Boundary Commission

1914 192 Shipman, W.H.
Certification: 192
Ahupua`a Waikahekahe Iki
District: Puna
Island Hawaii
Ownership: Shipman, W.H.
Misc:
Year: 1914
Statistics: 29481 characters 4674 words
Waikahekaheiki Ahupuaa, District of Puna, Island of Hawaii, Boundary Commission, Hawaii, Volume A, p. 453

To Honorable R.A. Lyman, Boundary Commissioner, Island of Hawaii

May it please your Honor to set a day for the hearing and deciding of the Boundaries of the following lands belonging to Her Highness, Emma Leleolani, Queen Dowager, viz.

Kawaihae, Hikina in South Kohala
Waiaka 1st (Ili of Waimea), South Kohala
Waiaha 2, North Kona
Pahoehoe, North Kona [South Kona]
Konawahi, North Kona [South Kona]
Kahului, North Kona
Kalama, South Kona
Kamoamoa, Puna
Kuikuihala, Puna
Waikahekahe 2d, Puna
Kaupo, South Kohala

And your petitioner as in duty bound will ever pray, &c.
J.O. Dominis, Agent for said lands for E.G. Hitchcock, his attorney
Hilo, Hawaii, august 2d, 1873
H.A. Widemann, Agent for Mrs. Naaea, E.G. Hitchcock, his [her] attorney


Waikahekaheiki Ahupuaa, District of Puna, Island of Hawaii, Boundary Commission, Hawaii, Volume B, pps 399-400

The Ahupuaa of Waikahekaheiki, Puna, Hawaii

For Petition see Folio 453, Book A.

On this, the 28th day of February A.D. 1876, the Commission of Land boundaries for the Island of Hawaii, 3d Judicial Circuit met at the Court House at Hilo, Hawaii, on the application of J.O. Dominis, Agent for Queen Dowager, Emma Leleonalani, and H.A. Widemann, Agent for Mrs. Naaea by their Attorney, E.G. Hitchcock for the settlement of the boundaries of the Ahupuaa of Waikahekaheiki, situated in the District of Puna, Island of Hawaii, 3d Judicial Circuit.

Notice of time and place of hearing personally served on applicant, and owners of adjacent lands, as far as known.

Present: J.H. Nawahi for applicants, and L. Kaina for the Hawaiian Government. Owners of Waikahekahe Nui not represented. The Commissioner of Boundaries has written to the owners of this land several times, but they decline to do anything about it, until it is settled who the land is to belong to, as it formerly belonged to Kale Davies, wahine, and she died leaving 5 heirs, and the Estate has not been divided.

Testimony

Palau, kane, sworn, says (The witness appears to be over 60 years), I was born at Keekee, Puna, Hawaii at time of Kahulupii. Now live at Kula Puna. Live at Keekee until my grandchildren were born (Pahio Haui's children) and then moved to Kula. Know land of Kukuihala and the boundaries of the land. My kupuna pointed out the boundaries to me.

This land is bounded of [sic] the Hilo side by the land of Kamaiili, and on the Kau side by land of Keekee. A portion of the land has been sold and patented by Government.

The boundary between this land and Keekee at the shore is between place called Halapapai on Keekee, and Kepio on this land, at an ahupuaa (ahu pohaku). Thence boundary runs mauka along old iwi aina to Hilo side of uluhele called Kaehuaina; Thence mauka along iwi aina to a large kukui tree called Kaumuliho; thence mauka into hala grove and to Kau side of kipuka mahina ai called Nahalapualiilii, and Hilo side of place on Keekee called Wahakanikani; Thence mauka to Kukui tree at oioina called Apeloa. The land is very narrow here.

(Witness points it but as being narrower than the Court Room upstairs); Thence mauka along aa to Kau side of cave called Papaiki.

Thence the boundary between this land and Kamaiili runs makai along old trail across aa. The path is paved with smooth stones to the Kau side of Kipuka mahina ai called [Ini? smudged]; Thence makai and off from aa to the Hilo side of place called Kawililauoho; thence makai along iwi aina to sea shore at place called Nailiohia. This place is a moku or rock in the edge of the sea. This land had ancient fishing rights extending out to sea. The piece of this land about the Government road has been sold to Kaaole by Government. The largest portion of the land remains unsold. It is a small land, and owned by Olohana (John Young).
Cross-examined

Testimony closed

Decision
The boundaries of Kukuihala are decided to be as set forth in Kenoi's evidence, the Royal Patent of a portion of this land, and the Royal Patents of a portions of Kamaiili

Certificate of Boundaries to be issued, as soon as map and notes of survey are filed.
R.A. Lyman, Commission of Land Boundaries, 3d Judicial Circuit.

Costs to date: hearing 10.-; testimony 1.75; $11.25 paid July 9, 1876.
Witnesses paid by applicant


Waikahekaheiki Ahupuaa, District of Puna, Island of Hawaii, Boundary Commission, Hawaii, Volume D, No. 5, pps 710

Before the Commissioner of boundaries of the Fourth Judicial Circuit, Territory of Hawaii

In The Matter of the Application of W.H. Shipman for a Certificate of Boundaries of Waikahekahe Iki

I accordance with the notice herein, and after due publication of the same and notice by mail to the commissioner of Public Lands, the petitioner by his attorney, Carl S. Carlsmith, Esquire and the Territory of Hawaii by Wade Warren Shuper[?], Esquire, Attorney General, appeared before the Commissioner of Boundaries, W.H. Smith, upon Monday, January 19, 1914, at his office in Hilo and at the request of said parties, the said matter was continued until February 16, 1914 at the hour of 10 a.m. at which time by mutual consent of the parties in interest it was further continued until March 12, 1914, at 10 a.m.
W.H. Smith, Commissioner of Boundaries, Judicial Circuit for the Fourth Judicial Circuit, Territory of Hawaii

By agreement and consent the above matter is further continued until March 26, 1914
W.H. Smith, Commissioner of Boundaries, Judicial Circuit for the Fourth Judicial Circuit, Territory of Hawaii

[Notice]
Before the Commissioner of Boundaries, Fourth Judicial C ....

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.... galvanized spike.
10. North 42 56' 37" East true 12,629 feet to a galvanized spike driven in the pahoehoe on the mauka side of the Puna Road.
[page 721]
11. North 40 30' 33" East true 23,752.5 feet to a point marked with a [blank] cut in the pahoehoe by A.B. Loebenstein near the edge of the sea pali at sea shore at a place called Laahale at sea shore.
12. Thence down the sea pali and along high water mark to initial point, the direct bearing and distance being South 63 16' East 936.1 feet.
Containing an area of 3,798 acres Fishing rights extend out to sea.
July 25, 1914
W.H. Smith, Commissioner of Boundaries, Fourth Judicial Circuit

[page 722]
In the Matter of the Boundaries of Waikahekahe-iki, upon the Petition of J.O. Dominis et al.

Order
Taxing costs
Costs herein are taxed against W.H. Shipman, successor in interest of the above named petitioner as follows:
Two days hearing of motion in above entitled matter $20.00
August 12, 1914
W.H. Smith, Commissioner of Boundaries

Costs $20.- paid August 14, 1914
W.H. Smith, Commissioner of Boundaries

In the Matter of the Boundaries of Waikahekahe Iki, Upon the Petition of W.H. Shipman, Owner

Order Taxing Costs
Costs herein are taxed against the Petitioner as follows
Fee of Commissioner for five days engaged in above entitled matter $50.00
Transcript of testimony 300 folio @ 25c75.00
August 12, 1914
W.H. Smith, Commissioner of Boundaries

Costs $125.- paid August 14, 1914
W.H. Smith, Commissioner of Boundaries


Waikahekaheiki Ahupuaa, District of Puna, Island of Hawaii, Boundary Commission, Hawaii, Volume C, No. 4, pps 168-169

No. 192

Certificate of Boundaries of the Land of Waikahekahe-iki, District of Puna, Island of Hawaii.

Land Commission Award No. 8520B Apana 4[?], G. Lahilahi, Royal Patent 1668

Commission of Boundaries, Judicial Circuit, W.H. Smith, Esquire, Commissioner

In the Matter of the Boundaries of the Waikahekahe-iki, District of Puna, Island of Hawaii

Judgment
An application to decide and certify the Boundaries of the Land of Waikahekahe-iki, District of Puna, Island of Hawaii, having been filed with me on the 24th day of December 1913, by W.H. Shipman, in accordance with the provisions of an Act to facilitate the settlement of Boundaries, now therefore, having duly received and heard all the testimony offered in reference to the said boundaries, and having gone on the said land at the request of and having endeavored otherwise to obtain all information possible to enable me to arrive at a just decision, which will more fully appear by reference to the records of this matter by me kept in Book No. 5, page 710 et seq., and it appearing to my satisfaction that the true, lawful and equitable boundaries are as follows, viz.:

Beginning at a point on the sea shore mar4ked with X cut on the pahoehoe at a place called Kuuwehu, the coordinates of which point of beginning are 11,422.5 South and 6754.40 East of Government Survey reference point Kaloli. The boundaries then run as follows:

1. South 56 14' West true 1337.5 to a point marked with a galvanized spike driven in the pahoehoe under a mound of stones at a place called Kauomano.
2. South 40 53' 25" west, true 23,971 feet to a spike driven in the pahoehoe under a pile of stones on the mauka side of the Puna Road at a place called Ohiakuapuu.
3. South 30 41' west true 9.471 feet following approximately an ancient trail to a point on the pahoehoe mound (where two cocoanut trees formerly stood) The names [sic] of this place is Pulehuakaula. A galvanized spike driven in the pahoehoe under a mound of stones two feet North of a lone cocoanut tree markes this corner.
4. South 60 27' 40" West true 53.365 feet along the land of Makuu to a point marked with a galvanized spike driven [page 169] in the pahoehoe under a pile of stones, said point being at the intersection of the lands of Kahaualea, Keaau and Makuu at a place called Kahuina, Kalaeolokea being the general names [sic] of the immediate vicinity of this place.
5. North 50 35' East true 27.900 feet along the land of Keaau to a point at the head of the land of Waikahekahenui, the local name being Mokuaalaa.
6. North 69 41' East true 11045 feet to the boundary of Waikahakahe-nui as certified by R.A. Lyman, May 23rd, [1900]
7. South 2 10' East true 3130 feet along the boundary of Waikahekahe-nui, as so certified.
8. North 36 45' East true 5700 feet along the boundary of Waikahekahe-nui as so certified.
9. [left blank] 69 41' East true 6700 feet to a pile of stones under which is driven a galvanized spike;
10. North 42 56' 37" East true 18,629 feet to a galvanized spike driven in the pahoehoe on the mauka side of Puna Road;
11. North 40 30' 33" East true 23,752.6 feet to a point marked with a [triangle with smaller triangle in it] cut in the pahoehoe by A.B. Loebenstein near the edge of the sea pali at sea shore at place called Laahale at sea shore.
12. Thence down the sea pali along the high water mark to initial point, the direct bearing and distance being South 68 16' East 936.1 feet.
Containing an area of 3798 acres. Fishing rights extend out to sea.

It is therefore adjudged, and I do certify and decide that the boundaries of said land of Waikahekahe-ike are, and hereafter shall be as hereinbefore set forth.

Given under my hand at Hilo, County of Hawaii, Territory of Hawaii, the Twenty-fifth day of July 1914
W.H. Smith, Commissioner of Boundaries, Fourth Judicial Circuit, Territory of Hawaii.

[No. 192, Waikahekaheiki Ahupuaa, District of Puna, Island of Hawaii, Boundary Commission, 3,798 acres, 1914]