ~ W, !. 49,
-, ti5 ,' - 'l', ,. y, ~, ,;., ~
y. N IVES ~ S,.'i vs. iue 7. ny tlio 6y
~ s ia - is ~ ~ ,-.t't - %
49, ~ - - - -, - - - =. ~ - S.o"li
- - isci ~, Isl ~ ,ii"s - tS.eS -
Lin - Il, - I e uig 10 - s sS
,Ii ia - 80 oSLI-eu % ~ .tne
-. &: - - , IL " y " s'lu ~ 'i'.'S
- ,+L M ''4'' WIZ VI INV '''''' Va
Nstleu'l.lyua l ,.,
~ "a tT i,,, ~. g mn D,L a i3,1
s-g H. 49, ~. Inn ny va 1'l, NJ, ~
~ LlL, 5l,sl y ~, ul i-ll'l7 M wa
80 az l-,ill' SllLs " PeIlOu ~ ny onhis-
tL' iE .fi so'I NeIs ulItSt gLlIs ~
os FuiSl,7es ps i.lH'lluo' 'oi7iuereu the others
=" ~ NLo"H 4-lliy7-
NoLl ~. a.l.e lual '.yte sel' no lnnI.Sasc7 on
s ~ W Il'il ~ IN -; lli9 i9tlsses ne
'lli on 'lpsL l-'.A.es Su y1IiI anus llaI the-T'
tH' t'ltts Legoies % N estate OF haineh4
i9sF' ny, p llVcI ~ CNiS,uoe y tuS
49, - - 20 III ~, ". ~ ~ SLeloL ~
-, l'' ~ ~, ~ ~ 80. WIN oliiifiiilioh
81 7.lu, tLl .Ll NlslllliIslIai3f received $500
LL,ll l'. lLs.-s.Ls loL INC tel59Se 81 mortgages
sevti,0 on Town l..las, ,iI ti1t At the mai