The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-04-28


the of Il years from said 9th day of September A D.
1898 the plaintiff and has executors assigns
might and should and herd free of Charge all said $50
head of and heers all bulls used for
breeding purposes the lands then used for paage the
said Ahupuaa OF Wpio and other lands within ahupuaa
and that the said Charles would over all wild
unbroken cattle running the said Ahupuaa of Wapo and
other lands within adjoining said Wapio and under his
troll to be held and owned joint of plaintiff
and the said Charles y Brown and that he, the said Charles
y Brown would all his herd of cattle then
nn said lands to be held and owned for the joint
of the plaintiff and the said Charles A. Brown, dividing equally
all net profits and bearing equally all expenses;
And that the plaintiff should management
tro conducting and carrying of the cattle bust
entered into under said agreement;
Excepting however, and reerving operation
the land then used for RICE aro pond seas
ing and salt lands and certain house lots and paddock said
agreement expressed
And and stiplations which fully
appear in said written agreement.
That plaintiff placed said herd ON said land and
that said herd with increase, except
sold the ordinary of the business of ranch
together with the cattle agreed as aforesaid to be placed thereon
by said Charles a. Brown pasturng and running said
land and that the plaintiff has this date managed and carried
on the cattle ranch so formed as aforesaid and now
and the and has all respects
formed all the and things required by said to be
done and performed by him.
That the End day July, 1897 Charles
A. Brown and Irene Brown transferred and conveyed
Holmes who herepon transferred and conveyed the defend
the said land and all their cattle thereon and all their rights
under the said and that the defendant holds the
conveyed and has exercised and
all the rights secured to said Charles A Brown and Irene
Brown under said and has accepted and undertaken
and liable and subject all the and stpuations
a.
of them made and entered into and by the said
g. That the herd of cattle held under said
by the plaintiff and defendant and running and pasturng said
land number from 600 to about 700 head
T. That the deep gulch called the Kipapa Gulch, Is III
said land part of the which said
pasture and since said agreement have and pastred
s. That the water naturally flowing and through the said
guc varying greatly IN wet and dry seasons and IN times OF
eshe has always heretofore been available and of great
and benefit the cattle running said lands and that there
many natural ecepace pools depressions and pockets
SAID gc which water has always heretofore accumulated
times of fes of and there remained for the
benefit said by
disappearing by natural causes OF evaporation otherwise and
that in dry the said cattle largely depend for their drinking
upon collected and standing aforesaid such
receptacles, pools depreons and pockets in said guch:
o. That the defendant the 18th day of April last inform
ed the plaintiff that negotiating with the Oahu Sugar Co.,
Limited for lease of the said guch and portion of
the maka part said land Wapo and the defendant would
recognize rights of Brown and McCandess the
matter meaning thereby and including rights of the plain
tiff in under the said agreement:
That the defendant claims that has the right to lease
asserts Oahu Sugar
large land being portions of said Ahupuaa of Wapo
of said tracts containing about 200 and between
and containing about acres the
peninsula and known Pahao;
And also grant to said Sugar Co. right
and take from said Kpapa Guch all the which the defend
and said Oahu Sugar Co., both of tem should claim
be for the and of the cattle and
business mentioned in said agreement;
And grant said Oahu Sugar Co the right build
such fumes and bitches and make such reservoirs as the said
Oahu Sugar should be necessary proper the
lands named in said agreement and not leased to said Oahu
Sugar Co.
IL That the lands proposed by the defendant to be leased
the said Oahu Sugar Co. part the lands heretofore used
and for cattle ranchng under the said
and and proper for the full benefit and enjoy
of said lands for cattle ranch for the purposes named
in said agreement.
That the defendant also claims that has the right and
that about grant the said Oahu Sugar Co. the
right tap and heretofore flowing said gulch
the head of said order thence
divert the above mentioned and that such tapping of
said and such diversion of said would except
of feshe result drying up the bed of the OF
heretofore flowing in said gulch
- That the granting OF said lease and water as a1or
said would authorize permit the said Oahu Sugar Co. to dig
and maintain bitches and the lands here
ofore and held for said cattle anchng and that such
bitches would be required in order the rights proposed
he