The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-07-21
OPINION OF THE COURT BY JUDGE
WHITING.

An order was made for the appoint
Yneut of Commissioners for the parti-
ton OF certain lands known as the
Waikapu Commons and portion OF
PuIrhunui OH the island of Maui, and
il was ordered and decreed that partl-
tfon he made of the lands, premises
and Entertainments described ana sci
forth i'm plaintiffs bill of complaint
and that three Commissioners be APP
POINTED for the purpose al making
such PARTITION, who were recteh 10
make such PARTITION rs shall DE Just
and equitable in the premises, anu, 10
that end, TO divide said lands ana
pre mises into two equal half parts,
Quantity and quality relatively con-
81 Tered, and tnat they ailot TO the
plaintiff, the Hawaiian Commerclai
and Sugar Company, one OF the saId
equal half parts, and to the defendant,
the Waikapu Sugar Company, one OF
the said equal half parts, To he heid
and enjoyed 10y the said parties IN sew
orally.
Add that the said Commissioners
shall designate the parts or portions
SO allotted to- each of the said parties,
and the boundaries thereof, by sutfl-
cient description and monument.
Aud it was further ordered that the
said Commissioners do make full and
ample report tn this Cou tot their pro
ceediugs i'll this behalf, under their
hands, or under the hands OF any two
of them, specifying the manner In
which they shall have executed this
order, and describing the lands dlv1d-
ed and the parts or shares allotted
to each party, with the quantity,
courses and distances OF each snare,
and description of the parts, stones
and other monuments thereof, and the
items of their charges and expenses.
And it was further ordered that the
parties hereto be and they are hereby
required to produce to and leave with
the said Commits. oners, for such time
as the Commissioners shall deem
reasonable, all deeds, writings, sur
yeys and maps relating to the SAID
premises or any part thereon.
And il was further ordered that III
case partition of said premises cannot
be made with psrft CT equality between
the said parties, according To helr re-
spectivt rights and interests therein
unless com. ensation De maue 10 one
of sad parties 10y the other of them
for equality of partition, that then,
aud in that case, the said Commls
sion. rs ascertain and report the prop
er cOmpe nsation which ought tn be
made for equality of partition, and ty
which of the said parties the same
should be paid, and To which the
same ought to be allowed.
The Commissioners were appointed
and duly reporter, as follows:
"Immediately on being appointed,
YOUR Commits ,iOners, in company with
counsel for both sides, visited Maui
and examined the land in question.
We find that owing to the natural
Law of the land the Hawaiian Com
mercial & Sugar Co. have occupied the
eastern or Haleakala side of the Com
mons, while the Woikapu Sugar Co.
have occupied the western or Waikapu
side The Hawaiian Commercial and
Sugar Co. have cultivated and plant
ed in sugar cane Il considerable portion
of the available sugar land on the
side occupied by them; As well as hav-
ing fenced and generally improved the
same The WHikapu Sugar Co. have
fenced and planted in sugar cane on
their side about 100 acres, the balance
of the land being used for pasture,
with the exception o. about 100 acres
near Maalaea which has been fenced
and planted with algaTOha trees by the
Waikapu Sugar Co. We have, after
carefully examining into the natural
conditions and interests, and taking
into consideration the improvements
of each of the parties, and having TAX
en- the evidence of MeSsrS. III. ent +
and w. III. Curnwell, arrived at the
conclusion that the only equitable
partition would De from north to
south, that is dividing the Commons
into an easterly and westerly portion
similar to the present occupation, and
in conformity with this view we have
determined on the following divisions"
Here follows description by meres
and bounds-"giving to the eastern
section, which we award TO TN ha-
waiian Commercial and Sugar Co. an
area of $40 acres, and TO the We stern
section, Which we award TO the Wal
kapu Sugar Co, an area OF OSLO acres
h low the foot hills, with the addition
of the Waikapu mountain lahds,
amounting To- about 2730 acres above
the line OF the foot hills.
On the eastern section awarded 10
the Hawaiian Commercial and Sugar
20 we estimate an area Of 217O acres,
more or less, of cane land of varying
quality. situated mostly at the north
erp and western portions, with
small norton at the south western
ouarter. OF the 200 acres, more or
less, of poor, rocky and, large por,,
ton is located along the south aud
south eastern part of thus tract.
On the western or WaIkapn section
mo subdiyide the $50 acres about as
follows: In the south and west por-