The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-06-30
DECIDED JUNE 20, 1900.
SUBMITTED MARCH %, 1900.


under all the of
the lease fully opinion, to the right
to divert but the
right outside premises for the purpose OF
generating though
purpose electricity generated to the
premises for use thereon
OPINION OF THE COURT PERRY.
The questions at between the parties in this have
been submitted to this decision upon agreed state
ment of facts accordance with the provisions of the statute
From that statement appears that October "A, $780,
GAY & Robinson a copartnershp executed lease of certain
the Island of Kauai w R. Watson for
the term years of such lands and so
the remainder thereafter Watson assigned said lease the
defendant corporation and that defendant by virtue of said
gnment holds all the rights powers and
privileges under said lease The demed lands
described in the lease by mees and bounds resevng to the
lessons the exclusive right of pauage upon all such lands
within demsed premises shall have been fenced in by
plantation lands and long the shall
remain mfenced."
The lease also contains the following provisions:
And is hereby further declared agreed
during said of fifty years and subject to the conditions
hereinafter expressed take and all the and of
the Koula and Hanapepe and Makawe rivers for eating
and for umng and for mill and plantation purposes but
only for the deised premises and for said purposes
upon lands of the lessons and such dams other
works be necessary order obtain and such
always provided that the lessee shall
time and wise thereby abdge interfere with the
right of for irrigation which heretofore has
been enjoyed by land holders used for irrigation by the les
Ianapepe or Makawe lands valleys any
interfere with the of others and also that such the
lessons be restricted within such limits shall be authorized by
said Crown land leases wherever the apply thereto And
also that if the lessee shall think fit to take and the water
Of the said Makawe before taking the of the Koua
he shall be liberty do but if he shall do he shall
take the from the Koula unless within
years after he shall have commenced making the
demsed premises And also that the lessons shall be liberty
have free of charge supply of for their domestic and
garden through two twonch pipes be laid by them from
the mutually convenient points of any pipes bitches
which the lessee may take from either both of said
Koua and Makawe rivers And also that the lessons shall be
entitled from the lessee free of charge irrigation
and for the domestic of their plantation abor such pro-
portion all the available the lessee for the being
the the lessons fields shall bear the of the
essees fields requiring irrigation And which
the lessee shall be entitled by virtue of these presents
used by the lessee for any but plantation purposes And also
that if for the period of years any
times after the lessee shall begin and making sugar
aforesaid the lessons shall have the least hundred
of plant and first under
the said 600 of land their option two
consecutive years omit fail and cultivate year at
least fifty OF therein then and in such and there
after all of the said at the disposal of the
lessee for plantation Provided however that any
until the end OF the further period of two years from said
years first above named the lessons may they elect
and give written notice of such election have and
retain the full of all of said 600 paying the
the of six hundred dollars $4,000 year for each such
years during which they Shall have such of plant
and first ratoon under cultivation shall
planted and cultivated fifty aforesaid And also that
the lessee shall not be obliged any supply lessons
with irrigae than in any one
year 1t being agreed however that the lessons may
water furnished upon said 600 partially wholly
upon other lands Of the lessons herein the lessee
and that all grown by the lessons with furnished
them shall be delivered the lessee for grinding the
hereinafter forth But failure by the lessee supply
lessons with sufficient for rgang the lessons shall
always be sufficient for their failure to plant and cult
aforesaid. And the lessons hereby further
with the lessee that before the end of five years after
lessee shall have offered and agreed these