Saturday press. [volume] (Honolulu, H.I.) 1880-1885, 1883-03-17

'S| "GWG SNC"< 4, Jn"CGhf nam,
1883.
Her Majesty EMMA KALELRoNALANI, Queen
Dowager, as. CHAs. ii. JUDD, ct. ais, the
Commissioners Of Crown Lands.
Action Of ejectment tried before McCully, ].
the jury being waived.
The Royal plaintiff, the relict Of his late
Majesty kamehameha Nv, brings this action
for the recovery OF one undivided moiety often
certain pieces oflandi inner complaint described
In Hmine the complainant discontinues as to
the fourth, seventh, and ninth pieces. The
several pieces, except the tenth, are parts of
Land Commission Award No. 1880 TO His
Majesty Kamehameha III. The origin Of the
title Of these lots differs from that Of the body
of lands now known as the Crown Lands in
several particulars. The Crown Lands, as APP
pears by the Act to relieve the Royal Domain
from membranes and to render the same
inalicnable, January 3, 1865, are constituted
Of n schedule of lands set forth in the Act of
une 7, 1913, relating to the lands Of His Ma
jesty the King and Of the Government. BY
this last named Act this enlightened and mag
unanimous Sovereign laid the foundation for the
tenure Of real estate now subsisting, by separa-
ting his ownership in all the lands Of the King
dom conformity with some recognized but not
well defined rights Of his chiefs, rclinquishing
to the general government for just distribution
to claimants and for public ownershipthc great.
CT part Of the territory, and reserving for his
individual ownership royal estate which was
catalogued in the Act. The pieces Of land
here in question were awarded to Kamchame-
ha Ill, sis or seven years subsequently,, July
9th, 1854, January IA, 1855, and March a6,
1855. They are not Ills OF Ahupuaas de-
scribed merely by name, but surveyed lots Of
moderate size, one being but six tenths Of an
acre, one Is " acres. kamehameha III, died
on the 18th Of December, 1854, subsequent to
he award Of all the pieces but the first. The
claims ON behalf Of his estate are in the ordin-
AIRY procedure Of Land Commission business,
as when application was made by private per-
sons for kulcana awards. Some Of these were
disputed, and testimony was taken to deter
mine the rightful claimant. The tenth piece
in the complaint wasawarded, by Award 8, 732,
to Nuuanu and kamehameha III, and deed
Of partition was made August 20, 1855, between
Nuuanu and Kamehamcha ~. The pieces
thus awarded passed into the estate Of Kane
hamcha Ill, together with the before mentioned
land reserved.
The estate Of Kamehameha I'll as well as the
throne passed to Kamchameha ~, who con
tinued 10 treat the Royal Domain, as his pse.
decessor had done. as his private estate, selling
and mortgaging pieces thereof as occasion suit.
ell. his consou joining in the deeds to release
her dover Upon his decease iniesiaie. Nov.
embef 30, 1863. the throne passing lohis broth.
CT by the provision Of the will Of Kamehameha
Ill, the question IL "thedescent oflhc property
held aud possessed by his late Majesty Kane.
hameha w came before the Supreme CourI
upon an agreed statement u facts. The opin
ion Of the Court was written by Mr. Justice
Robertson, whose thorough and Judicial cast q
mind was aided by the intimate acquaintance
with the origin u land tenurcs inthis Kingdom
derived from his labors As one Of the Board d
Commissioners 70 quiet land Titles. The
Count had access TO the journals d the Piyy
Coaneil, and to the Secnsds 81 all the tranzac
tons leading 10 the present system u land
titles, and the progress u ideas and events I
LUMINOSITY set 10th In the decision, Which
must always remain among the most import
AMI ooniribuiioas % Hawaiian History. sa1
ttaw. Rep, p. "a
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