The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1906-11-23

OF ROADS
(From Thursdays Advertiser


Judge u. l.. Weaver rendered
decision yesterday In the Court o
Land Registration on the petition o
Augusta q. Lansing. Some of tn
boundaries given are corrected and tn,
decision sustains the claim of il. L
McCandless to possession of n leas,
of part of the property. 1t does no
sustain the Territory of Hawaii in 1t.
contention for ownership of land occu-
pied by highways. Following are som,
of the findings in the decision:
The petitioner is owner in fee simple
OF a tract of land called the iii OF
Onouli, in the ahupuaa of Waiahole
District of Koolaupoko, Island of Ca
hu, subject to lease made by Patrick
I Gleason, a former owner. to L. l.. Nc
Candless of Honolulu, dated Feb. %.
1901, which covers the Ill of Onouli and
also $50 acres of land in a royal pa
tent to Papahu situated in Waikane.
There is a reservation to the lessor of
five acres of kula land in the lease
mentioned. The lease is for a term
Of Is years from Jan. 8, 1904, at an an
nual rental of $500.
The court does not think that the
the fee simple passes upon five years
user by the public without acts Of
ownership performed by the owner-is
sustained by the authorities or by rea-
son applied to this case. Even IL con-
stitutional," the court says, when
construed as contended for, / do not
think that the Legislature intended the
Act to apply to cases of abandonment,
SO that the fee simple should pass. The
Legislature intended to specify what
title should be taken by the Territory
by deed or upon condemnation proceed
ings, and to set the title for which
compensation should be paid"
Again: This taking over roads does
not interfere with the taking over of
public easement unsurveyed when
the same has been abandoned to the
public, as in this case. If a greater
title than the easement be required the
statute provides means by which to
acquire the fee simple and gives au-
thority to take the fee simple If the
authorities desire to exercise their au-
thority"
AS occasion for going into the road
question at great length, as 1t does,
the court says the case is q typical |
one of many that have come before 1t, |
and the title to about all the public |
highways in the Territory and most |
lands are affected by the contention of
the Territory.
A decree is promised in accordance
with the decision when the petitioner
amends her map and description in ac-
with the boundaries indicat-
I'd in the decision, with approval by
he court surveyor and submission to
he court for its approval.
Costs are awarded equally against
he petitioner and the contestant, Nc
candless.
Castle G. Wilmington appeared for
he petitioner, A. G. M. Robertson for
and F. w. Milverton for
he Territory. The land in question
las an area of about sixty-five acres.
OPINION ON DEEDS.
Judge Weaver yesterday rendered an
x parte decision. answering inquiries
f Registrar Merriam relative to two
ertain Deeds which were drawn in
UGH a manner as to occasion some
oubt in his mind regarding his right ,
o accept them for registration. The ,
eeds are found all right. Full name ,
r names If more. than one" the deci- ,
ion says, refers to the unusual con- ,
tion here that certain persons like ,
he Chinese have more than one :
anne, each one consisting of more I
han one member" ,