The Hawaiian gazette., 1894-07-24
OPINION Or THE COURT BY JUDGE
WHITING.

An orier WAS made for the appoint
m-ut OF Commissioners for the partl-
ton Of certain lands known as the
Waikspu Commons and s portion Of
Pulehunui on the island Of Msui, and
il wss ordered and decreed that parti-
ton be made Of the lands, premises
and hereditsments described and set
forth in plaintiffs bill OF complaint
and that three Commissioners be ap-
pointed for the purpose OF making
such partition, who were directed 10
make such partition as shall be Just
and equitable in the premises, and, 70
thst end, 10 divide said lands and
premises into two equal half parts,
quantity and quality relatively con
sidered. and That they allot 10 the
plaintiff. the Hawaiian Commercial
and Sugar Company, one OF the said
eQual half parts, and 10 the defendant,
the Waikapu Sugar Company, one Of
the said equal half parts, 70 be held
and enjoyed by the said parties in sew
crafty.
And that the said Commissioners
shall designate the parts or portions
so allotted TO each o. the said parties,
and the boundaries thereof, by sufh-
cient description and monument.
And il wss further ordered that the
said Commissioner do make full and
ample report TO this Court OF their pro-
ceedincs in this behalf, under their
hands, or under the hands OF any two
OF them, specifying the manner in
which they shall have executed this
orier, and describing the lands diyid-
ed and the parts or shares allotted
TO each party, with the quantity,
courses and distances Of each share,
and description Of the parts, stones
and other monuments thereof, and the
items Of their charges and expenses
And il was further ordered that the
parties hereto be and they are hereby
required to produce TO and leave with
the said Commissioners, for such time
as the Commissioners shall deem
reasonable, all deeds, writings, sur
veys and maps relating TO the said
premises or any part thereof.
And il was further ordered that II
case partition OF said premises cannot
be made with perfect equality between
the said parties, according 70 their re-
spectiva rights and interests therein
unless CONDENSATION be made 70 one
OF said parties by the other OF them
for equality of partition, that then,
snd in that case, the said Commits
sioners ascertain and report the prop
er COMPENSATION which ought 10 be
made for equality OF partition, and by
which of the said parties the same
should be psid, and 10 which the
same ought to be allowed.
The Commissioners were appointed
and duly reported. SIS follows:
"Immediately on being appointed,
your Commissioners, in company with
counsel for both sides, visited Maui
and examined the land in question.
We find that owing 70 the natural
lay Of the land the Hawaiian Com
uercial & Sugar Co. have occupied the
eastern or Hsleakals side OF the Com
mons, while the Wsikspu Sugar Co.
have occupied the western or Waikspu
side. The Hawaiian Commercial and
Sugar Co. have cultivated and plant
ed in sugar cane q considerable portion
OF the available sugar land or the
side occupied by them, as well as hav-
ing fenced and generally improved the
J =z-L-E- AAE - dAAA-k - s--@--2- ~ ---- :
/ fenced and planted in sugar cane on
their side about loo acres, the balance
OF the land being used for pasture,
with the exception OF about lyJ acres
near Maalaea which has been fenced
aud planted with slgsrOba trees by the
! Waikapu Sugar Co. We have, aftel
carefully examining into the natural
/ conditions and interests and taking
into consideration the improvement:
/ Of each of the parties, and having tax
/ en- the evidence Of MeSsrS- Il. Centel
1 and ". II. COrnwell, arrived az the
/ conclusion that the only equitable
partition would oe from north tC
I south. that il dividing the Commons
/ into an easterly and westerly portion
/ similar 70 the present occupation, and
/ in conformity with this view We have
I determined on the following diyisiOn:'
| Here follows description by mete;
and bounds-'giving 70 the eastern
/ section. which we award 70 the Ha-
/ vsiiau Commercial and Sugar Co. al
area OF $40 acres and to the western
| section. Which we award 70 the Wal
] kspu Sugar Co, an srea Of $50 acres
/ below the foot hills with the addition
I Of the Waikspu mountain lands
amounting to about 2730 acres above
| the line Of the foot hills
On the eastern section awarded u
| the Hawaiian Commercial and sugar
/ Co. We estimate an ares OF -779 acres
more or less. Of esne land Of varying
| quality, sItusted mostly al the north
| ern snd western portions, with
small portion al the south western
quarter. OF the 200 acres. more Cl
less, of poor, rocky land, large por
| tion i located SlOog the south and
south eastern pzrt Of this tract
on the western or Wsikapu section
We subdivide the 6sl0 acrSs about a
/ follows: In the sOGt1 and we~t por