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No. 44, G. Rhodes & Co., Claimants
F.R. 60-63v1
To the [Honorable] Board of Commissioners to quiet land titles.
[Gentlemen] I submit to you herewith the evidence of our title to certain land at Hanalei in the island of Kauai, which I request you to examine & confirm to us according to our legal right in them.
Signed, JOHN R. VONPFISTER
for G. Rhodes & Co.
Sheriff's sale:
Know all men by these presents, that whereas I the undersigned Sheriff of Oahu under the authorization of the Excellency the Governess of Kauai, and by virtue of an execution issued upon a confessed judgement against John Bernard in his life time in favor of certain of his creditors on the 17 day of April 1845 did on the 16 day of June in the same year after due advertisement according to law expose to public vendue due at Sheriff's sale, all the right title and interest of the said John Bernard deceased, in and to the land and premises described in a certain lease thereof in the following words & figures. Viz.
I, Haalilio hereby lease a certain piece of ground at Hanalei Kauai bounded as follows: On the west side of the Hanalei river beginning at the aqueduct called Hukiko the eastern boundary of Mr. Charles Titcombe's plantation and extending up the Hanalei river taking all the bottom land exclusive of taro patches to the Mokuna between Kiloa and Ohiaiole which comprises about 90 acres: On the east side of the river beginning at the Alapii of Kuakea and extending up the Hanalei river to the Mokuna between Kilou and Ohiaiole taking all the bottom land which comprises about 160 acres making in all on both sides of the river about 250 acres of bottom land.
It is furthermore agreed that J. Bernard be allowed to run a fence in a straight line on the top of the hills above the ravines to secure his land from depredations.
To J. Bernard it be used & employed by him or his heirs and assigns for fifty years from this date upon the conditions. He is not to manufacture or sell any ardent spirits upon the said land, and he is to pay each and every year to J. Haalilio or his heirs and assigns the sum of two hundred & fifty dollars as full rent for said land, and when this lease is fully expired, he is to restore the said land together with all the buildings, enclosures and improvements thereon to J. Haalilio or his heirs & assigns the owners of the land.
In testimony of our mutual assent to the above terms we bind ourselves & our heirs or assigns to the fulfillment of the same, and subscribe our names this eighth day of September in the year of our Lord, One thousand eight hundred & fifty two at Honolulu, Oahu, Hawaiian Islands.
For J. Haalilio
Signed in the presence of Joani Ii
Signed, G.P. JUDD
J. BERNARD
We hereby give our approbation to the above lease of land.
Signed, KAMEHAMEHA
KEKAULUOHI (LS)
And whereas John R. Vonpfister and Godfrey Rhodes, Hawaiian subjects became the purchasers thereof at such Sheriff's sale for the sum of two hundred and seventy-five dollars, that being the highest bid, then and these offered for the same.
Therefore know ye that for and in consideration of the said sum of two hundred & seventy five dollars to me in hand paid as Sheriff as aforesaid, the receipt whereof I do hereby acknowledge I have released and by these presents do quit claim unto the said John R. Vonpfister & Godfrey Rhodes, and to their heirs, executors, administrators, & assigns, all the right, title, interest & terms of years which the said John Bernard in his life time and in the said lease-hold estate and in the tenements, improvements & appurtenances situated thereon, subject to the conditions of the lease hereinbefore copied by which he held the same.
To have and to hold the said premises upon the conditions aforesaid unto the said John R. Vonpfister, & Godfrey Rhodes, their heirs, executors, administrators & assigns for and during and until the full end term of the lease to said John Bernard.
In witness whereof I have hereunto set my hand and seal at Honolulu, this 30 day of September 1845.
R. BOYD
F.T. 50-52v1
Claim No. 44, G. Rhodes & co. July 8
D ....
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.... at a surveyor, would by these descriptions, very easily find the 90 acres which he has mentioned on the west side of the river.
Witness understood that the reason why Mr. Bernard wished a clause inserted in the lease, allowing him to build his fence on the top of the hill, was because he could not build it anywhere else, and because he would have had no right to build it there without special liberty; and Witness understood that the reason why the side hill was not included in the last lease, was because the price which Mr. Bernard had previously paid for it was higher than what he considered its value.
See Claim 8521. Counter-relating to a house lot of this estate.
N.T. 82-83, 85v1
No. 44, [G. Rhodes and Co.]
Office of the Board of Commissioners Who Quiet Land Titles
Kauwila building
July 8, 1846
G. P. Judd, sworn, and testified:
First, I will present J. Bernard's lease of 185 acres at seventy-five cents per acre. This document is completed and written on September 8, 1842.
Number A.
Number B. is the map of that property.
Number C. is the original of the lease for the present 250 acres of good land adjoining the river for $1.00 an acre. The old lease has been voided and by the new lease 87 acres of land with hills and cliffs have been rejected; therefore, there has been an increase of a dollar per acre.
Number D. Land document William P. Alexander and;
Number C. The pencil mark in Number D is made by J. Bernard. It was not intended that J. Bernard be given more than 250 acres as he had asked us.
Number E. is a copy of the land document which I wrote in the native language to enable the King to know about the land.
On this property J. Bernard had planted coffee on many acres outside of the boundaries of the land he had been granted. The Hawaiians disapproved of this and complained to me. They quarreled frequently; [he] uprooted their taro and planted coffee in their patches. J. Bernard reported that the Hawaiians planted taro on his land too. I was desirous of creating peace on both sides, so I told J. Bernard that he would receive 250 acres of good land after his property was surveyed properly. I suggested that he should not flatten the property again lest there would be trouble later. If this is the case, then I would help him, I had assured him. I would get a lease for the additional acres; however, he must pay for it the same way as [for] the other acres. J. Bernard agreed and he planted coffee on more than 250 acres, into Haalilio's property given to him outright by the King. J. Bernard continued to flatten the coffee lands and not heeding in the least. The natives constantly complained about this, but Haalilio contends that the King had given him all of Hanalei, yet later J. Bernard claimed the river and the fishes in it, even refused people to fish there. The Konohiki accused J. Bernard of stealing the King's fish. I told him that the people were right; that J. Bernard was in error, but we should be quiet and not argue until such time this could be settled. I made a statement also that fish is something apart; it does not pertain to the uplands nor to the land, but it applies to the landlord of that particluar land. (See page 85 [No. 44 N.T.])
N.T. 85v1
No. 44, [G. Rhodes and Co.]
G. Rhodes' statement:
J. Bernard had leased a piece of property in the valley of Hanalei from Haalilio's successor. When he arrived on Kauai, he found that the property was not as large as he had wanted it to be, so he requested for more land, yet fearing he may not receive it, although he told me later that he was awarded the additional land. A statement was included in the document and he set up the boundary along the edge of the cliff. He had hoped that the property would be given to him outright, rather than to someone else but it was not stated likewise in the document for 9/10 of the property was not worth it. Opakahelu stated that the document was read and that he had bought according to every word in the document.
It (case) was postponed until Alexander will state the division of that property, at which time work will resume again (132).
[Award 44; Hanalei Halelea; 1 ap.; 2.5 Acs; no other documents yet located]