The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-07-21

It was the familiar practice of the |
Land Commission to issue an award |
for land by its name. This was
authorized by the Act of June 10,
1852. The land was held according |
to its ancient boundaries until a
survey was made and the boundries
established by the Boundary Com
missioner. No royal patent could
issue from the Land Commission.
The award confirmed title to the
land. There remained outstanding,
however, the interest of the Govern
ment therein. To enable the holder
of an award for land to obtain a
fee simple title, he must not only
have its boundaries settled but must
commute the Government rights
therein. Having done this he would
be entitled to a royal patent to be
issued under the Great Seal of the
Kingdom. (See Section 43, Civil
Code.)
Kuleanas or awards to tenants in
all the lands of the kingdom Except
as below mentioned) were not sub
ject to government communication.
See Act of 9th August, 1850. Awards
for house lots (kuleanas) in Homo
lulu, Lahaina and Hilo, were subject
to a Communication of one fourth Of
the unimproved value of the land.
Lands of the description of the
one at bar-being what is commonly
known as an ahupuaa-were subject
to communication with the government
for one-third of their unimproved
value.
The law governing these matters
is found in the Principles adopted
by the Board of Commissioners to
Quiet Land Titles in their adjudica-
ton of claims presented to them,"
PIP. 81 to "a, vol. l, Statute of 1876
enacted as law October 26, 1916.
On page 90 it is laid down that
the share of the government, or the
body polite, to be committed for
with the Minister of the Interior, by
! any confirmed claimant wishing to
obtain fee simple title under
/ Chapter Z of part first Of the Act to
organize the Executive Depart
ments). this board understands from
the evidence addueed before them,
to be one-thtrd pert Of the ualue of the
land, aoithout Improvements which third
part of unimproved value, being paid
by the confirmed claimant, should
extinguish the private rights of the
King in the land" etc.
One third was the maximum value
of the interest retained in all the
lands of the Kingdom" Id.
Section 10 of the Act creating the
Land Commission Up. 100, l Vol.
Statutes of 1846l authorized ''the
Minister of the Interior in concur
renee with the Privy Council, and
under the sanction of His Majesty to
issue to any lessee or tenant for life
of lands so confirmed, patent in fee
simple for the same upon payment
of a Communication to be agreed upon
by His Majesty IN Privy Council"
The maximum of one-third being
fixed, lesser rate could be accepted
by the Government and by resolution
of the Privy Council of June 8, I847
the rate for which building lots could
be committed for was ''one-fourth OF
the present unimprEed value"
| The rate of all other lands re-
NAMED the same-one-third OF the
unimproved value. In 1850 many Of
the chiefs extingnished the Govern
ment rights in the lands they re
tanned by surrendering to the Gov
eminent other lands to which they
were entitled.
But where this was not done, as il
tie case of the land of "Papaikou,
under consideration, the Government
interest of one-third still remained
At what time should the value of tn
land be taken as the basis upon which
to estimate this one-third of th'
Government At the date of thu
, award as contended for by the de
l PENDANT, or at the present time whel