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Kukuipuka Ili, Kahakuloa Ahupuaa, District of Kaanapali, Island of Maui, Boundary Commission, Maui, Volume 2; pps 111-121
No. 97
The Ili of Kukuipuka, Kahakuloa, Kaanapali, Island of Maui
In the matter of the settlement of the boundaries of the Ili of Kukuipuka, Kahakuloa, Kaanapali, Island of Maui
Wailuku, Maui, December 16th 1913
Proper application having been made to me November 14th 1913 by J.D. Tucker, Commissioner of Public Lands for the settlement of the Boundaries of the Ili of Kukuikapu, an Ili of the land of Kahakuloa, District of Kaanapali, Island of Maui, as follows:
Territory of Hawaii, Commissioner of Public Lands
Honolulu, November 14th 1913
Dear sir:
In further of our verbal conversation yesterday I beg to hand you herewith a copy of letter received from the Government Surveyor, W.E. Wall.
I would request that you furnish the Commissioner of Public Lands with a certificate of boundary of the Ili of Kukuipuka, Island of Maui
Very respectfully
(signed) Joshua D. Tucker, Commissioner of Public Lands
M.D. Monsarrat, Esquire, Commissioner of Boundaries for the Island of Maui, Honolulu,
Enclosures
The above received November 15th 1913 with the following enclosure
(Copy)
Honolulu November 14th 1913
Joshua D. Tucker, Esquire, Commissioner of Public Lands, Honolulu
Sir,
I have to acknowledge the receipt of your letter of the 14th instant, regarding the disputed boundaries between the lands of Kukuipuka and Kahakuloa, Maui as leased.
[page 112]
In answer thereto I beg to state:
1. General Lease No. 15 leases the land of Kukuipuka for a term of 50 years from July 1st 1863 and describes it as lying between the top of the left bank of the Makamakaole gulch and the boundary of the land of Waihee, and between the sea and the mountains;
2. On July 5th 1908 Assistant Kanakanui wrote a description of Kahakuloa Tract No. 1 (adjoining Kukuipuka) and described it as running “down the South edge of the Makamakaole gulch along the Ili of Kukupuka [sic] to the sea.” This description necessarily follows the one mentioned above as it was written before the expiration of General Lease No. 15.
3. On April 1st, 1913 a technical description was written of that portion of Kukuipuka below the forest reserve.
The same phraseology was used as in the description of the Kahakuloa Tract No. 1.
General Lease No. 15 having expired on June 30th 1913, the Kukuipuka Tract was re-leased as described in the new description.
I am of the opinion that the “South” edge of the Makamakaole Gulch means the same as “the top of the left bank of the Makamakaole gulch” just where the edge is, can only be determined on the ground.
Very respectfully
(Signed) Walter E. Wall, Surveyor
On receipt of the above application I sent the following letter to J.D. Tucker, Commissioner of Public Lands, viz.:
Honolulu, November 15th 1913
J.D. Tucker, Esquire, Commissioner of Public Lands, Honolulu, Territory of Hawaii
Dear Sir,
Your application for the settlement of the boundaries of the Ili of Kukuipuka came to hand today. I would like you to furnish me with a list of the [page 113] adjoining owners and all parties interested in the settlement of the said boundaries with their addresses if possible, so I can advertise the hearing. Said hearing I intend to set for December 16th 1913, at 10 a.m. at the Court House in Wailuku, Maui, Territory of Hawaii. Please let me know if the above date will be convenient for all parties. Hoping for an early reply.
I remain Yours Very truly
M..D. Monsarrat, Commissioner ....
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.... ook Pupule's evidence.
Pupule, kane, sworn, I was born in Kahakuloa; am now 76 years old. Have always lived at Kahakuloa. I planted taro north of gate at Government road on ridge in Makamakaole gulch. Said taro land is all in Kahakuloa and not in Kukuipuka. Kahakuloa takes all of the main stream and small streams north of ridge where wall, fence and gate are on; the Kukuipuka and Kahakuloa boundary runs from sea up the Makamakaole stream to a water hole called Kapuna; then up ridge along wall & fence to gate in Government road thence up center of ridge to Puu Kukae on edge of the Waihee Valley.
All north of this line belongs to Kahakuloa. The present Government road in Makamakaole gulch is mauka of the old road Lahoole, Local name for Makamakaole gulch at sea. There are a lot of local names in the Makamakaole gulch but Makamakaole is the general name for the whole gulch. I know about the Kukuipuka natives getting shrimps in the stream but they only fished by permission of the Kahakuloa people. They had no rights in said stream North of the gate. I knew Kekuanui's father. When the Plantation had Kukuipuka and John Richardson the land of Kahakuloa I planted taro under Richardson on the South side of the Makamakaole stream North of the gate on Government road and mauka in [page 120] Makamakaole gulch.
There being no further evidence offered and after hearing the testimony of the above witnesses and having given the matter my due consideration, I therefore decree that the boundaries of the Ili of Kukuipuka, Kahakuloa, District of Kaanapali, Island of Maui, are as follows:
Beginning at the mouth of the Makamakaole stream at sea at a place called Lahoole and running up the centre of the stream of Makamakaole passing the streams of Waikeaokua and Keahinaluahine from the South and on to a water hole called Kapuna; Thence up wall & fence on ridge to the gate at the new Government road and thence up the centre of the ridge to Puu Kukae on the edge of Waihee Valley; Thence to the boundary of Kukuipuka & Waihee and down said boundary (which has been settled by Goodale Armstrong March 28th 1895. (See page 47 of this book) to the sea and along sea shore to initial point.
See map attached and filed in this book.
I adjudge the foregoing to be the true and lawful boundaries of the Ili of Kukuipuka, Kahakuloa, District of Kaanapali, Island of Maui.
M.D. Monsarrat, Commissioner of Boundaries for the second Judicial Circuit.
Honolulu, December 19th 1913
[pages 121-123 are the map]
[page 124]
Costs
Hearing &c&c, $30.00; Stamp 1.00; Transportation &c&c 19.50; Certifying 2.00; Certificate 600 words 3.00; Evidence 3500 words 8.75; Advertising P.C. Advertiser 6.25; Advertising Kuokoa 5.25; Total $75.75
Honolulu, December 18th 1913
Received from J.D. Tucker, Commissioner of Public Lands, Boundary Commissioner Book No. 2, for the Second Judicial Circuit
M.D. Monsarrat, Commissioner of Boundaries for the Second Judicial Circuit
Honolulu, December 22, 1913
Received from M.D. Monsarrat, Commissioner of Boundaries for the Second Judicial Circuit, Boundary Commissioner Book No. 2, for the Second Judicial Circuit
Joshua D. Tucker, Commissioner of Public Lands
Honolulu, December 22, 1913
Received from M.D. Monsarrat, Commissioner of Boundaries for the Second Judicial Circuit, a certified copy of the certificate of the boundaries of the Ili of Kukuipuka, Kahakuloa, District of Kaanapali, Island of Maui
Joshua D. Tucker, Commissioner of Public Lands
[No. 97, Kukuipuka Ili, Kahakuloa Ahupuaa, District of Kaanapali, Island of Maui, Boundary Commission, no amount,1913]