The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-08-21
ed marked Exhibit A and made part
hereof.

use OF his said grantor made his
certain indenture OF mortgage con-
veying to one j. Mott Smith the said
first above described premises,
copy of which indenture of
mortgage is hereto attached
marked Exhibit b and made
part hereof. That 10y said mort
gage the said mortgagor undertook
to secure to the said mortgagee the
payment of the sum of six thousand
dollars with interest thereon at the
rate of ten per centum per annum.
10. That the then Minister Of FL
nance believing that in conformity
to the said Act of the Legislature
hereinbefore mentioned all the pri
vate property of the estate of his
said Majesty the late King Kameha-
meha Nv had been sold in accord
ance with the provisions of the said
Act of the Legislature issued the
bonds Of the Hawaiian Government
amounting to the sum of twenty
seven thousand dollars and paid said
sum realized from said bonds TO
various persons then having liens
and mortgages upon the said Royal
Domain and extinguished and re-
leased said liens and mortgages.
IL. That among other liens and
mortgages SO paid by the then Min
lister of Finance the lien and mort
gage made by said VIM. Webster to
the said j. Mott Smith amounting to
the sum of seven thousand three
hundred and thirty-two ($7,332) dol
lars upon the premises hereinbefore
first described was by said Minister
of Finance paid and discharged.
IL. That in consideration of the
payment by the said Minister of
Finance of said liens and mortgages
and in the belief that the said prem
ises were part of the Royal Domain
and not part of the estate of his said
Majesty the late King Kamehameha
Nv one Robert Moffitt, executor of
the last will and testament of the
said VIM. Webster then deceased
made his certain deed of conveyance
to John 0. Dominis, Ferdinand w.
Hutchinson and Charles G. Harris,
the then duly qualified aud acting
Crown Land Commissioners and
that the said Crown Land Commits
sioners and their successors in Office
have ever since then held and now
hold said premises as part of the
Grown lands. That said last men,
toned deed is hereto annexed mark
ed Exhibit q and made part hereof.
Ii. That all the said above des-
cribed premises were at all times
until the date of the various judg-
ments hereinafter mentioned by the
parties to this action and the people
generally believed to be and were
reputed to be part of the Royal
Domain or Crown lands so called
and not lands belonging to the
estate of His said Majesty the late
King Kamehameha w.
Ia. That under and by virtue of
the aforesaid Act of the Legislature
the possession of the Royal Domain
or Crown lands SO called was vested
in the said Grown Land Commission
ers and has been held by them and
their successors in office ever since the
passage OF said Act including the
pieces and parcels Of land hereinbe-
fore in paragraph Of this bill par
ticularly described.
Is. That by the provisions of said
Act of the Legislature one-fourth of
the annual revenues derived from
the said Royal Domain or Crown
lands so-called should be set apart
and applied to the payment of the
interest upon the bonds issued under
said Act and any excess thereof
should be applied to the payment of
the principal of said bonds.
16. That no part of the principal
due upon said bonds or of the in
terest due thereon has ever been
paid.
II. That after the issuing of said
bonds and the payment of the said
sum of twenty-seven thousand dol
lars by the then Minister of Finance
to wit: on the 18th day of March A.
D. 1881, Her Majesty Emma Kalele-
onalani Queen Dowager defendant
herein did commence her certain
action in this honorable Court aud
filed her complaint therein against
the Crown Land Commissioners
praying among other things in said
complaint that she recover one un-
divided moiety of in and to the
premises hereinbefore described as
heir at law of His said Majesty the
late King kamehameha ". That
such proceedings were thereafter had
in said action. that Judgment was
rendered against the Crown Land
Commissioners and in favor of Her
said Majesty Queen Emma KaIeleo-
nalani for the possession Of said
premises.
IS. That after the issuing of said
bonds and the payment of said sum
of twenty seven thousand dollars by
the then Minister of Finance to wit:
on the 1st day of March A. d. 1888,
Her late Highness Ruth Keelikolani
did commence her certain action Ia
this honorable Court and filed her
complaint therein against the Crown
Land Commissioners praying among
other things that she recover posses
sion and have restitution and be
adjudged to have the title in fee OF
aud to the one undivided moiety OF
the premises hereinbefore described
as heir of the estate of His said Ma
N