The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-06-30


of said years he shall have commenced make
sugar the demised premises he will pay the lessons the
of five thousand dollars year rental for the demsed
premises in payments of twenty-five hundred dollars
each for each year thereafter exceeding years and after
the for any portion of year until he shall begin
making such sugar And that in any the lessee will
enclose the demed lands before commencing the construction
of the other main leads And also that if by the
end of the further perodf years following said first above
named five years. the lessee shall have begun make
sugar. then this lease and the premises thereby demed shall
forthwith be surrendered the lessons But it agreed that
upon such surrender other than the end of said fifty
herein mentioned the lessee shall be at liberty
from the premises buildings houses mills
and machinery but hererom otherwise dispose
of standing fences, wharf fixtures moorng buoy fumes
piping thereon And is also hereby agreed that the
lessons shall be held liable in damages for any respass
injury by animals upon unfenced lands of the lessee
thereby fence which less than four and onehaf feet
high and reasonably strong and against trespass by ami
mails And it is agreed that the lessee shall not be obliged
fence the one hundred yards space reserved but he shall all
times and at his expense maintain good and sufficient gates
at Mahnau and Hanapepe whereby the lessons may have
to said reserved space And also that fishing rights
and rights outside of the deed premises other than herein
granted hereby secured the lessee And also that the
expression plantation Lands. herein used shall be deemed
to mean all lands which the lessee shall have fenced
and the lessee shall always have the right of way for and
10 ms dltche fumes all the
lessons lands excepting however the present portion
the Kekupua valley lying mauka the Government road from
Kaumeke spring to Aka having due regard however the
rights and conveniences of the lessons
And that the lessons may have five watering places along
line of the eees main lead for watering the
of the eors the Nonopahu the ridge
the Aaka ridge Manieneula and also the
Kukmu ridge said main lead completed said
ridges respectively such watering places be arranged
be convenient of for said stocksn
The defendant has under the lease used, necessity of
its plantation demanded for plantation purposes the lands de-
missed and of the referred the lease and has
used and still the power of the conducted upon the
demised lands from the Koua river generate electricity for
in its MILL but has time used the power the
water it flows in the bed of the Koula river d, prior
to April p, 1892 notify either the plaintiff & Robin
son of any claim on its part to such power.
On July /, 1899, Gay q Robinson executed lease
plaintiff for the term of 20 years of all their right title and
interest and the power falling running water in
the Koula Valley above the of the Pamo and Mana
wal branches of the Koula expressly excepting all rights
acquired by the Hawaiian Sugar Company under the lease first
above referred ofor the sole purpose of creating and devel
opng electrical energy power hereom and transmitting
said power to such place places be desired This
lease to plaintiff further contains express grant of the right
to construct and maintain the lands of the said parties of the
first part within the Paemo and Manawai branches of said
houa Nae, lor salo term, such puonSs, INhoaons ana
upersrucues for machinery and appurtenance may be
obtain and said power for the purposes
aforesaid but not to interfere with the rights of other
heren together with the right of the lands controlled
by the parties the first part from the Government road
looking Hanapepe Valley Kano along the west side of said
Kano land up and the head of the Koua Valley but only
far shall be necessary for the party of the second part
to fully avail himself of all of the said power herein granted
and along said right of way and the lower end of Kano land
bordering the Government road Wahawa shall have the
right place poles and wires for the purpose of transmitting
such electric power but in wise obsruc the roadway
be dangerous to life animals
The junction of the Paiemo and Manawa branches of the
koula in the Koula valley about six miles above the
boundary of the lands described by mees and bounds
the lease Watson and the Koua water lead of the de-
PENDANT corporation begins the junction of said branches and