The Hawaiian gazette., 1883-03-14

amount Of not more than $4,000, which the Com
nnissioners jointly with the Minister may negotl-
ate for the redemption OF the mortgages WHICH
msy remain unsatisfed, after the admnisiraIol qI
His late Maiesty's estate has exhausted all the
urivate estate which the administrator may be le-
callv entitled TO use. The proposition Of the de
PENDANTS here, Is that the administrator oa9nt %
have sold these premises II they Wert eslt.
Let rs sec. The preamble Of the Act refers only
to mortgages charged on the Royal Domain. pur-
suant to the finding Of the Court, that the Domain
should pay what was charged upon 1t. II is adj
raifted in there WAS no mortgage on these
premises and the administrators accounts state
that the 5000 received from the treasury was re-
lieve mortgages charged on the crown lands. From
this II follows that the administrator would not
have been legally entitled 10 sell such private e-
tate Of the deceens is here in question: fof the
payment Of such debts as were met by the $4,000
taken frum the Treasury, aud that he should not
have sold IT before taking funds from the Govern
ment.
But this sum of money was not al that time a
alft 20 the Royal Domain. much less. was It ben
eft to the plaintiff. She had parted with her in
terest therein in consideration of the annuity from
the Government. II does not appear that the
amount of the permanent settlement had not been
made with reference ti the value Of dover in the
estate as nlortcaged, and in any case, this amour.
had been agreed upon, with no condition Of any
other release than Of the dover herein, twas yet
only lean Of the Government credit Section 8
provides that one fourth part Of the annual rove
nue. Of the Crown lands shall be paid into the
Treasury to satisfy the interest and accumulate a
fund for the payment Of the bonds until the en-
tire sum authorized TO be loaned should be paid.
In 1856, Jnly 9th. was passed IN Act which. re-
citing in n lengthy preamble that HIS Majesty.
hanehRmeha V, had derived bnt small advantage
from the Crown lands in consequence Of the
charges upon them and in view, especially of His
Majesty generosity. in conserving TO the fimita-
ton of the Royal Domain, enacts that the Hawaii
an nation assumes the payment OF the bonds
issued under the Act Of Jan. Sd, 1865.
IL g Al
rs Of the Act granting the annuiiy was for the
benefit OF the reigning Sovereign, who might then
enjoy the entire income of the Crown Estate. How
then were the heirs 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 incum
bent OF the throne! Or how can it be said that
this contribution Of the Government TO 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 be paidg If to the Commissioners. il is gift
of another $4,000. And the Government does not
hold the premises and demand payment.
If We then dismiss the claim as untenable ON
what may 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 If he had consid-
cred them such. Little need be said upon this In
view OF the line of reasoning which the court has
ioloNeu- Upon estoiIel gloundS the adIniniStra-
ter was esopped from claiming that he injured the
Crown Lands by neglecting to sell this estate be-
fore selling any part of the Crown Lands If he
did sell such4 or before going on the Government
credit, for he was also the Crown Land agent, and
as such must be held TO have forborne to realize
upon that estate which he says he might have sold
He left IT where the heirs of the legal title might at
any time assert their claim. As now the plaintiff
has
The finding Of the court is for the plaintiff pur-
suant TO the description of the premises in the |
complaint, less the pieces disclaimed; Lot No TO-
for the unsold remainder of the partition of IA
": with costs.
W. Il. Castle and F. 81. Hatch for plaintiff; the |
Attorney General for defendants.
HoSouuLu, March :;rd. 1855.