The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1890-03-04
Supreme Court OF the Hawaiian
islands In Baaeo. January
Tern. 1890.
NSInENAR kNCnSgN W rHH
RoARn or EDUCATION,

81 o. EQsritg 70 nsc,Grs a T-sS,,
Tae survey ~ y site Tor y SchCol-houSs
uaSse IN pursuance ~ Section : ~
the Act al l0ly y, ISL entitleSi
An Act u provide Tor the better
SUppo-t SrG greSter efficiency % the
pGolic Scho0lS,' and occupStiOn BY
The RoSoi a EiUoStion 81 the site.
i prsSOmpsive evidence that the
site was IN Use s. such ~ the time
the Act passed Sn6 than il hSd been
granted tor this purpose by the
owner u the land in which il Is SIT
CSceG. The site did not pass - the
leSSee O. the land though NOT spe-
clrcSlly excepted.
Opasfos q tss Coisrt per JsCiG, C. J.
The avermentS in the bill are
Substantially - follows: On March
: 1855. Kamehameha III. being
owner Of the land Of Poku. contain
Ing S-G ScreS, situate in the district
81 hOnS. Island Of Kauai. leased it
II one john II. Gruben for fifty
years from the lSt July, 1882, for
the rental Of twenty-five cents per
scre. On the 18th September,
ISIS. Gruben assigned one undi-
videG half Of the sid leS>ehOld
premises 70 one Archibald Archer,
who. with the administrator Of the
estate Of sid Gruben, assigned on
the Isl October, lass, sill the said
lssSehOld premises 10 the plaintiff,
who hSs ever since held the said
GemiSed premises under the said
lease, except - far IS said lease was
mergei in another lease Of the same
land. since become $ part Of the
R5ysl Domain, made 70 the plain
til BY the Commissioners Of Crown
Lands, dated the lSt July, 1877,
for thirty years; that said Archer
snd Grubsn entered and occupied
the premises under said Lessee and
assignment that 4 piece Of land Of
abcut two acres IN extent within
the demiSed premises wSs, until
recently held by plaintiff. and il
hiss become Of especial value 70
plaintiff thar the defendant Is now
interfering with plaintiffs use Of
sid pSrcel and claims 70 Be entitled
% Il BY virtue Of Royal Patent No.
-. dSred in 1884. described therein
s. =. Lot ?" and Is against plain
tits protest, building hole
thereon for : teachers residence,
sad refuses 70 deSiSt from 50 doing,
o. % sccept smother convenient site
II said Pokii, which plaintiff Of
fsrsd 70 defendant without preju-
dice That s. far IS Plaintiffs
rights in the land % patented are
concerned, the said patent was Is
sued without susbOrity Of law and
Inadvertently, S1d that defendzn
ought 70 be decreed trustee thereof
70 the use Of plaintiff; that plaintiff
on taking the aforesaid leases had
70 notice Of defendants claim 70
sid parcel
The answer puts the plaintiff %
proof Of the 1rSt lease Slleged in the
bill: Simits the lease from the
Commissioners Of Crown Lands
sdmits plaintiffs possession Of PO-
XII. except the part described in
LOT , Of said Royal Patent No SO
znd svers that the said lot hsS been
IN possession OF defendant since
ISIS, and hSs been used by the
Of Public Instruction and
this defendant for public school
purposes, under open snd notorious
claim Of ownership, and that in
1855 defendant built s s-hOOl-hOuSe
and that s SchOoI-hO1se has been
and 3 school Conducted
on this lot continuously until 1885,
Ehen plaintiff, who SsS then school
sgeut. without authority Of law or
the consent OF defendant I0rtiOusly
removed the school house, and at
tempted % appropriate the lot 70
his oEn Use; that plaintif has for
twenty years last past resided neSy
sid lot. and during nearly aH Of
the time been defendants agent,
and has been vel aware Of defend
ants occupation Of said lot De-
fsndSnt denies that said lot i. or
ever has been Crown l. ID, OF that
tie ROYAL Pzrent No. g Vas issued
without the sUthOEity Of law Or IN
zdvertentIy, and svers that the
ROYAL Patent ESs based upon s
snd setting spart Of
said land On the 18th January,
1874. IN accordance with zn Act Of
Of July 9, 1880, md Of
5 resolution Of the PTiyy Council
passed IN furtheranee Of the Act,
On the sd Dscember, 1850
II II. Cg[ET-
ms cGSs presents g1=SGll1s q sT1ch
zrszr importance = E1s cf1UEG1E-E =
-s.zzrl5S the I1Esres1s q rsllZ11a and es1E-
-zzsao A. q rs.1ire A sLrs16s'i lrzFssti-
cz-l1c-
Tie c1sszs1o q paramount interest II