Explanation of abbreviations, 1906.

ANNOUNCEMENTS OF DOCUMENTS RECORDED IN THE RECORDER’S  OFFICE.

ABBREVIATIONS [HUA HOAILONA].

We publish in this column announcements of documents submitted for recording at the Recorder’s Office [Keena Kakau Kope] here in Honolulu, as well as the documents recorded there. However, in order for those who read this column to understand it, they will need to know first the abbreviations shown below: Continue reading

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Clarence A. Crozier did not like what he saw on Niihau, 1946.

Isolation Of Niihau Is Blasted

(Additional Story on Page 2)

The pall of isolation that has made Niihau a forbidden island will be torn asunder if Santor Clarence A. Crozier, Maui, has his way.

A member of a senatorial party which visited the island Tuesday, Senator Crozier did not like what he saw and promised to do something about it.

“Niihau, which has been preserved for three generations by the Robinson family as a last refuge of primitive Hawaii, is 80 years behind the times,” Senator Crozier said.

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John Smith, flautist for Kamehameha III, and land rights, 1904.

HAS DECLARED THIS ACTION GOOD

INTERESTING CASE BEFORE LAND COURT—A NEGRO FLUTE PLAYER AS A COURT MUSICAN—COOKE HOMESTEAD CLEAR.

Enoch Johnson, as examiner of titles, is the author of an opinion filed in the Torrens Land Court to the effect that one John Smith, a negro flute-player for Kamehameha III was owner of a valuable piece of land on Young street, for which application was made for a Torrens title by C. M. Cooke, Limited. As the negro got the California gold fever and left, disappearing and leaving no heirs, Johnson comes to the conclusion that the property reverts to the Territory. Judge Weaver, however, differs, from this opinion and holds that the petitioner is entitled to a clear title.

The land was granted to the flute-player by Royal Patent 26, on July 17, 1847, by King Kamehameha III. Twenty-five years ago it was used as a pasture land, in the old days when its value was a mere trifle. It is now residence property. When the gold fever broke out in California flute-player Smith gave up both his job as a royal musician and his land near what then was of Honolulu then and left with some other negroes for California. He has never been heard of since and adverse possession has long since run against him or his heirs.

Enoch Johnson, however declares in his report to the court that adverse possession does not run against the government and that the law provides that property left without heirs shall escheat to the government. Here he holds that the Attorney General should be notified and that Smith’s “estate” is escheated to the government.

“I have to disagree with the conclusions of law set forth in the opinion” says Judge Weaver in his decision filed yesterda. “I am of the opinion that the applicant shows a prima facie case of title. The Territory of Hawaii has no title in the lands by reason of the law of escheat, for the reason that no ‘inquest of office’ has been had to take possession of the land. The abstract of title shows that the applicant is entitled to a fee simple title subject to a life interest in C. M. Cooke and his wife, Anna C. Cooke, as set forth in their deed to Charles M. Cooke, Limited.”

(Hawaiian Star, 6/23/1904, p. 8)

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The Hawaiian Star, Volume XII, Number 3824, Page 8. June 23, 1904.

Fishing rights to Hamohamo leased by Auwae, 1895.

FISHING RESTRICTED

Whereas I have received the lease to the fishing rights for the seas of Queen Liliuokalani located at Waikiki Kai, that being the fishing area of Hamohamo on the makai side of where the Calvinist Church stands, then going east until the border of Kaneloa, to the seas called Niau, I therefore restrict Octopus [Hee]; but as for the other fish, they are open to all others. Therefore, abide by this or you will be in trouble.

Auwae.

Waikiki Kai, Oct. 28, 1895.

(Leo o ka Lahui, 12/13/1895, p. 4)

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Ka Leo o ka Lahui, Buke II, Helu 1356, Aoao 4. Dekemaba 13, 1895.

Did Waterhouse make a profit? 1916.

THE PIECE OF LAND AT THE CORNER OF FORT AND HOTEL STREETS SOLD FOR $80,000.

That section of land at the corner of Fort [Papu] and Hotel [Hokele] Streets, on the Ewa side of Fort and makai of Hotel, 57 feet on Fort Street and 37 feet on Hotel Street, was purchased by the Waterhouse Company from Mrs. Mary H. Damon for $80,000.

This is the area proposed by the Board of Supervisors [Papa Lunakiai] for road widening some time ago, and it seems that this place will be taken by eminent domain [hoopii hoohewahewa] so that the county can widen this area of the street. This area of Hotel Street is narrow indeed, and if it is widened, the width will be good, where we will be able to say the street is uniformly wide, and not narrow like it is now. If the electric car on Hotel Street continues on here, other cars would not be able to come or go because of how truly narrow it is; but if it is widened, other cars can travel without any confusion, for the street will be wide enough.

(Aloha Aina, 3/4/1916, p. 1)

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Ke Aloha Aina, Buke XXI, Helu 22, Aoao 1. Maraki 4, 1916.

Clarification from the Commissioners to Quiet Land Titles, 1846.

TO ALL CLAIMANTS OF LAND IN THE HAWAIIAN ISLANDS.

The undersigned have been appointed by His Majesty the king, a board of commissioners to investigate and confirm or reject all claims to land arising previously to the 10th day of December, 1845. Patents in fee simple [alodio], or leases for terms of years, will be issued to those entitled to the same, upon the report which we are authorized to make, by the testimony to be presented to us.

The board holds it stated meetings weekly at Hale Kauila in Honolulu, to hear the parties or their counsel, in defense of their claims; and is prepared, every day, to receive in writing, the claims and evidences of title which parties may have to offer, at Hale Kauila, in Honolulu, between the hours of nine in the morning and three in the afternoon. Continue reading

Land Commissioners, 1846.

PAY HEED!

On the 9th of February, the King appointed Keoni Ana as Minister of the Interior [Kuhina Kalaiaina].

On the 10th of February, John Ricord, William Richards, Zorababela Kaauwai, J. Y. Kanehoa, and Ioane Ii were appointed Commissioners to settle land claims [Luna hoona i na kumu kuleana aina]; the Minister of Interior selected them and gave them an oath as per what is prescribed in Article 4 of Chapter 7 of Part One of the Second Act of Kamehameha III.

[O ka hoohiki, oia no:

Ke hoohiki nei kela mea keia mea o makou, e imi pono me ka paewaewa old i na kumu kuleana aina a na kanaka i hoopii mai nei no ke Aupuni o ko Hawaii pae aina, a e hooholo makou i ka olelo pono no ua kuleana la, ke kumu kuleana, ka loihi o ke kuleana, a me ka nui o ka aina, e like hoi me ka olelo iloko o ka Haawina eha o ka Mokuna ehiku o ka Apana m ua o ke Kanawai i kapaia, ‘He Kanawai hoonohonoho i na hana i haawiia i na Kuhina o ko Hawaii Pae Aina,’ i hooholoia ma Honolulu i keia la _____ o _____, 18_____.

Imua o’u _____ _____, ke Kuhina Kalaiaina.

The oath reads:

We and each of us do solemnly swear that we will carefully and impartially investigate all claims to land submitted to us by private parties against the government of the Hawaiian Islands; and that we will equitably adjudge upon the title, tenure, duration and quantity thereof, according to the terms of article fourth of the seventh chapter of the first part of an act entitled “An act to organize the executive departments of the Hawaiian Islands,” passed at Honolulu, _____ day of _____, 18____.

Subscribed and sworn to, this _____ day of _____, 18_____.

Before me, _____ _____,

Minister of the Interior.]

(Elele Hawaii, 3/3/1846, p. 184)

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Ka Elele Hawaii, Buke I, Pepa 24, Aoao 184. Maraki 3, 1846.