Waihona Aina

Wailupe Fish Pond, Wailupe Ahupuaa, District of Kona, Island of Oahu, Boundary Commission, Oahu, Volume 3, pps 7-9

Before William Foster, Commissioner of Boundaries for the First Judicial Circuit of the Hawaiian Islands

In the Matter of the Boundaries of the Fish Pond and Kula, belonging to the Crown, in the Ahupuaa of Wailupe, Kona, Oahu, Hawaiian Islands

This matter came on for hearing before William Foster, Commissioner of Boundaries for the First Judicial Circuit of the Hawaiian Islands at the Police Court Room, in Honolulu, Oahu, on Tuesday, the 23d day of June 1891, at 2 o'clock p.m.

Petition of C.P. Iaukea, Crown Commissioner and Land Agent was filed on June 17, 1891, on behalf of the Commissioners of Crown lands for settlement of the boundaries of the fish Pond and Kula, belonging to the Crown, in the Ahupuaa of Wailupe, Kona, Oahu; a survey of the boundaries, as claimed, being attached to said petition and made part here; and it being averred in said petition et al. Mrs. Perry, the owner of the Ahupuaa of Wailupe, is the only person interested outside of the Commissioners of Crown Lands.

Mrs. Anna Perry was notified by mail and telephone of hearing on this day.

Present: M.D. Monsarrat for Commissioners of Crown Lands
No appearance of or for Mrs. Anna Perry.

A map of said Fish pond and Kula is produced by Petitioners.
W.S. Wond is sworn as Hawaiian Interpreter.

M.D. Monsarrat, sworn, says, I am the regularly appointed Surveyor for Commissioners of Crown Lands, who claim the fish Pond and Kula in question in this case. I made the survey attached to the petition. It is correct and contains true courses and distances. I got my information from Kalua and Kealaiki on the land. Kealaiki is now ill.

Kalua, sworn, says, I live at Wailupe, Oahu; have lived there all my life; am now over eighty years old. I went with Monsarrat and showed him the boundaries in this matter. The Pond and Kula of Wailupe begins on the Windward or Maunalua side at a rock; goes along Kuauna to loko of konohiki. Then along another kuauna to main road. There is a curve in the survey, by a house; then it goes to loko of konohiki; then straight to end of loko konohiki. Then to main road. An embankment of stones is boundary between land and sea. A spring there is called Puhikani; it belongs to the Crown Lands. Then the boundary runs along stone wall to a spring called Punakou, which belongs to the Crown. Then the boundary goes to Pukoakahalauaola, which is towards Honolulu and is the boundary between Waialae and Wailupe; then it goes to Makaha, gate of pond; then to Pauahi's house. The kuapa is the boundary. Then the boundary goes to Puuoku, and along the kuapa back to the rock where [page 8] it started from. These are the true boundaries that I have given.

Keoahu, sworn says, I was born when Kamehameha I died; born at Waialae, Oahu, adjoining Wailupe, and have lived there all my life; know Waialae and Wailupe; know the fish pond and kula of the Crown at Wailupe. The boundary on windward side begins at a rock near where I am now living; then it goes in a winding line, not in a straight line, to Puhikani, a spring, along the kuauna. Then along a natural kuaauna, one made by God, to a spring Punakou. The pond side of this natural kuauna is now dry, but there used to be a pond there. From Punakou the boundary goes along the kuauna to Pukoakahalauaola, which is the boundary between Wailupe and Waialae. The two springs, Punakou and Puhikani belong to the crown from olden times up to now. The main road now does not reach to the natural kuauna, but goes along the edge. From Pukoakahalaualoa the boundary goes to Puuoku; the boundary is a stone wall that bounds Waialae and Wailupe. From Puuoku the fish pond wall is the boundary to the place where I live. These are the true boundaries that I have given.

William Hunt, sworn says, I have lived at Wailupe three years. I lease the Crown Land and Fish Pond there. Kealaiki is sick and cannot come here today. The boundaries given by Kalua and Keoahu here today, are those that were pointed out to me when I leased the land three years ago. Mrs. Perry claims to be entitled up to the edge of the fish pond, in the place that is now dry between the road and the pond, but this was pointed out to me as Crown Land and I have claimed it. She has also claimed a right in the spring Puhikani, but I claim that also under my lease, and it was pointed out to me as belonging to Crown Land.

Certificate of Boundaries. See post, pages 10 to 15.
[Written over the following text: Cancelled July 22 1891 William Foster, Commissioner of Boundaries]
Be it remembered that on this twenty-third day of June, A.D. 1891, at Honolulu, Oahu, Hawaiian islands, on petition of the Commissioner of crown Lands for settlement of the boundaries of the Fish Pond and Kula, belonging to the Crown, in the Ahupuaa of Wailupe, Kona, Oahu. I have taken the testimony of Kalua kane, Keohu kane and William Hunt, as to said boundaries, and have inspected a survey and map of said Fish Pond and Kula produced before me. M.D. Monsarrat was present, on behalf of said Commissioners of Crown Lands. Mrs. Anna Perry, who was alleged by said Petitioner to be t ....