The Hawaiian gazette., 1884-02-20

another side, and the 'Pohanui stream on
the remaining side.
Mr.. Koelling the defendants, manager, says
he delivered all Of "Field A" Including lot
"F'') to Chung FOok, representing plaintiffs,
IN March, 1850. He says he event over the
whole of the lot with him and showed him the
boundaries as laid down Tin Monsarrat iHap.)
He did not object to any part Of il. 1t is very
good soil and all bottom land; WIS planted
with cane. laid out ditch in upper corner;
spent two days dwelling to show them where
to bring on water. No part of field is high
er than thc ditch" Chung Fook says, Eve
got lots and in March 1880" Lots aad
with the piece ''F" comprise field "A" Of
the Monsarrst map. "No land above dot
"F'') is suitable for cultivation. Outside of
where 1 cultivate in lst is about 10 #. nbove
river. Water cannot be taken on to highest
part above and that is the only reason | do
not plant it; it is good land"
Mr.. Bertleman says that lot ''F'' il a little
lower than Z, three or four feet above tho rir-
er Certainly it is fit for rico culture. They
want low land There is good manieuie grass
there and some bushes The Cinnamon have
had their cattle there since they took posses
sion" Mr.. G. n. Wilcox says the piece r,ark-
cd ''F'' could he planted, not 30 fat Al the
rest of the valley. The part next the river
might be subject to freshets.
Richard Gsrke says Of this tract OF land,
that he examined it, and it was rich, alluvial
soil and not as much subject to foods as some
other places then planted by plaintiffs. He
applied to Chung Fook to lease this land TO
him and recsired the reply that this wa, not
allowable by the term Of the lease and that by
and hy they would plant it themselves. That
the place was grown up with bushes and grass
III ,,ttta on 4 that lnoL.J -oIi
eve think that the effect Of this testimony 10
that not only was this LOT delivered to plaintiffs
but that its possession was retained by them.
1t cannot properly be urged that the plaintiffs
are not liable to pay rent for this piece because
they use this lot for pahturase under the a.
srecmcnt that defendants are to furnish pas
turnCe upon the lands owned or controlled by
the Plantation Co., for the horses and cattle Of
Chulan s. Co. used in working and culiivat-
ing the land" The plaintiffs cattle were to
be pastured on pasture land, free Of charge,
presumably in common with the defend ants
cattle, and not upon land which is suitable for
rice culture and delivered as such. Lot sc,
containing or , acres, 10 declared by Messrs.
Berteman and Wilcox 10 he perfectly suitable
FOR rice
The lots b and c lie on three sides of lot /,
Of Rowsll's map, which plaintiffs plant with
rice. Mr.. Bertlenan says Of these lots that
they are adapted for rice and have been plant
ed in cane. Mr.. Wilcox says of them, 81 see
uo reason why they shonld not be planted in
rice"
Lot had been PREPARED for rice but absn
doned. Mr.. Rowel who surveyed these lands
in 1850, says there were several patches a
round lot l, prepared but evidently abandoned.
As to lots j and +, both Mr.. Bsrtleman and
Mr.. Wilcox say they are now grown up with
rushes and are DOGGY or swamPy; but it is said
that their present condition is owing TO neg
leCl Of draining during two or three years past.
On the other hand Mr. Rowell says that the
land above . and 1ots and E) was sWampy
and rusl-grown and seemed to be bliGhted
near the sour water and that this swamp was
not caused by not keeping drains open.
We are of the opinion that these lots cannot
be considered as suitable for rice culture, and
so exempt the plaintiffs from liability te pay
rent therefor.
Let a reference be made TO the clerk ef the
court 10 ascertain the acreage Of lots d and E
of swampy, rush land, and on the coming in Of
this report a decree will be signed ordering
the defendants To execute lease in accordance
with the agreement for 363.5s acres Of land,
less the acreage of lots d and E, and tina: the
parties settle their accounts on the above
basis
A. S. Hartwell for plaintiffs; F. NJ. Hatch
for defendants.
Honolulu, Jan. 30, 1854.