The Hawaiian gazette., 1889-01-22

OF w. 4. IunallIO, also minors.
These were by far the most important
young chiefs OF the country. They
were the heirs to existing chiefs
rights in very large and numerous
estates or lands. The rights were
not in the fathers lands, for they
were living. The estates which the
fathers received by the Ndbclc and
the awards of the Land Commission
were greatly inferior to those of their
children, for their children were
much higher in rank through their
mothers. Victoria Kamamalu was
the female heir of the great Kaahu-
manu-, receiving from her by prefer
ence over her brothers, the largest es-
tate in the Kingdom, and the rank
and dignity of kuhina Nui, almost
equivalent tp a dual kingship. Lot
KamehamehA was the heir in like
manner of the HOapilis, theif estates
and the hereditary governorship OF
the Island of Maui. They would not
reach majority during the time linn
tied for filing claims.
The father of the four first men
toned chiefs, NJ. .KekuanaOa, Chas.
Kanaina, the father of Lunalilo, and
John ii, the guardian of the person Of
Victoria, all then in the prime OF life,
and men of great influence in public
affairs, were members of the Privy
Council. 1t was in that body, which
at that time had a function of the first
importance in the Government, that
the problem Of placing the land OF the
Kingdom upon basis OF separate
and fee simple ownership was most
exclusively discussed, and therein
the plan of the MabeIe and the Board
of Land Commissioners was accepted
as the solution. Two We're coupled
together. The phraseolOgy of the re-
lease on the part of Kamehameha
Ill, of his interest in the lands ma
heEed or divided off to the chief Is in
this form, taking the MuheIC of Lot
Kamehalneha for the instance:
Ke ae aku nei au keia mahele.
Ia maikai. No Lota Kapuiwa Ka
mehamana Ma alma kakauia maluna.
Ia ae iaku hiki Ike lave aku imua
ka Poe Hoona Kuleana.
Sig. KAMEHAMEHA.n
Which translated, is:
al hereby assent to this division.
1t is good. To Lot Kapuiwa Kane
hameha are the lands above written.
IL IL nCIGDN d41Oh GU " ltb1NN AAASiAA
before the Board of Commissioners,
etc.
The same men were also members
of the Legislative Council which en-
acted the statute containing the see
ton under discussion.
NJ. Kekuanaoa signs the Ndbelc
book for the lands relinquished by
Lot Kamehameha, as father and
guardian of the property of L. *. ha-
mehameha He signs in like man.
ner for his other chiIdTen-in the case
of the lfahcIc of Victoria, John Ii
also signing as the guardian of her
person. Chas. kanaina signs as the
father and guardian of the property
Of w. c. Lunalilo.
The act amounted to quit claim
deed of their wards. interest in the
lands released.
The guardian had authority to dis
pose of the wards real estate, without
order of a court in probate. hdmeba-
Bteha as. HoOEdRO, , Haw. us.
In my view this was a binding act
for all that comes within its scope.
The lfabeIc or Division was designed
TO be for each claimant an entire and
conclusive act The omission of a
land from the list which was to be di-
vided would amount to 4 positive
waiver of claim and the guardian had
the legal right to make it. This APP
pears by the decision cited above and
it is also plainly inferrable from the
nature and necessity of the case.
a division was to be made upon
which should be established titles of
all the real estate of the Kingdom. l
think it is not a tenable proposition
that those who were represented by
guardians had right to take divis-
ion for part of their claims, and by
omission to present others have u
right to hold them thereafter. To
have carried out the view that it was
optional for a guardian to present
part, or any of his wards claims to
the Board without the result OF bar
ring those not presented, would have
, defeated the purposes Of the statute.
The minors above named, before
the severance of the Governments
half held this kind of unsettled claim
in a very considerable portion of the
territory of the Kingdom, perhaps as
much as one-fifth in value, and in the
view that their titles would have held !
good so much would have remained J
undivided and unquieted" forever
But apart from the Interpretation |
given by the historic view OF this |
case, it does net appear to be the law
that statutes of limitations should not |
be construed strictly and literally.
There is an exception expressed in |
the statute in favor of claimants absent |
from the Kingdom, and having no |
representatives therein. These eN- /
cepted cases must have been exceed |
ingly few. The rule of construction /
erpressto uaiUS est erclUsjO altCriuS
then ought to exclude all other eX-
ceptions.
1.-THE Court disclaims all right or
inclination to put on statutes of limit
alton which are found to be among
the most beneficial to be found in our
books, any other construction than
their words import Per Living
stone J., in Fisher rs. HHpdeI', Paine
Cir. Co r. 81.
&" A statute of limitations, instead
of being viewed in an unfavorable
light as an unjust and discreditable
defense should have received such
support from courts of justice as would
have made it what it was intended
emphatically to be, statute OF re-
pose.n Per Mr.. Justice Story in Bell
as. Morrison, Peters, Z. S. $50.
1.-THE courts do not now, (1S50l UNI